Skip to main content

Case information

Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.


22861

Merger Restaurants, carrying on business under the firm name & style of Shakey's Restaurant v. Lakeview Development of Canada Ltd., et al.

(Manitoba) (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)
1993-07-12 Close file on Leave
1992-07-13 Copy of formal judgment on leave being prepared, Buchwald, Asper, Henteleff (Winnipeg,MB)
1992-07-13 Copy of formal judgment on leave being prepared, McJannet, Rich (Winnipeg,MB)
1992-07-13 Copy of formal judgment on leave being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1992-07-13 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Manitoba (Winnipeg)
1992-06-25 Judgment of the Court on the application for leave to appeal, CJ McL Ia, The application for leave to appeal is dismissed.
Dismissed, no order as to costs
1992-06-25 Hearing of the application for leave to appeal, 1992-06-25, CJ McL Ia
1992-06-25 All materials on application for leave submitted to the Judges, 1992-06-25, CJ McL Ia
1992-06-25 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1992-06-25 Notice of deposit of judgment issued to all parties, McJannet, Rich (Winnipeg,MB)
1992-06-25 Notice of deposit of judgment issued to all parties, Buchwald, Asper, Henteleff (Winnipeg,MB)
1992-05-05 All materials on application for leave submitted to the Judges, CJ McL I
1992-05-01 Decision on motion to extend time, to serve and file the respondent's response to Apr/16/1992, nunc pro tunc, Ia
Granted, no order as to costs
1992-05-01 Hearing of motion to extend time, 1992-05-01, to serve and file the respondent's response to Apr/16/1992, nunc pro tunc, Ia
1992-05-01 Submission of motion to extend time, 1992-05-01, to serve and file the respondent's response to Apr/16/1992, nunc pro tunc, Ia
1992-04-30 General proceeding, the applicant does not consent nor oppose the respondent's extension of time to file its response to April 16/92 Merger Restaurants, carrying on business under the firm name & style of Shakey's Restaurant
1992-04-30 Affidavit, to file the response to April 16/92; Peter Sim, with service Lakeview Development of Canada Ltd.
1992-04-30 Motion to extend time, to file a response to April 16/92, with service Lakeview Development of Canada Ltd.
1992-04-16 Respondent's response on the application for leave to appeal, 5 copies (extension of time requested), with service Lakeview Development of Canada Ltd.
1992-02-12 $30.00 filing fee, receipt # 23958 Merger Restaurants, carrying on business under the firm name & style of Shakey's Restaurant
1992-02-12 Application for leave to appeal, 5 copies (please refer to file # 22127), with service, Completed on: 1992-02-12 Merger Restaurants, carrying on business under the firm name & style of Shakey's Restaurant

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
Merger Restaurants, carrying on business under the firm name & style of Shakey's Restaurant Applicant Active

v.

Main parties - Respondents
Name Role Status
Lakeview Development of Canada Ltd. Respondent Active
75888 Manitoba Ltd. Respondent Active
D.M.E. Foods Ltd., carrying on business under the firm name and style of Bonanza Restaurant Respondent Active

Counsel

Party: Merger Restaurants, carrying on business under the firm name & style of Shakey's Restaurant

Counsel
Name
David G. Hill
Contact information
Hill & Abra
2670 - 360 MAIN ST
WINNIPEG, Manitoba
R3C 3Z3
Telephone: (204) 943-6740
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Lakeview Development of Canada Ltd.

Counsel
Name
Allan H. Adam
Contact information
McJannet Rich
1420 NEWPORT CENTRE
330 PORTAGE AVE
WINNIPEG, Manitoba
R3C 0C4
Telephone: (204) 985-8100

Party: 75888 Manitoba Ltd.

Counsel
Name
Allan H. Adam
Contact information
McJannet Rich
1420 NEWPORT CENTRE
330 PORTAGE AVE
WINNIPEG, Manitoba
R3C 0C4
Telephone: (204) 985-8100

Party: D.M.E. Foods Ltd., carrying on business under the firm name and style of Bonanza Restaurant

Counsel
Name
Harold Buchwald
Contact information
Buchwald Asper Gallagher Henteleff
2500 - 360 MAIN ST
WINNIPEG, Manitoba
R3C 4H6
Telephone: (204) 956-0560
FAX: (204) 957-0227

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

April 24, 1991
Court of Queen’s Bench of Manitoba

CI 88-01-28916

Action allowed (see file)

December 19, 1991
Court of Appeal of Manitoba

238/91

Appeal allowed: General damage award set aside

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

Not available

Webcasts

Not available.

Date modified: 2025-02-27