Olympic Towers Ltd. v. Shervale Developments Inc. et al.

[1980] 1 SCR 142 Court SCC Decision date 1979-10-04 English

PartiesOlympic Towers Limited (Plaintiff) Applicant·Shervale Developments Inc. and Douglas Edwards (Defendants) Respondents

Counsel (6)

Morris Kertzer, for the applicant.
Hyman Soloway, Q.C., for the respondents.
David W. Scott, for the Owner, Robert A. Lalonde, in Trust.
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.

Judges Ritchie, Roland Almon; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee

Decision 4–1 Majority (4) · RITCHIE J. (1)

On appeal from Ontario

Subjects Appeal

Majority

The judgment of the Court was delivered orally by

RITCHIE J.

RITCHIE J.—We are all of opinion that this is not a case in which leave to appeal should be

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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.