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.
24669
Rodger Upton, et al. v. King Island Clay Ltd., 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) |
|---|---|---|
| 1995-11-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, British Columbia (Vancouver) | |
| 1995-11-30 | Copy of formal judgment on leave being prepared, Mackenzie Fujisawa Brewer Stevenson Koenig (Vancouver, BC) | |
| 1995-11-30 | Copy of formal judgment on leave being prepared, Owen, Bird (Vancouver, BC) | |
| 1995-10-26 |
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 |
|
| 1995-10-26 | Notice of deposit of judgment issued to all parties, MacKenzie Fujisawak Brewer Stevenson Koenig (Vancouver, BC) | |
| 1995-10-26 | Notice of deposit of judgment issued to all parties, Owen, Bird (Vancouver, BC) | |
| 1995-06-16 | All materials on application for leave submitted to the Judges, L'HD So McL | |
| 1995-06-02 | General proceeding, 5 copies of formal order (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL) | Rodger Upton |
| 1995-05-26 | General proceeding, 1 copy of the settled but not entered order | Rodger Upton |
| 1995-05-15 | Correspondence received from, from MacKenzie, Fujisawa re: order not yet settled (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL) | Rodger Upton |
| 1995-05-15 | Applicant's reply to respondent's argument, 5 copies | Rodger Upton |
| 1995-05-10 | Respondent's response on the application for leave to appeal, 5 copies | King Island Clay Ltd. |
| 1995-04-24 | Correspondence received from, sent to MacKenzie Fujisawa Brewer Stevenson Koenig (Vancouver, BC) to acknowledge receipt of application for leave to appeal and that it does not comply with the requirements of the Court's rules | |
| 1995-04-24 | Correspondence received from, sent to Owen, Bird (Vancouver, BC) enclosing copy of letter dated April 24/95 sent to applicant | |
| 1995-04-19 | $50.00 filing fee, receipt no. 22397 | Rodger Upton |
| 1995-04-19 | Application for leave to appeal, 5 copies (formal order of C.A. not yet settled - see Table of Contents in Leave Book), with service, Completed on: 1995-06-02 | Rodger Upton |
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 |
|---|---|---|
| Upton, Rodger | Applicant | Active |
| Ironwood Clay Company Inc. | Applicant | Active |
| Cutting, Robert | Applicant | Active |
| Island West Exploration Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| King Island Clay Ltd. | Respondent | Active |
| Pacific Glacial Clay Inc. | Respondent | Active |
Counsel
Party: Upton, Rodger
Counsel
1800 - 400 BURRARD ST
VANCOUVER, British Columbia
V6C 3A6
Telephone: (604) 689-3281
FAX: (604) 685-6494
Party: Ironwood Clay Company Inc.
Counsel
1800 - 400 BURRARD ST
VANCOUVER, British Columbia
V6C 3A6
Telephone: (604) 689-3281
FAX: (604) 685-6494
Party: Cutting, Robert
Counsel
1800 - 400 BURRARD ST
VANCOUVER, British Columbia
V6C 3A6
Telephone: (604) 689-3281
FAX: (604) 685-6494
Party: Island West Exploration Ltd.
Counsel
1800 - 400 BURRARD ST
VANCOUVER, British Columbia
V6C 3A6
Telephone: (604) 689-3281
FAX: (604) 685-6494
Party: King Island Clay Ltd.
Counsel
2900 - 595 Burrard St
PO Box 49130
Vancouver, British Columbia
V7X 1J5
Telephone: (604) 691-7506
FAX: (608) 632-4433
Email: dbk@owenbird.com
Party: Pacific Glacial Clay Inc.
Counsel
2900 - 595 Burrard St
PO Box 49130
Vancouver, British Columbia
V7X 1J5
Telephone: (604) 691-7506
FAX: (608) 632-4433
Email: dbk@owenbird.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
C924305
respondent's action for damages for trespass and conversion dismissed
Court of Appeal for British Columbia (Vancouver)
CA017910
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
Related links
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