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.
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.
| 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
| Name | Role | Status |
|---|---|---|
| Horn Whitbread, John Joseph Blair | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Walley, Robert Norman | Respondent | Active |
| Greenwood, Robert | Respondent | Active |
| Horn, John A.N. | Respondent | Active |
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
G.A. Nelson
1040 GEORGIA ST W
19TH FL
VANCOUVER, British Columbia
V6E 4H3
Telephone: (604) 689-1811
Agent
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
B. McLeod
2100 - 1075 GEORGIA ST W
VANCOUVER, British Columbia
V6E 3G2
Telephone: (604) 631-3131
FAX: (604) 631-3232
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Greenwood, Robert
Counsel
1615 - 1055 Georgia St West
Vancouver, British Columbia
V6E 3R5
Telephone: (604) 683-1223
Party: Horn, John A.N.
Counsel
1615 - 1055 Georgia St West
Vancouver, British Columbia
V6E 3R5
Telephone: (604) 683-1223
Party: Attorney General of British Columbia
Counsel
609 BROUGHTON ST
VICTORIA, British Columbia
V8W 1C8
Telephone: (604) 660-3093
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Attorney General of Quebec
Counsel
Jean Bouchard
1200 RTE DE L'ÉGLISE
2e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 646-1696
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General of Canada
Counsel
E.R. Sojonky
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4997
Party: Attorney General for Ontario
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
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 British Columbia
C837504
Application dismissed
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
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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
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
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