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.
23159
Brian Gibney v. Douglas Mercer Gilliland, 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 | |
| 1994-07-25 | Correspondence (sent by the Court) to, sent to C/A of BC (Vancouver, BC) enclosing their record (1 env. exhibit no. 1 - blueprint of swimming pool) | |
| 1994-07-22 | Correspondence (sent by the Court) to, sent to C/A of BC (Vancouver, BC) enclosing their record | |
| 1994-03-17 | Copy of formal judgment being prepared, O'Grady & Young (Ottawa, ON) | |
| 1994-03-17 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-03-08 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1994-02-22 |
Judgment on the appeal rendered, LaF So G Co McL Ia Ma Dismissed, with costs |
|
| 1994-02-22 | Hearing of the appeal, 1994-02-22, LaF So G Co McL Ia Ma | |
| 1994-02-15 | Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument | |
| 1994-02-04 | Book of authorities, 10 copies (joint) | Brian Gibney |
| 1994-01-21 | Appeal hearing scheduled, 1994-02-22 | |
| 1994-01-13 | Notice of hearing, With service | Brian Gibney |
| 1993-11-18 | Correspondence (sent by the Court) to, (by fax) of Robert Duncan Ross to inquire of the date of hearing of the appeal | |
| 1993-10-18 | Order on motion to extend time, to file respondents' factum to Oct 15/93 | |
| 1993-10-15 | Proof of service, of factum | |
| 1993-10-14 |
Decision on motion to extend time, to file respondent's factum to Oct 15/93, Reg Granted, no order as to costs |
|
| 1993-10-14 | Hearing of motion to extend time, 1993-10-14, to file respondent's factum to Oct 15/93, Reg | |
| 1993-10-14 | Submission of motion to extend time, 1993-10-14, to file respondent's factum to Oct 15/93, Reg | |
| 1993-10-13 | Response to motion to extend time, to file the respondent's factum | Brian Gibney |
| 1993-10-13 | Affidavit, to file the factum to Oct. 13/93; Timothy J. Maledy | Douglas Mercer Gilliland |
| 1993-10-13 | Motion to extend time, to file the response to Oct. 13/93 | Douglas Mercer Gilliland |
| 1993-10-13 | Respondent's factum, 24 copies (extension of time requested) | Douglas Mercer Gilliland |
| 1993-09-15 | Appeal perfected for hearing, Session beginning on 1994-01-24 | |
| 1993-07-21 | Appellant's factum, 24 copies (21 copies sent for corrections on August 24, 1993 and returned on August 25, 1993), with service | Brian Gibney |
| 1993-06-01 | Appeal court record, (accordeon) (exhibits 30 and 31 received July 5/93 ) | |
| 1993-06-01 | Certified casebook, of vol. 1 and 2, with service | Brian Gibney |
| 1993-05-27 | General proceeding, to note 10 copies of Exhibit no:1 (Blueprint of swimming pool) (returned June 8 for colouring) - returned to us on Aug. 04/93; blue print and 2 colour photo | Brian Gibney |
| 1993-05-17 | Notice of deposit of security, (1 copy), with service | |
| 1993-05-03 | Case on appeal, 23 copies of vol. I & II | Brian Gibney |
| 1993-04-26 | $500 security deposit paid, direction #2272 | Brian Gibney |
| 1993-04-26 | Correspondence (sent by the Court) to, sent to Robert Duncan Ross, Q.C. (Vancouver, BC) re: Rule 32 enclosed | |
| 1993-04-26 | Correspondence (sent by the Court) to, sent to Watson, Goepel & Maledy (Vancouver, BC) re: Rule 32 enclosed | |
| 1993-03-11 | Order granting leave to appeal, With service | |
| 1993-02-26 | Proof of service, of the Notice of Appeal | |
| 1993-02-26 | Notice of appeal | Brian Gibney |
| 1993-02-08 | Notice of deposit of judgment issued to all parties, O'Grady & Young (Ottawa,ON) | |
| 1993-02-05 | Notice of deposit of judgment issued to all parties, Robert Duncan Ross, Q.C. (Vancouver,BC) | |
| 1993-02-04 |
Judgment of the Court on the application for leave to appeal, LaF So Co, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1993-02-04 | Hearing of the application for leave to appeal, 1993-02-04, LaF So Co | |
| 1993-02-04 | All materials on application for leave submitted to the Judges, 1993-02-04, LaF So Co | |
| 1992-11-09 | All materials on application for leave submitted to the Judges, LaF So Co | |
| 1992-11-04 | Proof of service, of the response | |
| 1992-10-07 | Application for leave to appeal, as formal trial and appeal court order filed, Completed on: 1992-10-07 | |
| 1992-10-07 | General proceeding, 5 copies of trial and appeal court Orders | Brian Gibney |
| 1992-09-30 | Respondent's response on the application for leave to appeal, 5 copies | Douglas Mercer Gilliland |
| 1992-09-18 | Correspondence received from, sent to Robert Duncan Ross, Q.C. (Vancouver,BC) re: acknowledge receipt of application for leave to appeal. Regret to advise that material does not compy with Court's requirements as Formal Order of Trial and Appeal missing. Application for leave will n | |
| 1992-09-15 | $30.00 filing fee, Receipt #25901 | Brian Gibney |
| 1992-09-15 | Application for leave to appeal, 5 copies (formal orders of trial division and appeal court missing), with service, Incomplete | Brian Gibney |
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 |
|---|---|---|
| Gibney, Brian | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Gilliland, Douglas Mercer | Respondent | Active |
| Gilliland, Darlene Dianne | Respondent | Active |
| Gilliland, Christopher | Respondent | Active |
| Cascade Pools (Canada) 1977 LTD. | Respondent | Active |
| Cascade Industries Incorporated | Respondent | Active |
Counsel
Party: Gibney, Brian
Counsel
Robert D. Gibbens
VANCOUVER, British Columbia
V6T 1C1
Telephone: (604) 228-9701
FAX: (604) 228-9055
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Gilliland, Douglas Mercer
Counsel
3023 - 595 BURRARD ST
PO BOX 49096
VANCOUVER, British Columbia
V7X 1G4
Telephone: (604) 688-1301
Agent
880 - 55 Metcalfe St
Ottawa, Ontario
K1P 6L5
Telephone: (613) 563-2682
FAX: (613) 563-2485
Party: Gilliland, Darlene Dianne
Counsel
3023 - 595 BURRARD ST
PO BOX 49096
VANCOUVER, British Columbia
V7X 1G4
Telephone: (604) 688-1301
Agent
880 - 55 Metcalfe St
Ottawa, Ontario
K1P 6L5
Telephone: (613) 563-2682
FAX: (613) 563-2485
Party: Gilliland, Christopher
Counsel
3023 - 595 BURRARD ST
PO BOX 49096
VANCOUVER, British Columbia
V7X 1G4
Telephone: (604) 688-1301
Agent
880 - 55 Metcalfe St
Ottawa, Ontario
K1P 6L5
Telephone: (613) 563-2682
FAX: (613) 563-2485
Party: Cascade Pools (Canada) 1977 LTD.
This party is not represented by counsel.
Party: Cascade Industries Incorporated
This party is not represented by counsel.
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
Supreme Court of British Columbia
C883333
Applicant's action dismissed
Court of Appeal for British Columbia (Vancouver)
CA012696
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
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