Case information
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21701
Gerald Merlin Kitchen v. D.H. McMullen
(New Brunswick) (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) |
|---|---|---|
| 1990-04-23 | Close file on Leave | |
| 1990-03-19 | Copy of formal judgment on leave being prepared, Honeywell, Wotherspoon (Ottawa,ON) | |
| 1990-03-19 | Copy of formal judgment on leave being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1990-03-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, (Fredericton,NB) | |
| 1990-02-22 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1990-02-22 | Notice of deposit of judgment issued to all parties, Honeywell, Wotherspoon (Ottawa,ON) | |
| 1990-02-22 |
Judgment of the Court on the application for leave to appeal, La LaF L'HD, The application for leave to appeal is dismissed with costs. Dismissed, with costs |
|
| 1990-02-22 | Hearing of the application for leave to appeal, 1990-02-22, La LaF L'HD | |
| 1990-02-22 | All materials on application for leave submitted to the Judges, 1990-02-22, La LaF L'HD | |
| 1990-02-19 | Order on motion to extend time, to serve and file the respondent's argument, | |
| 1990-02-06 |
Decision on motion to extend time, to serve and file the respondent's argument to Jan/12/90,, LaF Granted, no order as to costs |
|
| 1990-02-06 | Hearing of motion to extend time, 1990-02-06, to serve and file the respondent's argument to Jan/12/90,, LaF | |
| 1990-02-06 | Submission of motion to extend time, 1990-02-06, to serve and file the respondent's argument to Jan/12/90,, LaF | |
| 1990-02-02 | Response to motion to extend time, to serve and file a Respondent's argument | Gerald Merlin Kitchen |
| 1990-02-02 | Affidavit, to serve and file a Respondent's argument of Eduard J. Van Bemmel | D.H. McMullen |
| 1990-02-02 | Motion to extend time, to serve and file a Respondent's argument to Jan. 12\90 | D.H. McMullen |
| 1990-01-23 | All materials on application for leave submitted to the Judges, La LaF L'HD | |
| 1990-01-09 | Respondent's response on the application for leave to appeal, 6 copies, with service | D.H. McMullen |
| 1989-12-19 | $30.00 filing fee, receipt #16406 | Gerald Merlin Kitchen |
| 1989-12-13 | Application for leave to appeal, 5 copies, with service, Completed on: 1989-12-13 | Gerald Merlin Kitchen |
| 1989-11-27 | Order on motion to extend the time to file and/or serve the leave application | |
| 1989-11-27 |
Decision on motion to extend time to file and /or serve the leave application, to Dec. 13/89., W Granted, no order as to costs |
|
| 1989-11-27 | Hearing of motion to extend time to file and/ or serve the leave application, 1989-11-27, to Dec. 13/89., W | |
| 1989-11-27 | Submission of motion to extend time to file and/ or serve the leave application, 1989-11-27, to Dec. 13/89., W | |
| 1989-11-23 | General proceeding, (to note) fax letter fr. Gilbert, McGloan re: not consenting or opposing application to extend time | D.H. McMullen |
| 1989-11-23 | Affidavit, With service | Gerald Merlin Kitchen |
| 1989-11-23 | Motion to extend the time to file and or serve the application for leave to appeal, With service | Gerald Merlin Kitchen |
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 |
|---|---|---|
| Kitchen, Gerald Merlin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| McMullen, D.H. | Respondent | Active |
Counsel
Party: Kitchen, Gerald Merlin
Counsel
98 PROSPECT ST W
FREDERICTON, New Brunswick
E3B 2T8
Telephone: (506) 453-9898
Agent
Ottawa, Ontario
K1P 5J3
Telephone: (613) 594-8780
FAX: (613) 238-1323
Party: McMullen, D.H.
Counsel
710 - 55 Union Street
P.O. Box 7174
Saint John, New Brunswick
E2L 4S6
Telephone: (506) 634-3600
FAX: (506) 634-3612
Email: rjgillis@gmglaw.com
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
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
Court of Queen’s Bench of New Brunswick
F/C/364/84
Action dismissed
Court of Appeal of New Brunswick
147/88/CA
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
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Related links
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
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