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.
23398
Mary Tataryn v. Edward James Tataryn, Executor named in the Will of Alex Tataryn, a.k.a. Alex Tataryn and Alexander
(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) |
|---|---|---|
| 1997-08-07 | Appeal closed | |
| 1995-09-25 | Close file on Leave | |
| 1995-09-18 | Certificate of taxation issued to, Nelligan, Power | |
| 1995-09-15 | Late taxation on the bill of costs, by the Deputy Registrar at $5,718.57 | |
| 1995-09-14 | Correspondence received from, (by fax) from Osler; re: consents to the Bill of Costs in the amount $5,873.65 | Mary Tataryn |
| 1995-08-25 | Fee on taxation $30.00, receipt #30574 | Edward James Tataryn, Executor named in the Will of Alex Tataryn, a.k.a. Alex Tataryn and Alexander |
| 1995-07-12 | Record returned to the Registrar of the Court of Appeal, (1 box) | |
| 1994-11-21 | Copy of formal judgment on leave being prepared, Nelligan, Power (Ottawa, ON) | |
| 1994-11-21 | Copy of formal judgment on leave being prepared, Osler, Hoskin & Harcourt (Ottawa, ON) | |
| 1994-11-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, British Columbia (Vancouver) | |
| 1994-10-06 | Decision on the motion for a re-hearing of the appeal, ON THE ISSUE OF COST (The application for a rehearing is dismissed.) | |
| 1994-09-08 | Reply to the response to the motion for a re-hearing of the appeal, 10 copies sent to LaF L'HD G Co McL I Ma, Sept. 9, 1994, with service | Edward James Tataryn, Executor named in the Will of Alex Tataryn, a.k.a. Alex Tataryn and Alexander |
| 1994-08-26 | Response to the motion for a re-hearing of the appeal, ON THE ISSUE OF COST 10 copies sent to LaF L'HD G Co McL I Ma, Aug 29/94, with service | Mary Tataryn |
| 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, Nelligan, Power (Ottawa, ON) | |
| 1994-08-22 | Copy of formal judgment being prepared, Osler, Hoskin & Harcourt (Ottawa, ON) | |
| 1994-08-15 | Motion for a re-hearing of the appeal, ON THE ISSUE OF COST 10 copies sent to LaF L'HD G Co McL I Ma, Aug 16/94, with service | Edward James Tataryn, Executor named in the Will of Alex Tataryn, a.k.a. Alex Tataryn and Alexander |
| 1994-07-18 | Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa, ON) | |
| 1994-07-18 | Notice of deposit of judgment sent to all parties, Osler, Hoskin & Harcourt (Ottawa, ON) | |
| 1994-07-14 |
Judgment on the appeal rendered, LaF L'HD G Co McL Ia Ma, The appeal is allowed and the following order is substituted for that of the trial judge: 1. To Mrs. Tataryn: a) Title to the matrimonial home; b) A life interest in the rental property; c) The entire residue of the estate after payment of the immediate gifts to the sons. 2. To each son: an immediate gift of $10,000; 3. Upon the death of Mrs. Tataryn: the rental property to be divided between John and Edward in the shares suggested by the trial judge for division of the residue, being one-third to John and two-thirds to Edward. 4. Costs from the estate. Allowed, no order as to costs |
|
| 1994-05-11 | General proceeding, transcript received and distributed to the justices (72 pages) | |
| 1994-05-03 |
Hearing of the appeal, 1994-05-03, LaF L'HD G Co McL Ia Ma Decision reserved |
|
| 1994-04-27 | Appeal hearing | |
| 1994-04-26 | Appeal removed from the list | |
| 1994-04-21 | Correspondence (sent by the Court) to, of Anne Malek (Nelligan Power) re duration of argument of the appeal | |
| 1994-04-19 | Correspondence (sent by the Court) to, (by fax) from David K. Wilson; re: Rhys Davies will be 1 hour for his submission on May 3/94 (original filed on April 21/94) | |
| 1994-04-19 | Book of authorities, JOINT 10 copies | Mary Tataryn |
| 1994-03-30 |
Appeal hearing scheduled, 1994-05-03 Decision reserved |
|
| 1994-03-04 | Proof of service, of reduced Case on Appeal | |
| 1994-02-28 | Case on appeal, REDUCED 12 copies (see order of the Registrar of Sept. 27/93) | Mary Tataryn |
| 1994-02-24 | Order on motion to extend time, to file the factum to Feb 25/94 | |
| 1994-02-24 |
Decision on motion to extend time, to file the factum to Feb 25/94, DeRg Granted, no order as to costs |
|
| 1994-02-24 | Hearing of motion to extend time, 1994-02-24, to file the factum to Feb 25/94, DeRg | |
| 1994-02-24 | Submission of motion to extend time, 1994-02-24, to file the factum to Feb 25/94, DeRg | |
| 1994-02-23 | Response to motion to extend time, to file the respondent's factum to Feb. 25, 1994 | Mary Tataryn |
| 1994-02-23 | Affidavit, to file the respondent's factum to Feb. 25, 1994 (Robin J. Stewart) | Edward James Tataryn, Executor named in the Will of Alex Tataryn, a.k.a. Alex Tataryn and Alexander |
| 1994-02-23 | Motion to extend time, to file the respondent's factum to Feb. 25, 1994 | Edward James Tataryn, Executor named in the Will of Alex Tataryn, a.k.a. Alex Tataryn and Alexander |
| 1994-02-23 | Respondent's factum, 24 COPIES (EXTENSION OF TIME REQUESTED), with service | Edward James Tataryn, Executor named in the Will of Alex Tataryn, a.k.a. Alex Tataryn and Alexander |
| 1994-02-16 | Correspondence (sent by the Court) to, from David Wilson re: the lawyers will not be available for the hearing during the month of June (original received on Feb.19, 1994) | |
| 1994-02-14 | Notice of hearing, With service | Mary Tataryn |
| 1994-02-07 | Case on appeal, ENTRY FOR THE PURPOSE OF RUNNING A REPORT ONLY- SEE ORDER OF THE REGISTRAR OF SEPT. 27/93 | Mary Tataryn |
| 1994-02-03 | Appeal perfected for hearing, Session beginning on 1994-04-25 | |
| 1993-12-06 | Appellant's factum, 24 copies, with service | Mary Tataryn |
| 1993-12-06 | Response to motion to extend time, to serve and file the appellant's factum to Dec. 6/93 | Edward James Tataryn, Executor named in the Will of Alex Tataryn, a.k.a. Alex Tataryn and Alexander |
| 1993-12-06 | Affidavit, to serve and file the factum to Dec. 6/93; Jane M. Jago, with service | Mary Tataryn |
| 1993-12-06 | Motion to extend time, to serve and file the factum to Dec. 6/93, with service | Mary Tataryn |
| 1993-12-06 | Order on motion to extend time, to file the factum to Dec 6/93 | |
| 1993-12-06 |
Decision on motion to extend time, to file factum to Dec 6/93, with service, Reg Granted, no order as to costs |
|
| 1993-12-06 | Hearing of motion to extend time, 1993-12-06, to file factum to Dec 6/93, with service, Reg | |
| 1993-12-06 | Submission of motion to extend time, 1993-12-06, to file factum to Dec 6/93, with service, Reg | |
| 1993-10-18 | Appeal court record, (accordeon) | |
| 1993-10-18 | Proof of service, of Case on Appeal | |
| 1993-09-27 | Certified casebook, vol. I & II (see motion of Sept. 22/93) | Mary Tataryn |
| 1993-09-27 | Order on motion to reduce number of copies | |
| 1993-09-27 | Order on motion to extend time, for filing a single copy of the Case on Appeal to Sept. 27/93 & 12 copies of a reduced Case on Appeal to within one week of the service and filing of the Respondent's factum | |
| 1993-09-27 |
Decision on motion to extend time, to serve & file the Case on Appeal to Sept 27/93, with service, Reg Granted, no order as to costs |
|
| 1993-09-27 | Hearing of motion to extend time, 1993-09-27, to serve & file the Case on Appeal to Sept 27/93, with service, Reg | |
| 1993-09-27 | Submission of motion to extend time, 1993-09-27, to serve & file the Case on Appeal to Sept 27/93, with service, Reg | |
| 1993-09-27 |
Decision on motion to reduce number of copies, Reg Granted, no order as to costs |
|
| 1993-09-27 | Hearing of motion to reduce number of copies, 1993-09-27, Reg | |
| 1993-09-27 | Submission of motion to reduce number of copies, 1993-09-27, Reg | |
| 1993-09-23 | Response to motion to extend time, to file and serve the Case on Appeal to Sept. 27, 1993 | Edward James Tataryn, Executor named in the Will of Alex Tataryn, a.k.a. Alex Tataryn and Alexander |
| 1993-09-23 | Response to motion to reduce number of copies | Edward James Tataryn, Executor named in the Will of Alex Tataryn, a.k.a. Alex Tataryn and Alexander |
| 1993-09-22 | Affidavit, (1 complete copy and 12 reduced copies); Rhys Davies | Mary Tataryn |
| 1993-09-22 | Motion to reduce number of copies, (1 complete copy and 12 reduced copies | Mary Tataryn |
| 1993-09-22 | Affidavit, to serve and file the Case on Appeal to Sept. 27/93; Rhys Davies | Mary Tataryn |
| 1993-09-22 | Motion to extend time, to serve and file the Case on Appeal to sept. 27/93 | Mary Tataryn |
| 1993-07-28 | Correspondence (sent by the Court) to, from J.J.M. Edwards advising that Nelligan & Power will be the Ottawa Agent for the respondent | |
| 1993-06-17 | Order granting leave to appeal, With service | |
| 1993-06-16 | $500 security deposit paid, 1 copy, with service | Mary Tataryn |
| 1993-06-16 | Notice of appeal, 1 copy, with service | Mary Tataryn |
| 1993-06-10 | $500 security deposit paid, direction #2273 | Mary Tataryn |
| 1993-05-27 |
Judgment of the Court on the application for leave to appeal, CJ McL Ma, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1993-05-27 | Hearing of the application for leave to appeal, 1993-05-27, CJ McL Ma | |
| 1993-05-27 | All materials on application for leave submitted to the Judges, 1993-05-27, CJ McL Ma | |
| 1993-05-27 | Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt (Ottawa, ON) | |
| 1993-05-27 | Notice of deposit of judgment issued to all parties, McLachlan Brown Anderson (Vancouver, BC) | |
| 1993-03-08 | All materials on application for leave submitted to the Judges, CJ McL Maj | |
| 1993-03-05 | Application for leave to appeal, Completed on: 1993-03-05 | |
| 1993-03-02 | General proceeding, 5 copies of page 17 to be amended in the response | Edward James Tataryn, Executor named in the Will of Alex Tataryn, a.k.a. Alex Tataryn and Alexander |
| 1993-02-25 | Proof of service, of reply | |
| 1993-02-17 | Applicant's reply to respondent's argument, 5 copies, with service | Mary Tataryn |
| 1993-02-16 | Proof of service, of the respondent's response | |
| 1993-02-10 | Respondent's response on the application for leave to appeal, 5 copies, with service | Edward James Tataryn, Executor named in the Will of Alex Tataryn, a.k.a. Alex Tataryn and Alexander |
| 1993-02-05 | Correspondence received from, sent to Osler, Hoskin (Ottawa,ON) Re: acknowledge receipt of application for leave to appeal. Regret to advise that material does not comply with the rules of this Court as Lower Court judgments missing. Leave will not be referred until material compli | |
| 1993-01-22 | $30.00 filing fee, receipt #26482 | Mary Tataryn |
| 1993-01-22 | Application for leave to appeal, 5 copies (missing formal order of C.A.), with service, Incomplete | Mary Tataryn |
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 |
|---|---|---|
| Tataryn, Mary | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Tataryn, Executor named in the Will of Alex Tataryn, a.k.a. Alex Tataryn and Alexander, Edward James | Respondent | Active |
Counsel
Party: Tataryn, Mary
Counsel
H. Rhys Davies
Davis & Company
2800 PARK PLACE
666 BURRARD ST
VANCOUVER, British Columbia
V6C 2Z7
Telephone: (604) 687-9444
2800 PARK PLACE
666 BURRARD ST
VANCOUVER, British Columbia
V6C 2Z7
Telephone: (604) 687-9444
Agent
Michael L. Phelan
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867
Party: Tataryn, Executor named in the Will of Alex Tataryn, a.k.a. Alex Tataryn and Alexander, Edward James
Counsel
Robin J. Stewart
McLachlan Brown Anderson
1001 - 601 BROADWAY AVE W
VANCOUVER, British Columbia
V5Z 4C2
Telephone: (604) 873-4351
FAX: (604) 873-5733
1001 - 601 BROADWAY AVE W
VANCOUVER, British Columbia
V5Z 4C2
Telephone: (604) 873-4351
FAX: (604) 873-5733
Agent
J.J. Mark Edwards
Nelligan Power
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
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
May 10, 1991
Supreme Court of British Columbia
A890990
Supreme Court of British Columbia
A890990
granted
November 26, 1992
Court of Appeal for British Columbia (Vancouver)
CA014075
Court of Appeal for British Columbia (Vancouver)
CA014075
Appeal is dismissed
Memorandums of argument on application for leave to appeal
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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.
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Date modified: 2025-05-13