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24396

Bate Equipment Ltd., et al. v. Ellis-Don Limited, et al.

(Alberta) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
1995-10-10 Certificate of taxation issued to, Gowling, Strathy & Henderson
1995-10-10 $50.00 filing fee for a bill of costs for taxation, receipt #30825 Ellis-Don Limited
1995-10-05 Decision on the bill of costs, by the Registrar at $932.29
1995-07-10 Close file on Leave
1995-05-26 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Alberta (Calgary)
1995-05-26 Copy of formal judgment on leave being prepared, Parlee Mclaws (Calgary, AB)
1995-05-26 Copy of formal judgment on leave being prepared, Lang, Michener (Ottawa, ON)
1995-05-26 Copy of formal judgment on leave being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1995-05-19 Notice of deposit of judgment issued to all parties, Parlee McLaws (Calgary, AB)
1995-05-19 Notice of deposit of judgment issued to all parties, Lang, Michener (Ottawa, ON)
1995-05-19 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1995-05-18 Judgment of the Court on the application for leave to appeal, L'HD So McL, The application for leave to appeal is dismissed with costs.
Dismissed, with costs
1995-01-12 Application for leave to appeal, Completed on: 1995-01-12
1995-01-12 All materials on application for leave submitted to the Judges, L'HD So McL
1994-12-20 Decision on motion to extend time, to file the reply to Dec 16/94, Reg
Granted, no order as to costs
1994-12-20 Hearing of motion to extend time, 1994-12-20, to file the reply to Dec 16/94, Reg
1994-12-20 Submission of motion to extend time, 1994-12-20, to file the reply to Dec 16/94, Reg
1994-12-19 Correspondence received from, (by fax) from W. Donald Goodfellow, Q.C.; re: extension of time to file the reply (original filed Dec. 23/94) Bate Equipment Ltd.
1994-12-16 Applicant's reply to respondent's argument, 5 copies (extension of time requested), with service Bate Equipment Ltd.
1994-12-14 Correspondence received from, (by fax) from Emery, Jamieson; re: not prepared to consent, will be making no other submissions H. & C. Holdings Inc.
1994-12-14 Correspondence received from, (by fax) from: Parlee McLaws; re: oppose the extension of time to file the applicant's reply Edmonton School District No. 7
1994-12-08 Correspondence received from, from Gowling; re: does not oppose nor consent to the extension of time to file a reply Ellis-Don Limited
1994-12-05 Proof of service, 1 copy of response, with service
1994-12-02 Affidavit, to file the reply to Dec. 16/94; W. Donald Goodfellow, Q.C., with service Bate Equipment Ltd.
1994-12-02 Motion to extend time, to file the reply to Dec. 16/94, with service Bate Equipment Ltd.
1994-11-28 Respondent's response on the application for leave to appeal, 5 copies H. & C. Holdings Inc.
1994-11-25 Respondent's response on the application for leave to appeal, 5 copies (joint with the response of The Board of Trustees of the Edmonton School District No. 7), with service Edmonton School District No. 7
1994-11-25 Respondent's response on the application for leave to appeal, 5 copies Ellis-Don Limited
1994-11-21 Correspondence received from, from Karen Cuddy re: no formal order of the Alberta Court of Appeal has been entered at this time Bate Equipment Ltd.
1994-11-17 Correspondence received from, sent to Cox Trofimuk Campbell-Sulyma & Stewart (Edmonton, AB) enclosing copy of letter dated Nov 17/94 sent to applicant
1994-11-17 Correspondence received from, Parlee McLaws (Calgary, AB) enclosing copy of letter dated Nov 17/94 sent to applicant
1994-11-17 Correspondence received from, sent to Emery Jamieson (Edmonton, AB) enclosing copy of letter dated Nov 17/94 sent to applicant
1994-11-17 Correspondence received from, sent to Lang, Michener (Ottawa, ON) to acknowledge receipt of application for leave to appeal
1994-11-10 $30.00 filing fee, receipt #21231 Bate Equipment Ltd.
1994-11-10 Application for leave to appeal, 5 copies (missing C.A. Order), with service, Completed on: 1995-01-12 Bate Equipment 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

Main parties - Appellants
Name Role Status
Bate Equipment Ltd. Applicant Active
Bate International Services Ltd. Applicant Active
Bate Industrial Services Ltd. Applicant Active

v.

Main parties - Respondents
Name Role Status
Ellis-Don Limited Respondent Active
Edmonton School District No. 7 Respondent Active
Board of Trustees of the Edmonton School District No. 7 Respondent Active
H. & C. Holdings Inc. Respondent Active

Counsel

Party: Bate Equipment Ltd.

Counsel
Name
W. Donald Goodfellow, Q.C.
Contact information
1660 - 540, 5th Ave South West
Calgary, Alberta
T2P 0M2
Telephone: (403) 262-4610
FAX: (403) 262-4625
Agent
Name
Eugene Meehan
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

Party: Bate International Services Ltd.

Counsel
Name
W. Donald Goodfellow, Q.C.
Contact information
1660 - 540, 5th Ave South West
Calgary, Alberta
T2P 0M2
Telephone: (403) 262-4610
FAX: (403) 262-4625
Agent
Name
Eugene Meehan
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

Party: Bate Industrial Services Ltd.

Counsel
Name
W. Donald Goodfellow, Q.C.
Contact information
1660 - 540, 5th Ave South West
Calgary, Alberta
T2P 0M2
Telephone: (403) 262-4610
FAX: (403) 262-4625
Agent
Name
Eugene Meehan
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

Party: Ellis-Don Limited

Counsel
Name
Doreen A. Sulyman, Q.C.
Contact information
Cox Trofimuk Campbell-Sulyma & Stewart
2400 - 10303 JASPER AVE
EDMONTON, Alberta
T5J 3N6
Telephone: (403) 422-6242
FAX: (403) 428-1137
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Edmonton School District No. 7

Counsel
Name
Everett L. Bunnell, Q.C.
Contact information
Parlee Mclaws
3400 - 707, 8TH AVE SW
CALGARY, Alberta
T2P 1H5
Telephone: (403) 294-7000

Party: Board of Trustees of the Edmonton School District No. 7

Counsel
Name
Everett L. Bunnell, Q.C.
Contact information
Parlee Mclaws
3400 - 707, 8TH AVE SW
CALGARY, Alberta
T2P 1H5
Telephone: (403) 294-7000

Party: H. & C. Holdings Inc.

Counsel
Name
Richard B. Drewry
Contact information
Emery Jamieson
1700 - 10235, 101 ST
EDMONTON, Alberta
T5J 3G1
Telephone: (403) 426-5220
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Summary

Keywords

None.

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

September 16, 1994
Court of Appeal of Alberta (Calgary)

13893

appeal dismissed

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

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

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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Webcasts

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Date modified: 2025-02-27