Case information
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23395
Larry Bell, et al. v. Greenhills Workers' Association, 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) |
|---|---|---|
| 1997-09-16 | Appeal closed | |
| 1994-04-25 | Payment out cheque issued, cheque #2202-09500576 dated Oct 21/93 for $511.55 paid out to Farris, Vaughan, Wills & Murphy | |
| 1993-10-22 | Certificate of taxation issued to, gowling | |
| 1993-10-22 | Decision on the bill of costs, by the registrar at $14,164.75 | |
| 1993-10-07 | Approved order for payment out, to be sent to Farris, Vaughan, Wills & Murphy (Vancouver, BC) | |
| 1993-07-29 | Copy of formal judgment being prepared, Lang, Michener (Ottawa, ON) | |
| 1993-07-29 | Copy of formal judgment being prepared, Perley-Robertson, Panet, Hill & McDougall (Ottawa, ON) | |
| 1993-07-29 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1993-07-29 | Copy of formal judgment being prepared, McCarthy, Tétrault (Ottawa, ON) | |
| 1993-07-28 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1993-07-22 | Correspondence (sent by the Court) to, sent to Court of Appeal of B.C., enclosing their record | |
| 1993-07-12 | Close file on Leave | |
| 1993-06-08 |
Judgment on the appeal rendered, CJ So McL Ia Ma Allowed, no order as to costs |
|
| 1993-06-08 | Hearing of the appeal, 1993-06-08, CJ So McL Ia Ma | |
| 1993-06-07 | Correspondence (sent by the Court) to, from Henry Brown Re: the counsel of the appellant will object at the beginning of the appeal to the respondent addressing the issue of jurisdiction (TO BE DISTRIBUTED TO THE JUDGES) | |
| 1993-06-01 | Book of authorities, 10 copies, with service | Greenhills Workers' Association |
| 1993-06-01 | Respondent's factum, 24 copies, with service | Greenhills Workers' Association |
| 1993-05-26 | Book of authorities, 10 copies | Larry Bell |
| 1993-05-25 | Proof of service, (3 COPIES) of the appellant's factum | |
| 1993-05-18 | Proof of service, (of the appellant's factum - United Mine Workers of America Int. Union and United Mine Workers of America, Local 7292) | |
| 1993-05-10 | Correspondence (sent by the Court) to, of Mr. Jack Giles (Ferris, Vaughan) to advise the Courtthat this case does not involve a constitutional issue | |
| 1993-05-07 | Appellant's factum, 24 copies | United Mine Workers of America International Union and United Mine Workers of America, Local 7292 |
| 1993-05-04 | Appellant's factum, 24 copies | Larry Bell |
| 1993-04-29 | Appeal court record, (accordeon) | |
| 1993-04-29 | Correspondence (sent by the Court) to, sent to MacKinlay, Blaxland, Milden (Vancouver, BC) enclosing Rule 32 | |
| 1993-04-29 | Correspondence (sent by the Court) to, sent to Lang, Michener (Ottawa, ON) enclosing Rule 32 | |
| 1993-04-29 | Correspondence (sent by the Court) to, sent to Gowling, Strathy & Henderson (Ottawa, ON) enclosing Rule 32 | |
| 1993-04-29 | Correspondence (sent by the Court) to, sent to McCarthy, Tétrault (Ottawa, ON) enclosing Rule 32 | |
| 1993-04-29 | Correspondence (sent by the Court) to, sent to Lindsay Kenney (Vancouver, BC) enclosing Rule 32 | |
| 1993-04-29 | Correspondence (sent by the Court) to, sent to McCarthy Tétrault (Calgary, AB) enclosing Rule 32 | |
| 1993-04-29 | Correspondence (sent by the Court) to, sent to Farris, Vaughan, Wills & Murphy (Vancouver BC) enclosing Rule 32 | |
| 1993-04-28 | Order on motion to expedite the appeal, With service | |
| 1993-04-23 | Appeal hearing scheduled, 1993-06-08 | |
| 1993-04-20 | Correspondence (sent by the Court) to, (by fax) from Lang, Michener; re: appeal to be heard on June 8/93 | |
| 1993-04-20 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, Appeal is to be heard on June 8, 1993. Granted, no order as to costs |
|
| 1993-04-20 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1993-04-20, Appeal is to be heard on June 8, 1993. | |
| 1993-04-20 | Hearing of motion to expedite the appeal, 1993-04-20, Appeal is to be heard on June 8, 1993. | |
| 1993-04-20 | Submission of motion to expedite the appeal, 1993-04-20, Appeal is to be heard on June 8, 1993. | |
| 1993-04-19 | General proceeding, to note a PRAECIPE to request the transmission of the Court of Appeal files to the SCC | Larry Bell |
| 1993-04-19 | Certified casebook, vol. I & II | Larry Bell |
| 1993-04-15 | Proof of service, of the Case on Apeal on Respondent Greenhills Workers' (Lang Michener) admitted on April 14, 1993 | |
| 1993-04-15 | Agreement as to contents of case | Larry Bell |
| 1993-04-14 | Response to motion to expedite the appeal, (letterform) | United Mine Workers of America International Union and United Mine Workers of America, Local 7292 |
| 1993-04-14 | Affidavit, 2 copies; Angela E. Thiele, with service | Greenhills Workers' Association |
| 1993-04-14 | Affidavit, 2 copies; Eric Cable, with service | Greenhills Workers' Association |
| 1993-04-14 | Affidavit, 2 copies; Angela E. Thiele, with service | Greenhills Workers' Association |
| 1993-04-14 | Motion to expedite the appeal, 2 copies, with service | Greenhills Workers' Association |
| 1993-04-14 | Case on appeal, 23 copies of vol. I & II | Larry Bell |
| 1993-04-05 | Proof of service, of Notice of Appeal, with service | |
| 1993-03-31 | Order granting leave to appeal, With service | |
| 1993-03-30 | Proof of service, of Notice of Appeal | |
| 1993-03-30 | Notice of appeal | Larry Bell |
| 1993-03-29 | $500 security deposit paid, direction #2265 | Larry Bell |
| 1993-03-25 | Notice of deposit of judgment issued to all parties, McCarthy, Tétrault (Ottawa, ON) | |
| 1993-03-25 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1993-03-25 | Notice of deposit of judgment issued to all parties, Lang, Michener (Ottawa, ON) | |
| 1993-03-25 | Notice of deposit of judgment issued to all parties, MacKinlay, Blaxland, Milden (Vancouver, BC) | |
| 1993-03-18 | Correspondence received from, (original) from MacKinlay, Blaxland; re: requestin g an early determination by the Court | Three Hundred Non-Union Employees |
| 1993-03-18 |
Decision on the motion to quash the appeal, Westar Mining Ltd. (Re), [1993] 1 S.C.R. 890, So Co McL Ia Ma Dismissed, no order as to costs |
|
| 1993-03-18 |
Judgment of the Court on the application for leave to appeal, So Co McL Ia Ma, The respondent Greenhills Workers' Association moved to quash the applications for leave to appeal brought by the applicants on the ground that this Court had no jurisdiction to grant leave to appeal from the refusal of a provincial appellate court to grant leave to appeal to that court on a matter arising under the Companies Creditors' Arrangements Act, R.S.C. 1985, C-35 ("CCAA"). We are all of the view that this Court does have jurisdiction. Section 15(1) of the CCAA provides that an appeal from a provincial court of highest resort lies to this court upon leave being granted by this Court and s.15(2) further states that this Court has "jurisdiction to hear and decide according to its own procedure any appeal under subsection (1)". In the absence of any restrictions placed by the CCAA upon the jurisdiciton of this court to grant leave to appeal, the reasoning in MacDonald v. City of Montreal, [1986] 1 S.C.R. 460 applies such that this Court has a discretion to grant leave to appeal from a decision of a provincial appellate court refusing leave to appeal to that court and to hear the appeal on the merits. The motion to quash tha applications for leave to appeal is dismissed and the applications for leave to appeal are granted. Granted, no order as to costs |
|
| 1993-03-16 | General proceeding, transcripts received and distributed to the judges (58 pages) | |
| 1993-03-15 | Correspondence received from, from MacKinlay; re: when can we expect a decision on the stay sent to So Co McL I Maj March 18, 1993 | Three Hundred Non-Union Employees |
| 1993-03-01 |
Hearing of the application for leave to appeal, 1993-03-01, So Co McL Ia Ma Decision reserved |
|
| 1993-03-01 |
All materials on application for leave submitted to the Judges, 1993-03-01, So Co McL Ia Ma Decision reserved |
|
| 1993-03-01 | Appeal perfected for hearing, Session beginning on 1993-04-26 | |
| 1993-03-01 |
Hearing of the motion to quash, 1993-03-01, So Co McL Ia Ma Decision reserved |
|
| 1993-03-01 |
Submission of motion to quash, 1993-03-01, So Co McL Ia Ma Decision reserved |
|
| 1993-02-25 | Order issued on motion for a stay of execution, With service | |
| 1993-02-25 | Order issued on motion for a stay of execution, With service | |
| 1993-02-25 | General proceeding, sent to So, Co, McL, I, Maj from C. Alain re: Applicant's application for leave to appeal. | |
| 1993-02-24 | Motion to quash, inside respondent argument on leave application. | Greenhills Workers' Association |
| 1993-02-24 | Application for leave to appeal, Completed on: 1993-02-24 | |
| 1993-02-24 | Book of authorities, 5 copies | Greenhills Workers' Association |
| 1993-02-24 | Respondent's response on the application for leave to appeal, and to quash the application for leave to appeal 5 copies, | Greenhills Workers' Association |
| 1993-02-18 | Court of Appeal casebooks and transcripts of evidence, 6 copies | |
| 1993-02-18 | Application for leave to appeal, 10 copies (no proof of service), Incomplete | Larry Bell |
| 1993-02-18 | Book of authorities, 5 copies | United Mine Workers of America International Union and United Mine Workers of America, Local 7292 |
| 1993-02-18 | Application for leave to appeal, 5 copies, Completed on: 1993-02-18 | United Mine Workers of America International Union and United Mine Workers of America, Local 7292 |
| 1993-02-03 |
Decision on the motion for a stay of execution, until the application for leave to appeal has been disposed of in this court and if leave is granted until the appeal is disposed of. The applicants are to file material on leave application within 2 weeks, and response within 1 week., So Granted, no order as to costs |
|
| 1993-02-03 | Hearing of motion for a stay of execution, 1993-02-03, until the application for leave to appeal has been disposed of in this court and if leave is granted until the appeal is disposed of. The applicants are to file material on leave application within 2 weeks, and response within 1 week., So | |
| 1993-02-03 | Submission of motion for a stay of execution, 1993-02-03, until the application for leave to appeal has been disposed of in this court and if leave is granted until the appeal is disposed of. The applicants are to file material on leave application within 2 weeks, and response within 1 week., So | |
| 1993-02-03 |
Decision on the motion for a stay of execution, until the application for leave to appeal in this Court has been disposed of and if leave is granted until the appeal is disposed of. The applicant is to file materials on leave application within 2 weeks and the response within 1 week., So Granted, no order as to costs |
|
| 1993-02-03 | Hearing of motion for a stay of execution, 1993-02-03, until the application for leave to appeal in this Court has been disposed of and if leave is granted until the appeal is disposed of. The applicant is to file materials on leave application within 2 weeks and the response within 1 week., So | |
| 1993-02-03 | Submission of motion for a stay of execution, 1993-02-03, until the application for leave to appeal in this Court has been disposed of and if leave is granted until the appeal is disposed of. The applicant is to file materials on leave application within 2 weeks and the response within 1 week., So | |
| 1993-02-02 | General proceeding, Brief of Authorities | Greenhills Workers' Association |
| 1993-02-02 | General proceeding, Application and Memorandum of Argument | Greenhills Workers' Association |
| 1993-02-01 | Other documents on motion for a stay of execution, (of Charles J. Meagher), with service | |
| 1993-02-01 | Notice of application for leave to appeal, With service | United Mine Workers of America International Union and United Mine Workers of America, Local 7292 |
| 1993-02-01 | Motion for a stay of execution, RETURNABLE FEB. 3, 1993, with service | United Mine Workers of America International Union and United Mine Workers of America, Local 7292 |
| 1993-01-28 | Other documents on motion for a stay of execution, AFFIDAVIT OF ROBERT P. SLOMAN (2 copies) | |
| 1993-01-28 | $30.00 filing fee, #26513 | Larry Bell |
| 1993-01-28 | Notice of application for leave to appeal, (2 copies) | Larry Bell |
| 1993-01-28 | Motion for a stay of execution, RETURNABLE Feb. 3, 1993 (2 copies) | Larry Bell |
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 |
|---|---|---|
| Bell, Larry | Applicant | Active |
| Chase, Robert | Applicant | Active |
| Dolezal, Peter | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Greenhills Workers' Association | Respondent | Active |
| Three Hundred Non-Union Employees | Respondent | Active |
| United Mine Workers of America International Union and United Mine Workers of America, Local 7292 | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| United Mine Workers of America International Union and United Mine Workers of America, Local 7292 | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bell, Larry | Respondent | Active |
| Chase, Robert | Respondent | Active |
| Dolezal, Peter | Respondent | Active |
| Greenhills Workers' Association | Respondent | Active |
| Three Hundred Non-Union Employees | Respondent | Active |
Counsel
Party: Bell, Larry
Counsel
2600 - 700 Georgia St West
Box 10026
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 684-9151
FAX: (604) 661-9349
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Chase, Robert
Counsel
2600 - 700 Georgia St West
Box 10026
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 684-9151
FAX: (604) 661-9349
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Dolezal, Peter
Counsel
2600 - 700 Georgia St West
Box 10026
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 684-9151
FAX: (604) 661-9349
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: United Mine Workers of America International Union and United Mine Workers of America, Local 7292
Counsel
Gwen Randall
3200 - 421, 7TH AVE SW
CALGARY, Alberta
T2P 4K9
Telephone: (403) 260-3500
FAX: (403) 260-3501
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386
Party: Greenhills Workers' Association
Counsel
Angela E. Thiele
Frank G. Potts
1700 - 700 PENDER ST W
VANCOUVER, British Columbia
V6C 1G8
Telephone: (604) 687-1323
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Party: Three Hundred Non-Union Employees
Counsel
Michael T.L. Blaxland
Gwen K. Randall
408 - 145 CHADWICK CRT
NORTH VANCOUVER, British Columbia
V7M 3K1
Telephone: (604) 988-6321
Agent
830 - 99 Bank St
Ottawa, Ontario
K1P 6C1
Telephone: (613) 238-2022
FAX: (613) 238-8775
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.
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Lower court rulings
Supreme Court of British Columbia
x
Application to pay additional funds intothe trust fund dismissed
Court of Appeal for British Columbia (Vancouver)
x
Application for review of Southin J.A.'sorder 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
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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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