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.
24520
Boma Manufacturing Ltd., et al. v. Canadian Imperial Bank of Commerce
(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) |
|---|---|---|
| 1997-07-24 | Appeal closed | |
| 1997-01-31 | Record returned to the Registrar of the Court of Appeal, (1 env. and 2 folders) | |
| 1997-01-14 | Payment out cheque issued, cheque number 2201-05137092, dated December 20, 1996 in the amount of $534.56, paid to Baumgartel Gould. | |
| 1997-01-10 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1997-01-10 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson, (Ottawa, ON) | |
| 1997-01-10 | Copy of formal judgment being prepared, Osler, Hoskin & Harcourt, (Ottawa, ON) | |
| 1996-12-19 | Approved order for payment out, sent to Finance to-day | |
| 1996-11-21 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed with costs throughout, the judgment of the Court of Appeal is set aside, and the trial judgment against the CIBC is restored for the full amount of the cheques in question, that is $91,289.54 plus interest, La Forest and McLachlin JJ. dissenting. The cross-appeal is dismissed with costs. Allowed, no order as to costs |
|
| 1996-11-21 | Notice of deposit of judgment sent to all parties, Osler, Hoskin & Harcourt | |
| 1996-11-21 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson | |
| 1996-04-03 | General proceeding, transcripts received and distributed to the judges (138 pages) | |
| 1996-03-26 |
Hearing of the appeal, 1996-03-26, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1996-03-26 |
Decision on miscellaneous motion Traversed, no order as to costs |
|
| 1996-03-26 |
Hearing of miscellaneous motion, 1996-03-26 Decision reserved |
|
| 1996-03-26 |
Submission of miscellaneous motion, 1996-03-26 Decision reserved |
|
| 1996-03-21 | Correspondence (sent by the Court) to, from Gowling re: duration of argument | |
| 1996-03-18 | Correspondence (sent by the Court) to, from Osler, Hoskin re: duration of argument (fax copy) (original received on March 21/96) | |
| 1996-03-06 | Proof of service, of the factum on cross-appeal of the appellant (service admitted on March 5, 1996) | |
| 1996-03-05 | General proceeding, 23 copies of FACTUM ON CROSS-APPEAL | Boma Manufacturing Ltd. |
| 1996-02-28 | Order on motion to extend time, to file the factum | |
| 1996-02-28 |
Decision on motion to extend time, to serve and file the factum to Feb 22/96, Reg Granted, no order as to costs |
|
| 1996-02-28 | Hearing of motion to extend time, 1996-02-28, to serve and file the factum to Feb 22/96, Reg | |
| 1996-02-28 | Submission of motion to extend time, 1996-02-28, to serve and file the factum to Feb 22/96, Reg | |
| 1996-02-23 | $50.00 filing fee for notice of motion, receipt no. 31630 | Canadian Imperial Bank of Commerce |
| 1996-02-23 | Motion to extend time, to file the respondent's factum to Feb. 22/96 (2 copies), with service, Completed on: 1996-02-23 | Canadian Imperial Bank of Commerce |
| 1996-02-23 | Respondent's factum, and factum on cross-appeal; 24 copies (extension of time requested), Completed on: 1996-02-23 | Canadian Imperial Bank of Commerce |
| 1996-02-23 | Affidavit, of Patricia J. Wilson re: motion to extend the time to file the respondent's factum to Feb. 22/96 (2 copies), with service | Canadian Imperial Bank of Commerce |
| 1996-02-22 | Proof of service, of factum (admitted on Feb. 20/96) | |
| 1996-02-22 | Book of authorities, 10 copies of vol. 1 to 4, Completed on: 1996-02-22 | Canadian Imperial Bank of Commerce |
| 1996-01-12 | Notice of hearing | Boma Manufacturing Ltd. |
| 1996-01-03 |
Appeal hearing scheduled, 1996-03-26 Decision reserved |
|
| 1996-01-02 | Appeal perfected for hearing, Session beginning on 1996-01-22 | |
| 1995-11-10 | Appellant's factum, 24 copies, with service | Boma Manufacturing Ltd. |
| 1995-10-25 | Trial court record, 1 accordion file | |
| 1995-10-11 | Appeal court record, (1 paded env.) | |
| 1995-10-02 | Order on motion to extend time, to file case on appeal | |
| 1995-10-02 |
Decision on motion to extend time, to file the case on appeal to Sept 21/95, Reg Granted, no order as to costs |
|
| 1995-10-02 | Hearing of motion to extend time, 1995-10-02, to file the case on appeal to Sept 21/95, Reg | |
| 1995-10-02 | Submission of motion to extend time, 1995-10-02, to file the case on appeal to Sept 21/95, Reg | |
| 1995-09-29 | Response to motion to extend time, of Osler, Hoskin re: motion to extend the time to file the case on appeal to Sept. 21/95 | Canadian Imperial Bank of Commerce |
| 1995-09-28 | Affidavit, of E. V. Bemmel re: motion to extend the time to file the case on appeal to Sept. 21/95, with service | Boma Manufacturing Ltd. |
| 1995-09-28 | Motion to extend time, to file the case on appeal to Sept. 21/95, with service | Boma Manufacturing Ltd. |
| 1995-09-22 | Certified casebook, 1 copy, with service | Boma Manufacturing Ltd. |
| 1995-09-21 | Case on appeal, 23 copies (extension of time requested) | Boma Manufacturing Ltd. |
| 1995-07-05 | Notice of deposit of security, (1 copy), with service | |
| 1995-07-04 | $500 security deposit paid, receipt #2349 | Boma Manufacturing Ltd. |
| 1995-06-21 | Correspondence (sent by the Court) to, sent to Davis & Company (Vancouver, BC) enclosing copy of Rule 32 c.c. Osler, Hoskin & Harcourt | |
| 1995-06-21 | Correspondence (sent by the Court) to, sent to Baumgartel Gould (New Westminster, BC) enclosing copy of Rule 32, c.c. Gowling, Strathy & Henderson | |
| 1995-06-16 | Order granting leave to appeal | |
| 1995-06-16 | Notice of cross appeal, With service | Canadian Imperial Bank of Commerce |
| 1995-06-15 | Notice of appeal, With service | Boma Manufacturing Ltd. |
| 1995-06-07 | Order granting leave to cross-appeal | |
| 1995-06-02 | Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt (Ottawa, ON) | |
| 1995-06-02 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1995-06-01 |
Judgment of the Court on the application for leave to appeal, L'HD So McL Granted, no order as to costs |
|
| 1995-03-16 | All materials on application for leave submitted to the Judges, L'HD So McL | |
| 1995-02-21 | Applicant's reply to respondent's argument, 5 copies - AND RESPONSE TO THE CROSS APPEAL, with service | Boma Manufacturing Ltd. |
| 1995-02-10 | Respondent's response on the application for leave to appeal, 5 copies - AND APPLICATION FOR LEAVE TO CROSS APPE AL, with service | Canadian Imperial Bank of Commerce |
| 1995-02-02 | Correspondence received from, from Gowling; re: the Order of C.A. not yet settled because of costs | Boma Manufacturing Ltd. |
| 1995-01-12 | $30.00 filing fee, rec.# 22006 | Boma Manufacturing Ltd. |
| 1995-01-12 | Application for leave to appeal, 5 copies ( C.A. formal order), with service, Completed on: 1995-03-16 | Boma Manufacturing 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 |
|---|---|---|
| Boma Manufacturing Ltd. | Applicant | Active |
| Panabo Sales Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canadian Imperial Bank of Commerce | Respondent | Active |
Counsel
Party: Boma Manufacturing Ltd.
Counsel
370 - 550, 6TH ST
NEW WESTMINSTER, British Columbia
V3L 3B7
Telephone: (604) 526-1805
FAX: (604) 526-8056
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Panabo Sales Ltd.
Counsel
370 - 550, 6TH ST
NEW WESTMINSTER, British Columbia
V3L 3B7
Telephone: (604) 526-1805
FAX: (604) 526-8056
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Canadian Imperial Bank of Commerce
Counsel
2800 PARK PLACE
666 BURRARD ST
VANCOUVER, British Columbia
V6C 2Z7
Telephone: (604) 687-9444
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
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
Supreme Court of British Columbia
C885870
applicants' action in damages allowed
Court of Appeal for British Columbia (Vancouver)
CA016879
appeal allowed and judgment varied to reduce the amount
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