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23004

Hongkong Bank of Canada v. Philip's Manufacturing Ltd., 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)
1992-10-05 Close file on Leave
1992-09-10 Copy of formal judgment on leave being prepared, Douglas, symes & Brissenden (Vancouver,BC)
1992-09-10 Copy of formal judgment on leave being prepared, Clark, Wilson (Vancouver,BC)
1992-09-10 Copy of formal judgment on leave being prepared, Freeman & Company (Vancouver,BC)
1992-09-10 Copy of formal judgment on leave being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1992-09-09 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, British Columbia (Vancouver)
1992-09-03 Notice of deposit of judgment issued to all parties, Douglas, Symes & Brissenden (Vancouver,BC)
1992-09-03 Notice of deposit of judgment issued to all parties, Clark, Wilson (Vancouver,BC)
1992-09-03 Notice of deposit of judgment issued to all parties, Freeman & Company (Vancouver,BC)
1992-09-03 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1992-09-03 Judgment of the Court on the application for leave to appeal, LaF So G, The application for leave to appeal is dismissed with costs.
Dismissed, with costs
1992-09-03 Hearing of the application for leave to appeal, 1992-09-03, LaF So G
1992-09-03 All materials on application for leave submitted to the Judges, 1992-09-03, LaF So G
1992-07-15 General proceeding, (To Note) Affadavit of David Phillips in support of the leave application sent up to Justices LaF So G.
1992-07-15 All materials on application for leave submitted to the Judges, LaF So G
1992-06-24 Correspondence received from, of the Registrar to Mr. E.W. Donohoe acknowledging receipt of his letter dated June 18, 1992 advising the Court that Northern Warehouse Equipment Ltd. will not file a response. The letter will be brought to the attention of the panel.
1992-06-22 Correspondence received from, from Clark, Wilons; re: will not make any written submissions; but support the application for leave to appeal Northern Warehouse Equipment Ltd.
1992-06-19 Proof of service, of the response
1992-06-19 Proof of service, of the response
1992-06-17 Applicant's reply to respondent's argument, 5 copies, with service Hongkong Bank of Canada
1992-06-15 Proof of service, of Respondent's factum
1992-06-11 Order on motion to extend time, to serve and file the respondent's response to June\09\1992, with service
1992-06-10 Affidavit, of John R. Manning in support of the leave application Campbell Saunders Ltd.
1992-06-10 Decision on motion to extend time, to serve and file the respondent's response to the application for leave to appeal to June\09\1992., with service, Reg
Granted, no order as to costs
1992-06-10 Hearing of motion to extend time, 1992-06-10, to serve and file the respondent's response to the application for leave to appeal to June\09\1992., with service, Reg
1992-06-10 Submission of motion to extend time, 1992-06-10, to serve and file the respondent's response to the application for leave to appeal to June\09\1992., with service, Reg
1992-06-09 Respondent's response on the application for leave to appeal, 5 copies Philip's Manufacturing Ltd.
1992-06-04 Response to motion to extend time, to serve and file the Phillip's Manufacturing Ltd.'s response to June 9/92 (letterform) Hongkong Bank of Canada
1992-06-04 Affidavit, to serve and file the response to June 9/92; David Lunny Philip's Manufacturing Ltd.
1992-06-04 Motion to extend time, to serve and file the response to June 9/92 Philip's Manufacturing Ltd.
1992-06-03 Other memorandum of argument on application for leave, 5 copies Coopers & Lybrand Limited
1992-05-27 Application for leave to appeal, as proof of service and formal order filed, Completed on: 1992-05-27
1992-05-27 General proceeding, formal order of C.A. Hongkong Bank of Canada
1992-05-27 Proof of service, of the application for leave to appeal
1992-05-20 Affidavit, of David Phillips in support of the application for leave to appeal
1992-05-19 Affidavit, of David Phillips in support of the leave application; 5 copies
1992-05-15 Book of authorities, 5 copies Hongkong Bank of Canada
1992-05-15 $30.00 filing fee, receipt # 25450 Hongkong Bank of Canada
1992-05-15 Application for leave to appeal, 5 copies (missing proof of service, missing orders of trial and appeal court), Incomplete Hongkong Bank of Canada
1992-05-15 Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa,ON) acknowledging receipt of application for leave. Regret to advise that material does not comply with Court's requirements as service and formal orders of Appeal and trial Court missing. Application will not

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
Hongkong Bank of Canada Applicant Active

v.

Main parties - Respondents
Name Role Status
Philip's Manufacturing Ltd. Respondent Active
Pacific Lead & Metal Inc. Respondent Active
Northern Warehouse Equipment Ltd. Respondent Active
Campbell Saunders Ltd. Respondent Active

Other parties

Other parties
Name Role Status
Coopers & Lybrand Limited Other Active

Counsel

Party: Hongkong Bank of Canada

Counsel
Name
Murray A. Clemens
Contact information
Campney & Murphy
2100 - 1111 Georgia St West
PO Box 48800 - Stn Bentall Centre
Vancouver, British Columbia
V7X 1K9
Telephone: (604) 688-8022
FAX: (604) 688-0829
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: Philip's Manufacturing Ltd.

Counsel
Name
David Lunny
Contact information
Devlin, Jensen
2550 - 555 Hastings St W.
Box 12077
Vancouver, British Columbia
V6B 4N5
Telephone: (604) 684-2550
FAX: (604) 684-0916
Email: dlunny@devlinjensen.com
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: Pacific Lead & Metal Inc.

Counsel
Name
Douglas B. Hyndman
Contact information
Freeman & Company
1030 GEORGIA ST W
VANCOUVER, British Columbia
V6E 3C4

Party: Northern Warehouse Equipment Ltd.

Counsel
Name
David W. Donohoe
Contact information
Clark, Wilson
800 - 885 GEORGIA ST W
VANCOUVER, British Columbia
V6C 3H1
Telephone: (604) 687-5700

Party: Campbell Saunders Ltd.

Counsel
Name
Gregory N. Havney
Contact information
Douglas, Symes & Brissenden
2100 - 505 BURRARD ST
VANCOUVER, British Columbia
V7X 1R4
Telephone: (604) 683-6911
FAX: (604) 669-1337

Party: Coopers & Lybrand Limited

Counsel
Name
William E.J. Skelly
Contact information
Douglas, Symes & Brissenden
2100 - 505 BURRARD ST
VANCOUVER, British Columbia
V7X 1R4
Telephone: (604) 683-6911
FAX: (604) 669-1337
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

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

September 3, 1991
Supreme Court of British Columbia

A913228

See file

March 18, 1992
Court of Appeal for British Columbia (Vancouver)

CA014859

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

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