Skip to main content

Case information

Consult our database for details on a Supreme Court of Canada case.


21381

Bank of Montreal, Thorne, Ernst & Whinney Inc. v. Municipality of the County of Cape Breton

(Nova Scotia) (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)
1994-07-13 Close file on Leave
1989-08-03 Fee on taxation $30, receipt #14935 Municipality of the County of Cape Breton
1989-08-03 Certificate of taxation issued to, Osler, Hoskin
1989-07-26 Decision on the bill of costs, at $280.00
1989-07-25 General proceeding, (fax) letter fr. Grace, Neville re: consent to bill of costs Bank of Montreal, Thorne, Ernst & Whinney Inc.
1989-07-10 Bill of costs, With service Municipality of the County of Cape Breton
1989-06-19 Correspondence received from, copy of formal judgment sent to Patterson, Kitz (Halifax, N.S.)
1989-06-14 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Registrar (Halifax, N.S.)
1989-05-19 Notice of deposit of judgment issued to all parties, Osler, Hoskin (Ott., Ont.)
1989-05-19 Notice of deposit of judgment issued to all parties, Grace, Neville & Hall (Ott., Ont.)
1989-05-18 Judgment of the Court on the application for leave to appeal, W LaF Co, The application for leave to appeal is dismissed with costs.
Dismissed, with costs
1989-05-18 Hearing of the application for leave to appeal, 1989-05-18, W LaF Co
1989-05-18 All materials on application for leave submitted to the Judges, 1989-05-18, W LaF Co
1989-04-25 All materials on application for leave submitted to the Judges, W LaF Co
1989-03-28 Respondent's response on the application for leave to appeal, 5 copies., with service Municipality of the County of Cape Breton
1989-03-21 Service, of motion book, with service
1989-03-06 Affidavit, of Joel Fichaud Bank of Montreal, Thorne, Ernst & Whinney Inc.
1989-03-06 Application for leave to appeal, , 5 copies, Completed on: 1989-03-06 Bank of Montreal, Thorne, Ernst & Whinney Inc.

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
Bank of Montreal, Thorne, Ernst & Whinney Inc. Applicant Active

v.

Main parties - Respondents
Name Role Status
Municipality of the County of Cape Breton Respondent Active

Counsel

Party: Bank of Montreal, Thorne, Ernst & Whinney Inc.

Counsel
Name
Joel E. Fichaud, Q.C.
Contact information
Patterson Palmer Hunt Murphy
1600 - 5151, George St.
P.O. Box 247, Stn Central
Halifax, Nova Scotia
B3J 2N9
Telephone: (902) 492-2029
FAX: (902) 429-5215
Email: jfichaud@pphm.com
Agent
Name
Stephen J. Grace
Contact information
Neville, Hall & Selkirk
222 Somerset St W
3rd Fl
Ottawa, Ontario
K2P 2G3
Telephone: (613) 237-7092
FAX: (613) 237-1156

Party: Municipality of the County of Cape Breton

Counsel
Name
Gerald R.P. Moir
Contact information
Burchell, MacDougall & Gruchy
710 PRINCE ST
BOX 1128
TRURO, Nova Scotia
B2N 5H7
Telephone: (902) 895-1561

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

March 29, 1988
Supreme Court of Nova Scotia, Trial Division

S.H. No. 50897

Action dismissed

January 12, 1989
Nova Scotia Court of Appeal

S.C.A. 01956

Appeal dismissed - cross-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 613-996-8666 or at 1-844-365-9662.

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 613-996-8666 or at 1-844-365-9662.

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 613-996-8666 or at 1-844-365-9662.

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

Not available

Webcasts

Not available.

Date modified: 2025-02-27