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.
23624
Winnipeg Condominium Corporation No.36 v. Bird Construction Co. Limited
(Manitoba) (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) |
|---|---|---|
| 1997-08-15 | Appeal closed | |
| 1996-01-31 | Payment out cheque issued, paid to Taylor, McCaffrey cheque dated Jan 26/96 #2201-03539152 | |
| 1996-01-18 | Approved order for payment out, to be paid out to Taylor, McCaffrey sent to Finance Jan 22/96 | |
| 1995-03-13 | Record returned to the Registrar of the Court of Appeal | |
| 1995-02-15 | Copy of formal judgment being prepared, Burke-Robertson | |
| 1995-02-15 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson | |
| 1995-02-15 | Copy of formal judgment being prepared, Scott & Aylen (Ottawa, ON) | |
| 1995-02-09 | Formal judgment sent to the registrar of the court of appeal and all parties, Manitoba (Winnipeg) | |
| 1995-01-27 | Notice of deposit of judgment sent to all parties, Burke-Robertson | |
| 1995-01-27 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1995-01-27 | Notice of deposit of judgment sent to all parties, Scott & Aylen (Ottawa, ON) | |
| 1995-01-26 |
Judgment on the appeal rendered, LaF L'HD So Co McL Ia Ma, The appeal is allowed, the decision of the Court of Appeal is reversed and the following orders are made: that the losses alleged in the statement of claim, to the extent that they may be found to constitute pure economic loss flowing from the negligence of the respondent, are recoverable from the respondent, and that the order of the learned motions judge, that the within action proceed to trial against the respondent Bird Construction Co. Ltd. with respect to the remaining issues raised in the statement of claim, is reinstated. The appellant is entitled to its costs throughout. Allowed, no order as to costs |
|
| 1994-10-25 | General proceeding, transcripts received and distributed to the judges (97 pages) | |
| 1994-10-12 |
Hearing of the appeal, 1994-10-12, LaF L'HD So Co McL Ia Ma Decision reserved |
|
| 1994-10-05 | Correspondence (sent by the Court) to, (by fax) from David I. Marr; re: himself and Roger B. King, Q.C. will be at the hearing and he will be 10 minutes for submissions (original filed on Oct. 11/94) | |
| 1994-10-03 | Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument | |
| 1994-09-29 | Book of authorities, 10 copies of vol. 1 and 2 (JOINT) | Winnipeg Condominium Corporation No.36 |
| 1994-09-14 | Notice of hearing, (1 copy), with service | Winnipeg Condominium Corporation No.36 |
| 1994-09-12 |
Appeal hearing scheduled, 1994-10-12 Decision reserved |
|
| 1994-06-30 | Intervener's factum, 24 copies (see order dated June 10, 1994), with service | Smith Carter Partners |
| 1994-06-17 | Order on motion to extend time, to file the factum to June 30/94 | |
| 1994-06-10 |
Decision on motion to extend time, to file intervener's factum to June 30/94, Reg Granted, no order as to costs |
|
| 1994-06-10 | Hearing of motion to extend time, 1994-06-10, to file intervener's factum to June 30/94, Reg | |
| 1994-06-10 | Submission of motion to extend time, 1994-06-10, to file intervener's factum to June 30/94, Reg | |
| 1994-06-09 | Order on motion for leave to intervene, oral argument limited to 10 minutes | |
| 1994-06-09 | Order on motion to extend time, to file the factum | |
| 1994-06-08 | Response to motion to extend time, to file the intervener's factum to June 30, 1994 (David Marr) - 2 copies, with service | Winnipeg Condominium Corporation No.36 |
| 1994-06-08 | Response to motion to extend time, to file the intervener's factum to June 30, 1994 (S. Green) - 2 copies, with service | Bird Construction Co. Limited |
| 1994-06-08 | Affidavit, to file the intervener's factum to June 30, 1994 (Roger B. King) - 2 copies, with service | Smith Carter Partners |
| 1994-06-08 | Motion to extend time, to file the intervener's factum to June 30, 1994 (2 copies), with service | Smith Carter Partners |
| 1994-06-03 |
Decision on motion to extend time, to file the factum to May 10/94, Reg Granted, no order as to costs |
|
| 1994-06-03 | Hearing of motion to extend time, 1994-06-03, to file the factum to May 10/94, Reg | |
| 1994-06-03 | Submission of motion to extend time, 1994-06-03, to file the factum to May 10/94, Reg | |
| 1994-06-01 | Response to motion to extend time, to file the respondent's factum to May 10/94 | Winnipeg Condominium Corporation No.36 |
| 1994-05-27 | Affidavit, to file the factum to May 10/94; Murdoch MacKay, with service | Bird Construction Co. Limited |
| 1994-05-27 | Motion to extend time, to file the factum to May 10/94, with service | Bird Construction Co. Limited |
| 1994-05-10 | Respondent's factum, 24 copies (motion to extend time requested), with service | Bird Construction Co. Limited |
| 1994-04-29 |
Decision on motion to extend time, to file the factum within two weeks of service of the Respondent's factum, Reg Granted, no order as to costs |
|
| 1994-04-29 | Hearing of motion to extend time, 1994-04-29, to file the factum within two weeks of service of the Respondent's factum, Reg | |
| 1994-04-29 | Submission of motion to extend time, 1994-04-29, to file the factum within two weeks of service of the Respondent's factum, Reg | |
| 1994-04-29 |
Decision on the motion for leave to intervene, oral argument limited to 10 minutes, Ma Granted, no order as to costs |
|
| 1994-04-29 | Hearing of motion for leave to intervene, 1994-04-29, oral argument limited to 10 minutes, Ma | |
| 1994-04-29 | Submission of motion for leave to intervene, 1994-04-29, oral argument limited to 10 minutes, Ma | |
| 1994-04-28 | General proceeding, to note 2 copies of factum on motion to intervene, with service | Smith Carter Partners |
| 1994-04-25 | Appeal perfected for hearing, Session beginning on 1994-10-03 | |
| 1994-04-25 | Affidavit, of Sidney Green, Q.C. to clarify the position of the respondent to the issues raised on the motion to intervene, with service | Bird Construction Co. Limited |
| 1994-04-07 | Proof of service, of the 2 affidavits of J.F. Taylor and Alexander Runciman) | |
| 1994-04-07 | Affidavit, in opposition to the motion to intervene of Smith Carter Partners (Alexander McInnes Runciman) 2 copies, with service | Winnipeg Condominium Corporation No.36 |
| 1994-04-07 | Affidavit, in opposition to the motion to intervene of Smith Carter Partners (J. F. Reeh Taylor, Q.C.) - 2 copies, with service | Winnipeg Condominium Corporation No.36 |
| 1994-03-24 | Correspondence (sent by the Court) to, from Henry S. Brown re: will oppose to the motion to intervene by Smith Carter Partners (fax copy) | |
| 1994-03-14 | Correspondence (sent by the Court) to, from Robert Houston; re: does not oppose the motion for intervention of Smith Carter Partners | |
| 1994-02-28 | Appellant's factum, 24 copies | Winnipeg Condominium Corporation No.36 |
| 1994-02-25 | Proof of service, of the case on appeal | |
| 1994-02-25 | Affidavit, to apply for leave to intervene; 2 copies; Roger King, with service | Smith Carter Partners |
| 1994-02-25 | Motion to extend time, to apply for leave to intervene; 2 copies, with service | Smith Carter Partners |
| 1994-02-25 | Affidavit, 2 copies; Roger King, with service | Smith Carter Partners |
| 1994-02-25 | Motion for leave to intervene, 2 copies, with service | Smith Carter Partners |
| 1994-01-28 | Appeal court record, (1 paded envelope) | |
| 1994-01-18 | Case on appeal, 24 copies | Winnipeg Condominium Corporation No.36 |
| 1994-01-18 | Certified casebook, (1 copy) | Winnipeg Condominium Corporation No.36 |
| 1993-11-09 | Order granting leave to appeal | |
| 1993-10-27 | Notice of deposit of security, With service | |
| 1993-10-22 | $500 security deposit paid, direction #2277 | Winnipeg Condominium Corporation No.36 |
| 1993-10-22 | Notice of appeal, With service | Winnipeg Condominium Corporation No.36 |
| 1993-10-14 |
Judgment of the Court on the application for leave to appeal, LaF Co Ia, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1993-10-14 | Hearing of the application for leave to appeal, 1993-10-14, LaF Co Ia | |
| 1993-10-14 | All materials on application for leave submitted to the Judges, 1993-10-14, LaF Co Ia | |
| 1993-10-14 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1993-10-14 | Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON) | |
| 1993-08-23 | Proof of service, 1 copy of reply, with service | |
| 1993-08-10 | Book of authorities, 5 copies sent to LaF Co I, August 9/93, with service | Bird Construction Co. Limited |
| 1993-08-09 | Applicant's reply to respondent's argument, 5 copies sent to LaF Co I, August 9/93 | Winnipeg Condominium Corporation No.36 |
| 1993-07-29 | Respondent's response on the application for leave to appeal, 5 copies (see order dated 21-06-93 and letter dated 19-07-93 for filing date) sent to LaF Co I, August 3/93, with service | Bird Construction Co. Limited |
| 1993-07-27 | All materials on application for leave submitted to the Judges, LaF Co I | |
| 1993-07-19 | Correspondence received from, from Taylor, McCaffrey sent to Inkster, Christie dated June 29/93; re: does not intend to file any further affidavit, the time to file the response will commence on the date of this letter | Winnipeg Condominium Corporation No.36 |
| 1993-07-16 | General proceeding, the affidavit of Alexander McInnes Runciman has been removed from the leave books by myself from the instruction of E. vanBemmel | |
| 1993-06-21 |
Decision on motion to extend time, to serve and file their response to 10 days after this application., Co Granted, no order as to costs |
|
| 1993-06-21 | Hearing of motion to extend time, 1993-06-21, to serve and file their response to 10 days after this application., Co | |
| 1993-06-21 | Submission of motion to extend time, 1993-06-21, to serve and file their response to 10 days after this application., Co | |
| 1993-06-21 |
Decision on motion to strike out, Co, from the application for leave to appeal the Afidavit of Alexander McInnes Runciman. "The affidavit filed in this matter is unsatisfactory. It is true that affidavit material may be filed to demonstrate the public importance of a matter and on occasion to advise as to what may have transpired during court hearings that is not apparent from the court records themselves. Rather than attempt to rectify this affidavit it would be preferable to expunge it without prejudice to the right of the applicant to file a fresh affidavit if so advised. An Order will go in those terms. The costs are reserved to the members of the court considering the leave application. Time to reply will commence from either the filing of the fresh affidavit or the notice that such an affidavit is not to be filed. Granted, no order as to costs |
|
| 1993-06-21 | Hearing of motion to strike out, 1993-06-21, Co | |
| 1993-06-21 | Submission of motion to strike out, 1993-06-21, Co | |
| 1993-06-11 | Affidavit, to file the respondent's response 10 days after the hearing of the motion, with service | Bird Construction Co. Limited |
| 1993-06-11 | Affidavit, (of Murdoch Mackay) the affidavit of Alexander McInnis Runciman, with service | Bird Construction Co. Limited |
| 1993-06-11 | Motion to extend time, to file the respondent's response 10 days after the hearing of the motion to strike out, with service | Bird Construction Co. Limited |
| 1993-06-11 | Motion to strike out, the affidavit of Alexander McInnes Runciman from the application for leave, with service | Bird Construction Co. Limited |
| 1993-06-08 | Correspondence received from, of Robert E. Houston, Q.C. to advise that he will bring a motion to expunge the affidavit of Mr. Alexander McInnes Runciman of the application for leave to appeal | Bird Construction Co. Limited |
| 1993-05-25 | $30.00 filing fee, #27113 | Winnipeg Condominium Corporation No.36 |
| 1993-05-25 | Application for leave to appeal, 5 copies, with service, Completed on: 1993-05-25 | Winnipeg Condominium Corporation No.36 |
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 |
|---|---|---|
| Winnipeg Condominium Corporation No.36 | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bird Construction Co. Limited | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Smith Carter Partners | Intervener | Active |
Counsel
Party: Winnipeg Condominium Corporation No.36
Counsel
Kevin T. Williams
400 ST MARY AVE
9TH FL
WINNIPEG, Manitoba
R3C 4K5
Telephone: (204) 949-1312
FAX: (204) 957-0945
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com
Party: Bird Construction Co. Limited
Counsel
700 - 444 ST MARY AVE
WINNIPEG, Manitoba
R3C 3T1
Telephone: (204) 947-6801
FAX: (204) 947-6800
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Smith Carter Partners
Counsel
10 Donald Street
Winnipeg, Manitoba
R3C 1L5
Telephone: (204) 942-3311
FAX: (204) 943-7997
Email: dimarr@campbellmarr.com
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
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
Court of Queen’s Bench of Manitoba
CI 90-01-46000
motion dismissed
Court of Appeal of Manitoba
AI 92-30-01002
appeal 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
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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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