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21329

Virginia Allison Scarff, an infant by her next friend, Daphne Rose Scarff v. Gordon Bruce Wilson, 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)
2004-04-20 Payment out cheque issued, ($656.56)
2004-04-02 Approved order for payment out, (sent to Finance April 5/04)
2004-04-02 Decision on miscellaneous motion, to reimburse the $500 security deposit - Document not microfilmed but is on file
, Reg
Granted
2004-04-02 Submission of miscellaneous motion, Reg
2004-02-13 Notice of miscellaneous motion, reimboursement of $500 deposit - Document not microfilmed but is on file
, Completed on: 2004-03-26
Virginia Allison Scarff, an infant by her next friend, Daphne Rose Scarff
1990-10-09 Appeal closed
1990-03-19 Copy of formal judgment being prepared, Osler, Hoskin & Harcourt (Ottawa,ON)
1990-03-19 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,On)
1990-03-19 Formal judgment sent to the registrar of the court of appeal and all parties, (Vancouver,BC)
1990-02-28 Approved order for payment out, With service
1989-10-10 Correspondence (sent by the Court) to, Court of Appeal record returned to Registrar (Vanc., B.C.)
1989-10-03 Notice of deposit of judgment sent to all parties, Michael Phelan (Ottawa,ON)
1989-10-03 Notice of deposit of judgment sent to all parties, E. Van Bemmel (Ottawa,ON)
1989-09-28 Judgment on the appeal rendered, CJ La W LaF L'HD So G Co McL, The appeal is allowed and the case is remitted to the Supreme Court of British Columbia for determination of the amount which should be added to the awrad on account of taxation in relation to the award for future care. The plaintiff is entitled to costs throughout on the issue raised in the appeal.
Allowed, costs in this Court and courts below
1989-06-08 General proceeding, transcript received and distributed to the Justices.
1989-05-24 Hearing of the appeal, 1989-05-24, CJ La W LaF L'HD So G Co McL
Decision reserved
1989-05-23 Appeal court record
1989-05-19 Book of authorities, , 10 copies income tax authorities Gordon Bruce Wilson
1989-05-19 General proceeding, to note 10 copies of joint authorities, vols. 1 to 6 Virginia Allison Scarff, an infant by her next friend, Daphne Rose Scarff
1989-05-19 Book of authorities, , 10 copies volume 1 & 2 Virginia Allison Scarff, an infant by her next friend, Daphne Rose Scarff
1989-05-19 Respondent's factum, , 21 copies, with service Gordon Bruce Wilson
1989-05-17 Certified casebook, , 1 copy volume 1 & 2, with service Virginia Allison Scarff, an infant by her next friend, Daphne Rose Scarff
1989-05-15 Appellant's factum, , 21 copies, with service Virginia Allison Scarff, an infant by her next friend, Daphne Rose Scarff
1989-05-12 Order granting leave to appeal
1989-05-11 Notice of appeal, With service Virginia Allison Scarff, an infant by her next friend, Daphne Rose Scarff
1989-05-08 Case on appeal, , 21 copies vols. 1 & 2 Virginia Allison Scarff, an infant by her next friend, Daphne Rose Scarff
1989-05-02 Notice of appeal, With service Virginia Allison Scarff, an infant by her next friend, Daphne Rose Scarff
1989-04-20 $500 security deposit paid, receipt # 2070 Virginia Allison Scarff, an infant by her next friend, Daphne Rose Scarff
1989-04-17 Notice of deposit of judgment issued to all parties, Osler, Hoskin, Harcourt (Ott., Ont.)
1989-04-17 Notice of deposit of judgment issued to all parties, Gowling & Henderson (Ott., Ont.)
1989-04-17 Notice of deposit of judgment issued to all parties, Gowling & Henderson (Ott., Ont.)
1989-04-17 Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt (Ott., Ont.)
1989-04-13 Appeal hearing scheduled, 1989-05-24
Decision reserved
1989-04-13 Appeal perfected for hearing, Session beginning on 1989-01-23
1989-04-13 Judgment of the Court on the application for leave to appeal, CJ W Co, The application for leave to appeal is granted, costs in the cause, the appeal to be heard May 24, 1989, together with the appeal of Donald Edwin Watkins v. Ian Frank Olafson, et al, # 20598.
Granted, with costs in the cause
1989-04-13 Hearing of the application for leave to appeal, 1989-04-13, CJ W Co
1989-04-13 All materials on application for leave submitted to the Judges, 1989-04-13, CJ W Co
1989-03-06 Close file on Leave
1989-03-06 General proceeding, to note 5 copies of reply to Respondent's factum Virginia Allison Scarff, an infant by her next friend, Daphne Rose Scarff
1989-02-24 All materials on application for leave submitted to the Judges, CJ W Co
1989-02-17 Service, of motion book
1989-02-10 Respondent's response on the application for leave to appeal, , 5 copies, with service Gordon Bruce Wilson
1989-02-08 Book of authorities, , 4 copies Virginia Allison Scarff, an infant by her next friend, Daphne Rose Scarff
1989-01-30 Correspondence received from, Letter re new rules sent to Bourne, Lyall (Vanc., B.C.)
1989-01-30 Correspondence received from, Letter re new rules sent to Guild, Yule, Lane (Vanc., B.C.)
1989-01-23 $30.00 filing fee, , receipt # 13773 Virginia Allison Scarff, an infant by her next friend, Daphne Rose Scarff
1989-01-23 Application for leave to appeal, 5 copies, Completed on: 1989-01-23 Virginia Allison Scarff, an infant by her next friend, Daphne Rose Scarff

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
Scarff, an infant by her next friend, Daphne Rose Scarff, Virginia Allison Applicant Active

v.

Main parties - Respondents
Name Role Status
Wilson, Gordon Bruce Respondent Active
G. Wilson Construction Co. Ltd. Respondent Active
Jesse, Donna Respondent Active

Counsel

Party: Scarff, an infant by her next friend, Daphne Rose Scarff, Virginia Allison

Counsel
Nathan H. Smith
John Laxton
Laxton & Company
1285 PENDER ST W
10TH FL
VANCOUVER, British Columbia
V6E 4B1
Telephone: (604) 682-3871
FAX: (604) 682-3704
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Wilson, Gordon Bruce

Counsel
R.R. Holmes
Edgar Sexton, Q.C.
Guild, Yule, Sullivan, Yule, Truscott & Slivinski
2000 - 595 BURRARD ST
PO BOX 49170
VANCOUVER, British Columbia
V7X 1R7
Telephone: (604) 688-1221
FAX: (604) 688-1315
Agent
Michael L. Phelan
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867

Party: G. Wilson Construction Co. Ltd.

Counsel
R.R. Holmes
Guild, Yule, Sullivan, Yule, Truscott & Slivinski
2000 - 595 BURRARD ST
PO BOX 49170
VANCOUVER, British Columbia
V7X 1R7
Telephone: (604) 688-1221
FAX: (604) 688-1315
Agent
Michael L. Phelan
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867

Party: Jesse, Donna

Counsel
Avon M. Mersey
Fasken Martineau DuMoulin
2100 - 1075 West Georgia Street
Vancouver, British Columbia
V6E 3G2
Telephone: (604) 631-3131
FAX: (604) 631-3232
Agent
Michael L. Phelan
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867

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

December 5, 1986
Supreme Court of British Columbia

C827458

Action allowed - damages assessed

November 25, 1988
Court of Appeal for British Columbia (Vancouver)

CA006987

Appeal dismissed with costs

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.

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

Factums on appeal

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

Webcasts

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Date modified: 2025-05-13