Case information
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22946
Montague Brown v. Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways
(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 | |
| 1994-04-08 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON) | |
| 1994-04-07 | Formal judgment sent to the registrar of the court of appeal and all parties, British columbia (Vancouver) | |
| 1994-04-07 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-04-07 | Copy of formal judgment being prepared, A.G. of Canada (Ottawa, ON) | |
| 1994-03-17 |
Judgment on the appeal rendered, LaF So G Co McL Ia Ma, The appeal is dismissed with costs if demanded. Dismissed, no order as to costs |
|
| 1994-03-17 | Notice of deposit of judgment sent to all parties, Burke-Robertson (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, A.G. of Canada (Ottawa, ON) | |
| 1993-11-15 | General proceeding, transcripts received and distributed to the judges (186 pages - joint with 22915) | |
| 1993-11-08 |
Hearing of the appeal, 1993-11-08, heard together with 22915, LaF So G Co McL Ia Ma Decision reserved |
|
| 1993-11-08 | Supplemental document, 9 copies of RESPONDENT'S SUPPLEMENTAL BOOK OF AUTHORITIES (GIVEN IN COURT BY THE RESPONDENT) | Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways |
| 1993-11-08 | General proceeding, 8 copies of REPORTS OF CASES (GIVEN IN COURT BY THE A.G. CANADA - JOINT WITH 22915) | Attorney General of Canada |
| 1993-11-08 | General proceeding, 8 copies of Brown - v - Queen (GIVEN IN COURT BY THE APPELLANT) | Montague Brown |
| 1993-11-04 | Reply factum on appeal, 24 copies (REPLY FACTUM OF THE APPELLANT TO THE SUPPLEMENTAL FACTUM OF THE RESPONDENT)(see order dated Oct. 27, 1993), with service | Montague Brown |
| 1993-11-04 | Book of authorities, 10 copies (AUTHORITIES OF THE REPLY FACTUM OF THE APPELLANT), with service | Montague Brown |
| 1993-11-03 | Order on motion to extend time, to file intervener's factum to Oct 8/93 | |
| 1993-11-03 | Order on miscellaneous motion, re: supplemental factum filed by respondent and a reply by the appellant | |
| 1993-11-03 |
Decision on motion to extend time, to file its factum to Oct. 8/93, with service, Reg Granted, no order as to costs |
|
| 1993-11-03 | Hearing of motion to extend time, 1993-11-03, to file its factum to Oct. 8/93, with service, Reg | |
| 1993-11-03 | Submission of motion to extend time, 1993-11-03, to file its factum to Oct. 8/93, with service, Reg | |
| 1993-11-02 | General proceeding, 10 copies of Occupiers Liability Act | Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways |
| 1993-11-02 | Correspondence (sent by the Court) to, from Burke-Robertson; re: Mr. William A. Pearce, Q.C. and Thomas H. MacLachlan will appear at the hearing | |
| 1993-11-02 | Correspondence (sent by the Court) to, from Burke-Robertson re: counsel appearing at the hearing of the appeal | |
| 1993-11-01 | Response to motion to extend time, to file the A.G.Canada's factum by the respondent (1 copy) | Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways |
| 1993-11-01 | Response to motion to extend time, to file the A.G.Canada's factum by the appellant (1 copy) | Montague Brown |
| 1993-11-01 | Affidavit, to file the A.G.Canada's factum (Donald J. Rennie) (1 copy), with service | Attorney General of Canada |
| 1993-11-01 | Motion to extend time, to file the A.G.of Canada's factum to Oct. 8, 93 (1 copy), with service | Attorney General of Canada |
| 1993-10-28 | Supplemental document, 24 copies of factum, with service | Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways |
| 1993-10-27 | Affidavit, of Robert D. Gibbens in response to the motion to file a supplemental factum | Montague Brown |
| 1993-10-27 |
Decision on miscellaneous motion, re: respondent's supplemental factum, a reply by the appellant may be served and filed as promptly as possible, Ia Granted, no order as to costs |
|
| 1993-10-27 | Hearing of miscellaneous motion, 1993-10-27, re: respondent's supplemental factum, a reply by the appellant may be served and filed as promptly as possible, Ia | |
| 1993-10-27 | Submission of miscellaneous motion, 1993-10-27, re: respondent's supplemental factum, a reply by the appellant may be served and filed as promptly as possible, Ia | |
| 1993-10-26 | Book of authorities, 10 copies (JOINT) | Montague Brown |
| 1993-10-22 | Correspondence (sent by the Court) to, of Mr. Burke-Robertson enclosing a copy of the Crown Proceeeding Act and the Occupiers Liability Act for the convenience of the judge | |
| 1993-10-19 | Response to the motion for leave to intervene, of the Attorney General of Ontario | Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways |
| 1993-10-19 |
Decision on motion to extend time, (joint with the motion to intervene and to abridge the time), with service, Ia Dismissed, no order as to costs |
|
| 1993-10-19 | Hearing of motion to extend time, 1993-10-19, (joint with the motion to intervene and to abridge the time), with service, Ia | |
| 1993-10-19 | Submission of motion to extend time, 1993-10-19, (joint with the motion to intervene and to abridge the time), with service, Ia | |
| 1993-10-19 |
Decision on the motion for leave to intervene, (joint with motion to extend time and to abridge the time), with service, Ia Dismissed, no order as to costs |
|
| 1993-10-19 | Hearing of motion for leave to intervene, 1993-10-19, (joint with motion to extend time and to abridge the time), with service, Ia | |
| 1993-10-19 | Submission of motion for leave to intervene, 1993-10-19, (joint with motion to extend time and to abridge the time), with service, Ia | |
| 1993-10-19 | Affidavit, permitting the respondent to file a supplemental factum; W. Charles Kent | Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways |
| 1993-10-19 | Affidavit, permitting the respondent to file a supplemental factum; William A. Pearce, Q.C. | Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways |
| 1993-10-19 | Notice of miscellaneous motion, permitting the respondent to file a supplemental factum, with service | Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways |
| 1993-10-15 | Affidavit, of Thomas H. Wickett to abridge the time to hear the motions to intervene and to extend the time (same affidavit of the motions to intervene and to extend the time), with service | Attorney General for Ontario |
| 1993-10-15 | Affidavit, of Thomas H. Wickett to file the A.G. Ontario's factum (same affidavit of motions to intervene and to abridge the time), with service | Attorney General for Ontario |
| 1993-10-15 | Affidavit, of Thomas H. Wickett (same affidavit of the motion to extend and abridge the time), with service | Attorney General for Ontario |
| 1993-10-15 | Notice of miscellaneous motion, to abridge the time to hear the motions to intervene and to extend the time (joint with motions to intervene and to extend the time), with service | Attorney General for Ontario |
| 1993-10-15 | Motion to extend time, to file the A.G. Ontario's factum (joint with motions to intervene and to abridge the time), with service | Attorney General for Ontario |
| 1993-10-15 | Motion for leave to intervene, (joint with motion to extend the time and to abridge the time), with service | Attorney General for Ontario |
| 1993-10-08 | Intervener's factum, 26 copies (extension of time ?) (joint with 22915), with service | Attorney General of Canada |
| 1993-09-23 |
Appeal hearing scheduled, 1993-11-08 Decision reserved |
|
| 1993-09-21 | Notice of hearing, (1 copy), with service | Montague Brown |
| 1993-09-07 |
Decision on motion to extend time, to serve and file its factum to Sept. 30/93, with service, Reg Granted, no order as to costs |
|
| 1993-09-07 | Hearing of motion to extend time, 1993-09-07, to serve and file its factum to Sept. 30/93, with service, Reg | |
| 1993-09-07 | Submission of motion to extend time, 1993-09-07, to serve and file its factum to Sept. 30/93, with service, Reg | |
| 1993-09-02 | Response to motion to extend time, to Sept. 30, 1993 to file the intervener's A.G. Canada factum | Montague Brown |
| 1993-08-31 | Response to motion to extend time, to file the intervener's A.G. Canada factum to Sept. 30, 1993 | Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways |
| 1993-08-26 | Affidavit, to September 30, 1993 to file the intervener's factum (of Susan D. Clarke), with service | Attorney General of Canada |
| 1993-08-26 | Motion to extend time, to September 30, 1993 to file the intervener's factum, with service | Attorney General of Canada |
| 1993-08-23 |
Decision on the motion for leave to intervene, oral argument is limited to 15 minutes, McL Granted, no order as to costs |
|
| 1993-08-23 | Hearing of motion for leave to intervene, 1993-08-23, oral argument is limited to 15 minutes, McL | |
| 1993-08-23 | Submission of motion for leave to intervene, 1993-08-23, oral argument is limited to 15 minutes, McL | |
| 1993-08-23 |
Decision on motion to extend time, for leave to intervene, oral argument is limited to 15 minutes, McL Granted, no order as to costs |
|
| 1993-08-23 | Hearing of motion to extend time, 1993-08-23, for leave to intervene, oral argument is limited to 15 minutes, McL | |
| 1993-08-23 | Submission of motion to extend time, 1993-08-23, for leave to intervene, oral argument is limited to 15 minutes, McL | |
| 1993-08-18 | Response to the motion for leave to intervene, of the Attorney General of Canada on the condition that the intervener is to pay additional disbursements incurred by the appellant as a result of the intervention in accordance with Rule 18(6) | Montague Brown |
| 1993-08-06 | Correspondence (sent by the Court) to, of Donald J. Rennie to Henry S. Brown, dated July 28, 1993, to advise that it is not the practice to pay costs as a price of obtaining a consent to intervene | |
| 1993-08-06 | Correspondence (sent by the Court) to, of Henry S. Brown (Gowling, Strathy & Henderson) to consent to the motion for leave to intervene of the A.G. of Canada provided that the Crown agrees to pay the disbursements and the fees | |
| 1993-08-03 | Correspondence (sent by the Court) to, of Donald J. Rennie to inquire about the status of the motion for leave to intervene | |
| 1993-07-07 | Correspondence (sent by the Court) to, from Burke-Robertson; re: does not intend to oppose A.G. Canada's intervention | |
| 1993-06-08 | Affidavit, 2 copies; Donald J. Rennie, with service | Attorney General of Canada |
| 1993-06-08 | Motion for leave to intervene, 2 copies, with service | Attorney General of Canada |
| 1993-06-08 | Affidavit, to seek leave to intervene; 2 copies; Donald J. Rennie, with service | Attorney General of Canada |
| 1993-06-08 | Motion to extend time, to seek leave to intervene; 2 copies, with service | Attorney General of Canada |
| 1993-05-03 |
Decision on the motion to file a reply factum on appeal, So Granted, no order as to costs |
|
| 1993-05-03 | Hearing of motion to file a reply factum on appeal, 1993-05-03, So | |
| 1993-05-03 | Submission of motion to file a reply factum on appeal, 1993-05-03, So | |
| 1993-04-30 | Reply factum on appeal, 24 copies, with service | Montague Brown |
| 1993-04-28 | Response to motion to file a reply factum on appeal | Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways |
| 1993-04-28 | Affidavit, John N. Laxton, Q.C. | Montague Brown |
| 1993-04-28 | Motion to file a reply factum on appeal | Montague Brown |
| 1993-04-22 | Order on motion to extend time, to serve and file the respondent's factum to April 7, 1993., with service | |
| 1993-04-13 |
Decision on motion to extend time, to serve and file the respondent's factum to April 7, 1993., Reg Granted, no order as to costs |
|
| 1993-04-13 | Hearing of motion to extend time, 1993-04-13, to serve and file the respondent's factum to April 7, 1993., Reg | |
| 1993-04-13 | Submission of motion to extend time, 1993-04-13, to serve and file the respondent's factum to April 7, 1993., Reg | |
| 1993-04-07 | Respondent's factum, 24 copies, with service | Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways |
| 1993-04-07 | Response to motion to extend time, to serve and file the respondent's factum to April 7/93 | Montague Brown |
| 1993-04-07 | Affidavit, to serve and file the factum to April 7/93; Thomas H. MacLachlan | Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways |
| 1993-04-07 | Motion to extend time, to serve and file the factum to April 7/93, with service | Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways |
| 1993-03-25 | Correspondence (sent by the Court) to, sent to Attorney General of British Columbia (Victoria, BC) re: appeal is ready for scheduling and Rule 32 sent | |
| 1993-03-25 | Correspondence (sent by the Court) to, sent to Laxton & Company (Vancouver, BC) re: appeal is ready for scheduling, Rule 32 sent | |
| 1993-03-12 | Appeal perfected for hearing, Session beginning on 1993-10-04 | |
| 1993-01-20 | Proof of service, 1 copy of appellant's factum (service admitted on Jan. 15, 1993) | |
| 1993-01-15 | Appellant's factum, 24 copies | Montague Brown |
| 1993-01-14 | Appeal court record, (accordeon) | |
| 1992-12-04 | Certified casebook, vols. 1 and 2, with service | Montague Brown |
| 1992-11-18 | Case on appeal, (23 copies - vol. 1 and 2) | Montague Brown |
| 1992-10-23 | Order granting leave to appeal, With service | |
| 1992-10-20 | Notice of deposit of security, 1 copy, with service | |
| 1992-10-16 | Notice of appeal, With service | Montague Brown |
| 1992-10-16 | $500 security deposit paid, direction #2237 | Montague Brown |
| 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, Burke-Robertson (Ottawa,ON) | |
| 1992-10-01 | Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa,ON) | |
| 1992-10-01 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1992-05-25 | General proceeding, to note correspondence from Laxton & Co. distributed to judges with leave material for adjudication. | |
| 1992-05-25 | All materials on application for leave submitted to the Judges, LaF So G | |
| 1992-05-12 | Proof of service, 1 copy of reply, with service | |
| 1992-05-07 | Applicant's reply to respondent's argument, 5 copies | Montague Brown |
| 1992-04-30 | Respondent's response on the application for leave to appeal, 6 copies | Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways |
| 1992-04-13 | General proceeding, to note Trial Court Order | Montague Brown |
| 1992-04-13 | Affidavit, of service of application for leave to appeal | Montague Brown |
| 1992-04-13 | Application for leave to appeal, as Trial Court order and Service filed, Completed on: 1992-04-13 | |
| 1992-04-13 | Correspondence received from, (by fax) from Laxton & Company; re: same issues as in Swinamer v. The Queen (22915); asking that these matters be dealt together | Montague Brown |
| 1992-04-09 | $30.00 filing fee, receipt #25280 | Montague Brown |
| 1992-04-09 | Application for leave to appeal, 5 copies (missing proof of service and Order of Trial Court), Incomplete | Montague Brown |
| 1992-04-09 | Correspondence received from, sent to Laxton & Company (Van,BC) acknowledging receipt of Application for leave. Regret to advise that material is incomplete as formal order of trial court, and service missing. Application will not be referred until mate |
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 |
|---|---|---|
| Brown, Montague | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General for Ontario | Intervener | Active |
Counsel
Party: Brown, Montague
Counsel
1285 PENDER ST W
10TH FL
VANCOUVER, British Columbia
V6E 4B1
Telephone: (604) 682-3871
FAX: (604) 682-3704
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Her Majesty the Queen in Right of British Columbia as rep. by Min. of Trans. & Highways
Counsel
William A. Pearce
#1301 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-3094
FAX: (604) 660-2636
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Attorney General of Canada
Counsel
Department of Justice
239 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4871
Agent
East Memorial Bldg, Service Centre
284 Wellington St 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
Party: Attorney General for Ontario
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
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
082/86
Negligence action dismissed
Court of Appeal for British Columbia (Vancouver)
x
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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