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21743

Rosina Marchischuk v. Dominion Industrial Supplies Ltd., 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)
1994-07-13 Appeal closed
1991-11-14 Approved order for payment out, " cheque #2202-02389243 " dated Nov\19\1991 in the amount of $565.10 issued to Messrs. Hill & Abra., with service
1991-11-01 Certificate of taxation issued to, Osler, Hoskin
1991-10-29 Decision on the bill of costs, at $2,695.42
1991-10-28 Fee on taxation $30.00, receipt #23474 Dominion Industrial Supplies Ltd.
1991-10-25 Fee on taxation $30.00, rec.#23474 Dominion Industrial Supplies Ltd.
1991-08-28 Record returned to the Registrar of the Court of Appeal, (Wpg., Man.)
1991-06-27 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1991-06-27 Copy of formal judgment being prepared, Osler, Hoslin & Harcourt (Ottawa,ON)
1991-06-27 Formal judgment sent to the registrar of the court of appeal and all parties, (Winnipeg,MN)
1991-06-06 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1991-06-06 Notice of deposit of judgment sent to all parties, Osler, Hoskin & Harcourt (Ottawa,ON)
1991-06-06 Judgment on the appeal rendered, LaF L'HD So G Co McL Ia, The appeal is dismissed with costs.
Dismissed, with costs
1991-03-11 General proceeding, transcripts received and distributed to the justices (50 pages)
1991-02-28 Hearing of the appeal, 1991-02-28, LaF L'HD So G Co McL Ia
Decision reserved
1991-02-21 Correspondence (sent by the Court) to, from Patricia Wilson; re counsel appearing on appeal: Randolph B. McNicol nd Louise Lamb (of the firm of Fillmore & Riley, Wpg)
1991-02-14 Book of authorities, JOINT 10 copies Rosina Marchischuk
1991-02-05 General proceeding, advising that Dave Hill and Sherri Walsh are the counsels appearing in this case Rosina Marchischuk
1991-01-18 Appeal hearing scheduled, 1991-02-28
Decision reserved
1991-01-16 Order on motion to expedite the appeal, With service
1991-01-15 Service, copy of respondent's factum
1991-01-08 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, Appeal to be heard together with Travellers Indemnity of Canada vs. Maracle (21725) on Feb/28/91. Consent from all parties on both appeals.
Granted, no order as to costs
1991-01-08 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1991-01-08, Appeal to be heard together with Travellers Indemnity of Canada vs. Maracle (21725) on Feb/28/91. Consent from all parties on both appeals.
1991-01-08 Hearing of motion to expedite the appeal, 1991-01-08, Appeal to be heard together with Travellers Indemnity of Canada vs. Maracle (21725) on Feb/28/91. Consent from all parties on both appeals.
1991-01-08 Submission of motion to expedite the appeal, 1991-01-08, Appeal to be heard together with Travellers Indemnity of Canada vs. Maracle (21725) on Feb/28/91. Consent from all parties on both appeals.
1991-01-04 Response to motion to expedite the appeal, to Feb. 28 or Mar. 1\91 Dominion Industrial Supplies Ltd.
1991-01-04 Notice of hearing, With service Rosina Marchischuk
1991-01-03 Affidavit, of Sherri Walsh, with service Rosina Marchischuk
1991-01-03 Motion to expedite the appeal, to be heard with Maracle v. Travellers, with service Rosina Marchischuk
1990-12-31 Respondent's factum, 21 copies Dominion Industrial Supplies Ltd.
1990-12-31 Appeal perfected for hearing, Session beginning on 1991-01-21
1990-11-30 Appellant's factum, 21 copies Rosina Marchischuk
1990-11-27 Appeal court record, 1 pocket
1990-11-26 Trial court record
1990-11-16 Certified casebook Rosina Marchischuk
1990-11-16 Case on appeal, 20 copies Rosina Marchischuk
1990-07-25 Notice of deposit of security, With service
1990-07-04 Order granting leave to appeal
1990-07-03 Notice of appeal, With service Rosina Marchischuk
1990-07-03 $500 security deposit paid, direction #2148 Rosina Marchischuk
1990-06-15 Close file on Leave
1990-06-14 Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt (Ottawa,ON)
1990-06-14 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1990-06-14 Judgment of the Court on the application for leave to appeal, W So McL, The application for leave to appeal is granted, costs in the cause.
Granted, with costs in the cause
1990-06-14 Hearing of the application for leave to appeal, 1990-06-14, W So McL
1990-06-14 All materials on application for leave submitted to the Judges, 1990-06-14, W So McL
1990-02-05 All materials on application for leave submitted to the Judges, W So McL
1990-01-15 Respondent's response on the application for leave to appeal, 5 copies, with service Dominion Industrial Supplies Ltd.
1989-12-21 $30.00 filing fee, rec. #16438, Rosina Marchischuk
1989-12-21 Application for leave to appeal, 5 copies,, with service, Completed on: 1989-12-21 Rosina Marchischuk

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
Marchischuk, Rosina Applicant Active

v.

Main parties - Respondents
Name Role Status
Dominion Industrial Supplies Ltd. Respondent Active
DeSousa, Sidinio Joseph Respondent Active

Counsel

Party: Marchischuk, Rosina

Counsel
Names
David G. Hill
Sherri Walsh
Contact information
Hill Abra Dewar
360 Main Street
Suite 2670
Winnipeg, Manitoba
R3C 3Z3
Telephone: (204) 943-6740
FAX: (204) 943-3934
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Dominion Industrial Supplies Ltd.

Counsel
Names
Leonard M. French
Randolph B. McNicol
Louise Lamb
Contact information
Fillmore & Riley LLP
1700 Commodity Exchange Tower
360 Main Street
Winnipeg, Manitoba
R3C 3Z3
Telephone: (204) 957-8333
FAX: (204) 957-0516
Email: lmfrench@fillmoreriley.com
Agent
Name
Patricia J. Wilson
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

Party: DeSousa, Sidinio Joseph

Counsel
Name
Leonard M. French
Contact information
Fillmore & Riley LLP
1700 Commodity Exchange Tower
360 Main Street
Winnipeg, Manitoba
R3C 3Z3
Telephone: (204) 957-8333
FAX: (204) 957-0516
Email: lmfrench@fillmoreriley.com
Agent
Name
Patricia J. Wilson
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

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

February 1, 1989
Court of Queen’s Bench of Manitoba

59/86

Action as against the Respondents dismissed

October 30, 1989
Court of Appeal of Manitoba

67/89

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

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Webcasts

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Date modified: 2025-05-13