Case information
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41533
Canada Forgings Inc. v. Atomic Energy of Canada Limited
(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) |
|---|---|---|
| 2025-05-02 | Close file on Leave | |
| 2025-05-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-05-01 | Judgment on leave sent to the parties | |
| 2025-05-01 |
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-0135, 2024 ONCA 677, dated September 12, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2025-03-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-12-12 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-12-18) | Atomic Energy of Canada Limited |
| 2024-12-12 | Notice of name, (Printed version filed on 2024-12-18) | Atomic Energy of Canada Limited |
| 2024-12-12 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: - Proof of service (Rec'd 12-16-2024), Completed on: 2024-12-16, (Printed version filed on 2024-12-18) |
Atomic Energy of Canada Limited |
| 2024-11-15 | Lower court order - e-filing, COA-23-CV-0135 CA Orders | Canada Forgings Inc. |
| 2024-11-12 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED | |
| 2024-11-12 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-11-13) | Canada Forgings Inc. |
| 2024-11-12 | Notice of name, (Printed version filed on 2024-11-13) | Canada Forgings Inc. |
| 2024-11-12 |
Application for leave to appeal, (Book Form), Amended version received 11-18-2024 Missing: - Proof of service (Rec'd 11-12-2024) - CA Orders (Rec'd 11-15-2024), Completed on: 2024-11-15, (Printed version filed on 2024-11-19) |
Canada Forgings 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 |
|---|---|---|
| Canada Forgings Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Atomic Energy of Canada Limited | Respondent | Active |
Counsel
Party: Canada Forgings Inc.
Counsel
Suite 5300, TD Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7856
Email: ghall@mccarthy.ca
Party: Atomic Energy of Canada Limited
Counsel
Lia Bruschetta
Hannah Davis
100 King Street West
1 First Canadian Place, Suite 6200
Toronto, Ontario
M5X 1B8
Email: rgillott@osler.com
Summary
Keywords
Judgments and orders — Reasons — Sufficiency of reasons — Applicant’s claim dismissed following trial — Whether rule of law requiring trial judge to explain not just why certain evidence accepted when making findings of fact, but also why other, conflicting, evidence rejected — Whether sufficient for trial judge to explain why one party’s key evidence accepted in making findings of fact — Whether trial judge required to explain why other party’s key evidence rejected in making findings of fact
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.
In 2006, applicant Canada Forgings Inc. (hereafter, “CanForge”) commenced an action against several defendants, including the respondent Atomic Energy Canada Limited (hereafter, “AECL”). CanForge’s claim was based on a number of distinct causes of action.
In 2009, CanForge moved to amend its statement of claim to add a procurement claim for an alleged breach of the duty of fairness as against AECL. AECL agreed to CanForge’s proposed amendment but retained its right to argue at trial that the procurement claim was statute-barred.
By the time the action came on for trial CanForge’s claims against the other defendants, and most of the causes of action as against AECL, had been struck. Only the procurement claim remained.
The trial judge dismissed CanForge’s claim. The Court of Appeal dismissed CanForge’s appeal.
Lower court rulings
Ontario Superior Court of Justice
06-233359
Claim dismissed
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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