Case information
Consult our database for details on a Supreme Court of Canada case.
42110
Cacoeli Asset Management Inc., et al. v. Ontario Securities Commission
(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) |
|---|---|---|
| 2026-08-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-08-27 | Judgment on leave sent to the parties | |
| 2026-08-27 |
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-25-CV-0645, 2025 ONCA 654, dated September 23, 2025, is dismissed with costs. Dismissed, with costs |
|
| 2026-07-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-12-18 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2025-12-18) | Cacoeli Asset Management Inc. |
| 2025-12-17 | Notice of name, (Letter Form), (Printed version filed on 2025-12-18) | Ontario Securities Commission |
| 2025-12-17 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2025-12-18) | Ontario Securities Commission |
| 2025-12-17 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-12-18) | Ontario Securities Commission |
| 2025-12-17 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-12-19, (Printed version filed on 2025-12-18) | Ontario Securities Commission |
| 2025-11-25 | Letter acknowledging receipt of an incomplete application for leave to appeal, File opened | |
| 2025-11-24 | Notice of name, (Letter Form), (Printed version filed on 2025-12-01) | Cacoeli Asset Management Inc. |
| 2025-11-24 |
Certificate (on limitations to public access), (Letter Form), 23A Amended version filed on 2025-12-18, (Printed version filed on 2025-12-01) |
Cacoeli Asset Management Inc. |
| 2025-11-24 |
Application for leave to appeal, (Book Form), Missing: -CA Order (Draft Order included in application) (Rec'd 2026-01-21), Completed on: 2026-01-22, (Printed version filed on 2025-12-01) |
Cacoeli Asset Management 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 |
|---|---|---|
| Cacoeli Asset Management Inc. | Applicant | Active |
| Cacoeli Capital Inc., Cacoeli Duke Wellington LP, Cacoeli Linnwood-Lowther LP, Cacoeli Heiman LP, Cacoeli Arlington Rental LP, Cacoeli Holborn-Chicopee LP, Holborn Chicopee LP, Cacoeli Bloor Ossington LP | Applicant | Active |
| Cacoeli YS High Yield Finance LP, Cacoeli Kennedy Steeles LP, Cacoeli Fixed Income Fund LP, 11530704 Canada Inc., Cacoeli GP Inc., 10138851 Canada Inc., 11089480 Canada Inc., Holborn Chicopee GP Inc. | Applicant | Active |
| Cacoeli Real Estate OPP GP Inc., 11889702 Canada Inc., 2778754 Ontario Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ontario Securities Commission | Respondent | Active |
Counsel
Party: Cacoeli Asset Management Inc.
Counsel
Cameron Rempel
Caroline Harrell
401 Bay Street, Suite 3200
Toronto, Ontario
M5H 2Y4
Telephone: (416) 499-9940
Email: sbieber@agbllp.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: Cacoeli Capital Inc., Cacoeli Duke Wellington LP, Cacoeli Linnwood-Lowther LP, Cacoeli Heiman LP, Cacoeli Arlington Rental LP, Cacoeli Holborn-Chicopee LP, Holborn Chicopee LP, Cacoeli Bloor Ossington LP
Counsel
Cameron Rempel
Caroline Harrell
401 Bay Street, Suite 3200
Toronto, Ontario
M5H 2Y4
Telephone: (416) 499-9940
Email: sbieber@agbllp.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: Cacoeli YS High Yield Finance LP, Cacoeli Kennedy Steeles LP, Cacoeli Fixed Income Fund LP, 11530704 Canada Inc., Cacoeli GP Inc., 10138851 Canada Inc., 11089480 Canada Inc., Holborn Chicopee GP Inc.
Counsel
Cameron Rempel
Caroline Harrell
401 Bay Street, Suite 3200
Toronto, Ontario
M5H 2Y4
Telephone: (416) 499-9940
Email: sbieber@agbllp.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: Cacoeli Real Estate OPP GP Inc., 11889702 Canada Inc., 2778754 Ontario Ltd.
Counsel
Cameron Rempel
Caroline Harrell
401 Bay Street, Suite 3200
Toronto, Ontario
M5H 2Y4
Telephone: (416) 499-9940
Email: sbieber@agbllp.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: Ontario Securities Commission
Counsel
Hansen Wong
20 Queen Street West, 22nd Floor
Toronto, Ontario
M5H 3R4
Telephone: (416) 593-8290
Email: ehoult@osc.gov.on.ca
Summary
Keywords
Securities — Appointment of receiver — What is the appropriate standard of proof when provincial securities regulators seek the appointment of a receiver on the basis of alleged violations of securities law — Whether it is appropriate to apply different civil standards of proof in hearings for final relief — Securities Act, R.S.O. 1990, c. S.5, s. 129(2).
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 Cacoeli companies engaged in acquiring, holding and managing residential properties. The applicants are mostly the general or limited partners for individual Cacoeli projects. Two of the applicants provide services to the general and limited partners. The Ontario Securities Commission (“OSC”) started investigating the applicants after receiving a complaint from the firm’s former chief financial officer. The OSC’s investigation focused on four of the applicants’ projects and pursued allegations that funds raised from investors for these projects were used for other purposes not disclosed to investors. After commencing its investigation, the OSC sought and was granted the appointment of a receiver over all of the assets and properties of the applicants. The applicants appealed the appointment of the receiver and the appeal was dismissed.
Lower court rulings
Application for appointment of a receiver granted
Ontario Superior Court of Justice
CV-25-00736396-00CL
Order appointing a receiver issued
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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