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Case information

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19113

Bank of Montreal v. National Trust Company Limited, et al.

(British Columbia) (Civil) (By Leave)

Docket

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

List of proceedings
Date Proceeding Filed By
(if applicable)
1986-01-20 Discontinuance of the appeal, With service Bank of Montreal
1985-12-16 Appellant's factum, 21 copies, with service Bank of Montreal
1985-11-29 Certified casebook, 1 copy volume 1 to 10 Bank of Montreal
1985-11-29 Case on appeal, 20 copies vols. 1 to 10, with service Bank of Montreal
1985-10-22 Correspondence (sent by the Court) to, dated Oct 17/85 from R.J. Balfour
1985-10-02 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause
Granted, no order as to costs
1985-10-02 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1985-10-02
1985-10-02 Hearing of motion to expedite the appeal, 1985-10-02
1985-10-02 Submission of motion to expedite the appeal, 1985-10-02
1985-09-26 Motion to expedite the appeal, (served copy), with service National Trust Company Limited
1985-09-26 Affidavit National Trust Company Limited
1985-09-26 Motion to expedite the appeal, With service National Trust Company Limited
1985-03-01 Service
1985-03-01 Notice of change of counsel Bank of Montreal
1985-03-01 $30.00 filing fee, receipt # 7614 Bank of Montreal
1985-03-01 Service
1985-03-01 Notice of appeal Bank of Montreal
1985-03-01 Order granting leave to appeal
1985-02-28 Notice of change of counsel, With service Bank of Montreal
1985-02-28 Notice of deposit of security, With service
1985-02-28 $500 security deposit paid, receipt # 1407 Bank of Montreal
1985-02-28 Notice of appeal Bank of Montreal
1985-02-20 Correspondence received from, dated Feb 05/85 from H. Wiercinski
1985-01-31 Judgment of the Court on the application for leave to appeal, C La LeD
Granted, with costs in the cause
1985-01-07 Appeal perfected for hearing, Session beginning on 1986-01-27
1984-12-17 Hearing of the application for leave to appeal, 1984-12-17, C La LeD
Decision reserved
1984-12-17 All materials on application for leave submitted to the Judges, 1984-12-17, C La LeD
Decision reserved
1984-12-10 Respondent's response on the application for leave to appeal, 5 copies, with service National Trust Company Limited
1984-11-28 Service, 3 copies
1984-11-27 Application for leave to appeal, 5 copies, with service, Completed on: 1984-11-27 Bank of Montreal

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

Main parties - Appellants
Name Role Status
Bank of Montreal Applicant Active

v.

Main parties - Respondents
Name Role Status
National Trust Company Limited Respondent Active
Daon Development Corporation Respondent Active
Royal Trust Company Respondent Active

Counsel

Party: Bank of Montreal

Counsel
Name
John J. Robinette, Q.C.
Contact information
McCarthy Tétrault
4700 TD BANK TOWER
PO BOX 48
TORONTO, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
Name
Michael L. Phelan
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867

Party: National Trust Company Limited

Counsel
Name
Jack M. Giles, Q.C.
Contact information
Farris, Vaughan, Wills & Murphy
2600 - 700 Georgia St West
Box 10026
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 684-9151
FAX: (604) 661-9349
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Daon Development Corporation

Counsel
Name
Robert G. Sewell
Contact information
Shrum, Liddle & Hebenton
1300 - 999 HASTINGS ST W
VANCOUVER, British Columbia
V6C 2W5
Telephone: (604) 669-2611
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Royal Trust Company

Counsel
Name
John W. Elwick
Contact information
Douglas, Symes & Brissenden
2100 - 505 BURRARD ST
VANCOUVER, British Columbia
V7X 1R4
Telephone: (604) 683-6911
FAX: (604) 669-1337

Summary

Keywords

None.

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

March 29, 1984
Supreme Court of British Columbia

C836451

See file

November 1, 1984
Court of Appeal for British Columbia (Vancouver)

CA002178

Appeal dismissed

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

Not available

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

Not available

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

Not available

Webcasts

Not available.

Date modified: 2025-02-27