Case information
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41499
Synagogue and Jewish Community Centre of Ottawa operating as Soloway Jewish Community Centre, John Doe Inc. and Jane Doe Maintenance Inc. v. Doris Aubin and Aimee Zweig
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-03-07 | Close file on Leave | |
| 2025-03-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-03-06 | Judgment on leave sent to the parties | |
| 2025-03-06 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-23-CV-0806, 2024 ONCA 615, dated August 15, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2025-01-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-11-27 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2024-11-27, (Printed version filed on 2024-11-27) | Synagogue and Jewish Community Centre of Ottawa operating as Soloway Jewish Community Centre, John Doe Inc. and Jane Doe Maintenance Inc. |
| 2024-11-18 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-11-18) | Doris Aubin and Aimee Zweig |
| 2024-11-18 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-11-18, (Printed version filed on 2024-11-18) | Doris Aubin and Aimee Zweig |
| 2024-10-17 | Letter acknowledging receipt of a complete application for leave to appeal, File opened | |
| 2024-10-15 | Notice of name, (Printed version filed on 2024-10-15) | Synagogue and Jewish Community Centre of Ottawa operating as Soloway Jewish Community Centre, John Doe Inc. and Jane Doe Maintenance Inc. |
| 2024-10-15 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2024-10-15) | Synagogue and Jewish Community Centre of Ottawa operating as Soloway Jewish Community Centre, John Doe Inc. and Jane Doe Maintenance Inc. |
| 2024-10-15 | Application for leave to appeal, (Book Form), Completed on: 2024-10-15, (Printed version filed on 2024-10-15) | Synagogue and Jewish Community Centre of Ottawa operating as Soloway Jewish Community Centre, John Doe Inc. and Jane Doe Maintenance Inc. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Synagogue and Jewish Community Centre of Ottawa operating as Soloway Jewish Community Centre, John Doe Inc. and Jane Doe Maintenance Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Doris Aubin and Aimee Zweig | Respondent | Active |
Counsel
Party: Synagogue and Jewish Community Centre of Ottawa operating as Soloway Jewish Community Centre, John Doe Inc. and Jane Doe Maintenance Inc.
Counsel
Riley McIntyre
700 University Avenue
Suite 1600
Toronto, Ontario
M5G 0A1
Telephone: (416) 525-3834
FAX: (416) 217-0515
Email: joseph.lin@intact.net
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Doris Aubin and Aimee Zweig
Counsel
Elizabeth A. Quigley
150 Metcalfe Street
Suite 1604
Ottawa, Ontario
K2P 1P1
Telephone: (613) 567-4412
FAX: (613) 567-9751
Email: joseph.obagi@connollyobagi.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Judgments and orders – Interest – Prejudgment interest – Rate – Non-pecuniary damages – Whether the Court of Appeal’s reformation of the law governing pre-judgment interest in civil litigation is an issue of public importance pursuant to s. 40(1) of the Supreme Court Act, R.S.C., 1985, c. S-26.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicants brought a motion in the Ontario Superior Court of Justice for an order setting the prejudgment interest rate on the non-pecuniary damages awarded to the respondents by a jury in a personal injury matter. The applicants argued the rate should be 1.3 percent instead of the prescribed rate of 5 percent. The respondents brought a cross-motion, asking for prejudgment interest on their awards for both non-pecuniary and past pecuniary damages to be set at 8.46 percent. The trial judge granted the applicants’ motion and ordered that the rate of prejudgment interest for non-pecuniary damages be fixed at 1.3 percent per annum and that the rate of prejudgment interest on past pecuniary damages be fixed at 0.8 percent per annum.
The Ontario Court of Appeal unanimously allowed the respondents’ appeal, set aside the trial judge’s prejudgment interest award, and set prejudgment interest for both non-pecuniary and pecuniary damages at 8.46 percent. The court agreed with the respondents that the trial judge erred in her approach to setting the prejudgment interest rates and in the exercise of her discretion.
Lower court rulings
Motion to vary prejudgment interest rates granted and cross-motion to vary dismissed;
rate of prejudgment interest for non-pecuniary damages fixed at 1.3 percent per annum;
rate of prejudgment interest on past pecuniary damages fixed at 0.8 percent per annum
Appeal allowed; trial judge’s prejudgment interest award set aside, and prejudgment interest for both non-pecuniary and pecuniary damages set at 8.46 percent.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available