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.
23463
W.A. Stephenson Construction (Western) Ltd., et al. v. S.M. Bensler, Judge of the Provincial Court of Alberta, et al.
(Alberta) (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) |
|---|---|---|
| 1995-09-25 | Close file on Leave | |
| 1993-08-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Alberta (Calgary) | |
| 1993-08-17 | Copy of formal judgment on leave being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1993-08-17 | Copy of formal judgment on leave being prepared, McCarthy, Tétrault (Ottawa, ON) | |
| 1993-06-18 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1993-06-18 | Notice of deposit of judgment issued to all parties, McCarthy, Tétrault (Ottawa, ON) | |
| 1993-06-10 |
Judgment of the Court on the application for leave to appeal, L'HD So G, The application for leave to appeal is dismissed. Dismissed, no order as to costs |
|
| 1993-06-10 | Hearing of the application for leave to appeal, 1993-06-10, L'HD So G | |
| 1993-06-10 | All materials on application for leave submitted to the Judges, 1993-06-10, L'HD So G | |
| 1993-04-06 | Applicant's reply to respondent's argument, 5 copies, with service | W.A. Stephenson Construction (Western) Ltd. |
| 1993-04-05 | All materials on application for leave submitted to the Judges, L'HD So G | |
| 1993-03-31 | Respondent's response on the application for leave to appeal, 5 copies, with service | Martha Kostuch |
| 1993-03-22 | Correspondence received from, from Terrence J. Matchett of A.G. Alberta; re: that a stay of proceedings be entered | |
| 1993-03-19 |
Decision on the motion for a stay of execution, McL Dismissed, no order as to costs |
|
| 1993-03-19 | Hearing of motion for a stay of execution, 1993-03-19, McL | |
| 1993-03-19 | Submission of motion for a stay of execution, 1993-03-19, McL | |
| 1993-03-19 |
Decision on the motion for a stay of execution, and for an order to adjourn the application for a stay of proceedings., McL Dismissed, no order as to costs |
|
| 1993-03-19 | Hearing of motion for a stay of execution, 1993-03-19, and for an order to adjourn the application for a stay of proceedings., McL | |
| 1993-03-19 | Submission of motion for a stay of execution, 1993-03-19, and for an order to adjourn the application for a stay of proceedings., McL | |
| 1993-03-18 | Correspondence received from, (original) from Robert H. Davidson; re: that the motion for stay of proceedings scheduled for March 19/93 be adjourned sine die | W.A. Stephenson Construction (Western) Ltd. |
| 1993-03-15 | Correspondence received from, (by fax) of Robert H. Davidson requesting that the motion for Stay of Proceedings returnable on March 19, 1993 be adjourned sine die | W.A. Stephenson Construction (Western) Ltd. |
| 1993-03-12 | Correspondence received from, of Allan E. Domes (Milner Fenerty) to Mr. M. David Gates (Department of Justice of Canada) | |
| 1993-03-12 | Correspondence received from, of Allan E. Domes (Milner Fenerty) to Mr. Terry Matchett (Attorney General of Alberta) | |
| 1993-03-12 | Correspondence received from, of Allan E. Domes (Milner Fenerty) to Ms. Lorraine Miles of the Provincial Court of Alberta | |
| 1993-03-12 | Correspondence received from, of Allan E. Domes (Milner Fenerty) to advise the Court that Her Honor Judge S.M. Bensler has not been represented, nor taken part, in any of the proceedings | W.A. Stephenson Construction (Western) Ltd. |
| 1993-03-12 | Book of authorities, 5 copies | W.A. Stephenson Construction (Western) Ltd. |
| 1993-03-12 | Book of authorities, 2 copies (for motion for STAY only) | W.A. Stephenson Construction (Western) Ltd. |
| 1993-03-12 | $30.00 filing fee, #26757 | W.A. Stephenson Construction (Western) Ltd. |
| 1993-03-12 | Motion for a stay of execution, RETURNABLE 1993/03/19 (joint with application book) 7 copies, with service | W.A. Stephenson Construction (Western) Ltd. |
| 1993-03-12 | Application for leave to appeal, 7 copies of vol. I & II, with service, Completed on: 1993-03-12 | W.A. Stephenson Construction (Western) Ltd. |
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 |
|---|---|---|
| W.A. Stephenson Construction (Western) Ltd. | Applicant | Active |
| S.C.I. Engineering and Constructors Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bensler, Judge of the Provincial Court of Alberta, S.M. | Respondent | Active |
| Kostuch, Martha | Respondent | Active |
Counsel
Party: W.A. Stephenson Construction (Western) Ltd.
Counsel
Allan E. Domes
10138 - 121 ST
EDMONTON, Alberta
T5N 1K4
Telephone: (403) 482-5496
FAX: (403) 482-1930
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813
Party: S.C.I. Engineering and Constructors Inc.
Counsel
10138 - 121 ST
EDMONTON, Alberta
T5N 1K4
Telephone: (403) 482-5496
FAX: (403) 482-1930
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813
Party: Bensler, Judge of the Provincial Court of Alberta, S.M.
This party is not represented by counsel.
Party: Kostuch, Martha
Counsel
CALGARY, Alberta
T2R 1M1
Telephone: (403) 237-0669
FAX: (403) 233-7181
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 Queen’s Bench of Alberta
x
Order: summons issued to the applicants set aside
Court of Appeal of Alberta (Edmonton)
x
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
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