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Case information

Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.


27321

Ellis-Don Construction Ltd., et al. v. Naylor Group Incorporated, 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)
2001-11-29 Appeal closed
2001-11-29 Formal judgment sent to the registrar of the court of appeal and all parties
2001-11-01 Record returned to the Registrar of the Court of Appeal
2001-10-02 Copy of formal judgment being prepared
2001-09-28 Notice of deposit of judgment sent to all parties
2001-09-27 Judgment on the cross-appeal rendered, CJ Ia Ma Ba Bi Arb LeB
Allowed, with costs
2001-09-27 Judgment on the appeal rendered, CJ Ia Ma Ba Bi Arb LeB, The appeal is dismissed with costs to the respondent. The cross-appeal is allowed with costs. Judgment will be entered for the respondent in the sum of $365,143 plus pre-judgment interest and costs.
Dismissed, with costs
2001-02-01 Transcript received, and distributed to the justices (70 pages)
2001-01-22 Judgment reserved OR rendered with reasons to follow
2001-01-22 Hearing of the appeal, 2001-01-22, (V007), CJ Ia Ma Ba Bi Arb LeB
Judgment reserved
2001-01-22 Acknowledgement and consent for video taping of proceedings
2001-01-19 Appellant's condensed book Ellis-Don Construction Ltd.
2000-12-01 Appeal hearing scheduled, 2001-01-22
Judgment reserved
2000-11-30 Order on motion to extend time
2000-11-30 Decision on motion to extend time, DeRg, to serve the respondent's factum on appeal and cross-appeal and book of authorities to Nov. 15, 2000, nunc pro tunc. and file said material to Nov. 16, 2000, nunc pro tunc..
Granted, no order as to costs
2000-11-30 Submission of motion to extend time, DeRg
2000-11-29 Notice of hearing Ellis-Don Construction Ltd.
2000-11-29 Respondent's book of authorities - cross appeal, (new covers requested - replaced Dec. 1/00), Completed on: 2000-11-29 Ellis-Don Construction Ltd.
2000-11-29 Respondent's factum - cross appeal, (new covers requested - style of cause / replaced Dec. 1/00), Completed on: 2000-12-01 Ellis-Don Construction Ltd.
2000-11-28 Response to motion to extend time, (Letter Form), from D.M. Attwater dated Nov. 28/00, Completed on: 2000-11-28 Ellis-Don Construction Ltd.
2000-11-27 Motion to extend time, to serve and file the Respondent's Factum joint with Factum on Cross-Appeal and Authorities to Nov. 15/00, Completed on: 2000-11-27 Naylor Group Incorporated
2000-11-16 Respondent's book of authorities, Completed on: 2000-11-16 Naylor Group Incorporated
2000-11-16 Appellant's factum - cross appeal, (joint with Respondent's Factum), Completed on: 2000-11-16 Naylor Group Incorporated
2000-11-16 Respondent's factum, (joint with Factum on Cross-Appeal) (extension of time requested), Completed on: 2000-11-29 Naylor Group Incorporated
2000-11-09 Appeal perfected for hearing, Session beginning on 2001-01-15
2000-09-14 Appellant's book of authorities, Completed on: 2000-09-14 Ellis-Don Construction Ltd.
2000-09-14 Appellant's factum, Completed on: 2000-09-14 Ellis-Don Construction Ltd.
2000-08-18 Appellant's record, Vol. I to VIII, Completed on: 2000-08-18 Ellis-Don Construction Ltd.
2000-05-31 Appeal court record, (1 box)
2000-05-23 Letter acknowledging receipt of notice of appeal
2000-05-18 Notice of cross appeal, Completed on: 2000-05-18 Naylor Group Incorporated
2000-05-17 Notice of deposit for security Ellis-Don Construction Ltd.
2000-05-15 Notice of appeal, Completed on: 2000-05-15 Ellis-Don Construction Ltd.
2000-04-25 Notice of deposit of judgment issued to all parties
2000-04-20 Judgment of the Court on the application for leave to cross-appeal, CJ Ia Ma
Granted, no order as to costs
2000-04-20 Judgment of the Court on the application for leave to appeal, The application for leave to appeal and the application for leave to cross-appeal are granted.
Granted, no order as to costs
2000-02-28 All material on the application for leave to cross-appeal submitted to the Judges, CJ Ia Ma
2000-02-28 All materials on application for leave submitted to the Judges, CJ Ia Ma
1999-08-23 Applicant's reply to respondent's argument, (response to the Conditional Cross-Appeal included in book), Completed on: 1999-08-23 Ellis-Don Construction Ltd.
1999-06-28 Respondent's response on the application for leave to appeal, conditional cross-application for leave to appeal if leave granted, Completed on: 1999-06-29 Naylor Group Incorporated
1999-06-08 Letter acknowledging receipt of a complete application for leave to appeal
1999-05-28 Application for leave to appeal, Completed on: 1999-05-28 Ellis-Don Construction Ltd.

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
Ellis-Don Construction Ltd. Appellant Active

v.

Main parties - Respondents
Name Role Status
Naylor Group Incorporated Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Naylor Group Incorporated Appellant on cross-appeal Active

v.

Sub parties (1) - Respondents
Name Role Status
Ellis-Don Construction Ltd. Respondent on cross-appeal Active

Counsel

Party: Ellis-Don Construction Ltd.

Counsel
Names
Earl A. Cherniak, Q.C.
Kirk F. Stevens
Sandra L. Coleman
Contact information
Lerners LLP
80 Dufferin Avenue
P.O. Box 2335
London, Ontario
N6A 4G4
Telephone: (519) 672-4510
FAX: (519) 672-2044
Agent
Name
David M. Attwater
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

Party: Naylor Group Incorporated

Counsel
Names
Alan A. Farrer
Leah K. Bowness
Contact information
Thomson, Rogers
3100 - 390 Bay Street
Toronto, Ontario
M5H 1W2
Telephone: (416) 868-3100
FAX: (416) 868-3134
Email: afarrer@thomsonrogers.com
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

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

December 19, 1996
Ontario Court of Justice (General Division)

C10558/92

see file

March 31, 1999
Court of Appeal for Ontario

C25751

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

Not available

Webcasts

Not available.

Date modified: 2025-05-13