Docket

38051

Christine DeJong Medicine Professional Corporation v. DBDC Spadina Ltd., et al.

(Ont.) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2019-06-04 Appeal closed
2019-05-30 Transcript received, 115 pages
2019-05-15 Formal judgment sent to the registrar of the court of appeal and all parties
2019-05-15 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-05-14 Judgment on the appeal rendered, CJ Abe Ka Côt Br Row Mar, The appeal from the judgment of the Court of Appeal for Ontario, Number C62822, 2018 ONCA 60, dated January 25, 2018, was heard on May 14, 2019, and the Court on that day delivered the following judgment orally:

BROWN J. — We agree with Justice van Rensburg, dissenting, at the Court of Appeal that the respondents’ claim for knowing assistance must fail, and we adopt her reasons as our own.

In view of the statement of the majority at the Court of Appeal that this Court’s decision in Deloitte & Touche v. Livent Inc. (Receiver of), 2017 SCC 63, [2017] 2 S.C.R. 855, invited a “flexible” application of the criteria stated in Canadian Dredge & Dock Co. v. The Queen, [1985] 1 S.C.R. 662 for attributing individual wrongdoing to a corporation, we respectfully add this. What the Court directed in Livent, at para. 104, was that even where those criteria are satisfied, “courts retain the discretion to refrain from applying [corporate attribution] where, in the circumstances of the case, it would not be in the public interest to do so” (emphasis added). In other words, while the presence of public interest concerns may heighten the burden on the party seeking to have the actions of a directing mind attributed to a corporation, Canadian Dredge states minimal criteria that must always be met. The appeal is allowed, with costs throughout.
Allowed, with costs
2019-05-14 Hearing of the appeal, 2019-05-14, CJ Abe Ka Côt Br Row Mar
Judgment rendered
2019-05-14 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Schonfeld Inc., in its capacity as the Court-appointed Manager of Twin Dragons Corporation, Bannockburn Lands Inc. / Skyline – 1185 Eglinton Avenue Inc., Wynford Professional Centre Ltd., Liberty Village Properties Ltd., Liberty Village Lands Inc.
2019-05-14 Respondent's condensed book, (Book Form), (2 volumes), Submitted in Court (14 copies) DBDC Spadina Ltd.
2019-05-14 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Christine DeJong Medicine Professional Corporation
2019-05-07 Appellant's record, (Book Form), Supplemental Record, Completed on: 2019-05-07 Christine DeJong Medicine Professional Corporation
2019-05-07 Reply factum on appeal, (Book Form), Completed on: 2019-05-07 Christine DeJong Medicine Professional Corporation
2019-05-07 Respondent's record, (Book Form), Supplemental Record, Completed on: 2019-05-07 DBDC Spadina Ltd.
2019-05-07 Respondent's book of authorities, (Book Form), Reply Factum, Completed on: 2019-05-07 DBDC Spadina Ltd.
2019-05-07 Reply factum on appeal, (Book Form), Completed on: 2019-05-07 DBDC Spadina Ltd.
2019-05-01 Correspondence received from, (Letter Form), 5 reserved seats requested. DBDC Spadina Ltd.
2019-05-01 Notice of appearance, (Letter Form), Shara N. Roy, Paul-Erik Veel and Madison Robins will appear before the court. Shara N. Roy and Paul-Erik Veel will present oral arguments. DBDC Spadina Ltd.
2019-05-01 Notice of appearance, (Letter Form), Geoff Hall, Anu Koshal and Nathalie Kolos will appear before the court. Mr. Hall will present oral arguments.
Canadian Chamber of Commerce
2019-05-01 Correspondence received from, (Letter Form), 4 reserved seats requested. Christine DeJong Medicine Professional Corporation
2019-05-01 Notice of appearance, (Letter Form), Jeremy Opolsky, Jonathan Silver and Alicja Puchta will appear before the court. Mr. Opolsky will present oral arguments.
Christine DeJong Medicine Professional Corporation
2019-05-01 Notice of appearance, (Book Form), Mark Dunn and Carlie Fox will appear before the court. Mr. Dunn will present oral arguments.
Schonfeld Inc., in its capacity as the Court-appointed Manager of Twin Dragons Corporation, Bannockburn Lands Inc. / Skyline – 1185 Eglinton Avenue Inc., Wynford Professional Centre Ltd., Liberty Village Properties Ltd., Liberty Village Lands Inc.
2019-05-01 Intervener's factum, (Book Form), Completed on: 2019-05-01 Schonfeld Inc., in its capacity as the Court-appointed Manager of Twin Dragons Corporation, Bannockburn Lands Inc. / Skyline – 1185 Eglinton Avenue Inc., Wynford Professional Centre Ltd., Liberty Village Properties Ltd., Liberty Village Lands Inc.
2019-05-01 Intervener's factum, (Book Form), Completed on: 2019-05-01 Canadian Chamber of Commerce
2019-04-30 Appeal perfected for hearing
2019-04-26 Certificate of counsel (attesting to record), (Letter Form) DBDC Spadina Ltd.
2019-04-26 Respondent's book of authorities, (Book Form), Completed on: 2019-04-26 DBDC Spadina Ltd.
2019-04-26 Respondent's record, (Book Form), Completed on: 2019-04-26 DBDC Spadina Ltd.
2019-04-26 Respondent's factum, (Book Form), Completed on: 2019-04-26 DBDC Spadina Ltd.
2019-04-10 Order on motion to add or substitute parties, by CÔTÉ J.
2019-04-10 Order on motion for leave to intervene, by CÔTÉ J.
2019-04-10 Decision on motion to add or substitute parties, Côt,
See order on motion for leave to intervene.
Granted
2019-04-10 Decision on the motion for leave to intervene, Côt,
UPON APPLICATION by Schonfeld Inc., in its capacity as the court-appointed Inspector and Manager of Twin Dragons Corporation, et al., for an order to be added as a respondent in the above appeal or, in the alternative, an order granting leave to intervene in the above appeal;
AND UPON APPLICATION by the Canadian Chamber of Commerce for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion to be added as a respondent by Schonfeld Inc., in its capacity as the court-appointed Inspector and Manager of Twin Dragons Corporation, et al., is dismissed.
The alternative request for leave to intervene by Schonfeld Inc., in its capacity as the court-appointed Inspector and Manager of Twin Dragons Corporation, et al., is granted and the said intervener shall be entitled to serve and file a factum not exceeding ten (10) pages in length on or before May 1, 2019.
The motion for leave to intervene by the Canadian Chamber of Commerce is granted and the said intervener shall be entitled to serve and file a factum not exceeding ten (10) pages in length on or before May 1, 2019.
The said two (2) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The respondents are permitted to serve and file a factum not exceeding ten (10) pages in response to these interventions on or before May 7, 2019.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondents any additional disbursements resulting from their interventions.
Granted
2019-04-10 Submission of motion to add or substitute parties, Côt
2019-04-10 Submission of motion for leave to intervene, Côt
2019-04-08 Reply to motion to add or substitute parties, (Letter Form), Completed on: 2019-04-08 Schonfeld Inc., in its capacity as the Court-appointed Manager of Twin Dragons Corporation, Bannockburn Lands Inc. / Skyline – 1185 Eglinton Avenue Inc., Wynford Professional Centre Ltd., Liberty Village Properties Ltd., Liberty Village Lands Inc.
2019-04-01 Response to motion to add or substitute parties, (Book Form), Completed on: 2019-04-01 Christine DeJong Medicine Professional Corporation
2019-03-29 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-03-29 Christine DeJong Medicine Professional Corporation
2019-03-29 Response to motion to add or substitute parties, (Letter Form), (Included in the response to the motion for leave to intervene), Completed on: 2019-03-29 DBDC Spadina Ltd.
2019-03-29 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-03-29 DBDC Spadina Ltd.
2019-03-22 Certificate (on limitations to public access), (Letter Form) Schonfeld Inc., in its capacity as the Court-appointed Manager of Twin Dragons Corporation, Bannockburn Lands Inc. / Skyline – 1185 Eglinton Avenue Inc., Wynford Professional Centre Ltd., Liberty Village Properties Ltd., Liberty Village Lands Inc.
2019-03-22 Notice of name, (Letter Form) Schonfeld Inc., in its capacity as the Court-appointed Manager of Twin Dragons Corporation, Bannockburn Lands Inc. / Skyline – 1185 Eglinton Avenue Inc., Wynford Professional Centre Ltd., Liberty Village Properties Ltd., Liberty Village Lands Inc.
2019-03-22 Motion to add or substitute parties, (Book Form), Payment missing.(rec' 04/01/19), Completed on: 2019-04-01 Schonfeld Inc., in its capacity as the Court-appointed Manager of Twin Dragons Corporation, Bannockburn Lands Inc. / Skyline – 1185 Eglinton Avenue Inc., Wynford Professional Centre Ltd., Liberty Village Properties Ltd., Liberty Village Lands Inc.
2019-03-22 Certificate (on limitations to public access), (Letter Form) Canadian Chamber of Commerce
2019-03-22 Notice of name, (Letter Form) Canadian Chamber of Commerce
2019-03-22 Motion for leave to intervene, (Book Form), Completed on: 2019-03-22 Canadian Chamber of Commerce
2019-03-07 Certificate of counsel (attesting to record), (Letter Form) Christine DeJong Medicine Professional Corporation
2019-03-05 Notice of hearing sent to parties
2019-03-01 Certificate (on limitations to public access), (Letter Form) Christine DeJong Medicine Professional Corporation
2019-03-01 Appellant's book of authorities, (Book Form), Completed on: 2019-03-01 Christine DeJong Medicine Professional Corporation
2019-03-01 Appellant's record, (Book Form), (16 volumes), Certificate 24 missing-rec'd 2019/03/07, Completed on: 2019-03-07 Christine DeJong Medicine Professional Corporation
2019-03-01 Appellant's factum, (Book Form), Completed on: 2019-03-01 Christine DeJong Medicine Professional Corporation
2019-02-26 Appeal hearing scheduled, 2019-05-14, The schedule for serving and filing the material is set as follows:

a) The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before March 1st, 2019.

b) Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before March 22, 2019.

c) The appellant and respondents shall serve and file their responses, if any, to the motions for leave to intervene on or before March 29, 2019.

d) Replies to any responses to the motions for leave to intervene shall be served and filed on or before April 2, 2019.

e) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before May 1st, 2019.

f) The respondents’ record, factum and book of authorities, if any, shall be served and filed on or before April 26, 2019.

Judgment rendered
2018-12-21 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2018-12-17 Notice of appeal, (Letter Form), Completed on: 2018-12-17 Christine DeJong Medicine Professional Corporation
2018-11-20 Correspondence received from, (Letter Form), Request to have appeal scheduled after May 1,
Counsel for the respondents consents.
Christine DeJong Medicine Professional Corporation
2018-11-16 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2018-11-16 Judgment on leave sent to the parties
2018-11-15 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 C62822, 2018 ONCA 60, dated January 25, 2018, is granted with costs in the cause. The schedule for serving and filing materials will be set by the Registrar.
Granted, with costs in the cause
2018-10-01 All materials on application for leave submitted to the Judges, for consideration by the Court
2018-05-11 Correspondence received from, (Letter Form), Villeneuve (letter) Stating that the Response contains a Spreadsheet that is not legible when printed and only in electronic format. DBDC Spadina Ltd.
2018-05-11 Certificate (on limitations to public access), (Letter Form) DBDC Spadina Ltd.
2018-05-11 Notice of name, (Letter Form) DBDC Spadina Ltd.
2018-05-11 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-05-11 DBDC Spadina Ltd.
2018-04-11 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2018-04-11
2018-03-26 Certificate (on limitations to public access), (Letter Form) Christine DeJong Medicine Professional Corporation
2018-03-26 Notice of name, (Letter Form) Christine DeJong Medicine Professional Corporation
2018-03-26 Application for leave to appeal, (Book Form), Completed on: 2018-04-11 Christine DeJong Medicine Professional Corporation