Case information
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33999
Momentous.ca Corporation, et al. v. Canadian American Association of Professional Baseball Ltd., 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) |
|---|---|---|
| 2012-04-19 | Appeal closed | |
| 2012-03-16 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-03-16 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-03-15 |
Judgment on the appeal rendered, CJ LeB F Ro Cro Mo Ka, The appeal from the judgment of the Court of Appeal for Ontario, Number C51406, 2010 ONCA 722, dated October 29, 2010, heard on February 10, 2012, is dismissed with costs. Dismissed, with costs |
|
| 2012-02-27 | Transcript received, (59 pages) | |
| 2012-02-10 | Judgment reserved OR rendered with reasons to follow | |
| 2012-02-10 |
Hearing of the appeal, 2012-02-10, CJ LeB F Ro Cro Mo Ka Judgment reserved |
|
| 2012-02-10 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2012-02-10 | Supplemental document, Filed in Court - Supplemental Authorities, Completed on: 2012-02-10 | Miles Wolff |
| 2012-02-10 | Respondent's condensed book, Filed in Court | Miles Wolff |
| 2012-02-10 | Respondent's condensed book, Filed in Court | City of Ottawa |
| 2012-02-10 | Respondent's condensed book, Filed in Court | Canadian American Association of Professional Baseball Ltd. |
| 2012-02-10 | Appellant's condensed book, Filed in Court | Momentous.ca Corporation |
| 2012-02-09 | Supplemental document, Supplemental Authorities, Completed on: 2012-02-09 | City of Ottawa |
| 2012-02-09 | Correspondence received from, Corey Villeneuve by phone re: request for 2 reserved seats | Momentous.ca Corporation |
| 2012-01-26 | Notice of appearance, Pasquale Santini and Samantha A. Iturregui will be appearing and taking 30 minutes | Canadian American Association of Professional Baseball Ltd. |
| 2012-01-25 | Notice of appearance, Eric M. Appotice and Allison A. Russell will be appearing and time allotted for the respondents | Miles Wolff |
| 2012-01-25 | Notice of appearance, Benoît Duchesne and Lauren Wihak will be appearing | City of Ottawa |
| 2012-01-23 | Notice of appearance, Scott McLean, Susan Brown and James Wishart will be present at the hearing.- service rec'd Jan. 27/12 | Momentous.ca Corporation |
| 2012-01-06 | Correspondence received from, E. Meehan dated Jan 6, 2012 re: change of agent | Canadian American Association of Professional Baseball Ltd. |
| 2011-12-08 | Notice of hearing sent to parties | |
| 2011-12-07 |
Appeal hearing scheduled, 2012-02-10 Judgment reserved |
|
| 2011-11-07 | Order on motion for leave to intervene, (BY DESCHAMPS) | |
| 2011-11-07 |
Decision on the motion for leave to intervene, De, UPON APPLICATIONS by the Attorney General of British Columbia and the ADR Chambers Inc. for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Attorney General of British Columbia and the ADR Chambers Inc. are dismissed Dismissed |
|
| 2011-11-07 | Submission of motion for leave to intervene, De | |
| 2011-11-07 | Appeal perfected for hearing | |
| 2011-11-04 | Respondent's book of authorities, Completed on: 2011-11-04 | Canadian American Association of Professional Baseball Ltd. |
| 2011-11-04 | Respondent's record, Completed on: 2011-11-04 | Canadian American Association of Professional Baseball Ltd. |
| 2011-11-04 | Respondent's factum, Completed on: 2011-11-04 | Canadian American Association of Professional Baseball Ltd. |
| 2011-11-04 | Respondent's book of authorities, Completed on: 2011-11-04 | City of Ottawa |
| 2011-11-04 | Respondent's factum, Completed on: 2011-11-04 | City of Ottawa |
| 2011-11-03 | Respondent's book of authorities, Completed on: 2011-11-03 | Miles Wolff |
| 2011-11-03 | Respondent's factum, Completed on: 2011-11-03 | Miles Wolff |
| 2011-10-25 | Response to the motion for leave to intervene, (Letter Form), from Benoit M. Duchesne dated Oct. 25/11, Completed on: 2011-10-25 | City of Ottawa |
| 2011-10-24 | Reply to the motion for leave to intervene, Completed on: 2011-10-24 | Attorney General of British Columbia |
| 2011-10-21 | Reply to the motion for leave to intervene, Completed on: 2011-10-21 | ADR Chambers Inc. |
| 2011-10-20 | Response to the motion for leave to intervene, (Letter Form), from Pasquale Santini dated Oct. 20/11 (by both interveners), Completed on: 2011-10-20 | Canadian American Association of Professional Baseball Ltd. |
| 2011-10-19 | Response to the motion for leave to intervene, (Letter Form), from Eric M. Appotive dated Oct. 19/11, Completed on: 2011-10-19 | Miles Wolff |
| 2011-10-17 | Response to the motion for leave to intervene, (bookform) to ADR motion to intervene, Completed on: 2011-10-17 | Momentous.ca Corporation |
| 2011-10-17 | Response to the motion for leave to intervene, (bookform) to AGBC motion to intervene, Completed on: 2011-10-17 | Momentous.ca Corporation |
| 2011-10-07 | Motion for leave to intervene, Completed on: 2011-10-07 | ADR Chambers Inc. |
| 2011-10-07 | Motion for leave to intervene, Completed on: 2011-10-07 | Attorney General of British Columbia |
| 2011-09-09 | Appellant's book of authorities, (3 volumes), Completed on: 2011-09-09 | Momentous.ca Corporation |
| 2011-09-09 | Appellant's factum, Completed on: 2011-09-09 | Momentous.ca Corporation |
| 2011-09-08 | Appellant's record, (7 volumes) CD to come (rec'd Sept.19/11), Completed on: 2011-09-19 | Momentous.ca Corporation |
| 2011-07-21 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2011-06-17 | Notice of appeal, Completed on: 2011-06-17 | Momentous.ca Corporation |
| 2011-05-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-05-20 | Judgment on leave sent to the parties | |
| 2011-05-19 |
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 C51406, 2010 ONCA 722, dated October 29, 2010, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2011-03-14 | All materials on application for leave submitted to the Judges, LeB De Cha | |
| 2011-02-14 | Applicant's reply to respondent's argument, Completed on: 2011-02-14 | Momentous.ca Corporation |
| 2011-02-04 | Respondent's response on the application for leave to appeal, Completed on: 2011-02-04 | Miles Wolff |
| 2011-02-03 | Book of authorities | Canadian American Association of Professional Baseball Ltd. |
| 2011-02-03 | Respondent's response on the application for leave to appeal, Completed on: 2011-02-03 | Canadian American Association of Professional Baseball Ltd. |
| 2011-01-18 | Respondent's response on the application for leave to appeal, Completed on: 2011-01-18 | City of Ottawa |
| 2011-01-12 | Correspondence received from, Susan M. Brown, dated Jan.7/11, Re: draft order form | Momentous.ca Corporation |
| 2011-01-05 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2010-12-20 | Book of authorities | Momentous.ca Corporation |
| 2010-12-20 | Application for leave to appeal, Final CA Order missing (rec'd Jan.25/11), Completed on: 2011-01-26 | Momentous.ca Corporation |
| 2010-12-17 | Correspondence (sent by the Court) to, J. Wishart, re.: permission to be listed as counsel in file |
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 |
|---|---|---|
| Momentous.ca Corporation | Appellant | Active |
| Rapidz Sports and Entertainment Inc., Rapidz Baseball Club Inc. and Zip.ca Inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canadian American Association of Professional Baseball Ltd. | Respondent | Active |
| Inside the Park LLC, Greg Lockard, Dan Moushon and Bruce Murdoch | Respondent | Active |
| City of Ottawa | Respondent | Active |
| Wolff, Miles | Respondent | Active |
Counsel
Party: Momentous.ca Corporation
Counsel
James M. Wishart
1420 - 99 Bank St.
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9658
FAX: (613) 783-9690
Email: susan.brown@fmc-law.com
Agent
1420 - 99 Bank Street
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: scott.mclean@fmc-law.com
Party: Rapidz Sports and Entertainment Inc., Rapidz Baseball Club Inc. and Zip.ca Inc.
Counsel
James M. Wishart
1420 - 99 Bank St.
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9658
FAX: (613) 783-9690
Email: susan.brown@fmc-law.com
Agent
1420 - 99 Bank Street
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: scott.mclean@fmc-law.com
Party: Canadian American Association of Professional Baseball Ltd.
Counsel
Samantha A. Iturregui
Jeffrey Beedell
160 Elgin Street
Suite 2401
Ottawa, Ontario
K2P 2P7
Telephone: (613) 238-6321
FAX: (613) 233-4553
Agent
397 Gladstone Avenue
Suite 100
Ottawa, Ontario
K2P 0Y9
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Inside the Park LLC, Greg Lockard, Dan Moushon and Bruce Murdoch
Counsel
Samantha A. Iturregui
Jeffrey Beedell
160 Elgin Street
Suite 2401
Ottawa, Ontario
K2P 2P7
Telephone: (613) 238-6321
FAX: (613) 233-4553
Agent
397 Gladstone Avenue
Suite 100
Ottawa, Ontario
K2P 0Y9
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: City of Ottawa
Counsel
Lauren Wihak
55 Metcalfe Street
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-1668
FAX: (613) 246-2881
Party: Wolff, Miles
Counsel
Allison A. Russell
1100-150 Metcalfe
Ottawa, Ontario
K2P 1P1
Telephone: (613) 670-8002
FAX: (613) 238-4085
Email: eappotive@hamiltonappotive.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.
Private international law — Courts — Jurisdiction — Forum selection clauses — Attornment — Applicant baseball club suing Can-Am league and its principals in contract and tort — Defendants bringing motion to stay or dismiss action on ground that Ontario court had no jurisdiction — Whether Court of Appeal, having ruled that defendants did in fact attorn to jurisdiction of Ontario court, then erred in concluding that defendants could nevertheless still rely upon foreign forum selection and dispute resolution clauses — Rules of Civil Procedure, R.R.O. 1990, Reg. 194, rule 21.01(3)(a).
Rapidz Baseball fielded a professional baseball team in the Can-Am League during the 2008 season. The team played its home games in a stadium owned by the City of Ottawa. However, because of losses it had incurred during the season, Rapidz Baseball gave the League notice that it would be unable to operate beyond 2008. It applied under the League’s by-laws to withdraw voluntarily because of financial hardship. The League’s Board of Directors rejected Rapidz Baseball’s application. Instead, they terminated its membership and drew down a $200,000 letter of credit Rapidz Baseball had been required to post under the by-laws. Rapidz Baseball and its related companies sued the League and its principals, and the City of Ottawa, both in contract and tort.
The League and its principals brought a motion under rule 21.01(3)(a) of the Rules of Civil Procedure to stay or dismiss the action on the ground that an Ontario court has no jurisdiction over the subject matter of the action. They relied on the choice of forum and arbitration clauses in the League’s by-laws and in the agreements signed by the plaintiffs, under which the plaintiffs agreed that all disputes with the League would be resolved in the state of North Carolina and would be subject to arbitration.
Lower court rulings
Ontario Superior Court of Justice
09-CV-43848
Motion to dismiss action granted
Court of Appeal for Ontario
C51406, 2010 ONCA 722
Appeal dismissed
Memorandums of argument on application for leave to appeal
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Related links
Factums on appeal
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.
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