Supreme Court of Canada
Olympic Towers Ltd. v. Shervale Developments Inc. et al., [1980] 1 S.C.R. 142
Date: 1979-10-04
Olympic Towers Limited (Plaintiff) Applicant;
and
Shervale Developments Inc. and Douglas Edwards (Defendants) Respondents.
1979: October 4.
Present: Ritchie, Pigeon, Dickson, Beetz and Estey JJ.
ON AN APPLICATION FOR LEAVE TO APPEAL
Appeal—Abuse of judicial process—Motion for leave to appeal—Proceedings taken as delaying tactics—Proceedings taken against good faith—Misuse of judicial procedures by applicant—Reference to Court of Appeal for consideration as to what action may be required.
Appeal—Motion for leave to appeal—Agency—Fiduciary duty—Res judicata—Failure to raise all issues—Whether further litigation permissible—Misuse of judicial procedures—Reference to Court of Appeal.
MOTION FOR LEAVE TO APPEAL from a judgment of the Court of Appeal for Ontario allowing in part an appeal by the plaintiff [i.e. allowing plaintiff to continue its action in damages but dismissing the action for the property] from a judgment of O’Leary J. at first instance dismissing by way of interlocutory application an action for damages and for the property. Application dismissed with costs; reference to the Court of Appeal for Ontario for such action as may be required.
Morris Kertzer, for the applicant.
Hyman Soloway, Q.C., for the respondents.
David W. Scott, for the Owner, Robert A. Lalonde, in Trust.
The judgment of the Court was delivered orally by
RITCHIE J.—We are all of opinion that this is not a case in which leave to appeal should be
[Page 143]
granted—the application is accordingly dismissed with costs.
This proceeding has given this Court much concern entailing as it has a misuse of judicial procedures. Considering all the circumstances, we have determined that the actions of the applicant have been such as to require that this Court forward to the Court of Appeal of Ontario the documents filed herein by all parties for consideration by that Court as to what action, if any, this conduct may require.
Application dismissed with costs.
Solicitor for the plaintiff, applicant: Morris Kertzer, Ottawa.
Solicitors for the defendants, respondents: Soloway, Wright, Houston & Co., Ottawa.
Solicitors for the Owner, Robert A. Lalonde, in Trust: Scott & Aylen, Ottawa.
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