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22382

Daniel Hofer, Sr., et al. v. Michael Wollmann, 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)
1997-09-08 Appeal closed
1995-03-29 Payment out cheque issued, #2201-01843402 cheque dated Jan 30/95 paid to Thompson Dorfman Sweatman
1995-01-19 Approved order for payment out, sent to Rachel Bowden (Finance) Jan 20/95
1993-11-23 Correspondence (sent by the Court) to, sent to Court of Queen's Bench (att. Ms. Gisele Boyer) enclosing the exhibits 151 to 182 (2 white boxes taped together)
1993-07-22 Correspondence (sent by the Court) to, sent to Court of Appeal of Manitoba, enclosing their record
1992-11-18 Copy of formal judgment being prepared, Baker, Zivot & Company (Winnipeg,MN)
1992-11-18 Copy of formal judgment being prepared, Stikeman and Elliott (Ottawa,ON)
1992-11-18 Copy of formal judgment being prepared, Thompson, Dorfman, Sweatman (Winnipeg,MN)
1992-11-18 Formal judgment sent to the registrar of the court of appeal and all parties, Manitoba (Winnipeg)
1992-10-29 Notice of deposit of judgment sent to all parties, Baker, Zivot & Company (Winnipeg,MN)
1992-10-29 Notice of deposit of judgment sent to all parties, Stikeman & Elliott (Ottawa,ON)
1992-10-29 Notice of deposit of judgment sent to all parties, Thompson, Dorfman, Sweatmen (Winnipeg,MN)
1992-10-29 Judgment on the appeal rendered, LaF L'HD So G Co McL Ia, The appeal is allowed, the judgments below are set aside and the action is dismissed, McLachlin J. dissenting, with costs in all courts in favour of appellants (defendents). The rights of the respondents relating to their property, as against appellants, are reserved.
Allowed, no order as to costs
1992-05-19 General proceeding, transcripts received and distributed to the justices (107 pages)
1992-05-05 Hearing of the appeal, 1992-05-05, LaF L'HD So G Co McL Ia
Decision reserved
1992-04-30 Correspondence (sent by the Court) to, of Donald G. Douglas advising that he will be appearing for the appellants on May 5, 1992. He also advise the Court of an error in paragraph 109 on page 32.
1992-04-30 Book of authorities, 10 copies Daniel Hofer, Sr.
1992-04-29 Correspondence (sent by the Court) to, from Martine M.N. Band; re: the oral submissions of counsel for the respondents is 1 hour
1992-04-28 Correspondence (sent by the Court) to, from Martine M.N. Band; re: Michael F.C. Radcliffe , Roy H.C. Baker, Q.C. and William R. Murray will appear at the hearing on May 5/92
1992-04-21 Appeal hearing scheduled, 1992-05-05
Decision reserved
1992-03-05 Service, of factum and authorities
1992-03-03 Book of authorities, 10 copies Michael Wollmann
1992-03-03 Respondent's factum, 24 copies Michael Wollmann
1992-03-02 Appeal perfected for hearing, Session beginning on 1992-04-27
1992-01-22 Trial court record
1992-01-22 Appeal court record, (accordeon)
1992-01-14 Appellant's factum, 24 copies, with service Daniel Hofer, Sr.
1991-12-24 Case on appeal, 24 copies, vols. 1 to 12 Daniel Hofer, Sr.
1991-11-29 Correspondence (sent by the Court) to, from Thompson, Dorfman, Sweatman, re: reducing number of copies for the Case on appeal
1991-11-29 Correspondence (sent by the Court) to, (TO NOTE TELEPHONE CONVERSATION) with Mr. Douglas' Secretary advising her that they need a formal motion to dispense
1991-09-30 Correspondence (sent by the Court) to, from A. Roland sent to Mr. Donald G. Douglas c/o Thompson, Dorfman, Sweatman (Winnipeg,MN) acknowledging receipt of his letter dated Sept. 24 1991 together with the enclosed Notice of Appeal & cheque in the amount of $500 as security. Given the particula
1991-09-27 Correspondence (sent by the Court) to, sent to D. Douglas; re: copy of security deposit enclosed
1991-09-26 Correspondence (sent by the Court) to, from Thompson, Dorfman; re: that they can deal directly with the Registrar instead of through an Ottawa agent
1991-09-26 Notice of appeal, With service Daniel Hofer, Sr.
1991-09-26 $500 security deposit paid, direction #2207 Daniel Hofer, Sr.
1991-07-04 Notice of deposit of judgment issued to all parties, Thompson, Dorfman, Sweatman (Winnipeg,MN)
1991-07-04 Notice of deposit of judgment issued to all parties, Baker, Zivot & Company (Winnipeg,MN)
1991-07-04 Judgment of the Court on the application for leave to appeal, LaF Co St, The application for leave to appeal is granted, costs in the cause.
Granted, with costs in the cause
1991-07-04 Hearing of the application for leave to appeal, 1991-07-04, LaF Co St
1991-07-04 All materials on application for leave submitted to the Judges, 1991-07-04, LaF Co St
1991-06-05 All materials on application for leave submitted to the Judges, LaF Co St
1991-04-08 Service, copy of respondents' memo
1991-04-08 Correspondence received from, sent to Thompson, Dorfman, Sweatman (Wpg,MN) acknowledging receipt of material with enclosed filing fee. Enclosed Court's receipt for the $30 filing fee.
1991-04-05 Respondent's response on the application for leave to appeal, 5 copies Michael Wollmann
1991-03-21 $30.00 filing fee, receipt #19302 Daniel Hofer, Sr.
1991-03-21 Application for leave to appeal, 5 copies, with service, Completed on: 1991-03-21 Daniel Hofer, Sr.

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
Hofer, Sr., Daniel Applicant Active
Hofer, Jr., Daniel Applicant Active
Hofer, Larry Applicant Active
Hofer, David Applicant Active
Hofer, Jr., Paul Applicant Active
Hofer, Leonard Applicant Active
Hofer, John Gerald Applicant Active

v.

Main parties - Respondents
Name Role Status
Wollmann, Michael Respondent Active
Hofer, in his represent. capacity for & on behalf of Lakeside Colony of Hutterian Brethren, Jacob Respondent Active
Hofer, in his represent. capacity for & on behalf of Lakeside Colony of Hutterian Brethren, Joshua Respondent Active
Lakeside Holding Co. Ltd. Respondent Active
Lakeside Colony Ltd. Respondent Active

Counsel

Party: Hofer, Sr., Daniel

Counsel
Name
Donald G. Douglas
Contact information
Thompson Dorfman Sweatman
2200 - 201 PORTAGE AVE
WINNIPEG, Manitoba
R3B 3L3
Telephone: (204) 957-1930

Party: Hofer, Jr., Daniel

Counsel
Name
Donald G. Douglas
Contact information
Thompson Dorfman Sweatman
2200 - 201 PORTAGE AVE
WINNIPEG, Manitoba
R3B 3L3
Telephone: (204) 957-1930

Party: Hofer, Larry

Counsel
Name
Donald G. Douglas
Contact information
Thompson Dorfman Sweatman
2200 - 201 PORTAGE AVE
WINNIPEG, Manitoba
R3B 3L3
Telephone: (204) 957-1930

Party: Hofer, David

Counsel
Name
Donald G. Douglas
Contact information
Thompson Dorfman Sweatman
2200 - 201 PORTAGE AVE
WINNIPEG, Manitoba
R3B 3L3
Telephone: (204) 957-1930

Party: Hofer, Jr., Paul

Counsel
Name
Donald G. Douglas
Contact information
Thompson Dorfman Sweatman
2200 - 201 PORTAGE AVE
WINNIPEG, Manitoba
R3B 3L3
Telephone: (204) 957-1930

Party: Hofer, Leonard

Counsel
Name
Donald G. Douglas
Contact information
Thompson Dorfman Sweatman
2200 - 201 PORTAGE AVE
WINNIPEG, Manitoba
R3B 3L3
Telephone: (204) 957-1930

Party: Hofer, John Gerald

Counsel
Name
Donald G. Douglas
Contact information
Thompson Dorfman Sweatman
2200 - 201 PORTAGE AVE
WINNIPEG, Manitoba
R3B 3L3
Telephone: (204) 957-1930

Party: Wollmann, Michael

Counsel
Name
M.F.C. Radcliffe
Contact information
Baker, Radcliffe, Murray & Kovnats
219 FORT ST
WINNIPEG, Manitoba
R3C 1E2
Telephone: (204) 957-1700
FAX: (204) 942-2325
Agent
Name
Martine M.N. Band
Contact information
Stikeman, Elliott
914 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 234-4555
FAX: (613) 230-8877

Party: Hofer, in his represent. capacity for & on behalf of Lakeside Colony of Hutterian Brethren, Jacob

Counsel
Name
M.F.C. Radcliffe
Contact information
Baker, Radcliffe, Murray & Kovnats
219 FORT ST
WINNIPEG, Manitoba
R3C 1E2
Telephone: (204) 957-1700
FAX: (204) 942-2325

Party: Hofer, in his represent. capacity for & on behalf of Lakeside Colony of Hutterian Brethren, Joshua

Counsel
Name
M.F.C. Radcliffe
Contact information
Baker, Radcliffe, Murray & Kovnats
219 FORT ST
WINNIPEG, Manitoba
R3C 1E2
Telephone: (204) 957-1700
FAX: (204) 942-2325

Party: Lakeside Holding Co. Ltd.

Counsel
Name
M.F.C. Radcliffe
Contact information
Baker, Radcliffe, Murray & Kovnats
219 FORT ST
WINNIPEG, Manitoba
R3C 1E2
Telephone: (204) 957-1700
FAX: (204) 942-2325

Party: Lakeside Colony Ltd.

Counsel
Name
M.F.C. Radcliffe
Contact information
Baker, Radcliffe, Murray & Kovnats
219 FORT ST
WINNIPEG, Manitoba
R3C 1E2
Telephone: (204) 957-1700
FAX: (204) 942-2325

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

October 31, 1989
Court of Queen’s Bench of Manitoba

87/01-17996

defendants counter claim be dismissed & pay plaintiffs costs of action taxed.

January 23, 1991
Court of Appeal of Manitoba

524/89

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

Not available

Webcasts

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Date modified: 2025-05-13