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.
23047
Air Products Canada Ltd., et al. v. Gunter Schmidt, in his personal capacity & on behalf of the beneficiaries of Stearns Catalytic Ltd., et al.
(Alberta) (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) |
|---|---|---|
| 1997-09-11 | Appeal closed | |
| 1994-09-12 | Approved order for payment out, sent to Finance, to be sent to Ottawa agents (Scott & Aylen) #2252 | |
| 1994-09-12 | Payment out cheque issued, #2201-01234293 | |
| 1994-07-21 | Formal judgment sent to the registrar of the court of appeal and all parties, Alberta (Calgary) | |
| 1994-07-21 | Copy of formal judgment being prepared, Blake, Cassels & Graydon (Ottawa, ON) | |
| 1994-07-21 | Copy of formal judgment being prepared, Scott & Aylen (Ottawa, ON) | |
| 1994-07-21 | Copy of formal judgment being prepared, Stikeman and Elliott (Ottawa, ON) | |
| 1994-07-15 | Correspondence (sent by the Court) to, sent to Court of Appeal for AB (Calgary) enclosing their record (2 boxes) | |
| 1994-06-13 | Notice of deposit of judgment sent to all parties, Stikeman and Elliott (Ottawa, ON) | |
| 1994-06-13 | Notice of deposit of judgment sent to all parties, Scott & Aylen (Ottawa, ON) | |
| 1994-06-13 | Notice of deposit of judgment sent to all parties, Blake, Cassels & Graydon (Ottawa, ON) | |
| 1994-06-09 |
Judgment on the appeal rendered, LaF L'HD So G Co McL Ia, The appeal by Air Products Canada Ltd. (File No. 23047) with respect to entitlement to any surplus traceable to the Catalytic fund is dismissed and its appeal with respect to its entitlement to take a contribution holiday is allowed, Sopinka and McLachlin JJ. dissenting in part. Dismissed, no order as to costs |
|
| 1993-12-14 | General proceeding, transcripts received and distributed to the judges (148 pages) (JOINT WITH 23057) | |
| 1993-12-01 |
Hearing of the appeal, 1993-12-01, LaF L'HD So G Co McL Ia Decision reserved |
|
| 1993-12-01 | General proceeding, to note 10 copies of Alberta Regulation 315/73 and 446/66 given in Court | Air Products Canada Ltd. |
| 1993-11-30 | Correspondence (sent by the Court) to, from Borden & Elliott re: duration of argument (fax copy) (joint with 23057) | |
| 1993-11-23 | Book of authorities, 10 copies of vols. 1 to 4, with service | Air Products Canada Ltd. |
| 1993-11-23 | Correspondence (sent by the Court) to, from Aleck H. Trawick re: duration of argument (fax copy) (joint with 23057) | |
| 1993-09-24 |
Appeal hearing scheduled, 1993-12-01 Decision reserved |
|
| 1993-08-03 | Proof of service, of factum | |
| 1993-08-03 | Appeal perfected for hearing, Session beginning on 1993-10-04 | |
| 1993-08-03 | Respondent's factum, 25 copies, with service | Former Beneficiaries of the Catalytic Enterprises Ltd. Pension Plan |
| 1993-07-07 | Close file on Leave | |
| 1993-06-25 | Appeal court record, 2 boxes | |
| 1993-06-25 | Certified casebook, vols. 1 to 4 | Air Products Canada Ltd. |
| 1993-06-11 | Appellant's factum, 24 copies, with service | Air Products Canada Ltd. |
| 1993-04-26 | Correspondence (sent by the Court) to, sent to Blake, Cassels & Graydon (Calgary, AB) re: Rule 32 enclosed | |
| 1993-04-26 | Correspondence (sent by the Court) to, sent to Borden & Elliot (Toronto, ON) re: Rule 32 enclosed | |
| 1993-04-13 | Proof of service, of the Case on Appeal vol. I to IV (joint witht 23057) | |
| 1993-04-08 | Order on motion to directions | |
| 1993-04-08 | Case on appeal, 23 copies of vol. I to IV (joint with 23057) | Air Products Canada Ltd. |
| 1993-03-12 |
Decision on motion for directions, that the time allowable for the hearing of the appeal and cross-appeal be a full day. (originaly requested at the hearing of the motion heard on February 19, 1993)., Reg Granted, no order as to costs |
|
| 1993-03-12 | Hearing of motion for directions, 1993-03-12, that the time allowable for the hearing of the appeal and cross-appeal be a full day. (originaly requested at the hearing of the motion heard on February 19, 1993)., Reg | |
| 1993-03-12 | Submission of motion for directions, 1993-03-12, that the time allowable for the hearing of the appeal and cross-appeal be a full day. (originaly requested at the hearing of the motion heard on February 19, 1993)., Reg | |
| 1993-03-04 | Correspondence (sent by the Court) to, sent to Borden & Elliot (Toronto, ON) re: arrangements have been made to accommodate counsel who wish to participate by way of telephone conference. | |
| 1993-03-03 | Correspondence (sent by the Court) to, (original) from Borden & Elliot; re: motion on March 12/93 at 10:00; one partiy intends to participate via telephone conference | |
| 1993-02-26 | Correspondence (sent by the Court) to, from Borden & Elliott; re: motion on March 12/93 at 10:00 with Registrar | |
| 1993-02-19 |
Decision on motion for directions, G, 1) this appeal shall be heard together with the appeal in the Supreme Court of Canada court file # 23057; 2) the appeal in court file # 23057 shall b e heard by way of cross-apeal. 3) the style of cause for the appeal and cross-appeal shall be set out in schedule "A" to this notice of motion; 4) a single case on appeal book shall be filed in respect of the appeal and cross-appeal; 5) the notices of appeal shel be deemed to have been served and file on January 8, 1993 and all time periods under the Supreme Court Act shall follow accordingly; Granted, no order as to costs |
|
| 1993-02-19 | Hearing of motion for directions, 1993-02-19, G | |
| 1993-02-19 | Submission of motion for directions, 1993-02-19, G | |
| 1993-02-18 | Response to motion for directions, (letterform - Blake, Cassels,Leslie O'Donoghue) | Air Products Canada Ltd. |
| 1993-02-18 | Response to motion for directions, (letterform) | Gunter Schmidt, in his personal capacity & on behalf of the beneficiaries of Stearns Catalytic Ltd. |
| 1993-02-18 | Notice of deposit of security, 1 copy, with service | |
| 1993-02-10 | Affidavit, Anne C. Corbett; 2 copies (see motion), with service | Air Products Canada Ltd. |
| 1993-02-10 | Motion for directions, 2 copies; 1. that this appeal shall be heard with 23057; 2. that the appeal in 23057 shall be heard by way of cross-appeal; 3. that the style of cause for the appeal and cross-appeal be set out as ...; 4. a single Case on Appeal shall be filed in the appe | Air Products Canada Ltd. |
| 1993-01-12 | $500 security deposit paid, direction #2252 | Air Products Canada Ltd. |
| 1993-01-08 | Notice of appeal, With service | Air Products Canada Ltd. |
| 1992-12-10 | Notice of deposit of judgment issued to all parties, Borden & Elliot (Toronto,ON) | |
| 1992-12-10 | Notice of deposit of judgment issued to all parties, Stikeman & Elliott (Ottawa,ON) | |
| 1992-12-10 |
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 |
|
| 1992-12-10 | Hearing of the application for leave to appeal, 1992-12-10, LaF So G | |
| 1992-12-10 | All materials on application for leave submitted to the Judges, 1992-12-10, LaF So G | |
| 1992-08-25 | General proceeding, to Note Correspondence of Bordern & Elliott re: reply to the response filed on behalf of Air Products Canada Ltd., sent up to Justices LaF So G | |
| 1992-08-23 | All materials on application for leave submitted to the Judges, LaF So G | |
| 1992-08-07 | Correspondence received from, from Borden & Elliot; re: does not intend to file a reply to the response | Air Products Canada Ltd. |
| 1992-06-30 | Respondent's response on the application for leave to appeal, 1 served copy, with service | Gunter Schmidt, in his personal capacity & on behalf of the beneficiaries of Stearns Catalytic Ltd. |
| 1992-06-26 | Respondent's response on the application for leave to appeal, 5 copies | Former Beneficiaries of the Catalytic Enterprises Ltd. Pension Plan |
| 1992-06-09 | $30.00 filing fee, receipt #25538 | Air Products Canada Ltd. |
| 1992-06-09 | Application for leave to appeal, 5 copies (to be sent with 23057), with service, Completed on: 1992-06-09 | Air Products Canada Ltd. |
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 |
|---|---|---|
| Air Products Canada Ltd. | Applicant | Active |
| William M. Mercer Limited | Applicant | Active |
| Confederation Life Insurance Company | Applicant | Active |
| Westley, T.J. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Schmidt, in his personal capacity & on behalf of the beneficiaries of Stearns Catalytic Ltd., Gunter | Respondent | Active |
| Former Beneficiaries of the Catalytic Enterprises Ltd. Pension Plan | Respondent | Active |
Counsel
Party: Air Products Canada Ltd.
Counsel
SCOTIA PLAZA
40 KING ST W
TORONTO, Ontario
M5H 3Y4
Telephone: (416) 367-6000
FAX: (416) 367-6749
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: William M. Mercer Limited
Counsel
SCOTIA PLAZA
40 KING ST W
TORONTO, Ontario
M5H 3Y4
Telephone: (416) 367-6000
FAX: (416) 367-6749
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Confederation Life Insurance Company
Counsel
SCOTIA PLAZA
40 KING ST W
TORONTO, Ontario
M5H 3Y4
Telephone: (416) 367-6000
FAX: (416) 367-6749
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Westley, T.J.
Counsel
SCOTIA PLAZA
40 KING ST W
TORONTO, Ontario
M5H 3Y4
Telephone: (416) 367-6000
FAX: (416) 367-6749
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Schmidt, in his personal capacity & on behalf of the beneficiaries of Stearns Catalytic Ltd., Gunter
Counsel
Box 25, Commerce Court West
2800 - 199 Bay Street
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2400
FAX: (416) 863-2653
Agent
45 O'Connor Street
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2222
FAX: (613) 788-2247
Party: Former Beneficiaries of the Catalytic Enterprises Ltd. Pension Plan
Counsel
Scotia Centre
1400 - 700, 2nd St South West
Calgary, Alberta
T2P 4V5
Telephone: (403) 298-1000
FAX: (403) 263-9193
Agent
914 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 234-4555
FAX: (613) 230-8877
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
Court of Queen’s Bench of Alberta
8801-02742
Order as to interpretation and entitlement with respect to surplus funds
Court of Appeal of Alberta (Calgary)
12361
Appeal and Cross 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
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