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23105

Russell James Bennett, et al. v. British Columbia Securities Commission, 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
1992-09-14 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, British Columbia (Vancouver)
1992-09-14 Copy of formal judgment on leave being prepared, McCarthy, Tétrault (Ottawa,ON)
1992-09-14 Copy of formal judgment on leave being prepared, Arvay Finlay (Victoria, BC)
1992-09-14 Copy of formal judgment on leave being prepared, Ministry of Attorney General (Victoria,BC)
1992-09-14 Copy of formal judgment on leave being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1992-09-14 Copy of formal judgment on leave being prepared, Burke-Robertson (Ottawa,ON)
1992-09-02 Close file on Leave
1992-08-27 Notice of deposit of judgment issued to all parties, Arvay Finlay (Victoria,BC)
1992-08-27 Notice of deposit of judgment issued to all parties, Ministry of Attorney General (Victoria,BC)
1992-08-27 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1992-08-27 Notice of deposit of judgment issued to all parties, Burke-Ribertson (Ottawa,ON)
1992-08-27 Notice of deposit of judgment issued to all parties, McCarthy, Tétrault (Ottawa,ON)
1992-08-27 Judgment of the Court on the application for leave to appeal, LaF So G, The applications for leave to appeal are dismissed with costs.
Dismissed, with costs
1992-08-27 Hearing of the application for leave to appeal, 1992-08-27, LaF So G
1992-08-27 All materials on application for leave submitted to the Judges, 1992-08-27, LaF So G
1992-08-18 General proceeding, To Note memo from Claude E. Alain re: final reply of the Applicants, David Dunn, Leo Duhamel and Helen Arneson sent up to Justices LaF So G. (c.c. Registrar, Deputy Registrar)
1992-08-17 General proceeding, To Note replies of the applicants in the above proceedings sent up to Justices Laf So G.
1992-08-17 Applicant's reply to respondent's argument, 5 copies Harbanse Singh Doman
1992-08-17 Proof of service, of the AMENDED application for leave (letterform)
1992-08-17 Proof of service, of the AMENDED application for leave (letterform)
1992-08-14 Applicant's reply to respondent's argument, 5 copies William Richards Bennett
1992-08-14 Applicant's reply to respondent's argument, 5 copies Russell James Bennett
1992-08-13 Proof of service, of the application for leave to appeal and the amended memorandum of argument
1992-08-11 General proceeding, To Note Copy of Supreme Court of Canada Order dated July 24, 1992 (signed by Iacabucci) sent up along to Justices LaF So G.
1992-08-11 General proceeding, To Note (Urgent Tag) memo dated August 10, 1992 from Mike Larmour sent up along to Justices LaF So G.
1992-08-11 All materials on application for leave submitted to the Judges, LaF So G
1992-08-10 General proceeding, To Note Memorandum from Michel Larmour dated Aug 10, 1992 re: stay of execution in above proceedings was granted by Iacabucci on July 24, 1992, on condition that the application of the leave to appeal be dealt with on an expedited basis has been distribu
1992-08-07 Respondent's response on the application for leave to appeal, 5 copies British Columbia Securities Commission
1992-08-07 Correspondence received from, of Joseph J. Arvay re service of his memorandum of argument British Columbia Securities Commission
1992-07-24 Other documents on motion for a stay of execution, (white binder) 5 copies
1992-07-24 Decision on the motion for a stay of execution, Ia, It is hereby ordered that the hearing of the British Columbia Securities Commission scheduled for Monday, August 10, 1992 in the matter of Russell James Bennett, William Richard Bennett, and Harbanse Singh Doman and any further examination, of the Applicants be stayed until such time as the Applicants' Applications for Leave to Appeal to this Court have been decided, and if leave to appeal is granted, until the matter is disposed of by this Court. This stay is granted on the condition that the Applications for Leave to Appeal be dealt with on an expedited basis, namely, that: a) the Applicants file amended Applications for Leave to Appeal no later than Tuesday, August 4, 1992, to take into consideration the reasons for judgment issued in this matter by the British Columbia Court of Appeal on July, 22, 1992; b) the respondent file its responses no later than Friday, August 7, 1992 and c) the Aplicants file their replies, if any, no later than Monday, August 17, 1992, AND IT IS FURTHER ORERED THAT, under the circumstances, no costs be awarded.
Granted, no order as to costs
1992-07-24 Hearing of motion for a stay of execution, 1992-07-24, Ia
1992-07-24 Submission of motion for a stay of execution, 1992-07-24, Ia
1992-07-23 Appellant's argument on the motion for a stay of execution, 5 copies (book form)
1992-07-23 Appellant's argument on the motion for a stay of execution, 2 copies (book form)
1992-07-23 Other documents on motion for a stay of execution, (by fax) MEMORANDUM of fact and law along with the C/A reasons
1992-07-23 Affidavit, of service of the application for leave to appeal Harbanse Singh Doman
1992-07-23 Affidavit, of service of application for leave to appeal Russell James Bennett
1992-07-22 Affidavit, of service (fax copy) of application for leave and motion book for a stay Russell James Bennett
1992-07-22 Other documents on motion for a stay of execution, (by fax) SUBMISSIONS on application for stay of proceedings (original filed 1992/07/23 in book form)
1992-07-21 $30.00 filing fee, #25773 Russell James Bennett
1992-07-21 Motion for a stay of execution, 2 copies (Book form) RETURNABLE DATE JULY 24, 1992 Harbanse Singh Doman
1992-07-20 Motion for a stay of execution, RETURNABLE DATE JULY 24,1992 Harbanse Singh Doman
1992-07-20 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 proof of service missing. Application for leave will not be referred until materi
1992-07-20 Correspondence received from, sent to McCarthy Tetrault (Ottawa,ON) acknowledging receipt of application for leave. Regret to advise that material does not comply with the Court's requirements as Proof of Service missing. Application for leave will not be referred until material comp
1992-07-20 Other documents on motion for a stay of execution, AFFIDAVIT of William E. Knutson (3 copies)
1992-07-20 Motion for a stay of execution, 3 copies RETURNABLE DATE JULY 24, 1992 David Dunn
1992-07-20 $30.00 filing fee, #25771 (same as A03) David Dunn
1992-07-20 Application for leave to appeal, 5 copies (service missing), Incomplete David Dunn
1992-07-20 Other documents on motion for a stay of execution, AFFIDAVIT of Robert Shannon Anderson (3 copies)
1992-07-20 Motion for a stay of execution, 3 copies RETURNABLE DATE JULY 24, 1992 William Richards Bennett
1992-07-20 Application for leave to appeal, 5 copies (service missing) 5 copies "AMENDED" (to be joined with the books filed on July 20), Completed on: 1992-08-04 William Richards Bennett
1992-07-20 $30.00 filing fee, #25771 William Richards Bennett
1992-07-20 Motion for a stay of execution, 3 copies (Book form) RETURNABLE DATE JULY 24, 1992 Russell James Bennett
1992-07-20 Application for leave to appeal, 5 copies (service missing) 5 copies (refer to leave book filed on July 20) AMENDED, Completed on: 1992-08-05 Russell James Bennett
1992-07-20 $30.00 filing fee, #25770 Harbanse Singh Doman
1992-07-20 Other documents on motion for a stay of execution, AFFIDAVIT of Randy J. Kaardal (3 copies)
1992-07-20 Application for leave to appeal, 5 copies (service missing) 5 copies - SUPPLEMENT, Completed on: 1992-08-04 Harbanse Singh Doman

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
Bennett, Russell James Applicant Active

v.

Main parties - Respondents
Name Role Status
British Columbia Securities Commission Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Singh Doman, Harbanse Applicant Active

v.

Sub parties (1) - Respondents
Name Role Status
British Columbia Securities Commission Respondent Active

And Between

Sub parties (2) - Appellants
Name Role Status
Bennett, William Richards Applicant Active

v.

Sub parties (2) - Respondents
Name Role Status
British Columbia Securities Commission Respondent Active
Attorney General of British Columbia Respondent Active

And Between

Sub parties (3) - Appellants
Name Role Status
Dunn, David Applicant Active
Duhamel, Leo Applicant Active
Arneson, Helen Applicant Active

v.

Sub parties (3) - Respondents
Name Role Status
British Columbia Securities Commission Respondent Active

Counsel

Party: Bennett, Russell James

Counsel
Name
Leonard T. Doust
Contact information
McCarthy Tétrault
1300 - 777 DUNSMUIR ST
VANCOUVER, British Columbia
V7Y 1K2
Telephone: (604) 643-7100
FAX: (604) 643-7900
Agent
Name
Lise Cardinal
Contact information
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813

Party: Singh Doman, Harbanse

Counsel
Name
Marvin R.V. Storrow, Q.C.
Contact information
Blake, Cassels & Graydon
Suite 2600, Three Bentall Centre
595 Burrard Street, P. O Box 49314
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-3300
FAX: (604) 631-3309
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Bennett, William Richards

Counsel
Name
Peter W. Butler, Q.C.
Contact information
Farris, Vaughan, Wills & Murphy
2600 - 700 GEORGIA ST W
BOX 10026
VANCOUVER, British Columbia
V7Y 1B3
Telephone: (604) 684-9151
FAX: (601) 661-9349
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Dunn, David

Counsel
Name
William E. Knutson
Contact information
Shapiro Hankinson & Knutson
700 - 555 BURRARD ST
VANCOUVER, British Columbia
V7X 1M8
Telephone: (604) 684-0727
FAX: (604) 684-7094
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Duhamel, Leo

Counsel
Name
William E. Knutson
Contact information
Shapiro Hankinson & Knutson
700 - 555 BURRARD ST
VANCOUVER, British Columbia
V7X 1M8
Telephone: (604) 684-0727
FAX: (604) 684-7094
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Arneson, Helen

Counsel
Name
William E. Knutson
Contact information
Shapiro Hankinson & Knutson
700 - 555 BURRARD ST
VANCOUVER, British Columbia
V7X 1M8
Telephone: (604) 684-0727
FAX: (604) 684-7094
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: British Columbia Securities Commission

Counsel
Name
Joseph J. Arvay, Q.C.
Contact information
Arvay Finlay
400 - 888 Fort Street
Victoria, British Columbia
V8W 1H8
Telephone: (250) 388-6868
FAX: (250) 388-4456
Email: jarvay@arvayfinlay.com
Agent
Name
W.G. Burke-Robertson, Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General of British Columbia

Counsel
Name
George H. Copley, Q.C.
Contact information
Attorney General of British Columbia
P.O. Box 9280 Stn Prov Govt
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8400
FAX: (250) 356-9154

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

May 3, 1992
Supreme Court of British Columbia

A906331

Applications for declaratory and other relief dismissed

July 3, 1992
Court of Appeal for British Columbia (Vancouver)

Ca14003/10/14/34

appeals and cross appeals 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

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Webcasts

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Date modified: 2025-02-27