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.
29225
Jane Hamilton v. Open Window Bakery Limited
(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) |
|---|---|---|
| 2004-02-20 | Appeal closed | |
| 2004-02-19 |
Written reasons rendered after oral judgment, CJ Ma Ba Bi Arb LeB De, The Chief Justice – The appeal is allowed in part, only on the issue of costs. On the issue of costs, the Court would restore the trial judge's award of solicitor-client costs at trial. Each party will bear its own costs in the Court of Appeal and at this Court. Allowed in part |
|
| 2003-11-28 | Transcript received, (31 pages) | |
| 2003-11-17 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-11-13 |
Judgment on the appeal rendered, CJ Ma Ba Bi Arb LeB De, The Chief Justice – The appeal is allowed in part, only on the issue of costs. On the issue of costs, the Court would restore the trial judge's award of solicitor-client costs at trial. Each party will bear its own costs in the Court of Appeal and at this Court. Reasons to follow. Allowed in part |
|
| 2003-11-13 | Judgment reserved OR rendered with reasons to follow | |
| 2003-11-13 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2003-11-13 |
Hearing of the appeal, 2003-11-13, CJ Ma Ba Bi Arb LeB De Judgment rendered |
|
| 2003-11-13 | Appellant's condensed book, submited in court (12 copies) | Jane Hamilton |
| 2003-11-10 | Notice of appearance, Susan J. Heakes and Tiffany Little for the appellant | Jane Hamilton |
| 2003-11-04 | Correspondence received from, S. Heakes dated Nov. 3/03 re: including a copy of the revised factum and respondent's consent (23 copies requested on Nov. 10/03 - rec'd Nov. 12/03) (sent to the judges Nov. 12/03) | Jane Hamilton |
| 2003-10-30 | Notice of appearance, Mr. Paul Gemmink for the respondents | Open Window Bakery Limited |
| 2003-08-29 | Notice of hearing sent to parties | |
| 2003-08-28 |
Appeal hearing scheduled, 2003-11-13 Judgment rendered |
|
| 2003-08-21 | Respondent's book of authorities, Completed on: 2003-08-21 | Open Window Bakery Limited |
| 2003-08-21 | Respondent's record, Completed on: 2003-08-21 | Open Window Bakery Limited |
| 2003-08-21 | Respondent's factum, (part IV of the memorandum requested and rec'd Aug. 27/03 with page ii of the Table of Contents - sent by fax to parties), Completed on: 2003-08-27 | Open Window Bakery Limited |
| 2003-08-06 | Appeal perfected for hearing | |
| 2003-07-30 | Order on motion to extend time | |
| 2003-07-30 |
Decision on motion to extend time, Reg, to serve and file the respondents factum, book of authorities and any record to August 21, 2003. Granted |
|
| 2003-07-30 | Submission of motion to extend time, Reg | |
| 2003-07-29 | Response to motion to extend time, (fax copy)(original received on July 30, 2003), Completed on: 2003-07-29 | Jane Hamilton |
| 2003-07-21 | Motion to extend time, to file the Respondents' factum, book of authorities and any record to August 21, 2003, Completed on: 2003-07-21 | Open Window Bakery Limited |
| 2003-05-26 | Appellant's book of authorities, Vol. I & II, Completed on: 2003-05-26 | Jane Hamilton |
| 2003-05-26 | Appellant's record, Completed on: 2003-05-26 | Jane Hamilton |
| 2003-05-26 | Appellant's factum, (revised factum rec'd Nov. 4/03 (1 copy) - 23 copies rec'd and sent to the judges Nov. 12/03), Completed on: 2003-05-26 | Jane Hamilton |
| 2003-03-03 | Notice of appeal, Completed on: 2003-03-03 | Jane Hamilton |
| 2003-02-03 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-01-31 | Judgment on leave sent to the parties | |
| 2003-01-30 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C35731, dated March 27, 2002, is granted with costs to the Applicant in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2002-12-02 | All materials on application for leave submitted to the Judges, G Ma Arb | |
| 2002-07-04 | Correspondence received from, T. Gravina dated July 4, 2002 (by fax) RE: no A.C. Order and enclosing C.A. Endorsement | Open Window Bakery Limited |
| 2002-06-26 | Respondent's response on the application for leave to appeal, Completed on: 2002-07-31 | Open Window Bakery Limited |
| 2002-06-12 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2002-05-27 | Application for leave to appeal, (Court of Appeal order not yet issued - received Endorsement by fax on July 4, 2002), Completed on: 2002-07-04 | Jane Hamilton |
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 |
|---|---|---|
| Hamilton, Jane | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Open Window Bakery Limited | Respondent | Active |
Counsel
Party: Hamilton, Jane
Counsel
Tiffany Little
200 Bay Street, Suite 2600
South Tower, P.O. Box 185
Toronto, Ontario
M5J 2J4
Telephone: (416) 360-6336
FAX: (416) 360-8425
Email: sheakes@heenan.ca
Agent
55 Metcalfe Street, Suite 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-1668
FAX: (613) 236-9632
Email: pmantas@heenan.ca
Party: Open Window Bakery Limited
Counsel
BCE Place, Bay-Wellington Tower
181 Bay Street, Suite 2310, P.O. Box 792
North York, Ontario
M5J 2T3
Telephone: (416) 222-4478
FAX: (416) 229-7079
Email: pgemmink@gemmink.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.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
Ontario Superior Court of Justice
98-CV-156530CM
Action against Gail Agasi dismissed on consent; damages awarded for breach of contract; counterclaim dismissed
Ontario Superior Court of Justice
98-CV-156530CM
See file (Endorsement)
Court of Appeal for Ontario
C35731
Appeal allowed and damages reduced
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
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
Not available