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21983

Godfrey Waryk, et al. v. Owen, Bird, 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)
1991-12-19 Close file on Leave
1991-08-23 Correspondence received from, from B. Kincaid sent to Mr. Waryk assuring him that Chief Justice Lamer has received his letter concerning the issue of costs. Supreme Court can only consider questions that are properly brought before it on appeal. We can advise him as to the amount of
1991-08-22 Correspondence received from, from Godfrey Waryk (Re: Wishes to have section 47 of the Rules of the Supreme Court of Canada interpreted)
1991-04-11 Correspondence received from, from N. Loreti sent to Mr. Waryk acknowledging receipt of his fax dated Mar 22, 1991 and April 3, 1991. Court dismissed his application for leave and awarded costs to the Respondents. Costs are taxed by the Registrar pursuant to the tariff of fees conta
1991-04-03 Correspondence received from, from Godfrey Waryk (Re: Costs)
1991-03-22 Correspondence received from, from Godfrey Waryk (Re: Leave to appeal which was dismissed with costs)
1991-01-18 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, (Victoria,BC)
1991-01-18 Copy of formal judgment on leave being prepared, Godfrey Waryk (Victoria,BC)
1991-01-18 Copy of formal judgment on leave being prepared, Jean Waryk (Victoria,BC)
1991-01-18 Copy of formal judgment on leave being prepared, Robert Waryk (Victoria,BC)
1991-01-18 Copy of formal judgment on leave being prepared, Robert Smith (Victoria,BC)
1991-01-18 Copy of formal judgment on leave being prepared, Osler, Hoskin & Harcourt (Ottawa,ON)
1991-01-18 Copy of formal judgment on leave being prepared, Bull, Housser & Tupper (Vancouver,BC)
1991-01-16 Notice of deposit of judgment issued to all parties, Bull, Housser & Tupper (Vancouver,BC)
1991-01-16 Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt (Ottawa,ON)
1991-01-16 Notice of deposit of judgment issued to all parties, Robert Smith (Victoria,BC)
1991-01-16 Notice of deposit of judgment issued to all parties, Godfrey Waryk (Victoria,BC)
1991-01-16 Notice of deposit of judgment issued to all parties, Robert Waryk (Victoria,BC)
1991-01-16 Notice of deposit of judgment issued to all parties, Jean Waryk (Victoria,BC)
1990-12-13 Judgment of the Court on the application for leave to appeal, W So McL, The application for leave to appeal is dismissed with costs.
Dismissed, with costs
1990-12-13 Hearing of the application for leave to appeal, 1990-12-13, W So McL
1990-12-13 All materials on application for leave submitted to the Judges, 1990-12-13, W So McL
1990-08-07 Order on motion to extend time, time to serve and file their Memo of Argument
1990-08-03 Correspondence received from, to Nadia Loreti Re: Reply to the respondent's argument. Godfrey Waryk
1990-08-03 General proceeding, 5 copies of the applicant's reply to the respondent's argument, Godfrey Waryk
1990-08-03 All materials on application for leave submitted to the Judges, W So McL
1990-07-27 Service, of respondents' memorendum
1990-07-25 Decision on motion to extend time, to serve and file the respondent's argument on the application for leave to appeal to July/13/90, G
Granted, no order as to costs
1990-07-25 Hearing of motion to extend time, 1990-07-25, to serve and file the respondent's argument on the application for leave to appeal to July/13/90, G
1990-07-25 Submission of motion to extend time, 1990-07-25, to serve and file the respondent's argument on the application for leave to appeal to July/13/90, G
1990-07-13 Respondent's response on the application for leave to appeal, 5 copies Owen, Bird
1990-07-13 Service, of notice of motion to extend the time; affidavit in support and order, with service
1990-07-10 Correspondence received from, will not be attending in person the Respondent's application for an extension of time Godfrey Waryk
1990-07-05 Correspondence received from, from Godfrey Waryk, re: does not consent to the Respondent's request for an extension of time to serve and file their memorandum of argument. Godfrey Waryk
1990-06-27 Correspondence received from, sent to Mr. Godfrey Waryk (Victoria,BC) confirming that the application for leave to appeal along with the extension of time will be dealt with by the Court based on the written submissions.
1990-06-20 Affidavit, 2 copies, of Christopher Grauer, to serve and file the memorandum of argument Owen, Bird
1990-06-19 Affidavit, 2 copies, of Francois Lemieux, to serve and file the memorandum of argument Owen, Bird
1990-06-19 Motion to extend time, to serve and file the memorandum of argument to July 13|90, 2 copies Owen, Bird
1990-06-13 Correspondence received from, sent to Mr. Godfrey Waryk (Victoria,BC) advising him that his application to the Court is incomplete.
1990-05-30 Court of Appeal casebooks and transcripts of evidence, 3 copies of Appellant's factum; Respondent's factum; Appellant's reply; case books vols. 1 to 7
1990-05-30 Affidavit, of Godfrey Waryk Godfrey Waryk
1990-05-30 Motion to extend the time to file and or serve the application for leave to appeal Godfrey Waryk
1990-05-30 Application for leave to appeal, (now complete;see above) 5 copies, with service, Completed on: 1990-05-30 Godfrey Waryk

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
Waryk, Godfrey Applicant Active
Waryk, Jean Applicant Active
Robert Waryk pursuant to section 20 Bankruptcy Act for the Bankrupt Co. Noel & Lewis Holdings Ltd. Applicant Active
Robert Smith pursuant to section 20 Bankruptcy Act for the Bankrupt Co. Noel & Lewis Holdings Ltd. Applicant Active

v.

Main parties - Respondents
Name Role Status
Owen, Bird Respondent Active
Hamilton, Richard M. Respondent Active

Counsel

Party: Waryk, Godfrey

This party is not represented by counsel.

Party: Waryk, Jean

This party is not represented by counsel.

Party: Robert Waryk pursuant to section 20 Bankruptcy Act for the Bankrupt Co. Noel & Lewis Holdings Ltd.

This party is not represented by counsel.

Party: Robert Smith pursuant to section 20 Bankruptcy Act for the Bankrupt Co. Noel & Lewis Holdings Ltd.

This party is not represented by counsel.

Party: Owen, Bird

Counsel
J.C. Grauer
Bull, Housser & Tupper
3000 - 1055 GEORGIA ST W
BOX 11130
VANCOUVER, British Columbia
V6E 3R3
Telephone: (604) 687-6575
FAX: (604) 641-4949
Agent
Michael L. Phelan
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867

Party: Hamilton, Richard M.

Counsel
J.C. Grauer
Bull, Housser & Tupper
3000 - 1055 GEORGIA ST W
BOX 11130
VANCOUVER, British Columbia
V6E 3R3
Telephone: (604) 687-6575
FAX: (604) 641-4949

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, 1990
Supreme Court of British Columbia

87/0489

Applicants' action allowed

February 27, 1990
Court of Appeal for British Columbia (Victoria)

V00944

Respondents' appeal dismissed - Applicants' cross-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

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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: 2025-02-27