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21288

The Ship 'Lake Winnipeg' and Her Owners v. Sunrise Company Limited, et al.

(Federal) (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)
1994-07-11 Appeal closed
1991-08-22 Certificate of taxation issued to, Osler, Hoskins
1991-08-22 Fee on taxation $30.00, Rec.#23113 Sunrise Company Limited
1991-08-12 Decision on the bill of costs, at $3,324.00 (consented to), with service
1991-03-11 Copy of formal judgment being prepared, Osler, Hoskin & Harcourt (Ottawa,ON)
1991-03-11 Copy of formal judgment being prepared, McMaster, Meighen (Ottawa,ON)
1991-03-11 Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. (Ottawa,ON)
1991-03-08 Record returned to the Registrar of the Court of Appeal, F.C.A. (Ottawa,ON)
1991-01-22 Correspondence (sent by the Court) to, sent to His Honour Bud Cullen, P.C. (Ottawa,ON) enclosing a complimentary copy of the reasons for judgment in this case.
1991-01-18 Notice of deposit of judgment sent to all parties, McMaster, Meighen (Ottawa,ON0
1991-01-18 Notice of deposit of judgment sent to all parties, Osler, Hoskin & Harcourt (Ottawa,ON)
1991-01-17 Judgment on the appeal rendered, CJ W LaF L'HD So G McL, The appeal of Sunrise Co. is allowed, the judgment of the Federal Court of Appeal is set aside and the findings of the trial judge are restored, the whole with costs both in the Federal Court of Appeal and in this Court, Gonthier and McLachlin JJ. dissenting in part. The appeal by the ship Lake Winnipeg is dismissed with costs.
Dismissed, with costs
1990-06-05 General proceeding, transcripts received and distributed to the justices (74 pages)
1990-05-23 General proceeding, appendix A to factum Sunrise Company Limited
1990-05-23 Hearing of the appeal, 1990-05-23, CJ W LaF L'HD So G McL
Decision reserved
1990-05-15 Service, of Respondent's factum
1990-05-14 Book of authorities, 10 copies (joint) vol.I,II & III The Ship 'Lake Winnipeg' and Her Owners
1990-05-08 Respondent's factum, 21 copies, with service Sunrise Company Limited
1990-05-01 Decision on motion to file a lengthy factum, namely 55 pages,, LaF
Dismissed, no order as to costs
1990-05-01 Hearing of motion to file a lengthy factum, 1990-05-01, namely 55 pages,, LaF
1990-05-01 Submission of motion to file a lengthy factum, 1990-05-01, namely 55 pages,, LaF
1990-04-30 Appeal hearing scheduled, 1990-05-23
Decision reserved
1990-04-26 Response to the motion to file a lengthy factum, 2 copies The Ship 'Lake Winnipeg' and Her Owners
1990-04-26 Affidavit, of Trevor Bishop (2 copies), with service Sunrise Company Limited
1990-04-26 Motion to file a lengthy factum, 2 copies, with service Sunrise Company Limited
1990-04-12 Notice of hearing, With service The Ship 'Lake Winnipeg' and Her Owners
1990-04-04 Correspondence (sent by the Court) to, from Olser, re: hearing between May 17 and June 14 , 1990
1990-04-02 Appellant's factum, 21 copies joint with 21264, with service The Ship 'Lake Winnipeg' and Her Owners
1990-03-07 Appeal perfected for hearing, Session beginning on 1990-04-23
1990-02-23 Case on appeal, 21 copies, vols 1 to 7 The Ship 'Lake Winnipeg' and Her Owners
1989-08-03 Order on motion to dispense with printing
1989-08-03 Decision on motion to dispense with printing, Reg
Granted, no order as to costs
1989-08-03 Hearing of motion to dispense with printing, 1989-08-03, Reg
1989-08-03 Submission of motion to dispense with printing, 1989-08-03, Reg
1989-08-01 Response to motion to dispense with printing Sunrise Company Limited
1989-08-01 Affidavit The Ship 'Lake Winnipeg' and Her Owners
1989-08-01 Motion to dispense with printing The Ship 'Lake Winnipeg' and Her Owners
1989-06-27 Order granting leave to appeal
1989-06-20 Notice of appeal The Ship 'Lake Winnipeg' and Her Owners
1989-06-12 Close file on Leave
1989-06-12 Notice of deposit of judgment issued to all parties, McMaster, Meighen (Mtl, Qc)
1989-06-12 Notice of deposit of judgment issued to all parties, Brisset, Bishop, Davidson (Mtl, Qc)
1989-06-08 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
1989-06-08 Hearing of the application for leave to appeal, 1989-06-08, La LaF L'HD
1989-06-08 All materials on application for leave submitted to the Judges, 1989-06-08, La LaF L'HD
1989-03-29 All materials on application for leave submitted to the Judges, La LaF L'HD
1989-01-03 $30.00 filing fee, receipt #13418 The Ship 'Lake Winnipeg' and Her Owners
1989-01-03 Application for leave to appeal, 5 copies, with service, Completed on: 1989-01-03 The Ship 'Lake Winnipeg' and Her Owners

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
The Ship 'Lake Winnipeg' and Her Owners Applicant Active

v.

Main parties - Respondents
Name Role Status
Sunrise Company Limited Respondent Active
Ceres Hellenic Shipping Enterprises Ltd. Respondent Active

Counsel

Party: The Ship 'Lake Winnipeg' and Her Owners

Counsel
Name
Sean J. Harrington
Contact information
McMaster Meighen
900 - 1000 RUE DE LA GAUCHETIERE O
MONTRÉAL, Quebec
H3B 4W5
Telephone: (514) 879-1212
Agent
Name
Michael A. Chambers
Contact information
Bédard, Saucier
31, Bourque
Hull, Quebec
J8Y 1X2
Telephone: (819) 771-1210
FAX: (819) 778-8957

Party: Sunrise Company Limited

Counsel
Name
Trevor H. Bishop
Contact information
Brisset Bishop
1400 - 1080 COTE DU BEAVER HALL
MONTRÉAL, Quebec
H2Z 1S8
Telephone: (514) 393-3700
FAX: (514) 393-1211
Agent
Name
Michael L. Phelan
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867

Party: Ceres Hellenic Shipping Enterprises Ltd.

Counsel
Name
Trevor H. Bishop
Contact information
Brisset Bishop
1400 - 1080 COTE DU BEAVER HALL
MONTRÉAL, Quebec
H2Z 1S8
Telephone: (514) 393-3700
FAX: (514) 393-1211
Agent
Name
Michael L. Phelan
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867

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

May 21, 1987
Federal Court of Canada, Trial Division

Not listed

Judgment for the Respondents

November 14, 1988
Federal Court of Appeal

A-434-87

Appeal allowed in part

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