Case information
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27851
Scottish & York Insurance Co. Ltd. v. Pearl Somersall, et al.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2002-08-09 | Appeal closed | |
| 2002-08-09 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2002-08-08 |
Judgment on the appeal rendered, (revised), CJ L'HD G Ia Ma Bi LeB, The appeal from the judgment of the Court of Appeal for Ontario, Number C30080, dated February 16, 2000, heard on January 21st, 2002, is dismissed with costs, Major and Binnie JJ. dissenting. Dismissed, with costs |
|
| 2002-05-21 | Correspondence received from, R. Bambers dated May 17, 2002 re: enclosing 1 copy of Appeal and Trial Books | Scottish & York Insurance Co. Ltd. |
| 2002-01-31 | Transcript received, (59 pages) | |
| 2002-01-21 | Judgment reserved OR rendered with reasons to follow | |
| 2002-01-21 |
Hearing of the appeal, 2002-01-21, (V006), CJ L'HD G Ia Ma Bi LeB Judgment reserved |
|
| 2002-01-21 | Acknowledgement and consent for video taping of proceedings | |
| 2002-01-18 | Order on motion to extend time | |
| 2002-01-18 |
Decision on motion to extend time, Reg, to serve and file the respondents' factum to Dec. 19, 2001, nunc pro tunc. Granted, no order as to costs |
|
| 2002-01-18 | Submission of motion to extend time, Reg | |
| 2002-01-18 | Notice of appearance | Scottish & York Insurance Co. Ltd. |
| 2002-01-17 | Appellant's book of authorities, (1 additional authority), Completed on: 2002-01-17 | Scottish & York Insurance Co. Ltd. |
| 2002-01-11 | Notice of appearance | Scottish & York Insurance Co. Ltd. |
| 2001-12-19 | Respondent's book of authorities, Completed on: 2002-01-02 | Pearl Somersall |
| 2001-12-19 | Respondent's factum, (further extension requested), Completed on: 2002-01-02 | Pearl Somersall |
| 2001-12-19 | Notice of change of counsel, from Smith, Lyons to Falconeri, Strype | Pearl Somersall |
| 2001-12-04 |
Appeal hearing scheduled, 2002-01-21 Judgment reserved |
|
| 2001-11-13 | General proceeding, (changes it agents from Gowling to Burke-Robertson) | Scottish & York Insurance Co. Ltd. |
| 2001-11-09 | Correspondence received from, G. Sirman ofo Smith, Lyons dated Nov. 8, 2001 (fax copy) re: will be able to file their materials on Nov. 30, 2001 | Pearl Somersall |
| 2001-10-03 | Correspondence received from, G. Sirman dated Oct. 1, 2001 (fax copy) re: new date for extension, October 15, 2001 instead of Jan. 31, 2002 | Pearl Somersall |
| 2001-09-28 | Motion to extend time, to file the respondents' material to Jan. 31, 2002 - book form (new date, Oct. 15, 2001 instead of Jan. 31, 2002, see letter received Oct. 3, 2001), Completed on: 2001-10-04 | Pearl Somersall |
| 2001-09-27 | Appeal perfected for hearing, Session beginning on 2002-01-14 | |
| 2001-08-02 | Appellant's record, Completed on: 2001-08-02 | Scottish & York Insurance Co. Ltd. |
| 2001-08-02 | Appellant's book of authorities, Completed on: 2001-08-02 | Scottish & York Insurance Co. Ltd. |
| 2001-08-02 | Appellant's factum, Completed on: 2001-08-02 | Scottish & York Insurance Co. Ltd. |
| 2001-04-17 | Letter acknowledging receipt of notice of appeal | |
| 2001-04-12 | Order granting leave to appeal | |
| 2001-04-06 | Notice of deposit for security, #2567 | Scottish & York Insurance Co. Ltd. |
| 2001-04-06 | Notice of appeal, Completed on: 2001-04-06 | Scottish & York Insurance Co. Ltd. |
| 2001-03-16 | Notice of deposit of judgment issued to all parties | |
| 2001-03-15 |
Judgment of the Court on the application for leave to appeal Granted, with costs to the applicant(s) in any event of the cause |
|
| 2001-02-12 | All materials on application for leave submitted to the Judges, L'HD Arb LeB | |
| 2001-01-18 | Correspondence received from, (by fax) R. V. Bambers; re: order submitted to CA for entry | Scottish & York Insurance Co. Ltd. |
| 2000-08-10 |
Decision on motion to extend time, G, The delay for serving and filing the respondent's response is further extended to July 17, 2000, said response having been filed on that day. Granted, no order as to costs |
|
| 2000-08-10 | Submission of motion to extend time, G | |
| 2000-07-31 | Applicant's reply to respondent's argument, Incomplete | Scottish & York Insurance Co. Ltd. |
| 2000-07-17 | Book of authorities, Completed on: 2000-07-17 | Pearl Somersall |
| 2000-07-17 | Respondent's response on the application for leave to appeal, Completed on: 2000-07-17 | Pearl Somersall |
| 2000-06-28 | Motion to extend time, to file the response to July 17, 2000 - 1 copy, book form (revised affidavit received on July 7, 2000), Completed on: 2000-06-28 | Pearl Somersall |
| 2000-06-26 | Correspondence received from, G. Sirman to Smith, Lyons dated June 23, 2000 (fax copy) re: Justice Major's order (30-day period)(extension of time requested, as per M.L.) | Pearl Somersall |
| 2000-05-26 | Order on miscellaneous motion, (by the Court) | |
| 2000-05-26 |
Decision on the miscellaneous motion, Ma, The motion on behalf of the respondents for leave to cross-examine Randall Bundus on his affidavit in support of the application for leave to appeal is denied, without prejudice to the respondents' right to file an affidavit in reply. The motion for an order granting an additional 30 days in which the respondents may file their response to the leave application is granted. Allowed in part, no order as to costs |
|
| 2000-05-25 | Submission of miscellaneous motion, Ma | |
| 2000-05-10 | Response to miscellaneous motion, (Letter Form), from B. Brock dated May 9, 2000 (fax copy), Completed on: 2000-05-10 | Scottish & York Insurance Co. Ltd. |
| 2000-05-04 | Notice of miscellaneous motion, (to cross-examine Mr. Randall Bundus's affidavit in support of leave application) - book form, Completed on: 2000-05-04 | Pearl Somersall |
| 2000-04-17 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2000-04-14 | Book of authorities, Completed on: 2000-04-20 | Scottish & York Insurance Co. Ltd. |
| 2000-04-11 | Application for leave to appeal, (A/C Order missing)(C.A. received on Jan. 25, 2001, approved as to form and content, but not signed yet) (signed C/A Order filed Feb. 6/01), Completed on: 2001-02-06 | Scottish & York Insurance Co. 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
| Name | Role | Status |
|---|---|---|
| Scottish & York Insurance Co. Ltd. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Pearl Somersall | Respondent | Active |
| Gwendolyn Somersall and Janice Somersall | Respondent | Active |
Counsel
Party: Scottish & York Insurance Co. Ltd.
Counsel
Rita Bambers
1700 - 438 University Avenue
Toronto, Ontario
M5G 2L9
Telephone: (416) 593-4411
FAX: (416) 593-5922
Email: bbrock@duttonbrock.com
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Pearl Somersall
Counsel
130 King Street West, Suite 2500
P. O. Box 433
Toronto, Ontario
M5X 1E3
Telephone: (416) 214-2400
FAX: (416) 214-9994
Agent
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
Party: Gwendolyn Somersall and Janice Somersall
Counsel
130 King Street West, Suite 2500
P. O. Box 433
Toronto, Ontario
M5X 1E3
Telephone: (416) 214-2400
FAX: (416) 214-9994
Agent
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
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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.
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Lower court rulings
Ontario Superior Court of Justice
12862/91U
Respondents' action to recover damages from the underinsured motorist Jerry Friedman dismissed.
Court of Appeal for Ontario
C30080
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
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Related links
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
Related links
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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