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Case information

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24593

Morgan Smith, by his mother and next friend, Elsie Smith v. Linda Howe

(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)
1995-10-02 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Alberta (Calgary)
1995-10-02 Copy of formal judgment on leave being prepared, Stikeman and Elliott (Ottawa, ON)
1995-10-02 Copy of formal judgment on leave being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1995-09-14 Decision on motion to extend time to file and /or serve the leave application, LaF Co Ma
Granted, no order as to costs
1995-09-14 Hearing of motion to extend time to file and/ or serve the leave application, 1995-09-14, LaF Co Ma
1995-09-14 Submission of motion to extend time to file and/ or serve the leave application, 1995-09-14, LaF Co Ma
1995-09-14 Judgment of the Court on the application for leave to appeal, LaF Co Ma, The application for an extension of time is granted and the application for leave to appeal is dismissed with costs.
Dismissed, with costs
1995-09-14 Notice of deposit of judgment issued to all parties, Stikeman and Elliott (Ottawa, ON)
1995-09-14 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1995-05-09 General proceeding, (by fax) copy of order and trial reasons sent to LaF Co Ma, May 9/95 Morgan Smith, by his mother and next friend, Elsie Smith
1995-04-28 All materials on application for leave submitted to the Judges, LaF Co Ma
1995-04-05 Respondent's response on the application for leave to appeal, 5 copies (respondent's response on the motion to extend the time included in this response on leave), with service Linda Howe
1995-03-09 Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) to acknowledge receipt of application for leave to appeal
1995-03-09 Correspondence received from, sent to Code Hunter Wittmann (Calgary, AB) enclosing copy of letter dated Mar 9/95 sent to applicant
1995-03-03 Affidavit, (included in motion book); Tera Blair Morgan Smith, by his mother and next friend, Elsie Smith
1995-03-03 Motion to extend the time to file and or serve the application for leave to appeal, (INCLUDED IN MOTION BOOK) Morgan Smith, by his mother and next friend, Elsie Smith
1995-03-03 Book of authorities, 5 copies Morgan Smith, by his mother and next friend, Elsie Smith
1995-03-03 $30.00 filing fee, receipt #22233 Morgan Smith, by his mother and next friend, Elsie Smith
1995-03-03 Application for leave to appeal, 5 copies (missing proof of service - formal Orders and reasons of trial court), Completed on: 1995-04-28 Morgan Smith, by his mother and next friend, Elsie Smith
1995-01-18 Notice of application for leave to appeal Morgan Smith, by his mother and next friend, Elsie Smith

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
Smith, by his mother and next friend, Elsie Smith, Morgan Applicant Active

v.

Main parties - Respondents
Name Role Status
Howe, Linda Respondent Active

Counsel

Party: Smith, by his mother and next friend, Elsie Smith, Morgan

Counsel
Brian H. Nelson, Q.C.
Nelson & Nelson
311 - 1716, 16TH AVE SW
CALGARY, Alberta
T2M 0L7
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Howe, Linda

Counsel
Kenneth J. Warren
Code Hunter Wittmann
SCOTIA CENTRE
1200 - 700, 2ND ST SW
CALGARY, Alberta
T2P 4V5
Telephone: (403) 298-1000
FAX: (403) 263-9193
Agent
Bruce C. Caughill
Stikeman, Elliott
914 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 234-4555
FAX: (613) 230-8877

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

November 18, 1994
Court of Appeal of Alberta (Calgary)

13542

appeal allowed

Memorandums of argument on application for leave to appeal

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 filing 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

Factums on appeal

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

Webcasts

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Date modified: 2025-02-27