Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
20740
Corporation of City of Vernon, et al. v. Peter Manalakos, 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.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1990-12-07 | Appeal closed | |
| 1990-03-02 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1990-03-02 | Copy of formal judgment being prepared, Scott & Aylen (Ottawa,ON) | |
| 1990-03-02 | Formal judgment sent to the registrar of the court of appeal and all parties, (Vancouver,BC) | |
| 1990-01-25 | All material on motion for a re-hearing of the appeal submitted to Justices, (Motion no heard, motion adjudicated on) N.B. Motion dismissed with costs. | |
| 1990-01-15 | Response to the motion for a re-hearing of the appeal, 11 copies, with service | Peter Manalakos |
| 1990-01-04 | General proceeding, (to note) motion for a re-hearing issued to CJ., L.,W.,LaF.,LHD.,G.,Co. | Corporation of City of Vernon |
| 1990-01-04 | Motion for a re-hearing of the appeal, 10 copies, | Corporation of City of Vernon |
| 1989-12-13 | Correspondence (sent by the Court) to, enclosing record of Court of Appeal of Vancouver sent to Mrs. J.L. Jordan, Registrar of the Court of Appeal of Vancouver | |
| 1989-12-08 | Notice of deposit of judgment sent to all parties, Scott & Aylen (Ottawa,ON) | |
| 1989-12-08 | Notice of deposit of judgment sent to all parties, Gregory Reif of DuMont & Company (Armstrong,BC) | |
| 1989-12-08 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1989-12-07 |
Judgment on the appeal rendered, CJ La W LaF L'HD G Co, The appeal is allowed and the judgment of the Court of Appeal is set aside. The judgments of the trial judge are varied as follows. In action 241/81 Vernon, the plaintiffs are held to be contributorily negligent to the extent of 30% and judgment against the appellants is reduced accordingly. In Action 228/82 Kelowna, the defendants, Peter and Voula Manolakos, are held contributorily negligent to the extent of 30% and damages against the appellants are reduced accordingly. In all other respects the judgments of the trial judge are confirmed. Costs are apportioned between the appellants and respondent owners in this Court and in the Court of Appeal on the basis of 30% to the appellants and 70% to the respondent owners. The owners and apellants are entitled to recover these costs against the contractors, the former fully, the latter on the basis of the contribution to the liability apportioned between the contractors and the appellants by the trial judge. Lamer and Cory JJ. are dissenting in part. Wilson and L'Heureux-Dubé JJ. are dissenting in part. Allowed, costs in this Court and in the Court of Appeal |
|
| 1989-03-22 | General proceeding, transcript received and distributed to the Justices | |
| 1989-03-21 |
Hearing of the appeal, 1989-03-21, CJ La W LaF L'HD G Co Decision reserved |
|
| 1989-03-08 | Book of authorities, , 10 copies | Corporation of City of Vernon |
| 1989-03-06 | Book of authorities, , 10 copies | Peter Manalakos |
| 1989-01-30 | Respondent's factum, , 21 copies | Peter Manalakos |
| 1989-01-30 | Notice of change of counsel, from Paul Danyliu to Gregory Reif, with service | Peter Manalakos |
| 1989-01-27 |
Appeal hearing scheduled, 1989-03-21 Decision reserved |
|
| 1989-01-06 | Appeal perfected for hearing, Session beginning on 1989-01-23 | |
| 1989-01-04 | Service, of Appellant's factum | |
| 1988-12-29 | Trial court record | |
| 1988-12-20 | Trial court record | |
| 1988-11-29 | Appeal court record | |
| 1988-11-21 | Appellant's factum, , 21 copies | Corporation of City of Vernon |
| 1988-10-24 | Certified casebook, 1 copy of volumes 1 & 2 | Corporation of City of Vernon |
| 1988-10-24 | Case on appeal, 20 copies of volumes 1 & 2 | Corporation of City of Vernon |
| 1988-07-12 | Notice of deposit of security, (served copy), with service | |
| 1988-07-12 | Notice of appeal, (served copy), with service | Corporation of City of Vernon |
| 1988-05-09 | Notice of deposit of security | |
| 1988-05-09 | $500 security deposit paid, $500.00, receipt # 2041 | Corporation of City of Vernon |
| 1988-05-09 | Notice of appeal | Corporation of City of Vernon |
| 1988-04-25 | Correspondence received from, from E. Bisson to Registrar (Van,Bc) | |
| 1988-04-21 |
Judgment of the Court on the application for leave to appeal, CJ E La Granted, with costs in the cause |
|
| 1988-03-24 | Correspondence received from, dated 88/03/14 from P.G. Danylin | Peter Manalakos |
| 1988-03-21 |
Hearing of the application for leave to appeal, 1988-03-21, CJ E La Decision reserved |
|
| 1988-03-21 |
All materials on application for leave submitted to the Judges, 1988-03-21, CJ E La Decision reserved |
|
| 1988-03-02 | Correspondence received from, dated 88/03/01 from Paul G. Danylin (Re: Satellite ) | Peter Manalakos |
| 1988-01-27 | Book of authorities, 5 copies | Corporation of City of Vernon |
| 1988-01-27 | $30.00 filing fee, receipt # 11657 | Corporation of City of Vernon |
| 1988-01-27 | Application for leave to appeal, 5 copies, Completed on: 1988-01-27 | Corporation of City of Vernon |
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 |
|---|---|---|
| Corporation of City of Vernon | Applicant | Active |
| Phillips, William | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Manalakos, Peter | Respondent | Active |
| Manolakos, Voula | Respondent | Active |
| Gohmann, Ralph | Respondent | Active |
| Barber, Barry | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Corporation of City of Vernon | Applicant | Active |
| Phillips, William | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Manolakos, Peter | Respondent | Active |
| Manolakos, Voula | Respondent | Active |
| Gohmann, Ralph | Respondent | Active |
| Barber, Barry | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| B & L Landscaping & Maintenance Ltd. | Other | Active |
| Reade, a.k.a. William Morris, Morris | Other | Active |
| Rothfield, William | Other | Active |
| Burtch, Charles | Other | Active |
| Woodcraft Ventures Ltd. | Other | Active |
| B & L Landscaping & Maintenance Ltd. | Other | Active |
| Reade, a.k.a. William Morris, Morris | Other | Active |
Counsel
Party: Corporation of City of Vernon
Counsel
3023 - 595 BURRARD ST
PO BOX 49096
VANCOUVER, British Columbia
V7X 1G4
Telephone: (604) 688-1301
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Phillips, William
Counsel
3023 - 595 BURRARD ST
PO BOX 49096
VANCOUVER, British Columbia
V7X 1G4
Telephone: (604) 688-1301
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Manalakos, Peter
Counsel
3450 OKANAGAN ST
PO BOX 549
ARMSTRONG, British Columbia
V0E 1B0
Telephone: (604) 546-8414
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Manolakos, Voula
Counsel
3450 OKANAGAN ST
PO BOX 549
ARMSTRONG, British Columbia
V0E 1B0
Telephone: (604) 546-8414
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Gohmann, Ralph
Counsel
VERNON, British Columbia
V1T 8L1
Telephone: (604) 549-3111
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Barber, Barry
Counsel
VERNON, British Columbia
V1T 8L1
Telephone: (604) 549-3111
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Manolakos, Peter
Counsel
3450 OKANAGAN ST
PO BOX 549
ARMSTRONG, British Columbia
V0E 1B0
Telephone: (604) 546-8414
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: B & L Landscaping & Maintenance Ltd.
Counsel
VERNON, British Columbia
V1T 8L1
Telephone: (604) 549-3111
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Reade, a.k.a. William Morris, Morris
Counsel
VERNON, British Columbia
V1T 8L1
Telephone: (604) 549-3111
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Rothfield, William
Counsel
VERNON, British Columbia
V1T 8L1
Telephone: (604) 549-3111
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Burtch, Charles
Counsel
VERNON, British Columbia
V1T 8L1
Telephone: (604) 549-3111
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Woodcraft Ventures Ltd.
Counsel
VERNON, British Columbia
V1T 8L1
Telephone: (604) 549-3111
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
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
County Court of British Columbia
82/228
actions allowed
Court of Appeal for British Columbia (Vancouver)
CA005028
applicants' 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
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
Not available
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
Not available