Case information
Consult our database for details on a Supreme Court of Canada case.
42203
Gordon Schembri, et al. v. Al Way, et al.
(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) |
|---|---|---|
| 2026-10-08 | Close file on Leave | |
| 2026-10-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-10-08 | Judgment on leave sent to the parties | |
| 2026-10-08 |
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-0396, 2025 ONCA 863, dated December 8, 2025, is dismissed with costs. Dismissed, with costs |
|
| 2026-08-24 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2026-05-26 | Correspondence received from, (Letter Form), the applicants , (Printed version due on 2026-06-02) | Gordon Schembri |
| 2026-03-09 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2026-03-09) | Al Way |
| 2026-03-09 | Notice of name, (Letter Form), (Printed version filed on 2026-03-09) | Al Way |
| 2026-03-09 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2026-03-10, (Printed version filed on 2026-03-09) | Al Way |
| 2026-02-09 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED | |
| 2026-02-06 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2026-02-09) | Gordon Schembri |
| 2026-02-06 | Notice of name, (Letter Form), (Printed version filed on 2026-02-09) | Gordon Schembri |
| 2026-02-06 |
Application for leave to appeal, (Book Form), Missing Amended Notice of application ( file number) (Rec'd 2026-02-10) CA Order (final), Completed on: 2026-08-25, (Printed version filed on 2026-02-09) |
Gordon Schembri |
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 |
|---|---|---|
| Schembri, Gordon | Applicant | Active |
| Schembri Financial Limited, 41 Columbia Inc., King & Columbia Inc., 69 Columbia St. Inc., 5 Rittenhouse Inc., The Block Inc., The Block I Inc. and The Bock II Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Way, Al | Respondent | Active |
| Kingsley Financial Inc. and Triumph Financial Holdings Inc. | Respondent | Active |
Counsel
Party: Schembri, Gordon
Counsel
Catherine E. Allen
70 Bond Street
Suite 200
Toronto, Ontario
M5B 1X3
Telephone: (416) 365-9320
FAX: (416) 365-0695
Email: jwortzman@teplitskyllp.com
Agent
270 Albert Street
Suite 1400
Ottawa, Ontario
K1P 5G8
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Schembri Financial Limited, 41 Columbia Inc., King & Columbia Inc., 69 Columbia St. Inc., 5 Rittenhouse Inc., The Block Inc., The Block I Inc. and The Bock II Inc.
Counsel
Catherine E. Allen
70 Bond Street
Suite 200
Toronto, Ontario
M5B 1X3
Telephone: (416) 365-9320
FAX: (416) 365-0695
Email: jwortzman@teplitskyllp.com
Agent
270 Albert Street
Suite 1400
Ottawa, Ontario
K1P 5G8
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Way, Al
Counsel
145 King Street West
Suite 2750
Toronto, Ontario
M5H 1J8
Telephone: (416) 598-1744
FAX: (416) 598-3730
Email: awinton@lolg.ca
Party: Kingsley Financial Inc. and Triumph Financial Holdings Inc.
Counsel
145 King Street West
Suite 2750
Toronto, Ontario
M5H 1J8
Telephone: (416) 598-1744
FAX: (416) 598-3730
Email: awinton@lolg.ca
Summary
Keywords
Civil Procedure – Pleadings – Pleadings struck – Action dismissed – Whether there are any issues of public importance raised.
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 2007, Messrs. Schembri and Way formed Triumph Financial Holdings Inc. (“Triumph”) to pursue real estate development opportunities in Waterloo, London, and Oshawa. They entered into a shareholders’ agreement in April 2008. Shortly after the shareholders’ agreement was executed and development on the Triumph Lands commenced, Messrs. Way and Schembri’s business relationship deteriorated. Two related actions were commenced. Four years went by and Mr. Schembri failed to comply with his documentary disclosure obligations in the face of an undertaking, two court orders, including a peremptory order, and a direction from the court to comply with the first order within a reasonable time frame. On October 30, 2024, two months after the peremptory deadline, Mr. Schembri delivered a second partial tranche of 60,000 documents. Mr. Way’s motion was granted. The judge struck Mr. Schembri’s statement of defence in the Way Action, and dismissed the Schembri Action, as an appropriate and proportionate remedy in the circumstances. The appeal was dismissed.
Lower court rulings
Respondents’ motion granted: Mr. Schembri’s statement of defence in the Way Action struck; Schembri Action dismissed
Appeal dismissed with costs
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