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22860

John Earl Miller, et al. v. Mariea Cooper, 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)
1997-09-09 Appeal closed
1995-01-19 Certificate of taxation issued to, McCarthy, Tetrault
1995-01-19 Fee on taxation $30.00, receipt #22021 Samuel H. Shanks
1995-01-06 Decision on the bill of costs, by the Registrar at $4,189.54
1995-01-06 Decision on miscellaneous motion, (see file for Reasons) - Argument on the motion to strike para. 15 of Cheryl Talbot's affidavit was postponed and the motion was not dealt with, Reg
Dismissed, no order as to costs
1995-01-06 Hearing of miscellaneous motion, 1995-01-06, (see file for Reasons) - Argument on the motion to strike para. 15 of Cheryl Talbot's affidavit was postponed and the motion was not dealt with, Reg
1995-01-06 Submission of miscellaneous motion, 1995-01-06, (see file for Reasons) - Argument on the motion to strike para. 15 of Cheryl Talbot's affidavit was postponed and the motion was not dealt with, Reg
1995-01-03 Correspondence (sent by the Court) to, (by fax) from Gowling; re: acknowledge minute sheet; no further submissions to make
1994-12-22 Hearing of miscellaneous motion, 1994-12-22, taxation of bill of costs of Samuel Shanks and motion to strike para. 15 of Cheryl Talbot's affidavit
Decision reserved
1994-12-22 Submission of miscellaneous motion, 1994-12-22, taxation of bill of costs of Samuel Shanks and motion to strike para. 15 of Cheryl Talbot's affidavit
Decision reserved
1994-12-21 Motion to strike out, paragraph 15 of the Affidavit of Cheryl L. Talbot Samuel H. Shanks
1994-12-16 Correspondence (sent by the Court) to, (by fax) from McCarthy; re: setting down the taxation on Dec. 22 at 10:00 and will bring a motion to strike certain portion sof Ms. Talbot's affidavit (original filed Dec. 20/94)
1994-12-01 Correspondence (sent by the Court) to, from McCarthy, Tetrault; re: will notify of mutually agreeable dates for the hearing of the taxation
1994-11-30 Correspondence (sent by the Court) to, from C. Talbot to John Carten dated Nov. 16/94
1994-11-30 Correspondence (sent by the Court) to, from John Carten to C. Talbot dated Nov. 15/94
1994-11-30 Affidavit, of John Frederick Carten replying to Cheryl Talbot affidavit Samuel H. Shanks
1994-11-07 Affidavit, of Cheryl L. Talbot in response to the affidavit filed by Mr. Carten to support his Bill of Costs John Earl Miller
1994-10-03 Correspondence (sent by the Court) to, from McCarthy, Tetrault; re: Bills of costs and Affidavit of John Frederick Carten
1994-10-03 Affidavit, of John Frederick Carten in support of the Bills of costs, with service Samuel H. Shanks
1994-07-11 Correspondence (sent by the Court) to, sent to Court of Appeal of British Columbia enclosing their records
1994-06-03 Proof of service, of Notice of taxation and Bill of costs
1994-06-03 Notice of appointment to tax the bill of costs
1994-06-03 Late taxation on the bill of costs
1994-04-18 Copy of formal judgment being prepared, Osler, Hoskin & Harcourt (Ottawa, ON)
1994-04-18 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1994-04-18 Copy of formal judgment being prepared, McCarthy, Tetrault (Ottawa, ON)
1994-04-14 Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver)
1994-03-17 Judgment on the appeal rendered, LaF L'HD So Co McL Ia Ma, The appeal is dismissed. The plaintiffs in all three cases should have their costs throughout. La Forest, L'Heureux-Dubé and McLachlin JJ. are dissenting in part. (heard with 22863 and 22867)
Dismissed, no order as to costs
1994-03-17 Notice of deposit of judgment sent to all parties, McCarthy, Tétrault (Ottawa, ON)
1994-03-17 Notice of deposit of judgment sent to all parties, Osler, Hoskin & Harcourt (Ottawa, ON)
1994-03-17 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1993-11-12 General proceeding, transcripts received and distributed to the justices (144 pages)
1993-11-04 Hearing of the appeal, 1993-11-04, heard together with 22860-22863, LaF L'HD So Co McL Ia Ma
Decision reserved
1993-11-02 Order on motion for additional time to present oral argument
1993-11-02 Order on miscellaneous motion
1993-11-02 Order on motion to file a reply factum on appeal
1993-11-01 Supplemental document, 10 copies (SUPPLEMENTARY BOOK OF AUTHORITIES OF APPELLANTS MCNEE IN REPLY), with service Thomas Harry McNee
1993-11-01 Reply factum on appeal, 24 COPIES (SEE ORDER DATED OCT. 27, 1993), with service Thomas Harry McNee
1993-10-29 Decision on motion for additional time to present oral argument, (4 hours and 15 minutes), with service, Reg
Granted, no order as to costs
1993-10-29 Hearing of motion for additional time to present oral argument, 1993-10-29, (4 hours and 15 minutes), with service, Reg
1993-10-29 Submission of motion for additional time to present oral argument, 1993-10-29, (4 hours and 15 minutes), with service, Reg
1993-10-27 Proof of service, of the Affidavit of John Carten upon the interveners
1993-10-27 Decision on the motion to file a reply factum on appeal, Ia
Granted, no order as to costs
1993-10-27 Hearing of motion to file a reply factum on appeal, 1993-10-27, Ia
1993-10-27 Submission of motion to file a reply factum on appeal, 1993-10-27, Ia
1993-10-27 Decision on miscellaneous motion, to file supplemental material, with service, Ia
Dismissed, no order as to costs
1993-10-27 Hearing of miscellaneous motion, 1993-10-27, to file supplemental material, with service, Ia
1993-10-27 Submission of miscellaneous motion, 1993-10-27, to file supplemental material, with service, Ia
1993-10-26 Correspondence (sent by the Court) to, of Colin Baxter (McCarthy Tétrault) to consent to the motion to file a reply factum and to the motion for additional time to present oral argument
1993-10-26 Correspondence (sent by the Court) to, (by fax) from Osler; re: Confederation Life Insurance Company, The Great-West Assurance Company and London Life Insurance company will consent to the motion for an Order extending the time for hearing the appeals to 4 hours 15 min.
1993-10-25 Affidavit, (of Guy P. Brown), with service John Earl Miller
1993-10-25 Motion for additional time to present oral argument, (to be extended to 4 hours and 15 minutes), with service John Earl Miller
1993-10-25 Affidavit, of John Carten in response to the affidavit of Guy P. Brown and in response to the motion to file a reply factum (2 copies), with service Samuel H. Shanks
1993-10-22 Book of authorities, 10 copies (JOINT WITH 22863-22867) John Earl Miller
1993-10-19 Affidavit, of Guy P. Brown in opposition to the motion of Samuel H. Shanks for an order permitting the filing of supplemental material Thomas Harry McNee
1993-10-19 Affidavit, 2 copies; Guy P. Brown Thomas Harry McNee
1993-10-19 Motion to file a reply factum on appeal, 2 copies Thomas Harry McNee
1993-10-05 Affidavit, for an Order permitting the filing of supplemental material; Michael S. Polowin, Jennifer Pass, John Carten, with service Samuel H. Shanks
1993-10-05 Notice of miscellaneous motion, for an Order permitting the filing of supplemental material, with service Samuel H. Shanks
1993-09-24 Appeal hearing scheduled, 1993-11-04
Decision reserved
1993-09-21 Notice of hearing, (1 copy), with service John Earl Miller
1993-08-27 Respondent's factum, 25 copies, with service Samuel H. Shanks
1993-08-09 Decision on motion to extend time, to serve and file its factum to September 1/93 on the condition that the appeal is not heard until November 1993., DeRg
Granted, no order as to costs
1993-08-09 Hearing of motion to extend time, 1993-08-09, to serve and file its factum to September 1/93 on the condition that the appeal is not heard until November 1993., DeRg
1993-08-09 Submission of motion to extend time, 1993-08-09, to serve and file its factum to September 1/93 on the condition that the appeal is not heard until November 1993., DeRg
1993-08-09 Order on motion to extend time, to serve and file its factum to September 1/93
1993-07-22 Response to motion to extend time, to September 1; on CONDITION that this appeal is not heard until Nov./93 John Earl Miller
1993-06-22 Correspondence (sent by the Court) to, from Colin S. baxter Re: asking a hearing for the motion for extension of time having not been able to secure everybody's consent
1993-06-22 Correspondence (sent by the Court) to, from Gowling, agent for the appellants (CONSENTING ONLY TO AUGUST 1ST, 1993) - FAX COPY
1993-06-22 Response to motion to extend time, from Colin Baxter, agent for the respondent (M. Cooper) - 1 copy Mariea Cooper
1993-06-22 Affidavit, of Colin S. Baxter (1 copy) Samuel H. Shanks
1993-06-22 Motion to extend time, to file the respondent's factum (S. R. Shanks) to September 1st, 1993 Samuel H. Shanks
1993-06-08 Intervener's factum, 24 copies (joint with 22863-22867), with service Confederation Life Insurance Company
1993-06-02 Appeal court record, (accordeon) (Joint with 22863)
1993-05-28 Respondent's factum, 24 copies (see order dated August 9, 1993), with service Mariea Cooper
1993-05-25 Appeal perfected for hearing, Session beginning on 1993-10-04
1993-04-27 Correspondence (sent by the Court) to, sent to Harper, Grey, Easton (Vancouver, BC) enclosing Rule 32
1993-04-27 Correspondence (sent by the Court) to, sent to Ramsay, Thompson, Lampman (Nanaimo, BC) enclosing Rule 32
1993-04-27 Correspondence (sent by the Court) to, sent to Ladner, Downs (Vancouver, BC) enclosing Rule 32
1993-04-26 Correspondence (sent by the Court) to, sent to John F. Carten (Comox, BC) enclosing Rule 32
1993-03-31 Proof of service, 1 copy of factum
1993-03-29 Appellant's factum, 23 copies John Earl Miller
1993-02-09 Order on motion to extend time, to serve and file the case on appeal., with service
1993-02-09 Decision on motion to extend time, to serve and file the case on appeal to Feb/03/93, Reg
Granted, no order as to costs
1993-02-09 Hearing of motion to extend time, 1993-02-09, to serve and file the case on appeal to Feb/03/93, Reg
1993-02-09 Submission of motion to extend time, 1993-02-09, to serve and file the case on appeal to Feb/03/93, Reg
1993-02-08 Order on motion for leave to intervene, With service
1993-02-08 Order on motion for leave to intervene, With service
1993-02-08 Order on motion for leave to intervene, With service
1993-02-04 Response to motion to extend time, from John F. Carten, counsel of the respondent Samuel H. Shanks
1993-02-04 Response to motion to extend time, from Kenneth W. Thompson, counsel of the respondent Mariea Cooper
1993-02-04 Affidavit, 1 copy (JOINT WITH 22863-22867) John Earl Miller
1993-02-04 Motion to extend time, 1 copy (to file the case on appeal to Feb.3, 1993), with service John Earl Miller
1993-02-03 Certified casebook, vol. I to III John Earl Miller
1993-02-03 Case on appeal, 23 copies of vol. I to III (joint with 22863-22867 John Earl Miller
1993-01-22 Decision on the motion for leave to intervene, (joint oral argument is limited to 15 minutes), L'HD
Granted, no order as to costs
1993-01-22 Hearing of motion for leave to intervene, 1993-01-22, (joint oral argument is limited to 15 minutes), L'HD
1993-01-22 Submission of motion for leave to intervene, 1993-01-22, (joint oral argument is limited to 15 minutes), L'HD
1993-01-22 Decision on the motion for leave to intervene, (joint oral argument is limited to 15 minutes), L'HD
Granted, no order as to costs
1993-01-22 Hearing of motion for leave to intervene, 1993-01-22, (joint oral argument is limited to 15 minutes), L'HD
1993-01-22 Submission of motion for leave to intervene, 1993-01-22, (joint oral argument is limited to 15 minutes), L'HD
1993-01-22 Decision on the motion for leave to intervene, (joint oral argument is limited to 15 minutes), L'HD
Granted, no order as to costs
1993-01-22 Hearing of motion for leave to intervene, 1993-01-22, (joint oral argument is limited to 15 minutes), L'HD
1993-01-22 Submission of motion for leave to intervene, 1993-01-22, (joint oral argument is limited to 15 minutes), L'HD
1993-01-19 Correspondence (sent by the Court) to, from Ramsay, Thompson; re: takes no position to th e interventions of Confederation Life Insurance Company, The Great-West Life Assurance Company, London Life Insurance Company
1993-01-07 Correspondence (sent by the Court) to, (by fax) from Harper, Grey; re: takes no position on the motion for intervention by the Life Insurance Companies
1992-12-15 Affidavit, Deborah C. Anschell, with service London Life Insurance Company
1992-12-15 Affidavit, Deborah C. Anschell, with service Great-West Life Assurance Company
1992-12-15 Affidavit, Deborah C. Anschell, with service Confederation Life Insurance Company
1992-12-15 Motion for leave to intervene, With service London Life Insurance Company
1992-12-15 Motion for leave to intervene, With service Great-West Life Assurance Company
1992-12-15 Motion for leave to intervene, With service Confederation Life Insurance Company
1992-11-06 Notice of deposit of security, With service
1992-10-30 Notice of appeal, and Thomas Harry. (amended Nov\24\92) John Earl Miller
1992-10-30 $500 security deposit paid, direction #2245 John Earl Miller
1992-10-30 $500 security deposit paid, direction #2246 (2nd security deposit) Thomas Harry McNee
1992-10-14 Order granting leave to appeal, With service
1992-10-14 Motion to extend the time to serve and/or file the notice of appeal, With service John Earl Miller
1992-10-01 Judgment of the Court on the application for leave to appeal, LaF So G, The application for leave to appeal is granted.
Granted, no order as to costs
1992-10-01 Hearing of the application for leave to appeal, 1992-10-01, LaF So G
1992-10-01 All materials on application for leave submitted to the Judges, 1992-10-01, LaF So G
1992-10-01 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1992-10-01 Notice of deposit of judgment issued to all parties, McCarthy, Tétrault, (Ottawa,ON)
1992-05-05 All materials on application for leave submitted to the Judges, LaF So G
1992-04-01 Service, of Applicant's reply
1992-03-31 Applicant's reply to respondent's argument, 5 copies (motion for extension requested) John Earl Miller
1992-03-03 Respondent's response on the application for leave to appeal, 5 copies, with service Mariea Cooper
1992-02-14 $30.00 filing fee, receipt # 23985 John Earl Miller
1992-02-14 Application for leave to appeal, 5 copies, with service, Completed on: 1992-02-14 John Earl Miller

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
Miller, John Earl Applicant Active

v.

Main parties - Respondents
Name Role Status
Cooper, Mariea Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
McNee, Thomas Harry Applicant Active
McNee, Beverly Ann Applicant Active

v.

Sub parties (1) - Respondents
Name Role Status
Shanks, Samuel H. Respondent Active

Other parties

Other parties
Name Role Status
Confederation Life Insurance Company Intervener Active
Great-West Life Assurance Company Intervener Active
London Life Insurance Company Intervener Active

Counsel

Party: Miller, John Earl

Counsel
Name
Mark M. Skorah
Contact information
Skorah, Doyle, Khanna
1010 - 1040 Georgia St. W.
Vancouver, British Columbia
V6E 4N6
Telephone: (604) 602-8500
FAX: (604) 608-1660
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

Party: McNee, Thomas Harry

Counsel
Name
Mark M. Skorah
Contact information
Skorah, Doyle, Khanna
1010 - 1040 Georgia St. W.
Vancouver, British Columbia
V6E 4N6
Telephone: (604) 602-8500
FAX: (604) 608-1660
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

Party: McNee, Beverly Ann

Counsel
Name
Mark M. Skorah
Contact information
Skorah, Doyle, Khanna
1010 - 1040 Georgia St. W.
Vancouver, British Columbia
V6E 4N6
Telephone: (604) 602-8500
FAX: (604) 608-1660
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

Party: Cooper, Mariea

Counsel
Name
Kenneth W. Thompson
Contact information
Ramsay, Thompson, Lampman
5 - 1611 BOWEN RD
PO BOX 667
NANAIMO, British Columbia
V9R 5L9
Telephone: (604) 754-3321
FAX: (604) 754-7748
Agent
Name
Colin Baxter
Contact information
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386

Party: Shanks, Samuel H.

Counsel
Name
John F. Carten
Contact information
203 - 1797 COMOX AVE
COMOX, British Columbia
V9N 4A1
Telephone: (604) 339-5531
Agent
Name
Colin Baxter
Contact information
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386

Party: Confederation Life Insurance Company

Counsel
Name
Patrick G. Foy, Q.C.
Contact information
Borden Ladner Gervais LLP
1200 Waterfront Centre, 200 Burrard St.
P.O. Box 48600, Stn. Bentall Ctr
Vancouver, British Columbia
V7X 1T2
Telephone: (604) 640-4133
FAX: (604) 687-1415
Email: pfoy@blg.com
Agent
Name
Patricia J. Wilson
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

Party: Great-West Life Assurance Company

Counsel
Name
Patrick G. Foy, Q.C.
Contact information
Borden Ladner Gervais LLP
1200 Waterfront Centre, 200 Burrard St.
P.O. Box 48600, Stn. Bentall Ctr
Vancouver, British Columbia
V7X 1T2
Telephone: (604) 640-4133
FAX: (604) 687-1415
Email: pfoy@blg.com
Agent
Name
Patricia J. Wilson
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

Party: London Life Insurance Company

Counsel
Name
Patrick G. Foy, Q.C.
Contact information
Borden Ladner Gervais LLP
1200 Waterfront Centre, 200 Burrard St.
P.O. Box 48600, Stn. Bentall Ctr
Vancouver, British Columbia
V7X 1T2
Telephone: (604) 640-4133
FAX: (604) 687-1415
Email: pfoy@blg.com
Agent
Name
Patricia J. Wilson
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

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

July 5, 1990
Supreme Court of British Columbia

Not available

Action allowed

December 19, 1991
Court of Appeal for British Columbia (Vancouver)

CA012726

Appeal and cross-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

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Webcasts

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Date modified: 2025-05-13