Case information
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38463
C.M. Callow Inc. v. Tammy Zollinger, 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) |
|---|---|---|
| 2021-02-22 | Appeal closed | |
| 2020-12-21 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2020-12-21 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2020-12-18 |
Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Court of Appeal for Ontario, Number C64791, 2018 ONCA 896, dated November 9, 2018, heard on December 6, 2019, is allowed with costs throughout. The order of the Court of Appeal is set aside and the judgment of the trial judge is reinstated. Côté J. dissents. Allowed, with costs |
|
| 2019-12-27 | Transcript received, Joint with 38601 - 139 pages | |
| 2019-12-06 | Judgment reserved OR rendered with reasons to follow | |
| 2019-12-06 |
Hearing of the appeal, 2019-12-06, CJ Abe Mo Ka Côt Br Row Mar Kas Judgment reserved |
|
| 2019-12-06 | Intervener's condensed book, (Book Form) | Canadian Chamber of Commerce |
| 2019-12-06 | Intervener's condensed book, (Book Form) | Canadian Federation of Independent Business |
| 2019-12-06 | Respondent's condensed book, (Book Form) | Tammy Zollinger |
| 2019-12-06 | Appellant's condensed book, (Book Form) | C.M. Callow Inc. |
| 2019-11-27 | Appeal perfected for hearing | |
| 2019-11-25 | Notice of appearance, (Letter Form), Anne Tardif, Rodrigo Escayola and David Plotkin will appear before the court. Ms. Tardif will present oral arguments. | Tammy Zollinger |
| 2019-11-25 | Correspondence received from, (Letter Form), 3 reserved seats requested | C.M. Callow Inc. |
| 2019-11-25 | Correspondence received from, (Letter Form), 4 reserved seats requested | Tammy Zollinger |
| 2019-11-22 | Notice of appearance, (Letter Form), Brandon Kain, Adam Goldenberg, Vivian Ntiri and Miriam Vale Peters will appear before the court. Mr. Kain and Goldenberg will present oral arguments. | C.M. Callow Inc. |
| 2019-11-22 | Notice of appearance, (Letter Form), Catherine Beagan Flood and Nicole Henderson will appear before the court. Ms. Beagan Flood will present oral arguments. | Canadian Federation of Independent Business |
| 2019-11-22 | Reply factum on appeal, (Book Form), Completed on: 2019-11-22 | Tammy Zollinger |
| 2019-11-22 | Reply factum on appeal, (Book Form), Completed on: 2019-11-22 | C.M. Callow Inc. |
| 2019-11-21 | Correspondence received from, (Letter Form), 1 seat requested | Canadian Chamber of Commerce |
| 2019-11-21 |
Notice of appearance, (Letter Form), Joint with 38601 Jeremy Opolsky and Winston Gee will appear before the court. Mr. Opolsky will present oral arguments. |
Canadian Chamber of Commerce |
| 2019-11-19 | Respondent's record, (Book Form), Completed on: 2019-11-19 | Tammy Zollinger |
| 2019-11-19 | Certificate of counsel (attesting to record) | Tammy Zollinger |
| 2019-11-19 | Respondent's book of authorities, (Book Form), Completed on: 2019-11-19 | Tammy Zollinger |
| 2019-11-19 | Respondent's factum, (Book Form), Completed on: 2019-11-19 | Tammy Zollinger |
| 2019-11-18 | Intervener's factum, (Book Form), Jointly with 38601, Completed on: 2019-11-18 | Canadian Chamber of Commerce |
| 2019-11-18 | Intervener's book of authorities, (Book Form), Completed on: 2019-11-18 | Canadian Federation of Independent Business |
| 2019-11-18 | Intervener's factum, (Book Form), Completed on: 2019-11-18 | Canadian Federation of Independent Business |
| 2019-11-05 | Order on motion for leave to intervene, by ABELLA J. | |
| 2019-11-05 |
Decision on the motion for leave to intervene, Abe, UPON APPLICATION by the Canadian Chamber of Commerce for leave to intervene in the appeals C.M. Callow Inc. v. Tammy Zollinger, et al. (38463) and Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District (38601); AND UPON APPLICATION by the Canadian Federation of Independent Business for leave to intervene in the appeal C.M. Callow Inc. v. Tammy Zollinger, et al. (38463); AND UPON APPLICATION by the Attorney General of British Columbia for leave to intervene in the appeal Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District (38601); AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted and the said three (3) interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length. The deadline set by the Registrar on July 23, 2019, is varied and the interveners shall serve and file their factums and books of authorities, if any, on or before November 18, 2019. The said three (3) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The appellants and respondents in both appeals are each granted permission to serve and file a single factum in reply to all interventions not to exceed five (5) pages in length on or before November 22, 2019, at 3 p.m. EST. 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 resulting from their interventions. Granted |
|
| 2019-11-05 | Submission of motion for leave to intervene, Abe | |
| 2019-10-28 | Response to the motion for leave to intervene, (Letter Form), to both motions for leave to intervene, Completed on: 2019-10-28 | Tammy Zollinger |
| 2019-10-24 | Response to the motion for leave to intervene, (Letter Form), to both motions for leave to intervene, Completed on: 2019-10-24 | C.M. Callow Inc. |
| 2019-10-22 | Correspondence received from, Ontario Superior Court Order of 2017-11-27 | C.M. Callow Inc. |
| 2019-10-22 | Notice of name, (Letter Form) | Canadian Chamber of Commerce |
| 2019-10-22 | Motion for leave to intervene, (Book Form), Joint with 38601, Completed on: 2019-10-22 | Canadian Chamber of Commerce |
| 2019-10-22 | Notice of name, (Letter Form) | Canadian Federation of Independent Business |
| 2019-10-22 | Motion for leave to intervene, (Book Form), Completed on: 2019-10-22 | Canadian Federation of Independent Business |
| 2019-10-01 | Certificate (on limitations to public access), (Letter Form), 23A | C.M. Callow Inc. |
| 2019-10-01 | Certificate of counsel (attesting to record), (Letter Form), 24A | C.M. Callow Inc. |
| 2019-10-01 | Appellant's record, (Book Form), (3 volumes), Completed on: 2019-10-01 | C.M. Callow Inc. |
| 2019-10-01 | Appellant's book of authorities, (Book Form), (2 volumes), Completed on: 2019-10-01 | C.M. Callow Inc. |
| 2019-10-01 | Appellant's factum, (Book Form), Modified copy received (2019-11-29)., Completed on: 2019-10-01 | C.M. Callow Inc. |
| 2019-08-27 | Notice of appeal, (Letter Form), Completed on: 2019-08-27 | C.M. Callow Inc. |
| 2019-08-13 | Notice of hearing sent to parties | |
| 2019-07-31 |
Appeal hearing scheduled, 2019-12-06, The schedule for serving and filing the material is set as follows: The notice of appeal shall be served and filed on or before August 27, 2019. The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before October 1, 2019. 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 October 22, 2019. The appellant and respondents shall serve and file their response(s), if any, to the motions for leave to intervene on or before October 29, 2019. Replies to any responses to the motions for leave to intervene shall be served and filed on or before October 31, 2019. Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before November 22, 2019. The respondents’ record, factum and book of authorities, if any, shall be served and filed on or before November 19, 2019. Judgment reserved |
|
| 2019-07-23 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2019-06-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-06-28 | Judgment on leave sent to the parties | |
| 2019-06-27 |
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 C64791, 2018 ONCA 896, dated November 9, 2018, is granted with costs in the cause. The schedule for serving and filing materials will be set by the Registrar. Granted, with costs in the cause |
|
| 2019-04-29 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-02-14 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-02-14 | C.M. Callow Inc. |
| 2019-02-06 | Notice of name, (Letter Form) | Tammy Zollinger |
| 2019-02-06 | Certificate (on limitations to public access), (Letter Form) | Tammy Zollinger |
| 2019-02-06 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-02-06 | Tammy Zollinger |
| 2019-01-09 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2019/01/09 | |
| 2019-01-04 | Book of authorities, (Book Form), Completed on: 2019-01-04 | C.M. Callow Inc. |
| 2019-01-04 | Certificate (on limitations to public access), (Letter Form) | C.M. Callow Inc. |
| 2019-01-04 | Notice of name, (Letter Form) | C.M. Callow Inc. |
| 2019-01-04 |
Application for leave to appeal, (Book Form), Missing: -Signed decision of the ONSC -Final Order of the ONSC -Signed decision of the ONCA -Final Order of the ONCA ALL REC'D 2019/01/25, Completed on: 2019-01-25 |
C.M. Callow 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 |
|---|---|---|
| C.M. Callow Inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Zollinger, Tammy | Respondent | Active |
| Condominium Management Group, Carleton Condominium Corporation No. 703, Carleton Condominium Corporation No. 726, Carleton Condominium Corporation No. 742, Carleton Condominium Corporation No. 765, Carleton Condominium Corporation No. 783 | Respondent | Active |
| Carleton Condominium Corporation No. 791, Carleton Condominium Corporation No. 806, Carleton Condominium Corporation No. 826, Carleton Condominium Corporation No. 839 and Carleton Condominium Corporation No. 877 | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Federation of Independent Business | Intervener | Active |
| Canadian Chamber of Commerce | Intervener | Active |
Counsel
Party: C.M. Callow Inc.
Counsel
Adam Goldenberg
Miriam Vale Peters
Suite 5300
Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7821
FAX: (416) 868-0673
Email: bkain@mccarthy.ca
Agent
2323 Riverside Drive
Suite B0001
Ottawa, Ontario
K1H 8L5
Telephone: (613) 733-3209
FAX: (613) 523-2924
Email: mvp@kmhlawyers.ca
Party: Zollinger, Tammy
Counsel
Anne Tardif
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 783-8684
FAX: (613) 788-3622
Email: rodrigue.escayola@gowlingwlg.com
Party: Condominium Management Group, Carleton Condominium Corporation No. 703, Carleton Condominium Corporation No. 726, Carleton Condominium Corporation No. 742, Carleton Condominium Corporation No. 765, Carleton Condominium Corporation No. 783
Counsel
Anne Tardif
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 783-8684
FAX: (613) 788-3622
Email: rodrigue.escayola@gowlingwlg.com
Party: Carleton Condominium Corporation No. 791, Carleton Condominium Corporation No. 806, Carleton Condominium Corporation No. 826, Carleton Condominium Corporation No. 839 and Carleton Condominium Corporation No. 877
Counsel
Anne Tardif
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 783-8684
FAX: (613) 788-3622
Email: rodrigue.escayola@gowlingwlg.com
Party: Canadian Federation of Independent Business
Counsel
Nicole Henderson
Christopher DiMatteo
199 Bay Street
Suite 4000, Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2269
FAX: (416) 863-2653
Email: cathy.beaganflood@blakes.com
Agent
340 Albert Street
Suite 1750, Constitution Square
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: alexandra.kozlov@blakes.com
Party: Canadian Chamber of Commerce
Counsel
Winston Gee
3000 - 79 Wellington Street West
TD Centre, South Tower
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-8117
FAX: (416) 865-7380
Email: jopolsky@torys.com
Summary
Keywords
Contracts - Commercial contracts - Performance - Duty of honest performance - Active non-disclosure - Whether the condos’ active non-disclosure breached a duty of good faith - For what damages could the respondents be held liable - Bhasin v Hrynew, 2014 SCC 71.
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.
C.M. Callow Inc. (owned and operated by Christopher Callow) provided maintenance services to ten condominium corporations. Those combined corporations formed a Joint Use Committee (JUC) to make decisions regarding joint and shared assets of the corporations and, in April 2012, entered into two two-year maintenance contracts with Mr. Callow. One contract covered summer maintenance work and the other covered winter maintenance. The winter contract, which ran from November 2012 to April 2014, contained a provision allowing for early termination by the JUC on 10 days’ notice. In March or April of 2013, the JUC decided to terminate the winter contract, but did not provide Mr. Callow with notice of termination. During the summer of 2013 Mr. Callow, of his own volition, performed extra “freebie” landscaping work in the hope that this would act as an incentive for the JUC to renew the contracts. In September of 2013 the JUC gave notice it intended to terminate the contracts. Mr. Callow sued for breach of contract. The Ontario Superior Court of Justice determined that the JUC breached their contractual duty of honest performance by acting in bad faith. The Court of Appeal allowed the appeal and determined that the trial judge improperly expanded the duty of honest performance. Relying on Bhasin v Hrynew, 2014 SCC 71, the Court of Appeal found that the JUC owed Mr. Callow nothing beyond the 10-day formal notice period and that failure to provide notice on a more timely basis was not in itself evidence of bad faith. The Court of Appeal emphasized that there is no unilateral duty to disclose.
Lower court rulings
Ontario Superior Court of Justice
13-58903, 2017 ONSC 7095
Finding of breach of contract by acting in bad faith.
Court of Appeal for Ontario
2018 ONCA 896, C64791
Appeal allowed.
Memorandums of argument on application for leave to appeal
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Downloadable PDFs
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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.
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