Case information

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)
1997-09-09	Appeal closed
1994-03-16	Correspondence (sent by the Court) to, sent to Court of Appeal of B.C. enclosing their records
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, Lang, Michener (Ottawa, ON)
1993-12-06	Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON)
1993-12-06	Copy of formal judgment being prepared, Osler, Hoskin & Harcourt (Ottawa, ON)
1993-12-06	Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1993-12-06	Copy of formal judgment being prepared, Noël, Berthiaume, Aubry & Ass. (Hull, QC)
1993-12-03	Correspondence (sent by the Court) to, from gowling; re: Lindsay Kenney instructed us to adjourn the motion to vary pronouncement sine die
1993-12-03	Affidavit, dated Nov. 18/93 for an additional 90 days; 10 copies; Denis N. Roy	J.M. Asbestos Inc.
1993-12-03	Motion to vary pronouncement / order, dated Nov. 18/93 for an additional 90 days; 10 copies	J.M. Asbestos Inc.
1993-12-03	Proof of service, of motion to vary pronouncement
1993-12-03	Correspondence (sent by the Court) to, from Lang, Michener; re: motion to be adjourned sine die (original filed on Dec. 13/93)
1993-12-02	Correspondence (sent by the Court) to, (by fax) from Gowling; re: motions to be adjourned sine die
1993-12-02	Correspondence (sent by the Court) to, (by fax) from Gowling; re: motions to be adjourned sine die
1993-12-01	Affidavit, of Nov. 18/93 for an additional 90 days; Richard Dufour, with service	Asbestos Corporation Limited
1993-12-01	Affidavit, of David Porter Church; 3 copies, with service	George Ernest Hunt
1993-11-30	Affidavit, of Nov. 18/93 for an additional 90 days; Louis J. Zivot	Quebec Asbestos Mining Association
1993-11-30	Motion to vary pronouncement / order, of Nov. 18/93 for an additional 90 days	Quebec Asbestos Mining Association
1993-11-30	Motion to vary pronouncement / order, dated Nov. 18/93 for an additional 90 days	Asbestos Corporation Limited
1993-11-29	Affidavit, of Nov. 15/93, for an additional 90 days; Michael J. Sobkin, with service	Lac D'Amiante du Québec Ltd., formerly known as Lake Asbestos Company Limited
1993-11-29	Motion to vary pronouncement / order, of Nov. 15/93 for an additional 90 days, with service	Lac D'Amiante du Québec Ltd., formerly known as Lake Asbestos Company Limited
1993-11-18	Judgment on the appeal rendered, CJ LaF L'HD So G Co McL, The appeal is allowed with costs throughout. The respondents are required to produce for inspection within 30 days, in British Columbia, copies of all documents in their possession and control relating to the matters in question in this action, regardless of whether those documents are located inside or outside the province of Quebec. (For answers to Constitutional Questions please see file). Allowed, costs in this Court and courts below
1993-11-18	Notice of deposit of judgment sent to all parties, Noël, Berthiaume, Aubry & Ass. (Hull, QC)
1993-11-18	Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1993-11-18	Notice of deposit of judgment sent to all parties, Osler, Hoskin & Harcourt (Ottawa, ON)
1993-11-18	Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON)
1993-11-18	Notice of deposit of judgment sent to all parties, Lang, Michener (Ottawa, ON)
1993-08-19	Notice of change of counsel, to Camp Church & Associates, with service	George Ernest Hunt
1993-07-12	General proceeding, to note 10 copies of a Québec C/A judgment in 2632-7502 Québec Inc. v. Pizza Pizza Canada Inc. sent to CJ LaF L'HD So G Co McL, July 13/93	Lac D'Amiante du Québec Ltd., formerly known as Lake Asbestos Company Limited
1993-07-12	Correspondence (sent by the Court) to, of Avon M. Mersey (Russell & Dumoulin) along with the Quebec C/A judgment in "2632-7502 Québec Inc. v. Pizza Pizza Canada Inc." sent to CJ LaF L'HD So G Co McL, July 13/93
1992-10-27	General proceeding, (transcripts received and distributed to the judges - 208 pages)
1992-10-15	Order on motion for additional time to present oral argument, With service
1992-10-07	Hearing of the appeal, 1992-10-07, CJ LaF L'HD So G Co McL Decision reserved
1992-10-07	Correspondence (sent by the Court) to, from Gowling, Strathy: schedule for the hearing on Wednesday, October 7, 1992
1992-10-02	Book of authorities, 10 copies, with service	Attorney General for Ontario
1992-10-02	Intervener's factum, 24 copies (extension of time requested), with service	Attorney General for Ontario
1992-10-01	General proceeding, To Note, copy of letter dated September 30, 1992 of Mr. Jack Giles, counsel for respondents, sent up to Justices La LaF L'HD So G Co McL.
1992-09-30	General proceeding, 10 highlighted copies of Re Inter-city Truck Lines	George Ernest Hunt
1992-09-30	General proceeding, To Note, memorandum from Claude Alain Re: letters dated September 24, 29, 1992 of Mr. Stephan Antle, counsel for the appellant, advising that he will not be filing a reply factum and 10 copies of this Court's decision has been sent up to Justices La LaF L
1992-09-30	Appeal hearing scheduled, 1992-10-07 Decision reserved
1992-09-30	Correspondence (sent by the Court) to, (by fax) of Mr. Jack Giles dated today Sept. 30, 1992 to add the "Friends of the Old Man River" to authorities referred to in paragraph 32 of his factum
1992-09-25	Correspondence (sent by the Court) to, from Stephen Antle; re: will not file a reply factum (enclosed highlighted copies of R. v. Schachter)
1992-09-23	Book of authorities, JOINT 10 copies of vol. I to III	George Ernest Hunt
1992-09-22	Decision on motion for additional time to present oral argument, namely one hour for his oral argument. Argument will be no longer than 30 minutes., McL Dismissed, no order as to costs
1992-09-22	Hearing of motion for additional time to present oral argument, 1992-09-22, namely one hour for his oral argument. Argument will be no longer than 30 minutes., McL
1992-09-22	Submission of motion for additional time to present oral argument, 1992-09-22, namely one hour for his oral argument. Argument will be no longer than 30 minutes., McL
1992-09-22	Decision on the motion to file a reply factum on appeal, McL, on five points. The applicant concedes that the second, third and fourth points were raised in the Courts below. As such, they should properly have been dealt with in the factum on appeal. The first point is a new alternative argument as to how the section in issue should be constucted. It is said that this argument was raised by the intervenor, the Province of Québec, but that intervenor says it does not contend for the argument advanced. I conclude that it is a new argument, and should have been advanced in the factum on appeal. The fifth point raises a new matter to which the appellant should have the right to reply It thus emerges tha the appellant has failed to make its case for a factum in reply on points 1 to 4. In effect, it seeks to use the reply as a means of advancing arguments and variations on arguments which should properly be found in its main factum. The Court is concerned to have full argument before it. However, the Court must also ensure that its procedures are fair to all parties. If the appellant was permitted to raise the new arguments and variations on arguments it seeks to raise under points 1 to 4, it would be necessary in fairness to accommodate the desire of some respondents to conduct further research and prepare sur-replies. The imminent hearing date makes it impossible to do this. Nor can the hearing be delayed without the risk of injustice, given the venerable age of the incidents in question in the action. In these circumstances, I conclude that I must dismiss the application, except with respect to point 5. I note that on that point, Mr. Giles states he has no objection to the appellant advancing it in its main argument, should he choose to do so. Succes being divided, costs of the motion will follow the event. Dismissed, no order as to costs
1992-09-22	Hearing of motion to file a reply factum on appeal, 1992-09-22, McL
1992-09-22	Submission of motion to file a reply factum on appeal, 1992-09-22, McL
1992-09-21	Correspondence (sent by the Court) to, from Lang, Michener; re: Mr. Zivot will require 45 minutes for his argument
1992-09-21	Proof of service, of book of authorities
1992-09-18	Book of authorities, 10 copies	Attorney General of Quebec
1992-09-18	Affidavit, David P. Church, with service	George Ernest Hunt
1992-09-17	Correspondence (sent by the Court) to, from Gowling: Re: Gregory S. Miller and R. B. Lindsay counsel for Asbestos will argue 20 minutes
1992-09-17	Correspondence (sent by the Court) to, from Gowling: re: W. S. Berardino, Q.C. and Avon M. Mersey will argue 1 hour.
1992-09-15	Proof of service, 1 served copy of factum, with service
1992-09-15	Proof of service, 1 served copy of factum, with service
1992-09-15	Proof of service, 1 served copy of factum, with service
1992-09-15	Proof of service, 1 served copy of factum, with service
1992-09-15	Proof of service, 1 served copy of factum, with service
1992-09-11	Affidavit, namely 1 hour (of Alain Gingras), with service	Attorney General of Quebec
1992-09-11	Motion for additional time to present oral argument, namely 1 hour, with service	Attorney General of Quebec
1992-09-10	Intervener's factum, 24 copies (no service)	Attorney General of Quebec
1992-09-09	Proof of service, of the Respondent's National Gypsum (R07) factum admitted on 1992/09/04
1992-09-08	Decision on the motion to file a reply factum on appeal Traversed, no order as to costs
1992-09-08	Hearing of motion to file a reply factum on appeal, 1992-09-08 Adjourned
1992-09-08	Submission of motion to file a reply factum on appeal, 1992-09-08 Adjourned
1992-09-04	General proceeding, (To Note) memo from Claude E. Alain re: letter dated September 01, 1992 of Mr. Avon M. Mersey, counsel for respondent has been sent up to Justices La L'HD So G Co McL I.
1992-09-04	Correspondence (sent by the Court) to, sent to Russell & Dumoulin (Vanouver,BC) re: acknowledge letter dated September 01, 1992.
1992-09-04	Proof of service, of the Respondent's National Gypsum (R07) factum (admitted on August 26, 1992)
1992-09-04	Proof of service, of the Respondent's National Gupsum (R07) factum (admitted on August 26, 1992)
1992-09-04	Proof of service, of the Respondent's National Gypsum (R07) factum (admitted on August 26, 1992)
1992-09-04	Proof of service, of Respondent's National Gypsum (R07) factum (admitted on August 26, 1992)
1992-09-04	Proof of service, of the Respondent's National Gypsum (R07) factum (admitted on August 27, 1992)
1992-09-03	Correspondence (sent by the Court) to, (by fax) from Russell & DuMoulin; re: like to draw the Court's attention of two further cases: Premsyl and Asbestos Corp.
1992-09-03	Correspondence (sent by the Court) to, from Gowling; re: respondent will require one hour at the hearing
1992-08-31	Respondent's factum, 23 copies	Asbestos Corporation Limited
1992-08-31	Respondent's factum, 23 copies	J.M. Asbestos Inc.
1992-08-31	Respondent's factum, 23 copies	Lac D'Amiante du Québec Ltd., formerly known as Lake Asbestos Company Limited
1992-08-31	Respondent's factum, 24 copies, with service	Quebec Asbestos Mining Association
1992-08-27	Respondent's factum, 24 copies	National Gypsum Co.
1992-08-26	Affidavit, (David P. Church), with service	George Ernest Hunt
1992-08-26	Motion to file a reply factum on appeal, With service	George Ernest Hunt
1992-08-17	Correspondence (sent by the Court) to, of Gowling, Strathy & Henderson to advise that Mr. Jack Giles, Q.C. will require one hour. the appellant J.J. Camp indicated that he will require one hour on the appeal and 15 minutes in reply
1992-07-30	Notice of hearing	George Ernest Hunt
1992-07-20	Proof of service, of the Case on Appeal vol. 1 to 3 on A.G. Ontario and A.G. Quebec (stamped backing)
1992-07-10	Notice of intervention respecting a constitutional question, With service	Attorney General for Ontario
1992-07-07	Notice of intervention respecting a constitutional question, 2 copies, with service	Attorney General of Quebec
1992-07-06	Appellant's factum, 24 copies, with service	George Ernest Hunt
1992-06-29	General proceeding, 24 copies of supplementary Case on Appeal, with service	George Ernest Hunt
1992-06-17	Order on motion to state a constitutional question, the motion to state Constitutional Questions was adjourned to May\15\1992, the appellants' factum is to be filed by July\06\1992, and the appeal is to be inscribed for the Fall session, 1992., with service
1992-06-16	General proceeding, transcripts on motion re Constitutional Questions heard on Monday, June 1, 1992 received and distributed to the justices (47 pages)
1992-06-09	Order on motion to state a constitutional question, "motion is referred to the Court to be heard on June\01\1992, with service
1992-06-09	Order on motion to state a constitutional question, With service
1992-06-09	Notice of constitutional question(s), With service	George Ernest Hunt
1992-06-02	Appeal perfected for hearing, Session beginning on 1992-10-05
1992-06-02	Decision on the motion to state a constitutional question, CJ LaF L'HD G McL, The motion to state a constitutional question is granted, costs in the cause. The motion to quash is dismissed, costs in the cause./La requête en formulation d'une question constitutionnelle est accordée, avec dépens à suivre. La requête en annulation est rejetée, avec dépens à suivre. Granted, no order as to costs
1992-06-02	Hearing of the motion to state a constitutional question, 1992-06-02, CJ LaF L'HD G McL
1992-06-02	Submission of motion to state a constitutional question, 1992-06-02, CJ LaF L'HD G McL
1992-06-01	Hearing of the motion to state a constitutional question, 1992-06-01 Decision reserved
1992-06-01	Submission of motion to state a constitutional question, 1992-06-01 Decision reserved
1992-05-29	General proceeding, to note 6 copies of Book of Authorities of the Appellants (on motion for constitutional question)	George Ernest Hunt
1992-05-29	General proceeding, to note 10 copies of Motion Brief of the Appellants on motion to state a constitutional question, with service	George Ernest Hunt
1992-05-27	General proceeding, to note an amended brief of authorities on the motion for Constitutional Questions (1 copy), with service	Lac D'Amiante du Québec Ltd., formerly known as Lake Asbestos Company Limited
1992-05-27	General proceeding, to note 1 copy of an amended motion book of the respondent on the motion for Constitutional Questions, with service	Lac D'Amiante du Québec Ltd., formerly known as Lake Asbestos Company Limited
1992-05-15	Decision on the motion to state a constitutional question, should be dealt with on June 1, 1992 at 10:00am before this Court since there are preliminary questions of jurisdiction. Traversed, no order as to costs
1992-05-15	Hearing of the motion to state a constitutional question, 1992-05-15, should be dealt with on June 1, 1992 at 10:00am before this Court since there are preliminary questions of jurisdiction. Adjourned
1992-05-15	Submission of motion to state a constitutional question, 1992-05-15, should be dealt with on June 1, 1992 at 10:00am before this Court since there are preliminary questions of jurisdiction. Adjourned
1992-05-14	General proceeding, to note 1 copy of Brief of Authorities on motion for constitutional question, with service	Lac D'Amiante du Québec Ltd., formerly known as Lake Asbestos Company Limited
1992-05-14	General proceeding, to note 1 copy of Motion Book of the Respondent on the motion for constitutional question, with service	Lac D'Amiante du Québec Ltd., formerly known as Lake Asbestos Company Limited
1992-05-05	Appeal court record, 1 accordion file
1992-04-08	Affidavit, of Avon M. Mersey (original) re: motion to state constitutional question	Lac D'Amiante du Québec Ltd., formerly known as Lake Asbestos Company Limited
1992-04-08	Decision on the motion to state a constitutional question, is adjourned to May 15, 1992. Appellant is to file his factum by July 6,1992 and the Appeal is inscribed for the fall session. Traversed, no order as to costs
1992-04-08	Hearing of the motion to state a constitutional question, 1992-04-08, is adjourned to May 15, 1992. Appellant is to file his factum by July 6,1992 and the Appeal is inscribed for the fall session. Adjourned
1992-04-08	Submission of motion to state a constitutional question, 1992-04-08, is adjourned to May 15, 1992. Appellant is to file his factum by July 6,1992 and the Appeal is inscribed for the fall session. Adjourned
1992-04-07	Motion to state a constitutional question, AMENDED	George Ernest Hunt
1992-04-07	Affidavit, of Avon M. Mersey (by fax); re: constitutional question	Lac D'Amiante du Québec Ltd., formerly known as Lake Asbestos Company Limited
1992-04-03	Correspondence (sent by the Court) to, dated April 2, 1992 from Patricia J. Wilson (Re: error in the Constitutional Questions)
1992-03-30	Proof of service, of the CASE on appeal
1992-03-19	Proof of service, 1 copy of notice of motion to state constitutional questions, with service
1992-03-19	Motion to state a constitutional question, With service	George Ernest Hunt
1992-03-10	Certified casebook, vols. 1 to 3	George Ernest Hunt
1992-03-10	Case on appeal, 23 copies, vols. 1 to 3	George Ernest Hunt
1992-01-23	Order granting leave to appeal, With service
1992-01-22	Notice of deposit of security, With service
1992-01-22	$500 security deposit paid, direction #2220	George Ernest Hunt
1992-01-22	Notice of appeal, With service	George Ernest Hunt
1992-01-22	Correspondence (sent by the Court) to, letter dated Jan\22\1992 from Michael L. Phelan
1992-01-17	Close file on Leave
1992-01-16	Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt (Ottawa,ON)
1992-01-16	Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1992-01-16	Notice of deposit of judgment issued to all parties, Lang, Michener, Honeywell, Wotherspoon (Ottawa,ON)
1992-01-16	Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa,ON)
1992-01-16	Judgment of the Court on the application for leave to appeal, LaF G Co, The application for leave to appeal is granted, costs in the cause. Granted, with costs in the cause
1992-01-16	Hearing of the application for leave to appeal, 1992-01-16, LaF G Co
1992-01-16	All materials on application for leave submitted to the Judges, 1992-01-16, LaF G Co
1991-11-20	Decision on motion to extend time, to serve and file a respondent's argument to Nov\01\1991,, Reg Granted, no order as to costs
1991-11-20	Hearing of motion to extend time, 1991-11-20, to serve and file a respondent's argument to Nov\01\1991,, Reg
1991-11-20	Submission of motion to extend time, 1991-11-20, to serve and file a respondent's argument to Nov\01\1991,, Reg
1991-11-20	Motion to extend time, (AMENDED) to serve and file the respondent memorandum of argument to Nov\01\1991,	National Gypsum Co.
1991-11-18	All materials on application for leave submitted to the Judges, LaF G Co
1991-11-14	Order on motion to extend time
1991-11-14	Proof of service, of applicant's reply
1991-11-12	Correspondence received from, fr. David Wilson re: will not attend motion brought by National Gypsum Co.	George Ernest Hunt
1991-11-12	Affidavit, of Amanda Marie Girling,	National Gypsum Co.
1991-11-07	Applicant's reply to respondent's argument, 5 copies	George Ernest Hunt
1991-11-06	Decision on motion to extend time, within which the applicant's reply to the respondents responses to the application for leave to appeal may be filed and served 7 clear days after the date of service on the Applicant's counsel of the response of the respondent National Gypsum Co., LaF Granted, no order as to costs
1991-11-06	Hearing of motion to extend time, 1991-11-06, within which the applicant's reply to the respondents responses to the application for leave to appeal may be filed and served 7 clear days after the date of service on the Applicant's counsel of the response of the respondent National Gypsum Co., LaF
1991-11-06	Submission of motion to extend time, 1991-11-06, within which the applicant's reply to the respondents responses to the application for leave to appeal may be filed and served 7 clear days after the date of service on the Applicant's counsel of the response of the respondent National Gypsum Co., LaF
1991-11-04	Service, of response
1991-11-04	Response to motion to extend time, to serve and file the applicant's reply	Lac D'Amiante du Québec Ltd., formerly known as Lake Asbestos Company Limited
1991-11-04	Affidavit, to serve and file the reply; Stephen Antle	George Ernest Hunt
1991-11-04	Motion to extend time, to serve and file the reply	George Ernest Hunt
1991-11-01	General proceeding, 5 copies of respondent's response	National Gypsum Co.
1991-11-01	Affidavit, to serve and file the response; John L. Finlay	National Gypsum Co.
1991-11-01	Motion to extend time, to serve and file the response	National Gypsum Co.
1991-10-30	Correspondence received from, from Osler, Hoskin; re: will file a motion to extend the time to file a reply	George Ernest Hunt
1991-10-30	Book of authorities, 3 copies	Quebec Asbestos Mining Association
1991-10-25	Service, of response
1991-10-23	Service, of application for leave to appeal
1991-10-22	Service, of respondent's factum
1991-10-21	Service, of application for leave to appeal
1991-10-21	Book of authorities, 6 copies	Asbestos Corporation Limited
1991-10-21	Respondent's response on the application for leave to appeal, 6 copies, with service	Asbestos Corporation Limited
1991-10-21	Respondent's response on the application for leave to appeal, 5 copies	Quebec Asbestos Mining Association
1991-10-21	Court of Appeal casebooks and transcripts of evidence, 4 copies of vols. 1 to 3 + supplemental of appeal books
1991-10-21	Respondent's response on the application for leave to appeal, 5 copies	J.M. Asbestos Inc.
1991-10-21	Respondent's response on the application for leave to appeal, 5 copies	Lac D'Amiante du Québec Ltd., formerly known as Lake Asbestos Company Limited
1991-10-09	Application for leave to appeal, as proof of service filed, Completed on: 1991-10-09
1991-10-09	Service
1991-10-09	Service, of application for leave to appeal
1991-10-01	$30.00 filing fee, receipt #23327	George Ernest Hunt
1991-10-01	Application for leave to appeal, 5 copies (missing proof of service), Incomplete	George Ernest Hunt

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Hunt, George Ernest	Applicant	Active

v.

Main parties - Respondents

Name	Role	Status
Lac D'Amiante du Québec Ltd., formerly known as Lake Asbestos Company Limited	Respondent	Active
Asbestos Corporation Limited	Respondent	Active
Atlas Turner Inc.	Respondent	Active
Bell Asbestos Mines Limited	Respondent	Active
J.M. Asbestos Inc.	Respondent	Active
Quebec Asbestos Mining Association	Respondent	Active
National Gypsum Co.	Respondent	Active

Other parties

Other parties

Name	Role	Status
Attorney General of Quebec	Intervener	Active
Attorney General for Ontario	Intervener	Active

Counsel

Summary

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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