Case information
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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.
| 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
| Name | Role | Status |
|---|---|---|
| Miller, John Earl | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Cooper, Mariea | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| McNee, Thomas Harry | Applicant | Active |
| McNee, Beverly Ann | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Shanks, Samuel H. | Respondent | Active |
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
1010 - 1040 Georgia St. W.
Vancouver, British Columbia
V6E 4N6
Telephone: (604) 602-8500
FAX: (604) 608-1660
Agent
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
1010 - 1040 Georgia St. W.
Vancouver, British Columbia
V6E 4N6
Telephone: (604) 602-8500
FAX: (604) 608-1660
Agent
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
1010 - 1040 Georgia St. W.
Vancouver, British Columbia
V6E 4N6
Telephone: (604) 602-8500
FAX: (604) 608-1660
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Cooper, Mariea
Counsel
5 - 1611 BOWEN RD
PO BOX 667
NANAIMO, British Columbia
V9R 5L9
Telephone: (604) 754-3321
FAX: (604) 754-7748
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386
Party: Shanks, Samuel H.
Counsel
COMOX, British Columbia
V9N 4A1
Telephone: (604) 339-5531
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386
Party: Confederation Life Insurance Company
Counsel
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
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
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
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
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
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Summary
Keywords
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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
Supreme Court of British Columbia
Not available
Action allowed
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
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Related links
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
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Related links
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.
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