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.
22867
Bradwell Henry Cunningham v. Cherylee Lyn Wheeler, 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 | |
| 1994-07-11 | Correspondence (sent by the Court) to, sent to Court of Appeal of BC enclosing their records | |
| 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 allowed. 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 22863) Allowed, 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 | |
| 1993-10-29 |
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, (by fax) from Osler; re: consents to the motion for 4 hours and 15 minutes | |
| 1993-10-25 | Affidavit, (of Guy P. Brown), with service | Cherylee Lyn Wheeler |
| 1993-10-25 | Motion for additional time to present oral argument, (4 hours and 15 minutes), with service | Cherylee Lyn Wheeler |
| 1993-10-22 | Book of authorities, 10 copies (JOINT WITH 22860-22863) | Bradwell Henry Cunningham |
| 1993-09-24 |
Appeal hearing scheduled, 1993-11-04 Decision reserved |
|
| 1993-06-08 | Intervener's factum, 24 copies (joint with 22860-22863), with service | Confederation Life Insurance Company |
| 1993-05-26 | Respondent's factum, 24 copies, with service | Cherylee Lyn Wheeler |
| 1993-05-21 | Appeal perfected for hearing, Session beginning on 1993-10-04 | |
| 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 Sugden, McFee & Roos (Vancouver, BC) enclosing Rule 32 | |
| 1993-04-19 | Appeal court record, 1 envelope | |
| 1993-03-26 | Appellant's factum, 31 copies., with service | Bradwell Henry Cunningham |
| 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 Robin N. McFee, counsel of the appellant | Bradwell Henry Cunningham |
| 1993-02-04 | Affidavit, 1 copy (JOINT WITH 22860-22863) | Bradwell Henry Cunningham |
| 1993-02-04 | Motion to extend time, 1 copy (to file the case on appeal to Feb 3,1993), with service | Bradwell Henry Cunningham |
| 1993-02-03 | Certified casebook, vol. I to III | Bradwell Henry Cunningham |
| 1993-02-03 | Case on appeal, 23 copies of vol. I to III (joint with 22860-22863 | Bradwell Henry Cunningham |
| 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 | |
| 1993-01-12 | Correspondence (sent by the Court) to, from Sugden; re: takes no position with the intervention of Confederation Life Insurance Company, The Great West Life Assurance Company and London Life Insurance Company | |
| 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 |
| 1992-11-05 | Notice of deposit of security, With service | |
| 1992-10-30 | $500 security deposit paid, direction #2243 | Bradwell Henry Cunningham |
| 1992-10-30 | Notice of appeal, (2 copies) | Bradwell Henry Cunningham |
| 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, McCarthy, Tétrault (Ottawa,ON) | |
| 1992-10-01 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1992-06-15 | All materials on application for leave submitted to the Judges, LaF So G | |
| 1992-06-04 | Application for leave to appeal, as C/A formal Order filed, Completed on: 1992-06-04 | |
| 1992-06-04 | General proceeding, to note C/A formal Order | Bradwell Henry Cunningham |
| 1992-03-04 | Service, of the application for leave to appeal (letterform ) | |
| 1992-02-25 | $30.00 filing fee, #25036 | Bradwell Henry Cunningham |
| 1992-02-20 | Correspondence received from, sent to Sugen, McFee & Roos (Vancouver,BC) acknowledging receipt of application for leave. Regret to advise that material does not comply with Court's requirements as filing fee, service, and formal order of Court of Appeal missing. Application will not b | |
| 1992-02-17 | Application for leave to appeal, 5 copies (Missing proof of service, filing fee & C/A formal order), Incomplete | Bradwell Henry Cunningham |
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 |
|---|---|---|
| Cunningham, Bradwell Henry | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Wheeler, Cherylee Lyn | Respondent | Active |
| Wheeler, Edward Kenneth | 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: Cunningham, Bradwell Henry
Counsel
Richard Sugden
200 - 375 WATER ST
VANCOUVER, British Columbia
V6Z 3B6
Telephone: (604) 687-7700
FAX: (604) 687-5596
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386
Party: Wheeler, Cherylee Lyn
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: Wheeler, Edward Kenneth
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: 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.
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Lower court rulings
Supreme Court of British Columbia
B890418
Action allowed (see file)
Court of Appeal for British Columbia (Vancouver)
CA012726
Appeal allowed
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
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
Not available
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.
Downloadable PDFs
Not available