Case information
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21186
Director of Soldier Settlement v. Fred King, executor of the Last Will & Testament of Charlie Snider, deceased, et al.
(Alberta) (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) |
|---|---|---|
| 1992-06-29 | Appeal closed | |
| 1991-08-28 | Record returned to the Registrar of the Court of Appeal, (Edm., Alta.) | |
| 1991-07-19 | Copy of formal judgment being prepared, Department of Justice (Ottawa,ON) | |
| 1991-07-19 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1991-07-19 | Copy of formal judgment being prepared, Perley-Robertson, Panet, Hill & McDougall (ott,ON) | |
| 1991-07-19 | Formal judgment sent to the registrar of the court of appeal and all parties, (Edmonton,AB) | |
| 1991-06-27 | Notice of deposit of judgment sent to all parties, John C. Tait, Q.C. C/O Dept. of Justice (Ott,ON) | |
| 1991-06-27 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1991-06-27 | Notice of deposit of judgment issued to all parties, Soloway, Wright, Houston (Ottawa,ON) | |
| 1991-06-27 | Notice of deposit of judgment sent to all parties, Perley-Robertson, Panet, Hill & McDougall (Ottawa,ON) | |
| 1991-06-27 |
Judgment on the appeal rendered, LaF So G Co McL St Ia, The appeal is dismissed, the respondent executors are entitled to the mines and minerals (except coal) and are awarded costs except for the appeal in the Court of Appeal where they did not appear. La Forest and Cory JJ. are dissenting. Dismissed, costs in this Court and in the Trial Court |
|
| 1991-03-11 | General proceeding, transcripts received and distributed to the justices (125 pages) | |
| 1991-02-27 |
Hearing of the appeal, 1991-02-27, LaF So G Co McL St Ia Decision reserved |
|
| 1991-02-26 | Correspondence (sent by the Court) to, counsel appearing on appeal: Terrence Joyce, Q.C. and Kirk Lambrecht | |
| 1991-02-22 | Correspondence (sent by the Court) to, from David W. Kinloch; re: counsel appearing on appeal | |
| 1991-02-22 | Correspondence (sent by the Court) to, from Tom Irvine advising that he will be appearing on this appeal | |
| 1991-02-22 | Intervener's factum, 21 copies, with service | Attorney General of Saskatchewan |
| 1991-02-13 | Book of authorities, STATUTES 10 copies | Director of Soldier Settlement |
| 1991-02-13 | Book of authorities, 10 copies | Director of Soldier Settlement |
| 1991-02-08 | Book of authorities, LIST OF STATUTES 10 copies, with service | Albert Snider, executor of the Last Will & Testament of Tillie Snider, deceased |
| 1991-02-08 | Book of authorities, 10 copies, with service | Albert Snider, executor of the Last Will & Testament of Tillie Snider, deceased |
| 1991-02-06 | Intervener's factum, 21 copies, with service | Attorney General of Manitoba |
| 1991-01-31 | Book of authorities, 10 copies | Attorney General of Alberta |
| 1991-01-30 | Respondent's factum, 20 copies, with service | Fred King, executor of the Last Will & Testament of Charlie Snider, deceased |
| 1991-01-18 |
Appeal hearing scheduled, 1991-02-27 Decision reserved |
|
| 1991-01-11 | Notice of hearing, With service | Director of Soldier Settlement |
| 1991-01-04 | Appeal perfected for hearing, Session beginning on 1991-01-21 | |
| 1991-01-02 | Service, of STATUTES | |
| 1991-01-02 | Service, of respondent's factum | |
| 1990-12-21 | Book of authorities, STATUTES 9 copies, with service | Attorney General of Alberta |
| 1990-12-21 | Respondent's factum, 20 copies, with service | Attorney General of Alberta |
| 1990-11-13 | Appeal court record, 1 box (joint with a023) | |
| 1990-11-13 | Trial court record, 1 box (joint with a025) | |
| 1990-08-13 | Appellant's factum, 21 copies, with service | Director of Soldier Settlement |
| 1990-07-30 | Case on appeal, 21 copies, with service | Director of Soldier Settlement |
| 1990-07-10 | Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause | |
| 1990-07-10 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, Co Granted, no order as to costs |
|
| 1990-07-10 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1990-07-10, Co | |
| 1990-07-10 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1990-07-10, Co | |
| 1990-07-09 | Order granting leave to appeal, 2 copies | |
| 1990-07-09 | Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause | Attorney General of Alberta |
| 1990-07-09 | Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, does not consent to the inscription | Fred King, executor of the Last Will & Testament of Charlie Snider, deceased |
| 1990-07-09 | Affidavit, of Kirk N. Lambrecht | Director of Soldier Settlement |
| 1990-07-09 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, , and permitting the inscription of this appeal for the sittings of October, 1990. | Director of Soldier Settlement |
| 1989-04-28 | Notice of intervention respecting a constitutional question, With service | Attorney General of Manitoba |
| 1989-04-28 | Notice of intervention respecting a constitutional question, With service | Attorney General of Saskatchewan |
| 1989-04-13 | Notice of constitutional question(s), With service | Director of Soldier Settlement |
| 1989-04-07 | Order on motion to state a constitutional question | |
| 1989-03-31 | Correspondence (sent by the Court) to, to note letter fr. Court to solicitors for the respondents King et al advising them that the Dept. of Justice would be prepared to underwrite the cost of legal representation at the hearing of the appeal | |
| 1989-03-23 |
Decision on the motion to state a constitutional question, (for constitution questions see file or Registrar's Red Book #7 @p. 169. Interventions by April 28/89)., CJ Granted, no order as to costs |
|
| 1989-03-23 | Hearing of the motion to state a constitutional question, 1989-03-23, (for constitution questions see file or Registrar's Red Book #7 @p. 169. Interventions by April 28/89)., CJ | |
| 1989-03-23 | Submission of motion to state a constitutional question, 1989-03-23, (for constitution questions see file or Registrar's Red Book #7 @p. 169. Interventions by April 28/89)., CJ | |
| 1989-03-15 | Correspondence (sent by the Court) to, to note letter dated Mar.8/89 fr. David J.Stratton | |
| 1989-03-09 |
Hearing of the motion to state a constitutional question, 1989-03-09 Decision reserved |
|
| 1989-03-09 |
Submission of motion to state a constitutional question, 1989-03-09 Decision reserved |
|
| 1989-03-07 | General proceeding, to note letter fr. Lucas, Bishop re not participating in the appeal | Fred King, executor of the Last Will & Testament of Charlie Snider, deceased |
| 1989-03-01 | Motion to state a constitutional question, With service | Director of Soldier Settlement |
| 1989-03-01 | Notice of appeal, With service | Director of Soldier Settlement |
| 1989-02-10 | Close file on Leave | |
| 1989-02-10 | Notice of deposit of judgment issued to all parties, Gowling & Henderson (Ottawa,ON) | |
| 1989-02-10 | Notice of deposit of judgment issued to all parties, Mr. David J. Stratton (Edmonton,AB) | |
| 1989-02-02 |
Judgment of the Court on the application for leave to appeal, La LaF L'HD, 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, La LaF L'HD | |
| 1989-02-02 | All materials on application for leave submitted to the Judges, 1989-02-02, La LaF L'HD | |
| 1988-11-28 | All materials on application for leave submitted to the Judges, La LaF L'HD | |
| 1988-11-01 | Correspondence received from, Letter re new rules sent to Lucas, Bishop (Edm., Alta.) | |
| 1988-10-31 | General proceeding, to note 3 copies of appendix book | Director of Soldier Settlement |
| 1988-10-31 | $30.00 filing fee, debited to Department of Justice Account | Director of Soldier Settlement |
| 1988-10-31 | Application for leave to appeal, 5 copies, with service, Completed on: 1988-10-31 | Director of Soldier Settlement |
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 |
|---|---|---|
| Director of Soldier Settlement | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Fred King, executor of the Last Will & Testament of Charlie Snider, deceased | Respondent | Active |
| Albert Snider, executor of the Last Will & Testament of Tillie Snider, deceased | Respondent | Active |
| Fred Snider, executor of the Last Will & Testament of Tillie Snider, deceased | Respondent | Active |
| Attorney General of Alberta | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Saskatchewan | Intervener | Active |
| Attorney General of Manitoba | Intervener | Active |
Counsel
Party: Director of Soldier Settlement
Counsel
Terrence Joyce, Q.C.
K.N. Lambrecht
K.N. Lambrecht
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4826
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4826
Agent
John C. Tait, Q.C.
Attorney General of Canada, Department of Justice Canada
East Memorial Bldg, Service Centre
284 Wellington St 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
East Memorial Bldg, Service Centre
284 Wellington St 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
Party: Fred King, executor of the Last Will & Testament of Charlie Snider, deceased
Counsel
Elizabeth Johnson
Robert B. White
Robert B. White
Lucas Bowker & White
1201 ESSO TOWER
10060 JASPER AVE
EDMONTON, Alberta
T5J 4E5
Telephone: (403) 426-5330
FAX: (403) 428-1066
1201 ESSO TOWER
10060 JASPER AVE
EDMONTON, Alberta
T5J 4E5
Telephone: (403) 426-5330
FAX: (403) 428-1066
Agent
Anne L. MacTavish
Perley-Robertson, Panet, Hill & McDougall
830 - 99 Bank St
Ottawa, Ontario
K1P 6C1
Telephone: (613) 238-2022
FAX: (613) 238-8775
830 - 99 Bank St
Ottawa, Ontario
K1P 6C1
Telephone: (613) 238-2022
FAX: (613) 238-8775
Party: Albert Snider, executor of the Last Will & Testament of Tillie Snider, deceased
Counsel
Elizabeth Johnson
Lucas Bowker & White
1201 ESSO TOWER
10060 JASPER AVE
EDMONTON, Alberta
T5J 4E5
Telephone: (403) 426-5330
FAX: (403) 428-1066
1201 ESSO TOWER
10060 JASPER AVE
EDMONTON, Alberta
T5J 4E5
Telephone: (403) 426-5330
FAX: (403) 428-1066
Agent
Anne L. MacTavish
Perley-Robertson, Panet, Hill & McDougall
830 - 99 Bank St
Ottawa, Ontario
K1P 6C1
Telephone: (613) 238-2022
FAX: (613) 238-8775
830 - 99 Bank St
Ottawa, Ontario
K1P 6C1
Telephone: (613) 238-2022
FAX: (613) 238-8775
Party: Fred Snider, executor of the Last Will & Testament of Tillie Snider, deceased
Counsel
Elizabeth Johnson
Lucas Bowker & White
1201 ESSO TOWER
10060 JASPER AVE
EDMONTON, Alberta
T5J 4E5
Telephone: (403) 426-5330
FAX: (403) 428-1066
1201 ESSO TOWER
10060 JASPER AVE
EDMONTON, Alberta
T5J 4E5
Telephone: (403) 426-5330
FAX: (403) 428-1066
Agent
Anne L. MacTavish
Perley-Robertson, Panet, Hill & McDougall
830 - 99 Bank St
Ottawa, Ontario
K1P 6C1
Telephone: (613) 238-2022
FAX: (613) 238-8775
830 - 99 Bank St
Ottawa, Ontario
K1P 6C1
Telephone: (613) 238-2022
FAX: (613) 238-8775
Party: Attorney General of Alberta
Counsel
David William Kinlock
Attorney General of Alberta
9833 - 109TH ST NW
EDMONTON, Alberta
T5K 2E8
Telephone: (403) 498-3377
FAX: (403) 425-0307
9833 - 109TH ST NW
EDMONTON, Alberta
T5K 2E8
Telephone: (403) 498-3377
FAX: (403) 425-0307
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General of Saskatchewan
Counsel
Brian Barrington-Foote, Q.C.
Tom Irvine
Tom Irvine
Attorney General of Saskatchewan
1874 Scarth St 10th Fl
PO Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-6458
1874 Scarth St 10th Fl
PO Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-6458
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General of Manitoba
Counsel
Dirk D. Blevins
Attorney General of Manitoba
450 BROADWAY AVE
WINNIPEG, Manitoba
R3C 0V8
Telephone: (204) 945-2878
450 BROADWAY AVE
WINNIPEG, Manitoba
R3C 0V8
Telephone: (204) 945-2878
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Summary
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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.
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Lower court rulings
August 17, 1988
Court of Appeal of Alberta (Edmonton)
18834
Court of Appeal of Alberta (Edmonton)
18834
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.
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Factums on appeal
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Date modified: 2025-05-13