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22980

Leroy Jensen, et al. v. Kim Tolofson

(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)
2004-04-20 Payment out cheque issued, ($624.64)
2004-04-02 Approved order for payment out, (sent to Finance April 5/04)
2004-04-02 Decision on miscellaneous motion, to reimburse the $500 security deposit - Document not microfilmed but is on file, Reg
Granted
2004-04-02 Submission of miscellaneous motion, Reg
2004-02-13 Notice of miscellaneous motion, reimbursement of $500 deposit - Document not microfilmed but is on file, Completed on: 2004-02-13 Roger Tolofson
1997-09-09 Appeal closed
1995-03-14 Record returned to the Registrar of the Court of Appeal
1995-01-20 Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver)
1995-01-20 Copy of formal judgment being prepared, Nelligan, Power (Ottawa, ON)
1995-01-20 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1994-12-15 Judgment on the appeal rendered, Tolofson v. Jensen; Lucas (Litigation Guardian of) v. Gagnon, [1994] 3 S.C.R. 1022, LaF So G Co McL Ia Ma, The appeal is allowed with costs throughout. The appellants' application for a declaration that the proper choice of law to be applied is the law of Saskatchewan and that the Saskatchewan limitation period is substantive is granted, and the action is referred to the Supreme Court of British Columbia Chambers for determination.
Allowed, costs in this Court and courts below
1994-12-15 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1994-12-15 Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa, ON)
1994-03-29 Correspondence (sent by the Court) to, from Noreen Collins; re: change of address
1994-03-01 General proceeding, transcripts received and distributed to the justices (92 pages)
1994-02-21 Hearing of the appeal, 1994-02-21, LaF So G Co McL Ia Ma
Decision reserved
1994-02-15 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1994-02-08 Correspondence (sent by the Court) to, from Simpson & Co. (Noreen Collins) re: duration of argument (fax copy) (ORIGINAL received on Feb. 14, 1994)
1994-02-07 Correspondence (sent by the Court) to, from B. F. Schreider re: duration of argument (fax copy) (ORIGINAL received on Feb. 14, 1994)
1994-02-07 Correspondence (sent by the Court) to, from Russell & DuMoulin re: duration of argument (fax copy)
1994-01-26 Book of authorities, 10 copies of vol. 1 to 3 (JOINT) Leroy Jensen
1994-01-14 Notice of hearing, With service Leroy Jensen
1994-01-07 Appeal hearing scheduled, 1994-02-21
Decision reserved
1993-11-15 Appeal court record, (1 envelope)
1993-11-08 Appeal court record, (accordeon)
1993-08-05 Order on motion to expedite the appeal
1993-08-04 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, for fixing the date for hearing of this appeal during the month of February/94
Granted, no order as to costs
1993-08-04 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1993-08-04, for fixing the date for hearing of this appeal during the month of February/94
1993-08-04 Hearing of motion to expedite the appeal, 1993-08-04, for fixing the date for hearing of this appeal during the month of February/94
1993-08-04 Submission of motion to expedite the appeal, 1993-08-04, for fixing the date for hearing of this appeal during the month of February/94
1993-07-27 Response to motion to expedite the appeal, for the hearing of this appeal during the month of February, 1994 Kim Tolofson
1993-07-27 Affidavit, (of Noreen Collins) Leroy Jensen
1993-07-27 Motion to expedite the appeal, for the hearing of this appeal during the month of February, 1994 Leroy Jensen
1993-05-31 Respondent's factum, 24 copies (new set of 24 factum with 40 pages - those received previously have TO BE DESTROYED - E.V.B.'advice) Kim Tolofson
1993-05-19 Appeal perfected for hearing, Session beginning on 1994-01-24
1993-05-19 Respondent's factum, 23 copies (motion requested to file a lenghty factum - 53 pages), with service Kim Tolofson
1993-05-13 Correspondence (sent by the Court) to, of Avon M. Mersey (Russell & Dumoulin) to advise the Court that there is no Constitutional issue in this case
1993-05-07 Proof of service, of the factum
1993-04-27 Correspondence (sent by the Court) to, sent to Simpson & Company (Vancouver, BC) enclosing Rule 32
1993-04-27 Correspondence (sent by the Court) to, sent to Russell & DuMoulin (Vancouver, BC) enclosing Rule 32
1993-04-27 Correspondence (sent by the Court) to, sent to McQuarrie, Hunter (Surrey, BC) enclosing Rule 32
1993-04-23 Correspondence (sent by the Court) to, (by fax) from McQuarrie, Hunter; re: adopts the factum of Roger Tolofson and rely upon it in this appeal
1993-04-23 Appellant's factum, 24 copies (see motion of 1993/03/19) Roger Tolofson
1993-03-19 Decision on motion to extend time, to serve and file the appellant's factum to April 23, 1993., Reg
Granted, no order as to costs
1993-03-19 Hearing of motion to extend time, 1993-03-19, to serve and file the appellant's factum to April 23, 1993., Reg
1993-03-19 Submission of motion to extend time, 1993-03-19, to serve and file the appellant's factum to April 23, 1993., Reg
1993-03-17 Response to motion to extend time, to file the appellants factum to April 23/93 (letterform) Kim Tolofson
1993-03-17 Affidavit, to file the factum to april 23/93; Elizabeth B. Lyall Roger Tolofson
1993-03-17 Motion to extend time, to file the factum to April 23/93 Roger Tolofson
1993-01-20 Proof of service, of case on appeal
1993-01-15 Proof of service, of Case on appeal
1993-01-05 Proof of service, of Case on Appeal
1992-12-21 Certified casebook Leroy Jensen
1992-12-21 Case on appeal, 23 copies Leroy Jensen
1992-11-17 Notice of deposit of security, direction #2240, with service
1992-10-26 Order granting leave to appeal, With service
1992-10-23 Notice of appeal, 1 copy Leroy Jensen
1992-10-23 $500 security deposit paid, direction #2240 Roger Tolofson
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, Nelligan, Power (Ottawa,ON)
1992-10-01 Notice of deposit of judgment issued to all parties, Simpson & Company (Vancouver,BC)
1992-07-06 All materials on application for leave submitted to the Judges, LaF So G
1992-05-29 Proof of service, of application for leave to appeal
1992-05-08 Application for leave to appeal, as proof of service filed, Completed on: 1992-05-08
1992-05-08 Proof of service, (letterform) of application for leave to appeal
1992-05-08 Proof of service, (letterform) of application for leave to appeal dated May 4, 1992
1992-05-04 $30.00 filing fee, receipt #25404 Leroy Jensen
1992-05-04 Application for leave to appeal, 5 copies (proof of service is missing), Incomplete Roger Tolofson
1992-05-04 Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa,ON) acknowledging receipt of application for leave. Regret to advise that material is incomplete as proof of service missing. Application will not be referred until material complies with Court's requirements.
1992-05-04 Notice of application for leave to appeal, 5 copies Leroy Jensen

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
Jensen, Leroy Applicant Active
Tolofson, Roger Applicant Active

v.

Main parties - Respondents
Name Role Status
Tolofson, Kim Respondent Active

Counsel

Party: Jensen, Leroy

Counsel
Names
Brian F. Schreiber
Avon M. Mersey
Contact information
McQuarrie Hunter
200 - 13889, 104TH AVE
SURREY, British Columbia
V3T 1W8
Telephone: (604) 581-0461
Agent
Name
J.J. Mark Edwards
Contact information
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Tolofson, Roger

Counsel
Name
Avon M. Mersey
Contact information
Fasken Martineau DuMoulin
2100 - 1075 West Georgia Street
Vancouver, British Columbia
V6E 3G2
Telephone: (604) 631-3131
FAX: (604) 631-3232
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Tolofson, Kim

Counsel
Name
Noreen Collins
Contact information
Simpson & Company
110 - 805 BROADWAY W
VANCOUVER, British Columbia
V5Z 1K1
Telephone: (604) 876-1234
FAX: (604) 876-9777
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.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

October 17, 1989
Supreme Court of British Columbia

B874317

Application dismissed

March 4, 1992
Court of Appeal for British Columbia (Vancouver)

CA011617

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

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: 2025-05-13