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23116

Artell Developments Limited, et al. v. 677950 Ontario Limited, 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)
1997-09-12 Appeal closed
1993-07-20 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1993-07-20 Copy of formal judgment being prepared, Bresver, Grossman, Scheininger & Davis (Toronto, ON)
1993-07-20 Copy of formal judgment being prepared, Goldberg, Shinder, Gardner & Kronick (Ottawa, ON)
1993-07-20 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1993-07-20 Copy of formal judgment being prepared, Deputy Attorney General of Canada (Ottawa, ON)
1993-07-19 Correspondence (sent by the Court) to, sent to Court of Appeal of Ontario, enclosing their record
1993-06-04 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma
Dismissed, with costs
1993-06-04 Hearing of the appeal, 1993-06-04, CJ LaF L'HD So G Co McL Ia Ma
1993-06-02 Book of authorities, 10 copies, with service Attorney General of Canada
1993-05-25 Book of authorities, JOINT 10 copies of vol. I & II Artell Developments Limited
1993-05-19 Appeal court record
1993-05-19 Trial court record
1993-05-06 Decision on motion to extend time, to serve and file their factum to April 28 1993., Reg
Granted, no order as to costs
1993-05-06 Hearing of motion to extend time, 1993-05-06, to serve and file their factum to April 28 1993., Reg
1993-05-06 Submission of motion to extend time, 1993-05-06, to serve and file their factum to April 28 1993., Reg
1993-05-05 Response to motion to extend time, to file the Intervener's A.G. Canada's factum to April 28/93 Artell Developments Limited
1993-05-02 Supplemental document, 10 copies Artell Developments Limited
1993-04-30 Response to motion to extend time, to file the intervener's A.G. Canada's factum to April 28/93 677950 Ontario Limited
1993-04-28 Affidavit, to file the factum to Apr. 28/93; Robert J. Frater, with service Attorney General of Canada
1993-04-28 Motion to extend time, to file the factum to Apr. 28/93, with service Attorney General of Canada
1993-04-28 Intervener's factum, 24 copies, with service Attorney General of Canada
1993-04-23 Appeal hearing scheduled, 1993-06-04
1993-04-21 Order on motion to extend time, to serve and file the respondent's factum to April 8, 1993., with service
1993-04-21 Decision on motion to extend time, to serve and file the respondent's factum to April 8, 1993., Reg
Granted, no order as to costs
1993-04-21 Hearing of motion to extend time, 1993-04-21, to serve and file the respondent's factum to April 8, 1993., Reg
1993-04-21 Submission of motion to extend time, 1993-04-21, to serve and file the respondent's factum to April 8, 1993., Reg
1993-04-20 Response to motion to extend time, to file the respondent's factum Artell Developments Limited
1993-04-20 Affidavit, to file the respondent's factum to April 8, 1993 (Catherine Garbig), with service 677950 Ontario Limited
1993-04-20 Motion to extend time, to file the respondent's factum, with service 677950 Ontario Limited
1993-04-14 Notice of hearing, With service Artell Developments Limited
1993-04-08 Respondent's factum, 24 copies (extension of time requested), with service 677950 Ontario Limited
1993-03-09 Proof of service, of Case on Appeal
1993-03-09 Proof of service, of factum
1993-03-05 Notice of intervention respecting a constitutional question, With service Attorney General of Canada
1993-03-01 Appeal perfected for hearing, Session beginning on 1993-04-26
1993-02-24 Proof of service, 1 copy of factum, with service
1993-02-15 General proceeding, 24 copies (AMENDED FACTUM) Artell Developments Limited
1993-02-09 Order on motion to state a constitutional question, With service
1993-02-09 Notice of constitutional question(s), With service Artell Developments Limited
1993-02-05 Decision on the motion to state a constitutional question, For Constitutional Questions see file or Reg's red book @ p.101. Interventions by the AG's no later than Mar\08\93., CJ
Granted, no order as to costs
1993-02-05 Hearing of the motion to state a constitutional question, 1993-02-05, For Constitutional Questions see file or Reg's red book @ p.101. Interventions by the AG's no later than Mar\08\93., CJ
1993-02-05 Submission of motion to state a constitutional question, 1993-02-05, For Constitutional Questions see file or Reg's red book @ p.101. Interventions by the AG's no later than Mar\08\93., CJ
1993-02-04 General proceeding, (by fax) to note Respondent's motion record for Constitutional Questions to be heard Feb. 5, 1993 677950 Ontario Limited
1993-02-03 Certified casebook, vol. I to IV Artell Developments Limited
1993-02-01 Motion to extend time, to file a notice of motion for an order stating constitutional questions Artell Developments Limited
1993-02-01 Motion to state a constitutional question Artell Developments Limited
1993-01-21 Appellant's factum, 24 copies, with service Artell Developments Limited
1993-01-19 Case on appeal, 23 copies of vol. 1 to 4 Artell Developments Limited
1992-12-07 Correspondence (sent by the Court) to, (by fax) from Milton A. Davis: re: dates to file factum
1992-11-06 Notice of deposit of security, With service
1992-11-02 Order granting leave to appeal, With service
1992-10-30 $500 security deposit paid, direction #2244 Artell Developments Limited
1992-10-29 Correspondence (sent by the Court) to, (by fax) from Bresver, Grossman; re: to have this matter brought back before Madame Justice McLaughlin
1992-10-29 Notice of appeal, With service Artell Developments Limited
1992-10-16 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1992-10-16 Notice of deposit of judgment issued to all parties, Bresver, Grossman, Scheininger & Davis (Toronto, ON)
1992-10-15 Judgment of the Court on the application for leave to appeal, CJ McL Ia, The application for leave to appeal is granted, costs in the cause.
Granted, with costs in the cause
1992-10-15 Hearing of the application for leave to appeal, 1992-10-15, CJ McL Ia
1992-10-15 All materials on application for leave submitted to the Judges, 1992-10-15, CJ McL Ia
1992-10-02 Order on miscellaneous motion, accepting the application for leave to appeal in its present form., with service
1992-09-28 General proceeding, To Note - memorandum from Claude Alain Re: referenced application is submitted as urgent due to the September 2, 1992 order of McLachlin J., who adjourned the Applicant's application for a stay of the judgment of the Court of Appeal for Ontario dated July
1992-09-28 All materials on application for leave submitted to the Judges, CJ McL I
1992-09-28 Application for leave to appeal, as per B. Kincaid, Completed on: 1992-09-28
1992-09-21 Respondent's response on the application for leave to appeal, 5 copies, with service 677950 Ontario Limited
1992-09-21 Decision on the miscellaneous motion, accepting the application for leave to appeal in its present form,, Reg
Granted, no order as to costs
1992-09-21 Hearing of miscellaneous motion, 1992-09-21, accepting the application for leave to appeal in its present form,, Reg
1992-09-21 Submission of miscellaneous motion, 1992-09-21, accepting the application for leave to appeal in its present form,, Reg
1992-09-18 Response to miscellaneous motion, for an order accepting the application for leave to appeal in its present form (letterform) 677950 Ontario Limited
1992-09-18 Affidavit, for an Order accepting the application for leave to appeal in its present form; Richard P. Stephenson Artell Developments Limited
1992-09-18 Notice of miscellaneous motion, for an order accepting the application for leave to appeal in its present form Artell Developments Limited
1992-09-14 Application for leave to appeal, 5 copies (missing formal order of C.A.)(printed on right hand side), with service, Incomplete Artell Developments Limited
1992-09-02 Decision on the motion for a stay of execution, " It is hereby ordered that the application for leave to appeal in the above proceedings be served and filed no later than September 15, 1992 at 4:00 p.m. and that the response be filed no later than September 25, 1992 at 4:00 p.m." " It is further ordered that the present application pursuant to s.65.1 of the Supreme Court Act for an Order staying the judgment of the Court of appeal for Ontario dated July 23, 1992 until this appeal has been finally determined by the Court, be adjourned until a ruling is made by the Court on the application for leave to appeal. In the event that the leave to appeal is granted and there is no agreement between the parties, the applicant may bring the application for stay for hearing before a judge of this Court.
Traversed, no order as to costs
1992-09-02 Hearing of motion for a stay of execution, 1992-09-02
Adjourned
1992-09-02 Submission of motion for a stay of execution, 1992-09-02
Adjourned
1992-09-01 Appellant's argument on the motion for a stay of execution, 2 copies, with service
1992-08-31 Other documents on motion for a stay of execution, Respondent's Memorandum (2 copies), with service
1992-08-28 Other documents on motion for a stay of execution, 2 copies of Motion Record (bookform), with service
1992-08-24 Motion for a stay of execution, RETURNABLE 1992/09/02 (book form) Artell Developments Limited
1992-08-07 $30.00 filing fee, receipt #25801 Artell Developments Limited
1992-08-07 Notice of application for leave to appeal, With service Artell Developments Limited

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
Artell Developments Limited Applicant Active

v.

Main parties - Respondents
Name Role Status
677950 Ontario Limited Respondent Active
Horvat, Paul Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Artell Developments Limited Applicant Active

v.

Sub parties (1) - Respondents
Name Role Status
677950 Ontario Limited Respondent Active
Horvat, Paul Respondent Active
Wone Tone Financial Services Inc. Respondent Active
Gunther Holdings Ltd. Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active

Counsel

Party: Artell Developments Limited

Counsel
Name
Ian G. Scott, Q.C.
Contact information
Gowling, Strathy & Henderson
4900 Commerce Court W.
P.O. Box 438, Stn Commerce Court
Toronto, Ontario
M5L 1J3
Telephone: (416) 862-7525
FAX: (416) 862-7661
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: 677950 Ontario Limited

Counsel
Name
Milton A. Davis
Contact information
Bresver, Grossman, Scheininger & Davis
2800 - 390 BAY ST
TORONTO, Ontario
M5H 2Y2
Telephone: (416) 869-0366
Agent
Name
Steven Mallek
Contact information
Goldberg, Shinder, Gardner & Kronick
280 Slater St
18th Fl
Ottawa, Ontario
K1P 1C2
Telephone: (613) 237-4922
FAX: (613) 237-2920

Party: Horvat, Paul

Counsel
Name
Milton A. Davis
Contact information
Bresver, Grossman, Scheininger & Davis
2800 - 390 BAY ST
TORONTO, Ontario
M5H 2Y2
Telephone: (416) 869-0366
Agent
Name
Steven Mallek
Contact information
Goldberg, Shinder, Gardner & Kronick
280 Slater St
18th Fl
Ottawa, Ontario
K1P 1C2
Telephone: (613) 237-4922
FAX: (613) 237-2920

Party: Wone Tone Financial Services Inc.

This party is not represented by counsel.

Party: Gunther Holdings Ltd.

This party is not represented by counsel.

Party: Attorney General of Canada

Counsel
Name
Robert J. Frater
Contact information
Attorney General of Canada
Department of Justice
284 Wellington Street, 2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca

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

August 9, 1989
Supreme Court of Ontario

15565/86

action allowed; judgment in favour of the appellant in the of $1,300,000

July 23, 1992
Court of Appeal for Ontario

574/89

Appeal allowed

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

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

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

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Webcasts

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Date modified: 2025-05-13