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21586

Gilles Lefebvre, et al. v. Hoj Industries Ltd., et al.

(Ontario) (Civil) (By Leave)

Docket

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

List of proceedings
Date Proceeding Filed By
(if applicable)
1995-05-16 Notice of appointment to tax the bill of costs, With service
1995-05-16 Late taxation on the bill of costs
1994-07-13 Appeal closed
1992-05-13 Copy of formal judgment being prepared, Nelligan, Power (Ottawa,ON)
1992-05-13 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1992-05-13 Copy of formal judgment being prepared, Miller, Thomson, Sedgewick, Lewis & Healy (Toronto,ON)
1992-05-12 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1992-04-30 Judgment on re-hearing rendered, LaF L'HD So G Co McL Ia, The appeal is allowed, the decision of the Ontario Court of Appeal is set aside, and the judgment of Hollingworth, J. restored. The appellants shall have their costs here and in the courts below.
Allowed, costs in this Court and courts below
1992-04-30 Notice of deposit of judgment issued to all parties, Miller, Thomson, Sedgewick, Lewis & Healy (Toronto,ON)
1992-04-30 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1992-04-30 Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa,ON)
1992-04-28 General proceeding, to note copy of letter dated April 15, 1992 from Mr. Levitt, and the Ontario Court of Appeal decision in Thomson v. Bechtel Can. Ltd. distrib. to the justices. Appeal was heard Nov 5, 1991.
1992-04-27 General proceeding, 9 copies of C.A. decision in Thomson v. Bechtel Can. Ltd. Gilles Lefebvre
1992-03-26 General proceeding, to note 9 copies of decisions in Bohemier, Isaacs and Ansari Gilles Lefebvre
1992-03-25 General proceeding, to note reasons on the Application for a re-hearing filed.
1992-03-16 General proceeding, transcripts received and distributed to the justices (91 pages)
1992-03-02 Re-hearing of the appeal, 1992-03-02, LaF L'HD So G Co McL Ia
Decision reserved
1992-03-02 Re-hearing scheduled, 1992-03-02
Decision reserved
1992-03-02 Appeal re-hearing ordered
1992-03-02 All material on motion for a re-hearing of the appeal submitted to Justices, (Terms & reasons to follow), LaF L'HD So G Co McL Ia
1992-03-02 General proceeding, 10 copies of additionnal authorities distributed in Court (Can. Amer. Fin. Corp.,)
1992-02-28 General proceeding, to note affidavit of Mr. Michael Larmour on the re-hearing which is scheduled to be heard on Monday March 2, 1992 distributed to the Justices.
1992-02-27 Affidavit, of Israel Balter on the motion for REHEARING (8 copies), with service Gilles Lefebvre
1992-02-27 General proceeding, AUTHORITIES AND STATUTES (10 copies), with service Gilles Lefebvre
1992-02-27 General proceeding, BRIEF OF AUTHORITIES FO MOTION FOR REHEARING (10 copies), with service Gilles Lefebvre
1992-02-27 General proceeding, to note affidavit of Mr. Israel Balter on the re-hearing which is scheduled to be heard on Monday March 2, 1992 distributed to Justices La Forest, L'Heureux-Dubé, Sopinka, Gonthier, Cory, McLachlin and Iacobucci.
1992-02-25 Notice of change of counsel, (fax copy in letter form) Gilles Lefebvre
1992-02-19 Correspondence (sent by the Court) to, (by fax) from Maryann Crnekovic; re: file additional affidavit and amended factum for the rehearing
1992-02-07 Correspondence (sent by the Court) to, of A. Roland sent to Mr. Howard Levitt c/o Howard Levitt & Assoc. (Toronto,ON) advising him that Court's decision to direct an oral hearing of the Appellant's application for a re-hearing. Affidavit of M. Larmour enclosed. Hearing will take place Monday
1992-01-30 General proceeding, (To Note) Appellants' motion sent up to Justices La Forest, L'Herureux Dube, Sopinka, Gonthier, Cory, McLachlin, Iacobucci.
1991-12-13 General proceeding, to note appellants/ motion for an order for a re-hearing of the appeal or for a right to give argument in reply in the orginal appeal sent up to Justices La Forest, L'Heureux-Dubé, Sopinka, Gonthier, Cory, McLachlin and Iacobucci.
1991-12-12 Affidavit Gilles Lefebvre
1991-12-12 Affidavit Gilles Lefebvre
1991-12-12 Response to the motion for a re-hearing of the appeal, With service Gilles Lefebvre
1991-12-12 Motion for a re-hearing of the appeal, With service Gilles Lefebvre
1991-11-25 General proceeding, transcripts of proceeding (distributed to the Justices) (50 pages)
1991-11-22 General proceeding, to note memo from C. Alain sent to Justice La Forest attaching copy of letter dated Nov. 18, 1991 from Mr. Stacey Reginald Ball.
1991-11-21 Correspondence (sent by the Court) to, fr. Stacey Ball re: transfer of file
1991-11-12 Correspondence (sent by the Court) to, from Howard Levitt; re: concern at the denial of natural justice exhibited by the S.C.C.
1991-11-07 Correspondence (sent by the Court) to, from Howard A. Levitt; re: that he name appears on all documents
1991-11-06 Correspondence (sent by the Court) to, (fax) fr. Howard Levitt re: was never contacted by his agent
1991-11-05 Hearing of the appeal, 1992-04-30, LaF L'HD So G Co McL Ia
Decision reserved
1991-11-05 Appeal hearing scheduled, 1992-04-30
Decision reserved
1991-11-05 Correspondence (sent by the Court) to, (fax) fr. Howard Levitt re: opportunity to reply
1991-10-16 Correspondence (sent by the Court) to, Message to Henry Brown advising him that the respondent's factum does not comply with the rules PS factum is to be sent to the judges in any event
1991-10-11 Book of authorities, 10 copies, with service Hoj Industries Ltd.
1991-10-11 Respondent's factum, 21 copies, with service Hoj Industries Ltd.
1991-10-02 Appeal hearing scheduled, 1991-11-05
Decision reserved
1991-08-27 Appeal perfected for hearing, Session beginning on 1991-10-01
1991-08-13 Appellant's factum, 21 copies, with service Gilles Lefebvre
1991-07-23 Affidavit, of service of the case on appeal Gilles Lefebvre
1991-07-23 Case on appeal, 21 copies (returned from correction Aug. 27\91) Gilles Lefebvre
1990-12-15 Close file on Leave
1990-12-10 $500 security deposit paid, direction #2172 Gilles Lefebvre
1990-12-10 Notice of appeal, With service Gilles Lefebvre
1990-11-15 Notice of deposit of judgment issued to all parties, Miller, Thomson, Sedgewick, Lewis & Healy (Tor,ON)
1990-11-15 Notice of deposit of judgment issued to all parties, Howard Levitt & Ass. (Toronto,ON)
1990-11-15 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted, costs in the cause.
Granted, with costs in the cause
1990-05-24 All materials on application for leave submitted to the Judges, W So McL
1990-03-28 Respondent's response on the application for leave to appeal, 5 copies, with service Hoj Industries Ltd.
1990-03-23 Decision on the miscellaneous motion, for an order permitting the appeal materials filed by the applicants to be printed on the right-hand side as opposed to the left-hand side as required by the rules., Reg
Granted, no order as to costs
1990-03-23 Hearing of miscellaneous motion, 1990-03-23, for an order permitting the appeal materials filed by the applicants to be printed on the right-hand side as opposed to the left-hand side as required by the rules., Reg
1990-03-23 Submission of miscellaneous motion, 1990-03-23, for an order permitting the appeal materials filed by the applicants to be printed on the right-hand side as opposed to the left-hand side as required by the rules., Reg
1990-03-22 Response to miscellaneous motion Hoj Industries Ltd.
1990-03-22 Affidavit, of Stacey Reginald Ball Gilles Lefebvre
1990-03-22 Notice of miscellaneous motion, to have the print of the motion books on the right-hand side as opposed to the left-hand-side (5 copies) as required by the rules, Gilles Lefebvre
1990-03-13 Application for leave to appeal, 5 copies, with service, Completed on: 1990-03-13 Gilles Lefebvre
1989-07-14 Notice of change of solicitor, the applicants formerly represented by Alan S. Price have appointed Howard Levist & Assoc. as counsel before this court. Gilles Lefebvre
1989-07-14 $30.00 filing fee, receipt # 15730 Gilles Lefebvre
1989-07-14 Affidavit, of Israel Balter (2 copies), with service Gilles Lefebvre
1989-07-14 Motion to extend the time to file and or serve the application for leave to appeal, (2 copies)(THIS MOTION WILL BE INCLUDED IN THE APPLICATION FOR LEAVE TO APPEAL TO BE FILED AT A LATER DATE), with service Gilles Lefebvre

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

Main parties - Appellants
Name Role Status
Lefebvre, Gilles Applicant Active

v.

Main parties - Respondents
Name Role Status
Hoj Industries Ltd. Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Machtinger, Marek Applicant Active

v.

Sub parties (1) - Respondents
Name Role Status
Hoj Industries Ltd. Respondent Active

Counsel

Party: Lefebvre, Gilles

Counsel
Howard A. Levitt
Howard Levitt & Associates
1500 - 401 BAY ST
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 594-3900
FAX: (416) 594-2323
Agent
Dougald E. Brown
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca

Party: Machtinger, Marek

Counsel
Howard A. Levitt
Howard Levitt & Associates
1500 - 401 BAY ST
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 594-3900
FAX: (416) 594-2323
Agent
Dougald E. Brown
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca

Party: Hoj Industries Ltd.

Counsel
John R. Sproat
John J. Chapman
Miller Thomson
2500 - 20 Queen St West
Box 27
Toronto, Ontario
M5H 3S1
Telephone: (416) 595-8500
FAX: (416) 595-8695
Email: jsproat@millerthomson.ca
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Summary

Keywords

None.

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.

None.

Lower court rulings

April 9, 1987
Supreme Court of Ontario

5340/84

Ruling that reasonable notice to be considered in determining amount of damages

November 23, 1988
Court of Appeal for Ontario

261/87 & 260/87

Appeals allowed (See file)

Memorandums of argument on application for leave to appeal

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 filing 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

Factums on appeal

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

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Webcasts

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Date modified: 2025-05-13