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22499

William O.S. Ballard v. John Donald Crump, Executor of the Estate of Harold Edwin Ballard, Deceased, et al.

(Ontario) (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)
1992-02-13 Close file on Leave
1992-01-15 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Ontario (Toronto)
1992-01-15 Copy of formal judgment on leave being prepared, Blake, Cassels & Graydon (Toronto,ON)
1992-01-15 Copy of formal judgment on leave being prepared, McMillan, Binch (Toronto,ON)
1992-01-15 Copy of formal judgment on leave being prepared, Bellmore & Moore (Toronto,ON)
1992-01-15 Copy of formal judgment on leave being prepared, Roebuck, Garbig (Toronto,ON)
1991-11-07 Judgment of the Court on the application for leave to appeal, LaF Co St, The application for leave to appeal is dismissed with costs.
Dismissed, with costs
1991-11-07 Hearing of the application for leave to appeal, 1991-11-07, LaF Co St
1991-11-07 All materials on application for leave submitted to the Judges, 1991-11-07, LaF Co St
1991-11-06 Discontinuance of the application for leave to appeal William O.S. Ballard
1991-09-23 General proceeding, to note order of the Court of Appeal for Ontario sent up with leave material for adjudication.
1991-09-23 General proceeding, to note order from Court of appeal for Ontario sent up with leave material for adjudication.
1991-09-23 All materials on application for leave submitted to the Judges, LaF Co St
1991-09-16 Respondent's response on the application for leave to appeal, 5 copies, with service John Donald Crump, Executor of the Estate of Harold Edwin Ballard, Deceased
1991-07-31 General proceeding, 5 copies of amended applicant's argument (see order of Co dated July 2, 1991), with service William O.S. Ballard
1991-07-08 Application for leave to appeal, as formal order of C.A. filed, Completed on: 1991-07-08
1991-07-08 General proceeding, 5 copies of formal C.A. order William O.S. Ballard
1991-07-02 Decision on motion to strike out, Co, " Order will go striking out the affidavits. Costs will follow the results. If so advised, the applicant will have 30 days from this date to file a revised factum. Time for the respondents to file their material is extended accordingly." For reasons see Reg's red book #8 @ p.153."
Granted, no order as to costs
1991-07-02 Hearing of motion to strike out, 1991-07-02, Co
1991-07-02 Submission of motion to strike out, 1991-07-02, Co
1991-06-27 Hearing of motion to strike out, 1991-06-27, the affidavits of Waters and Cullity or in the alternative leave to cross-examine
Decision reserved
1991-06-27 Submission of motion to strike out, 1991-06-27, the affidavits of Waters and Cullity or in the alternative leave to cross-examine
Decision reserved
1991-06-26 Correspondence received from, from L. David Reobuck; re: does not intend to appear on the motion to strike out the affidavits returnable on June 27, 1991 Donald P. Giffin, Executor of the Estate of Harold Edwin Ballard, Deceased
1991-06-25 Affidavit, the affidavit of D.W.M. Waters sworn May 28, 1991 and the affidavit of M.C. Cullity sworn May 31, 1991, with service John Donald Crump, Executor of the Estate of Harold Edwin Ballard, Deceased
1991-06-25 Motion to strike out, the affidavit of Donovan W.M. Waters sworn May 28, 1991 and the affidavit of Maurice C. Cullity sworn May 31, 1991, with service John Donald Crump, Executor of the Estate of Harold Edwin Ballard, Deceased
1991-06-13 Correspondence received from, sent to Blake, Cassels & Graydon (Toronto,ON) advising that material does not comply with the requirements of this Court as formal order of the Court of Appeal missing.
1991-06-07 Book of authorities, 5 copies William O.S. Ballard
1991-06-07 $30.00 filing fee, receipt # 22730 William O.S. Ballard
1991-06-07 Application for leave to appeal, 5 copies (Missing formal order of Court of appeal), with service, Incomplete William O.S. Ballard

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
Ballard, William O.S. Applicant Active

v.

Main parties - Respondents
Name Role Status
Crump, Executor of the Estate of Harold Edwin Ballard, Deceased, John Donald Respondent Active
Stavro, Executor of the Estate of Harold Edwin Ballard, Deceased, Steve A. Respondent Active
Giffin, Executor of the Estate of Harold Edwin Ballard, Deceased, Donald P. Respondent Active

Counsel

Party: Ballard, William O.S.

Counsel
Name
Peter W. Hogg, Q.C.
Contact information
Blake, Cassels & Graydon
COMMERCE CT W
PO BOX 25 STN COMMERCE CRT
TORONTO, Ontario
M5L 1A9
Telephone: (416) 863-2400
FAX: (416) 863-2653

Party: Crump, Executor of the Estate of Harold Edwin Ballard, Deceased, John Donald

Counsel
Name
William V. Sasso
Contact information
McMillan Binch
3800 ROYAL BANK PLAZA SOUTH TOWER
TORONTO, Ontario
M5J 2J7
Telephone: (416) 865-7000
FAX: (416) 865-7048

Party: Stavro, Executor of the Estate of Harold Edwin Ballard, Deceased, Steve A.

Counsel
Name
Brian P. Bellmore
Contact information
Bellmore & Moore
1950 - 393 UNIVERSITY AVE
TORONTO, Ontario
M5G 1E6
Telephone: (416) 581-1818

Party: Giffin, Executor of the Estate of Harold Edwin Ballard, Deceased, Donald P.

Counsel
Name
L. David Roebuck
Contact information
Roebuck, Garbig
3200 - 401 BAY ST
BOX 52
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 862-7822

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

March 1, 1991
Ontario Court of Justice (General Division)

382/91

Application allowed (see file)

April 17, 1991
Court of Appeal for Ontario

382/91

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: 2025-02-27