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21094

John Joseph Blair Horn Whitbread v. Robert Norman Walley, 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)
1994-07-06 Close file for archive
1994-07-06 Appeal closed
1992-03-23 Correspondence (sent by the Court) to, To advise the Court that the matter of costs had been dealt with by settlement. (Letter from Jim Minnes dated Mar\23\1992)
1991-05-28 Decision on the bill of costs, at $10,500.00, with service
1991-01-11 Copy of formal judgment being prepared, David E. McEwen (Vancouver,BC)
1991-01-11 Copy of formal judgment being prepared, Scott & Aylen (Ottawa,ON)
1991-01-11 Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON)
1991-01-11 Copy of formal judgment being prepared, John C. Tait, Q.C. C/O Dept. of Justice (Ott,ON)
1991-01-11 Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC)
1991-01-11 Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON)
1991-01-11 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1991-01-11 Formal judgment sent to the registrar of the court of appeal and all parties, (Vancouver,BC)
1990-12-20 Notice of deposit of judgment sent to all parties, Mr. David E. McEwen (Vancouver,BC)
1990-12-20 Notice of deposit of judgment sent to all parties, Scott & Aylen (Ottawa,ON)
1990-12-20 Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston (Ottawa,ON)
1990-12-20 Notice of deposit of judgment sent to all parties, The Attorney General of Canada (Ottawa,ON)
1990-12-20 Notice of deposit of judgment sent to all parties, Noël, Berthiaume (Hull,QC)
1990-12-20 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa,ON)
1990-12-20 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1990-12-20 Correspondence (sent by the Court) to, from C. Alain sent to His Honour Douglas B. MacKinnon (Vancouver,BC) enclosing a complimentary copy of the reasons for judgment.
1990-12-20 Judgment on the appeal rendered, CJ CJ LaF L'HD So G Co, The apeal is dismissed with costs.
Dismissed, with costs
1990-06-12 General proceeding, transcripts received and distributed to the justices (102 pages)
1990-05-24 Hearing of the appeal, 1990-05-24, CJ CJ LaF L'HD So G Co
Decision reserved
1990-05-23 Book of authorities, 10 copies vol.I & II, with service Attorney General of British Columbia
1990-05-23 Book of authorities, 10 copies vol.I & II, with service Robert Norman Walley
1990-05-23 Book of authorities, 10 copies Attorney General for Ontario
1990-05-22 Service, of factum
1990-05-22 Book of authorities, 11 copies of vol. I,II,III & Supplementary John Joseph Blair Horn Whitbread
1990-05-18 Intervener's factum, 20 copies, with service Attorney General of Canada
1990-05-18 Intervener's factum, 21 copies Attorney General of Quebec
1990-05-18 Intervener's factum, 22 copies, with service Attorney General for Ontario
1990-05-18 Intervener's factum, 21 copies, with service Attorney General of British Columbia
1990-05-18 Notice of withdrawal, With service Attorney General of Saskatchewan
1990-05-15 Respondent's factum, 21 copies, with service Robert Norman Walley
1990-05-15 Decision on motion to extend time, to serve and file the respondent's factum no later than May\11\1990,, LaF
Granted, no order as to costs
1990-05-15 Hearing of motion to extend time, 1990-05-15, to serve and file the respondent's factum no later than May\11\1990,, LaF
1990-05-15 Submission of motion to extend time, 1990-05-15, to serve and file the respondent's factum no later than May\11\1990,, LaF
1990-05-15 Notice of withdrawal, With service Attorney General of Alberta
1990-05-11 Response to motion to extend time, for filing respondent's factum John Joseph Blair Horn Whitbread
1990-05-08 Motion to extend time, for the delivery of the Respondent's factum, with service Robert Norman Walley
1990-05-07 Order on motion to expedite the appeal, and also that the factum of the respondent be served and filed no later than May 7, 1990, with service
1990-05-07 Affidavit, of Bruce E. McLeod, for the delivery of the Respondent's factum Robert Norman Walley
1990-04-30 Appeal hearing scheduled, 1990-05-24
Decision reserved
1990-04-09 Decision on miscellaneous motion, for an order fixing April 30, 1990 as the date for the filing of the respondent's factum, La
Granted, no order as to costs
1990-04-09 Hearing of miscellaneous motion, 1990-04-09, for an order fixing April 30, 1990 as the date for the filing of the respondent's factum, La
1990-04-09 Submission of miscellaneous motion, 1990-04-09, for an order fixing April 30, 1990 as the date for the filing of the respondent's factum, La
1990-04-09 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (Appeal to be heard on May 25, 1990)
Granted, no order as to costs
1990-04-09 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1990-04-09, (Appeal to be heard on May 25, 1990)
1990-04-09 Hearing of motion to expedite the appeal, 1990-04-09, (Appeal to be heard on May 25, 1990)
1990-04-09 Submission of motion to expedite the appeal, 1990-04-09, (Appeal to be heard on May 25, 1990)
1990-04-09 Appeal perfected for hearing, Session beginning on 1990-04-23
1990-04-06 Affidavit, for an order fixing April 30, 1990 as the date for the filing of the Respondent's factum John Joseph Blair Horn Whitbread
1990-04-06 Notice of miscellaneous motion, for an order fixing April 30, 1990 as the date for the filing of the Respondent's factum John Joseph Blair Horn Whitbread
1990-04-06 Affidavit John Joseph Blair Horn Whitbread
1990-04-06 Motion to expedite the appeal John Joseph Blair Horn Whitbread
1990-03-05 Appellant's factum, 20 copies, with service John Joseph Blair Horn Whitbread
1990-02-13 Order on motion to extend time, permitting the late filing of the Notice of intervention, with service
1990-02-08 Notice of intervention respecting a constitutional question, With service Attorney General of Saskatchewan
1990-02-06 Decision on motion to extend time, permitting the A.G. of Saskatchewan to file a Notice of intervention,, LaF
Granted, no order as to costs
1990-02-06 Hearing of motion to extend time, 1990-02-06, permitting the A.G. of Saskatchewan to file a Notice of intervention,, LaF
1990-02-06 Submission of motion to extend time, 1990-02-06, permitting the A.G. of Saskatchewan to file a Notice of intervention,, LaF
1990-02-05 Response to motion to extend time, to file a notice of intention of intervention for A.G. Sask. (joint with R01) John Joseph Blair Horn Whitbread
1990-02-05 Motion to extend time, to file a Notice of Intention to Intervene Attorney General of Saskatchewan
1989-07-26 Case on appeal, 22 copies (GIVEN TO R. BOUDREAU FOR CORRECTIONS ON Nov. 20/89 and returned Nov. 28/89)., with service John Joseph Blair Horn Whitbread
1989-07-17 Notice of intervention respecting a constitutional question, With service Attorney General for Ontario
1989-07-13 Notice of intervention respecting a constitutional question, With service Attorney General of Canada
1989-07-13 Notice of intervention respecting a constitutional question Attorney General of Quebec
1989-07-10 Notice of intervention respecting a constitutional question, With service Attorney General of Alberta
1989-07-10 Notice of intervention respecting a constitutional question Attorney General of British Columbia
1989-06-26 Notice of constitutional question(s), With service John Joseph Blair Horn Whitbread
1989-06-21 Order on motion to state a constitutional question
1989-06-16 Decision on the motion to state a constitutional question, (for Constitutional Questions see file or Reg's Red Bk #7 @ p.198. Interventions by July 17/89)., CJ
Granted, no order as to costs
1989-06-16 Hearing of the motion to state a constitutional question, 1989-06-16, (for Constitutional Questions see file or Reg's Red Bk #7 @ p.198. Interventions by July 17/89)., CJ
1989-06-16 Submission of motion to state a constitutional question, 1989-06-16, (for Constitutional Questions see file or Reg's Red Bk #7 @ p.198. Interventions by July 17/89)., CJ
1989-06-14 General proceeding, to note amended notice of motion to state a constitutional question, with service John Joseph Blair Horn Whitbread
1989-06-09 Motion to state a constitutional question, With service John Joseph Blair Horn Whitbread
1989-02-13 Notice of deposit of security, With service
1989-02-10 Notice of appeal, With service John Joseph Blair Horn Whitbread
1989-02-10 Order granting leave to appeal
1989-02-08 Notice of deposit of judgment issued to all parties, Gowling & Henderson (Ottawa,ON)
1989-02-08 $500 security deposit paid, receipt # 2057 John Joseph Blair Horn Whitbread
1989-02-02 Close file on Leave
1989-02-02 Judgment of the Court on the application for leave to appeal, McI W So, The application for leave to appeal is granted, costs in the cause.
Granted, with costs in the cause
1989-02-02 Hearing of the application for leave to appeal, 1989-02-02, McI W So
1989-02-02 All materials on application for leave submitted to the Judges, 1989-02-02, McI W So
1989-01-19 Correspondence received from, from Alan M. Ross, 1 copy sent to judges
1988-11-21 All materials on application for leave submitted to the Judges, McI W So
1988-11-18 Service, of Alan M. Ross
1988-11-18 Respondent's response on the application for leave to appeal, , 5 copies Robert Norman Walley
1988-11-17 Order on motion to extend time, time to file factum
1988-11-14 General proceeding, to note 5 copies of appellant's reply to memo of Greenwood & Horn now relied on by Respondent Wally John Joseph Blair Horn Whitbread
1988-11-03 Decision on motion to extend time, time to file supplementary argument, L'HD
Granted, no order as to costs
1988-11-03 Hearing of motion to extend time, 1988-11-03, time to file supplementary argument, L'HD
1988-11-03 Submission of motion to extend time, 1988-11-03, time to file supplementary argument, L'HD
1988-11-02 Response to motion to extend time, time to file supplementary argument John Joseph Blair Horn Whitbread
1988-10-28 Affidavit, time to file supplementary argument Robert Norman Walley
1988-10-28 Motion to extend time, time to file supplementary argument Robert Norman Walley
1988-10-14 Correspondence received from, from Scott & Aylen (Re: Filing a supplementary argument on behalf of R01) John Joseph Blair Horn Whitbread
1988-10-13 General proceeding, to note 5 copies of applicant's reply John Joseph Blair Horn Whitbread
1988-10-04 General proceeding, to note discontinuance against Horn & Greenwood, with service John Joseph Blair Horn Whitbread
1988-10-03 Respondent's response on the application for leave to appeal, 5 copies Robert Greenwood
1988-09-28 Respondent's response on the application for leave to appeal, 5 copies Robert Norman Walley
1988-09-14 Correspondence received from, advising of new rules sent to David E.McEwen (Van, BC)
1988-09-14 Correspondence received from, advising of new rules sent to W.S. Berardino (Van, BC)
1988-09-09 $30.00 filing fee, receipt # 12883 John Joseph Blair Horn Whitbread
1988-09-09 Application for leave to appeal, 5 copies, with service, Completed on: 1988-09-09 John Joseph Blair Horn Whitbread

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
Horn Whitbread, John Joseph Blair Applicant Active

v.

Main parties - Respondents
Name Role Status
Walley, Robert Norman Respondent Active
Greenwood, Robert Respondent Active
Horn, John A.N. Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of British Columbia Intervener Active
Attorney General of Quebec Intervener Active
Attorney General of Canada Intervener Active
Attorney General for Ontario Intervener Active

Counsel

Party: Horn Whitbread, John Joseph Blair

Counsel
Names
Alan M. Ross
G.A. Nelson
Contact information
Edwards, Kenny & Bray
1040 GEORGIA ST W
19TH FL
VANCOUVER, British Columbia
V6E 4H3
Telephone: (604) 689-1811
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: Walley, Robert Norman

Counsel
Names
William S. Berardino, Q.C.
B. McLeod
Contact information
Russell & DuMoulin
2100 - 1075 GEORGIA ST W
VANCOUVER, British Columbia
V6E 3G2
Telephone: (604) 631-3131
FAX: (604) 631-3232
Agent
Name
James I. Minnes
Contact information
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Greenwood, Robert

Counsel
Name
David F. McEwen
Contact information
McEwen, Schmitt & Company
1615 - 1055 Georgia St West
Vancouver, British Columbia
V6E 3R5
Telephone: (604) 683-1223

Party: Horn, John A.N.

Counsel
Name
David F. McEwen
Contact information
McEwen, Schmitt & Company
1615 - 1055 Georgia St West
Vancouver, British Columbia
V6E 3R5
Telephone: (604) 683-1223

Party: Attorney General of British Columbia

Counsel
Name
Bob Edwards
Contact information
Attorney General of British Columbia
609 BROUGHTON ST
VICTORIA, British Columbia
V8W 1C8
Telephone: (604) 660-3093
Agent
Name
W.G. Burke-Robertson, Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General of Quebec

Counsel
Names
Françoise Saint-Martin
Jean Bouchard
Contact information
Procureur général du Québec
1200 RTE DE L'ÉGLISE
2e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 646-1696
Agent
Name
Sylvie Roussel
Contact information
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Attorney General of Canada

Counsel
Names
John C. Tait, Q.C.
E.R. Sojonky
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4997

Party: Attorney General for Ontario

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

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

November 12, 1987
Supreme Court of British Columbia

C837504

Application dismissed

May 12, 1988
Court of Appeal for British Columbia (Vancouver)

CA008522

Appeal allowed

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

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Webcasts

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Date modified: 2025-05-13