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27820

Sagaz Industries Canada Inc., et al. v. 671122 Ontario Limited formerly Design Dynamics Limited

(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)
2001-12-24 Appeal closed
2001-12-21 Formal judgment sent to the registrar of the court of appeal and all parties
2001-12-12 Record returned to the Registrar of the Court of Appeal
2001-12-11 Copy of formal judgment being prepared, on re-hearing
2001-12-10 Notice of deposit of judgment on motion for a re-hearing of the appeal
2001-11-28 Appeal closed
2001-11-28 Decision on the motion for a re-hearing of the appeal, CJ Ia Ma Ba Bi Arb LeB
Dismissed, with costs
2001-11-28 Formal judgment sent to the registrar of the court of appeal and all parties
2001-11-19 All material on motion for a re-hearing of the appeal submitted to Justices, CJ Ia Ma Ba Bi Arb LeB
2001-11-16 Reply to the response to the motion for a re-hearing of the appeal, Completed on: 2001-11-19 Sagaz Industries Canada Inc.
2001-10-30 Response to the motion for a re-hearing of the appeal, 11 copies, Completed on: 2001-10-30 Sagaz Industries Canada Inc.
2001-10-23 Motion for a re-hearing of the appeal, Completed on: 2001-10-24 671122 Ontario Limited formerly Design Dynamics Limited
2001-10-15 Correspondence received from, Gowlings re: does not intend any further submissions on the issue of costs. 671122 Ontario Limited formerly Design Dynamics Limited
2001-10-11 Correspondence received from, (fax) John Laskin re: reply to Mr. Teplitsky's letter of Oct. 3, 2001. Sagaz Industries Canada Inc.
2001-10-03 Correspondence received from, (by fax) from M. Teplitsky; re: Court's decision with respect to costs was not in error 671122 Ontario Limited formerly Design Dynamics Limited
2001-10-03 Copy of formal judgment being prepared
2001-10-01 Correspondence received from, John B. Laskin (by fax) dated Oct. 1/01 re: possible error in paragraph 66 of the judgment Sagaz Industries Canada Inc.
2001-10-01 Notice of deposit of judgment sent to all parties
2001-09-28 Judgment on the appeal rendered, CJ Ia Ma Ba Bi Arb LeB, The appeal is allowed with costs to the appellants in this Court and in the Court of Appeal. The order of the Court of Appeal is set aside. The order of Cumming J., dated December 23, 1998 is restored. (REVISED OCT. 24/01)
Allowed, with costs
2001-07-05 Transcript received, and distributed to the justices (67 pages)
2001-06-19 Judgment reserved OR rendered with reasons to follow
2001-06-19 Hearing of the appeal, 2001-06-19, (V067), CJ Ia Ma Ba Bi Arb LeB
Judgment reserved
2001-06-19 Acknowledgement and consent for video taping of proceedings
2001-06-19 Appellant's condensed book, given in Court Sagaz Industries Canada Inc.
2001-06-12 Notice of appearance Sagaz Industries Canada Inc.
2001-06-07 Appellant's book of authorities, re: reply under rule 29 (3), Completed on: 2001-06-07 Sagaz Industries Canada Inc.
2001-06-07 Reply factum on appeal, pursuant rule 29 (3), Completed on: 2001-06-07 Sagaz Industries Canada Inc.
2001-05-30 Supplemental document, Errata in Respondent's Factum (sent to the Court on June 5/01) 671122 Ontario Limited formerly Design Dynamics Limited
2001-05-24 Respondent's factum, Completed on: 2001-05-24 671122 Ontario Limited formerly Design Dynamics Limited
2001-05-22 Respondent's record, Completed on: 2001-05-22 671122 Ontario Limited formerly Design Dynamics Limited
2001-05-22 Respondent's book of authorities, Completed on: 2001-05-22 671122 Ontario Limited formerly Design Dynamics Limited
2001-04-27 Appellant's book of authorities, Vol. I & II, Completed on: 2001-04-27 Sagaz Industries Canada Inc.
2001-04-27 Appellant's record, Vol. I to III, Completed on: 2001-04-27 Sagaz Industries Canada Inc.
2001-04-27 Appellant's factum, (see decision dated Feb. 23/01), Completed on: 2001-04-27 Sagaz Industries Canada Inc.
2001-03-27 Notice of hearing, Session beginning on 2001-04-17 Sagaz Industries Canada Inc.
2001-03-16 Appeal hearing scheduled, 2001-06-19
Judgment reserved
2001-02-23 Appeal perfected for hearing, Session beginning on 2001-04-17
2001-02-23 Order on motion to expedite the appeal, (by the Court)
2001-02-23 Decision on motion to expedite the appeal, CJ, (1) The application for an order expediting the hearing of this appeal is granted; (2) The appellants' record, factum and book of authorities shall be filed on or before April 27, 2001; (3) The respondent's record, factum and book of authorities shall be filed on or before May 25, 2001; (4) The hearing of this appeal be scheduled for the week of June 11 or June 18, 2001.
Allowed in part, no order as to costs
2001-02-23 Submission of motion to expedite the appeal, CJ
2001-01-22 Appeal court record, 1 box (joint with Trial record)
2001-01-18 Response to motion to expedite the appeal, book form, Completed on: 2001-01-18 Sagaz Industries Canada Inc.
2001-01-11 Letter acknowledging receipt of notice of appeal
2001-01-11 Letter acknowledging receipt of notice of appeal
2001-01-10 Motion to expedite the appeal, (joint with misc. motion), Completed on: 2001-01-10 Sagaz Industries Canada Inc.
2001-01-10 Order granting leave to appeal
2001-01-09 Notice of deposit for security Sagaz Industries Canada Inc.
2001-01-08 Notice of appeal, Completed on: 2001-01-15 Sagaz Industries Canada Inc.
2000-12-08 Notice of deposit of judgment issued to all parties
2000-12-07 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted with costs to the applicants in any event of the cause.
Granted, with costs to the applicant(s) in any event of the cause
2000-10-30 All materials on application for leave submitted to the Judges, G Bi Arb
2000-05-23 Applicant's reply to respondent's argument, (see Order dated May 15/00), Completed on: 2000-05-23 Sagaz Industries Canada Inc.
2000-05-15 Order on motion to extend time
2000-05-15 Decision on motion to extend time, Reg, to serve & file the applicant's reply to May 23, 2000.
Granted, no order as to costs
2000-05-15 Submission of motion to extend time, Reg
2000-05-12 Response to motion to extend time, from Teplitsky, Colson dated May 12/00 (included Tab 3 of motion book), Completed on: 2000-05-12 671122 Ontario Limited formerly Design Dynamics Limited
2000-05-12 Motion to extend time, to serve and file the Reply to May 23/00 (book form), Completed on: 2000-05-12 Sagaz Industries Canada Inc.
2000-05-10 Book of authorities, Completed on: 2000-05-10 671122 Ontario Limited formerly Design Dynamics Limited
2000-05-08 Respondent's response on the application for leave to appeal, (see order), Completed on: 2000-10-31 671122 Ontario Limited formerly Design Dynamics Limited
2000-04-19 Order on motion to extend time
2000-04-19 Decision on motion to extend time, DeRg, to serve & file the respondent's response to May 8, 2000.
Granted, no order as to costs
2000-04-19 Submission of motion to extend time, DeRg
2000-04-18 Response to motion to extend time, (Letter Form), from J. Laskin dated April 17, 2000 (fax copy) re: does not oppose to the motion to extend the time, Completed on: 2000-04-18 Sagaz Industries Canada Inc.
2000-04-14 Motion to extend time, to file the response to May 8, 2000 (1 copy), Incomplete 671122 Ontario Limited formerly Design Dynamics Limited
2000-04-06 Letter acknowledging receipt of a complete application for leave to appeal
2000-03-27 Application for leave to appeal, (vol. 1 to 3), Completed on: 2000-03-27 Sagaz Industries Canada Inc.

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
Sagaz Industries Canada Inc. Appellant Active
Sagaz Industries Inc. and Joseph Kavana Appellant Active

v.

Main parties - Respondents
Name Role Status
671122 Ontario Limited formerly Design Dynamics Limited Respondent Active

Counsel

Party: Sagaz Industries Canada Inc.

Counsel
H. Lorne Morphy
John B. Laskin
M. Paul Michell
Torys
Suite 3000, Maritime Life Tower
TD Centre, Box 270, Stn. Toronto Dom.
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-0040
FAX: (416) 865-7380
Agent
Barbara Sinclair
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: bsinclair@langmichener.ca

Party: Sagaz Industries Inc. and Joseph Kavana

Counsel
H. Lorne Morphy
John B. Laskin
M. Paul Michell
Torys
Suite 3000, Maritime Life Tower
TD Centre, Box 270, Stn. Toronto Dom.
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-0040
FAX: (416) 865-7380
Agent
Barbara Sinclair
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: bsinclair@langmichener.ca

Party: 671122 Ontario Limited formerly Design Dynamics Limited

Counsel
Martin Teplitsky, Q.C.
James M. Wortzman
Teplitsky, Colson
200 - 70 Bond St
Toronto, Ontario
M5B 1X3
Telephone: (416) 865-5300
FAX: (416) 365-7702
Email: mteplitsky@teplitskycolson.com
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.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

May 28, 1998
Ontario Superior Court of Justice

34883/89

See file

January 25, 2000
Court of Appeal for Ontario

C30047

Appeal and Cross-Appeal allowed

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

Not available

Webcasts

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Date modified: 2025-05-13