Case information
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22194
Canadian Imperial Bank of Commerce v. Pax Management Ltd., 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.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1997-09-05 | Appeal closed | |
| 1992-10-19 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1992-10-19 | Copy of formal judgment being prepared, Osler, Hoskin & Harcourt (Ottawa,ON) | |
| 1992-10-19 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1992-09-24 |
Judgment on the appeal rendered, LaF So Co St Ia, The appeal is allowed, the judgment of the British Columbia Court of Appeal dismissing the appellant's claim against the respondents on their guarantee is set aside, and the judgment of the trial judge is restored. The cross-appeal is dismissed. The parties should bear their own costs in this Court and in the British Columbia Court of Appeal. The orders made by the trial judge with respect to costs at trial are not to be disturbed. (Stevenson J. took no part in the judgment.) Allowed, no order as to costs |
|
| 1992-09-24 | Notice of deposit of judgment sent to all parties, Osler, Hoskin & Harcourt (Ottawa,ON) | |
| 1992-09-24 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1992-09-15 | General proceeding, (To Note) memorandum from Claude E. Alain re: letter dated September 11, 1992, of Ms. Patricia Wilson, Ottawa agent for counsel and letter dated September 14, 1992, from Gowling Strathy & Henderson, Ottawa, agents for counsel for the Respondents regardin | |
| 1992-09-14 | Correspondence (sent by the Court) to, from Gowling; re: consents to the release of the decision by a four person panel | |
| 1992-09-11 | Correspondence (sent by the Court) to, (by fax) from Pat Wilson; re: consents to a judgment by four judges | |
| 1992-04-10 | General proceeding, transcripts received and distributed to the justices (116 pages) | |
| 1992-03-26 |
Decision on motion to amend, style of cause, LaF So Co St Ia Granted, no order as to costs |
|
| 1992-03-26 | Hearing of motion to amend, 1992-03-26, style of cause, LaF So Co St Ia | |
| 1992-03-26 | Submission of motion to amend, 1992-03-26, style of cause, LaF So Co St Ia | |
| 1992-03-26 |
Hearing of the appeal, 1992-03-26, LaF So Co St Ia Decision reserved |
|
| 1992-03-25 | General proceeding, to note copy of motion by A.R. Ristau Trucking Ltd. which was today referred by Gonthier J. to the Bench of the Court which is scheduled to be heard on Thursday March 26, 1992 at 9:30 a.m. Also attached are copies of the first page of the reasons for judg | |
| 1992-03-24 | Response to motion to amend, the style of cause | Pax Management Ltd. |
| 1992-03-24 | Response to motion to amend, the style of cause | Canadian Imperial Bank of Commerce |
| 1992-03-24 | Affidavit, the style of cause; Eduard J. Van Bemmel | A.R. Ristau Trucking Ltd., on behalf of certain creditors in the Bankruptcy of Beaver Transport Ltd. |
| 1992-03-24 | Motion to amend, the style of cause (returnable at the hearing of the appeal) | A.R. Ristau Trucking Ltd., on behalf of certain creditors in the Bankruptcy of Beaver Transport Ltd. |
| 1992-03-19 | General proceeding, proposed schedule for the hearing | |
| 1992-03-12 | Book of authorities, JOINT 10 copies | Canadian Imperial Bank of Commerce |
| 1992-03-06 | Service, of reduced case on appeal; appellant's factum in reply to the respondents' factum on cross-appeal | |
| 1992-03-02 | Appellant's factum, 24 copies of factum in reply to respondents' factum on cross-appeal | Canadian Imperial Bank of Commerce |
| 1992-03-02 | Case on appeal, 24 copies of vols. 1 to 6 | Canadian Imperial Bank of Commerce |
| 1992-02-18 | Correspondence (sent by the Court) to, from Osler, Hoskin; re: proposed schedule is acceptable | |
| 1992-02-13 | General proceeding, Order of the Court of appeal (to be added to the original Case on appeal) | Canadian Imperial Bank of Commerce |
| 1992-01-30 | Correspondence (sent by the Court) to, ssent to Gowling, Strathy & Henderson; re: list of appeals inscribed for hearing by this Court during the January 1992 session and the Court's agenda for the session. | |
| 1992-01-30 | Correspondence (sent by the Court) to, sent to Osler, Hoskin & Harcourt; re: list of appeals inscribed for the hearing by this Court during the January 1992 session and the Court's agenda for the session. | |
| 1992-01-23 |
Appeal hearing scheduled, 1992-03-26 Decision reserved |
|
| 1992-01-21 | Respondent's factum, and factum on CROSS-APPEAL 21 copies, with service | Pax Management Ltd. |
| 1992-01-14 | Notice of hearing, With service | Canadian Imperial Bank of Commerce |
| 1991-12-18 | Appeal perfected for hearing, Session beginning on 1992-01-27 | |
| 1991-10-28 | Appellant's factum, 21 copies, with service | Canadian Imperial Bank of Commerce |
| 1991-08-27 | Certified casebook, vols. 1 to 29 | Canadian Imperial Bank of Commerce |
| 1991-08-27 | Case on appeal, THIS CODE IS ENTERED FOR THE PURPOSE OF REPORTS ONLY!!! | Canadian Imperial Bank of Commerce |
| 1991-07-19 | Order on motion to dispense with printing | |
| 1991-07-19 |
Decision on motion to dispense with printing, DeRg, It is ordered: 1) One full copy of the case on appeal be filed. 2) Twenty-four copies of a reduced case, consisting of all pleadings, orders and reasons for judgment, and copies of those extracts fr. the transcripts of evidence and exhibits that are referred to the factums filed by the parties on the appeal and cross-appeal. 3) The reduced case be filed within one week of the filing of the last factum. Granted, no order as to costs |
|
| 1991-07-19 | Hearing of motion to dispense with printing, 1991-07-19, DeRg | |
| 1991-07-19 | Submission of motion to dispense with printing, 1991-07-19, DeRg | |
| 1991-07-18 | Response to motion to dispense with printing | Pax Management Ltd. |
| 1991-07-18 | Affidavit | Canadian Imperial Bank of Commerce |
| 1991-07-18 | Motion to dispense with printing | Canadian Imperial Bank of Commerce |
| 1991-05-30 | Judgment of the Court on the application for leave to cross-appeal, With service | |
| 1991-05-30 | Order granting leave to appeal, With service | |
| 1991-05-28 | Notice of deposit of security, With service | |
| 1991-05-28 | Notice of appeal, With service | Canadian Imperial Bank of Commerce |
| 1991-05-28 | $500 security deposit paid | Canadian Imperial Bank of Commerce |
| 1991-05-17 | Close file on Leave | |
| 1991-05-16 | All material on the application for leave to cross-appeal submitted to the Judges | |
| 1991-05-16 |
Judgment of the Court on the application for leave to appeal, LaF Co St Granted, no order as to costs |
|
| 1991-05-16 | Hearing of the application for leave to appeal, 1991-05-16, LaF Co St | |
| 1991-05-16 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1991-05-16 | Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt (ottawa,ON) | |
| 1991-05-16 |
Judgment of the Court on the application for leave to appeal, LaF Co St, The application for leave is granted and the application for leave to cross-appeal is granted, costs in the cause. Granted, with costs in the cause |
|
| 1991-05-16 | Hearing of the application for leave to appeal, 1991-05-16, LaF Co St | |
| 1991-05-16 | All materials on application for leave submitted to the Judges, 1991-05-16, LaF Co St | |
| 1991-03-05 | All materials on application for leave submitted to the Judges, 1991-05-16, LaF Co St, LaF Co St | |
| 1991-02-18 | Correspondence received from, sent to P. J. Wilson, re: leave and letter will be referred to the Court; it does not comply with the Rule 23(1)(c)(iv) | |
| 1991-02-11 | Correspondence received from, from Patricia Wilson, re: Order of the C.A. will come at a later date; please refer leave appli- cation (explained in letter) | Canadian Imperial Bank of Commerce |
| 1990-12-20 | General proceeding, 5 copies of Reply to the respondent's application for leave to cross-appeal, with service | Canadian Imperial Bank of Commerce |
| 1990-12-20 | Order on motion to extend time, With service | |
| 1990-12-14 |
Decision on motion to extend time, to serve file the respondent's memo to Dec/14/90., G Granted, no order as to costs |
|
| 1990-12-14 | Hearing of motion to extend time, 1990-12-14, to serve file the respondent's memo to Dec/14/90., G | |
| 1990-12-14 | Submission of motion to extend time, 1990-12-14, to serve file the respondent's memo to Dec/14/90., G | |
| 1990-12-13 | Application for leave to cross-appeal, 5 copies,, with service | Pax Management Ltd. |
| 1990-12-13 | Notice of application for leave to cross-appeal, With service | Pax Management Ltd. |
| 1990-12-13 | Respondent's response on the application for leave to appeal, 5 copies (application for leave to cross-appeal if granted) RETURNED TO VAN BEMMEL FOR CORRECTION - RETURNED ON DEC. 31\90, with service | Pax Management Ltd. |
| 1990-12-12 | Response to motion to extend time, to serve and file the Respondent's memorandum of argument | Canadian Imperial Bank of Commerce |
| 1990-12-12 | Affidavit, to serve and file the memorandum of argument Albert M. Roos | Pax Management Ltd. |
| 1990-12-12 | Motion to extend time, to serve and file the memorandum of argument to December 14, 1990. | Pax Management Ltd. |
| 1990-11-19 | $30.00 filing fee, #18480 | Canadian Imperial Bank of Commerce |
| 1990-11-19 | Application for leave to appeal, 5 copies (ORDER OF C/A MISSING), with service, Completed on: 1990-11-19 | Canadian Imperial Bank of Commerce |
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 |
|---|---|---|
| Canadian Imperial Bank of Commerce | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Pax Management Ltd. | Respondent | Active |
| Leader Investment Corp. | Respondent | Active |
| Wesson Holdings Ltd. | Respondent | Active |
| Bruce, Thomas Anthony | Respondent | Active |
| Dixon, Keith Wilfred | Respondent | Active |
| Jones, Jonathan Edmund | Respondent | Active |
| Moody, Richard Gage | Respondent | Active |
| Temple, Jack Jones | Respondent | Active |
| Watt, William Gordon | Respondent | Active |
| Westover, Gary Groves | Respondent | Active |
| Wortman, David Garth | Respondent | Active |
| Rost, Glen Donald | Respondent | Active |
| Glenonne Holdings Ltd. | Respondent | Active |
| Rost Enterprises Ltd. | Respondent | Active |
| A.R. Ristau Trucking Ltd., on behalf of certain creditors in the Bankruptcy of Beaver Transport Ltd. | Respondent | Pending |
Counsel
Party: Canadian Imperial Bank of Commerce
Counsel
Rhys Davies
2800 Park Place
666 Burrard Street
Vancouver, British Columbia
V6C 2Z7
Telephone: (604) 687-9444
FAX: (604) 687-1612
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867
Party: Pax Management Ltd.
Counsel
200 - 375 Water St.
Vancouver, British Columbia
V6B 5C6
Telephone: (604) 687-7700
FAX: (604) 687-5596
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Leader Investment Corp.
Counsel
200 - 375 Water St.
Vancouver, British Columbia
V6B 5C6
Telephone: (604) 687-7700
FAX: (604) 687-5596
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Wesson Holdings Ltd.
Counsel
200 - 375 Water St.
Vancouver, British Columbia
V6B 5C6
Telephone: (604) 687-7700
FAX: (604) 687-5596
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Bruce, Thomas Anthony
Counsel
200 - 375 Water St.
Vancouver, British Columbia
V6B 5C6
Telephone: (604) 687-7700
FAX: (604) 687-5596
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Dixon, Keith Wilfred
Counsel
200 - 375 Water St.
Vancouver, British Columbia
V6B 5C6
Telephone: (604) 687-7700
FAX: (604) 687-5596
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Jones, Jonathan Edmund
Counsel
200 - 375 Water St.
Vancouver, British Columbia
V6B 5C6
Telephone: (604) 687-7700
FAX: (604) 687-5596
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Moody, Richard Gage
Counsel
200 - 375 Water St.
Vancouver, British Columbia
V6B 5C6
Telephone: (604) 687-7700
FAX: (604) 687-5596
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Temple, Jack Jones
Counsel
200 - 375 Water St.
Vancouver, British Columbia
V6B 5C6
Telephone: (604) 687-7700
FAX: (604) 687-5596
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Watt, William Gordon
Counsel
200 - 375 Water St.
Vancouver, British Columbia
V6B 5C6
Telephone: (604) 687-7700
FAX: (604) 687-5596
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Westover, Gary Groves
Counsel
200 - 375 Water St.
Vancouver, British Columbia
V6B 5C6
Telephone: (604) 687-7700
FAX: (604) 687-5596
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Wortman, David Garth
Counsel
200 - 375 Water St.
Vancouver, British Columbia
V6B 5C6
Telephone: (604) 687-7700
FAX: (604) 687-5596
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Rost, Glen Donald
Counsel
200 - 375 Water St.
Vancouver, British Columbia
V6B 5C6
Telephone: (604) 687-7700
FAX: (604) 687-5596
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Glenonne Holdings Ltd.
Counsel
200 - 375 Water St.
Vancouver, British Columbia
V6B 5C6
Telephone: (604) 687-7700
FAX: (604) 687-5596
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Rost Enterprises Ltd.
Counsel
200 - 375 Water St.
Vancouver, British Columbia
V6B 5C6
Telephone: (604) 687-7700
FAX: (604) 687-5596
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: A.R. Ristau Trucking Ltd., on behalf of certain creditors in the Bankruptcy of Beaver Transport Ltd.
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
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
Supreme Court of British Columbia
C845807
Judgment, inter alia, for the Applicant (see file)
Court of Appeal for British Columbia (Vancouver)
CA009524/CA009995
Respondent's appeal allowed - App.'s claim on Resp.s' guarantees 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
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
Not available
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
Not available