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.
31300
Corporation of the City of London v. RSJ Holdings Inc.
(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) |
|---|---|---|
| 2007-09-12 | Record returned to the Registrar of the Court of Appeal | |
| 2007-07-03 | Appeal closed | |
| 2007-06-22 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-06-22 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2007-06-21 |
Judgment on the appeal rendered, Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal for Ontario, Number C43109, dated November 28, 2005, heard on November 15, 2006, is dismissed with costs. Dismissed, with costs |
|
| 2006-11-24 | Transcript received, (71 pages) | |
| 2006-11-15 | Judgment reserved OR rendered with reasons to follow | |
| 2006-11-15 | Respondent's condensed book, Submitted in Court (14 copies) | RSJ Holdings Inc. |
| 2006-11-15 | Supplemental document, (Letter Form), Municipal Act, Chapter M.45 - Submitted in Court (10 copies), Completed on: 2006-11-15 | Corporation of the City of London |
| 2006-11-15 | Appellant's condensed book, Submitted in Court (15 copies) | Corporation of the City of London |
| 2006-11-15 | Acknowledgement and consent for video taping of proceedings, From both parties | |
| 2006-11-15 |
Hearing of the appeal, 2006-11-15, Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2006-10-26 | Notice of appearance, Alan R. Patton and Analee J.M. Fernandez will be present at the hearing. | RSJ Holdings Inc. |
| 2006-10-23 | Notice of appearance, George Rust-D'Eye, Barnet Kussner and Kim Mullin will be present at the hearing. | Corporation of the City of London |
| 2006-10-18 | Order on motion to extend time | |
| 2006-10-18 |
Decision on motion to extend time, to serve and file the respondent's record, factum and book of authorities to Oct. 6/06 and to present oral argument at the hearing of the appeal, Ro Granted |
|
| 2006-10-18 | Submission of motion to extend time, Ro | |
| 2006-10-12 | Response to motion to extend time, (Letter Form), from M.-F. Major of Lang, Michener dated October 12, 2006, Completed on: 2006-10-12 | Corporation of the City of London |
| 2006-10-11 | Motion to extend time, to file the factum, record and authorities to October 6, 2006 (request for oral argument missing)(revised motion and order received October 17, 2006), Completed on: 2006-10-18 | RSJ Holdings Inc. |
| 2006-10-06 | Respondent's book of authorities, (extension of time rec'd on Oct. 11/06), Completed on: 2006-10-11 | RSJ Holdings Inc. |
| 2006-10-06 | Respondent's record, (extension of time rec'd Oct. 11/06), Completed on: 2006-10-11 | RSJ Holdings Inc. |
| 2006-10-06 | Respondent's factum, (extension of time rec'd Oct. 11/06), Completed on: 2006-10-11 | RSJ Holdings Inc. |
| 2006-10-03 | Appeal perfected for hearing | |
| 2006-08-23 | Notice of hearing sent to parties | |
| 2006-08-21 |
Appeal hearing scheduled, 2006-11-15, (previously Nov. 9/06 and Oct. 17/06) Judgment reserved |
|
| 2006-08-08 | Appellant's record, Completed on: 2006-08-08 | Corporation of the City of London |
| 2006-08-08 | Appellant's book of authorities, Completed on: 2006-08-08 | Corporation of the City of London |
| 2006-08-08 | Appellant's factum, Completed on: 2006-08-08 | Corporation of the City of London |
| 2006-07-31 | Correspondence received from, Analee J.M. Fernandez dated July 31, 2006. Re: Gowlings serving as agent | RSJ Holdings Inc. |
| 2006-06-28 | Appeal court record, (1 box) | |
| 2006-06-15 | Correspondence received from, K. Mullin of Weir Foulds dated June 15, 2006 and addressed to C.A. re: transfer of the file to SCC | Corporation of the City of London |
| 2006-05-29 | Notice of appeal, Completed on: 2006-05-29 | Corporation of the City of London |
| 2006-05-11 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2006-04-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-04-28 | Judgment on leave sent to the parties | |
| 2006-04-27 |
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 C43109, dated November 28, 2005, is granted without costs. Granted, without costs |
|
| 2006-03-28 | Correspondence received from, George H. Rust-D'Eye re: retraction of submission made on March 21/06 | Corporation of the City of London |
| 2006-03-21 | Correspondence received from, Alan R. Patton re: responding to applicant's submission of March 21/06. | RSJ Holdings Inc. |
| 2006-03-21 | Correspondence received from, George H. Rust-D'Eye re: letter with copies of decision from the Ontario Municipal board. (Do not submit to panel) | Corporation of the City of London |
| 2006-03-13 | All materials on application for leave submitted to the Judges, Bi De Abe | |
| 2006-03-06 | Applicant's reply to respondent's argument, Completed on: 2006-03-06 | Corporation of the City of London |
| 2006-02-27 | Court of Appeal casebooks and transcripts of evidence, (3 copies) | |
| 2006-02-27 | Respondent's response on the application for leave to appeal, Completed on: 2006-02-27 | RSJ Holdings Inc. |
| 2006-02-22 | Correspondence received from, Barnet H. Kussner (letter dated Feb. 21/06 with Order and Reasons from Court of Appeal) | Corporation of the City of London |
| 2006-01-31 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2006-01-27 | Application for leave to appeal, (CA Order - rec'd. Feb. 22/06) (CA Reasons - rec'd. Feb. 22/06), Completed on: 2006-02-22 | Corporation of the City of London |
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 |
|---|---|---|
| Corporation of the City of London | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| RSJ Holdings Inc. | Respondent | Active |
Counsel
Party: Corporation of the City of London
Counsel
Barnet H. Kussner
Kim Mullin
1600 - 2 First Canadian Place
PO Box 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 365-1110
FAX: (416) 365-1876
Email: grustdeye@weirfoulds.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: RSJ Holdings Inc.
Counsel
Analee J.M. Fernandez
1512 - 140 Fullarton Street
London, Ontario
N6A 5P2
Telephone: (519) 432-8282
FAX: (519) 432-7285
Email: apatton@pattoncormier.ca
Agent
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.
On January 19, 2004, the Appellant, the City of London, passed interim control by-law C.P. 1438-33 (the "By-law"), which effectively froze development along part of Richmond Street. The Respondent, RSJ Holding Inc. ("RSJ"), who intended to construct a fourplex in that area, made an application for an order quashing the By-law, primarily on the basis that it was voted on during a meeting that was closed to the public, contrary to the Municipal Act, 2001, S.O. 2001, c. 25. RSJ argued that by failing to comply with certain provisions of the Municipal Act, the By-law was illegal. The Respondent's application to quash the Appellant's by-law was dismissed. On appeal, the appeal was allowed and the by-law was quashed.
Lower court rulings
Ontario Superior Court of Justice
33277
Respondent's application to quash the Applicant's by-law No. C.P. 1438-33 dismissed
Court of Appeal for Ontario
C43109
Appeal allowed; Interim control by-law No. C.P. 1438-33 quashed
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