Case information
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22542
Sharon-Leigh Murphy, et al. v. Frederick Welsh
(Ontario) (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) |
|---|---|---|
| 1997-09-09 | Appeal closed | |
| 1993-10-21 | General proceeding, SEE JUDGMENT IN "STODDARD v. WATSON" (#22601) OF THE SAME DATE [1993] 2 S.C.R. 1069 | |
| 1993-10-20 | Notice of withdrawal, With service | Attorney General of British Columbia |
| 1993-08-25 | Proof of service, of the appellant's factum on interveners for constitutional questions | |
| 1993-07-30 | Appeal removed from the list | |
| 1993-06-14 | Notice of intervention respecting a constitutional question, With service | Attorney General of Quebec |
| 1993-06-14 | Notice of intervention respecting a constitutional question, With service | Attorney General of British Columbia |
| 1993-06-08 | Notice of intervention respecting a constitutional question, With service | Attorney General for Ontario |
| 1993-06-04 | Order on motion to extend time, to serve and file their factum to April 20, 1993 nunc pro tunc., with service | |
| 1993-05-27 |
Decision on motion to extend time, to serve and file the respondent's factum to April 20, 1993 nunc pro tunc., Reg Granted, no order as to costs |
|
| 1993-05-27 | Hearing of motion to extend time, 1993-05-27, to serve and file the respondent's factum to April 20, 1993 nunc pro tunc., Reg | |
| 1993-05-27 | Submission of motion to extend time, 1993-05-27, to serve and file the respondent's factum to April 20, 1993 nunc pro tunc., Reg | |
| 1993-05-25 | Book of authorities, JOINT 10 copies | Sharon-Leigh Murphy |
| 1993-05-20 | Notice of constitutional question(s), With service | Sharon-Leigh Murphy |
| 1993-05-20 | Response to motion to extend time, to file the respondent's factum | Sharon-Leigh Murphy |
| 1993-05-20 | Affidavit, to file the respondent's factum to April 20, 1993 (of Andrew Lokan) | Frederick Welsh |
| 1993-05-20 | Motion to extend time, to file the respondent's factum to April 20, 1993 | Frederick Welsh |
| 1993-05-19 | Order on motion to adjourn the hearing of the appeal, (for order regarding filing of factums and oral submissions and interventions see file) | |
| 1993-05-19 | Proof of service, of factum | |
| 1993-05-19 | Intervener's factum, 25 copies (motion to have accepted requested - no marginal lining) | Hastings, Charlebois, Feltmate, Fur and Delibato |
| 1993-05-17 | Appeal court record, (a document called special case | |
| 1993-05-14 | Order on motion to state a constitutional question, With service | |
| 1993-05-12 |
Decision on motion to adjourn the hearing of the appeal, (for order regarding factums and oral submissions and interventions by the parties see file), CJ Dismissed, no order as to costs |
|
| 1993-05-12 | Hearing of motion to adjourn the hearing of the appeal, 1993-05-12, (for order regarding factums and oral submissions and interventions by the parties see file), CJ | |
| 1993-05-12 | Submission of motion to adjourn the hearing of the appeal, 1993-05-12, (for order regarding factums and oral submissions and interventions by the parties see file), CJ | |
| 1993-05-12 |
Decision on miscellaneous motion, for approval and signature by the Registrar of the formal Order of the Chief Justice dated April 29, 1993. Traversed, no order as to costs |
|
| 1993-05-12 |
Hearing of miscellaneous motion, 1993-05-12, for approval and signature by the Registrar of the formal Order of the Chief Justice dated April 29, 1993. Decision reserved |
|
| 1993-05-12 |
Submission of miscellaneous motion, 1993-05-12, for approval and signature by the Registrar of the formal Order of the Chief Justice dated April 29, 1993. Decision reserved |
|
| 1993-05-11 | Affidavit, With service | Sharon-Leigh Murphy |
| 1993-05-11 | Notice of miscellaneous motion, for approval and signature by the Registrar of the formal Order of the Chief Justice dated April 29, 1993., with service | Sharon-Leigh Murphy |
| 1993-05-07 | Affidavit, in (Stoddard 22601) to the fall session., with service | Frederick Welsh |
| 1993-05-07 | Motion to adjourn the hearing of the appeal, in (Stoddard 22601) to the fall session., with service | Frederick Welsh |
| 1993-04-29 |
Decision on the motion to state a constitutional question, For Constitutional Questions see file or Reg's red book #9 @p. 175. Interventions on behalf of the Attorneys General file by June 14, 1993, CJ Granted, no order as to costs |
|
| 1993-04-29 | Hearing of the motion to state a constitutional question, 1993-04-29, For Constitutional Questions see file or Reg's red book #9 @p. 175. Interventions on behalf of the Attorneys General file by June 14, 1993, CJ | |
| 1993-04-29 | Submission of motion to state a constitutional question, 1993-04-29, For Constitutional Questions see file or Reg's red book #9 @p. 175. Interventions on behalf of the Attorneys General file by June 14, 1993, CJ | |
| 1993-04-28 | Response to the motion to state a constitutional question | Sharon-Leigh Murphy |
| 1993-04-28 | Motion to state a constitutional question, With service | Sharon-Leigh Murphy |
| 1993-04-23 | Appeal hearing | |
| 1993-04-20 | Respondent's factum, 24 copies (extension of time requested) | Frederick Welsh |
| 1993-03-30 | Order on miscellaneous motion, to accept the appellant's factum as filed., with service | |
| 1993-03-30 | Order on motion to extend time, to file the appellant's factum to Nov\24\1992, nunc pro tunc, with service | |
| 1993-03-25 | Correspondence (sent by the Court) to, sent to Morris, Waxman, Carpenter-Gunn (Hamilton, ON) re: appeal is ready for scheduling, Rule 32 sent | |
| 1993-03-25 | Correspondence (sent by the Court) to, sent to Paul Lee (Toronto, ON) re: appeal is ready for scheduling, Rule 32 sent | |
| 1993-03-25 | Correspondence (sent by the Court) to, sent to Borden & Elliot (Toronto, ON) re: appeal is ready for scheduling, Rule 32 sent | |
| 1993-03-09 |
Decision on miscellaneous motion, to accept the appellant's factum notwithstanding the fact that every 10th lines is not numbered as required by rules 39(1) 33(1)(c)., Reg Granted, no order as to costs |
|
| 1993-03-09 | Hearing of miscellaneous motion, 1993-03-09, to accept the appellant's factum notwithstanding the fact that every 10th lines is not numbered as required by rules 39(1) 33(1)(c)., Reg | |
| 1993-03-09 | Submission of miscellaneous motion, 1993-03-09, to accept the appellant's factum notwithstanding the fact that every 10th lines is not numbered as required by rules 39(1) 33(1)(c)., Reg | |
| 1993-03-09 |
Decision on motion to extend time, to serve and file the appellant's factum to Novenber 24, 1992., Reg Granted, no order as to costs |
|
| 1993-03-09 | Hearing of motion to extend time, 1993-03-09, to serve and file the appellant's factum to Novenber 24, 1992., Reg | |
| 1993-03-09 | Submission of motion to extend time, 1993-03-09, to serve and file the appellant's factum to Novenber 24, 1992., Reg | |
| 1993-03-08 | Response to miscellaneous motion, for an order accepting the appellant's factum as filed (no marginal lines) | Frederick Welsh |
| 1993-01-22 | Affidavit, for an order accepting the appellant's factum as filed (no marginal lines); Michael Warren Kelly | Sharon-Leigh Murphy |
| 1993-01-22 | Notice of miscellaneous motion, for an order that the appellant's factum be accepted as filed (no marginal lines) | Sharon-Leigh Murphy |
| 1993-01-22 | Response to motion to extend time, to serve and file the appellant's factum to Nov. 24/92 | Frederick Welsh |
| 1993-01-22 | Affidavit, to serve and file the factum to Nov. 24/92; Michael Warren Kelly | Sharon-Leigh Murphy |
| 1993-01-22 | Motion to extend time, to serve and file the factum to Nov. 24/92 | Sharon-Leigh Murphy |
| 1993-01-19 | Appeal perfected for hearing, Session beginning on 1994-01-24 | |
| 1992-11-24 | Appellant's factum, 24 copies (extension of time requested and motion to accept to its present form requested - any numbers in the left margin), with service | Sharon-Leigh Murphy |
| 1992-11-06 |
Decision on motion to extend time, to serve and file the case on appeal to Oct/27/92, Reg Granted, no order as to costs |
|
| 1992-11-06 | Hearing of motion to extend time, 1992-11-06, to serve and file the case on appeal to Oct/27/92, Reg | |
| 1992-11-06 | Submission of motion to extend time, 1992-11-06, to serve and file the case on appeal to Oct/27/92, Reg | |
| 1992-11-06 |
Decision on motion to extend time, to serve and file the case on appeal to Oct/27/92 nunc pro tunc, Reg Granted, no order as to costs |
|
| 1992-11-06 | Hearing of motion to extend time, 1992-11-06, to serve and file the case on appeal to Oct/27/92 nunc pro tunc, Reg | |
| 1992-11-06 | Submission of motion to extend time, 1992-11-06, to serve and file the case on appeal to Oct/27/92 nunc pro tunc, Reg | |
| 1992-11-06 | Response to motion to extend time, to file the Case on Appeal to October 27, 1992 | Frederick Welsh |
| 1992-11-05 | Correspondence (sent by the Court) to, (by fax) of Thomas D. Galligan to advise that he does not oppose the motion to extend time to file the Case on Appeal | |
| 1992-11-05 | Affidavit, to file the Case on Appeal (of Michael Warren Kelly), with service | Sharon-Leigh Murphy |
| 1992-11-03 | Motion to extend time, to file the Case on Appeal to October 27, 1992, with service | Sharon-Leigh Murphy |
| 1992-10-27 | Certified casebook, With service | Sharon-Leigh Murphy |
| 1992-10-27 | Case on appeal, 23 copies (extension of time requested) | Sharon-Leigh Murphy |
| 1992-08-28 | Order on motion for leave to intervene, With service | |
| 1992-06-19 | Correspondence (sent by the Court) to, from Burke-Robertson; re: respondent has no Ottawa agent; cannot get agreement as to content of the Case on Appeal | |
| 1992-06-15 | Notice of change of counsel, With service | Frederick Welsh |
| 1992-06-10 |
Decision on motion to extend time, Motion for an order to extend the time within which the appellant may file the Case on Appeal until the 25th of June, 1992. On consent motion is granted., Reg Granted, no order as to costs |
|
| 1992-06-10 | Hearing of motion to extend time, 1992-06-10, Motion for an order to extend the time within which the appellant may file the Case on Appeal until the 25th of June, 1992. On consent motion is granted., Reg | |
| 1992-06-10 | Submission of motion to extend time, 1992-06-10, Motion for an order to extend the time within which the appellant may file the Case on Appeal until the 25th of June, 1992. On consent motion is granted., Reg | |
| 1992-06-08 | Affidavit, to serve and file the Case on Appeal to June 25; Michael Warren Kelly, with service | Sharon-Leigh Murphy |
| 1992-06-08 | Motion to extend time, to serve and file the Case on Appeal to June 25, with service | Sharon-Leigh Murphy |
| 1992-06-08 | Correspondence (sent by the Court) to, from W.G. Burke-Robertson; re: that the respondent will not appear on the motion and that they had no objection to an order extending the time to file the Case on Appeal | |
| 1992-05-26 | Order granting leave to appeal, With service | |
| 1992-05-21 |
Decision on the motion for leave to intervene, oral argument is limited to 10 minutes., McL Granted, no order as to costs |
|
| 1992-05-21 | Hearing of motion for leave to intervene, 1992-05-21, oral argument is limited to 10 minutes., McL | |
| 1992-05-21 | Submission of motion for leave to intervene, 1992-05-21, oral argument is limited to 10 minutes., McL | |
| 1992-04-21 | Response to the motion for leave to intervene, by Hastings, Charlebois, Feltmate, Fur, Belibato (by fax)(letterform) | Sharon-Leigh Murphy |
| 1992-04-14 | Response to the motion for leave to intervene, of Hastings, Charlebois, Feltmate, Fur, Belibato (letterform) (by fax) | Frederick Welsh |
| 1992-03-26 | Affidavit, Edward Allan Ayers, with service | Hastings, Charlebois, Feltmate, Fur and Delibato |
| 1992-03-26 | Motion for leave to intervene, With service | Hastings, Charlebois, Feltmate, Fur and Delibato |
| 1992-03-17 | Notice of deposit of security, direction #2223, with service | |
| 1992-03-03 | Notice of appeal, With service | Sharon-Leigh Murphy |
| 1992-03-03 | $500 security deposit paid, direction #2223 | Sharon-Leigh Murphy |
| 1992-03-02 | Close file on Leave | |
| 1992-02-06 | Notice of deposit of judgment issued to all parties, Morris, WAxman, Carpenter-Gunn (Hamilton,ON) | |
| 1992-02-06 | Notice of deposit of judgment issued to all parties, Bordon & Elliot (Toronto,ON) | |
| 1992-02-06 | Notice of deposit of judgment issued to all parties, Luchak, Lofchik, Sullivan (Hamilton,ON) | |
| 1992-02-06 |
Judgment of the Court on the application for leave to appeal, CJ LaF Co, The application for leave to appeal is granted, costs in the cause, the appeal to be heard together with the appeal of Lorna Stoddard v. Wanda Watson and Tilden Rent-A-Car (22601). Granted, with costs in the cause |
|
| 1992-02-06 | Hearing of the application for leave to appeal, 1992-02-06, CJ LaF Co | |
| 1992-02-06 | All materials on application for leave submitted to the Judges, 1992-02-06, CJ LaF Co | |
| 1991-11-01 | Respondent's response on the application for leave to appeal, 5 copies, with service | Frederick Welsh |
| 1991-10-07 | All materials on application for leave submitted to the Judges, LaF Co St | |
| 1991-10-03 | Book of authorities, 5 copies, with service | Hastings, Charlebois, Feltmate, Fur and Delibato |
| 1991-10-03 | Intervener's memorandum of argument on application for leave, 5 copies, with service | Hastings, Charlebois, Feltmate, Fur and Delibato |
| 1991-09-25 | Correspondence received from, from Borden & Elliot; re: that file 22601 Stoddard v. Watson be dealt with this file | |
| 1991-09-20 |
Decision on motion for leave to intervene, " Leave to intervene on the Appeal is to be subject to a new application.", St Granted, no order as to costs |
|
| 1991-09-20 | Hearing of motion for leave to intervene, 1991-09-20, " Leave to intervene on the Appeal is to be subject to a new application.", St | |
| 1991-09-20 | Submission of motion for leave to intervene, 1991-09-20, " Leave to intervene on the Appeal is to be subject to a new application.", St | |
| 1991-09-19 | Correspondence received from, from Borden & Elliot; re: intervention | Hastings, Charlebois, Feltmate, Fur and Delibato |
| 1991-09-18 | Response to the motion for leave to intervene, of Hastings, Charlebois, Feltmate, Fur and Delibato (fax) | Frederick Welsh |
| 1991-09-09 | Response to the motion for leave to intervene, (original) | Sharon-Leigh Murphy |
| 1991-09-04 | Response to the motion for leave to intervene, (by fax) | Sharon-Leigh Murphy |
| 1991-08-30 | Affidavit, Edward Allan Ayers, with service | Hastings, Charlebois, Feltmate, Fur and Delibato |
| 1991-08-30 | Motion for leave to intervene, With service | Hastings, Charlebois, Feltmate, Fur and Delibato |
| 1991-07-05 | $30.00 filing fee, receipt #22905 | Sharon-Leigh Murphy |
| 1991-07-05 | Application for leave to appeal, 5 copies, with service, Completed on: 1991-07-05 | Sharon-Leigh Murphy |
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 |
|---|---|---|
| Murphy, Sharon-Leigh | Applicant | Active |
| Murphy, by his Litigation Guardian, Sharon-Leigh Murphy, Jamie | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Welsh, Frederick | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Hastings, Charlebois, Feltmate, Fur and Delibato | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Attorney General for Ontario | Intervener | Active |
Counsel
Party: Murphy, Sharon-Leigh
Counsel
William Morris, Q.C.
Morris, Waxman, Carpenter-Gunn
151 JOHN ST S
PO BOX 948
HAMILTON, Ontario
L8N 3P9
Telephone: (416) 526-8080
151 JOHN ST S
PO BOX 948
HAMILTON, Ontario
L8N 3P9
Telephone: (416) 526-8080
Agent
W.G. Burke-Robertson, Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Murphy, by his Litigation Guardian, Sharon-Leigh Murphy, Jamie
Counsel
William Morris, Q.C.
Morris, Waxman, Carpenter-Gunn
151 JOHN ST S
PO BOX 948
HAMILTON, Ontario
L8N 3P9
Telephone: (416) 526-8080
151 JOHN ST S
PO BOX 948
HAMILTON, Ontario
L8N 3P9
Telephone: (416) 526-8080
Party: Welsh, Frederick
Counsel
Thomas D. Galligan
Paul A. Lee
33 HOWARD ST
TORONTO, Ontario
M4X 1J6
Telephone: (416) 961-2707
FAX: (416) 961-5575
33 HOWARD ST
TORONTO, Ontario
M4X 1J6
Telephone: (416) 961-2707
FAX: (416) 961-5575
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Hastings, Charlebois, Feltmate, Fur and Delibato
Counsel
W.L.N. Somerville
Borden & Elliot
SCOTIA PLAZA
40 KING ST W
TORONTO, Ontario
M5H 3Y4
Telephone: (416) 367-6000
FAX: (416) 367-6749
SCOTIA PLAZA
40 KING ST W
TORONTO, Ontario
M5H 3Y4
Telephone: (416) 367-6000
FAX: (416) 367-6749
Agent
Henry S. Brown, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General of Quebec
Agent
Sylvie Roussel
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General for Ontario
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
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
October 15, 1986
District Court of Ontario
Not available
District Court of Ontario
Not available
Order: Retroactive extension of time for commencement of action
December 7, 1987
Divisional Court of Ontario
2567/86
Divisional Court of Ontario
2567/86
Appeal dismissed on procedural grounds
May 10, 1991
Court of Appeal for Ontario
445/89
Court of Appeal for Ontario
445/89
Appeal allowed: Action dismissed
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.
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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.
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Date modified: 2025-02-27