Case information
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41642
Eldon Fehr, et al. v. Sun Life Assurance Company of Canada
(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) |
|---|---|---|
| 2025-10-21 | Close file on Leave | |
| 2025-10-20 | Correspondence (sent by the Court) to, All parties, RE: Certificate of Taxation | |
| 2025-10-20 | Certificate of taxation issued to, F. Paul Morrison | |
| 2025-10-20 | Decision on the bill of costs, in the amount of $1,116.13, Reg | |
| 2025-10-20 | Submission of the bill of costs, Reg | |
| 2025-07-14 | Bill of costs, (Book Form), Completed on: 2025-07-30, (Printed version filed on 2025-07-15) | Sun Life Assurance Company of Canada |
| 2025-06-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-06-12 | Judgment on leave sent to the parties | |
| 2025-06-12 |
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-0618, 2024 ONCA 847, dated November 21, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2025-05-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-03-07 | Lower court order - e-filing, (Letter Form), CA Order, (Printed version filed on 2025-06-03) | Eldon Fehr |
| 2025-03-03 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-03-04, (Printed version filed on 2025-03-03) | Eldon Fehr |
| 2025-02-19 | Notice of name, (Letter Form), (Printed version filed on 2025-02-20) | Sun Life Assurance Company of Canada |
| 2025-02-19 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-02-20) | Sun Life Assurance Company of Canada |
| 2025-02-19 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-02-20, (Printed version filed on 2025-02-20) | Sun Life Assurance Company of Canada |
| 2025-01-21 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2025-01-20 | Notice of name, (Letter Form), (Printed version filed on 2025-01-20) | Eldon Fehr |
| 2025-01-20 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-01-20) | Eldon Fehr |
| 2025-01-20 | Application for leave to appeal, (Book Form), Completed on: 2025-01-20, (Printed version filed on 2025-01-20) | Eldon Fehr |
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 |
|---|---|---|
| Fehr, Eldon | Applicant | Active |
| Gaetan Laurier, Leslie Michael Lucas, James Patrick O'Hara, Rebecca Jean Clark and Lloyd Shaun Clark | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Sun Life Assurance Company of Canada | Respondent | Active |
Counsel
Party: Fehr, Eldon
Counsel
Michael C. Spencer
Megan B. McPhee
Derek McKay
1200 Bay Street
Suite 1203
Toronto, Ontario
M5R 2A5
Telephone: (416) 596-1414
FAX: (416) 598-0601
Email: wjk@complexlaw.ca
Agent
270 Albert Street
Suite 1400
Ottawa, Ontario
K1P 5G8
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Gaetan Laurier, Leslie Michael Lucas, James Patrick O'Hara, Rebecca Jean Clark and Lloyd Shaun Clark
Counsel
Michael C. Spencer
Megan B. McPhee
Derek McKay
1200 Bay Street
Suite 1203
Toronto, Ontario
M5R 2A5
Telephone: (416) 596-1414
FAX: (416) 598-0601
Email: wjk@complexlaw.ca
Agent
270 Albert Street
Suite 1400
Ottawa, Ontario
K1P 5G8
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Sun Life Assurance Company of Canada
Counsel
Glynnis P. Burt
Jacqueline Cole
40 King Street West, Suite 5800
P.O. Box 1011
Toronto, Ontario
M5H 3S1
Telephone: (416) 597-6050
FAX: (416) 595-8695
Email: paulmorrison@millerthomson.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
Civil procedure — Class actions — Pleadings — Amendments — Discoverability — For limitations purposes, does an order certifying a class proceeding fix absent class members with the actual or deemed knowledge of the representative plaintiff or class counsel? — Whether traditional res judicata principles apply to absent class members in class proceedings — Whether the courts below erred by applying a factual merits test to the applicants’ proposed pleadings.
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 the course of an already-certified class proceeding, the applicants moved to amend their statement of claim to add what the respondent insurer argued was a new cause of action that was time-barred. In the Ontario Superior Court of Justice, the motion judge dismissed the motion, concluding that the amended pleadings concerned a new claim that was time-barred. The Court of Appeal for Ontario unanimously dismissed the applicant’s appeal from that decision, concluding there was no reversible error in the motion judge’s decision.
Lower court rulings
Motion to amend pleadings and to certify a new common issue dismissed
Appeal dismissed
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