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23246

B.B. Leckie, et al. v. Kathleen Swain, Administrator of the Estate of Phyllis Carol Swain, deceased, et al.

(Ontario) (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)
1997-08-15 Close file on Leave
1993-11-19 Copy of formal judgment on leave being prepared, sent to Sawers, Liswood, Scott, Hickman (Toronto, ON)
1993-11-19 Copy of formal judgment on leave being prepared, sent to Morris, Rose, Ledgett (Toronto, ON)
1993-11-19 Copy of formal judgment on leave being prepared, sent to Gowling, Strathy & Henderson (Ottawa, ON)
1993-11-19 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Ontario (Toronto)
1993-10-21 Judgment of the Court on the application for leave to appeal, LaF So Co, The application for leave to appeal is dismissed with costs.
Dismissed, with costs
1993-10-21 Hearing of the application for leave to appeal, 1993-10-21, LaF So Co
1993-10-21 All materials on application for leave submitted to the Judges, 1993-10-21, LaF So Co
1993-10-21 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1993-10-21 Notice of deposit of judgment issued to all parties, Morris, Rose, Ledgett (Toronto, ON)
1993-10-21 Notice of deposit of judgment issued to all parties, Sawers, Liswood, Scott, Hickman (Toronto, ON)
1992-12-15 General proceeding, ********* THIS FILE SHOULD BE PUT IN A HEARING GROUP WITH 23225 ONCE LEAVE IS GRANTED.*********
1992-12-15 All materials on application for leave submitted to the Judges, LaF So Co
1992-12-01 Book of authorities, 5 copies B.B. Leckie
1992-11-30 General proceeding, to note 5 copies of formal C/A order B.B. Leckie
1992-11-17 Applicant's reply to respondent's argument, 5 copies, with service B.B. Leckie
1992-11-13 Book of authorities, 5 copies Kathleen Swain, Administrator of the Estate of Phyllis Carol Swain, deceased
1992-11-13 Respondent's response on the application for leave to appeal, 5 copies, with service Kathleen Swain, Administrator of the Estate of Phyllis Carol Swain, deceased
1992-11-05 Correspondence received from, (by fax) of Roderick S. Wiltshire re date to file the Respondent's response (ORIGINAL filed on November 9, 1992) Kathleen Swain, Administrator of the Estate of Phyllis Carol Swain, deceased
1992-11-04 Affidavit, of W. Michael Thoburn in support of the leave application; 5 copies, with service B.B. Leckie
1992-10-29 Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa,ON) Re: acknowledging receipt of Application for leave to appeal. Regret to inform that material does not comply with Court's requirements as Table of Contents in the argument book missing. Leave will not be
1992-10-27 $30.00 filing fee, Receipt No. 26068 B.B. Leckie
1992-10-27 Application for leave to appeal, 5 copies of 2 volumes ( memorandum of argument and appeal book) (no table of content in the argument's book and no mention of a separate book in the table of content in the appeal book), with service (as corrections have been done), with service, Completed on: 1992-11-09 B.B. Leckie

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
Leckie, B.B. Applicant Active
Harland, P. Applicant Active

v.

Main parties - Respondents
Name Role Status
Swain, Administrator of the Estate of Phyllis Carol Swain, deceased, Kathleen Respondent Active
Coulter, Administrator of the Estate of Phyllis Carol Swain deceased, Norman Respondent Active
Swain, by his litigation Guardian Kathleen Swain, Shantell Philip Respondent Active
Sneaky, Albert David Respondent Active
Swain, Kathleen Respondent Active
Kabestra, Isaac Respondent Active
Keewatin, Andy Respondent Active
Sneaky, Nora Respondent Active
Lake of the Woods District Hospital Respondent Active

Counsel

Party: Leckie, B.B.

Counsel
Colin L. Campbell, Q.C.
2412 - 401 BAY ST
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 364-4648
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Harland, P.

Counsel
Colin L. Campbell, Q.C.
2412 - 401 BAY ST
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 364-4648
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Swain, Administrator of the Estate of Phyllis Carol Swain, deceased, Kathleen

Counsel
John A. Olthuis
Morris/ Rose/Ledgett
2700 - 161 BAY ST
TORONTO, Ontario
M5J 2S1
Telephone: (416) 863-9400
FAX: (416) 863-9500

Party: Coulter, Administrator of the Estate of Phyllis Carol Swain deceased, Norman

Counsel
John A. Olthuis
Morris/ Rose/Ledgett
2700 - 161 BAY ST
TORONTO, Ontario
M5J 2S1
Telephone: (416) 863-9400
FAX: (416) 863-9500

Party: Swain, by his litigation Guardian Kathleen Swain, Shantell Philip

Counsel
John A. Olthuis
Morris/ Rose/Ledgett
2700 - 161 BAY ST
TORONTO, Ontario
M5J 2S1
Telephone: (416) 863-9400
FAX: (416) 863-9500

Party: Sneaky, Albert David

Counsel
John A. Olthuis
Morris/ Rose/Ledgett
2700 - 161 BAY ST
TORONTO, Ontario
M5J 2S1
Telephone: (416) 863-9400
FAX: (416) 863-9500

Party: Swain, Kathleen

Counsel
John A. Olthuis
Morris/ Rose/Ledgett
2700 - 161 BAY ST
TORONTO, Ontario
M5J 2S1
Telephone: (416) 863-9400
FAX: (416) 863-9500

Party: Kabestra, Isaac

Counsel
John A. Olthuis
Morris/ Rose/Ledgett
2700 - 161 BAY ST
TORONTO, Ontario
M5J 2S1
Telephone: (416) 863-9400
FAX: (416) 863-9500

Party: Keewatin, Andy

Counsel
John A. Olthuis
Morris/ Rose/Ledgett
2700 - 161 BAY ST
TORONTO, Ontario
M5J 2S1
Telephone: (416) 863-9400
FAX: (416) 863-9500

Party: Sneaky, Nora

Counsel
John A. Olthuis
Morris/ Rose/Ledgett
2700 - 161 BAY ST
TORONTO, Ontario
M5J 2S1
Telephone: (416) 863-9400
FAX: (416) 863-9500

Party: Lake of the Woods District Hospital

Counsel
Joshua Liswood
Sawers, Liswood, Scott, Hickman
500 - 250 DUNDAS ST W
TORONTO, Ontario
M5T 2Z5
Telephone: (416) 861-0330

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

March 11, 1988
Supreme Court of Ontario

10391A/86

Order adding Applicants as defendants toaction

June 29, 1992
Court of Appeal for Ontario

x

appeal allowed

Memorandums of argument on application for leave to appeal

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 filing 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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Factums on appeal

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

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Webcasts

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Date modified: 2025-02-27