Supreme Court of Canada / Cour suprême du Canada
(le français suit)
JUDGMENT TO BE RENDERED IN LEAVE APPLICATION
June 16, 2014
For immediate release
OTTAWA – The Supreme Court of Canada announced today that judgment in the following application for leave to appeal will be delivered at 9:45 a.m. EDT on Thursday, June 19, 2014. This list is subject to change.
PROCHAIN JUGEMENT SUR DEMANDE D’AUTORISATION
Le 16 juin 2014
Pour diffusion immédiate
OTTAWA – La Cour suprême du Canada annonce que jugement sera rendu dans la demande d’autorisation d’appel suivante le jeudi 19 juin 2014, à 9 h 45 HAE. Cette liste est sujette à modifications.
1. Deverett Professional Corporation v. Canpages Inc. (Ont.) (Civil) (By Leave) (35794)
35794 |
Deverett Professional Corporation v. Canpages Inc. (Ont.) (Civil) (By Leave) |
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Civil procedure — Whether applying a contextual approach or a strict approach to interpret rules of civil procedure is a matter of public importance — Whether the contextual approach is consistent with Driedger’s modern approach of statutory interpretation. |
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Deverett Professional Corporation, a law firm, filed a Statement of Claim against Canpages Inc. alleging breach of contract and negligence in failing to publish its advertisements in local telephone directories, allegedly in retaliation for Deverett having acted for a former employee of Canpages. The Statement of Claim was issued on December 22, 2009, and a Statement of Defence and Counterclaim was served on February 12, 2010. On January 13, 2012, Deverett received a status note from the court. On March 13, 2012, Deverett contacted Canpages’ counsel to request consent to a timetable for further steps in the action. When Canpages’ counsel did not consent, Deverett requested a status hearing, which was scheduled and was then adjourned for a full hearing.
The Master dismissed the action on the grounds that Deverett had not provided an acceptable explanation for the delay or shown that there would be no prejudice to Canpages if the action proceeded. MacKinnon J. dismissed Deverett’s appeal from that decision. By endorsement, the Court of Appeal dismissed the application for leave to appeal.
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November 12, 2013 Ontario Superior Court of Justice (MacKinnon J.) 2013 ONSC 6954
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Action dismissed
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January 31, 2014 Court of Appeal for Ontario (Laskin, van Rensburg, Hourigan JJ.A.)
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Leave to appeal dismissed
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March 28, 2014 Supreme Court of Canada |
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Application for leave to appeal filed
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