Case information
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16958
Gordon Dorward de Salaberry Wotherspoon, et al. v. Canadian Pacific Limited, 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) |
|---|---|---|
| 1988-05-10 |
Decision on the objection to the taxation of the bill of costs, Reg Dismissed, no order as to costs |
|
| 1988-05-10 | Hearing of objection to registrar's decision on taxation, 1988-05-10, Reg | |
| 1988-05-10 | Submission of objection to taxation of the bill of costs, 1988-05-10, Reg | |
| 1988-05-04 | General proceeding, to ote appellants submission on objection to taxat ion | Gordon Dorward de Salaberry Wotherspoon |
| 1988-03-14 | Objection to the taxation of the bill of costs | Marathon Realty Company Limited |
| 1988-03-14 | Objection to the taxation of the bill of costs | Canadian Pacific Limited |
| 1988-01-13 | Decision on the bill of costs, $12,134.09 (with reasons attached) | |
| 1988-01-13 | Decision on the bill of costs, $19,331.51 (with reasons attached) | |
| 1988-01-05 | Copy of formal judgment being prepared, Mr. L. Yves fortier (Mtl,QC) | |
| 1988-01-05 | Copy of formal judgment being prepared, Mr. J.E. Sexton (Toronto,ON) | |
| 1988-01-05 | Copy of formal judgment being prepared, Mr. P. Genest (Toronto,ON) | |
| 1988-01-05 | Copy of formal judgment being prepared, Mr. J. Sopinka (Toronto,ON) | |
| 1988-01-05 | Copy of formal judgment being prepared, Mr. J.J. Robinette (Toronto,ON) | |
| 1987-12-23 | Formal judgment sent to the registrar of the court of appeal and all parties, (Toronto,ON) | |
| 1987-12-23 | Fee on taxation $30.00, receipt # 11534 | Canadian Pacific Limited |
| 1987-06-25 |
Judgment on the appeal rendered Dismissed, with costs |
|
| 1985-04-01 |
Hearing of the appeal, 1985-04-01, (Appeal heard April 1, 2, 3, and 4th) Decision reserved |
|
| 1985-04-01 | Book of authorities, 10 copies | Gordon Dorward de Salaberry Wotherspoon |
| 1985-04-01 | Appellant's factum, 21 copies of reply to Notice of Mtn. to Vary | Eaton Retirement Annuity Plan |
| 1985-03-28 | Book of authorities, 10 copies (supplementary) | John Turner |
| 1985-03-19 |
Appeal hearing scheduled, 1985-04-01 Decision reserved |
|
| 1985-03-19 | Book of authorities, 10 copies, with service | Marathon Realty Company Limited |
| 1985-03-19 | Respondent's factum, 21 copies, with service | Marathon Realty Company Limited |
| 1985-03-11 | Book of authorities, (10 copies authorities & statutes) | Canadian Pacific Limited |
| 1985-03-07 | Order on motion to file a lengthy factum | |
| 1985-03-07 | Response to the motion to file a lengthy factum | Gordon Dorward de Salaberry Wotherspoon |
| 1985-03-07 | Affidavit, of David Jewitt | John Turner |
| 1985-03-07 | Motion to file a lengthy factum | John Turner |
| 1985-03-07 | Book of authorities, 10 copies, 4 volumes | John Turner |
| 1985-03-07 | Intervener's factum, 21 copies | John Turner |
| 1985-03-02 |
Decision on motion to file a lengthy factum, E Granted, no order as to costs |
|
| 1985-03-02 | Hearing of motion to file a lengthy factum, 1985-03-02, E | |
| 1985-03-02 | Submission of motion to file a lengthy factum, 1985-03-02, E | |
| 1985-01-31 | Respondent's factum, 21 copies | Ontario & Quebec Railway Company |
| 1985-01-30 | Book of authorities, 10 copies of book of statutes | Gordon Dorward de Salaberry Wotherspoon |
| 1984-11-07 | Notice of change of counsel, of Ottawa agent, with service | Gordon Dorward de Salaberry Wotherspoon |
| 1984-10-05 |
Decision on the motion for leave to intervene, (costs in the cause - For further particulars, see file), E Granted, no order as to costs |
|
| 1984-10-05 | Hearing of motion for leave to intervene, 1984-10-05, (costs in the cause - For further particulars, see file), E | |
| 1984-10-05 | Submission of motion for leave to intervene, 1984-10-05, (costs in the cause - For further particulars, see file), E | |
| 1984-10-04 |
Decision on motion to file a lengthy factum, E Granted, no order as to costs |
|
| 1984-10-04 | Hearing of motion to file a lengthy factum, 1984-10-04, E | |
| 1984-10-04 | Submission of motion to file a lengthy factum, 1984-10-04, E | |
| 1984-10-04 |
Hearing of motion for leave to intervene, 1984-10-04 Decision reserved |
|
| 1984-10-04 |
Submission of motion for leave to intervene, 1984-10-04 Decision reserved |
|
| 1984-09-18 | Correspondence (sent by the Court) to, dated 84/09/13 from Cassels & Brock (Re: Confirming motion to intervene date) | |
| 1984-09-17 | Response to the motion to file a lengthy factum | Gordon Dorward de Salaberry Wotherspoon |
| 1984-09-17 | Affidavit | Canadian Pacific Limited |
| 1984-09-17 | Motion to file a lengthy factum | Canadian Pacific Limited |
| 1984-09-17 | Book of authorities, 2 copies of appendix book | Canadian Pacific Limited |
| 1984-09-17 | Respondent's factum, 21 copies | Canadian Pacific Limited |
| 1984-08-29 | Case on appeal, (1 copy of excerpts) | Gordon Dorward de Salaberry Wotherspoon |
| 1984-08-28 | Case on appeal, (1 copy of excerpts) | Gordon Dorward de Salaberry Wotherspoon |
| 1984-08-28 | Affidavit, of Kirkpatrick, with service | John Turner |
| 1984-08-28 | Motion for leave to intervene, (original + 2 copies), with service | John Turner |
| 1984-04-03 | General proceeding, to note 9 copies of authorities | Eaton Retirement Annuity Plan |
| 1983-09-23 | Notice of hearing, With service | Gordon Dorward de Salaberry Wotherspoon |
| 1983-09-19 | Correspondence (sent by the Court) to, dted 83/09/16 from Linda Nascher | |
| 1983-09-19 | Appeal perfected for hearing, Session beginning on 1983-10-04 | |
| 1983-09-19 | Appellant's factum, 20 copies, with service | Gordon Dorward de Salaberry Wotherspoon |
| 1983-05-26 | Order on motion to dispense with printing | |
| 1983-05-25 |
Decision on motion to dispense with printing, as per agreement as to contents of case, E Granted, no order as to costs |
|
| 1983-05-25 | Hearing of motion to dispense with printing, 1983-05-25, as per agreement as to contents of case, E | |
| 1983-05-25 | Submission of motion to dispense with printing, 1983-05-25, as per agreement as to contents of case, E | |
| 1983-05-25 | Response to motion to dispense with printing | Canadian Pacific Limited |
| 1983-05-25 | Motion to dispense with printing | Gordon Dorward de Salaberry Wotherspoon |
| 1983-05-25 | Agreement as to contents of case | Gordon Dorward de Salaberry Wotherspoon |
| 1983-05-17 | Trial court record, (6 boxes) | |
| 1983-05-03 | Appeal court record, (6 boxes) | |
| 1983-04-14 | Proof of service, of case and certified case | |
| 1983-04-14 | Certified casebook, With service | Gordon Dorward de Salaberry Wotherspoon |
| 1983-04-14 | Case on appeal, 20 copies, volumes 1 to 20, with service | Gordon Dorward de Salaberry Wotherspoon |
| 1982-09-10 | Order on motion to extend time, to file cross-appeal | |
| 1982-09-07 | Notice of cross appeal | Canadian Pacific Limited |
| 1982-09-07 |
Decision on motion to extend time, to file cross-appeal, CJ Granted, no order as to costs |
|
| 1982-09-07 | Hearing of motion to extend time, 1982-09-07, to file cross-appeal, CJ | |
| 1982-09-07 | Submission of motion to extend time, 1982-09-07, to file cross-appeal, CJ | |
| 1982-09-03 | Response to motion to extend time | Gordon Dorward de Salaberry Wotherspoon |
| 1982-09-03 | Affidavit | Canadian Pacific Limited |
| 1982-09-03 | Motion to extend time, to vary judgment of Court of Appeal, with service | Canadian Pacific Limited |
| 1982-08-18 | Notice of deposit of security, With service | |
| 1982-08-18 | Order granting leave to appeal | |
| 1982-08-18 | Notice of appeal, With service | Gordon Dorward de Salaberry Wotherspoon |
| 1982-08-17 | Order granting leave to appeal | |
| 1982-07-20 | Notice of deposit of security, With service | |
| 1982-07-19 | $500 security deposit paid, receipt # 1294 | Gordon Dorward de Salaberry Wotherspoon |
| 1982-07-19 | Notice of appeal, 2 copies - one with service & one with affidavit, with service | Gordon Dorward de Salaberry Wotherspoon |
| 1982-07-15 | Notice of appeal | Gordon Dorward de Salaberry Wotherspoon |
| 1982-06-22 |
Judgment of the Court on the application for leave to appeal, CJ D McI Granted, no order as to costs |
|
| 1982-06-22 | Hearing of the application for leave to appeal, 1982-06-22, CJ D McI | |
| 1982-06-22 | All materials on application for leave submitted to the Judges, 1982-06-22, CJ D McI | |
| 1982-06-22 | Respondent's response on the application for leave to appeal, served copy only, with service | Canadian Pacific Limited |
| 1982-06-16 | Respondent's response on the application for leave to appeal, 5 copies, with service | Marathon Realty Company Limited |
| 1982-06-14 | Respondent's response on the application for leave to appeal, 5 copies | Ontario & Quebec Railway Company |
| 1982-06-14 | Respondent's response on the application for leave to appeal, 5 copies | Canadian Pacific Limited |
| 1982-06-14 | Application for leave to appeal, 5 copies, with service, Completed on: 1982-06-14 | Gordon Dorward de Salaberry Wotherspoon |
| 1982-06-08 | Notice of application for leave to appeal, 5 copies, with service | Gordon Dorward de Salaberry Wotherspoon |
| 1982-05-06 | Order on motion to extend the time to file and/or serve the leave application | |
| 1982-05-05 |
Decision on motion to extend time to file and /or serve the leave application, (time extended to 82/06/21), B Granted, no order as to costs |
|
| 1982-05-05 | Hearing of motion to extend time to file and/ or serve the leave application, 1982-05-05, (time extended to 82/06/21), B | |
| 1982-05-05 | Submission of motion to extend time to file and/ or serve the leave application, 1982-05-05, (time extended to 82/06/21), B | |
| 1982-05-04 | Response to the motion to extend the time to file and / or serve the leave application | Canadian Pacific Limited |
| 1982-05-04 | Motion to extend the time to file and or serve the application for leave to appeal | Gordon Dorward de Salaberry Wotherspoon |
| 1982-02-25 | Order on motion to extend the time to file and/or serve the leave application | |
| 1982-02-24 |
Decision on motion to extend time to file and /or serve the leave application, (both motion heard) - time extended to 82/05/17, B Granted, no order as to costs |
|
| 1982-02-24 | Hearing of motion to extend time to file and/ or serve the leave application, 1982-02-24, (both motion heard) - time extended to 82/05/17, B | |
| 1982-02-24 | Submission of motion to extend time to file and/ or serve the leave application, 1982-02-24, (both motion heard) - time extended to 82/05/17, B | |
| 1982-02-24 | Motion to extend the time to file and or serve the application for leave to appeal | Gordon Dorward de Salaberry Wotherspoon |
| 1982-02-23 | Response to the motion to extend the time to file and / or serve the leave application | Canadian Pacific Limited |
| 1982-02-22 | Notice of application for leave to appeal | Gordon Dorward de Salaberry Wotherspoon |
| 1982-02-22 | Motion to extend the time to file and or serve the application for leave to appeal | Gordon Dorward de Salaberry Wotherspoon |
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 |
|---|---|---|
| Wotherspoon, Gordon Dorward de Salaberry | Applicant | Active |
| Eaton Retirement Annuity Plan | Applicant | Active |
| Beattie, Allan Leslie | Applicant | Active |
| McLean Beattie, Clarke | Applicant | Active |
| Butler, Robert John | Applicant | Active |
| Dunford, Robert Alfred | Applicant | Active |
| Hitchlock, Geoffrey Arthur Nelson | Applicant | Active |
| Marchment, Alan Roy | Applicant | Active |
| Payne, Morgan Cecil | Applicant | Active |
| Statler, Paul Charles | Applicant | Active |
| Upshall, Allan Purchase | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canadian Pacific Limited | Respondent | Active |
| Marathon Realty Company Limited | Respondent | Active |
| Ontario & Quebec Railway Company | Respondent | Active |
| Lewis, T. Denton | Respondent | Active |
| Marler, George C. | Respondent | Active |
| Jamieson, Allan | Respondent | Active |
| Thomson, Robert | Respondent | Active |
| Wallace, George C. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Turner, John | Intervener | Active |
Counsel
Party: Wotherspoon, Gordon Dorward de Salaberry
Counsel
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867
Party: Eaton Retirement Annuity Plan
Counsel
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867
Party: Beattie, Allan Leslie
Counsel
1 First Canadian Place
PO Box 50
Toronto, Ontario
M5X 1B8
Telephone: (416) 362-2111
FAX: (416) 862-6666
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: McLean Beattie, Clarke
Counsel
1 First Canadian Place
PO Box 50
Toronto, Ontario
M5X 1B8
Telephone: (416) 362-2111
FAX: (416) 862-6666
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Butler, Robert John
Counsel
1 First Canadian Place
PO Box 50
Toronto, Ontario
M5X 1B8
Telephone: (416) 362-2111
FAX: (416) 862-6666
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Dunford, Robert Alfred
Counsel
1 First Canadian Place
PO Box 50
Toronto, Ontario
M5X 1B8
Telephone: (416) 362-2111
FAX: (416) 862-6666
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Hitchlock, Geoffrey Arthur Nelson
Counsel
1 First Canadian Place
PO Box 50
Toronto, Ontario
M5X 1B8
Telephone: (416) 362-2111
FAX: (416) 862-6666
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Marchment, Alan Roy
Counsel
1 First Canadian Place
PO Box 50
Toronto, Ontario
M5X 1B8
Telephone: (416) 362-2111
FAX: (416) 862-6666
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Payne, Morgan Cecil
Counsel
1 First Canadian Place
PO Box 50
Toronto, Ontario
M5X 1B8
Telephone: (416) 362-2111
FAX: (416) 862-6666
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Statler, Paul Charles
Counsel
1 First Canadian Place
PO Box 50
Toronto, Ontario
M5X 1B8
Telephone: (416) 362-2111
FAX: (416) 862-6666
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Upshall, Allan Purchase
Counsel
1 First Canadian Place
PO Box 50
Toronto, Ontario
M5X 1B8
Telephone: (416) 362-2111
FAX: (416) 862-6666
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Canadian Pacific Limited
Counsel
SCOTIA PLAZA
40 KING ST W
TORONTO, Ontario
M5H 3Y4
Telephone: (416) 367-6000
FAX: (416) 367-6749
Party: Marathon Realty Company Limited
Counsel
SCOTIA PLAZA
40 KING ST W
TORONTO, Ontario
M5H 3Y4
Telephone: (416) 367-6000
FAX: (416) 367-6749
Party: Ontario & Quebec Railway Company
Counsel
SCOTIA PLAZA
40 KING ST W
TORONTO, Ontario
M5H 3Y4
Telephone: (416) 367-6000
FAX: (416) 367-6749
Party: Lewis, T. Denton
This party is not represented by counsel.
Party: Marler, George C.
This party is not represented by counsel.
Party: Jamieson, Allan
This party is not represented by counsel.
Party: Thomson, Robert
This party is not represented by counsel.
Party: Wallace, George C.
This party is not represented by counsel.
Party: Turner, John
This party is not represented by counsel.
Summary
Keywords
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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.
None.
Lower court rulings
Supreme Court of Ontario
4892/73
Judgment for the plaintiffs
Court of Appeal for Ontario
740/78
Appeals allowed in part
Filed documents
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 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 memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
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.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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