Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
21734
Diane Estelle Breton Smalley v. Leonard Richard Smalley
(Alberta) (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) |
|---|---|---|
| 1992-07-07 | Correspondence received from, of Claude E. Alain to Madame Justice Smith (Court of Queen's Bench of Alberta) to confirm that this appeal has been closed by the SCC. Attached is a copy of a letter sent by the Registrar to Mrs. Breton Smalley attesting to this fact. | |
| 1992-05-13 | Appeal closed | |
| 1992-05-13 | Close file on Leave | |
| 1992-04-13 | Correspondence (sent by the Court) to, from C. Alain sent to Mr. Justice Stevenson (Copy of letter Registrar sent to Mrs. Breton-Smalley) | |
| 1992-04-10 | Correspondence (sent by the Court) to, sent to Mrs. Breton-Smalley (Winterburn,AB) advising her of the following: 1. Appeals can only be heard by Court if leave is first given. This case is not an appeal as of right. 2. Material was returned several times for non-compliance with the rules. As | |
| 1992-04-02 | Affidavit, of Leonard Richard Smalley to oppose the appellant 's application for extension of time | Leonard Richard Smalley |
| 1992-04-02 | Correspondence (sent by the Court) to, of James E. Power in opposition to the application scheduled to be heard April 7, 1992 along with an affidavit of Leonard Richard Smalley | |
| 1992-03-26 | Correspondence (sent by the Court) to, (original) by James E. Power; re: desire to appear via satellite on Apr. 7/92 at 9:30 a.m. | |
| 1992-03-23 | Correspondence (sent by the Court) to, (by fax) from James E. Power; re: desire to appear via satellite | |
| 1992-01-08 | Correspondence (sent by the Court) to, sent to Mr. James E. Power of Lefsrud, Coulter & Kerby, (Edmonton,AB), re: received two notices of appeal from Mrs. Smalley & are filed with the Clerk of Process (Apr 12,1989 & Mar 15, 1990). | |
| 1991-12-23 | Correspondence (sent by the Court) to, sent to Julie Terrien, from Coulter, Kerby & Power re: Please identify documents which have been accepted as Notices of Appeal. | |
| 1991-12-12 | Correspondence (sent by the Court) to, Sent to Mrs. Diane Estelle Breton Smalley (Winterburn,AB). Acknowledge receipt of your extension of time and Affidavit with service. | |
| 1991-12-12 | Correspondence (sent by the Court) to, Sent to James E. Power (Edmonton,AB) of Lefsrud, Coulter & Kerby. Received copy of Applicant's served motion and supporting Affidavit. | |
| 1991-12-09 | General proceeding, formal order of the Court of Appeal. | |
| 1991-11-19 | Correspondence (sent by the Court) to, from J. Terrien sent to Mr. James E. Power c/o Lefsrud, Coulter & Kirby (Edmonton,AB) acknowledging receipt of his letter dated Nov 6, 1991. Registrar has allowed the Appellant an additional fifteen days before applying before a Judge of the Court to hav | |
| 1991-11-12 | Correspondence (sent by the Court) to, dated November 6, 1991 from Mr. James E. Power (Re: Has received no documentation regarding Ms. Smalley's Notice of Motion and Affidavit to extend the time for inscription of the hearing of the appeal - Is it safe to indicate that the appeal has been dism | |
| 1991-11-01 | Correspondence (sent by the Court) to, from J. Terrien sent to Mrs. Smalley (Winterburn, AB) enclosing notice of motion & accompanying affidavit so that she can serve the other party. Upon receipt of proof of service & re-filing of material, motion will be heard. | |
| 1991-10-11 | Correspondence (sent by the Court) to, of Julie Terrien to Mrs. Breton Smalley acknowledging receipt of her letter of Sept.17, 1991, her letter of Sept. 30, 1991 as well as her motion and supporting affidavit. She advises that a proof of service on the other party is necessary. | |
| 1991-10-04 | Motion to extend the time to file and or serve the application for leave to appeal, (other motions included), with service | Diane Estelle Breton Smalley |
| 1991-10-04 | Affidavit, (book form) 1 copy, with service | Diane Estelle Breton Smalley |
| 1991-09-18 | Correspondence (sent by the Court) to, from J. Terrien sent to Ms. Smalley acknowledging receipt of her letter dated Aug 26, 1991 requesting an extension of time and a letter from Dr. Adams in support of the request. Ms. Smalley had until Sept. 17, 1991 to obtain an order from a Judge allowin | |
| 1991-08-30 | Correspondence (sent by the Court) to, from Dr. L.M. Adams dated Aug 2, 1991 advising Court that Ms. Smalley's illness is recurrent, and during these times, she canot adequately comply with the Court's regulations. Request that we continue to extend her time limitation. | |
| 1991-08-30 | Correspondence (sent by the Court) to, from Diane Breton-Smalley dated Aug 26, 1991. Photocopies of first three Notices of Appeal, Notice of Motion before Court of the Queen's Bench along with affidavit of Ms. Smalley, Order of Mtn. & Notice of Mtn. before the Queen's Bench for an Order settin | |
| 1991-08-30 | General proceeding, to note copy of clerks notes | |
| 1991-08-30 | Affidavit, of Diane Estelle Breton-Smalley | Diane Estelle Breton Smalley |
| 1991-08-30 | Correspondence (sent by the Court) to, of Ms. Smalley which was forwarded to the Resp. filed. | |
| 1991-08-26 | Correspondence (sent by the Court) to, from A. Roland sent to James E. Power c/o Lefsrud, Coulter & Kerby (Edm,AB) informing that if this appeal is not inscribed for hearing within 60 days, Court will apply to a Judge of this Court for an order dismissing this appeal as abandoned. No formal ac | |
| 1991-08-07 | Correspondence (sent by the Court) to, of James E. Power (Lefsrud, Coulter & Kerby) asking if the appeal is abandoned pursuant to 45(b of the rules | |
| 1991-05-28 | Proof of service, (Canada Post acknowledgement of Receipt Card) filed. Item delivered on May 7, 1991 to Mr. James E. Power C/O Lefsrud, Coulter & Kerby (Edm,AB) | |
| 1991-05-14 | Correspondence (sent by the Court) to, from James E. Power; re: acknowledging receipt of our letter dated May 1, 1991 | |
| 1991-05-01 | Correspondence (sent by the Court) to, from Registrar sent to Mr. Power C/O Lefsrud, Coulter & Kerby (Edmonton,AB) advising that no formal action or proceeding has been taken, since March 9, 1990, when Notice of Appeal was filed by Appellant. If the appeal is not inscribed for hearing within | |
| 1991-05-01 | Correspondence (sent by the Court) to, from Registrar sent to Ms. Smalley (Winterburn,AB) advising that Court sent letter to her dated March 15, 1990 informing that material does not comply with the rules of this Court. No formal action or proceeding has been taken since March 9, 1990. If th | |
| 1991-02-05 | Correspondence (sent by the Court) to, from J. Terrien sent to Lefsrud, Coulter & Kerby (Edmonton,AB) informing Mr. Power that the Appellant's material does not comply with the rules of practice of this Court. Also, the Applicant was outside the 60-day time limit within which to apply for lea | |
| 1991-01-30 | Correspondence (sent by the Court) to, from Lefsrud, Coulter & Kerby dated Jan. 28, 1991. (Re: Look forward to receipt of a response with regard to correspondence directed to Registrar dated November 22, 1990 at our very earliest convenience) | |
| 1991-01-17 | Correspondence (sent by the Court) to, from Lefsrud, Coulter & Kerby dated January 11,'91 (Re: Looking forward to hering from Court) | |
| 1990-11-27 | Correspondence (sent by the Court) to, from Lefsrud, Coulter & Kerby (Edmonton,AB) advising that they are solicitors for Mr. Smalley. Unaware of any steps having been taken by Ms. Breton-Smalley to perfect her intended appeals. Require confirmation, by letter or certificate, that there are no | |
| 1990-03-15 | Correspondence (sent by the Court) to, from J. Dudley sent to Ms. Smalley (Winterburn,AB) acknowledging receipt of her notices of appeal from the decisions of the Court of Appeal of AB rendered on January 17 and April 28, 1989. Receipt for $30 filing fee enclosed. Court of Appeal Registry adv | |
| 1990-03-09 | Notice of appeal, With service | Diane Estelle Breton Smalley |
| 1989-04-12 | Notice of appeal, before the Court of Appeal of Alberta (copy of), with service | Diane Estelle Breton Smalley |
| 1989-01-31 | Correspondence (sent by the Court) to, sent to Ms. Smalley (Winterburn,AB) assuring her that her latest material has been received. | |
| 1989-01-17 | Correspondence received from, sent to Applicant acknowledging receipt of material | |
| 1988-08-29 | Correspondence (sent by the Court) to, sent to Ms. Smally (Winterburn,AB) assuring her that copies of her affidavit dated July 8, 1988, volumes 1 & 2, and assorted documents attached thereto, together with her cheque in the amount of $30 has been received. Her material has not been prepared i | |
| 1988-04-29 | Correspondence (sent by the Court) to, from G. Goulard sent to Ms. Breton-Smalley assuring her that copies of her Notice of Appeal & Notice of Motion before the Court of the Queen's Bench of Alberta, Criminal Division, have been received. | |
| 1988-03-07 | Correspondence (sent by the Court) to, sent to Ms. Smalley (Winterburn,AB) acknowledging receipt of her materials. Upon examination of her materials, we regret to inform her that we must refuse the material as it does not comply with the Rules of the Court. Also, a $30 fee is required upon a |
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 |
|---|---|---|
| Smalley, Diane Estelle Breton | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Smalley, Leonard Richard | Respondent | Active |
Counsel
Party: Smalley, Diane Estelle Breton
This party is not represented by counsel.
Party: Smalley, Leonard Richard
Counsel
2200 - 10303 JASPER AVE
EDMONTON, Alberta
T5J 3N6
Telephone: (403) 423-3331
FAX: (403) 420-0049
Summary
Keywords
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Summary
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Lower court rulings
Court of Appeal of Alberta (Edmonton)
8903-0167-AC
See file
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
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Related links
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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Related links
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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