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22547

Price Waterhouse Limited, Trustee of the Estate ofCharles E. MacCulloch, Deceased, in Bankruptcy v. Patricia Bredin MacCulloch, in her Personal Capacity pursuant to the provisions of Section 152 of Ba

(Nova Scotia) (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)
1992-02-14 Close file on Leave
1992-02-14 Correspondence received from, sent to Mrs. P. MacCulloch (Enfield,NS) enclosing copies of requested documentation.
1992-02-10 Correspondence received from, from Patricia B. MacCulloch; re: requesting that we return all material filed by her Patricia Bredin MacCulloch, in her Personal Capacity pursuant to the provisions of Section 152 of Ba
1992-02-06 Copy of formal judgment on leave being prepared, Soloway, Wright, Houston (Ottawa,ON)
1992-02-06 Copy of formal judgment on leave being prepared, Mrs. Charles E. MacCulloch (Enfield,NS)
1992-02-05 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Nova Scotia (Halifax)
1992-01-16 Notice of deposit of judgment issued to all parties, Soloway, Wright, Houston & Associates (Ottawa,ON)
1992-01-16 Notice of deposit of judgment issued to all parties, Mrs. Charles E. MacCulloch (Enfield,NS)
1992-01-16 Judgment of the Court on the application for leave to appeal, L'HD G Ia, The application for extension of time to file an application for leave to appeal is granted, but the application for leave to appeal and for an order declaring that s. 52 of the Bankruptcy Rules has no application to the proceeding is dismissed with costs.
Dismissed, with costs
1992-01-16 Hearing of the application for leave to appeal, 1992-01-16, L'HD G Ia
1992-01-16 All materials on application for leave submitted to the Judges, 1992-01-16, L'HD G Ia
1992-01-13 Correspondence received from, of Mrs. MacCulloch to be informed on the status of the case Patricia Bredin MacCulloch, in her Personal Capacity pursuant to the provisions of Section 152 of Ba
1991-12-05 General proceeding, to note copy of the Respondent's response to the application for leave to appeal issued to Justices L'Heureux-Dubé, Gonthier & Iacobucci.
1991-11-29 Correspondence received from, sent to Judge C. Haliburton Patricia Bredin MacCulloch, in her Personal Capacity pursuant to the provisions of Section 152 of Ba
1991-11-20 Correspondence received from, addressed to the Supreme Court; to Martin Smith to Ms. T. Costello; to Mr. E. Flinn, Q.C. Patricia Bredin MacCulloch, in her Personal Capacity pursuant to the provisions of Section 152 of Ba
1991-11-12 Correspondence received from, (22 pages) of Mrs. MacCulloch 5 copies Patricia Bredin MacCulloch, in her Personal Capacity pursuant to the provisions of Section 152 of Ba
1991-11-08 All materials on application for leave submitted to the Judges, L'HD G I
1991-10-28 Respondent's response on the application for leave to appeal, 5 copies Patricia Bredin MacCulloch, in her Personal Capacity pursuant to the provisions of Section 152 of Ba
1991-10-11 General proceeding, to note ORDER SOUGHT 5 copies Price Waterhouse Limited, Trustee of the Estate ofCharles E. MacCulloch, Deceased, in Bankruptcy
1991-10-11 Application for leave to appeal, as proof of service filed, Completed on: 1991-10-11
1991-10-11 Service, of application for leave to appeal
1991-10-07 Affidavit, 5 copies (included in motion book) of Gerald L. Morin Price Waterhouse Limited, Trustee of the Estate ofCharles E. MacCulloch, Deceased, in Bankruptcy
1991-10-07 Affidavit, 5 copies (included in motion book) of Kirk F. Stevens Price Waterhouse Limited, Trustee of the Estate ofCharles E. MacCulloch, Deceased, in Bankruptcy
1991-10-07 Notice of miscellaneous motion, 5 copies (book form) pursuant to the Order of Gonthier dated Oct. 3, 1991 re BANKRUPTCY ACT Price Waterhouse Limited, Trustee of the Estate ofCharles E. MacCulloch, Deceased, in Bankruptcy
1991-10-07 Application for leave to appeal, 5 copies (service and order sought missing), Incomplete Price Waterhouse Limited, Trustee of the Estate ofCharles E. MacCulloch, Deceased, in Bankruptcy
1991-10-03 Order on motion to extend the time to file and/or serve the leave application, (This order is pursuant to the BANKRUPTCY ACT), with service
1991-10-03 Order on motion to extend the time to file and/or serve the leave application, (This order is in reference to the July\25\91 motion), with service
1991-09-27 Correspondence received from, dated Sept. 19\91 with enclosures Patricia Bredin MacCulloch, in her Personal Capacity pursuant to the provisions of Section 152 of Ba
1991-08-23 General proceeding, "THIS APPLICATION FOR LEAVE IS TO BE REFERED TO MR JUCTICE GONTHIER'S BENCH"
1991-08-21 Decision on motion to extend time to file and /or serve the leave application, to Oct\11\1991, is diferred to the panel of the Court seized with the leave application.
Traversed, no order as to costs
1991-08-21 Hearing of motion to extend time to file and/ or serve the leave application, 1991-08-21, to Oct\11\1991, is diferred to the panel of the Court seized with the leave application.
Adjourned
1991-08-21 Submission of motion to extend time to file and/ or serve the leave application, 1991-08-21, to Oct\11\1991, is diferred to the panel of the Court seized with the leave application.
Adjourned
1991-08-20 Correspondence received from, (by fax, 7 pages) received ILLEGIBLE (see request for another copy annexed) Patricia Bredin MacCulloch, in her Personal Capacity pursuant to the provisions of Section 152 of Ba
1991-08-16 Affidavit, of service of AMENDED notice of motion and afffidavit of Gerald Morin Price Waterhouse Limited, Trustee of the Estate ofCharles E. MacCulloch, Deceased, in Bankruptcy
1991-08-16 Correspondence received from, from Mrs. MacCulloch; re: does not consent to the extension of time and will not be attending on Aug. 21st Patricia Bredin MacCulloch, in her Personal Capacity pursuant to the provisions of Section 152 of Ba
1991-08-14 Affidavit, pursuant to the provisions of SECTION 52 OF THE BANKRUPTCY ACT; Gerald R. Morin Price Waterhouse Limited, Trustee of the Estate ofCharles E. MacCulloch, Deceased, in Bankruptcy
1991-08-14 Motion to extend the time to file and or serve the application for leave to appeal, pursuant to the provisions of SECTION 52 OF THE BANKRUPTCY ACT to October 11, 1991 - AMENDED -, with service Price Waterhouse Limited, Trustee of the Estate ofCharles E. MacCulloch, Deceased, in Bankruptcy
1991-08-06 Motion to extend the time to file and or serve the application for leave to appeal, pursuant to the provisions of SECTION 52 OF THE BANKRUPTCY ACT Price Waterhouse Limited, Trustee of the Estate ofCharles E. MacCulloch, Deceased, in Bankruptcy
1991-07-30 Motion to extend the time to file and or serve the application for leave to appeal, pursuant to the provisions of SECTION 52 OF THE BANKRUPTCY ACT Price Waterhouse Limited, Trustee of the Estate ofCharles E. MacCulloch, Deceased, in Bankruptcy
1991-07-26 $30.00 filing fee, #22972 Price Waterhouse Limited, Trustee of the Estate ofCharles E. MacCulloch, Deceased, in Bankruptcy
1991-07-25 Decision on motion to extend time to file and /or serve the leave application, The present motion being made pursuant to the Supreme Court Act and Rule 5of this Court is denied, as no extension is required under said Act, G
Dismissed, no order as to costs
1991-07-25 Hearing of motion to extend time to file and/ or serve the leave application, 1991-07-25, The present motion being made pursuant to the Supreme Court Act and Rule 5of this Court is denied, as no extension is required under said Act, G
1991-07-25 Submission of motion to extend time to file and/ or serve the leave application, 1991-07-25, The present motion being made pursuant to the Supreme Court Act and Rule 5of this Court is denied, as no extension is required under said Act, G
1991-07-22 Correspondence received from, of Mrs. Patricia B. MacCulloch opposing the motion for extension of time for leave to appeal and indicating that she will not attend Patricia Bredin MacCulloch, in her Personal Capacity pursuant to the provisions of Section 152 of Ba
1991-07-18 Affidavit, With service Price Waterhouse Limited, Trustee of the Estate ofCharles E. MacCulloch, Deceased, in Bankruptcy
1991-07-18 Motion to extend the time to file and or serve the application for leave to appeal, to October 11th, 1991, with service Price Waterhouse Limited, Trustee of the Estate ofCharles E. MacCulloch, Deceased, in Bankruptcy

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
Price Waterhouse Limited, Trustee of the Estate ofCharles E. MacCulloch, Deceased, in Bankruptcy Applicant Active

v.

Main parties - Respondents
Name Role Status
MacCulloch, in her Personal Capacity pursuant to the provisions of Section 152 of Ba, Patricia Bredin Respondent Active

Counsel

Party: Price Waterhouse Limited, Trustee of the Estate ofCharles E. MacCulloch, Deceased, in Bankruptcy

Counsel
Name
Earl A. Cherniak, Q.C.
Contact information
Lerner & Associates
2400 - 130 Adelaide St West
Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 867-3076
FAX: (416) 867-9192
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: MacCulloch, in her Personal Capacity pursuant to the provisions of Section 152 of Ba, Patricia Bredin

Counsel
Name
Charles E. MacCulloch
Contact information
GENERAL DELIVERY POST OFFICE
ENFIELD, Nova Scotia
Telephone: (902) 883-1624

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

November 3, 1989
Supreme Court of Nova Scotia, Trial Division

Not available

Action allowed (See file)

June 12, 1991
Nova Scotia Court of Appeal

Not available

Appeal allowed (See file)

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

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Webcasts

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Date modified: 2025-02-27