VENNGO INC. v. CONCIERGE CONNECTION INC. ET AL
Summary of T-467-11
The following information was obtained from the Federal Court or Federal Court of Appeal websites but is NOT the official version. See links below for the court websites.
Federal Court Type: Trade Mark Infringement
Parties and Lawyers:| Party | Firm | Lawyer |
|---|---|---|
| CONCIERGE CONNECTION INC | ||
| JOYNT, RICHARD THOMAS | ||
| MARLOWE, MORGAN C | ||
| PERKOPOLIS (COB) | ||
| VENNGO INC | Sim Lowman Ashton & McKay LPP | MCKAY, KEN |
| Name | Number |
|---|---|
| MEMBERPERKS | 791745 |
| CLIENTPERKS | 768980 |
| ADPERKS | 739162 |
| CUSTOMERPERKS | 769237 |
| PARTNERPERKS | 747313 |
| WORKPERKS | 747589 |
| PERKOPOLIS | 792711 |
Decisions
| Name | Date | Paragraph |
| Venngo Inc. v. Concierge Connection Inc. et al. 2015 FC 1338 | Dec 3, 2015 | The Plaintiff, Venngo, claims that Concierge Connection Inc. and its directors, Ms. Morgan Marlowe and Mr. Richard Joynt have infringed its rights in a family of registered Canadian trademarks ending in “PERKS” by using the registered trademark “PERKOPOLIS” pursuant to sections 19 and 20 of the Trade-marks Act. Venngo further alleges that the Defendants have made false and misleading statements discrediting Venngo’s business, committed the tort of passing off and depreciated their goodwill, contrary to subsections 7(a), 7(b), 7(c) and 22 of the Act. The action was dismissed. Several claims were abandoned at the hearing. The court found no evidence for s.7(a), there was no' use' of a registered trademark for s.22, no evidence of damage and no likelihood of deception through misrepresentation for s.7(b). Weighing the factors, the court found no confusion between the parties' marks. (Thanks to David Reive for a copy of the decision) |
Appeals
The following appeals were taken from decision on this proceeding: [List of appeals is based on automated analysis and should not be relied upon.]
- A-125-13 is an appeal from a decision dated 2013-03-25
- A-134-15 is an appeal from a decision dated 2015-03-02
- A-5-16 is an appeal from 2015 FC 1338
- A-33-16 is an appeal from 2015 FC 1338
Docket Summary (Google Translate to English)
(139) 2019-01-29 - OttawaCertified French language Translation of Judgment rendered on 02-MAR-2015 by The Honourable Mr. Justice Diner filed on 29-JAN-2019 pursuant to s. 20 of the Official Languages Act. entered in J. & O. Book, volume 1398 page(s) 132 - 147
Affidavit of service of Yvette Bellerose sworn on 30-MAY-2017 on behalf of Plaintiff confirming service of Doc. 137 upon Defendants and former laywers for the Plaintiff by telecopier on 29-MAY-2017 with Exhibits A filed on 30-MAY-2017
Notice of change of solicitor on behalf of Plaintiff filed on 30-MAY-2017
Acknowledgment of Receipt received from James S.S. Holtom, to be new counsel for Plaintiff, by CAS-E-mail on with respect to 26-MAY-2017, with respect to the Order doc. 136 of Manson, J., dated 18-MAY-2017. Awaiting Notice of Change of Solicitor with proof of service. placed on file on 26-MAY-2017
Memorandum to file from Cynthia Leaver, Registry Assistant, Federal Court Registry, Actions (Ottawa) dated 26-MAY-2017 At approximately 11:30 a.m. on 26-MAY-2017, Mr. James Holtom, Lenczner Slaght Royce Smith Griffin LLP (TOR) called to request a copy of the Order doc. 136 of Manson, J. dated 18-MAY-2017. Mr. Holtom said that they are now counsel of record, and they filed a Notice of Change of Solicitor in the Federal Court of Appeal file. Ms. Leaver explained that they must also file a Notice of Change of Solicitor in the Trial file, along with proof of service on the former counsel for Plaintiff and the Defendants' counsel. A certified copy was sent to Mr. Holtom by CAS E-mail on 26-MAY-2017 (noon). Mr. Holtom's can be contacted by Tel: (416) 865-2946, Fax: (416) 865-2879 and E-mail: jholtom@litigate.com. placed on file.
MEMORANDUM TO CASE MANAGEMENT JUDGE, Milczynski, P., from Cynthia Leaver, enclosing a certified copy of Order doc. 136 of Manson, J. dated 18-MAY-2017 Sent by internal mail on 18-MAY-2017. placed on file on 18-MAY-2017
Acknowledgment of Receipt received from 2 counsel for the parties by fax on 18-MAY-2017 with respect to Order doc. 136 of Manson, J., dated 18-MAY-2017. placed on file on 18-MAY-2017
Order dated 18-MAY-2017 rendered by The Honourable Mr. Justice Manson Matter considered without personal appearance The Court's decision is with regard to Order dated 03-DEC-2015 Result: "THIS COURT ORDERS that: 1. The Plaintiff shall pay the costs of $192,000.00 to the Defendants within 30 days of the date of this Order; 2. If the Parties cannot agree on costs for the appeal, the issue will be referred to an assessment officer for determination." Filed on 18-MAY-2017 certified copies sent to 2 counsel for the parties by fax on 18-MAY-2017 Transmittal Letters placed on file. entered in J. & O. Book, volume 1335 page(s) 162 - 165 Interlocutory Decision
MEMORANDUM to CASE MANAGEMENT JUDGE, Milczynski, P., from Cynthia Leaver, Ottawa Registry, enclosing a copy of the Judgments (2) and the Reasons for Judgment filed 8-MAY-2017 in Federal Court of Appeal files A-5-16 and A-33-16. Sent by internal mail on 10-MAY-2017. placed on file on 10-MAY-2017
Copy of Judgments (2) and Reasons for Judgment on Federal Court of Appeal files, dated 08-MAY-2017 rendered by The Honourable Mr. Justice Stratas The Honourable Madam Justice Gleason The Honourable Madam Justice Woods concerning filed in Federal Court of Appeal files A-5-16 and A-33-16. placed on file. Original filed on Court File No. A-5-16
Certified French language Translation of JUDGMENT AND REASONS rendered on 03-DEC-2015 by The Honourable Mr. Justice Manson filed on 23-AUG-2016 pursuant to s. 20 of the Official Languages Act. Certificate of Translation of JUDGMENT AND REASONS entered in J. & O. Book, volume 1310 page(s) 125 - 126 and copy placed on file.
Letter from Plaintiff dated 21-MAR-2016 requesting copies of Exhibits D1 and D9 for the Appeal Books in A-5-16 and A-33-16 received on 21-MAR-2016
Correction to General Sitting concerning Motion Doc. No. 130 Hearing removed from General Sitting at Toronto on 23-FEB-2016 Reason for correction: Abandonment of motion filed
Notice of abandonment of motion Motion Doc. No. 130 on behalf of Defendant filed on 23-FEB-2016
Motion Record containing the following original document(s): 130 131 132 Number of copies received: 3 on behalf of Defendant filed on 17-FEB-2016
Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 130 filed on 17-FEB-2016
Affidavit of Jordana Richmon sworn on 17-FEB-2016 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 130 with Exhibits "A"-"G" filed on 17-FEB-2016
Notice of Motion made ex parte contained within a Motion Record on behalf of Defendant returnable at General Sitting in Toronto on 23-FEB-2016 to begin at 09:30 duration: 30min language: E for an Order pursuant to Rule 449 of FCR, costs and other relief, (Mr. David Reive, 416-595-8655) filed on 17-FEB-2016
Memorandum to Case Management Judge, Milczynski, P., from Marc Medas, Registry Officer, Ottawa Registry, enclosing a copy of the Notice of Appeal filed on January 18, 2016 in Federal Court of Appeal file A-33-16 re: Appellant's appeal of the Judgment of Manson, J. dated 7-JAN-2016. Sent by internail mail. from Ottawa dated 29-JAN-2016 on January 29, 2016. placed on file.
Copy of Notice of Appeal (Appeal Court File No. A-33-16 ) appealing the Order dated January 7, 2016 of the Honourable Justice Manson filed in the Court of Appeal on 18-JAN-2016 on behalf of Appellant placed on file on 25-JAN-2016
MEMORANDUM to CASE MANAGEMENT JUDGE, Milczynski, P., from Cynthia Leaver, Ottawa Registry, enclosing a copy of the Notice of Appeal filed 4-JAN-2016 in Federal Court of Appeal file A-5-16 re: Plaintiff's appeal of the Judgment of Manson, J. dated 2-DEC-2015. Sent by internal mail on 15-JAN-2016. placed on file on 15-JAN-2016
Copy of Notice of Appeal (Appeal Court File No. A-5-16 ) appealing the Judgment of Manson, J. dated 2-2015 filed in the Court of Appeal on 04-JAN-2016 on behalf of Plaintiff placed on file on 15-JAN-2016
Acknowledgment of Receipt received from all parties with respect to to the Order of the Court rendered on January 7, 2016. (via fax) placed on file on 07-JAN-2016
Order dated 07-JAN-2016 rendered by The Honourable Mr. Justice Manson Matter considered without personal appearance The Court's decision is with regard to Order dated 03-DEC-2015 Result: The plaintiff shall pay costs of the proceeding in a lump sum amount of $231,000 to the Defendants no later than 30 days from the date of this Order. Filed on 07-JAN-2016 entered in J. & O. Book, volume 1289 page(s) 6 - 9 Interlocutory Decision
Communication to the Court from the Registry dated 30-DEC-2015 re: Costs submissions filed on behalf of the parties sent to presiding judge
Affidavit of service of Giovanna Araus sworn on 24-DEC-2015 on behalf of Plaintiff confirming service of Doc 127 upon Defendant by courier on 24-DEC-2015 filed on 24-DEC-2015
Plaintiff's responding costs submissions filed on 24-DEC-2015
Solicitor's certificate of service on behalf of Manav Singhla confirming service of Doc. 125 upon Plaintiff by personal service on 22-DEC-2015 filed on 22-DEC-2015
Written Costs Submissions on behalf of Defendant concerning the Order of Manson J. dated 3-DEC-2015 filed on 22-DEC-2015
Oral directions received from the Court: The Honourable Mr. Justice Manson dated 18-DEC-2015 directing that "The extension requested by the Defendants is granted until next Tuesday, 12 noon. The Plaintiff can respond by next Thursday, 4pm EST." (confirmed by voicemail and fax; see attached confirmation) placed on file on 18-DEC-2015 Confirmed in writing to the party(ies)
Affidavit of service of Giovanna Araus sworn on 18-DEC-2015 on behalf of Plaintiff confirming service of Doc 123 upon Defendants by same day courier on 18-DEC-2015 filed on 18-DEC-2015
Written Cost Submissions on behalf of Plaintiff concerning Court Order dated 03-Dec-2015 filed on 18-DEC-2015
Letter from Plaintiff dated 18-DEC-2015 explaining circumstances around the Defendant's extension of time request for filing cost submissions. received on 18-DEC-2015
Communication to the Court from the Registry dated 18-DEC-2015 re: Letter of 18-DEC-15 scanned to the Court on this date
Letter from Defendant dated 18-DEC-2015 Requesting an extion of time to 23-DEC-2015 to file submissions on costs. Plaintiff refused to consent to request. received on 18-DEC-2015
Letter sent by Registry on 03-DEC-2015 to Defendants' counsel as requested in their reply E-mail confirming receipt of Judgment and Reasons doc. 122, sending certified copy of same by regular mail on 3-DEC-2015. Copy placed on file.
Acknowledgment of Receipt received from Plaintiff's counsel by fax and Defendants' counsel by E-mail and a with respect to certified copy sent to Defendant's counsel by regular mail, on 3-DEC-2015, with respect to the Judgment and Reasons doc. # 122 of Manson, J. dated 3-DEC-2015. placed on file on 03-DEC-2015
MEMORANDUM TO CASE MANAGEMENT JUDGE, Milczynski, P., from Cynthia Leaver, Ottawa Registry, enclosing certified copy of the Judgment and Reasons (final decision) doc. # 122 of Manson, J., dated 3-DEC-2015. Sent by internal mail on 3-DEC-2015. placed on file on 03-DEC-2015
Reasons JUDGMENT AND REASONS dated 03-DEC-2015 rendered by The Honourable Mr. Justice Manson Matter considered with personal appearance The Court's decision is with regard to Trial of the matter Result: "THIS COURT'S JUDGMENT is that: 1. The Plaintiff's claim is dismissed, with costs to the Defendants. 2. The Defendants' counterclaim is dismissed, without costs; 3. As for the quantum of costs, if the parties cannot agree on the amount, they will be determined following receipt of written submissions, to be served and filed within fifteen (15) days of the date of this judgment." Filed on 03-DEC-2015 certified copies sent to Plaintiff's counsel by fax and Defendants' counsel by E-mail and a certified copy sent to Defendant's counsel by regular mail, on 3-DEC-2015. Transmittal Letters placed on file. Final Decision Certificate of JUDGMENT AND REASONS entered in J. & O. Book, volume 1285 page(s) 316 - 316
Transcript of hearing held at Toronto on 16-NOV-2015 received on 30-NOV-2015 71 pages (including covering pages).
Transcript of hearing held at Toronto on 12-NOV-2015 received on 18-NOV-2015 Sent directly to presiding Judge 8 pages (including covering pages).
Acknowledgment of Receipt received from parties, via e-mail with respect to Order of the Court dated 17-NOV-2015 placed on file on 17-NOV-2015
Transcript of hearing held at Toronto on 10-NOV-2015 received at hearing on 12-NOV-2015 Sent directly to presiding Judge 76 pages (including covering pages).
Toronto 09-NOV-2015 BEFORE The Honourable Mr. Justice Manson Language: E Before the Court: Trial in this action Result of Hearing: Matter reserved held in Court Senior Usher: Edith Brown 09-NOV-2015 Edith Brown 10-NOV-2015 Edith Brown 12-NOV-2015 Edith Brown 16-NOV-2015 Duration per day: 09-NOV-2015 from 09:25 to 16:42 Courtroom : Courtroom No. 4-C - Toronto Court Registrar: Paul Cuzzolino 10-NOV-2015 from 09:27 to 12:57 Courtroom : Courtroom No. 4-C - Toronto Court Registrar: Paul Cuzzolino 12-NOV-2015 from 09:24 to 09:31 Courtroom : Courtroom No. 4-C - Toronto Court Registrar: Paul Cuzzolino 16-NOV-2015 from 09:22 to 12:00 Courtroom : Courtroom No. 4-C - Toronto Court Registrar: Paul Cuzzolino Total Duration: 4d Appearances: Mr Kenneth McKay 416-849-8444 representing Plaintiff/Defendant by Counterclaim (Venngo Inc.) Mr Andrew Jones 416-849-8430 representing Plaintiff/Defendant by Counterclaim (Venngo Inc.) Mr David Reive 416-595-8655 representing Defendant/Plaintiff by Counterclaim (Concierge Connection Inc. et al) Mr Manav Singhla 416-595-7947 representing Defendant/Plaintiff by Counterclaim (Concierge Connection Inc. et al) Documents filed at hearing: 119 120 Exhibits filed at hearing: P1 - P21 D1 - D12 Witness(es) on behalf of Plaintiff Mr Brent Stucke 2132 Arbourview Drive, Oakville ON, L6M 3N9 on behalf of Plaintiff Ms Betty Keiffer 69-46 Cedarwood Cres, Kitchener ON, N2K 2L7 on behalf of Plaintiff Mr Kevin Hayashi 226 Malton Rd, Newmarket ON, L3Y 5X4 on behalf of Plaintiff Mr Douglas Garcia 51 Harris Cres, Woodbridge, ON L4L 1S1 on behalf of Plaintiff Mr Brad Moyer 664 Rayner Ct, Milton ON, L9T 0N7 on behalf of Plaintiff Ms Sally Benn 2009 Laurelcrest Place, Oakville ON, L6M 3T7 Court Reporter: Ms Lisa Lamberti 1-888-661-2727 09-NOV-2015 Ms Lisa Lamberti 1-888-661-2727 10-NOV-2015 Ms Lisa Lamberti 1-888-661-2727 12-NOV-2015 Ms Lisa Lamberti 1-888-661-2727 16-NOV-2015 Transcript requested Comments: DARS not used at the request of the Court Minutes of Hearing entered in Vol. 941 page(s) 138 - 147 Abstract of Hearing placed on file
Order dated 17-NOV-2015 rendered by The Honourable Mr. Justice Manson Matter considered with personal appearance The Court's decision is with regard to Directions of the Court dated 12-NOV-2015 Result: Bifurcation granted, on consent; Direction of J. Manson during the trial of this matter Filed on 17-NOV-2015 certified copies sent to parties entered in J. & O. Book, volume 1284 page(s) 9 - 14 Interlocutory Decision
Read-in: evidence-in-chief and cross-examination of Sharon Mitchell received at hearing on 11-NOV-2015
Supplementary Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 16-NOV-2015
Written closing submissions on behalf of Defendant concerning trial of this matter filed at hearing on 16-NOV-2015
Affidavit of service of Troy Ramjit sworn on 13-NOV-2015 on behalf of Plaintiff confirming service of 'Qualifying Answers to the Examination for Discovery of the Plaintiff' upon Defendant by personal service on 13-NOV-2015 filed on 13-NOV-2015
'Qualifying answers to the Examination for Discovery of the Plaintiff' consisting of 1 volume(s) on behalf of Plaintiff received on 13-NOV-2015
Draft Order concerning Bifurcation received at hearing on 12-NOV-2015
Excerpts from Plaintiff's Key Cases consisting of 1 volume(s) on behalf of Plaintiff received on 09-NOV-2015
Dictionary References to Perk received on behalf of the Defendant received at hearing on 09-NOV-2015
Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 09-NOV-2015
Case law referencing 'Perk' or 'Perks' consisting of 1 volume(s) on behalf of Defendant received on 09-NOV-2015
Transcript of hearing held at Toronto on 09-NOV-2015 received on 10-NOV-2015 Sent directly to presiding Judge 196 pages (including covering pages).
Letter from Plaintiff dated 06-NOV-2015 Attaching a USB of the hyper-linked Joint book of documents CC Defendant received on 06-NOV-2015
Copy of Reasons for Judgment and Judgment dated 07-OCT-2015 rendered by The Honourable Mr. Justice Nadon The Honourable Mr. Justice Boivin The Honourable Mr. Justice de Montigny placed on file. Original filed on Court File No. A-134-15
Letter from Plaintiff dated 04-NOV-2015 ... Please find attached two USB sticks containing the joint documents that will be used during the November 9th trial CC Defendant received on 04-NOV-2015
Letter from Plaintiff dated 28-OCT-2015 ... Writing further to Mr Reive's letter of Oct 27, confirming that the Plaintiff also requests daily transcripts and the costs shall by shared between the parties CC Defendant received on 28-OCT-2015
Writ of Subpoena Ad Testificandum (re: Blank) issued on 29-OCT-2015 cc filed
Request for Writ(s) of Subpoena Ad Testificandum on behalf of Plaintiff filed on 29-OCT-2015 Tariff any other proceeding - $30.00
Writ of Subpoena Ad Testificandum (re: Blank) issued on 29-OCT-2015 cc filed
Letter from Defendant dated 27-OCT-2015 ... The defendants would like to request daily trial transcripts for the entire duration of the trial... We understand the plaintiff similarly seeks daily transcripts and that costs will be shared. CC Plaintiff received on 27-OCT-2015
Request for Writ(s) of Subpoena Ad Testificandum on behalf of Plaintiff filed on 29-OCT-2015 Tariff any other proceeding - $30.00
Writ of Subpoena Ad Testificandum (re: Blank) issued on 29-OCT-2015 cc filed
Request for Writ(s) of Subpoena Ad Testificandum on behalf of Plaintiff filed on 29-OCT-2015 Tariff any other proceeding - $30.00
Writ of Subpoena Ad Testificandum (re: Betty Kieffer) issued on 29-OCT-2015 cc filed
Request for Writ(s) of Subpoena Ad Testificandum on behalf of Plaintiff filed on 29-OCT-2015 Tariff any other proceeding - $30.00
Read-Ins seleceted by Defendant and Additional Read-Ins selected by the Plaintiff from the Examination for Discovery of P. Weissman Plaintiff's Representative received on 27-OCT-2015
Toronto 21-OCT-2015 BEFORE The Honourable Mr. Justice Manson Language: E Before the Court: Trial Management Conference Result of Hearing: Discussion trial particulars; statement of facts; lenght; witnesses etc held in chambers Duration per day: 21-OCT-2015 from 13:55 to 14:05 Courtroom : Judge's Chambers - Toronto Court Registrar: Paul Cuzzolino Total Duration: 10min Appearances: Mr Kenneth McKay / Mr Andrew Jones 416-849-8430 representing Plaintiff Mr David Reive 416-595-8655 representing Defendant Comments: DARS not used at request of Court Minutes of Hearing entered in Vol. 939 page(s) 203 - 204 Abstract of Hearing placed on file
Letter from Plaintiff dated 21-OCT-2015 re: attaching letter to defendant explaining the delay in delivery of roadmap, agreed statement of facts, etc... received on 21-OCT-2015
Letter from Defendant dated 20-OCT-2015 We are writing in respect of the trial commencing on Nov 9th... we would like to request a breakout room in close proximity to the courtroom... received on 20-OCT-2015
Letter from Plaintiff dated 20-OCT-2015 pursuant to the direction of the court, with attached USB key containing plaintiffs Trial roadmap received on 20-OCT-2015
Letter from Defendant dated 19-OCT-2015 In accordance with the Court's request, we enclose copies of: 1) letter dated Oct 9 attaching defendants' proposed list of documents, 2) Plaintiffs' email dated Oct 14 attaching plaintiff's proposed list of documents CC Plaintiff received on 19-OCT-2015
Solicitor's certificate of service on behalf of David Reive confirming service of USB Key (see letter id#190) upon Plaintiff by personal service on 16-OCT-2015 filed on 16-OCT-2015
Letter from Defendant dated 16-OCT-2015 Pursuant to the direction of J Manson dated 6-OCT-2015 please find attached a USB key containing the Trial Outline of the defendants together with the Book of Authorities of the defendants (USB Key provided) CC Plaintiff received on 16-OCT-2015
Writ of Subpoena Ad Testificandum for Peter Griffin (tariff of $30.00 received) issued on 15-OCT-2015 cc filed
Writ of Subpoena Ad Testificandum for Andrew Porter (tariff of $30.00 received) issued on 15-OCT-2015 cc filed
Oral directions received from the presiding judge dated 06-OCT-2015 directing that a Trial Management Teleconference will be held on Wednesday, October 21, 2015 at 11:00 a.m. PST (2:00 p.m. EST). The schedule for the remaining steps in this proceeding are as follows: October 5, 2015: Defendant's to determine whether Ms. Mitchell's testimony will be by video (pursuant to Rule 271) October 9, 2015: Each party to produce their proposed List of Documents October 16, 2015: Each party to provide comments with respect to each other's proposed List of Documents. October 16, 2015: Each party to produce a Road Map/Witness List October 16, 2015: Plaintiff to produce first draft of the Agreed Statement of Facts. October 21, 2015 at 11:00 a.m. PST: Trial Management Teleconference. October 23, 2015: Defendants to provide comments and second draft of Agreed Statement of Facts to be produced. October 23, 2015: Joint Book of Documents to be submitted. October 23, 2015: Parties to produce their proposed discovery read-ins. October 30, 2015: Agreed Statement of Facts to be submitted. October 30, 2015: Parties to provide comments with respect to each other's discovery read-ins. placed on file on 06-OCT-2015 Confirmed in writing to the party(ies)
Communication to the Court from the Registry dated 01-OCT-2015 re: P's letter of 1-OCT-2015 sent to attention of Trial Judge and Milczynski CMJ
Letter from Plaintiff dated 01-OCT-2015 further to the case management teleconference held on 1-OCT-2015, outlining the parties' proposed next steps (cc'd to D's counsel) received on 01-OCT-2015
Toronto 01-OCT-2015 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Parties advised of proposed timetable (see details in "Comments" section) and advised that they wish for this matter to be bifurcated held by way of Conference Call in chambers Duration per day: 01-OCT-2015 from 12:10 to 12:40 Courtroom : Judge's Chambers - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 30min Appearances: Andrew Jones / Kenneth McKay (416) 849-8430 representing Plaintiff David Reive (416) 595-8655 representing Defendant Comments: The parties agreed to the following timetable: OCTOBER 5, 2015: Defendants to advise how Ms. Mitchell will be examined OCTOBER 9, 2015: Parties to produce proposed List of Documents OCTOBER 16, 2015: Parties to comment re: proposed List of Documents -Parties to submit road map / witness list to the Court -Plaintiff ot deliver Agreed Statement of Facts OCTOBER 20 or 21, 2015: Proposed date for Trial Management Conference (subject to Court availability) OCTOBER 23, 2015: Defendants to respond to Agreed Statement of Facts -Parties to file Joint Book of Documents -Parties to finalize discovery read-ins OCTOBER 30, 2015: Parties to file Agreed Statement of Facts -Parties to finalize discovery read-ins Minutes of Hearing entered in Vol. 938 page(s) 19 - 21 Abstract of Hearing placed on file
Affidavit of service of VICKY MEDEIROS sworn on 29-SEP-2015 on behalf of Plaintiff confirming service of DOC. #106 upon Defendant by courier on 29-SEP-2015 filed on 29-SEP-2015
Trial Record on behalf of Plaintiff filed on 29-SEP-2015
Toronto 21-SEP-2015 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Parties to submit letter confirming witness list and requisitioning a trial management conference. A further case management teleconference will be held on October 1, 2015 at 11:30 a.m. held by way of Conference Call in chambers Duration per day: 22-SEP-2015 from 12:30 to 01:20 Courtroom : Judge's Chambers - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 50min Appearances: Andrew Jones / Kenneth McKay (416) 849-8430 representing Plaintiff David Reive (416) 595-8655 representing Defendant Comments: Defendants to provide GST information to Plaintiff by September 30, 2015. Plaintiff to deliver expert reports by October 13, 2015 Defendants to deliver expert reports by october 27, 2015 Parties to work on Agreed Statement of Facts and Joint Book of Documents and prepare a "roadmap" outlining what their respective cases are about for the trial judge, by October 16, 2015 Minutes of Hearing entered in Vol. 937 page(s) 111 - 114 Abstract of Hearing placed on file
Supplementary Brief of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 23-JUN-2015 Sent directly to Presiding Judge
Toronto 23-JUN-2015 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Motion Doc. No. 96 on behalf of Plaintiff Result of Hearing: Matter adjourned sine die held in Court Senior Usher: Mary Joseph Duration per day: 23-JUN-2015 from 13:49 to 14:16 Courtroom : Courtroom No. 4-B - Toronto Court Registrar: Anil Kamal Total Duration: 26min Appearances: Andrew R.O. Jones (416) 849-8430 representing Plaintiff David Reive (416) 595-8655 representing Defendants Comments: parties to settle terms of motion outcome and get back to the Court if needed (deadline not specified for motion settlement). DARS (Z005141) was used; Minutes of Hearing entered in Vol. 932 page(s) 373 - 375 Abstract of Hearing placed on file
Solicitor's certificate of service on behalf of David Reive confirming service of doc 104 upon Plaintiff by personal service on 19-JUN-2015 filed on 19-JUN-2015
Motion Record in response to Motion Doc. No. 96 containing the following original document(s): 102 103 Number of copies received: 3 on behalf of Defendant filed on 19-JUN-2015
Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 96 filed on 19-JUN-2015
Affidavit of Richard Thomas Joynt sworn on 18-JUN-2015 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 96 with Exhibits A-B filed on 19-JUN-2015
Correction to General Sitting concerning Motion Doc. No. 96 Hearing rescheduled from General Sitting at Toronto on 16-JUN-2015 to General Sitting at Toronto on 23-JUN-2015 at 09:30 duration: 1h 30min Language: E Reason for correction: Request of the parties
Affidavit of service of Brianne Papacontantinou sworn on 11-JUN-2015 on behalf of Plaintiff confirming service of Doc. # 100 - Plaintiff's Motion Record upon Defendants/Plaintiffs by Counterclaim by courier on 11-JUN-2015 filed on 11-JUN-2015
Motion Record containing the following original document(s): 96 97 98 99 Number of copies received: 3 on behalf of Plaintiff filed on 11-JUN-2015
Sealed envelope pursuant to the Protective Order dated May 14, 2015 on behalf of Plaintiff purporting to contain Written Representations Filed on 11-JUN-2015
Sealed envelope pursuant to the Protective Order dated May 14, 2015 on behalf of Plaintiff purporting to contain Affidavit of Brianne Papaconstantinou sworn on June 10, 2015 with exhibits "A-C" contained in a motion record Filed on 11-JUN-2015
Sealed envelope pursuant to pursuant to the Protective Order dated May 14, 2015 on behalf of Plaintiff purporting to contain Affidavit of H. Steven Frye sworn June 9, 2015 with Exhibits -"A-E" contained in a Motion Record Filed on 11-JUN-2015
Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at General Sitting in Toronto on 16-JUN-2015 to begin at 09:30 duration: 2h language: E for an Order in relation to the documents produced by the Defendants on June 2, 2015 purportedly in compliance with the November 5, 2014 Order of P. Milcynski that the Defendants disclose information... -Counsel Andrew R.O. Jones - ph#416-849-8430 filed on 11-JUN-2015
Order dated 14-MAY-2015 rendered by Martha Milczynski, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Case Management Conference Result: PROTECTIVE ORDER Filed on 14-MAY-2015 entered in J. & O. Book, volume 1266 page(s) 419 - 426 Interlocutory Decision
Toronto 13-MAY-2015 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: The Plaintiff's R.431 motion and if necessary, the Defendants' production motion will be heard at General Sittings on June 16, 2015. held by way of Conference Call in chambers Duration per day: 13-MAY-2015 from 11:00 to 11:20 Courtroom : Judge's Chambers - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 20min Appearances: Mr. Andrew Jones (416) 849-8430 representing Plaintiff Mr. David Reive (416) 595-8655 representing Defendant Minutes of Hearing entered in Vol. 930 page(s) 28 - 29 Abstract of Hearing placed on file
Toronto 28-APR-2015 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: If required, the Plaintiff's R.431 motion will be made returnable for General Sittings on 26-MAY-2015. A further case management teleconference will be held on May 13, 2015 at 11:00 a.m. held by way of Conference Call in chambers Duration per day: 28-APR-2015 from 09:15 to 09:30 Courtroom : Judge's Chambers - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 15min Appearances: Mr. Andrew Jones (416) 849-8430 representing Plaintiff Mr. David Reive (416) 595-8655 representing Defendant Minutes of Hearing entered in Vol. 929 page(s) 102 - 103 Abstract of Hearing placed on file
Letter from Plaintiff dated 27-APR-2015 requesting a cmc to schedule the Plaintiff's Rule 431 motion (with attachments) received on 27-APR-2015
Copy of Notice of Appeal (Appeal Court File No. A-134-15 ) appealing Judgment of Justice Diner dated March 2, 2015 filed in the Court of Appeal on 12-MAR-2015 on behalf of Defendant placed on file on 19-MAR-2015
Acknowledgment of Receipt received from the Plaintiff and the Defendant via fax with respect to doc. #94 placed on file on 02-MAR-2015
Judgment dated 02-MAR-2015 rendered by The Honourable Mr. Justice Diner Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 80 Result: dismissed Filed on 02-MAR-2015 certified copies sent to parties entered in J. & O. Book, volume 1259 page(s) 337 - 350 Interlocutory Decision
Toronto 22-JAN-2015 BEFORE Roger Lafrenière, Esq., Prothonotary Language: E Before the Court: Mediation Result of Hearing: Matter adjourned sine die held in Court Senior Usher: Anne Brzuchalski Duration per day: 22-JAN-2015 from 10:05 to 12:20 Courtroom : Conference Room No. 5-43 - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 2h15min Appearances: Mr. Andrew Jones (416) 849-8430 representing Plaintiff Mr. David Reive (416) 595-8655 representing Defendant Comments: NOTE: DUE TO THE CONFIDENTIAL NATURE OF THIS PROCEEDING, DETAILED MINUTES WERE NOT RECORDED Minutes of Hearing entered in Vol. 920 page(s) 471 - 472 Abstract of Hearing placed on file
Oral directions received from the Court: Roger Lafrenière, Esq., Prothonotary dated 19-JAN-2015 directing that "The mediation shall proceed as scheduled on January 22, 2015." placed on file on 19-JAN-2015 Confirmed in writing to the party(ies)
Communication to the Court from the Registry dated 19-JAN-2015 re: Plaintiff's letter of 16-JAN-2015 and Defendant's letter of 19-JAN-2015 sent to Lafreniere P.
Letter from Defendant dated 19-JAN-2015 in response to the Plaintiff's letter of 16-JAN-2015, noting that in the Defendants' view, the timing of the Plaintiff's request for an adjournment raises serious issues as to whether a mediation has any real chance of success on the merits (cc'd to P's counsel) received on 19-JAN-2015
Letter from Plaintiff dated 16-JAN-2015 requesting that the mediation scheduled for January 22, 2015 be adjourned to a date convenient to the Court and parties once the decision of Diner J. is handed down. It is noted that the Defendants' have refused this request (cc'd to D's counsel) received on 19-JAN-2015
Solicitor's certificate of service on behalf of David Reive confirming service of doc#92 upon Plaintiff by courier on 16-JAN-2015 filed on 16-JAN-2015
Sealed envelope pursuant to order dated Dec.19,2014 on behalf of Defendant purporting to contain Defendant's confidential Mediation Brief (1 copy) Filed on 16-JAN-2015
Affidavit of service of Brianne Papaconstantinou sworn on 08-JAN-2015 on behalf of Plaintiff confirming service of Doc.90 upon Defendant by courier on 08-JAN-2015 filed on 08-JAN-2015
Sealed envelope pursuant to Order of the Court dated 19-DEC-2014 on behalf of Plaintiff purporting to contain Plaintiff's confidential Mediation Brief (Vol.1 and Vol.2) Filed on 08-JAN-2015
Oral directions received from the Court: Roger Lafrenière, Esq., Prothonotary dated 08-JAN-2015 directing that Plaintiff's Mediation Brief submitted past the deadline set by Order dated 19-DEC-2014 is to be accepted for filing. placed on file on 08-JAN-2015
Order dated 18-DEC-2014 rendered by Roger Lafrenière, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Case Management Conference Result: 1. A mediation shall take place on January 22, 2015 in Toronto at 10:00am. 2. The plaintiff shall serve and file concise mediation brief in a sealed envelope marked confidential by 12:00pm on January 8, 2015. 3. The defendants shall serve and file their mediation brief by January 16, 2015. 4. The mediation briefs filed by the parties shall be treated as confidentia Filed on 19-DEC-2014 entered in J. & O. Book, volume 1253 page(s) 101 - 102 Interlocutory Decision
Toronto 16-DEC-2014 BEFORE The Honourable Mr. Justice Diner Language: E Before the Court: Motion Doc. No. 80 on behalf of Defendant Result of Hearing: Matter reserved held in Court Senior Usher: John Grise Duration per day: 16-DEC-2014 from 11:30 to 01:30 Courtroom : Courtroom No. 4-C - Toronto Court Registrar: Imrana Ahmed Total Duration: 2h Appearances: Mr. Andrew Jones 416-849-8430 representing Plaintiff Mr. David Reive 416-595-8655 representing Defendant Comments: This hearing was recorded using DARS laptop #Z005146. Minutes of Hearing entered in Vol. 919 page(s) 293 - 296 Abstract of Hearing placed on file
Affidavit of service of BRIANNE PAPACONSTANTINOU sworn on 12-DEC-2014 on behalf of Plaintiff confirming service of PLAINTIFF's AUTHORITIES upon DEFENDANTS by courier on 12-DEC-2014 filed on 12-DEC-2014
Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 12-DEC-2014
Affidavit of service of David Bowden sworn on 12-DEC-2014 on behalf of Plaintiff confirming service of Doc 86 upon Defendant by personal service on 12-DEC-2014 filed on 12-DEC-2014
Motion Record in response to Motion Doc. No. 80 containing the following original document(s): 85 Number of copies received: 3 on behalf of Plaintiff filed on 12-DEC-2014
Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 80 filed on 12-DEC-2014
Correction to General Sitting concerning Motion Doc. No. 80 Hearing rescheduled from General Sitting at Toronto on 09-DEC-2014 to General Sitting at Toronto on 16-DEC-2014 at 09:30 duration: 1h 30min Language: E Reason for correction: Confirmation of Motion received from David Reive,Defendant on consent.
Confirmation received from Mr.David Reive,defendant,motion doc.82 adjourned to 16-Dec-2014 on consent placed on file on 05-DEC-2014
Oral directions received from the presiding judge dated 04-DEC-2014 directing that Motion doc.80 scheduled for 9-Dec-2014 1 pm. Parties advised. placed on file on 04-DEC-2014
Affidavit of service of Julia Mann sworn on 01-DEC-2014 on behalf of Defendants confirming service of Doc. No. 83 and Book of Authorities (ID#139) upon Plaintiff by courier on 01-DEC-2014 filed on 01-DEC-2014
Book of Authorities (*1 copy; retained by TOR) consisting of 1 volume(s) on behalf of Defendants received on 01-DEC-2014
Motion Record containing the following original document(s): 82 Number of copies received: 3 on behalf of Defendants filed on 01-DEC-2014
Written Submissions contained within a Motion Record on behalf of Defendants concerning Motion Doc. No. 80 filed on 01-DEC-2014
Letter from Plaintiff dated 24-NOV-2014 re: dates of availability for a DRC - Jan 20, 22 and 26, Feb 3-4 received on 24-NOV-2014
Letter from Defendant dated 20-NOV-2014 re: The defendants are available on January 20, 22, 26 and Feb 2-4 for a DRC received on 20-NOV-2014
Memorandum to file from Toronto CMT dated 20-NOV-2014 Parties advised that they are granted an extension to November 26, 2014, to provide mutual dates for a mediation. Parties are to advise CMT Toronto if any further extension is required. (NOTE: Parties advised via electronic mail) placed on file.
Letter from Plaintiff dated 18-NOV-2014 requesting an extension of time to November 26, 2014, to provide dates for mediation (cc'd to D's counsel) received on 18-NOV-2014
Communication to the Court from the Registry dated 17-NOV-2014 re: Doc.80 forwarded to Prothonotary Milczysnki re:appeal pursuant to R.51.
Solicitor's certificate of service on behalf of David Reive confirming service of doc.80 upon Plaintiff by telecopier on 14-NOV-2014 filed on 14-NOV-2014
Notice of Motion contained within a Motion Record on behalf of Defendants returnable at General Sitting in Toronto on 09-DEC-2014 to begin at 09:30 duration: 1h 30min language: E for an appeal of the decision of Martha Milczynski, Prothonotary dated 05-NOV-2014 filed on 14-NOV-2014
Acknowledgment of Receipt received from plaintiff, defendants with respect to doc 79 placed on file on 05-NOV-2014
Order dated 05-NOV-2014 rendered by Martha Milczynski, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 64 Result: granted Filed on 05-NOV-2014 copies sent to parties entered in J. & O. Book, volume 1247 page(s) 431 - 434 Interlocutory Decision
Oral directions received from the Court: Martha Milczynski, Prothonotary dated 05-NOV-2014 directing that Further to the matter being raised by the court at the hearing of the plaintiff's motion on November 4, 2014, the parties shall, within 15 days of the date of this direction, provide dates of mutual availability for a court facilitated dispute resolution conference. placed on file on 05-NOV-2014
Toronto 04-NOV-2014 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Motion Doc. No. 64 on behalf of Plaintiff Result of Hearing: Matter granted held in Court Senior Usher: Desmond Howard Duration per day: 04-NOV-2014 from 01:30 to 03:15 Courtroom : Courtroom No. 4-A - Toronto Court Registrar: Mary Sansone Total Duration: 2h Appearances: Andrew Jones - representing Plaintiff David Reive - representing Defendant Comments: DARS used Z005138 Minutes of Hearing entered in Vol. 916 page(s) 132 - 133 Abstract of Hearing placed on file
Solicitor's certificate of service on behalf of David Reive confirming service of Defendants book of authorities upon Plaintiff by personal service on 03-NOV-2014 filed on 03-NOV-2014
Book of Authorities consisting of 1 volume(s) on behalf of Defendants received on 03-NOV-2014
Order dated 31-OCT-2014 rendered by Martha Milczynski, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Case Management Conference Result: The trial of this action shall be conducted in English at the Federal Court in Toronto, commencing at 9:30am on Monday November 9, 2015 and shall continue thereafter for 7 days, with the exception of November 11, 2015. Filed on 31-OCT-2014 entered in J. & O. Book, volume 1247 page(s) 262 - 265 Interlocutory Decision
Solicitor's certificate of service on behalf of David Reive confirming service of Doc. 75 upon Plaintiff by personal service on 31-OCT-2014 filed on 31-OCT-2014
Motion Record in response to Motion Doc. No. 64 containing the following original document(s): 72 73 74 Number of copies received: 3 on behalf of Defendant (2 VOLUMES) filed on 31-OCT-2014
Written Representations contained within a Motion Record on behalf of Defendant concerning Motion in writing Doc. No. 64 filed on 31-OCT-2014
Affidavit of Richard Thomas sworn on 30-OCT-2014 on behalf of Defendant in opposition to Motion Doc. No. 64 with Exhibits A filed on 31-OCT-2014
Affidavit of Julia Mann sworn on 30-OCT-2014 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 64 with Exhibits A-J filed on 31-OCT-2014
Memorandum to file from Mary Sansone, Toronto dated 30-OCT-2014 the filing of the responding motion material for Doc 64 may be accepted by 12:00 noon on Monday, November 3/14. placed on file.
Affidavit of service of BRIANNE PAPACONSTANTINOU sworn on 30-OCT-2014 on behalf of Plaintiff confirming service of DOC 70 upon Defendant by courier on 30-OCT-2014 filed on 30-OCT-2014
Supplementary Motion Record containing the following original document(s): 69 Number of copies received: 3 on behalf of Plaintiff filed on 30-OCT-2014
Affidavit of BRIANNE PAPACONSTANTINOU sworn on 30-OCT-2014 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 64 with Exhibits A B filed on 30-OCT-2014
Affidavit of service of BRIANNE PAPACONSTANTINOU sworn on 29-OCT-2014 on behalf of Plaintiff confirming service of DOC 67 upon Defendant by SAME DAY COURIER on 29-OCT-2014 filed on 29-OCT-2014
Motion Record containing the following original document(s): 64 65 66 Number of copies received: 3 on behalf of Plaintiff filed on 29-OCT-2014
Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 64 filed on 29-OCT-2014
Affidavit of BRIANNE PAPACONSTANTINOU sworn on 28-OCT-2014 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 64 with Exhibits A-G filed on 29-OCT-2014
Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at General Sitting in Toronto on 04-NOV-2014 to begin at 09:30 duration: 45min language: E for an Order requiring the defendants to disclose in a sworn supplementary affidavit of documents on before November 30, 2014 and other relief ( CMJ: Milczynski P.; Counsel:Andrew Jones, 416-849-8430) filed on 29-OCT-2014
Toronto 22-OCT-2014 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Both parties estimate 7 days for trial. The plaintiff to bring a production motion, if needed, at the general sittings on November 4. Parties to provide a letter detailing timetable, trial availability and short statement of issues. held in chambers Duration per day: 22-OCT-2014 from 02:00 to 02:20 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 20min Appearances: Mr. Jones 416-849-8430 representing Plaintiff Mr. Reive 416-595-8655 representing Defendant Minutes of Hearing entered in Vol. 915 page(s) 140 - 141 Abstract of Hearing placed on file
Toronto 14-OCT-2014 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: A further cmc is scheduled for October 22 at 2:00pm. held in chambers Duration per day: 14-OCT-2014 from 12:30 to 12:40 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 10min Appearances: Mr. Jones 416-595-1163 representing Plaintiff Mr. Reive 416-595-8655 representing Defendant Minutes of Hearing entered in Vol. 914 page(s) 411 - 412 Abstract of Hearing placed on file
Toronto 06-AUG-2014 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Motion Doc. No. 54 on behalf of Plaintiff for a Bifurcation Order Result of Hearing: Matter adjourned sine die held in Court Senior Usher: John Grise Duration per day: 06-AUG-2014 from 10:00 to 11:00 Courtroom : Courtroom No. 4-A - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 1h Appearances: Mr. Andrew Jones (416) 849-8430 representing Plaintiff Mr. David Reive (416) 595-8655 representing Defendant Comments: DARS used (Z005138) Plaintiff to make election by 20-AUG-2014 (re: profits) and Defendant to rpodcue financial documents by 29-SEP-2014. Discoveries to be completed by 31-DEC-2014 Minutes of Hearing entered in Vol. 911 page(s) 11 - 18 Abstract of Hearing placed on file
Solicitor's certificate of service on behalf of David Reive confirming service of Book of Authorities upon Plaintiff by overnight courier on 28-JUL-2014 filed on 30-JUL-2014
Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 30-JUL-2014
Oral directions received from the Court: Martha Milczynski, Prothonotary dated 14-JUL-2014 directing that the Plaintiff's motion for a bifurcation order will be heard on Wednesday, August 6, 2014 at 10:00 a.m. (NOTE: Parties advised via electronic mail) placed on file on 14-JUL-2014
Letter from Plaintiff dated 26-JUN-2014 providing the parties dates of availability to argue the Plaintiff's motion (cc'd to D's counsel) received on 25-JUN-2014
Solicitor's certificate of service on behalf of David Reive confirming service of doc 61 upon the Plaintiff/Defendant by Counterclaim by overnight courier on 19-JUN-2014 filed on 20-JUN-2014
Motion Record in response to Motion Doc. No. 54 containing the following original document(s): 59 60 Number of copies received: 3 on behalf of Defendants/Plaintiff by Counterclaim filed on 20-JUN-2014
Written Representations contained within a Motion Record on behalf of Defendants/Plaintiff by Counterclaim concerning Motion Doc. No. 54 filed on 20-JUN-2014
Affidavit of Julia Mann sworn on 17-JUN-2014 contained within a Motion Record on behalf of Defendants/Plaintiff by Counterclaim in opposition to Motion Doc. No. 54 with Exhibits A-G filed on 20-JUN-2014
Affidavit of service of Brianne Papaconstantinou sworn on 02-JUN-2014 on behalf of Plaintiff confirming service of doc. 57 upon Defendant by courier and e-mail(May 30-2014) on 02-JUN-2014 filed on 02-JUN-2014
Motion Record containing the following original document(s): 54 55 56 Number of copies received: 3 on behalf of Plaintiff filed on 02-JUN-2014
Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 54 filed on 02-JUN-2014
Affidavit of Kenneth D. McKay sworn on 30-MAY-2014 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 54 with Exhibits A-C filed on 02-JUN-2014
Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable (but no hearing date indicated at this time) for a Bifurcation Order, pursuant to Rule. 107. filed on 02-JUN-2014
Letter from Plaintiff dated 23-MAY-2014 responding to the letter from the Registry dated 13-MAY-2014 received on 23-MAY-2014
Letter sent by Registry on 13-MAY-2014 to all parties requsting status update and proposed timetable by 23-MAY-2014 Copy placed on file.
Toronto 13-FEB-2014 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Counsel to write in with trial availability and confirm number of witnesses. Will not be proceeding on any refusal motions. held in chambers Duration per day: 13-FEB-2014 from 11:00 to 11:10 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 10min Appearances: Mr. Jones 416-595-1155 representing Plaintiff Mr. Reive 416-595-8614 representing Defendant Minutes of Hearing entered in Vol. 897 page(s) 281 - 282 Abstract of Hearing placed on file
Communication to the Court from the Registry dated 15-JAN-2014 re: P's letter dated 15-JAN-2014
Letter from Plaintiff dated 15-JAN-2014 on behalf of parties with dates of availability for a case management teleconference and a joint proposed timetable for next steps (cc'd to D's counsel) received on 15-JAN-2014
Letter sent by Registry on 03-JAN-2014 to all parties requesting status update and dates for case management teleconference (if the Court deems one to be necessary) by 15-JAN-2014 Copy placed on file.
MEMORANDUM to Case Management Judge, Milczynski, P., from Cynthia Leaver, Ottawa Registry, enclosing copy of JUDGMENT and copy of REASONS FOR JUDGMENT both filed 21-NOV-2013 in Federal Court of Appeal file A-125-13. Sent by internal mail on 4-DEC-2013. placed on file on 04-DEC-2013
Copy of JUDGMENT and copy of REASONS FOR JUDGMENT in Federal Court of Appeal file dated 21-NOV-2013 rendered by The Honourable Mr. Justice Evans The Honourable Madam Justice Trudel The Honourable Mr. Justice Webb placed on file. Original filed on Court File No. A-125-13
MEMORANDUM TO CASE MANAGEMENT JUDGE, Milczynski, P., from Cynthia Leaver, Registry Assistant, Actions Section, Ottawa Registry, enclosing copy of Notice of Appeal in Federal Court of Appeal file A-125-13. Sent by internal mail on 16-APR-2013. placed on file on 16-APR-2013
Copy of Notice of Appeal (Appeal Court File No. A-125-13 ) appealing Order of de Montigny, J., dated 25-MAR-2013 filed in the Court of Appeal on 04-APR-2013 on behalf of Plaintiff placed on file on 16-APR-2013
Acknowledgment of Receipt received from all parties with respect to Reasons for Order and Order (doc.#53) placed on file on 25-MAR-2013
Reasons for Order and Order dated 25-MAR-2013 rendered by The Honourable Mr. Justice de Montigny Matter considered with personal appearance The Court's decision is with regard to Motion in writing Doc. No. 12 Result: dismissed "THIS COURT ORDERS that the motion for summary judgment is dismissed, with costs." Filed on 25-MAR-2013 certified copies sent to parties Transmittal Letters placed on file. Interlocutory Decision Certificate of Order entered in J. & O. Book, volume 1187 page(s) 472 - 472
Solicitor's certificate of service on behalf of David Reive confirming service of Doc. No. 50 upon Plaintiff by courier on 31-OCT-2012 filed on 05-NOV-2012
Consent on behalf of Plaintiff Defendant to doc. 50 filed on 05-NOV-2012
Amended Defence and Counterclaim filed on 05-NOV-2012
Affidavit of service of Anthony Benevides sworn on 30-OCT-2012 on behalf of Plaintiff confirming service of doc 48 upon Defendants by courier on 29-OCT-2012 filed on 30-OCT-2012
Amended Statement of Claim filed on 30-OCT-2012
Acknowledgment of Service received from both parties, via facsimile with respect to Doc # 47 placed on file on 25-OCT-2012
Order dated 25-OCT-2012 rendered by Martha Milczynski, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 41 Result: granted "Leave is granted to the Plaintiff to amend its Statement of Claim in the form filed as Schedule "A" on this motion." Filed on 25-OCT-2012 entered in J. & O. Book, volume 1172 page(s) 359 - 360 Interlocutory Decision
Communication to the Court from the Registry dated 24-OCT-2012 re: motion doc # 41 sent to court for disposition
Toronto 16-OCT-2012 BEFORE The Honourable Mr. Justice de Montigny Language: E Before the Court: Motion Doc. No. 12 on behalf of Plaintiff Result of Hearing: Matter reserved held in Court Senior Usher: Greg Nevin 17-OCT-2012 Duration per day: 16-OCT-2012 from 09:30 to 04:30 Courtroom : Courtroom No. 4-D - Toronto Court Registrar: Jacqueline Smith 17-OCT-2012 from 09:30 to 12:40 Courtroom : Courtroom No. 4-D - Toronto Court Registrar: Jacqueline Smith Total Duration: 1d 3h 10min Appearances: Mr Andrew Jones 416849-8430 representing Plaintiff Mr ken McKay 416-849-8444 representing Plaintiff Mr David Reive 416-595-8655 representing Defendant Comments: Loose case law submit Minutes of Hearing entered in Vol. 869 page(s) 264 - 274 Abstract of Hearing placed on file
Affidavit of service of Anthony Benevides sworn on 15-OCT-2012 on behalf of Plaintiff confirming service of Doc. 45 upon Defendant by courier on 12-OCT-2012 filed on 15-OCT-2012
Motion Record containing the following original document(s): 41 42 43 Number of copies received: 3 on behalf of Plaintiff filed on 15-OCT-2012
Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 41 filed on 15-OCT-2012
Consent on behalf of all parties to Doc. 41 filed on 15-OCT-2012
Affidavit of Anthony Benevides sworn on 12-OCT-2012 on behalf of Plaintiff in support of Motion Doc. No. 41 with Exhibits A filed on 15-OCT-2012
Notice of Motion contained within a Motion Record on behalf of Plaintiff in writing to be dealt with in the Toronto local office for an Order Granting leave to amend the Statement of Claim in this matter; and other relief filed on 15-OCT-2012 Draft Order\\Judgment received.
Solicitor's certificate of service on behalf of DAVID REIVE confirming service of DOC NO. 39 AND BOOK OF AUTHORITIES upon Plaintiff by personal service on 05-OCT-2012 filed on 05-OCT-2012
Book of Authorities consisting of 1 volume(s) on behalf of THE PLAINTIFF ----DOC NO. 12 received on 05-OCT-2012
Supplementary Motion Record in response to Motion Doc. No. 12 containing the following original document(s): 38 Number of copies received: 3 on behalf of THE DEFENDANT ----VOL. 4 filed on 05-OCT-2012
Supplementary Memorandum of fact and law contained within a Motion Record on behalf of Defendant filed on 05-OCT-2012 1 judges' copies retained by the local office
Affidavit of service of Anthony Benevides sworn on 28-SEP-2012 on behalf of Plaintiff confirming service of Doc 36 and Book authorities upon Defendant by courier on 28-SEP-2012 filed on 28-SEP-2012
Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 28-SEP-2012
Supplementary Motion Record containing the following original document(s): 35 Number of copies received: 3 on behalf of Plaintiff (Vol 3-5) filed on 28-SEP-2012
Supplementary Memorandum of fact and law contained within a Motion Record on behalf of Plaintiff filed on 28-SEP-2012
Solicitor's certificate of service on behalf of David Reive confirming service of doc 33 upon Plaintiff by personal service on 17-SEP-2012 filed on 17-SEP-2012
Motion Record in response to Motion Doc. No. 12 containing the following original document(s): 29 30 31 32 Number of copies received: 3 on behalf of Defendant (3 Volumes-Volume 1 contains Certified Copies of File History) filed on 17-SEP-2012
Memorandum of fact and law contained within a Motion Record on behalf of Defendant filed on 17-SEP-2012
Affidavit of Margarita Spevak sworn on 11-SEP-2012 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 12 with Exhibits A filed on 17-SEP-2012
Affidavit of Richard Thomas Joynt sworn on 14-SEP-2012 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 12 with Exhibits A filed on 17-SEP-2012
Affidavit of Morgan C. Marlowe sworn on 14-SEP-2012 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 12 with Exhibits A-N filed on 17-SEP-2012
Affidavit of service of NELIA SARSONAS sworn on 10-SEP-2012 on behalf of Plaintiff confirming service of DOC 27 (2 VOLS) upon DEFENDANTS by personal service on 10-SEP-2012 filed on 10-SEP-2012
Motion Record containing the following original document(s): 12 14 15 16 17 18 19 20 21 22 23 24 25 26 Number of copies received: 3 on behalf of Plaintiff (2 vols) filed on 10-SEP-2012
Preliminary Memorandum of Fact and Law contained within a Motion Record on behalf of Plaintiff filed on 10-SEP-2012
Affidavit of DOUGLAS GARCIA sworn on 02-AUG-2012 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 12 filed on 10-SEP-2012
Affidavit of SHARON MITCHELL sworn on 01-AUG-2012 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 12 filed on 10-SEP-2012
Affidavit of KEVIN HAYASHI sworn on 27-JUL-2012 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 12 filed on 10-SEP-2012
Affidavit of LEON FONG sworn on 04-MAY-2012 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 12 filed on 10-SEP-2012
Affidavit of DAVINA KHAN sworn on 01-AUG-2012 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 12 filed on 10-SEP-2012
Affidavit of SALLY BENN sworn on 27-JUL-2012 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 12 filed on 10-SEP-2012
Affidavit of LORRAINE CARREON sworn on 27-JUL-2012 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 12 with Exhibits A-B filed on 10-SEP-2012
Affidavit of ANDREA SPOONER sworn on 25-JUL-2012 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 12 filed on 10-SEP-2012
Affidavit of BRADLEY MOYER sworn on 25-JUL-2012 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 12 filed on 10-SEP-2012
Affidavit of LLIANA FRENCH sworn on 12-JUL-2012 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 12 filed on 10-SEP-2012
Affidavit of BRENT STUCKE sworn on 01-AUG-2012 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 12 with Exhibits A-C filed on 10-SEP-2012
Affidavit of PAUL WEISSMAN sworn on 25-JUL-2012 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 12 with Exhibits A-I filed on 10-SEP-2012
Letter from Defendant to Plaintiff dated 07-AUG-2012 "in response to [Plaintiff's] letter of 1-AUG-2012..." received on 07-AUG-2012
Letter from Plaintiff to Defendant dated 01-AUG-2012 "Thank you for your letter of July 11, 2012 enclosing answers to undertakings from the examination for discovery of Morgan C. Marlowe..." received on 01-AUG-2012
Toronto 06-SEP-2012 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: The Court set the following schedule for the filing of material for the hearing of the Plaintiff's summary judgment motion: Plaintiff's motion record - served and filed by September 10, 2012; Defendants motion record - served and filed by September 17, 2012; Cross-examinations to be completed by September 24, 2012; Plaintiff's Supplementary Motion Record (consisting of transcripts and Supplementary Memorandum of Fact & Law) - served and filed by September 28, 2012; and Defendants' Supplementary Motion Record (consisting of transcripts and Supplementary Memorandum of Fact & Law) - served and filed October 5, 2012 by noon. held by way of Conference Call in chambers Duration per day: 06-SEP-2012 from 03:10 to 03:15 Courtroom : Judge's Chambers - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 5min Appearances: Mr. Ken McKay / Mr. Andrew Jones (416) 595-1155 / (416) 849-8430 representing Plaintiff Mr. David Reive (416) 595-8655 representing Defendant Minutes of Hearing entered in Vol. 867 page(s) 121 - 122 Abstract of Hearing placed on file
Oral directions received from the Court: Martha Milczynski, Prothonotary dated 06-SEP-2012 directing that In respect of the Plaintiff's motion for summary judgment, the following timetable shall apply: 1. Plaintiff's motion record to be filed by Sep 10, 2012. 2. Defendant's motion record to be filed by September 17, 2012. 3. Cross-examinations to be completed by September 24, 2012. 4. Plaintiff's supp. motion record, consisting of transcripts and supp memo of fact and law to be filed by Sep 28, 2012. 5. Defendat's supp. motion record, to be served and filed by Oct 5, 2012. 6.Motion for summary judgment is scheduled for 1.5 days, commencing October 16, 2012 in English in Toronto. placed on file on 06-SEP-2012
Oral directions received from the Court: Martha Milczynski, Prothonotary dated 06-SEP-2012 directing that a case management teleconference will be held on Thursday, September 6, 2012 at 3:00 p.m. (NOTE: Parties advised and confirmed availability via electronic mail) placed on file on 06-SEP-2012
Communication to the Court from the Registry dated 06-SEP-2012 re: letters dated 5-SEP-2012 and 6-SEP-2012
Letter from Plaintiff dated 06-SEP-2012 in response to the Defendant's letter dated 5-SEP-2012 and noting that a case management conference is necessary to set the schedule for the summary judgment motion (cc'd to D's counsel) received on 06-SEP-2012
Letter from Defendant dated 05-SEP-2012 further to their letter dated August 24, 2012, stating the basis for their request for a case management conference (cc'd to D's counsel) received on 05-SEP-2012
Memorandum to file from Toronto CMT dated 30-AUG-2012 Counsel have been contacted via electronic mail, to inquire whether the Defendant's request for a case management conference is still needed in light of the Plaintiff's proposed timetable. placed on file.
Communication to the Court from the Registry dated 28-AUG-2012 re: letters dated 24-AUG-2012 and 27-AUG-2012
Letter from Defendant dated 24-AUG-2012 advising that the parties have been unable to agree on a schedule for the delivery of material for the Plaintiff's pending motion for summary judgment and are requesting a case management conference (cc'd to D's counsel) received on 24-AUG-2012
Letter from Plaintiff dated 27-AUG-2012 responding to Defendant's letter of 24th requesting a CMC; Plaintiff does not see the need for a CMC... received on 27-AUG-2012
Communication to the Court from the Registry dated 10-AUG-2012 re: Notice of Motion for Summary Judgment sent to Trial J.A. for scheduling.
Affidavit of service of Nelia Sarsonas sworn on 02-AUG-2012 on behalf of Plaintiff confirming service of doc. 12 upon Defendant by personal service on 02-AUG-2012 filed on 02-AUG-2012
Notice of Motion on behalf of Plaintiff returnable (but no hearing date indicated at this time) for Summary Judgment Tariff Any other action - $300.00 filed on 02-AUG-2012
Toronto 19-JUL-2012 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Summary Judgment motion to be filed within 2 weeks. Parties to work out a schedule among themselves and deliver it to the court. held in chambers Duration per day: 19-JUL-2012 from 12:30 to 12:45 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 15min Appearances: Mr. Jones 416-595-1155 representing Plaintiff Mr. Reive 416-595-8600 representing Defendant Minutes of Hearing entered in Vol. 865 page(s) 419 - 420 Abstract of Hearing placed on file
Communication to the Court from the Registry dated 29-JUN-2012 re: letter sent to court for consderation
Letter from Defendant dated 29-JUN-2012 providing dates of availability to the court for a CMC received on 29-JUN-2012
Letter from Plaintiff dated 29-JUN-2012 RE: REQUEST FOR A TELEPHONE CASE CONFERENCE received on 29-JUN-2012
Letter from Plaintiff dated 01-JUN-2012 providing the Plaintiff's availability for a case management teleconference to discuss the proposed summary summary judgment motion (draft Notice of Summary Judgment attached) cc'd to D's counsel received on 01-JUN-2012
Letter from Plaintiff dated 31-MAY-2012 advising that they wish to bring a motion to compel answers arising from the first round of discoveries (draft Notice of Motion attached) cc'd to D's counsel received on 31-MAY-2012
Oral directions received from the Court: Martha Milczynski, Prothonotary dated 30-MAY-2012 directing that the parties are to submit their proposed scheduled no later than June 30, 2012. placed on file on 01-JUN-2012 Confirmed in writing to the party(ies)
Memorandum to file from Marc Cossette dated 23-MAY-2012 I received a phone call from Mr. Anthony Benevides who said that counsel for the Plaintiff had not received the Order dated April 19, 2012. I resent a copy of the Order by Email today and Mr. Benevides has confirmed having recceived it. The other recipients are Mr. McKay and Mr. Jones of the same firm. The was an error in the Email address used in the original Email. There is a call sheet on the file stating that Mr. McKay had been advised verbally of the Order on April 20, 2012. placed on file.
Letter from Plaintiff to Federal Court dated 23-MAY-2012 Advising the Court that the Plaintiff never received the Court Order dated 19-Apr-2012 and they are requesting an extension until 30-June-2012. received on 23-MAY-2012
Acknowledgment of Receipt received from Parties with respect to Order (the Chief Justice) dated April 19, 2012. Order sent to Counsel for the Plaintiff via e-mail. Order sent to Mr. Chris T. Blom - Order faxed. placed on file on 20-APR-2012
Order dated 19-APR-2012 rendered by Chief Justice Crampton Matter considered without personal appearance The Court's decision is with regard to Status Review Result: "This proceeding shall continue as a speciall y managed proceeding. The Plaintiff, within 20 days of the date of this order, shall serve and file a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner. The plaintiff shall consult with the defendants prior to the filing of the proposed timetable and indicate with its filing whether the timetable has been consented to by the defendants. Pursuant to Rule 383, Prothonotary Martha Milczynski is assigned as Case Management Judge in this matter." Filed on 20-APR-2012 entered in J. & O. Book, volume 1154 page(s) 435 - 436 Interlocutory Decision
Affidavit of service of CHRISTINE MARIE YOUNG sworn on 27-FEB-2012 on behalf of Defendant confirming service of DOC NO. 9 upon Defendant Plaintiff by telecopier on 27-FEB-2012 filed on 29-FEB-2012
Notice of change of solicitor on behalf of Defendant filed on 29-FEB-2012
Solicitor's certificate of service on behalf of Rohit Parekh confirming service of doc. #7 upon Defendant by telecopier on 27-APR-2011 filed on 27-APR-2011
Reply on behalf of Plaintiff Filed on 27-APR-2011
Affidavit of service of Doreen Hardy-Smith sworn on 18-APR-2011 on behalf of Defendant confirming service of doc. 5 upon Plaintiff by telecopier on 18-APR-2011 with Exhibits a filed on 18-APR-2011
Defence filed on 18-APR-2011
Affidavit of service of Murray Share sworn on 25-MAR-2011 on behalf of Plaintiff confirming service of doc 1 upon Concierge Connections Inc. by personal service on 18-MAR-2011 filed on 29-MAR-2011
Affidavit of service of Murray Share sworn on 25-MAR-2011 on behalf of Plaintiff confirming service of doc 1 upon Morgan C. Marlowe by personal service on 18-MAR-2011 filed on 29-MAR-2011
Affidavit of service of Murray Share sworn on 25-MAR-2011 on behalf of Plaintiff confirming service of doc 1 upon Richard Thomas Joynt by personal service on 18-MAR-2011 filed on 29-MAR-2011
Statement of Claim filed on 18-MAR-2011 Tariff other action - $150.00
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