Case information
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24743
British Columbia Rugby Union, et al. v. Mark Hamstra, 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) |
|---|---|---|
| 1997-07-24 | Appeal closed | |
| 1997-07-15 | Record returned to the Registrar of the Court of Appeal, sent to Court of Appeal of British Columbia (Vancouver, BC) enclosing their records (2 folders) | |
| 1997-05-08 | Formal judgment sent to the registrar of the court of appeal and all parties, Vancouver (British Columbia) | |
| 1997-05-08 | Copy of formal judgment being prepared, Lang, Michener | |
| 1997-05-08 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson | |
| 1997-05-08 | Copy of formal judgment being prepared, Osler, Hoskin & Harcourt | |
| 1997-04-24 |
Judgment on the appeal rendered, L'HD So G Co McL Ia Ma, The appeal of both the appellant The British Columbia Rugby Union and the appellant Brian Rigby is allowed with costs. The order of the Court of Appeal for British Columbia for a new trial is set aside and the matter referred back to the Court of Appeal to deal with the other issues raised on the original appeal before that court. Allowed, with costs |
|
| 1997-04-24 | Notice of deposit of judgment sent to all parties, Lang, Michener | |
| 1997-04-24 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson | |
| 1997-04-24 | Notice of deposit of judgment sent to all parties, Osler, Hoskin & Harcourt (Ottawa, ON) | |
| 1997-02-06 | General proceeding, transcripts received and distributed to the judges (61 pages) | |
| 1997-01-23 | General proceeding, 8 COPIES OF MISC. JURISPRUDENCE (GIVEN IN COURT BY THE APPELLANT) | British Columbia Rugby Union |
| 1997-01-23 |
Hearing of the appeal, 1997-01-23, L'HD So G Co McL Ia Ma Decision reserved |
|
| 1997-01-16 | Correspondence (sent by the Court) to, from Gowlings re: Robert N. Gibbens appearing for the respondent Hamstra at the heating of the appeal | |
| 1997-01-09 | Correspondence (sent by the Court) to, sent to Eric A. Dolden to advise of arrangements made for appearance by video conference from Vanccouver to present oral arguments. | |
| 1997-01-08 | Correspondence (sent by the Court) to, dated Jan. 8/97 from Eugene Meehan (Lang Michener) to advise the Court that Mr. Eric Dolden agrees with the tentative date of Jan. 23/97 as the hearing date and wishes to participate by video- conference | |
| 1996-12-10 |
Appeal hearing scheduled, 1997-01-23 Decision reserved |
|
| 1996-12-10 | Correspondence (sent by the Court) to, dated Dec. 10/96 from Eugene Meehan (Lang Michener ) to advise the Court that Mr. Eric Dolden agrees to the tentative date of Jan. 23/97 as the hearing date and would like the option of close circuit television for the hearing | |
| 1996-11-26 | Notice of hearing, With service | British Columbia Rugby Union |
| 1996-11-21 | Book of authorities, 10 copies, Completed on: 1996-11-21 | Mark Hamstra |
| 1996-11-12 | Appeal perfected for hearing, Session beginning on 1997-01-20 | |
| 1996-11-12 | Respondent's factum, 24 copies, Completed on: 1996-11-12 | Mark Hamstra |
| 1996-10-30 | Appeal court record, (1 folder) | |
| 1996-10-18 | Correspondence (sent by the Court) to, from Killam re: change of address for delivery to Suite 2400 - 200 Granville Street, B.C. | |
| 1996-10-04 | Appellant's factum, 24 copies (see order of Sept. 9/96), with service, Completed on: 1996-10-04 | Brian Rigby |
| 1996-10-01 | Book of authorities, 10 copies, with service, Completed on: 1996-10-01 | British Columbia Rugby Union |
| 1996-10-01 | Appellant's factum, 24 copies (see order dated Sept. 4, 1996), with service, Completed on: 1996-10-01 | British Columbia Rugby Union |
| 1996-09-09 | Order on motion to extend time, to file the factum | |
| 1996-09-04 |
Decision on motion to extend time, to file the factum to Oct 4/96, Reg Granted, no order as to costs |
|
| 1996-09-04 | Hearing of motion to extend time, 1996-09-04, to file the factum to Oct 4/96, Reg | |
| 1996-09-04 | Submission of motion to extend time, 1996-09-04, to file the factum to Oct 4/96, Reg | |
| 1996-09-03 | Response to motion to extend time, of counsel of the B.C. Rugby Union re: motion to extend the time to file B. Rigby`s factum, Completed on: 1996-09-03 | British Columbia Rugby Union |
| 1996-09-03 | Response to motion to extend time, of the Respondents re: motion to extend the time to file G. Rigby`s factum, Completed on: 1996-09-03 | Mark Hamstra |
| 1996-09-03 | Affidavit, of Karen Liang (re: motion to extend the time to file B. Rigby`s factum), with service | Brian Rigby |
| 1996-09-03 | $50.00 filing fee for notice of motion, receipt no. 32525 | Brian Rigby |
| 1996-09-03 | Motion to extend time, to file the appellant`s factum to Oct. 4, 1996 (2 copies), with service, Completed on: 1996-09-03 | Brian Rigby |
| 1996-08-26 | Order on motion to extend time, to file the factum | |
| 1996-08-26 |
Decision on motion to extend time, to file the factum to Sept 30/96, DeRg Granted, no order as to costs |
|
| 1996-08-26 | Hearing of motion to extend time, 1996-08-26, to file the factum to Sept 30/96, DeRg | |
| 1996-08-26 | Submission of motion to extend time, 1996-08-26, to file the factum to Sept 30/96, DeRg | |
| 1996-08-23 | $50.00 filing fee for notice of motion, to extend time receipt #32489 | British Columbia Rugby Union |
| 1996-08-23 | Response to motion to extend time, to file the appellant's factum to Sept. 30/96, with service, Completed on: 1996-08-23 | Mark Hamstra |
| 1996-08-23 | Affidavit, to file the appellant's factum to Sept. 30/96 (of David J. Whitelaw), with service | British Columbia Rugby Union |
| 1996-08-23 | Motion to extend time, to file the appellant's factum to Sept. 30/96, with service, Completed on: 1996-08-23 | British Columbia Rugby Union |
| 1996-08-14 | Proof of service, of Case on Appeal | |
| 1996-07-22 | Certified casebook | British Columbia Rugby Union |
| 1996-07-22 | Case on appeal, 23 copies | British Columbia Rugby Union |
| 1996-06-25 | Proof of service, of Notice of change of solicitor | |
| 1996-06-21 | Order on motion to add or substitute parties, that Brian Rigby be added as an appellant | |
| 1996-06-19 |
Decision on motion to add or substitute parties, for an order that Brian Rigby be added as an appellant, Reg Granted, no order as to costs |
|
| 1996-06-19 | Hearing of motion to add or substitute parties, 1996-06-19, for an order that Brian Rigby be added as an appellant, Reg | |
| 1996-06-19 | Submission of motion to add or substitute parties, 1996-06-19, for an order that Brian Rigby be added as an appellant, Reg | |
| 1996-06-18 | $50.00 filing fee for notice of motion, receipt #32252 | Brian Rigby |
| 1996-06-18 | Response to motion to add or substitute parties, TO ADD BRIAN RIGBY AS APPELLANT, Completed on: 1996-06-18 | Mark Hamstra |
| 1996-06-18 | Response to motion to add or substitute parties, TO ADD BRIAN RIGBY AS APPELLANT, Completed on: 1996-06-18 | British Columbia Rugby Union |
| 1996-06-18 | Affidavit, TO BE ADDED AS APPELLANT; Brian Rigby, with service | Brian Rigby |
| 1996-06-18 | Motion to add or substitute parties, TO BE ADDED AS APPELLANT, with service, Completed on: 1996-06-18 | Brian Rigby |
| 1996-06-05 | Notice of change of counsel, from Russell V. Stanton to John N. Laxton, Q.C., with service | Mark Hamstra |
| 1996-05-03 | Order granting leave to appeal | |
| 1996-05-02 | Correspondence (sent by the Court) to, sent to Killam, Whitelaw & Twining (Vancouver, BC) enclosing copy of Rule 32 c.c. Osler, Hoskin & Harcourt | |
| 1996-05-02 | Correspondence (sent by the Court) to, sent to Law Offices of A. Ted Ewacniuk & Assoc. (Richmond, BC) enclosing copy of Rule 32 | |
| 1996-05-02 | Proof of service, of the notice of deposit of security receipt 2372 | |
| 1996-05-02 | Proof of service, of the notice of appeal admitted on April 29/96 | |
| 1996-04-24 | Notice of deposit of security | |
| 1996-04-24 | $500 security deposit paid, direction #2372 | British Columbia Rugby Union |
| 1996-04-24 | Notice of appeal, Completed on: 1996-04-24 | British Columbia Rugby Union |
| 1996-04-04 | Notice of deposit of judgment issued to all parties, Law Offices of A. Ted Ewachniuk & Associates (Richmond, BC) | |
| 1996-04-04 | Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt (Ottawa, ON) | |
| 1996-04-03 |
Judgment of the Court on the application for leave to appeal, L'HD So McL, The motion for an extension of time and the application for leave to appeal are granted. Granted, no order as to costs |
|
| 1996-04-03 |
Decision on motion to extend time to file and /or serve the leave application, L'HD So McL Granted, no order as to costs |
|
| 1996-04-03 | Hearing of motion to extend time to file and/ or serve the leave application, 1996-04-03, L'HD So McL | |
| 1996-04-03 | Submission of motion to extend time to file and/ or serve the leave application, 1996-04-03, L'HD So McL | |
| 1995-12-12 | Applicant's reply to respondent's argument, 5 copies, with service | British Columbia Rugby Union |
| 1995-12-11 | All materials on application for leave submitted to the Judges, L'HD So McL | |
| 1995-12-05 |
Decision on motion to extend time, to file the response to Dec 8/95, Reg Granted, no order as to costs |
|
| 1995-12-05 | Hearing of motion to extend time, 1995-12-05, to file the response to Dec 8/95, Reg | |
| 1995-12-05 | Submission of motion to extend time, 1995-12-05, to file the response to Dec 8/95, Reg | |
| 1995-12-04 | Correspondence received from, (by fax) from Mr. Whitelaw; re: opposing the extension of the respondent (original filed Dec. 8/95 | British Columbia Rugby Union |
| 1995-11-28 | Affidavit, to file a response; 5 copies; russell V. Stanton | Mark Hamstra |
| 1995-11-28 | Motion to extend time, to serve and file a response; 5 copies | Mark Hamstra |
| 1995-11-28 | Respondent's response on the application for leave to appeal, 5 copies | Mark Hamstra |
| 1995-11-28 | $50.00 filing fee for a notice of motion, receipt no. 31126 | Mark Hamstra |
| 1995-10-25 | General proceeding, to note 10 copies of C/A formal judgment | British Columbia Rugby Union |
| 1995-06-05 | Notice of change of solicitor, naming Eric A. Dolden as sollicitor in place of Richard B. Lindsay (this OTHER party is added as per Barb Kincaid) | Brian Rigby |
| 1995-06-05 | Correspondence received from, of Jane Jago (Osler, Hoskin & Harcourt) to confirm that the formal order of the B.C. Court of Appeal has not as yet been entered | British Columbia Rugby Union |
| 1995-05-31 | Correspondence received from, sent to Osler, Hoskin & Harcourt (Ottawa, ON) to acknowledge receipt of application for leave to appeal | |
| 1995-05-31 | Correspondence received from, sent to law Offices of A. Ted Ewachniuk & Assoc. (Richmond, BC) enclosing copy of letter dated May 31/95 sent to Applicant | |
| 1995-05-29 | Correspondence received from, from new solicitor for the Defendant, Brian Rigby re: notice of appointment of solicitor - Dolden, Walker, Folick, Barrister, 750 - 888 Dunsmuir Street, Vancouver, B.C. V6C 3K4 (689-3222 - Eric A. Dolden) - fax copy | |
| 1995-05-19 | $50.00 filing fee, receipt no. 30066 | British Columbia Rugby Union |
| 1995-05-19 | Application for leave to appeal, 5 copies (formal order of C.A. not yet entered), with service, Completed on: 1995-10-25 | British Columbia Rugby Union |
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 |
|---|---|---|
| British Columbia Rugby Union | Applicant | Active |
| Rigby, Brian | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Hamstra, Mark | Respondent | Active |
| Hamstra, Hendrik | Respondent | Active |
Counsel
Party: British Columbia Rugby Union
Counsel
David J. Whitelaw
Killam, Whitelaw & Twining
2400 - 200 GRANVILLE ST
BOX 25
VANCOUVER, British Columbia
V6C 1S4
Telephone: (604) 682-5466
FAX: (604) 682-5217
2400 - 200 GRANVILLE ST
BOX 25
VANCOUVER, British Columbia
V6C 1S4
Telephone: (604) 682-5466
FAX: (604) 682-5217
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Rigby, Brian
Counsel
Eric A. Dolden
Dolden Walker Folick
750 - 888 Dunsmuir St
Vancouver, British Columbia
V6C 3K4
Telephone: (604) 689-3222
FAX: (604) 689-3777
750 - 888 Dunsmuir St
Vancouver, British Columbia
V6C 3K4
Telephone: (604) 689-3222
FAX: (604) 689-3777
Agent
Eugene Meehan
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Party: Hamstra, Mark
Counsel
John N. Laxton, Q.C.
Robert D. Gibbens
Robert D. Gibbens
Laxton, Pidgeon & Company
1285 PENDER ST W
10TH FL
VANCOUVER, British Columbia
V6E 4B1
Telephone: (604) 682-3871
FAX: (604) 682-3704
1285 PENDER ST W
10TH FL
VANCOUVER, British Columbia
V6E 4B1
Telephone: (604) 682-3871
FAX: (604) 682-3704
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
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Hamstra, Hendrik
Counsel
John N. Laxton, Q.C.
Laxton, Pidgeon & Company
1285 PENDER ST W
10TH FL
VANCOUVER, British Columbia
V6E 4B1
Telephone: (604) 682-3871
FAX: (604) 682-3704
1285 PENDER ST W
10TH FL
VANCOUVER, British Columbia
V6E 4B1
Telephone: (604) 682-3871
FAX: (604) 682-3704
Agent
Henry S. Brown, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
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
August 4, 1989
Supreme Court of British Columbia
C865223
Supreme Court of British Columbia
C865223
respondent's action dismissed
March 28, 1995
Court of Appeal for British Columbia (Vancouver)
CA011335
Court of Appeal for British Columbia (Vancouver)
CA011335
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.
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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.
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Date modified: 2025-05-13