Case information
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35813
Celestica Inc., et al. v. Trustees of the Millwright Regional Council of Ontario Pension Trust Fund, 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) |
|---|---|---|
| 2016-06-16 | Appeal closed | |
| 2016-06-16 | Discontinuance of the bill of costs | Celestica Inc. |
| 2016-06-07 | Bill of costs, Completed on: 2016-06-07 | Celestica Inc. |
| 2015-12-07 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-12-07 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-12-04 |
Judgment on the appeal rendered, CJ Ro Cro Mo Ka Ga Côt, The appeal from the judgment of the Court of Appeal for Ontario, Number C56252, 2014 ONCA 90, dated February 3, 2014, heard on February 9, 2015, is allowed with costs throughout. Moldaver, Karakatsanis and Gascon JJ. are dissenting. Allowed, with costs |
|
| 2015-04-29 | Correspondence received from, (Letter Form), cc. to all parties, (Electronic version filed on 2015-04-29) | Trustees of the Millwright Regional Council of Ontario Pension Trust Fund |
| 2015-04-29 | Correspondence received from, (Letter Form), cc: to all parties, (Electronic version filed on 2015-04-29) | Celestica Inc. |
| 2015-04-24 | Correspondence received from, (Letter Form), Mr. Baert re: new authority in New Orleans Employees Retirement System v. Celestica Inc., (Electronic version filed on 2015-04-28) | Trustees of the Millwright Regional Council of Ontario Pension Trust Fund |
| 2015-02-23 | Transcript received, (207 pages) | |
| 2015-02-09 | Judgment reserved OR rendered with reasons to follow | |
| 2015-02-09 | Respondent's condensed book, Submitted in Court (14 copies) | Trustees of the Millwright Regional Council of Ontario Pension Trust Fund |
| 2015-02-09 | Appellant's condensed book, Submitted in Court (14 copies) | Celestica Inc. |
| 2015-02-09 |
Hearing of the appeal, 2015-02-09, CJ Ro Cro Mo Ka Ga Côt Judgment reserved |
|
| 2015-02-05 | Supplemental document, Additional Supplemental Book of Authorities, Completed on: 2015-02-05 | Trustees of the Millwright Regional Council of Ontario Pension Trust Fund |
| 2015-02-04 | Correspondence received from, Marie-France Major dated 2015-02-04. Re: Time for oral argument | Trustees of the Millwright Regional Council of Ontario Pension Trust Fund |
| 2015-02-04 | Supplemental document, Supplemental book of authorities, Completed on: 2015-02-04 | Trustees of the Millwright Regional Council of Ontario Pension Trust Fund |
| 2015-02-03 | Appeal perfected for hearing | |
| 2015-02-03 |
Order by, (Joint with 35807 & 35811), Ga, FURTHER TO THE ORDER dated December 17, 2014, granting leave to intervene to the Canadian Foundation for Advancement of Investor Rights, the Ontario Securities Commission, the Shareholder Association for Research and Education and the Insurance Bureau of Canada; IT IS HEREBY FURTHER ORDERED THAT: 1. The Insurance Bureau of Canada is granted permission to present oral argument not exceeding five (5) minutes at the hearing of these appeals. 2. The factums of the Canadian Foundation for Advancement of Investor Rights, the Ontario Securities Commission and the Shareholder Association for Research and Education will be considered without the need for oral argument. Allowed in part |
|
| 2015-02-03 |
Appeal hearing scheduled, 2015-02-09, Early start 9 a.m. (to be heard with 35807 & 35811) Judgment reserved |
|
| 2015-01-26 | Intervener's book of authorities, Joint with 35807 & 35811, Completed on: 2015-01-26 | Ontario Securities Commission |
| 2015-01-26 | Intervener's factum, Joint with 35807 & 35811, Completed on: 2015-01-26 | Ontario Securities Commission |
| 2015-01-26 | Intervener's book of authorities, Joint with 35807 & 35811, Completed on: 2015-01-26 | Canadian Foundation for Advancement of Investor Rights |
| 2015-01-26 | Intervener's factum, Joint with 35807 & 35811, Completed on: 2015-01-26 | Canadian Foundation for Advancement of Investor Rights |
| 2015-01-23 | Notice of appearance, Kirk Baert and Celeste Poltak will be present at the hearing. | Trustees of the Millwright Regional Council of Ontario Pension Trust Fund |
| 2015-01-22 | Correspondence received from, 3 reserved seats requested | Trustees of the Millwright Regional Council of Ontario Pension Trust Fund |
| 2015-01-12 | Respondent's book of authorities, (3 volumes), Completed on: 2015-01-12 | Trustees of the Millwright Regional Council of Ontario Pension Trust Fund |
| 2015-01-12 | Certificate of counsel (attesting to record) | Trustees of the Millwright Regional Council of Ontario Pension Trust Fund |
| 2015-01-12 | Respondent's record, Completed on: 2015-01-12 | Trustees of the Millwright Regional Council of Ontario Pension Trust Fund |
| 2015-01-12 |
Notice of appearance, Nigel Campbell, Andrea Laing and Ryan Morris will be present at the hearing. ***6 reserved seats requested |
Celestica Inc. |
| 2015-01-12 | Respondent's factum, Completed on: 2015-01-12 | Trustees of the Millwright Regional Council of Ontario Pension Trust Fund |
| 2014-12-17 | Order on motion for leave to intervene, (by Gascon J.) | |
| 2014-12-17 |
Decision on the motion for leave to intervene, (joint with 35807 and 35811), Ga, UPON APPLICATIONS by Photon Consulting LLC, Rogol Energy Consulting LLC and Michael Rogol for an extension of time to serve and file a motion for leave to intervene and for leave to intervene in the above appeals; AND UPON APPLICATIONS by the Canadian Foundation for Advancement of Investor Rights, Mr. St. Clair Pennyfeather, the Ontario Securities Commission, Mr. John P. Walsh and Timminco Limited for leave to intervene in the above appeals; AND UPON APPLICATIONS by the Shareholder Association for Research and Education and the Insurance Bureau of Canada for leave to intervene in the appeal Canadian Imperial Bank of Commerce et al. v. Howard Green et al. (35807); AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time to serve and file the motion for leave to intervene of Photon Consulting LLC, Rogol Energy Consulting LLC and Michael Rogol is granted. The motions for leave to intervene of the Canadian Foundation for Advancement of Investor Rights and the Ontario Securities Commission are granted, and the said two (2) interveners shall be entitled to each serve and file a single factum common to all three appeals not to exceed ten (10) pages in length, on or before January 26, 2015. The motions for leave to intervene of the Shareholder Association for Research and Education and the Insurance Bureau of Canada are granted and the said two (2) interveners shall be entitled to each serve and file a single factum, not to exceed ten (10) pages in length, on or before January 26, 2015 in the appeal Canadian Imperial Bank of Commerce et al. v. Howard Green et al. (35807). The motions for leave to intervene of Photon Consulting LLC, Rogol Energy Consulting LLC and Michael Rogol, as well as Mr. St. Clair Pennyfeather, Mr. John P. Walsh and Timminco Limited are dismissed. 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. The requests of the respondents in the appeal Canadian Imperial Bank of Commerce et al. v. Howard Green et al. (35807) and of the appellants in the appeal Celestica Inc. et al. v. Trustees of the Millwright Regional Council of Ontario Pension Trust Fund (35813) to serve and file facta in response to the interveners’ facta are denied. Allowed in part |
|
| 2014-12-17 | Submission of motion for leave to intervene, Ga | |
| 2014-12-10 | Certificate (if inappropriate for a judge to take part in adjudication), Conflict with Justice Côté | Celestica Inc. |
| 2014-12-10 | Notice of hearing sent to parties | |
| 2014-12-08 | Response to the motion for leave to intervene, (Letter Form), from Nancy Brooks dated December 8, 2014 re: response to motions filed by the Canadian Foundation, the OSC, Mr. Pennyfeather, Timminco and Mr. Walsh, Completed on: 2014-12-08, (Printed version filed on 2014-12-08) | Celestica Inc. |
| 2014-12-04 | Motion for leave to intervene, (Book Form), Joint with 35807 & 35811 - Motion for extension of time also included, Completed on: 2014-12-04, (Electronic version due on 2014-12-11) | Photon Consulting LLC, Rogol Energy Consulting LLC and Michael Rogol |
| 2014-12-04 | Response to the motion for leave to intervene, (Letter Form), to all interveners (cc. to all parties), Completed on: 2014-12-04, (Electronic version filed on 2014-12-04) | Trustees of the Millwright Regional Council of Ontario Pension Trust Fund |
| 2014-12-01 | Notice of name | Timminco Limited |
| 2014-12-01 | Motion for leave to intervene, (Book Form), (joint with 35807 and 35811), Completed on: 2014-12-01, (Electronic version filed on 2014-12-01) | Timminco Limited |
| 2014-12-01 | Motion for leave to intervene, (Book Form), 2 volumes (joint with 35807 and 35811), Completed on: 2014-12-01, (Printed version filed on 2014-12-04) | John P. Walsh |
| 2014-12-01 | Motion for leave to intervene, (Book Form), (joint with 35807 and 35811), Completed on: 2014-12-01, (Electronic version due on 2014-12-08) | Ontario Securities Commission |
| 2014-12-01 | Motion for leave to intervene, (Book Form), (2 volumes), Completed on: 2014-12-01, (Electronic version filed on 2014-12-01) | St. Clair Pennyfeather |
| 2014-11-28 | Motion for leave to intervene, (joint with 35807 and 35811), Completed on: 2014-11-28, (Electronic version filed on 2014-11-28) | Canadian Foundation for Advancement of Investor Rights |
| 2014-11-10 | Certificate of counsel (attesting to record) | Celestica Inc. |
| 2014-11-10 | Appellant's book of authorities, Completed on: 2014-11-10 | Celestica Inc. |
| 2014-11-10 | Appellant's record, (2 volumes), Completed on: 2014-11-10 | Celestica Inc. |
| 2014-11-10 | Appellant's factum, Completed on: 2014-11-10 | Celestica Inc. |
| 2014-10-20 | Correspondence received from, Nancy Brooks re: date of hearing | Celestica Inc. |
| 2014-10-17 | Correspondence received from, Kirk M. Baert re: date of hearing, original received October 21, 2014. | Trustees of the Millwright Regional Council of Ontario Pension Trust Fund |
| 2014-10-10 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2014-10-10 |
Order by, (the original signed order can be found in case file #35807), CJ, IT IS HEREBY ORDERED THAT: 1. The appellants’ records, factums and books of authorities shall be served and filed on or before November 10, 2014. 2. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before December 1, 2014. 3. The appellants and respondents shall serve and file their responses, if any, to the motions for leave to intervene on or before December 9, 2014. 4. Replies to any responses to the motions for leave to intervene shall be served and filed on or before December 12, 2014. 5. The respondents’ records, factums and books of authorities shall be served and filed on or before January 12, 2015. 6. Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before January 26, 2015. Granted |
|
| 2014-09-08 | Notice of appeal, Completed on: 2014-09-08, (Electronic version filed on 2014-09-08) | Celestica Inc. |
| 2014-08-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-08-08 | Judgment on leave sent to the parties | |
| 2014-08-07 |
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 C56252, 2014 ONCA 90, dated February 3, 2014, is granted with costs in the cause. This case is to be heard with Canadian Imperial Bank of Commerce et al. v. Howard Green et al. (35807) and IMAX Corporation et al. v. Marvin Neil Silver et al. (35811). Granted, with costs in the cause |
|
| 2014-07-07 | All materials on application for leave submitted to the Judges, LeB Ka Ga | |
| 2014-05-12 | Book of authorities | Celestica Inc. |
| 2014-05-12 | Applicant's reply to respondent's argument, Completed on: 2014-05-12 | Celestica Inc. |
| 2014-05-06 | Certificate (on limitations to public access), (Printed version filed on 2014-05-06) | Trustees of the Millwright Regional Council of Ontario Pension Trust Fund |
| 2014-05-02 | Correspondence received from, Marie-France Major dated 2014-05-05. Re: Correction to the style of cause | Trustees of the Millwright Regional Council of Ontario Pension Trust Fund |
| 2014-05-02 | Book of authorities | Trustees of the Millwright Regional Council of Ontario Pension Trust Fund |
| 2014-05-02 | Respondent's response on the application for leave to appeal, Completed on: 2014-05-02 | Trustees of the Millwright Regional Council of Ontario Pension Trust Fund |
| 2014-04-22 | Correspondence received from, Ryan Morris dated April 17, 2014. Re: Return of the C/A order form | Celestica Inc. |
| 2014-04-07 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order, File opened on 2014-04-07 | |
| 2014-04-04 | Book of authorities | Celestica Inc. |
| 2014-04-04 | Certificate (on limitations to public access), (Electronic version filed on 2014-04-04) | Celestica Inc. |
| 2014-04-04 | Notice of name, (Electronic version filed on 2014-04-04) | Celestica Inc. |
| 2014-04-04 | Application for leave to appeal, Missing final C/A order - Rec'd on 2014-05-02 (3 volumes), Completed on: 2014-04-04 | Celestica 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 |
|---|---|---|
| Celestica Inc. | Appellant | Active |
| Stephen W. Delaney and Anthony P. Puppi | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Trustees of the Millwright Regional Council of Ontario Pension Trust Fund | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Celestica Inc. | Appellant | Active |
| Stephen W. Delaney and Anthony P. Puppi | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Berzi, Nabil | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Celestica Inc. | Appellant | Active |
| Stephen W. Delaney and Anthony P. Puppi | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Xing, Huacheng | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Foundation for Advancement of Investor Rights | Intervener | Active |
| Ontario Securities Commission | Intervener | Active |
Counsel
Party: Celestica Inc.
Counsel
Andrea Laing
Ryan A. Morris
Box 25, Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2429
FAX: (416) 863-2653
Email: nigel.campbell@blakes.com
Agent
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: Stephen W. Delaney and Anthony P. Puppi
Counsel
Andrea Laing
Ryan A. Morris
Box 25, Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2429
FAX: (416) 863-2653
Email: nigel.campbell@blakes.com
Agent
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: Trustees of the Millwright Regional Council of Ontario Pension Trust Fund
Counsel
Celeste B. Poltak
Jonathan Bida
Marie-France Major
900 - 20 Queen St. W.
Box 52
Toronto, Ontario
M5H 3R3
Telephone: (416) 595-2092
FAX: (416) 204-2889
Email: kmbaert@kmlaw.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: Berzi, Nabil
Counsel
Celeste Poltak
Michael Mazzuca
900 - 20 Queen St. W.
Box 52
Toronto, Ontario
M5H 3R3
Telephone: (416) 595-2092
FAX: (416) 204-2889
Email: kmbaert@kmlaw.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: Xing, Huacheng
Counsel
Celeste Poltak
Michael Mazzuca
900 - 20 Queen St. W.
Box 52
Toronto, Ontario
M5H 3R3
Telephone: (416) 595-2092
FAX: (416) 204-2889
Email: kmbaert@kmlaw.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: Canadian Foundation for Advancement of Investor Rights
Counsel
Denise Cooney
501-250 University Ave
Toronto, Ontario
M5H 3E5
Telephone: (416) 646-4329
FAX: (416) 646-4301
Email: marg.waddell@paliareroland.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Ontario Securities Commission
Counsel
Amanda Heydon
20, Queen Street West
Toronto, Ontario
M5H 3S8
Telephone: (416) 595-8782
FAX: (416) 593-8321
Email: aperschy@osc.gov.on.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.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.
Limitation of actions - Legislation - Interpretation - Civil procedure - Class actions - Securities - Statutory claim - Statement of claim in proposed class action indicating that plaintiffs will seek order granting leave to assert statutory cause of action for misrepresentation provided by s. 138.3 of Part XXIII.1 of Ontario Securities Act - Leave motion brought after expiry of three-year limitation period set out in s. 138.14 of Securities Act - Whether Court of Appeal erred in concluding that the test for overturning Sharma v. Timminco, 2012 ONCA 107, had been satisfied - Whether Court of Appeal erred in its determination as to when the statutory limitation period under Part XXIII.1 stopped running - Whether the special circumstances doctrine is available to relieve the plaintiffs from compliance with the Part XXIII.1 limitation period - Securities Act, R.S.O. 1990, c. S.5, ss. 138.3, 138.8, 138.14 - Class Proceedings Act, 1992, S.O. 1992, c. 6, s. 28.
In this class action proceeding, the representative plaintiffs are claiming damages under Part XXIII.1 of the Ontario Securities Act (“OSA”) for misrepresentations alleged to have been made in respect of shares trading in the secondary market. In addition to common law negligent misrepresentation claims, they make a claim based on the new statutory cause of action found at s. 138.3 of the OSA, which can only be commenced with leave of the court and is subject to a three-year limitation period. The plaintiffs brought a motion seeking leave beyond the three-year limitation period. On motion by the defendants to strike the statutory claims as being time-barred in view of the Ontario Court of Appeal’s 2012 decision in Sharma v. Timminco, 2012 ONCA 107, the motions judge held that there were special circumstances justifying an order granting leave nunc pro tunc despite the expiry of the limitation period. On appeal by the defendants, a five-judge panel of the Court of Appeal concluded that the decision in Timminco should be overturned, and therefore that the action was not statute-barred.
Lower court rulings
Ontario Superior Court of Justice
11-CV-424069CP, 2012 ONSC 6083
Motion by applicants to strike portions of the respondents’ Fresh as Amended Statement of Claim dismissed in part; proposed class definition amended; order that, if respondents granted leave to proceed under s. 138.8 of the Securities Act, there are special circumstances justifying an order granting leave nunc pro tunc, despite the expiry of the limitation period under s. 138.14
Court of Appeal for Ontario
C56252, 2014 ONCA 90
Appeal by applicants dismissed: the respondents’ claims under Part XXIII.1 of the Securities Act in their action are not statute-barred
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.
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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.
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