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23109

Karl Thomas Galaske, an infant suing by his Guardian ad Litem Elizabeth Moser, et al. v. Erich Stauffer, 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)
1997-09-12 Appeal closed
1994-08-02 Payment out cheque issued, #2201-01152989
1994-08-02 Approved order for payment out, to Giusti, Barrett & Ellan and to be sent to Gowling, Strathy & Henderson
1994-07-22 Correspondence (sent by the Court) to, sent to C/A of BC (Vancouver, BC) enclosing their record
1994-04-25 Copy of formal judgment being prepared, Scott & Aylen (Ottawa, ON)
1994-04-25 Copy of formal judgment being prepared, Heather Sadler Jenkins (Prince George, BC)
1994-04-25 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1994-04-22 Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver)
1994-04-18 Notice of deposit of judgment sent to all parties, Scott & Aylen (Ottawa, ON)
1994-04-18 Notice of deposit of judgment sent to all parties, Heather Sadler Jenkins (Prince George, BC)
1994-04-18 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1994-04-14 Judgment on the appeal rendered, LaF L'HD So G Co McL Ma, The appeal is allowed, Sopinka and Major JJ. dissenting. The question of the degree of contributing negligence of Stauffer should be remitted to the trial judge for determination at the same time as the determination is made as to whether there was any negligence on the part of the infant Karl Thomas Galaske or the late Peter Helmut Galaske or both. The appellant should have his costs in this Court and throughout.
Allowed, no order as to costs
1993-12-14 General proceeding, transcripts received and distributed to the judges (94 pages)
1993-12-03 Hearing of the appeal, 1993-12-03, LaF L'HD So G Co McL Ma
Decision reserved
1993-12-03 Decision on motion to extend time, to file a factum, LaF L'HD So G Co McL Ma
Dismissed, no order as to costs
1993-12-03 Hearing of motion to extend time, 1993-12-03, to file a factum, LaF L'HD So G Co McL Ma
1993-12-03 Submission of motion to extend time, 1993-12-03, to file a factum, LaF L'HD So G Co McL Ma
1993-12-02 General proceeding, 10 copies of (MOTION BOOK OF THE RESPONDENTS, ERICH STAUFFER ET AL TO THE MOTION TO EXTEND THE TIME FOR FILING A FACTUM OF MALA GALASKE) Erich Stauffer
1993-11-25 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1993-11-25 General proceeding, to note 10 copies of a consolidated book containing material previously filed: 1)motion and affidavit to extend time to file the respondent Mala Galaske's factum {1993/11/15} 2)affidavit of Ed Van Bemmel and other documents {1993/11/22} sent to LaF So G C Mala Galaske as representative ad Litem of the Estate of Peter Helmut Galaske, deceased
1993-11-24 Order on motion to extend time, to file appellant's factum to May 26/93, nunc pro tunc
1993-11-24 Order on motion to extend time, to file case on appeal to May 7/93, nunc pro tunc
1993-11-23 Decision on motion to extend time, to file respondent's factum to Nov 12/93, with service
1993-11-23 Decision on motion to extend time, The motion for leave to file a factum by one of the co-respondents, Mala Galaske as representative ad litem of the estate of Peter Galaske, deceased, and to extend time to serve and file such a factum is referred to the Bench who will hear the appeal, giv, Reg
1993-11-23 Hearing of motion to extend time, 1993-11-23, to file respondent's factum to Nov 12/93, with service
Decision reserved
1993-11-23 Submission of motion to extend time, 1993-11-23, to file respondent's factum to Nov 12/93, with service
Decision reserved
Traversed, no order as to costs
1993-11-23 Decision on motion to extend time, to file appellant's factum to May 26/93 nunc pro tunc, with service, Reg
Granted, no order as to costs
1993-11-23 Hearing of motion to extend time, 1993-11-23, to file appellant's factum to May 26/93 nunc pro tunc, with service, Reg
1993-11-23 Submission of motion to extend time, 1993-11-23, to file appellant's factum to May 26/93 nunc pro tunc, with service, Reg
1993-11-23 Decision on motion to extend time, to file Case on Appeal to May 7/93 nunc pro tunc, with service, Reg
Granted, no order as to costs
1993-11-23 Hearing of motion to extend time, 1993-11-23, to file Case on Appeal to May 7/93 nunc pro tunc, with service, Reg
1993-11-23 Submission of motion to extend time, 1993-11-23, to file Case on Appeal to May 7/93 nunc pro tunc, with service, Reg
1993-11-22 General proceeding, to note 2 copies of an affidavit and other documents for the motion to extend time to file the respondent Mala Galaske's factum (bookform), with service Mala Galaske as representative ad Litem of the Estate of Peter Helmut Galaske, deceased
1993-11-22 Correspondence (sent by the Court) to, from Joan Minoque re: names of counsel on behalf of the respondents on the hearing of the appeal
1993-11-19 Book of authorities, JOINT 10 copies of Vol. I & II Karl Thomas Galaske, an infant suing by his Guardian ad Litem Elizabeth Moser
1993-11-19 Affidavit, of Avon Mersey dated Nov.18/93 in opposition to the filing of the factum of Mala Galaske, with service Erich Stauffer
1993-11-18 Correspondence (sent by the Court) to, (by fax) from Gowling; re: the motion of the respondent to extend time for filing of the factum can be dealt with by the Registrar
1993-11-18 Correspondence (sent by the Court) to, (by fax) from Russel & DuMoulin; re: request that the motion for the extension of time be dealt with by a Judge and not the Registrar
1993-11-17 Response to motion to extend time, to serve and file the appellant's factum to May 26/93 Mala Galaske as representative ad Litem of the Estate of Peter Helmut Galaske, deceased
1993-11-17 Response to motion to extend time, to serve and file the Case on appeal to May 7/93 Mala Galaske as representative ad Litem of the Estate of Peter Helmut Galaske, deceased
1993-11-17 Response to motion to extend time, to serve and file the appellant's factum to May 26/93 Erich Stauffer
1993-11-17 Response to motion to extend time, to serve and file the Case on appeal to May 7/93 Erich Stauffer
1993-11-17 Affidavit, to serve and file the factum to May 26/93; Eduard J. Van Bemmel, with service Karl Thomas Galaske, an infant suing by his Guardian ad Litem Elizabeth Moser
1993-11-17 Affidavit, to serve and file the Case on appeal to May 7/93; Eduard J. Van Bemmel, with service Karl Thomas Galaske, an infant suing by his Guardian ad Litem Elizabeth Moser
1993-11-17 Motion to extend time, to serve and file the factum to May 26/93, with service Karl Thomas Galaske, an infant suing by his Guardian ad Litem Elizabeth Moser
1993-11-17 Motion to extend time, to serve and file the Case on Appeal to May 7/93, with service Karl Thomas Galaske, an infant suing by his Guardian ad Litem Elizabeth Moser
1993-11-15 General proceeding, to note the CONSENT to file the appellant's AMENDED factum Erich Stauffer
1993-11-15 Appellant's factum, AMENDED 24 copies (TO REPLACE THE FACTUM FILED IN MAY) Karl Thomas Galaske, an infant suing by his Guardian ad Litem Elizabeth Moser
1993-11-15 Response to motion to extend time, to file the respondent's response to Nov. 12/93 Karl Thomas Galaske, an infant suing by his Guardian ad Litem Elizabeth Moser
1993-11-15 Affidavit, (of Peter D. Messner, Q.C.) to file the respondent factum to Nov. 12/93, with service Mala Galaske as representative ad Litem of the Estate of Peter Helmut Galaske, deceased
1993-11-15 Motion to extend time, to serve and file the respondent's factum to Nov. 12/93, with service Mala Galaske as representative ad Litem of the Estate of Peter Helmut Galaske, deceased
1993-11-12 Respondent's factum, 24 copies, with service Mala Galaske as representative ad Litem of the Estate of Peter Helmut Galaske, deceased
1993-11-10 Order on motion to extend time, to file respondents' factum to Nov 12/93
1993-11-10 Appeal court record, (1 box)
1993-11-09 Respondent's factum, (24 copies) Erich Stauffer
1993-11-09 Response to motion to extend time, to serve & file the respondents' factum Karl Thomas Galaske, an infant suing by his Guardian ad Litem Elizabeth Moser
1993-11-09 Affidavit, to serve & file the respondents' factum Erich Stauffer
1993-11-09 Motion to extend time, to serve & file the respondents, factum Erich Stauffer
1993-11-09 Decision on motion to extend time, to file his factum to Nov 12/93, Reg
Granted, no order as to costs
1993-11-09 Hearing of motion to extend time, 1993-11-09, to file his factum to Nov 12/93, Reg
1993-11-09 Submission of motion to extend time, 1993-11-09, to file his factum to Nov 12/93, Reg
1993-10-06 Correspondence (sent by the Court) to, sent to Heather, Sadler, Jenkins (Prince George, BC) from C. Alain thanking them for giving the Court advance notice of their intention not to appear.
1993-10-06 Correspondence (sent by the Court) to, sent to Heather, Sadler, Jenkins (Prince George, BC) thanking them for giving the Court advance notice of intention not to appear.
1993-09-30 Correspondence (sent by the Court) to, from Dennis J. Daley; re: will not be in attendance on Oct. 4/93
1993-09-24 Appeal hearing scheduled, 1993-12-03
Decision reserved
1993-09-23 Notice of hearing, (1 copy), with service Karl Thomas Galaske, an infant suing by his Guardian ad Litem Elizabeth Moser
1993-07-21 Appeal perfected for hearing, Session beginning on 1993-10-04
1993-06-14 Appeal court record, (accordeon)
1993-06-09 Certified casebook, (service admitted on June 1st, 1993), with service Karl Thomas Galaske, an infant suing by his Guardian ad Litem Elizabeth Moser
1993-05-26 Appellant's factum, 24 copies (extension of time requested) REPLACED BY AN AMENDED FACTUM ON NOV. 15/93, with service Karl Thomas Galaske, an infant suing by his Guardian ad Litem Elizabeth Moser
1993-05-07 Case on appeal, 23 copies (extension of time requested - EVB) Karl Thomas Galaske, an infant suing by his Guardian ad Litem Elizabeth Moser
1993-04-26 Correspondence (sent by the Court) to, sent to Messner and Foster (100 Mile House, BC) re: Rule 32 enclosed
1993-04-26 Correspondence (sent by the Court) to, sent to Heather Sadler Jenkins (Prince George, BC) re: Rule 32 enclosed
1993-04-26 Correspondence (sent by the Court) to, sent to Russell & DuMoulin (Vancouver, BC) re: Rule 32 enclosed
1993-04-26 Correspondence (sent by the Court) to, sent to Giusti, Chamberlain & Ellan (Vancouver, BC) re: Rule 32 enclosed
1993-02-01 Proof of service, of Notice of Deposit of Security (direction #2250)
1993-01-12 Close file on Leave
1993-01-11 Notice of deposit of security, under direction #2250, with service
1993-01-06 $500 security deposit paid, direction #2250 Karl Thomas Galaske, an infant suing by his Guardian ad Litem Elizabeth Moser
1993-01-05 Proof of service, of the notice of appeal (admitted on Dec. 17, 1992)
1992-12-23 Order granting leave to appeal, With service
1992-12-11 Notice of appeal, With service Karl Thomas Galaske, an infant suing by his Guardian ad Litem Elizabeth Moser
1992-12-10 Notice of deposit of judgment issued to all parties, Russell & DuMoulin (Vancouver,BC)
1992-12-10 Notice of deposit of judgment issued to all parties, Gowling, Strathy (Ottawa,ON)
1992-12-10 Notice of deposit of judgment issued to all parties, Heather Sadler Jenkins (Prince George,BC)
1992-12-10 Notice of deposit of judgment issued to all parties, Messner and Foster (100 Mile House,BC)
1992-12-10 Judgment of the Court on the application for leave to appeal, CJ McL Ia, 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, CJ McL Ia
1992-12-10 All materials on application for leave submitted to the Judges, 1992-12-10, CJ McL Ia
1992-11-09 Proof of service, of the reply (letterform)
1992-10-26 General proceeding, To Note, Court of Appeal judgment filed on behalf of Karl Thomas Galaske, an infant by suing his Guardian ad Litem Elizabeth Moser distributed to Justices CJ McL I.
1992-10-26 All materials on application for leave submitted to the Judges, CJ McL I
1992-10-16 Order on motion to extend time, to serve and file the applicant's reply to Oct\02\1992, with service
1992-10-08 Decision on motion to extend time, to serve and file the applicant's reply to Oct\02\1992, Reg
Granted, no order as to costs
1992-10-08 Hearing of motion to extend time, 1992-10-08, to serve and file the applicant's reply to Oct\02\1992, Reg
1992-10-08 Submission of motion to extend time, 1992-10-08, to serve and file the applicant's reply to Oct\02\1992, Reg
1992-10-05 Affidavit, to serve and file the reply to Oct. 2/92; Henry S. Brown, with service Karl Thomas Galaske, an infant suing by his Guardian ad Litem Elizabeth Moser
1992-10-05 Response to motion to extend time, to serve and file the reply to Oct. 2/92 Erich Stauffer
1992-10-05 Motion to extend time, to serve and file the reply to Oct. 2/92, with service Karl Thomas Galaske, an infant suing by his Guardian ad Litem Elizabeth Moser
1992-10-02 Applicant's reply to respondent's argument, 5 copies (extension of time requested), with service Karl Thomas Galaske, an infant suing by his Guardian ad Litem Elizabeth Moser
1992-09-21 Respondent's response on the application for leave to appeal, 5 copies (joint with R02 - Florence Horvath), with service Erich Stauffer
1992-09-01 General proceeding, to note 5 copies of C/A judgment Karl Thomas Galaske, an infant suing by his Guardian ad Litem Elizabeth Moser
1992-08-10 Service, of the application for leave to appeal
1992-08-10 Service, of application for leave to appeal
1992-08-10 Application for leave to appeal, as service filed and signature of counsel, Completed on: 1992-08-10
1992-08-10 Service, of the application for leave to appeal
1992-07-31 $30.00 filing fee, #25777 Karl Thomas Galaske, an infant suing by his Guardian ad Litem Elizabeth Moser
1992-07-21 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 the Court's requirements as Service & Signature missing. Application for leave will not be referred until
1992-07-21 Application for leave to appeal, 5 copies (service and signature missing), Incomplete Karl Thomas Galaske, an infant suing by his Guardian ad Litem Elizabeth Moser

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
Galaske, an infant suing by his Guardian ad Litem Elizabeth Moser, Karl Thomas Applicant Active

v.

Main parties - Respondents
Name Role Status
Stauffer, Erich Respondent Active
Horvath, Florence Respondent Active
O'Donnell, Columcille Respondent Active
Bourgoin Contracting Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Galaske, an infant suing by his guardian ad Litem, Elizabeth Moser, Karl Thomas Applicant Active

v.

Sub parties (1) - Respondents
Name Role Status
Stauffer, Erich Respondent Active
Horvath, Florence Respondent Active
O'Donnell, Columcille Damien Respondent Active
Bourgoin Contracting Ltd. Respondent Active
Galaske as representative ad Litem of the Estate of Peter Helmut Galaske, deceased, Mala Respondent Active

Counsel

Party: Galaske, an infant suing by his Guardian ad Litem Elizabeth Moser, Karl Thomas

Counsel
Name
Romano F. Giusti
Contact information
Giusti & Co.
500 - 190 ALEXANDER ST
VANCOUVER, British Columbia
V6A 1B5
Telephone: (604) 669-2238
FAX: (609) 669-4679
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: Galaske, an infant suing by his guardian ad Litem, Elizabeth Moser, Karl Thomas

Counsel
Name
Romano F. Giusti
Contact information
Giusti & Co.
500 - 190 ALEXANDER ST
VANCOUVER, British Columbia
V6A 1B5
Telephone: (604) 669-2238
FAX: (609) 669-4679
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: Stauffer, Erich

Counsel
Name
Avon M. Mersey
Contact information
Russell & DuMoulin
2100 - 1075 GEORGIA ST W
VANCOUVER, British Columbia
V6E 3G2
Telephone: (604) 631-3121
FAX: (604) 631-3232
Agent
Name
James I. Minnes
Contact information
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Horvath, Florence

Counsel
Name
Avon M. Mersey
Contact information
Russell & DuMoulin
2100 - 1075 GEORGIA ST W
VANCOUVER, British Columbia
V6E 3G2
Telephone: (604) 631-3121
FAX: (604) 631-3232
Agent
Name
James I. Minnes
Contact information
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: O'Donnell, Columcille

Counsel
Name
Dennis J. Daley
Contact information
Heather, Sadler, Hughes & Jenkins
700 - 550 VICTORIA ST
PRINCE GEORGE, British Columbia
V2L 2K1
Telephone: (604) 564-5144
FAX: (604) 565-8001

Party: Bourgoin Contracting

Counsel
Name
Dennis J. Daley
Contact information
Heather, Sadler, Hughes & Jenkins
700 - 550 VICTORIA ST
PRINCE GEORGE, British Columbia
V2L 2K1
Telephone: (604) 564-5144
FAX: (604) 565-8001

Party: O'Donnell, Columcille Damien

Counsel
Name
Dennis J. Daley
Contact information
Heather, Sadler, Hughes & Jenkins
700 - 550 VICTORIA ST
PRINCE GEORGE, British Columbia
V2L 2K1
Telephone: (604) 564-5144
FAX: (604) 565-8001

Party: Bourgoin Contracting Ltd.

Counsel
Name
Dennis J. Daley
Contact information
Heather, Sadler, Hughes & Jenkins
700 - 550 VICTORIA ST
PRINCE GEORGE, British Columbia
V2L 2K1
Telephone: (604) 564-5144
FAX: (604) 565-8001

Party: Galaske as representative ad Litem of the Estate of Peter Helmut Galaske, deceased, Mala

Counsel
Name
Peter D. Messner, Q.C.
Contact information
Messner, Foster & Stevens
1 - 438 BIRCH AVE S
BOX 819 100 MILE HOUSE
VANCOUVER, British Columbia
V0K 2E0
Telephone: (604) 395-3881
FAX: (604) 395-3644
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

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 9, 1990
Supreme Court of British Columbia

A870521

Action against respondents Stauffer and Horvath dismissed

May 7, 1992
Court of Appeal for British Columbia (Vancouver)

CA012510/11/12

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

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Webcasts

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Date modified: 2025-05-13