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22863

Samuel H. Shanks v. Thomas Harry McNee, 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 $4,763.24
1995-01-06 Decision on miscellaneous motion, (see file for reasons) - Argument on the motion to strike para. 15 of the Affidavit of Cheryl Talbot 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 the Affidavit of Cheryl Talbot 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 the Affidavit of Cheryl Talbot 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 and motion to strike para. 15 of Cheryl L. Talbot
Decision reserved
1994-12-22 Submission of miscellaneous motion, 1994-12-22, taxation of Bill of costs and motion to strike para. 15 of Cheryl L. Talbot
Decision reserved
1994-12-21 Motion to strike out, paragraph 15 of the Affidavit of Cheryl L. Talbot 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 Thomas Harry McNee
1994-10-03 Correspondence (sent by the Court) to, from McCarthy, Tetreault; 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
1994-07-19 Approved order for payment out, to paid out to McCarthy, Tétrault
1994-07-19 Payment out cheque issued, #2201-01069702
1994-07-11 Correspondence (sent by the Court) to, sent to Court of Appeal of BC 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, 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 by the appellant Shanks with respect to the deductibility of the short-term benefits is allowed; the cross-appeal by the McNees with respect to the deductibility of the long-term benefits and the taking into account of income tax 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 22860 and 22867)
Allowed, no order as to costs
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)
1994-03-17 Notice of deposit of judgment sent to all parties, McCarthy, Tétrault (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
1993-10-29 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
1993-10-26 Correspondence (sent by the Court) to, from Osler; re: consents to motion for 4 hours and 15 minutes
1993-10-26 Correspondence (sent by the Court) to, of Colin Baxter (McCarthy Tétrault) to consent to the motion for additional time
1993-10-25 Affidavit, (of Guy P. Brown), with service Thomas Harry McNee
1993-10-25 Motion for additional time to present oral argument, (4 hours and 15 minutes), with service Thomas Harry McNee
1993-10-22 Book of authorities, 10 copies (JOINT WITH 22860-22867) Samuel H. Shanks
1993-09-24 Appeal hearing scheduled, 1993-11-04
Decision reserved
1993-06-18 Appeal perfected for hearing, Session beginning on 1993-10-04
1993-06-11 Respondent's factum, 24 copies, with service Thomas Harry McNee
1993-06-08 Intervener's factum, 24 copies (joint with 22860-22867), with service Confederation Life Insurance Company
1993-06-02 Appeal court record, (accordeon) (joint with 22860)
1993-04-28 Decision on motion to extend time, to serve and file the appellant's factum to April 23, 1993, DeRg
Granted, no order as to costs
1993-04-28 Hearing of motion to extend time, 1993-04-28, to serve and file the appellant's factum to April 23, 1993, DeRg
1993-04-28 Submission of motion to extend time, 1993-04-28, to serve and file the appellant's factum to April 23, 1993, DeRg
1993-04-27 Response to motion to extend time, to serve and file the appellant's factum to Apr. 23/93 Thomas Harry McNee
1993-04-27 Correspondence (sent by the Court) to, sent to Ladner, Downs (Vancouver, BC) enclosing Rule 32
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 John F. Carten (Comox, BC) enclosing Rule 32
1993-04-23 Appellant's factum, 24 copies, with service Samuel H. Shanks
1993-04-23 Affidavit, to serve and file the factum to April 23/93; Colin Stephen Baxter, with service Samuel H. Shanks
1993-04-23 Motion to extend time, to serve and file the factum to April 23/93, with service Samuel H. Shanks
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 appellant Samuel H. Shanks
1993-02-04 Affidavit, 1 copy (JOINT WITH 22860-22867) Samuel H. Shanks
1993-02-04 Motion to extend time, 1 copy (to file the case on appeal to Feb.3,1993), with service Samuel H. Shanks
1993-02-03 Certified casebook, vol. I to III Samuel H. Shanks
1993-02-03 Case on appeal, 23 copies of vol. I to III (joint with 22860-22867 Samuel H. Shanks
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
1993-01-21 Response to the motion for leave to intervene, by London Life et al Samuel H. Shanks
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
1992-12-04 General proceeding, Financial confirmation for security deposit # 2246, Cheque No. 2202-07873947 dated November 27, 1992 sent to gowling, Strathy & Henderson for the amount of $500.00
1992-11-26 Proof of service, of Notice of Appeal
1992-11-05 Notice of deposit of security, With service
1992-10-30 $500 security deposit paid, direction #2242 Samuel H. Shanks
1992-10-30 Notice of appeal, (2 copies) Samuel H. Shanks
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, Ladner, Downs (Vancouver,BC)
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)
1992-06-09 General proceeding, copy of the C/A formal order with an amended Table of Contents for the application book Samuel H. Shanks
1992-06-01 General proceeding, to note copy of the Order of the Court of Appeal of B.C. in case numbers CA012726, V01259, and CA013123, distributed to the Justices.
1992-05-29 General proceeding, to note C/A formal Order Samuel H. Shanks
1992-05-11 General proceeding, to note signed page 64: Order requested Samuel H. Shanks
1992-05-05 All materials on application for leave submitted to the Judges, LaF So G
1992-05-04 Application for leave to appeal, as we will be relying on Court of Appeal order in Miller case (22860), Completed on: 1992-05-04
1992-03-02 Respondent's response on the application for leave to appeal, 5 copies Thomas Harry McNee
1992-02-19 Correspondence received from, sent to John F. Carten (Comox,BC) acknowledging receipt fo application for leave. Regret to advise that material does not comply with the Court's requirements as formal order of Court of Appeal missing and order requested not signed. Application will not
1992-02-14 $30.00 filing fee, receipt # 23990 Samuel H. Shanks
1992-02-14 Application for leave to appeal, 5 copies (missing formal order of C/A & signature of counsel), with service, Incomplete Samuel H. Shanks

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
Shanks, Samuel H. Applicant Active

v.

Main parties - Respondents
Name Role Status
McNee, Thomas Harry Respondent Active
McNee, Beverley Ann Respondent Active
London Life Respondent Active
Confederation Life Respondent Active
Great West Life 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: 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: 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, Beverley 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: London Life

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: Confederation Life

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

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: 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

June 19, 1990
Supreme Court of British Columbia

880125

Action 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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Date modified: 2025-05-13