Case information
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23113
British Columbia Securities Commission, et al. v. Murray Pezim, 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.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1997-09-12 | Appeal closed | |
| 1995-03-14 | Record returned to the Registrar of the Court of Appeal | |
| 1994-09-21 | Payment out cheque issued, #2201-01292803 | |
| 1994-09-21 | Approved order for payment out, sent to Rachel Bowden (Finance) today | |
| 1994-08-22 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1994-08-22 | Copy of formal judgment being prepared, Alberta Justice (Edmonton, AB) | |
| 1994-08-22 | Copy of formal judgment being prepared, Scott & Aylen (Ottawa, ON) | |
| 1994-08-22 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON) | |
| 1994-08-22 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-06-24 | Notice of deposit of judgment sent to all parties, Albert Justice (Edmonton, AB) | |
| 1994-06-24 | Notice of deposit of judgment sent to all parties, Scott & Aylen (Ottawa, ON) | |
| 1994-06-24 | Notice of deposit of judgment sent to all parties, Burke-Robertson | |
| 1994-06-24 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson | |
| 1994-06-23 |
Judgment on the appeal rendered, CJ LaF So G McL Ia Ma, The appeals are allowed, the judgment of the British Columbia Court of Appeal is set aside and the orders of the British Columbia Securities Commission, dated December 17, 1990, are substituted therefor. The appellants shall have their costs here and in the court below. (Heard with 23107). Allowed, no order as to costs |
|
| 1994-03-07 | General proceeding, transcripts received and distributed to the judges (202 pages) (JOINT WITH 23107) | |
| 1994-02-24 |
Hearing of the appeal, 1994-02-24, CJ LaF So G McL Ia Ma Decision reserved |
|
| 1994-02-24 | Book of authorities, 10 copies (FILED after the hearing of the appeal at 15:25 hours and to be distributed to the Justices) | Securities Dealers Society of Ontario |
| 1994-02-23 | Correspondence (sent by the Court) to, from Arvay, Finlay re: ENCLOSING CROSS REFERENCE TABLE OF UNREPORTED DECISIONS (TO BE DISTRIBUTED TO THE JUDGES) - fax copy | |
| 1994-02-17 | Intervener's factum, 24 copies (JOINT WITH 23107), with service | Ontario Securities Commission |
| 1994-02-16 | Correspondence (sent by the Court) to, from Joan Minoque re: duration of argument (joint with 23107) | |
| 1994-02-15 | Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument | |
| 1994-02-14 | Order on motion to extend time, to serve and file their factum to Jan 20/94, nunc pro tunc | |
| 1994-02-14 |
Decision on motion to extend time, to serve and file the factum to Jan. 20/94, nunc pro tunc, Reg Granted, no order as to costs |
|
| 1994-02-14 | Hearing of motion to extend time, 1994-02-14, to serve and file the factum to Jan. 20/94, nunc pro tunc, Reg | |
| 1994-02-14 | Submission of motion to extend time, 1994-02-14, to serve and file the factum to Jan. 20/94, nunc pro tunc, Reg | |
| 1994-02-10 | General proceeding, to note an affidavit of service not complying with the rules | British Columbia Securities Commission |
| 1994-02-10 | Book of authorities, JOINT 10 copies of vol. I to III (joint with 23107 ) | British Columbia Securities Commission |
| 1994-02-10 | Intervener's factum, 24 copies (joint with 23107) (see order of Jan. 26 1994) ), with service | Securities Dealers Society of Ontario |
| 1994-01-26 | Order on motion for leave to intervene | |
| 1994-01-21 | Affidavit, to serve and file the factum to Jan. 20/94; Glenda A. Campbell, with service | Alberta Securities Commission |
| 1994-01-21 | Motion to extend time, to serve and file the factum to Jan. 20/94, with service | Alberta Securities Commission |
| 1994-01-19 | Intervener's factum, 24 copies (joint with 23107) (original served copy filed 21-01-94) | Alberta Securities Commission |
| 1994-01-13 |
Decision on the motion for leave to intervene, The motion for leave to intervene is Granted. The intervener may file a factum before Feb 10/94, and present oral arguments at the hearing for 15 mins., LaF Granted, no order as to costs |
|
| 1994-01-13 | Hearing of motion for leave to intervene, 1994-01-13, The motion for leave to intervene is Granted. The intervener may file a factum before Feb 10/94, and present oral arguments at the hearing for 15 mins., LaF | |
| 1994-01-13 | Submission of motion for leave to intervene, 1994-01-13, The motion for leave to intervene is Granted. The intervener may file a factum before Feb 10/94, and present oral arguments at the hearing for 15 mins., LaF | |
| 1994-01-12 | Order on motion to extend time, to serve and file respondent's factum to Dec 15/93 | |
| 1994-01-12 |
Decision on motion to extend time, to file respondent's factum to Dec 15/93, Reg Granted, no order as to costs |
|
| 1994-01-12 | Hearing of motion to extend time, 1994-01-12, to file respondent's factum to Dec 15/93, Reg | |
| 1994-01-12 | Submission of motion to extend time, 1994-01-12, to file respondent's factum to Dec 15/93, Reg | |
| 1994-01-11 | Affidavit, regarding the motion to intervene by Securities Dealers Society (John L. Finlay) (JOINT WITH 23107), with service | British Columbia Securities Commission |
| 1994-01-10 | Response to motion to extend time, to file the respondents' factum (John L. Finlay) (JOINT WITH 23107) | British Columbia Securities Commission |
| 1994-01-10 | Affidavit, to file the respondents' factum (Alan J.Lenczner) (JOINT WITH 23107) | Murray Pezim |
| 1994-01-10 | Motion to extend time, to file the respondents' factum to Dec. 15, 1993 (JOINT WITH 23107) | Murray Pezim |
| 1994-01-07 |
Appeal hearing scheduled, 1994-02-24 Decision reserved |
|
| 1994-01-06 | Proof of service, of the respondent's factum (1 copy) | |
| 1993-12-21 | Intervener's factum, 24 copies (joint with 23107), with service | Attorney General of British Columbia |
| 1993-12-21 | Correspondence (sent by the Court) to, from Gowling; re: they are not Ottawa agents for the Ontario Securities Commission | |
| 1993-12-15 | Respondent's factum, 24 copies (extension of time requested) (JOINT WITH 23107) (served on Dec. 13 to Sup. of Brokers and on Dec. 14 to B.C.Securities), with service | Murray Pezim |
| 1993-10-25 | Appeal perfected for hearing, Session beginning on 1994-01-24 | |
| 1993-10-07 | Correspondence (sent by the Court) to, from Alan J. Lenczner re: supports the intervention of the Securities Dealers of Ontario (fax copy) | |
| 1993-09-28 | Correspondence (sent by the Court) to, from Burke-Robertson; re: opposes the intervention of Securities Dealers Society of Ontario (I04) | |
| 1993-09-23 |
Decision on the motion for leave to intervene, oral argument is limited to 15 minutes, costs of this application reserved to the Court hearing the appeal, with service, Co Granted, no order as to costs |
|
| 1993-09-23 | Hearing of motion for leave to intervene, 1993-09-23, oral argument is limited to 15 minutes, costs of this application reserved to the Court hearing the appeal, with service, Co | |
| 1993-09-23 | Submission of motion for leave to intervene, 1993-09-23, oral argument is limited to 15 minutes, costs of this application reserved to the Court hearing the appeal, with service, Co | |
| 1993-09-21 | General proceeding, (2 copies) AUTHORITIES ON MOTION FOR LEAVE TO INTERVENE (joint with 23107), with service | Ontario Securities Commission |
| 1993-09-21 | General proceeding, (2 copies) FACTUM ON THE MOTION FOR LEAVE TO INTERVENE (joint with 23107), with service | Ontario Securities Commission |
| 1993-09-15 | Affidavit, (of Oron Sternhill) 2 copies (joint with 23107), with service | Securities Dealers Society of Ontario |
| 1993-09-15 | Motion for leave to intervene, 2 copies (joint with 23107), with service | Securities Dealers Society of Ontario |
| 1993-09-14 | Order on motion to dispense with printing | |
| 1993-08-30 | Appellant's factum, 24 copies, with service | British Columbia Securities Commission |
| 1993-08-27 | Response to motion to dispense with printing, of the evidence and exhibits in the case on appeal (1 copy) | Murray Pezim |
| 1993-08-26 | Affidavit, of Susan E. Ross (1 copy), with service | British Columbia Securities Commission |
| 1993-08-26 | Motion to dispense with printing, of the evidence and exhibits (1 copy), with service | British Columbia Securities Commission |
| 1993-08-26 |
Decision on motion to dispense with printing, With service, Reg Granted, no order as to costs |
|
| 1993-08-26 | Hearing of motion to dispense with printing, 1993-08-26, With service, Reg | |
| 1993-08-26 | Submission of motion to dispense with printing, 1993-08-26, With service, Reg | |
| 1993-08-24 | Appeal court record, 1 small box (joint with 23107) | |
| 1993-08-03 | Correspondence (sent by the Court) to, of Margaret A. Ross to advise the Court that the firm of Gowling, Strathy & Henderson is acting as Ottawa agent | |
| 1993-07-12 | Close file on Leave | |
| 1993-07-06 | Order on motion for leave to intervene | |
| 1993-06-30 |
Decision on the motion for leave to intervene, oral argument is limited to 15 minutes for both appeals (23107), McL Granted, no order as to costs |
|
| 1993-06-30 | Hearing of motion for leave to intervene, 1993-06-30, oral argument is limited to 15 minutes for both appeals (23107), McL | |
| 1993-06-30 | Submission of motion for leave to intervene, 1993-06-30, oral argument is limited to 15 minutes for both appeals (23107), McL | |
| 1993-06-30 | Certified casebook, vol. I & II (joint with 23107) | British Columbia Securities Commission |
| 1993-06-30 | Case on appeal, 23 copies of vol. I & II (joint with 23107) | British Columbia Securities Commission |
| 1993-06-30 | Proof of service, of Case on appeal | |
| 1993-06-22 | Affidavit, in support of the application for leave to intervene by Alberta Securities Commission of John L. Finlay (1 copy), with service | British Columbia Securities Commission |
| 1993-06-14 | Correspondence (sent by the Court) to, from Alan J. Lenczner Re: not opposing and not consenting to the application for leave to intervene by B. C. Securities Commission | |
| 1993-06-08 | Affidavit, in support of the application for leave to intervene by Ontario Securities Commission of John L. Finlay (1 copy), with service | British Columbia Securities Commission |
| 1993-06-07 | Order on motion for leave to intervene, With service | |
| 1993-06-07 | Affidavit, of William L. Hess (1 copy - joint with 23107), with service | Alberta Securities Commission |
| 1993-06-07 | Motion for leave to intervene, (1 copy) (joint with 23107), with service | Alberta Securities Commission |
| 1993-05-31 | Correspondence (sent by the Court) to, from G. A. Campbell Re: application for leave to intervene by Alberta Securities Commission (joint with 23107 - FAX COPY) | |
| 1993-05-31 | Affidavit, of Robert J. Wright (included in the motion book), with service | Ontario Securities Commission |
| 1993-05-31 | Motion for leave to intervene, 2 copies, with service | Ontario Securities Commission |
| 1993-05-11 |
Decision on the motion for leave to intervene, and to make a 15 minutes oral argument,, Ma Granted, no order as to costs |
|
| 1993-05-11 | Hearing of motion for leave to intervene, 1993-05-11, and to make a 15 minutes oral argument,, Ma | |
| 1993-05-11 | Submission of motion for leave to intervene, 1993-05-11, and to make a 15 minutes oral argument,, Ma | |
| 1993-05-04 | Response to the motion for leave to intervene, of A.G. B.C. | British Columbia Securities Commission |
| 1993-05-04 | Affidavit, With service | Attorney General of British Columbia |
| 1993-05-04 | Motion for leave to intervene, With service | Attorney General of British Columbia |
| 1993-04-29 | Correspondence (sent by the Court) to, se4nt to Lenczner, Slaght, Royce, Smith, Griffin (Toronto, ON) enclosing Rule 32 | |
| 1993-04-29 | Correspondence (sent by the Court) to, sent to Avray Finlay (Victoria, BC) enclosing Rule 32 | |
| 1993-03-31 | Proof of service, of the notice of appeal | |
| 1993-03-30 | $500 security deposit paid, receipt no. 2268 | British Columbia Securities Commission |
| 1993-03-30 | Notice of appeal, 1 copy | British Columbia Securities Commission |
| 1993-03-29 | Order granting leave to appeal, With service | |
| 1993-03-11 |
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 |
|
| 1993-03-11 | Hearing of the application for leave to appeal, 1993-03-11, CJ McL Ia | |
| 1993-03-11 | All materials on application for leave submitted to the Judges, 1993-03-11, CJ McL Ia | |
| 1993-03-11 | Notice of deposit of judgment issued to all parties, Lenczner, Slaght, Royce, Smith, Griffin (Toronto, ON) | |
| 1993-03-11 | Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON) | |
| 1992-11-16 | Notice of change of solicitor, from McCarthy to Lenczner, with service | John Ivany |
| 1992-11-16 | Notice of change of solicitor, from McCarthy to Lenczner, with service | Lawrence Page |
| 1992-11-16 | Notice of change of solicitor, from McCarthy to Lenczner, with service | Murray Pezim |
| 1992-11-09 | All materials on application for leave submitted to the Judges, CJ McL I | |
| 1992-11-06 | Application for leave to appeal, as formal order of C/A filed, Completed on: 1992-11-06 | |
| 1992-11-06 | General proceeding, 5 copies of formal order of C/A | British Columbia Securities Commission |
| 1992-09-22 | Applicant's reply to respondent's argument, (Respondent Ivany) 5 copies, with service | British Columbia Securities Commission |
| 1992-09-22 | Applicant's reply to respondent's argument, (Respondents Pezim & Page) 5 copies, with service | British Columbia Securities Commission |
| 1992-09-14 | Book of authorities, 5 copies | Murray Pezim |
| 1992-09-14 | Respondent's response on the application for leave to appeal, 5 copies (joint with 23107), with service | John Ivany |
| 1992-09-14 | Respondent's response on the application for leave to appeal, 5 copies, with service | Murray Pezim |
| 1992-08-07 | $30.00 filing fee, receipt #25799 | British Columbia Securities Commission |
| 1992-08-05 | General proceeding, REFER TO FILE 23107 | |
| 1992-08-05 | Correspondence received from, from Burke-Robertson; re: formal order is forthcoming | British Columbia Securities Commission |
| 1992-08-05 | Book of authorities, 5 copies | British Columbia Securities Commission |
| 1992-08-05 | Application for leave to appeal, 5 copies of vols. 1 and 2 (missing $30.00 and formal Order of C.A.), with service, Incomplete | British Columbia Securities Commission |
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 |
|---|---|---|
| British Columbia Securities Commission | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Pezim, Murray | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| British Columbia Securities Commission | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Page, Lawrence | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| British Columbia Securities Commission | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ivany, John | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Intervener | Active |
| Ontario Securities Commission | Intervener | Active |
| Alberta Securities Commission | Intervener | Active |
| Securities Dealers Society of Ontario | Intervener | Active |
Counsel
Party: British Columbia Securities Commission
Counsel
400 - 888 Fort Street
Victoria, British Columbia
V8W 1H8
Telephone: (250) 388-6868
FAX: (250) 388-4456
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Pezim, Murray
Counsel
2300 - 130 Adelaide St.
Toronto, Ontario
M5H 3P5
Telephone: (416) 360-0023
FAX: (416) 360-1054
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Page, Lawrence
Counsel
2300 - 130 Adelaide St.
Toronto, Ontario
M5H 3P5
Telephone: (416) 360-0023
FAX: (416) 360-1054
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Ivany, John
Counsel
2300 - 130 Adelaide St.
Toronto, Ontario
M5H 3P5
Telephone: (416) 360-0023
FAX: (416) 360-1054
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General of British Columbia
Counsel
609 BROUGHTON ST
5TH FL
VICTORIA, British Columbia
V8W 1C8
Telephone: (604) 356-8877
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Ontario Securities Commission
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Alberta Securities Commission
Counsel
9833 - 109TH ST
EDMONTON, Alberta
T5K 2E8
Party: Securities Dealers Society of Ontario
Counsel
1600 - 130 King Street West
P.O. Box 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 365-1110
FAX: (416) 365-1876
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
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.
None.
Lower court rulings
Court of Appeal for British Columbia (Vancouver)
CA013373/76/77
Appeal from decision of Applicant Commission 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
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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
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