Docket

22946

Montague Brown v. Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways

(British Columbia) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
1997-09-09 Appeal closed
1994-07-11 Correspondence (sent by the Court) to, sent to Court of Appeal of BC enclosing their records
1994-04-08 Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON)
1994-04-07 Formal judgment sent to the registrar of the court of appeal and all parties, British columbia (Vancouver)
1994-04-07 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1994-04-07 Copy of formal judgment being prepared, A.G. of Canada (Ottawa, ON)
1994-03-17 Judgment on the appeal rendered, LaF So G Co McL Ia Ma, The appeal is dismissed with costs if demanded.
Dismissed, no order as to costs
1994-03-17 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON)
1994-03-17 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1994-03-17 Notice of deposit of judgment sent to all parties, A.G. of Canada (Ottawa, ON)
1993-11-15 General proceeding, transcripts received and distributed to the judges (186 pages - joint with 22915)
1993-11-08 Hearing of the appeal, 1993-11-08, heard together with 22915, LaF So G Co McL Ia Ma
Decision reserved
1993-11-08 Supplemental document, 9 copies of RESPONDENT'S SUPPLEMENTAL BOOK OF AUTHORITIES (GIVEN IN COURT BY THE RESPONDENT) Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways
1993-11-08 General proceeding, 8 copies of REPORTS OF CASES (GIVEN IN COURT BY THE A.G. CANADA - JOINT WITH 22915) Attorney General of Canada
1993-11-08 General proceeding, 8 copies of Brown - v - Queen (GIVEN IN COURT BY THE APPELLANT) Montague Brown
1993-11-04 Reply factum on appeal, 24 copies (REPLY FACTUM OF THE APPELLANT TO THE SUPPLEMENTAL FACTUM OF THE RESPONDENT)(see order dated Oct. 27, 1993), with service Montague Brown
1993-11-04 Book of authorities, 10 copies (AUTHORITIES OF THE REPLY FACTUM OF THE APPELLANT), with service Montague Brown
1993-11-03 Order on motion to extend time, to file intervener's factum to Oct 8/93
1993-11-03 Order on miscellaneous motion, re: supplemental factum filed by respondent and a reply by the appellant
1993-11-03 Decision on motion to extend time, to file its factum to Oct. 8/93, with service, Reg
Granted, no order as to costs
1993-11-03 Hearing of motion to extend time, 1993-11-03, to file its factum to Oct. 8/93, with service, Reg
1993-11-03 Submission of motion to extend time, 1993-11-03, to file its factum to Oct. 8/93, with service, Reg
1993-11-02 General proceeding, 10 copies of Occupiers Liability Act Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways
1993-11-02 Correspondence (sent by the Court) to, from Burke-Robertson; re: Mr. William A. Pearce, Q.C. and Thomas H. MacLachlan will appear at the hearing
1993-11-02 Correspondence (sent by the Court) to, from Burke-Robertson re: counsel appearing at the hearing of the appeal
1993-11-01 Response to motion to extend time, to file the A.G.Canada's factum by the respondent (1 copy) Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways
1993-11-01 Response to motion to extend time, to file the A.G.Canada's factum by the appellant (1 copy) Montague Brown
1993-11-01 Affidavit, to file the A.G.Canada's factum (Donald J. Rennie) (1 copy), with service Attorney General of Canada
1993-11-01 Motion to extend time, to file the A.G.of Canada's factum to Oct. 8, 93 (1 copy), with service Attorney General of Canada
1993-10-28 Supplemental document, 24 copies of factum, with service Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways
1993-10-27 Affidavit, of Robert D. Gibbens in response to the motion to file a supplemental factum Montague Brown
1993-10-27 Decision on miscellaneous motion, re: respondent's supplemental factum, a reply by the appellant may be served and filed as promptly as possible, Ia
Granted, no order as to costs
1993-10-27 Hearing of miscellaneous motion, 1993-10-27, re: respondent's supplemental factum, a reply by the appellant may be served and filed as promptly as possible, Ia
1993-10-27 Submission of miscellaneous motion, 1993-10-27, re: respondent's supplemental factum, a reply by the appellant may be served and filed as promptly as possible, Ia
1993-10-26 Book of authorities, 10 copies (JOINT) Montague Brown
1993-10-22 Correspondence (sent by the Court) to, of Mr. Burke-Robertson enclosing a copy of the Crown Proceeeding Act and the Occupiers Liability Act for the convenience of the judge
1993-10-19 Response to the motion for leave to intervene, of the Attorney General of Ontario Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways
1993-10-19 Decision on motion to extend time, (joint with the motion to intervene and to abridge the time), with service, Ia
Dismissed, no order as to costs
1993-10-19 Hearing of motion to extend time, 1993-10-19, (joint with the motion to intervene and to abridge the time), with service, Ia
1993-10-19 Submission of motion to extend time, 1993-10-19, (joint with the motion to intervene and to abridge the time), with service, Ia
1993-10-19 Decision on the motion for leave to intervene, (joint with motion to extend time and to abridge the time), with service, Ia
Dismissed, no order as to costs
1993-10-19 Hearing of motion for leave to intervene, 1993-10-19, (joint with motion to extend time and to abridge the time), with service, Ia
1993-10-19 Submission of motion for leave to intervene, 1993-10-19, (joint with motion to extend time and to abridge the time), with service, Ia
1993-10-19 Affidavit, permitting the respondent to file a supplemental factum; W. Charles Kent Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways
1993-10-19 Affidavit, permitting the respondent to file a supplemental factum; William A. Pearce, Q.C. Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways
1993-10-19 Notice of miscellaneous motion, permitting the respondent to file a supplemental factum, with service Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways
1993-10-15 Affidavit, of Thomas H. Wickett to abridge the time to hear the motions to intervene and to extend the time (same affidavit of the motions to intervene and to extend the time), with service Attorney General for Ontario
1993-10-15 Affidavit, of Thomas H. Wickett to file the A.G. Ontario's factum (same affidavit of motions to intervene and to abridge the time), with service Attorney General for Ontario
1993-10-15 Affidavit, of Thomas H. Wickett (same affidavit of the motion to extend and abridge the time), with service Attorney General for Ontario
1993-10-15 Notice of miscellaneous motion, to abridge the time to hear the motions to intervene and to extend the time (joint with motions to intervene and to extend the time), with service Attorney General for Ontario
1993-10-15 Motion to extend time, to file the A.G. Ontario's factum (joint with motions to intervene and to abridge the time), with service Attorney General for Ontario
1993-10-15 Motion for leave to intervene, (joint with motion to extend the time and to abridge the time), with service Attorney General for Ontario
1993-10-08 Intervener's factum, 26 copies (extension of time ?) (joint with 22915), with service Attorney General of Canada
1993-09-23 Appeal hearing scheduled, 1993-11-08
Decision reserved
1993-09-21 Notice of hearing, (1 copy), with service Montague Brown
1993-09-07 Decision on motion to extend time, to serve and file its factum to Sept. 30/93, with service, Reg
Granted, no order as to costs
1993-09-07 Hearing of motion to extend time, 1993-09-07, to serve and file its factum to Sept. 30/93, with service, Reg
1993-09-07 Submission of motion to extend time, 1993-09-07, to serve and file its factum to Sept. 30/93, with service, Reg
1993-09-02 Response to motion to extend time, to Sept. 30, 1993 to file the intervener's A.G. Canada factum Montague Brown
1993-08-31 Response to motion to extend time, to file the intervener's A.G. Canada factum to Sept. 30, 1993 Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways
1993-08-26 Affidavit, to September 30, 1993 to file the intervener's factum (of Susan D. Clarke), with service Attorney General of Canada
1993-08-26 Motion to extend time, to September 30, 1993 to file the intervener's factum, with service Attorney General of Canada
1993-08-23 Decision on the motion for leave to intervene, oral argument is limited to 15 minutes, McL
Granted, no order as to costs
1993-08-23 Hearing of motion for leave to intervene, 1993-08-23, oral argument is limited to 15 minutes, McL
1993-08-23 Submission of motion for leave to intervene, 1993-08-23, oral argument is limited to 15 minutes, McL
1993-08-23 Decision on motion to extend time, for leave to intervene, oral argument is limited to 15 minutes, McL
Granted, no order as to costs
1993-08-23 Hearing of motion to extend time, 1993-08-23, for leave to intervene, oral argument is limited to 15 minutes, McL
1993-08-23 Submission of motion to extend time, 1993-08-23, for leave to intervene, oral argument is limited to 15 minutes, McL
1993-08-18 Response to the motion for leave to intervene, of the Attorney General of Canada on the condition that the intervener is to pay additional disbursements incurred by the appellant as a result of the intervention in accordance with Rule 18(6) Montague Brown
1993-08-06 Correspondence (sent by the Court) to, of Donald J. Rennie to Henry S. Brown, dated July 28, 1993, to advise that it is not the practice to pay costs as a price of obtaining a consent to intervene
1993-08-06 Correspondence (sent by the Court) to, of Henry S. Brown (Gowling, Strathy & Henderson) to consent to the motion for leave to intervene of the A.G. of Canada provided that the Crown agrees to pay the disbursements and the fees
1993-08-03 Correspondence (sent by the Court) to, of Donald J. Rennie to inquire about the status of the motion for leave to intervene
1993-07-07 Correspondence (sent by the Court) to, from Burke-Robertson; re: does not intend to oppose A.G. Canada's intervention
1993-06-08 Affidavit, 2 copies; Donald J. Rennie, with service Attorney General of Canada
1993-06-08 Motion for leave to intervene, 2 copies, with service Attorney General of Canada
1993-06-08 Affidavit, to seek leave to intervene; 2 copies; Donald J. Rennie, with service Attorney General of Canada
1993-06-08 Motion to extend time, to seek leave to intervene; 2 copies, with service Attorney General of Canada
1993-05-03 Decision on the motion to file a reply factum on appeal, So
Granted, no order as to costs
1993-05-03 Hearing of motion to file a reply factum on appeal, 1993-05-03, So
1993-05-03 Submission of motion to file a reply factum on appeal, 1993-05-03, So
1993-04-30 Reply factum on appeal, 24 copies, with service Montague Brown
1993-04-28 Response to motion to file a reply factum on appeal Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways
1993-04-28 Affidavit, John N. Laxton, Q.C. Montague Brown
1993-04-28 Motion to file a reply factum on appeal Montague Brown
1993-04-22 Order on motion to extend time, to serve and file the respondent's factum to April 7, 1993., with service
1993-04-13 Decision on motion to extend time, to serve and file the respondent's factum to April 7, 1993., Reg
Granted, no order as to costs
1993-04-13 Hearing of motion to extend time, 1993-04-13, to serve and file the respondent's factum to April 7, 1993., Reg
1993-04-13 Submission of motion to extend time, 1993-04-13, to serve and file the respondent's factum to April 7, 1993., Reg
1993-04-07 Respondent's factum, 24 copies, with service Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways
1993-04-07 Response to motion to extend time, to serve and file the respondent's factum to April 7/93 Montague Brown
1993-04-07 Affidavit, to serve and file the factum to April 7/93; Thomas H. MacLachlan Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways
1993-04-07 Motion to extend time, to serve and file the factum to April 7/93, with service Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways
1993-03-25 Correspondence (sent by the Court) to, sent to Attorney General of British Columbia (Victoria, BC) re: appeal is ready for scheduling and Rule 32 sent
1993-03-25 Correspondence (sent by the Court) to, sent to Laxton & Company (Vancouver, BC) re: appeal is ready for scheduling, Rule 32 sent
1993-03-12 Appeal perfected for hearing, Session beginning on 1993-10-04
1993-01-20 Proof of service, 1 copy of appellant's factum (service admitted on Jan. 15, 1993)
1993-01-15 Appellant's factum, 24 copies Montague Brown
1993-01-14 Appeal court record, (accordeon)
1992-12-04 Certified casebook, vols. 1 and 2, with service Montague Brown
1992-11-18 Case on appeal, (23 copies - vol. 1 and 2) Montague Brown
1992-10-23 Order granting leave to appeal, With service
1992-10-20 Notice of deposit of security, 1 copy, with service
1992-10-16 Notice of appeal, With service Montague Brown
1992-10-16 $500 security deposit paid, direction #2237 Montague Brown
1992-10-01 Judgment of the Court on the application for leave to appeal, LaF So G, The application for leave to appeal is granted
Granted, no order as to costs
1992-10-01 Hearing of the application for leave to appeal, 1992-10-01, LaF So G
1992-10-01 All materials on application for leave submitted to the Judges, 1992-10-01, LaF So G
1992-10-01 Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa,ON)
1992-10-01 Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa,ON)
1992-10-01 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1992-05-25 General proceeding, to note correspondence from Laxton & Co. distributed to judges with leave material for adjudication.
1992-05-25 All materials on application for leave submitted to the Judges, LaF So G
1992-05-12 Proof of service, 1 copy of reply, with service
1992-05-07 Applicant's reply to respondent's argument, 5 copies Montague Brown
1992-04-30 Respondent's response on the application for leave to appeal, 6 copies Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways
1992-04-13 General proceeding, to note Trial Court Order Montague Brown
1992-04-13 Affidavit, of service of application for leave to appeal Montague Brown
1992-04-13 Application for leave to appeal, as Trial Court order and Service filed, Completed on: 1992-04-13
1992-04-13 Correspondence received from, (by fax) from Laxton & Company; re: same issues as in Swinamer v. The Queen (22915); asking that these matters be dealt together Montague Brown
1992-04-09 $30.00 filing fee, receipt #25280 Montague Brown
1992-04-09 Application for leave to appeal, 5 copies (missing proof of service and Order of Trial Court), Incomplete Montague Brown
1992-04-09 Correspondence received from, sent to Laxton & Company (Van,BC) acknowledging receipt of Application for leave. Regret to advise that material is incomplete as formal order of trial court, and service missing. Application will not be referred until mate