Case information
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41855
6165347 Manitoba Inc., et al. v. City of Winnipeg, et al.
(Manitoba) (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) |
|---|---|---|
| 2025-12-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-08-25 | Correspondence received from, (Letter Form), The Applicants plead and rely upon their Replies to the responses of the two individual Respondents., (Printed version filed on 2025-08-26) | 6165347 Manitoba Inc. |
| 2025-08-25 | Applicant's reply to respondent's argument, (Book Form), Applicants reply to the response of Michael Robinson, Completed on: 2025-08-26, (Printed version filed on 2025-08-26) | 6165347 Manitoba Inc. |
| 2025-08-25 |
Applicant's reply to respondent's argument, (Book Form), Applicants reply to the response of Braden Smith , Completed on: 2025-08-26, (Printed version filed on 2025-08-26) |
6165347 Manitoba Inc. |
| 2025-08-15 | Notice of name, (Letter Form), (Printed version due on 2025-08-22) | City of Winnipeg |
| 2025-08-15 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-08-18) | City of Winnipeg |
| 2025-08-15 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-08-15, (Printed version filed on 2025-08-18) | City of Winnipeg |
| 2025-08-15 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2025-08-22) | Braden Smith |
| 2025-08-15 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-08-15, (Printed version filed on 2025-08-18) | Braden Smith |
| 2025-08-15 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-08-18) | Michael Robinson |
| 2025-08-15 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-08-15, (Printed version filed on 2025-08-18) | Michael Robinson |
| 2025-06-17 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2025-06-16 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-06-17) | 6165347 Manitoba Inc. |
| 2025-06-16 | Notice of name, (Letter Form), (Printed version filed on 2025-06-17) | 6165347 Manitoba Inc. |
| 2025-06-16 | Application for leave to appeal, (Book Form), Completed on: 2025-06-16, (Printed version filed on 2025-06-17) | 6165347 Manitoba 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 |
|---|---|---|
| 6165347 Manitoba Inc. | Applicant | Active |
| 7138793 Manitoba Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| City of Winnipeg | Respondent | Active |
| Smith, Braden | Respondent | Active |
| Robinson, Michael | Respondent | Active |
Counsel
Party: 6165347 Manitoba Inc.
Counsel
Dave Hill
2670 – 360 Main Street
Winnipeg, Manitoba
R3C 3Z3
Telephone: (204) 954-0751
Email: ktoyne@hillcounsel.com
Agent
440 Laurier Ave. West
Suite 200
Ottawa, Ontario
K1R 7X6
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: 7138793 Manitoba Ltd.
Counsel
Dave Hill
2670 – 360 Main Street
Winnipeg, Manitoba
R3C 3Z3
Telephone: (204) 954-0751
Email: ktoyne@hillcounsel.com
Agent
440 Laurier Ave. West
Suite 200
Ottawa, Ontario
K1R 7X6
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: City of Winnipeg
Counsel
Legal Services Department
3rd Floor – 185 King Street
Winnipeg, Manitoba
R3B 1J1
Telephone: (204) 430-7663
Email: nbeasse@winnipeg.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Smith, Braden
Counsel
Katie Olson
200 – 412 Marion St.
Winnipeg, Manitoba
R2H 0V5
Telephone: (204) 925-5355
FAX: (204) 421-8566
Email: bmeronek@ddwestllp.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
Party: Robinson, Michael
Counsel
Matthew Nordlund
2200 – 201 Portage Avenue
Winnipeg, Manitoba
R3B 3L3
Telephone: (204) 988-0309
FAX: (204) 953-7228
Email: kwilliams@tmlawyers.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
Torts — Municipalities — Misfeasance in public office — Inferences — Court of Appeal setting aside liability finding against City and employees — Compensatory and exemplary damages — What is proper approach to drawing inferences in misfeasance cases — When and in what circumstances should an award of compensatory and exemplary damages at large be granted.<br>
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.
These appeals address the development of land located in the City of Winnipeg. The applicants, 6165347 Manitoba Inc. and 7138793 Manitoba Ltd., which carries on business as Gem Equities Inc. (Gem), are the developers of approximately forty-seven acres of land commonly referred to as the Parker Lands.
Two employees of the City of Winnipeg at the relevant time, the respondents, Braden Smith and Michael Robinson, were found liable for misfeasance in public office. The City was found vicariously liable for the acts of its employees and the City, Smith and Robinson were found jointly and severally liable to pay Gem compensatory and exemplary damages of $5 million.
The Court of Appeal allowed the appeal and dismissed the claims against Smith, Robinson and the City.
Lower court rulings
Braden Smith, Michael Robinson and the City found liable for misfeasance in public office.
Appeal allowed, judgment against City and its employees set aside and applicants’ actions 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