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.
23739
Mayfield Investments Ltd., et al. v. Gillian Stewart, 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) |
|---|---|---|
| 1995-03-22 | Record returned to the Registrar of the Court of Appeal | |
| 1995-02-15 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson | |
| 1995-02-15 | Copy of formal judgment being prepared, Nelligan, Power | |
| 1995-02-15 | Copy of formal judgment being prepared, Osler, Hoskin & Harcourt (Ottawa, ON) | |
| 1995-02-09 | Formal judgment sent to the registrar of the court of appeal and all parties, Alberta (Edmonton) | |
| 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, Nelligan, Power (Ottawa, ON) | |
| 1995-01-27 | Notice of deposit of judgment sent to all parties, Osler, Hoskin & Harcourt (Ottawa, ON) | |
| 1995-01-26 |
Judgment on the appeal rendered, LaF So G Co McL Ia Ma, The appeal is allowed and the action against Mayfield Investments Ltd. is dismissed with costs throughout. The cross-appeal by Gillian Stewart and Keith Stewart against the finding by the courts below that Stuart Pettie was not grossly negligent is dismissed. Allowed, no order as to costs |
|
| 1994-12-07 | Correspondence (sent by the Court) to, of the Registrar sent by fax to Ms. Patricia Wilson (Osler Hoskin); to Ed Van Bemmel (Gowling Strathy & Henderson); to Philip Warner, Q.C. (Bishop & McKenzie) and Daniel Hagg (Bryan & Company) to confirm that the Court does not wish to accept the article | |
| 1994-11-28 | Correspondence (sent by the Court) to, (by fax) from J.P. Warner; re: counsel opposite is not aware that the Court appreciates counsel bringing to their attention scholarly treatises published | |
| 1994-11-24 | General proceeding, 10 copies of an article "THE GRADUATE" | Gillian Stewart |
| 1994-11-24 | Correspondence (sent by the Court) to, from N. PhiLlip Warner to A. Roland re: enclosing 10 copies of the article "The Graduate" | |
| 1994-11-24 | Correspondence (sent by the Court) to, (by fax) from Daniel W. Hagg; re: object to further submissions being provided to the Court in this fashion (original filed Nov. 28/94) | |
| 1994-10-24 | General proceeding, transcripts received and distributed to the judges (123 pages) | |
| 1994-10-13 |
Hearing of the appeal, 1994-10-13, LaF So G Co McL Ia Ma Decision reserved |
|
| 1994-10-03 | Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument | |
| 1994-09-29 | Appeal court record, 1 box. | |
| 1994-09-29 | Trial court record, 1 box. | |
| 1994-09-26 | Book of authorities, 10 copies of vol. 1 and 2 | Mayfield Investments Ltd. |
| 1994-09-13 | Notice of hearing, With service | Mayfield Investments Ltd. |
| 1994-09-12 |
Appeal hearing scheduled, 1994-10-13 Decision reserved |
|
| 1994-09-08 | Correspondence (sent by the Court) to, of J. Philip Warner (Bishop McKenzie) to Mr. Daniel W. Hagg, Q.C. dated Sept. 2/94 re how he will use his time for pleading | |
| 1994-08-09 | Correspondence (sent by the Court) to, from Bishop & McKenzie to D. Beaulieu re: need a total of 3 hours for the argument of the appeal (fax copy) | |
| 1994-08-08 | Notice of hearing, With service | Mayfield Investments Ltd. |
| 1994-08-02 | Respondent's factum, 24 copies, with service | Stuart David Pettie |
| 1994-08-02 | Reply factum on appeal, TO THE CROSS-APPEAL 24 copies, with service | Mayfield Investments Ltd. |
| 1994-07-20 | Appellant's factum, ON SECOND APPEAL (joint with the FACTUM ON FIRST APPEAL AND FACTUM ON CROSS-APPEAL) 24 copies, with service | Gillian Stewart |
| 1994-07-20 | Appeal perfected for hearing, Session beginning on 1994-10-03 | |
| 1994-07-20 | Respondent's factum, AND FACTUM ON CROSS-APPEAL (joint with the FACTUM ON SECOND APPEAL) 24 copies, with service | Gillian Stewart |
| 1994-07-04 | Supplemental document, 24 copies of SUPPLEMENTARY CASE ON APPEAL, with service | Mayfield Investments Ltd. |
| 1994-07-04 | Appellant's factum, 24 copies, with service | Mayfield Investments Ltd. |
| 1994-06-22 | Order granting leave to cross-appeal | |
| 1994-06-16 | Notice of cross appeal, (1 copy), with service | Gillian Stewart |
| 1994-06-13 | Proof of service, of the case on appeal (Allan A. Greber) | |
| 1994-06-10 | Correspondence received from, sent to Gowling, Strathy & Henderson enclosing a copy of Notice of Deposit of judgment and formal pronouncement re: cross-appeal | |
| 1994-06-10 | Correspondence received from, sent to Osler, Hoskin & Harcourt (Ottawa, ON) enclosing copy of the Notice of Deposit of Judgment and formal pronouncement re: cross-appeal | |
| 1994-06-10 | Correspondence received from, sent to Nelligan, Power enclosing copy of the Notice of Deposit of Judgment and formal pronouncement re: cross-appeal | |
| 1994-06-03 | Certified casebook, vol. I to III | Mayfield Investments Ltd. |
| 1994-06-03 | Case on appeal, 23 copies of vol. I to III | Mayfield Investments Ltd. |
| 1994-06-02 | Judgment of the Court on the application for leave to cross-appeal | |
| 1994-04-19 | Correspondence (sent by the Court) to, from Peter R. Chomicki, Q.C.; re: do not intend to file any material on the leave to cross-appeal | |
| 1994-04-18 | Other memorandum of argument on application for leave, REPLY TO THE APPLICATION FOR CROSS-APPEAL 5 copies, with service | Gillian Stewart |
| 1994-04-13 | Other memorandum of argument on application for leave, 5 copies, with service | Mayfield Investments Ltd. |
| 1994-03-28 | Notice of cross appeal, 5 copies (referred to CJ Co I, April 19/94), with service | Gillian Stewart |
| 1994-03-15 | Proof of service, of the notice of deposit of security | |
| 1994-03-14 | Order granting leave to appeal | |
| 1994-03-14 | Order granting leave to appeal | |
| 1994-03-14 | Correspondence (sent by the Court) to, sent to Chomicki Baril (Edmonton, AB) enclosing copy of Rule 32 | |
| 1994-03-14 | Correspondence (sent by the Court) to, sent to Bishop & McKenzie (Edmonton, AB) enclosing copy of Rule 32 | |
| 1994-03-14 | Correspondence (sent by the Court) to, sent to Bryan & Company (Edmonton, AB) enclosing copy of Rule 32 | |
| 1994-03-11 | $500 security deposit paid, direction #2302 | Mayfield Investments Ltd. |
| 1994-03-11 | Notice of deposit of security, direction #2299, with service | |
| 1994-03-11 | Proof of service, of Notice of Appeal | |
| 1994-03-10 | $500 security deposit paid, direction #2299 | Gillian Stewart |
| 1994-03-10 | Notice of appeal, With service | Mayfield Investments Ltd. |
| 1994-02-11 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-02-11 | Notice of deposit of judgment issued to all parties, Bishop & McKenzie (Edmonton, AB) | |
| 1994-02-11 | Notice of deposit of judgment issued to all parties, Chomicki Baril (Edmonton, AB) | |
| 1994-02-10 |
Judgment of the Court on the application for leave to appeal, CJ Co Ia, The applications for leave to appeal are granted. Granted, no order as to costs |
|
| 1994-01-14 | Proof of service, of the applicant's reply | |
| 1994-01-07 | Correspondence received from, of Michael L. Phelan (Osler Hoskin) dated Jan. 6, 1994 to suggest that the full text of the October 5 decision is not required and that the matter can be dealt with on the basis of the existing record | Gillian Stewart |
| 1994-01-05 | Applicant's reply to respondent's argument, of Mayfield Investments Ltd. (on leave to cross- appeal) 5 copies | Gillian Stewart |
| 1994-01-04 | Affidavit, of service of the reply of Mayfield Investments Ltd. to the application for leave to cross-appeal by G. Stewart (Daniel W. Hagg) | |
| 1993-12-24 | Correspondence received from, sent to Bryan & Company (Edmonton, AB) re: application for leave relating to the supplemental reasons of the Court of Appeal | |
| 1993-12-23 | Memorandum of argument in response to the cross-appeal, 5 copies (re SECOND APPLICATION), with service | Mayfield Investments Ltd. |
| 1993-12-03 | $30.00 filing fee, #27920 (SECOND APPLICATION) | Gillian Stewart |
| 1993-11-22 | All material on the application for leave to cross-appeal submitted to the Judges | |
| 1993-11-22 | All materials on application for leave submitted to the Judges, CJ Co Ia | |
| 1993-10-27 | Book of authorities, 5 copies (joint) | Mayfield Investments Ltd. |
| 1993-10-27 | Correspondence received from, from Osler; re: changes in the response | Gillian Stewart |
| 1993-10-26 | Applicant's reply to respondent's argument, 5 copies, with service | Mayfield Investments Ltd. |
| 1993-10-22 | Affidavit, of Eric W. Single | Gillian Stewart |
| 1993-10-21 | Respondent's response on the application for leave to appeal, 5 copies | Gillian Stewart |
| 1993-10-20 | Respondent's response on the application for leave to appeal, 5 copies, with service | Stuart David Pettie |
| 1993-10-19 | Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) re: application for L/A missing Formal Appeal Ct. Judg. has not been entered | |
| 1993-10-01 | Appeal Court record, (3 copies of vol. 1 to 3) (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL) | |
| 1993-10-01 | $30.00 filing fee, receipt no. 27620 | Mayfield Investments Ltd. |
| 1993-10-01 | Application for leave to appeal, 5 copies (formal judgment of C.A. has not been entered), with service, Completed on: 1993-11-22 | Mayfield Investments 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 |
|---|---|---|
| Mayfield Investments Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Stewart, Gillian | Respondent | Active |
| Stewart, Keith | Respondent | Active |
| Pettie, Stuart David | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Stewart, Gillian | Applicant | Active |
| Stewart, Keith | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Mayfield Investments Ltd. operating as the Mayfield Inn | Respondent | Active |
| Pettie, Stuart David | Respondent | Active |
Counsel
Party: Mayfield Investments Ltd.
Counsel
2600, 10180 - 101 Street
Edmonton, Alberta
T5J 3Y2
Telephone: (780) 420-4702
FAX: (780) 428-6324
Email: dwhagg@bryanco.com
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Stewart, Gillian
Counsel
2500 - 10104, 103rd Avenue
Edmonton, Alberta
T5J 1V3
Telephone: (403) 421-2464
FAX: (403) 426-1305
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867
Party: Stewart, Keith
Counsel
2500 - 10104, 103rd Avenue
Edmonton, Alberta
T5J 1V3
Telephone: (403) 421-2464
FAX: (403) 426-1305
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867
Party: Pettie, Stuart David
Counsel
2101 - 10060 JASPER AVE NW
EDMONTON, Alberta
T5J 4K2
Telephone: (403) 423-3441
FAX: (403) 420-1763
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Party: Mayfield Investments Ltd. operating as the Mayfield Inn
Counsel
2600, 10180 - 101 Street
Edmonton, Alberta
T5J 3Y2
Telephone: (780) 420-4702
FAX: (780) 428-6324
Email: dwhagg@bryanco.com
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
8603 09638
action in damages against the applicant dismissed
Court of Appeal of Alberta (Edmonton)
9103-0617-AC
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
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