Case information
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34645
Bruno Appliance and Furniture, Inc. v. Robert Hryniak
(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) |
|---|---|---|
| 2014-02-27 | Notice of withdrawal, of Henry S. Brown, Q.C. as agent for the appellant | Bruno Appliance and Furniture, Inc. |
| 2014-01-27 | Appeal closed | |
| 2014-01-27 | Close file on Leave | |
| 2014-01-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-01-24 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-01-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-01-24 | Judgment on leave sent to the parties | |
| 2014-01-23 |
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 C52913, 2013 ONCA 307, dated May 8, 2013, is dismissed without costs. Dismissed, without costs |
|
| 2014-01-23 |
Judgment on the appeal rendered, CJ LeB Abe Ro Cro Ka Wa, The appeal from the judgment of the Court of Appeal for Ontario, Number C52913, 2011 ONCA 764, dated December 5, 2011, heard on March 26, 2013, is dismissed with costs to the respondent. Dismissed, with costs |
|
| 2013-09-30 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-08-12 | Respondent's response on the application for leave to appeal, (Letter Form), Aug.12, 2013 - letter rec'd from Counsel Mr. Brandon Kain, indicating the respondent will not file a response to the second leave application., Completed on: 2013-08-12 | Bruno Appliance and Furniture, Inc. |
| 2013-08-08 | Correspondence received from, Notice of Agent Representing Two Opposing Parties (Aug. 8, 2013) | Bruno Appliance and Furniture, Inc. |
| 2013-08-07 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-08-07 | Book of authorities, (Book Form) | Bruno Appliance and Furniture, Inc. |
| 2013-08-07 | Application for leave to appeal, SECOND APPLICATION, Completed on: 2013-08-07 | Bruno Appliance and Furniture, Inc. |
| 2013-06-06 | Correspondence received from, Javad Heydary by fax, re: costs endorsement releaded by the Court of Appeal (sent to the Court July 4, 2013) | Bruno Appliance and Furniture, Inc. |
| 2013-03-26 | Intervener's condensed book, (Book Form), Filed in Court - joint with 34641 | Canadian Bar Association |
| 2013-03-26 | Judgment reserved OR rendered with reasons to follow | |
| 2013-03-26 |
Hearing of the appeal, 2013-03-26, CJ LeB Abe Ro Cro Ka Wa Judgment reserved |
|
| 2013-03-26 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2013-03-26 | Respondent's condensed book, (Book Form), Filed in Court - joint with 34641 | Bruno Appliance and Furniture, Inc. |
| 2013-03-26 | Appellant's condensed book, (Book Form), Filed in Court - joint with 34641 | Bruno Appliance and Furniture, Inc. |
| 2013-03-20 | Notice of appearance, David W. Scott, Q.C. and Patricia D.S Jackson will be appearing and Mr Scott will make oral presentation | Advocates' Society |
| 2013-03-19 | Notice of appearance, Malliha Wilson and Christopher P. Thompson will be appearing and Ms. Wilson will make oral presentation | Attorney General of Ontario |
| 2013-03-19 | Notice of appearance, Paul R. Sweeny and David Sterns will be appearing and Mr. Sweeny will make oral presentation | Canadian Bar Association |
| 2013-03-19 | Notice of appearance, Allan Rouben and Ronald P. Bohm will be appearing | Ontario Trial Lawyers Association |
| 2013-03-13 |
Order by, F, FURTHER TO THE ORDER dated January 18, 2013, granting leave to intervene to the Ontario Trial Lawyers Association, the Canadian Bar Association, the Attorney General of Ontario and the Advocates' Society; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals. Granted, no order as to costs |
|
| 2013-03-12 | Intervener's book of authorities, (Book Form), Joint with 34641, Completed on: 2013-03-12 | Canadian Bar Association |
| 2013-03-12 | Intervener's factum, (Book Form), Joint with 34641, Completed on: 2013-03-12 | Canadian Bar Association |
| 2013-03-11 | Intervener's book of authorities, (Book Form), Completed on: 2013-03-11 | Attorney General of Ontario |
| 2013-03-11 | Intervener's factum, (Book Form), Completed on: 2013-03-11 | Attorney General of Ontario |
| 2013-03-11 | Intervener's factum, (Book Form), Completed on: 2013-03-11 | Advocates' Society |
| 2013-03-11 | Notice of appearance, Sarit E. Batner, Brandon Kain and Moya J. Graham will be appearing and Ms. Batner wiil present oral argument | Robert Hryniak |
| 2013-03-06 | Intervener's book of authorities, (Book Form), Joint with 34641, Completed on: 2013-03-06 | Ontario Trial Lawyers Association |
| 2013-03-06 | Intervener's factum, (Book Form), Joint with 34641, Completed on: 2013-03-06 | Ontario Trial Lawyers Association |
| 2013-03-06 | Correspondence received from, Jonathan Odumeru dated Mar. 6/13 re: 11 reserved seats | Bruno Appliance and Furniture, Inc. |
| 2013-03-06 | Notice of appearance, Javad Heydary, Jeffrey D. Landmann and Michelle Jackson will be appearing | Bruno Appliance and Furniture, Inc. |
| 2013-03-01 | Correspondence received from, Ms. Jackson rec'd by email re: oral argument with consent | Robert Hryniak |
| 2013-02-07 | Order on motion to extend time | |
| 2013-02-07 |
Decision on motion to extend time, Wa, to serve and file the respondent's factum and book of authorities on February 4, 2013 Granted |
|
| 2013-02-07 | Submission of motion to extend time, Wa | |
| 2013-02-06 | Response to motion to extend time, Completed on: 2013-02-06 | Bruno Appliance and Furniture, Inc. |
| 2013-02-06 | Motion to extend time, (Book Form), to serve and file the factum and book of authorities on Feb 4/13, Completed on: 2013-02-06 | Robert Hryniak |
| 2013-02-06 | Appeal perfected for hearing | |
| 2013-02-04 | Respondent's book of authorities, (3 volumes), Completed on: 2013-02-07 | Robert Hryniak |
| 2013-02-04 | Respondent's factum, (motion for ext. of time and 71(3) required, (rec'd Feb 6/13), cd to come (rec'd Feb.7/13), Completed on: 2013-02-08 | Robert Hryniak |
| 2013-02-01 | Correspondence received from, Jonathan Odumeru dated February 1, 2013. Re: Correction to the table of authorities included in the factum and book of authorities (Sent to the Court on February 6, 2013) | Bruno Appliance and Furniture, Inc. |
| 2013-01-18 | Order on motion for leave to intervene, (by FISH J.) | |
| 2013-01-18 |
Decision on the motion for leave to intervene, (joint with 34641), F, UPON APPLICATIONS by the Ontario Trial Lawyers Association and the Canadian Bar Association for leave to intervene in the above appeals; AND UPON APPLICATIONS by the Attorney General of Ontario and the Advocates' Society for leave to intervene in the appeal of Bruno Appliance and Furniture, Inc. v. Robert Hryniak (34645); AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Ontario Trial Lawyers Association and the Canadian Bar Association are granted and the said interveners shall be entitled to serve and file a single factum not to exceed 10 pages in length in these appeals on or before March 12, 2013. The motions for leave to intervene of Attorney General of Ontario and the Advocates' Society are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length in the appeal of Bruno Appliance and Furniture, Inc. v. Robert Hryniak (34645) on or before March 12, 2013. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their interventions Granted |
|
| 2013-01-18 | Submission of motion for leave to intervene, F | |
| 2013-01-10 | Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated Jan. 10/13, Completed on: 2013-01-10 | Bruno Appliance and Furniture, Inc. |
| 2012-12-20 | Response to the motion for leave to intervene, Completed on: 2012-12-20 | Bruno Appliance and Furniture, Inc. |
| 2012-12-17 | Motion for leave to intervene, (Book Form), (joint with 34641), Completed on: 2012-12-17 | Canadian Bar Association |
| 2012-12-17 | Motion for leave to intervene, (Book Form), Completed on: 2012-12-17 | Advocates' Society |
| 2012-12-17 | Notice of hearing sent to parties | |
| 2012-12-14 | Motion for leave to intervene, (Book Form), Fee missing - Rec'd on December 20, 2012, Completed on: 2012-12-20 | Attorney General of Ontario |
| 2012-12-13 | Motion for leave to intervene, (joint with 34641), Completed on: 2012-12-13 | Ontario Trial Lawyers Association |
| 2012-11-22 |
Appeal hearing scheduled, 2013-03-26, (To be heard with 34641) Judgment reserved |
|
| 2012-11-19 | Appellant's book of authorities, Table of contents was replaced on February 6, 2013 (2 volumes), Completed on: 2012-11-19 | Bruno Appliance and Furniture, Inc. |
| 2012-11-19 | Appellant's record, (6 volumes), Completed on: 2012-11-19 | Bruno Appliance and Furniture, Inc. |
| 2012-11-19 | Appellant's factum, Completed on: 2012-11-19 | Bruno Appliance and Furniture, Inc. |
| 2012-08-27 | Notice of appeal, Completed on: 2012-08-27 | Bruno Appliance and Furniture, Inc. |
| 2012-07-04 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-06-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-06-29 | Judgment on leave sent to the parties | |
| 2012-06-28 |
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 C52913, 2011 ONCA 764, dated December 5, 2011, is granted with costs in the cause. The appeal is to be heard with Robert Hryniak v. Fred Mauldin, et al. (34641). Granted, with costs in the cause |
|
| 2012-05-14 | All materials on application for leave submitted to the Judges, CJ Ro Mo | |
| 2012-03-09 | Applicant's reply to respondent's argument, Completed on: 2012-03-09 | Bruno Appliance and Furniture, Inc. |
| 2012-03-01 | Book of authorities, (for the reponse) | Robert Hryniak |
| 2012-03-01 | Respondent's response on the application for leave to appeal, Completed on: 2012-03-01 | Robert Hryniak |
| 2012-02-28 | Correspondence received from, Javad Heydary dated Feb 22, 2012 re: filing of the CA order form (fax rec'd Feb 22) | Bruno Appliance and Furniture, Inc. |
| 2012-02-07 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2012-02-03 | Book of authorities | Bruno Appliance and Furniture, Inc. |
| 2012-02-03 | Application for leave to appeal, FIRST APPLICATION - CA order missing, rec'd Feb 13, 2012 (CA order form rec'd Feb 22, 2012), Completed on: 2012-02-13 | Bruno Appliance and Furniture, Inc. |
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 |
|---|---|---|
| Bruno Appliance and Furniture, Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Hryniak, Robert | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Ontario Trial Lawyers Association | Intervener | Active |
| Advocates' Society | Intervener | Active |
| Canadian Bar Association | Intervener | Active |
Counsel
Party: Bruno Appliance and Furniture, Inc.
Counsel
Jeffrey D. Landmann
Michelle Jackson
66 Wellington Street West
Suite 4500, P.O. Box 150
Toronto, Ontario
M5K 1H1
Telephone: (416) 972-9001 Ext: 224
FAX: (416) 972-9940
Email: jheydary@heydary.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Hryniak, Robert
Counsel
Brandon Kain
Moya J. Graham
Suite 5300
Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7756
FAX: (416) 868-0673
Email: sbatner@mccarthy.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Ontario Trial Lawyers Association
Counsel
Suite 200
Toronto, Ontario
M5B 1X3
Telephone: (416) 360-5444
FAX: (416) 365-7702
Email: arouben@bellnet.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Advocates' Society
Counsel
Patricia D.S. Jackson
Crawford G. Smith
1100 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Attorney General of Ontario
Counsel
Kevin Hille
Vanessa Glasser
Christopher P. Thompson
6th Floor- 720 Bay Street
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4953
FAX: (416) 326-6996
Email: malliha.wilson@ontario.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Canadian Bar Association
Counsel
1201 - 1 King Street West
Hamilton, Ontario
L8P 1A4
Telephone: (905) 523-5666
FAX: (905) 523-8098
Email: psweeny@esblawyers.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
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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.
Judgments and orders ? Reasons ? Court of Appeal issuing cost endorsement 17 months after releasing its decision on main appeal and six weeks after Supreme Court of Canada heard appeal on matter and reserved judgment ? Whether appellate courts permitted to release judgments on costs when Supreme Court of Canada is already seized of cost issue and while an appeal on substantive issues is under adjudication before Supreme Court of Canada?
On March 26, 2013, the Supreme Court of Canada heard the appeal of Bruno Appliance and Furniture Inc., v. Robert Hryniak (34645). This Court reserved its decision and no judgment has yet been rendered on this appeal.
On August 7, 2013, the Court received a second leave application relating to the appeal stemming from a recent May 8, 2013 costs endorsement released by the Court of Appeal. This cost endorsement was released six weeks after the Court had heard the appeal and reserved its judgment. The costs endorsement was released 17 months after the Court of Appeal decision on the main appeal.
In its costs endorsement, the Court of Appeal made a number of orders including an order that the Sanderson Order in respect of the costs of the Bruno motion be set aside such that Hryniak is no longer obliged to pay the costs of his co-defendants. The Sanderson Order now makes Bruno responsible for these payments.
Lower court rulings
Ontario Superior Court of Justice
05-CV-285434CM2
Summary judgment granted against Mr. Hryniak
Court of Appeal for Ontario
C52913, 2011 ONCA 764
Appeal allowed; Bruno action ordered to proceed to trial expeditiously
Court of Appeal for Ontario
C52913, 2013 ONCA 307
Appeal heard together with File No. 34641 (Hryniak v. Mauldin)
Costs awarded to Hryniak from Bruno and setting aside of Sanderson Order. Cost endorsement awarding costs to Mauldin group from Hryniak. Parties to return to determine letter of credit issue after release of Supreme Court of Canada decision.
Memorandums of argument on application for leave to appeal
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 filing 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.
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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.
Downloadable PDFs
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