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22429

Edgeworth Construction Ltd., et al. v. N.D. Lea & Associates 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
1997-09-08 Appeal closed
1995-09-25 Close file on Leave
1995-07-12 Record returned to the Registrar of the Court of Appeal, (1 box)
1994-07-11 Payment out cheque issued, #2201-00479227 dated Apr 25/94 for $550.67 paid to blake, Cassels & Graydon
1994-07-11 Correspondence (sent by the Court) to, sent to Court of Appeal of BC enclosing their records
1994-04-05 Approved order for payment out, to be sent to Blake, Cassels & Graydon (Vancouver, BC)
1993-12-06 Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver)
1993-12-06 Copy of formal judgment being prepared, Blake, Cassels & Graydon (Vancouver, BC)
1993-12-06 Copy of formal judgment being prepared, Scott & Aylen (Ottawa, ON)
1993-12-06 Copy of formal judgment being prepared, Blake, Cassels & Graydon (Ottawa, ON)
1993-12-06 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1993-09-30 Judgment on the appeal rendered, LaF So G Co McL Ia Ma, The appeal is allowed against N.D. Lea and Associates Ltd. The appeal is dismissed against the individual engineers. Costs will follow the event, here and below.
Allowed, no order as to costs
1993-09-30 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1993-09-30 Notice of deposit of judgment sent to all parties, Blake, Cassels & Graydon (Ottawa, ON)
1993-09-30 Notice of deposit of judgment sent to all parties, Scott & Aylen (Ottawa, ON)
1993-09-30 Notice of deposit of judgment sent to all parties, Blake, Cassels & Graydon (Vancouver, BC)
1993-07-05 Correspondence (sent by the Court) to, (by fax) from Farris, Vaughan; re: do not intend to make any submissions with regard to the form of the Order sent to LaF So G Co McL I Maj, July 6/93
1993-07-02 Correspondence (sent by the Court) to, from Blake, Cassels; re: providing a form of the Order if successful in our main appeal sent to LaF So G Co McL I Maj, July 6/93
1993-06-29 General proceeding, transcripts received and distributed to the justices (114 pages)
1993-06-14 Hearing of the appeal, 1993-06-14, LaF So G Co McL Ia Ma
Decision reserved
1993-06-14 Reply factum on appeal, 15 copies (reply to the intervenor's factum) (GIVEN IN COURT) Edgeworth Construction Ltd.
1993-06-08 Book of authorities, JOINT 10 copies of vol. I & II Edgeworth Construction Ltd.
1993-06-07 Book of authorities, 10 copies Pacific Coast Energy Corporation, Westcoast EnergyInc. and Intec Engineering Inc.
1993-06-07 Correspondence (sent by the Court) to, from Arthur M. Grant suggesting that we amend the rules regarding book of authorities (copy of the letter given to A. Roland, C. Alain and L. Meagher)
1993-06-02 Intervener's factum, 24 copies Pacific Coast Energy Corporation, Westcoast EnergyInc. and Intec Engineering Inc.
1993-05-12 Decision on the motion for leave to intervene, oral argument is to be limited to 20 minutes., CJ
Granted, no order as to costs
1993-05-12 Hearing of motion for leave to intervene, 1993-05-12, oral argument is to be limited to 20 minutes., CJ
1993-05-12 Submission of motion for leave to intervene, 1993-05-12, oral argument is to be limited to 20 minutes., CJ
1993-05-07 Correspondence (sent by the Court) to, (by fax) from Singleton, Urquhart; re: have no objection to the intervention of Pacific Coast Energy Corporation, Westcoast Energy Inc. and Intec Engineering Inc.
1993-05-07 Correspondence (sent by the Court) to, (by fax) from Blake, Cassels; re: takes no position on the intervention by Pacific Coast Energy Corporation, Westcoast Energy Inc. and Intec Engineering Inc.
1993-04-23 Appeal hearing scheduled, 1993-06-14
Decision reserved
1993-04-16 Affidavit, J. Kenneth McEwan Pacific Coast Energy Corporation, Westcoast EnergyInc. and Intec Engineering Inc.
1993-04-16 Motion for leave to intervene Pacific Coast Energy Corporation, Westcoast EnergyInc. and Intec Engineering Inc.
1993-04-05 Correspondence (sent by the Court) to, from James P. Taylor; re: will not be stating constitutional questions
1993-03-25 Correspondence (sent by the Court) to, sent to Blake, Cassels & Graydon (Vancouver, BC) re: appeal is ready for scheduling, Rule 32 sent
1993-03-25 Correspondence (sent by the Court) to, sent to Singleton, Urquhart, Macdonald (Vancouver, BC) re: appeal is ready for scheduling, Rule 32 sent
1993-02-02 Decision on miscellaneous motion, permitting the appellant to file a reply factum., Reg
Granted, no order as to costs
1993-02-02 Hearing of miscellaneous motion, 1993-02-02, permitting the appellant to file a reply factum., Reg
1993-02-02 Submission of miscellaneous motion, 1993-02-02, permitting the appellant to file a reply factum., Reg
1993-01-29 Response to miscellaneous motion, for an order permitting the appellant to file a reply factum N.D. Lea & Associates Ltd.
1993-01-29 Affidavit, for an order permitting the appellant to file a reply factum; Joanne R. Lysyk Edgeworth Construction Ltd.
1993-01-29 Notice of miscellaneous motion, for an order permitting the appellant to file a reply factum Edgeworth Construction Ltd.
1993-01-21 Correspondence (sent by the Court) to, from Glenn A. Urquhart; re: reply factum of the appellant's (issue of reliance)
1993-01-19 Reply factum on appeal, 24 copies Edgeworth Construction Ltd.
1993-01-12 Appeal perfected for hearing, Session beginning on 1993-04-26
1992-12-16 Respondent's factum, 24 copies, with service N.D. Lea & Associates Ltd.
1992-10-19 Appellant's factum, 24 copies, with service Edgeworth Construction Ltd.
1992-09-30 Appeal court record, (accordeon)
1992-09-23 Trial court record, 1 box
1992-09-14 Certified casebook, With service Edgeworth Construction Ltd.
1992-09-03 Case on appeal, 23 copies Edgeworth Construction Ltd.
1992-08-13 Order granting leave to appeal, With service
1992-08-07 Proof of service, of the Notice of Appeal
1992-07-27 $500 security deposit paid, direction #2232 Edgeworth Construction Ltd.
1992-07-27 Notice of appeal Edgeworth Construction Ltd.
1992-07-02 Notice of deposit of judgment issued to all parties, Scott & Aylen (Ottawa,ON)
1992-07-02 Notice of deposit of judgment issued to all parties, Blake, Cassels & Graydon (Vancouver,BC)
1992-07-02 Judgment of the Court on the application for leave to appeal, LaF G Co, The application for leave to appeal is granted.
Granted, no order as to costs
1992-07-02 Hearing of the application for leave to appeal, 1992-07-02, LaF G Co
1992-07-02 All materials on application for leave submitted to the Judges, 1992-07-02, LaF G Co
1992-06-30 General proceeding, Correspondence from Blake, Cassels and Graydon dated June 1/92 distributed to LaF G Co
1992-06-01 Correspondence received from, from Blake, Cassels; re: Court decision in Norks Pacific (21838) Edgeworth Construction Ltd.
1992-05-05 General proceeding, TO NOTE, I have requested a copy of the letter referred to in the Singleton's letter received Apr. 23/92 (this letter addressed to the Registrar was never received?)
1992-05-04 Correspondence received from, from Scott & Aylen; re: copy of letter of the applicant dated April 13/92 addressed to the Registrar N.D. Lea & Associates Ltd.
1992-04-23 Correspondence received from, (original) from Singleton, Urquhart; re: opposess the granting of the leave application and takes no position on the matters raised in the applicant's letter N.D. Lea & Associates Ltd.
1991-08-16 General proceeding, 5 copies of "CANADIAN CASES ON THE LAW OF TORTS" Edgeworth Construction Ltd.
1991-07-16 General proceeding, to note Copy of formal order of B.C. Court of Appeal sent up to the Justices for adjudication.
1991-07-16 General proceeding, to note copy of the formal order of the B.C. court of Appeal, entered May 1, 1991 sent up to justices along with leave application.
1991-07-16 All materials on application for leave submitted to the Judges, LaF G Co
1991-06-21 Application for leave to appeal, as C/A judgment filed, Completed on: 1991-06-21
1991-06-21 General proceeding, to note C/A judgment (5 copies) Edgeworth Construction Ltd.
1991-06-11 Correspondence received from, sent to Blake, Cassels & Graydon (Ottawa,ON) advising that material filed does not comply with Court's requirements as formal order of the Court of Appeal missing.
1991-05-30 Decision on motion to extend time, to serve and file the respondent's argument to May/12/91, G
Granted, no order as to costs
1991-05-30 Hearing of motion to extend time, 1991-05-30, to serve and file the respondent's argument to May/12/91, G
1991-05-30 Submission of motion to extend time, 1991-05-30, to serve and file the respondent's argument to May/12/91, G
1991-05-29 Response to motion to extend time, to serve and file the memorandum of argument (Letterform) Edgeworth Construction Ltd.
1991-05-29 Affidavit, to serve and file the memorandum of argument; Fred D. Banning N.D. Lea & Associates Ltd.
1991-05-29 Motion to extend time, to serve and file the memorandum of argument N.D. Lea & Associates Ltd.
1991-05-15 Respondent's response on the application for leave to appeal, 5 copies, with service N.D. Lea & Associates Ltd.
1991-04-18 Book of authorities, 5 copies of vol. I & II Edgeworth Construction Ltd.
1991-04-18 Court of Appeal casebooks and transcripts of evidence, 3 copies
1991-04-18 $30.00 filing fee, #19451 Edgeworth Construction Ltd.
1991-04-18 Application for leave to appeal, 5 copies (formal C/A judgment missing), with service, Incomplete Edgeworth Construction Ltd.

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
Edgeworth Construction Ltd. Applicant Active

v.

Main parties - Respondents
Name Role Status
N.D. Lea & Associates Ltd. Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Edgeworth Construction Ltd. Applicant Active

v.

Sub parties (1) - Respondents
Name Role Status
Walji, N.N. Respondent Active
Fary, Graham A. Respondent Active
Reid, Warren Respondent Active
Persons whose names are unknown to the Plaintiff Respondent Active

Other parties

Other parties
Name Role Status
Pacific Coast Energy Corporation, Westcoast EnergyInc. and Intec Engineering Inc. Intervener Active

Counsel

Party: Edgeworth Construction Ltd.

Counsel
Name
James P. Taylor, Q.C.
Contact information
Blake, Cassels & Graydon LLP
1700 - 1030 GEORGIA ST W
VANCOUVER, British Columbia
V6E 2Y3
Telephone: (604) 631-3300
FAX: (604) 631-3309
Agent
Name
Joanne Van Doorn
Contact information
Blake, Cassels & Graydon LLP
45 O'Connor St
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2200
FAX: (613) 788-2247

Party: N.D. Lea & Associates Ltd.

Counsel
Names
Nathan H. Smith
Glenn A. Urquhart
Contact information
Singleton Urquhart Scott
1200 - 1125 HOWE ST
VANCOUVER, British Columbia
V6Z 2K8
Telephone: (604) 682-7474
FAX: (604) 682-1283
Agent
Name
James I. Minnes
Contact information
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Walji, N.N.

Counsel
Name
Nathan H. Smith
Contact information
Singleton Urquhart Scott
1200 - 1125 HOWE ST
VANCOUVER, British Columbia
V6Z 2K8
Telephone: (604) 682-7474
FAX: (604) 682-1283
Agent
Name
James I. Minnes
Contact information
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Fary, Graham A.

Counsel
Name
Nathan H. Smith
Contact information
Singleton Urquhart Scott
1200 - 1125 HOWE ST
VANCOUVER, British Columbia
V6Z 2K8
Telephone: (604) 682-7474
FAX: (604) 682-1283
Agent
Name
James I. Minnes
Contact information
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Reid, Warren

Counsel
Name
Nathan H. Smith
Contact information
Singleton Urquhart Scott
1200 - 1125 HOWE ST
VANCOUVER, British Columbia
V6Z 2K8
Telephone: (604) 682-7474
FAX: (604) 682-1283
Agent
Name
James I. Minnes
Contact information
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Persons whose names are unknown to the Plaintiff

Counsel
Name
Nathan H. Smith
Contact information
Singleton Urquhart Scott
1200 - 1125 HOWE ST
VANCOUVER, British Columbia
V6Z 2K8
Telephone: (604) 682-7474
FAX: (604) 682-1283
Agent
Name
James I. Minnes
Contact information
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Pacific Coast Energy Corporation, Westcoast EnergyInc. and Intec Engineering Inc.

Counsel
Name
George K. MacIntosh, Q.C.
Contact information
Farris, Vaughan, Wills & Murphy
2600 - 700 Georgia St. West
P.O. Box 10026
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 661-9332
FAX: (604) 661-9349
Email: gmacintosh@farris.com
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

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

December 8, 1989
Supreme Court of British Columbia

C885124

Applicant's action dismissed

February 18, 1991
Court of Appeal for British Columbia (Vancouver)

CA011803

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

Not available.

Date modified: 2025-05-13