Case information
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35597
Peter W. G. Carey v. Judith Laiken
(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) |
|---|---|---|
| 2015-04-17 | Appeal closed | |
| 2015-04-17 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-04-17 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-04-16 |
Judgment on the appeal rendered, CJ Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal for Ontario, Number C56104, 2013 ONCA 530, dated August 27, 2013, heard on December 10, 2014, is dismissed with costs. Dismissed, with costs |
|
| 2014-12-24 | Transcript received, (107 pages) | |
| 2014-12-10 | Judgment reserved OR rendered with reasons to follow | |
| 2014-12-10 |
Hearing of the appeal, 2014-12-10, CJ Abe Ro Cro Mo Ka Wa Judgment reserved |
|
| 2014-12-10 | Respondent's condensed book, (Book Form), submitted in Court (14 copies) | Judith Laiken |
| 2014-12-10 | Appellant's condensed book, (Book Form), submitted in Court (14 copies) | Peter W. G. Carey |
| 2014-12-09 | Supplemental document, (Letter Form), Two new authorities, will be included in the appellant's condensed book, Completed on: 2014-12-09, (Electronic version filed on 2014-12-09) | Peter W. G. Carey |
| 2014-11-28 | Notice of appearance, Kevin Toyne and John Philpott will be present | Judith Laiken |
| 2014-11-28 | Notice of appearance, Patricia D. S. Jackson and Rachael Saab will be present | Peter W. G. Carey |
| 2014-10-02 | Notice of hearing sent to parties | |
| 2014-09-10 | Appeal perfected for hearing | |
| 2014-09-09 | Certificate of counsel (attesting to record) | Judith Laiken |
| 2014-09-09 | Respondent's book of authorities, (2 volumes), Completed on: 2014-09-09 | Judith Laiken |
| 2014-09-09 | Respondent's record, Completed on: 2014-09-09 | Judith Laiken |
| 2014-09-09 | Respondent's factum, Completed on: 2014-09-09 | Judith Laiken |
| 2014-09-05 |
Appeal hearing scheduled, 2014-12-10, (previously November 14, 2014) Judgment reserved |
|
| 2014-07-29 | Correspondence (sent by the Court) to, Mr. Jeffrey Beedell, regarding motion to change the filing date of Notice of Appeal. The time to file Appellant's documents is extended to July 15, 2014. | |
| 2014-07-17 | Notice of change of counsel, Patrick Schindler is replaced by Patricia D.S. Jackson and Rachael Pauls of Torys LLP. | Peter W. G. Carey |
| 2014-07-15 | Certificate of counsel (attesting to record) | Peter W. G. Carey |
| 2014-07-15 | Appellant's book of authorities, Completed on: 2014-07-15 | Peter W. G. Carey |
| 2014-07-15 | Appellant's record, (9 volumes), Completed on: 2014-07-15 | Peter W. G. Carey |
| 2014-07-15 | Appellant's factum, Completed on: 2014-07-15 | Peter W. G. Carey |
| 2014-06-20 | Response to miscellaneous motion, (Letter Form), (consent to the motion), Completed on: 2014-06-20 | Judith Laiken |
| 2014-06-20 | Notice of miscellaneous motion, to correct the recorded filing date of the Notice of Appeal from April 17, 2014 to April 22, 2014., Completed on: 2014-06-23, (Printed version filed on 2014-06-20) | Peter W. G. Carey |
| 2014-04-17 | Notice of appeal, Completed on: 2014-04-17 | Peter W. G. Carey |
| 2014-03-27 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2014-03-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-03-21 | Judgment on leave sent to the parties | |
| 2014-03-20 |
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 C56104, 2013 ONCA 530, dated August 27, 2013, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2013-12-23 | All materials on application for leave submitted to the Judges, Abe Ro Mo | |
| 2013-12-09 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2013-12-09 | Peter W. G. Carey |
| 2013-11-27 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-11-27 | Judith Laiken |
| 2013-10-29 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-10-28 | Book of authorities, (Book Form) | Peter W. G. Carey |
| 2013-10-28 | Application for leave to appeal, (Book Form), Completed on: 2013-10-28 | Peter W. G. Carey |
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 |
|---|---|---|
| Carey, Peter W. G. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Laiken, Judith | Respondent | Active |
Counsel
Party: Carey, Peter W. G.
Counsel
Rachael Pauls
Suite 3000, 79 Wellington Street West
P.O. Box 270, TD Centre
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-7323
FAX: (416) 865-7380
Email: tjackson@torys.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Laiken, Judith
Counsel
1800 - 151 Yonge Street
Toronto, Ontario
M5C 2W7
Telephone: (416) 306-2961
FAX: (416) 362-8410
Email: ktoyne@btzlaw.ca
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
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.
Civil procedure - Contempt of court - Whether a judge should be allowed to revisit his or her finding of contempt at the penalty stage of the contempt proceedings - Whether it is necessary to show that an act was deliberately and willfully disobedient in order for it to constitute civil contempt.
The appellant, Mr. Carey, is a lawyer. While acting for one of his clients who was subject to a Mareva injunction obtained by the respondent, Ms. Laiken, he returned certain funds to his client from his trust account. Ms. Laiken and Mr. Carey’s client were involved in protracted litigation and she ultimately obtained judgment against him in the amount of $820,000.00. Mr. Carey’s client eventually went out of business and disappeared. Ms. Laiken brought a contempt motion against Mr. Carey, arguing that by returning the money to his client, he had violated the Mareva injunction which, by its terms, applied to monies held in trust. The motion judge initially found Mr. Carey in contempt and adjourned the matter pursuant to rule 60.11(5) and (8) of the Rules of Civil Procedure. When the matter resumed, the motion judge allowed Mr. Carey to reopen the contempt motion, and she found, on the basis of Mr. Carey’s testimony, that she was not satisfied beyond a reasonable doubt that Mr. Carey had deliberately violated the Mareva order or that his interpretation of it was willfully blind. Accordingly, she set aside her previous order. The Court of Appeal allowed the appeal and reinstated the contempt order for two reasons. First, it found that Mr. Carey should not have been permitted to re-open the finding of contempt. Second, it found that Mr. Carey knew of the Mareva injunction and violated it, and that while he did not desire or knowingly choose to disobey the order, contumacious intent is not an essential element of civil contempt.
Lower court rulings
Ontario Superior Court of Justice
CC-CV187887CM4
See file
Court of Appeal for Ontario
2013 ONCA 530, C56104
See file
Memorandums of argument on application for leave to appeal
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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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