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21980

London Drugs Limited v. Dennis Gerrard Brassart, et al.

(British Columbia) (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)
1994-07-18 Appeal closed
1993-07-28 Correspondence (sent by the Court) to, sent to Court of Appeal of BC, enclosing their record
1992-12-16 Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver)
1992-12-16 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1992-12-16 Copy of formal judgment being prepared, Caley & Wray (Ottawa,ON)
1992-12-16 Copy of formal judgment being prepared, Scott & Aylen (Ottawa,ON)
1992-10-29 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1992-10-29 Notice of deposit of judgment sent to all parties, Caley & Wray (Ottawa,ON)
1992-10-29 Notice of deposit of judgment sent to all parties, Scott & Aylen (Ottawa,ON)
1992-10-29 Judgment on the appeal rendered, London Drugs Ltd. v. Kuehne & Nagel International Ltd. [1992] 3 S.C.R. 299, LaF L'HD So Co McL St Ia, The appeal and cross-appeal are dismissed with costs, La Forest J. dissenting on the cross-appeal (Stevenson J. took no part in the judgment).
Dismissed, with costs
1991-11-15 General proceeding, transcripts received and distributed to the justices (112 pages)
1991-10-29 Reply factum on appeal, 12 copies London Drugs Limited
1991-10-29 Hearing of the appeal, 1991-10-29, LaF L'HD So Co McL St Ia
Decision reserved
1991-10-25 Book of authorities, (COMMON) 10 copies London Drugs Limited
1991-10-16 Intervener's factum, 21 copies, with service General Truck Drivers & Helpers Local Union No. 31
1991-10-10 Decision on motion for additional time to present oral argument, from one-half day to one full day. The time for oral argument is extended by 15 minutes for the appellant and 15 minutes for the respondent,, Reg
Granted, no order as to costs
1991-10-10 Hearing of motion for additional time to present oral argument, 1991-10-10, from one-half day to one full day. The time for oral argument is extended by 15 minutes for the appellant and 15 minutes for the respondent,, Reg
1991-10-10 Submission of motion for additional time to present oral argument, 1991-10-10, from one-half day to one full day. The time for oral argument is extended by 15 minutes for the appellant and 15 minutes for the respondent,, Reg
1991-10-08 Response to the motion for additional time to present oral argument, With service London Drugs Limited
1991-10-08 Affidavit, from one-half day to one full day for both the appeal and the cross-appeal; Bryan G. Baynham, with service Dennis Gerrard Brassart
1991-10-08 Motion for additional time to present oral argument, from one-half day to one full day for both the appeal and the cross-appeal, with service Dennis Gerrard Brassart
1991-10-07 Respondent's factum, 21 copies Dennis Gerrard Brassart
1991-10-02 Appeal hearing scheduled, 1991-10-29
Decision reserved
1991-09-05 Notice of hearing, With service London Drugs Limited
1991-09-04 Appeal perfected for hearing, Session beginning on 1991-10-01
1991-08-28 Service, of appellant's factum on Respondent Brassart (Harper, Grey)
1991-08-16 Service, of appellant's factum
1991-08-13 Appellant's factum, 21 copies, with service London Drugs Limited
1991-03-20 Trial court record, 1 box
1991-03-05 Appeal court record, 1 envelop
1991-03-01 Certified casebook, 1 copy, with service London Drugs Limited
1991-02-22 Case on appeal, 21 copies London Drugs Limited
1991-02-08 Decision on the motion for leave to intervene, is limited to the filing a factum only, So
Granted, no order as to costs
1991-02-08 Hearing of motion for leave to intervene, 1991-02-08, is limited to the filing a factum only, So
1991-02-08 Submission of motion for leave to intervene, 1991-02-08, is limited to the filing a factum only, So
1991-02-07 Correspondence (sent by the Court) to, from Gowling, Strathy & Henderson advising he does not oppose nor consent to the intervention by General Truck Drivers and Helpers
1991-02-05 Correspondence (sent by the Court) to, (by fax) from James I. Minnes confirming that the Respondent does not oppose General Truck Drivers & Helpers leave to intervene
1991-01-25 Service, of notice of cross appeal
1991-01-24 Notice of cross appeal Hank Vanwinkel
1991-01-11 Affidavit, 2 copies; Arthur Price General Truck Drivers & Helpers Local Union No. 31
1991-01-11 Motion for leave to intervene, 2 copies General Truck Drivers & Helpers Local Union No. 31
1991-01-09 $30.00 filing fee, rec.# 18911 London Drugs Limited
1991-01-09 Order granting leave to appeal, With service
1991-01-08 Notice of deposit of security, direction #2175, with service
1990-12-19 $500 security deposit paid, direction #2175 London Drugs Limited
1990-12-18 Notice of appeal London Drugs Limited
1990-12-07 Close file on Leave
1990-12-07 Notice of deposit of judgment issued to all parties, Scott & Aylen (Ottawa,ON)
1990-12-07 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1990-12-07 Judgment of the Court on the application for leave to appeal, G Co St, The application for leave to appeal is granted, costs in the cause.
Granted, with costs in the cause
1990-12-07 Hearing of the application for leave to appeal, 1990-12-07, G Co St
1990-12-07 All materials on application for leave submitted to the Judges, 1990-12-07, G Co St
1990-10-22 All materials on application for leave submitted to the Judges, G Co St
1990-10-09 Respondent's response on the application for leave to appeal, 4 copies Dennis Gerrard Brassart
1990-09-12 Correspondence received from, from Michael Jackson, re: photocopies of the Muller Martini Canada's case London Drugs Limited
1990-07-03 Service, 1 copy of application for leave to appeal, with service
1990-06-28 Application for leave to appeal, 5 copies, with service, Completed on: 1990-06-28 London Drugs Limited
1990-06-01 Order on motion to extend the time to file and/or serve the leave application, With service
1990-05-31 Decision on motion to extend time to file and /or serve the leave application, to June/29/1990., L'HD
Granted, no order as to costs
1990-05-31 Hearing of motion to extend time to file and/ or serve the leave application, 1990-05-31, to June/29/1990., L'HD
1990-05-31 Submission of motion to extend time to file and/ or serve the leave application, 1990-05-31, to June/29/1990., L'HD
1990-05-30 Response to the motion to extend the time to file and / or serve the leave application, (in form of a letter dated May/28/90., with service Dennis Gerrard Brassart
1990-05-30 Affidavit, or Richard B. Lindsay,, with service London Drugs Limited
1990-05-30 Motion to extend the time to file and or serve the application for leave to appeal, With service London Drugs Limited

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
London Drugs Limited Applicant Active

v.

Main parties - Respondents
Name Role Status
Brassart, Dennis Gerrard Respondent Active
Vanwinkel, Hank Respondent Active
Kuehne and Nagel International Ltd. Respondent Active
Federal Pioneer Limited Respondent Active

Other parties

Other parties
Name Role Status
General Truck Drivers & Helpers Local Union No. 31 Intervener Active

Counsel

Party: London Drugs Limited

Counsel
Lindsay Kenney
R.B. Lindsay
Michael J. Jackson
Lindsay Kenney
1700 - 700 PENDER ST W
VANCOUVER, British Columbia
V6C 1G8
Telephone: (604) 687-1323
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Brassart, Dennis Gerrard

Counsel
Bryan G. Baynham
William S. Clark
Harper Grey Easton
3100 - 650 GEORGIA ST W
PO BOX 11504
VANCOUVER, British Columbia
V6B 4P7
Telephone: (604) 687-0411
FAX: (604) 669-9385
Agent
James I. Minnes
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Vanwinkel, Hank

Counsel
Bryan G. Baynham
Harper Grey Easton
3100 - 650 GEORGIA ST W
PO BOX 11504
VANCOUVER, British Columbia
V6B 4P7
Telephone: (604) 687-0411
FAX: (604) 669-9385
Agent
James I. Minnes
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Kuehne and Nagel International Ltd.

Counsel
Bryan G. Baynham
Harper Grey Easton
3100 - 650 GEORGIA ST W
PO BOX 11504
VANCOUVER, British Columbia
V6B 4P7
Telephone: (604) 687-0411
FAX: (604) 669-9385
Agent
James I. Minnes
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Federal Pioneer Limited

Counsel
Bryan G. Baynham
Harper Grey Easton
3100 - 650 GEORGIA ST W
PO BOX 11504
VANCOUVER, British Columbia
V6B 4P7
Telephone: (604) 687-0411
FAX: (604) 669-9385
Agent
James I. Minnes
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: General Truck Drivers & Helpers Local Union No. 31

Counsel
David B. Stevenson
Stevenson, Norman
321 - 1600, 6TH AVE
VANCOUVER, British Columbia
V6J 1R3
Telephone: (604) 736-6731
Agent
Harold Caley
Caley & Wray
Ottawa, Ontario
K1P 5H9
Telephone: (613) 594-3943
FAX: (613) 236-3754

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

April 14, 1986
Supreme Court of British Columbia

Not available

Action allowed

March 30, 1990
Court of Appeal for British Columbia (Vancouver)

Not available

Appeal allowed

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

Not available

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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Webcasts

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Date modified: 2025-05-13