Case information
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20537
Anthony Stamper, an infant & person of unsound mind not so found by inquisition of next friend, et al. v. Canadian National Railway Company, et al.
(New Brunswick) (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) |
|---|---|---|
| 1988-10-07 | Correspondence (sent by the Court) to, to note copy of judgment sent to Hanson, Hashey (Fredericton,NB) | |
| 1988-10-07 | Correspondence (sent by the Court) to, to note copy of judgment sent to McKelvey, MacAulay (St-John,NB) | |
| 1988-10-07 | Correspondence (sent by the Court) to, to note copy of judgment sent to Anderson, Sheehan (Moncton,NB) | |
| 1988-09-20 | Formal judgment sent to the registrar of the court of appeal and all parties, (Fredericton,NB) | |
| 1988-03-02 |
Judgment on the appeal rendered, E McI W LaF L'HD, At the opening of the hearing of this appeal, motion was made by the appellant to file the reasons for judgment of Deschênes J. and the Court of Appeal of New Brunswick in these proceedings, respectively dated the 2nd of February 1988 and the 26th of February 1988. This motion is granted. The appellant in the course of the hearing of this appeal amended his application to claim the payment of the sume of Two Hundred Thousand Dollars "as advance payment of special damages for rehabilitation purposes" from the Respondent Canadian National Railway Company only, and this appeal is accordingly dismissed as against the respondent VIA Rail Canada Inc. without costs. The Appellant further amended his application in respect of which this appeal was brought before this Court by adding: (a) a claim for interest on any moneys ordered to be advanced hereunder from the date of the order of Deschênes J., and, (b) for costs on this appeal, here and in the courts below on a solicitor and client basis. As we are all substantially in agreement with the reasons of Mr. Justice Rice dissenting in the Court of Appeal, this appeal is allowed, the order of the Court of Appeal is set aside, and (a) the application by the appellant for an advance in special damages be granted as against the respondent Canadian National Railway Company only on the terms of the order issued by the learned Justice of first instance, Deschênes J., issued on the 21st of May 1987, including the order therein made as to costs; (b) the application by the appellant for interest shall be and is hereby dismissed; (c) the respondent, Canadian National Railway Co., shall pay to the appellant his costs in the Court of Appeal in the amount proposed by Mr. Justice Rice in reasons for judgment herein issued on the 5th of April 1987; and (d) the respondent, Canadian National Railway Co., shall pay to the appellant his costs in this Court on a party and party basis. Dismissed, without costs |
|
| 1988-03-01 |
Hearing of the appeal, 1988-03-01, E McI W LaF L'HD Decision reserved |
|
| 1988-02-29 | General proceeding, to ntoe 11 copies of Supplementary case on appeal, with service | Anthony Stamper, an infant & person of unsound mind not so found by inquisition of next friend |
| 1988-02-29 | Notice of miscellaneous motion, to abridge time to serve & file supplementary case on appeal, with service | Anthony Stamper, an infant & person of unsound mind not so found by inquisition of next friend |
| 1988-02-26 |
Decision on motion to extend time, time for serving & filing a motion to add a supplement to the case on appeal (For further details see file or Reg's Red Bk #6 @ p.398), La Dismissed, no order as to costs |
|
| 1988-02-26 | Hearing of motion to extend time, 1988-02-26, time for serving & filing a motion to add a supplement to the case on appeal (For further details see file or Reg's Red Bk #6 @ p.398), La | |
| 1988-02-26 | Submission of motion to extend time, 1988-02-26, time for serving & filing a motion to add a supplement to the case on appeal (For further details see file or Reg's Red Bk #6 @ p.398), La | |
| 1988-02-24 | Affidavit, time for serving & filing a motion to add a supplement to the case on appeal, with service | Anthony Stamper, an infant & person of unsound mind not so found by inquisition of next friend |
| 1988-02-24 | Motion to extend time, time for serving & filing a motion to add a supplement to the case on appeal, with service | Anthony Stamper, an infant & person of unsound mind not so found by inquisition of next friend |
| 1988-02-17 | Respondent's factum, , 20 copies | Via Rail Canada Inc. |
| 1988-02-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Registrar (Fredericton,NB) | |
| 1988-02-15 | Respondent's factum, (served copy), with service | Canadian National Railway Company |
| 1988-02-12 | Respondent's factum, , 20 copies | Canadian National Railway Company |
| 1988-02-08 | Book of authorities, , 6 copies | Anthony Stamper, an infant & person of unsound mind not so found by inquisition of next friend |
| 1988-02-04 | Book of authorities, , 4 copies | Anthony Stamper, an infant & person of unsound mind not so found by inquisition of next friend |
| 1988-02-04 | Appellant's factum, , 23 copies | Anthony Stamper, an infant & person of unsound mind not so found by inquisition of next friend |
| 1988-01-28 | Agreement as to contents of case, , 2 copies | Canadian National Railway Company |
| 1988-01-19 | Case on appeal, , 21 copies, with service | Anthony Stamper, an infant & person of unsound mind not so found by inquisition of next friend |
| 1988-01-11 |
Appeal hearing scheduled, 1988-03-01 Decision reserved |
|
| 1988-01-11 | Appeal perfected for hearing, Session beginning on 1988-01-25 | |
| 1988-01-11 | Order on motion to expedite the appeal | |
| 1988-01-11 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (Appeal to be heard March 01/88) Granted, no order as to costs |
|
| 1988-01-11 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1988-01-11, (Appeal to be heard March 01/88) | |
| 1988-01-11 | Hearing of motion to expedite the appeal, 1988-01-11, (Appeal to be heard March 01/88) | |
| 1988-01-11 | Submission of motion to expedite the appeal, 1988-01-11, (Appeal to be heard March 01/88) | |
| 1988-01-11 | Order granting leave to appeal | |
| 1988-01-06 | $500 security deposit paid, receipt # 2033 | Anthony Stamper, an infant & person of unsound mind not so found by inquisition of next friend |
| 1988-01-06 | Response to motion to expedite the appeal | Canadian National Railway Company |
| 1988-01-06 | Affidavit | Anthony Stamper, an infant & person of unsound mind not so found by inquisition of next friend |
| 1988-01-06 | Motion to expedite the appeal | Anthony Stamper, an infant & person of unsound mind not so found by inquisition of next friend |
| 1988-01-06 | Notice of deposit of security, With service | |
| 1988-01-06 | Notice of appeal, With service | Anthony Stamper, an infant & person of unsound mind not so found by inquisition of next friend |
| 1987-12-17 |
Judgment of the Court on the application for leave to appeal, E W LeD Granted, with costs in the cause |
|
| 1987-11-09 |
Hearing of the application for leave to appeal, 1987-11-09, E W LeD Decision reserved |
|
| 1987-11-09 |
All materials on application for leave submitted to the Judges, 1987-11-09, E W LeD Decision reserved |
|
| 1987-10-06 | General proceeding, to note consent to use of Ottawa agent | Anthony Stamper, an infant & person of unsound mind not so found by inquisition of next friend |
| 1987-10-06 | Respondent's response on the application for leave to appeal, , 5 copies, with service | Canadian National Railway Company |
| 1987-10-06 | Respondent's response on the application for leave to appeal, , 5 copies, with service | Via Rail Canada Inc. |
| 1987-09-15 | $30.00 filing fee, receipt # 11213 | Anthony Stamper, an infant & person of unsound mind not so found by inquisition of next friend |
| 1987-09-15 | Application for leave to appeal, , 5 copies, with service, Completed on: 1987-09-15 | Anthony Stamper, an infant & person of unsound mind not so found by inquisition of next friend |
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 |
|---|---|---|
| Stamper, an infant & person of unsound mind not so found by inquisition of next friend, Anthony | Applicant | Active |
| Stamper, Margaret | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canadian National Railway Company | Respondent | Active |
| Via Rail Canada Inc. | Respondent | Active |
Counsel
Party: Stamper, an infant & person of unsound mind not so found by inquisition of next friend, Anthony
Counsel
601 - 644 MAIN ST
PO BOX 20070
MONCTON, New Brunswick
E1C 9M1
Telephone: (506) 853-1970
FAX: (506) 858-8454
Party: Stamper, Margaret
Counsel
601 - 644 MAIN ST
PO BOX 20070
MONCTON, New Brunswick
E1C 9M1
Telephone: (506) 853-1970
FAX: (506) 858-8454
Party: Canadian National Railway Company
Counsel
400 PHOENIX SQ
PO BOX 310 STN A
FREDERICTON, New Brunswick
E3B 4Y9
Telephone: (506) 453-7771
FAX: (506) 453-9600
Party: Via Rail Canada Inc.
Counsel
George Leblanc
898 MAIN ST
MONCTON, New Brunswick
E1C 8L2
Telephone: (506) 857-2171
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
Court of Queen’s Bench of New Brunswick
M/C/1694/81
Application for advance payment of Special Damages granted
Court of Appeal of New Brunswick
139/87/CA
Appeal allowed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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.
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