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.
24364
Felice D'Amato, et al. v. Donald Herbert Badger, et al.
(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) |
|---|---|---|
| 1996-10-07 | Record returned to the Registrar of the Court of Appeal, (1 box) | |
| 1996-09-23 | Appeal closed | |
| 1996-08-29 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1996-08-29 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson | |
| 1996-08-29 | Copy of formal judgment being prepared, Osler, Hoskin & Harcourt | |
| 1996-08-22 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed in part: (i) The judgment of the Court of Appeal denying recovery to Arbor for pure economic loss is upheld. (ii) The judgment of the Court of Appeal awarding D'Amato the sum of $36,650 is upheld. (iii) The judment of the Court of Appeal reversing the trial judge's award of $290,000 for loss of future earning capacity is set aside and the trial judge's decision is restored. (iv) The appellants were substantially successful in their appeal and are entitled to their costs throughout. Allowed, no order as to costs |
|
| 1996-08-22 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson | |
| 1996-08-22 | Notice of deposit of judgment sent to all parties, Osler, Hoskin & Harcourt | |
| 1996-05-09 | General proceeding, transcripts received and distributed to the judges (50 pages) | |
| 1996-04-25 | Book of authorities, 10 copies, Completed on: 1996-04-25 | Donald Herbert Badger |
| 1996-04-25 | General proceeding, 10 copies of EXCERPTS OF EVIDENCE | Donald Herbert Badger |
| 1996-04-25 |
Hearing of the appeal, 1996-04-25, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1996-04-23 | Supplemental document, 10 copies of SUPPLEMENTARY EXCERPTS OF EVIDENCE AND AUTHORITIES | Felice D'Amato |
| 1996-04-23 | Book of authorities, 10 copies, Completed on: 1996-04-23 | Felice D'Amato |
| 1996-04-19 | Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument | |
| 1996-03-28 | Appeal hearing | |
| 1996-03-14 | Order on motion to extend time, to file the factum | |
| 1996-03-13 |
Decision on motion to extend time, to file the factum to Feb 14/96, Reg Granted, no order as to costs |
|
| 1996-03-13 | Hearing of motion to extend time, 1996-03-13, to file the factum to Feb 14/96, Reg | |
| 1996-03-13 | Submission of motion to extend time, 1996-03-13, to file the factum to Feb 14/96, Reg | |
| 1996-03-05 | Correspondence (sent by the Court) to, from Jane Jago re: due to the recent death of a close relative of Mr. Barrett, counsel of the appellant, there will be a delay in obtaining the consent | |
| 1996-03-05 | $50.00 filing fee for notice of motion, receipt no. 31680 | Donald Herbert Badger |
| 1996-03-05 | Affidavit, of Jane Jago re: motion to extend the time to file the respondent's factum to Feb. 14/96 - 2 copies, with service | Donald Herbert Badger |
| 1996-03-05 | Motion to extend time, to file the respondent's factum to Feb. 14/96 (2 copies), with service, Completed on: 1996-03-05 | Donald Herbert Badger |
| 1996-02-27 | Appeal removed from the list | |
| 1996-02-16 | Order on motion to adjourn the hearing of the appeal | |
| 1996-02-15 | Book of authorities, 10 COPIES, Completed on: 1996-02-15 | Felice D'Amato |
| 1996-02-15 |
Decision on motion to adjourn the hearing of the appeal, to the Spring 1996 term, CJ Granted, no order as to costs |
|
| 1996-02-15 | Hearing of motion to adjourn the hearing of the appeal, 1996-02-15, to the Spring 1996 term, CJ | |
| 1996-02-15 | Submission of motion to adjourn the hearing of the appeal, 1996-02-15, to the Spring 1996 term, CJ | |
| 1996-02-15 | $50.00 filing fee for notice of motion, receipt no. 31559 | Felice D'Amato |
| 1996-02-15 | Response to the motion to adjourn the hearing of the appeal, (letterform), Completed on: 1996-02-15 | Donald Herbert Badger |
| 1996-02-15 | Affidavit, James Lewis Barrett | Felice D'Amato |
| 1996-02-15 | Motion to adjourn the hearing of the appeal, Completed on: 1996-02-15 | Felice D'Amato |
| 1996-02-14 | Respondent's factum, 24 copies (extension of time requested), with service, Completed on: 1996-02-14 | Donald Herbert Badger |
| 1996-01-12 | Notice of hearing | Felice D'Amato |
| 1996-01-03 |
Appeal hearing scheduled, 1996-04-25 Decision reserved |
|
| 1995-11-20 | Appeal perfected for hearing, Session beginning on 1996-04-22 | |
| 1995-10-12 | Order on motion to extend time, to file the factum to Sept 25/95 | |
| 1995-10-12 |
Decision on motion to extend time, to file the factum to Sept 25/95, Reg Granted, no order as to costs |
|
| 1995-10-12 | Hearing of motion to extend time, 1995-10-12, to file the factum to Sept 25/95, Reg | |
| 1995-10-12 | Submission of motion to extend time, 1995-10-12, to file the factum to Sept 25/95, Reg | |
| 1995-10-11 | $50.00 filing fee for notice of motion, to extend time receipt #30844 | Felice D'Amato |
| 1995-10-06 | Response to motion to extend time, to file the appellant's factum | Donald Herbert Badger |
| 1995-10-06 | Affidavit, to file the appellant's factum to Sept. 25/95 (of James L. Barrett) | Felice D'Amato |
| 1995-10-06 | Motion to extend time, to file the appellant's factum to Sept. 25/95 | Felice D'Amato |
| 1995-09-25 | Appellant's factum, 24 copies (extension of time requested) (back from correction on Aug. 29/95), with service | Felice D'Amato |
| 1995-07-17 | Appeal court record, (1 parcel) | |
| 1995-07-13 | Certified casebook, vol. I to V (service admitted on June 26/95), with service | Felice D'Amato |
| 1995-07-12 | Appeal court record, (1 paded env.) | |
| 1995-06-23 | Case on appeal, 23 copies of vol. I to V | Felice D'Amato |
| 1995-03-31 | Notice of deposit of security, (1 copy) | |
| 1995-03-30 | Correspondence (sent by the Court) to, sent to Giusti, Barrett & Ellan (Vancouver, BC) enclosing copy of Rule 32 c.c. Gowling, Strathy & Henderson | |
| 1995-03-30 | Correspondence (sent by the Court) to, sent to Bull, Housser & Tupper (Vancouver, BC) enclosing copy of Rule 32 | |
| 1995-03-28 | Order granting leave to appeal | |
| 1995-03-27 | $500 security deposit paid, receipt #2340 | Felice D'Amato |
| 1995-03-27 | Notice of appeal, With service | Felice D'Amato |
| 1995-03-02 |
Judgment of the Court on the application for leave to appeal, LaF Co Ma, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1995-03-02 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1995-03-02 | Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt (Ottawa, ON) | |
| 1994-12-21 | All materials on application for leave submitted to the Judges, LaF Co Ma | |
| 1994-12-07 | Book of authorities, 5 copies | Felice D'Amato |
| 1994-12-02 | Applicant's reply to respondent's argument, 5 copies (see order of 22/11/94) | Felice D'Amato |
| 1994-11-22 | Response to motion to extend time, of Don J. Holubitsky (to file the reply to Dec. 5/ 94) | Donald Herbert Badger |
| 1994-11-22 | Affidavit, of E. Van Bemmel (to file the reply to Dec. 5/94) | Felice D'Amato |
| 1994-11-22 | Motion to extend time, to file the reply to Dec. 5/94 | Felice D'Amato |
| 1994-11-22 | Order on motion to extend time, to file the reply to Dec 5/94 | |
| 1994-11-22 |
Decision on motion to extend time, to file the reply to Dec 5/94, Reg Granted, no order as to costs |
|
| 1994-11-22 | Hearing of motion to extend time, 1994-11-22, to file the reply to Dec 5/94, Reg | |
| 1994-11-22 | Submission of motion to extend time, 1994-11-22, to file the reply to Dec 5/94, Reg | |
| 1994-11-16 | Respondent's response on the application for leave to appeal, 5 copies, with service | Donald Herbert Badger |
| 1994-11-03 | Correspondence received from, sent to Bull, Housser & Tupper (Vancouver, BC) enclosing copy of letter dated Nov 3/94 sent to applicant | |
| 1994-11-03 | Correspondence received from, sent to Gowling, Strathy & Henderson to acknowledge receipt of application for leave to appeal | |
| 1994-10-27 | $30.00 filing fee, receipt #21156 | Felice D'Amato |
| 1994-10-27 | Application for leave to appeal, 5 copies (missing formal C.A. Order), with service, Completed on: 1994-12-21 | Felice D'Amato |
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 |
|---|---|---|
| D'Amato, Felice | Applicant | Active |
| Arbor Body Shop (1980) Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Badger, Donald Herbert | Respondent | Active |
| Frazee, Russell | Respondent | Active |
Counsel
Party: D'Amato, Felice
Counsel
500 - 190 ALEXANDER ST
VANCOUVER, British Columbia
V6A 1B5
Telephone: (604) 669-2388
FAX: (609) 669-4679
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Arbor Body Shop (1980) Ltd.
Counsel
500 - 190 ALEXANDER ST
VANCOUVER, British Columbia
V6A 1B5
Telephone: (604) 669-2388
FAX: (609) 669-4679
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Badger, Donald Herbert
Counsel
D.A. Webster, Q.C.
3000 - 1055 GEORGIA ST W
BOX 11130
VANCOUVER, British Columbia
V6E 3R3
Telephone: (604) 687-6575
FAX: (604) 641-4949
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867
Party: Frazee, Russell
Counsel
3000 - 1055 GEORGIA ST W
BOX 11130
VANCOUVER, British Columbia
V6E 3R3
Telephone: (604) 687-6575
FAX: (604) 641-4949
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867
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 Appeal for British Columbia (Vancouver)
CA017086
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