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Case information

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21428

Old St. Boniface Residents Association Inc. v. City of Winnipeg, et al.

(Manitoba) (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)
1992-11-16 Correspondence (sent by the Court) to, sent to Court of Appeal of Manitoba (Winnipeg,MN) Re: Court records sent back.
1991-12-20 Appeal closed
1991-08-01 Approved order for payment out, " cheque #2202-02019433 " dated Aug\21\91 in the amount of $605.45 issued to Gowling Strathy & Henderson., with service
1991-01-18 Formal judgment sent to the registrar of the court of appeal and all parties, (Winnipeg,MN)
1991-01-18 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1991-01-18 Copy of formal judgment being prepared, Goldberg, Shinder, Gardner, Kronick (Ottawa,ON)
1990-12-20 Notice of deposit of judgment sent to all parties, Goldberg, Shinder, Gardner, Kronick (Ottawa,ON)
1990-12-20 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1990-12-20 Correspondence (sent by the Court) to, from C. Alain sent to His Honour S. E. Schwartz (Wpg,MN) enclosing complimentary copy of the reasons for judgment in this case.
1990-12-20 Judgment on the appeal rendered, CJ CJ W LaF L'HD So G Co McL, The appeal is dismissed with costs, La Forest, L'Heureux-Dubé and Cory JJ. dissenting.
Dismissed, with costs
1990-05-18 General proceeding, transcripts received and distributed to the justices (88 pages)
1990-05-01 Hearing of the appeal, 1990-05-01, CJ CJ W LaF L'HD So G Co McL
Decision reserved
1990-04-30 Appeal hearing scheduled, 1990-05-01
Decision reserved
1990-04-24 Book of authorities, 12 copies Old St. Boniface Residents Association Inc.
1990-04-24 General proceeding, 20 copies of appellant's reply factum Old St. Boniface Residents Association Inc.
1990-04-04 Appeal perfected for hearing, Session beginning on 1990-04-23
1990-04-03 Respondent's factum, 21 copies City of Winnipeg
1990-03-14 Service, of appellant's factum
1990-03-06 Service, of Case on Appeal, vols 1 and 2
1990-03-02 Appellant's factum, 21 copies Old St. Boniface Residents Association Inc.
1990-02-19 Case on appeal, 21 copies, vols 1 and 2 Old St. Boniface Residents Association Inc.
1990-02-19 Certified casebook, vols 1 and 2 Old St. Boniface Residents Association Inc.
1989-09-14 Notice of deposit of security, With service
1989-09-12 $500 security deposit paid, bank certificate #2100 Old St. Boniface Residents Association Inc.
1989-08-30 Notice of appeal, With service Old St. Boniface Residents Association Inc.
1989-08-30 Order granting leave to appeal, With service
1989-08-08 Close file on Leave
1989-08-08 Notice of deposit of judgment issued to all parties, Gowling & Henderson (Ott., Ont.)
1989-08-08 Notice of deposit of judgment issued to all parties, Goldberg, Shinder (Ott., Ont.)
1989-08-03 Judgment of the Court on the application for leave to appeal, CJ So McL, The application for leave to appeal is granted with costs, the appeal to be heard together with the appeal of Save Richmond Farmland Society, Marion Linda Smith, and George Alexander Taylor v. The Corporation of the Township of Richmond, The Council of the Corporation of the Township of Richmond, Hugh Mawby, Progressive Construction Ltd., Tempo Construction Ltd., Conway Richmond Ltd., Fraserview Construction Ltd., L. Horii Construction Ltd., First City Development Corp. Ltd. and Olga Ilich, # 21423.
Granted, with costs
1989-08-03 Hearing of the application for leave to appeal, 1989-08-03, CJ So McL
1989-08-03 All materials on application for leave submitted to the Judges, 1989-08-03, CJ So McL
1989-06-05 General proceeding, to note 5 copies of Applicant's reply to Respondent's Memorandum of Argument, with service Old St. Boniface Residents Association Inc.
1989-06-05 All materials on application for leave submitted to the Judges, CJ So McL
1989-05-26 Respondent's response on the application for leave to appeal, , 5 copies, with service City of Winnipeg
1989-05-09 $30.00 filing fee, receipt #14192. Old St. Boniface Residents Association Inc.
1989-05-09 Application for leave to appeal, 5 copies., with service, Completed on: 1989-05-09 Old St. Boniface Residents Association 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
Old St. Boniface Residents Association Inc. Applicant Active

v.

Main parties - Respondents
Name Role Status
City of Winnipeg Respondent Active
St. Boniface-St. Vital Community Committee Respondent Active

Counsel

Party: Old St. Boniface Residents Association Inc.

Counsel
Names
Arne Peltz
N.B. Nepon
Contact information
Public Interest Law Centre
402 - 294 Portage Ave
Winnipeg, Manitoba
R3C 0B9
Telephone: (204) 985-8541
FAX: (204) 985-8544
Email: PILCLAM@MTS.Net
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: City of Winnipeg

Counsel
Names
D'Arcy C.H. McCaffrey, Q.C.
C. Gillespie
Contact information
Taylor McCaffrey LLP
400 ST MARY AVE
9TH FL
WINNIPEG, Manitoba
R3C 4K5
Telephone: (204) 949-1312
FAX: (204) 957-0945
Agent
Name
Robert I. Steinberg
Contact information
Goldberg, Shinder, Gardner & Kronick
1800 - 280 SLATER ST
OTTAWA, Ontario
K1P 1C2
Telephone: (613) 237-4922
FAX: (613) 237-2920

Party: St. Boniface-St. Vital Community Committee

Counsel
Name
D'Arcy C.H. McCaffrey, Q.C.
Contact information
Taylor McCaffrey LLP
400 ST MARY AVE
9TH FL
WINNIPEG, Manitoba
R3C 4K5
Telephone: (204) 949-1312
FAX: (204) 957-0945
Agent
Name
Robert I. Steinberg
Contact information
Goldberg, Shinder, Gardner & Kronick
1800 - 280 SLATER ST
OTTAWA, Ontario
K1P 1C2
Telephone: (613) 237-4922
FAX: (613) 237-2920

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

August 2, 1988
Court of Queen’s Bench of Manitoba

CI 87-01-24826

Application granted

April 5, 1989
Court of Appeal of Manitoba

455/88

Respondent's appeal allowed - Applicant's cross-appeal dismissed

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

Not available

Webcasts

Not available.

Date modified: 2025-05-13