Case information
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23773
Kobe ter Neuzen v. Gerald Korn
(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) |
|---|---|---|
| 1996-11-14 | Certificate of taxation issued to, Gowlings | |
| 1996-11-14 | $50.00 filing fee for a bill of costs for taxation, receipt #33005 | |
| 1996-11-08 | Decision on the bill of costs, by the Registrar at $11,306.31 | |
| 1996-09-03 | Correspondence (sent by the Court) to, (by fax) from Sandra J. Harper; re: in the midst of settlement negotiations with Ms. McBride concerning the Bill of Costs | |
| 1995-10-30 | Copy of formal judgment being prepared, Perley-Robertson, Panet, Hill & McDougall (Ottawa, ON) | |
| 1995-10-30 | Copy of formal judgment being prepared, Scott & Aylen (Ottawa, ON) | |
| 1995-10-30 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1995-10-30 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1995-10-30 | Copy of formal judgment being prepared, Kenneth Arenson (Toronto, ON) | |
| 1995-10-19 |
Judgment on the appeal rendered, LaF L'HD So G Co McL Ia, The appeal is dismissed with costs and the judgment of the Court of Appeal is affirmed. Dismissed, with costs |
|
| 1995-10-19 | Notice of deposit of judgment sent to all parties, Perley-Robertson, Panet, Hill & McDougall (Ottawa, ON) | |
| 1995-10-19 | Notice of deposit of judgment sent to all parties, Kenneth Arenson (Toronto, ON) | |
| 1995-10-19 | Notice of deposit of judgment sent to all parties, Scott & Aylen (Ottawa, ON) | |
| 1995-10-19 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1995-02-10 | General proceeding, transcripts received and distributed to the judges (65 pages) | |
| 1995-02-02 |
Hearing of the appeal, 1995-02-02, LaF L'HD So G Co McL Ia Decision reserved |
|
| 1995-02-02 | Proof of service, of book of authorities | |
| 1995-02-01 | Proof of service, of books of authorities | |
| 1995-01-31 | Book of authorities, 10 copies of vols. 1 and 2 | Canadian Hospital Association |
| 1995-01-31 | Proof of service, of the Book of Authorities vol. I to III on intervener HIV Group | |
| 1995-01-26 | Proof of service, of book of authorities | |
| 1995-01-25 | Book of authorities, 10 copies | Kobe ter Neuzen |
| 1995-01-23 | Proof of service, of the Respondent's book of authorities | |
| 1995-01-20 | Book of authorities, 10 copies of vol. 1 to 3 | Gerald Korn |
| 1995-01-19 | Book of authorities, 10 copies | Canadian Red Cross Society |
| 1995-01-13 |
Appeal hearing scheduled, 1995-02-02 Decision reserved |
|
| 1995-01-11 | Proof of service, 1 copy of factum, with service | |
| 1995-01-11 | Proof of service, 1 copy of respondent's reply to the intervener's factum, with service | |
| 1995-01-09 | Intervener's factum, 23 copies | Canadian Hospital Association |
| 1995-01-09 | Respondent's factum, 23 copies (RESPONDENT'S REPLY TO THE INTERVENORS' FACTUM) - see order dated Nov. 14/94 | Gerald Korn |
| 1995-01-06 | Intervener's factum, 25 copies, with service | Canadian Red Cross Society |
| 1995-01-06 | Correspondence (sent by the Court) to, from Judy Hercbergs re: ERRATA IN THE INTERVENER'S FACTUM, HIV-T GROUP (to be inserted in the factum) | |
| 1995-01-05 | Correspondence (sent by the Court) to, from MacMillan, Rooke re: Perley-Robertson has been retained as an Ottawa Agent for the intervener Canadian Red Cross Society (fax copy) | |
| 1994-12-22 | Order on motion to extend time, for leave to intervene | |
| 1994-12-22 | Order on motion to extend time, for leave to intervene | |
| 1994-12-22 |
Decision on motion to extend time, to intervene, McL Granted, no order as to costs |
|
| 1994-12-22 | Hearing of motion to extend time, 1994-12-22, to intervene, McL | |
| 1994-12-22 | Submission of motion to extend time, 1994-12-22, to intervene, McL | |
| 1994-12-22 |
Decision on the motion for leave to intervene, the intervener may file a 20 page factum only by Jan. 9, 1995. There will be no order as to costs. Costs on the appeal are to be determined by the Court., McL Granted, no order as to costs |
|
| 1994-12-22 | Hearing of motion for leave to intervene, 1994-12-22, the intervener may file a 20 page factum only by Jan. 9, 1995. There will be no order as to costs. Costs on the appeal are to be determined by the Court., McL | |
| 1994-12-22 | Submission of motion for leave to intervene, 1994-12-22, the intervener may file a 20 page factum only by Jan. 9, 1995. There will be no order as to costs. Costs on the appeal are to be determined by the Court., McL | |
| 1994-12-22 |
Decision on motion to extend time, to intervene, McL Granted, no order as to costs |
|
| 1994-12-22 | Hearing of motion to extend time, 1994-12-22, to intervene, McL | |
| 1994-12-22 | Submission of motion to extend time, 1994-12-22, to intervene, McL | |
| 1994-12-22 |
Decision on the motion for leave to intervene, the intervener may file a 20 page factum only by Jan. 9, 1995. There will be no order as to costs. Costs on the appeal are to be determined by the Court., McL Granted, no order as to costs |
|
| 1994-12-22 | Hearing of motion for leave to intervene, 1994-12-22, the intervener may file a 20 page factum only by Jan. 9, 1995. There will be no order as to costs. Costs on the appeal are to be determined by the Court., McL | |
| 1994-12-22 | Submission of motion for leave to intervene, 1994-12-22, the intervener may file a 20 page factum only by Jan. 9, 1995. There will be no order as to costs. Costs on the appeal are to be determined by the Court., McL | |
| 1994-12-14 | Correspondence (sent by the Court) to, (by fax) of James I. Minnes (Scott & Aylen) dated Dec. 14/94 1) NOT opposing nor consenting leave to intervene of the Canadian Red Cross Society 2) OPPOSING leave to intervene of the Canadian Hospital Association | |
| 1994-12-13 | Book of authorities, 10 copies of vol. 1 to 3 (reprinted copies filed on Dec. 28/94) | HIV-T Group (Blood Transfused) |
| 1994-12-12 | Motion to extend time, to file the motion to intervene (joint with motion to intervene - 2 copies) | Canadian Hospital Association |
| 1994-12-12 | Affidavit, of Don J. Holubitsky - 2 copies | Canadian Hospital Association |
| 1994-12-12 | Motion for leave to intervene, 2 copies | Canadian Hospital Association |
| 1994-12-08 | Intervener's factum, 24 copies, with service | HIV-T Group (Blood Transfused) |
| 1994-12-06 | Correspondence (sent by the Court) to, from Gowling; re: does not oppose the intervention by the Canadian Red Cross Society | |
| 1994-12-05 | Affidavit, Judie Leach Bennett; 2 copies, with service | Canadian Red Cross Society |
| 1994-12-05 | Motion for leave to intervene, 2 copies, with service | Canadian Red Cross Society |
| 1994-12-05 | Affidavit, for leave to intervene; Judie Leach Bennett; 2 copies, with service | Canadian Red Cross Society |
| 1994-12-05 | Motion to extend time, for leave to intervene; 2 copies, with service | Canadian Red Cross Society |
| 1994-11-16 | Order on motion to extend time, to file the factum to Oct 27/94 | |
| 1994-11-16 |
Decision on motion to extend time, to file the factum to Oct 27/94, Reg Granted, no order as to costs |
|
| 1994-11-16 | Hearing of motion to extend time, 1994-11-16, to file the factum to Oct 27/94, Reg | |
| 1994-11-16 | Submission of motion to extend time, 1994-11-16, to file the factum to Oct 27/94, Reg | |
| 1994-11-14 |
Decision on the motion for leave to intervene, LaF, 1. The motion for leave to intervene is granted. The HIV-T Group and the Canadian Association of Transfused Hepatitis C Survivors may file a 20 page factum in the above referenced appeal before December 9, 1994. The Respondent may file a response before January 9, 1995. There will be no order as to costs on this motion. Costs on the appeal are to be determined by the Court. Granted, no order as to costs |
|
| 1994-11-14 | Hearing of motion for leave to intervene, 1994-11-14, LaF | |
| 1994-11-14 | Submission of motion for leave to intervene, 1994-11-14, LaF | |
| 1994-11-09 | Affidavit, (by fax) of David Harvey (supplementary) | HIV-T Group (Blood Transfused) |
| 1994-11-09 | Response to motion to extend time, to file the respondent's factum (letterform) | Kobe ter Neuzen |
| 1994-11-09 | Affidavit, to file the factum to Oct. 27/94; Eduard J. Van Bemmel | Gerald Korn |
| 1994-11-09 | Motion to extend time, to file the factum to Oct. 27/94 | Gerald Korn |
| 1994-11-04 | Correspondence (sent by the Court) to, from McConnan, Bion, Sandra J. Harper re: supports the application for leave to intervene by HIV-T Group and Can. Ass. of Trasfused Hepatitis C | |
| 1994-10-27 | Correspondence (sent by the Court) to, from Sandra J. Harper to D. Beaulieu re: requesting that the appeal be heard early in the Winter term (fax copy) (original received on Oct. 28/94) | |
| 1994-10-27 | Respondent's factum, 24 copies (extension of time requested), with service | Gerald Korn |
| 1994-10-24 | Affidavit, of David Harvey re: to file the motion to intervene (joint with motion to intervene) - fax copy | HIV-T Group (Blood Transfused) |
| 1994-10-24 | Motion to extend time, to file the motion to intervene to Oct. 24/94 (joint with motion to intervene) - fax copy | HIV-T Group (Blood Transfused) |
| 1994-10-24 | Affidavit, of David Harvey (joint with Can. Ass. of Transfused Hepatitis C) - fax copy (original received on Nov. 4/94) | HIV-T Group (Blood Transfused) |
| 1994-10-24 | Motion for leave to intervene, (joint with Can. Ass. of Transfused Hepatitis C) - fax copy (original received on Nov. 4/94) | HIV-T Group (Blood Transfused) |
| 1994-10-03 | Appeal perfected for hearing, Session beginning on 1995-01-23 | |
| 1994-09-07 | Proof of service, of the appellant's factum admitted on August 9/94 | |
| 1994-08-08 | Appellant's factum, 24 copies | Kobe ter Neuzen |
| 1994-06-16 | Proof of service, of Case on Appeal vol. I to VI | |
| 1994-06-01 | Certified casebook, vol. I to VI | Kobe ter Neuzen |
| 1994-06-01 | Case on appeal, 23 copies of vol. I to VI | Kobe ter Neuzen |
| 1994-03-09 | Correspondence (sent by the Court) to, sent to Harper Grey Easton (Vancouver, BC) enclosing copy of Rule 32 | |
| 1994-03-09 | Correspondence (sent by the Court) to, sent to McConnan Bion O'Connor & Peterson Victoria, BC) enclosing copy of Rule 32 | |
| 1994-03-09 | Order granting leave to appeal | |
| 1994-03-08 | Notice of deposit of security, With service | |
| 1994-03-08 | $500 security deposit paid, receipt no. 2298 | Kobe ter Neuzen |
| 1994-03-07 | Notice of appeal, With service | Kobe ter Neuzen |
| 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, Scott & Aylen (Ottawa, ON) | |
| 1994-02-10 |
Judgment of the Court on the application for leave to appeal, LaF So Ma, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1994-02-10 | Hearing of the application for leave to appeal, 1994-02-10, LaF So Ma | |
| 1994-02-10 | All materials on application for leave submitted to the Judges, 1994-02-10, LaF So Ma | |
| 1994-01-26 | General proceeding, 5 copies of formal order of C.A. sent to LaF So Ma Jan 27/94 | Kobe ter Neuzen |
| 1993-11-24 | Proof of service, of reply | |
| 1993-11-22 | Application for leave to appeal, Completed on: 1993-11-22 | |
| 1993-11-22 | All materials on application for leave submitted to the Judges, LaF So Ma | |
| 1993-11-19 | Book of authorities, 5 copies of vol. I & II | Kobe ter Neuzen |
| 1993-11-19 | Applicant's reply to respondent's argument, 5 copies | Kobe ter Neuzen |
| 1993-11-16 | Proof of service, of response (letterform) | |
| 1993-11-10 | Respondent's response on the application for leave to appeal, 5 copies | Gerald Korn |
| 1993-11-09 | Correspondence received from, by fax from J. Minnes; re: proof of service enclosed; no reasons of trial court; order of C.A. not yet entered | Kobe ter Neuzen |
| 1993-10-28 | Correspondence received from, sent to Scott & Aylen (Ottawa, ON) re: application for L/A material does not comply with requirement of the Court | |
| 1993-10-20 | General proceeding, 5 copies of viva voce evidence | Kobe ter Neuzen |
| 1993-10-20 | General proceeding, 5 copies of Medical Expert Reports | Kobe ter Neuzen |
| 1993-10-20 | $30.00 filing fee, receipt #27705 | Kobe ter Neuzen |
| 1993-10-20 | Application for leave to appeal, 5 copies (missing proof of service - reasons of trial court and formal order of C.A.), Incomplete | Kobe ter Neuzen |
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 |
|---|---|---|
| ter Neuzen, Kobe | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Korn, Gerald | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| HIV-T Group (Blood Transfused) | Intervener | Active |
| Canadian Association of Transfused Hepatitis CSurvivors | Intervener | Active |
| Canadian Red Cross Society | Intervener | Active |
| Canadian Hospital Association | Intervener | Active |
Counsel
Party: ter Neuzen, Kobe
Counsel
420 - 880 DOUGLAS ST
VICTORIA, British Columbia
V8W 2B7
Telephone: (604) 385-1383
FAX: (604) 385-2841
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Korn, Gerald
Counsel
3100 - 650 Georgia St West
Box 11504
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 687-0411
FAX: (604) 669-9385
Email: chinkson@hgelaw.com
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: HIV-T Group (Blood Transfused)
Counsel
TORONTO, Ontario
M5C 1B5
Telephone: (416) 368-1500
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Canadian Association of Transfused Hepatitis CSurvivors
Counsel
TORONTO, Ontario
M5C 1B5
Telephone: (416) 368-1500
Party: Canadian Red Cross Society
Counsel
3005 - 401 BAY ST
BOX 96
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 360-1194
FAX: (416) 360-8469
Agent
830 - 99 Bank St
Ottawa, Ontario
K1P 6C1
Telephone: (613) 238-2022
FAX: (613) 238-8775
Party: Canadian Hospital Association
Counsel
3000 - 1055 GEORGIA ST W
BOX 11130
VANCOUVER, British Columbia
V6E 3R3
Telephone: (604) 687-6575
FAX: (604) 641-4949
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.
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Lower court rulings
Supreme Court of British Columbia
91 184
finding of liability in negligence against the Respondent: total sum of $883,800
Court of Appeal for British Columbia (Vancouver)
CA014811
see file
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
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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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