Case information
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24855
Husky Oil Operations Ltd., et al. v. Saint John Shipbuilding Limited, et al.
(Newfoundland & Labrador) (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) |
|---|---|---|
| 1998-03-06 | Appeal closed | |
| 1998-03-04 | Record returned to the Registrar of the Court of Appeal, (12 boxes) | |
| 1998-01-13 | Copy of formal judgment being prepared, all parties | |
| 1998-01-08 | Formal judgment sent to the registrar of the court of appeal and all parties, Newfoundland (St-John) | |
| 1997-12-19 | Notice of deposit of judgment sent to all parties, all parties | |
| 1997-12-18 |
Judgment on the appeal rendered, LaF So G Co McL Ia Ma, The appeal brought by Husky Oil Operations Limited and Bow Valley Industries Ltd. is dismissed with costs in this Court. The cross-appeal of Saint John Shipbuilding Limited with regard to the duty to warn is allowed with costs throughout, La Forest and McLachlin JJ. dissenting. All other cross-appeals are dismissed with costs in this Court. Dismissed, with costs |
|
| 1997-07-08 | General proceeding, transcripts received and distributed to the judges (175 pages) | |
| 1997-06-19 |
Hearing of the appeal, 1997-06-19, LaF So G Co McL Ia Ma Decision reserved |
|
| 1997-06-19 | General proceeding, 12 copies of Concise Book of Evidence & Authoritie s given in Court | Saint John Shipbuilding Limited |
| 1997-06-19 | General proceeding, 12 copies of Book of Extracts given in Court | Bow Valley Industries Ltd. |
| 1997-06-19 | General proceeding, 12 copies of Argument References (evidence given in Court | Bow Valley Husky (Bermuda) Ltd. |
| 1997-06-19 | General proceeding, 12 copies of Evidence Brief given in Court | Husky Oil Operations Ltd. |
| 1997-06-19 | General proceeding, 12 copies of Case Extracts | Husky Oil Operations Ltd. |
| 1997-06-18 | General proceeding, 12 copies of CONDENSED BOOK | Raychem Canada Limited |
| 1997-06-16 | Trial court exhibits, 1 large box containing Exhibit No. 7 and Exhibit AAH#2 | |
| 1997-06-13 | Notice of appearance, of counsel for the hearing of the appeal | Husky Oil Operations Ltd. |
| 1997-06-13 | Notice of appearance, of J.Edgar Sexton, Q.C. et al appearing at the hearing of the appeal | Saint John Shipbuilding Limited |
| 1997-06-10 | Order on motion to extend time, to file their factum | |
| 1997-06-10 |
Decision on motion to extend time, to file their factum to Oct. 15/96, Reg Granted, no order as to costs |
|
| 1997-06-10 | Hearing of motion to extend time, 1997-06-10, to file their factum to Oct. 15/96, Reg | |
| 1997-06-10 | Submission of motion to extend time, 1997-06-10, to file their factum to Oct. 15/96, Reg | |
| 1997-06-09 | Book of authorities, 10 copies, with service, Completed on: 1997-06-09 | Bow Valley Industries Ltd. |
| 1997-06-06 | Book of authorities, 10 copies, Completed on: 1997-06-06 | Bow Valley Husky (Bermuda) Ltd. |
| 1997-06-06 | Response to motion to extend time, to file the appellant's factum to October 15, 1996 (joint consents), Completed on: 1997-06-06 | Bow Valley Industries Ltd. |
| 1997-06-06 | Affidavit, to file the appellant's factum to October 15, 1996 (Anthony Jordan) | Husky Oil Operations Ltd. |
| 1997-06-06 | $50.00 filing fee for notice of motion, receipt no. 34283 | Husky Oil Operations Ltd. |
| 1997-06-06 | Motion to extend time, to file the appellant's factum to October 15, 1996, Completed on: 1997-06-06 | Husky Oil Operations Ltd. |
| 1997-06-06 |
Decision on the motion for leave to intervene, (for reasons se order), Co Dismissed, no order as to costs |
|
| 1997-06-06 | Hearing of motion for leave to intervene, 1997-06-06, (for reasons se order), Co | |
| 1997-06-06 | Submission of motion for leave to intervene, 1997-06-06, (for reasons se order), Co | |
| 1997-06-06 |
Decision on the motion for leave to intervene, (for reasons see file), Co Dismissed, no order as to costs |
|
| 1997-06-06 | Hearing of motion for leave to intervene, 1997-06-06, (for reasons see file), Co | |
| 1997-06-06 | Submission of motion for leave to intervene, 1997-06-06, (for reasons see file), Co | |
| 1997-06-06 |
Decision on the motion for leave to intervene, by Christopher Hogarth et al (for reasons see file), Co Dismissed, no order as to costs |
|
| 1997-06-06 | Hearing of motion for leave to intervene, 1997-06-06, by Christopher Hogarth et al (for reasons see file), Co | |
| 1997-06-06 | Submission of motion for leave to intervene, 1997-06-06, by Christopher Hogarth et al (for reasons see file), Co | |
| 1997-06-06 |
Decision on the motion for leave to intervene, (for reasons see order), Co Dismissed, no order as to costs |
|
| 1997-06-06 | Hearing of motion for leave to intervene, 1997-06-06, (for reasons see order), Co | |
| 1997-06-06 | Submission of motion for leave to intervene, 1997-06-06, (for reasons see order), Co | |
| 1997-06-03 | General proceeding, 24 copies of FACTUM OF RESPONDENT BY CROSS-APPEAL | Bow Valley Husky (Bermuda) Ltd. |
| 1997-06-03 | General proceeding, 24 copies of FACTUM OF RESPONDENT BY CROSS-APPEAL | Bow Valley Husky (Bermuda) Ltd. |
| 1997-06-03 | Correspondence (sent by the Court) to, from Michael Harrington of Stewart, McKelvey, Stirling, letter dated May 28, 1997 re: responding to the motion to intervene by Ordon | |
| 1997-06-02 | Book of authorities, ON CROSS-APPEAL 10 copies of vol. I & II, Completed on: 1997-06-02 | Husky Oil Operations Ltd. |
| 1997-05-29 | Proof of service, of reply to the intervners' motions | |
| 1997-05-29 | Correspondence (sent by the Court) to | |
| 1997-05-28 | Correspondence (sent by the Court) to, (by fax) from M.F. Harrington, Q.C.; re: if the Court desires to hear the Ordon v. Grail issues we requests that the Court assure that the June 19/97 hearing date and time allocated be preserved | |
| 1997-05-28 | Supplemental factum, on CROSS-APPEAL; 24 copies, Completed on: 1997-05-28 | Saint John Shipbuilding Limited |
| 1997-05-27 | Correspondence (sent by the Court) to, (by fax) from Wylie Spicer; re: time alloted for hearing day; takes no position on the intervention applications | |
| 1997-05-27 | General proceeding, 5 copies of reply to motions for leave to intervene, with service | Saint John Shipbuilding Limited |
| 1997-05-27 | General proceeding, 5 copies of response to the intervention, with service | Josephine Perry |
| 1997-05-26 | Correspondence (sent by the Court) to, from Ian Binnie, letter dated May 23, 1997 re: does not take any position with regards to the motion to intervene by Edenvale Inn (fax copy) | |
| 1997-05-26 | General proceeding, 2 copies of response to motion to intervene of Grail, with service | Deborah Ordon |
| 1997-05-26 | $50.00 filing fee for notice of motion, receipt #34189 | Deborah Ordon |
| 1997-05-26 | Affidavit, William Marlow Sharpe; 2 copies, with service | Deborah Ordon |
| 1997-05-26 | Motion for leave to intervene, 2 copies, with service, Completed on: 1997-05-26 | Deborah Ordon |
| 1997-05-23 | General proceeding, 24 copies of BOW VALLEY INDUSTRIES LTD., (RESPONDENT BY CROSS-APPEAL), with service | Bow Valley Industries Ltd. |
| 1997-05-23 | General proceeding, 10 copies of REPLY OF HUSKY OIL OPERATIONS TO THE APPLICATION FOR LEAVE TO INTERVENE BY ONTARIO HOLIDAYS CORPOPRATION - book form | Husky Oil Operations Ltd. |
| 1997-05-20 | $50.00 filing fee for notice of motion, to intervene receipt #34148 | Ontario Holidays Corporation carrying on business as The Edenvale Inn |
| 1997-05-16 | Affidavit, 3 copies (of M. Jasmine Sweatman), with service | Ontario Holidays Corporation carrying on business as The Edenvale Inn |
| 1997-05-16 | Motion to extend time, 3 copies (bookform), with service, Completed on: 1997-05-16 | Ontario Holidays Corporation carrying on business as The Edenvale Inn |
| 1997-05-16 | Affidavit, 3 copies (of M. Jasmine Sweatman), with service | Ontario Holidays Corporation carrying on business as The Edenvale Inn |
| 1997-05-16 | Motion for leave to intervene, 3 copies (bookform), with service, Completed on: 1997-05-16 | Ontario Holidays Corporation carrying on business as The Edenvale Inn |
| 1997-05-16 | $50.00 filing fee for notice of motion, receipt #24855 | Christopher Hogarth |
| 1997-05-16 | Affidavit, 5 copies; David Beard (joint with I03, I04, I05, I06, I07), with service | Christopher Hogarth |
| 1997-05-16 | Motion for leave to intervene, 5 copies (joint with I03, I04, I05, I06, I07), with service, Completed on: 1997-05-16 | Christopher Hogarth |
| 1997-05-16 | $50.00 filing fee for notice of motion, receipt #34138 | Larry Grail |
| 1997-05-16 | Affidavit, 5 copies; Lawrence raymond McRae, with service | Larry Grail |
| 1997-05-16 | Motion for leave to intervene, 5 copies, with service, Completed on: 1997-05-16 | Larry Grail |
| 1997-05-14 | Notice of hearing, With service | Husky Oil Operations Ltd. |
| 1997-05-14 | Correspondence (sent by the Court) to, (by fax) from Nigel H. Frawley (R35 in 25702); re: will be responding to the interventions | |
| 1997-05-12 | Response to motion to extend time, to file the factum of St. Joph Shipbuilding in response to Bow Valley Husky (Bermuda) Ltd.'s cross-appeal to April 30, 1997 (joint consents) - 2 copies, Completed on: 1997-05-12 | Husky Oil Operations Ltd. |
| 1997-05-12 | Affidavit, to file the factum of St. John Shipbuilding in response to Bow Valley Husky (Bermuda) Ltd.'s cross-appeal (Jane Jago) - 2 copies, with service | Saint John Shipbuilding Limited |
| 1997-05-12 | $50.00 filing fee for notice of motion, receipt no. 34105 | Saint John Shipbuilding Limited |
| 1997-05-12 | Motion to extend time, to file the factum of St. John Shipbuilding in response to Bow Valley Husky (Bermuda) Ltd.'s cross-appeal to April 30, 1997 - 2 copies, with service, Completed on: 1997-05-12 | Saint John Shipbuilding Limited |
| 1997-05-12 | Order on motion to extend time, to file their factum | |
| 1997-05-12 |
Decision on motion to extend time, to file their factum to Apr. 30/97, Reg Granted, no order as to costs |
|
| 1997-05-12 | Hearing of motion to extend time, 1997-05-12, to file their factum to Apr. 30/97, Reg | |
| 1997-05-12 | Submission of motion to extend time, 1997-05-12, to file their factum to Apr. 30/97, Reg | |
| 1997-05-07 | General proceeding, 12 copies of INDEX TO THE CASE ON APPEAL | Husky Oil Operations Ltd. |
| 1997-04-30 |
Appeal hearing scheduled, 1997-06-19 Decision reserved |
|
| 1997-04-30 | Supplemental document, 10 copies of (additional authorities in response to Bow Valley Husky (Bermuda) Ltd. cross- appeal, with service | Saint John Shipbuilding Limited |
| 1997-04-30 | Respondent's factum, 24 copies (in response to Bow Valley Husky (Bermuda) Ltd. cross- appeal (extension requested), with service, Completed on: 1997-04-30 | Saint John Shipbuilding Limited |
| 1997-04-16 | Order on motion to extend time, to file their factum | |
| 1997-04-16 |
Decision on motion to extend time, their factum to Apr. 14/97, Reg Granted, no order as to costs |
|
| 1997-04-16 | Hearing of motion to extend time, 1997-04-16, their factum to Apr. 14/97, Reg | |
| 1997-04-16 | Submission of motion to extend time, 1997-04-16, their factum to Apr. 14/97, Reg | |
| 1997-04-16 | Book of authorities, 10 copies (to the cross-appeal of Bow-Valley Husky (Bermuda) Ltd.), Completed on: 1997-04-16 | Raychem Canada Limited |
| 1997-04-16 | Respondent's factum, (joint with R15) to the CROSS-APPEAL of Bow Valley Husky (Bermuda) Ltd. 24 copies (extension of time requested), Completed on: 1997-04-16 | Raychem Canada Limited |
| 1997-04-15 | Response to motion to extend time, of Code, Hunter, Willman (joint consents with Bow Valley Husky (Bermuda), Bow Valley Industries, Raychem Canada Ltd.) re: motin to extend the time to file the respondent's factum and cross-appeal factum, Completed on: 1997-04-15 | Husky Oil Operations Ltd. |
| 1997-04-15 | Affidavit, of Jane Jago re: motion to extend the time to file the respondent's factum and cross-appeal factum to April 14, 1997, with service | Saint John Shipbuilding Limited |
| 1997-04-15 | $50.00 filing fee for notice of motion, receipt no. 33947 | Saint John Shipbuilding Limited |
| 1997-04-15 | Motion to extend time, to file the respondent's factum and factun on cross-appeal to April 14, 1997 (2 copies), with service, Completed on: 1997-04-15 | Saint John Shipbuilding Limited |
| 1997-04-14 | Respondent's factum, 24 copies (JOINT WITH FACTUM ON CROSS-APPEAL (extension of time requested), Completed on: 1997-04-14 | Saint John Shipbuilding Limited |
| 1997-04-14 | Book of authorities, 10 copies of vol. 1 and 2, Completed on: 1997-04-14 | Saint John Shipbuilding Limited |
| 1997-04-14 | Proof of service, of the respondent's factum and cross-appeal | |
| 1997-04-07 |
Decision on motion to extend time, to file the factum to Dec. 3/96, DeRg Granted, no order as to costs |
|
| 1997-04-07 | Hearing of motion to extend time, 1997-04-07, to file the factum to Dec. 3/96, DeRg | |
| 1997-04-07 | Submission of motion to extend time, 1997-04-07, to file the factum to Dec. 3/96, DeRg | |
| 1997-04-07 | Order on motion to extend time, to file their factum | |
| 1997-04-07 | Response to motion to extend time, to file Bow Valley Industries's factum to Dec. 3, 1996 (joint consent with Raychem Canada and St. John Shipbuilding), Completed on: 1997-04-07 | Husky Oil Operations Ltd. |
| 1997-04-07 | Affidavit, to file the appellant's factum to Dec. 3, 1996 (C. Baxter) | Bow Valley Industries Ltd. |
| 1997-04-07 | $50.00 filing fee for notice of motion, receipt no. 33893 | Bow Valley Industries Ltd. |
| 1997-04-07 | Motion to extend time, to file the appellant's factum to Dec. 3, 1996, Completed on: 1997-04-07 | Bow Valley Industries Ltd. |
| 1997-04-03 |
Decision on motion to extend time, to file the factum of Raychem Canada Ltd. & Raychem Corp. to March 4/97, DeRg Granted, no order as to costs |
|
| 1997-04-03 | Hearing of motion to extend time, 1997-04-03, to file the factum of Raychem Canada Ltd. & Raychem Corp. to March 4/97, DeRg | |
| 1997-04-03 | Submission of motion to extend time, 1997-04-03, to file the factum of Raychem Canada Ltd. & Raychem Corp. to March 4/97, DeRg | |
| 1997-03-27 |
Decision on motion for additional time to present oral argument, CJ, 1) The time for oral argument at the hearing of the appeal shall be allocated as follows: Husky Oil Operations Ltd. 1 hr; Bow Valley Industries Ltd. 1 hr; Bow Valley Husky (Bermuda) Ltd. 1 hr; Saint John Shipbuilding Ltd. 1 hr 30 min.; Raychem Corporation & Raychem Canada Ltd. 1 hr 30 min. 2) The appeal shall be heard on Thursday, June 19, 1997, commencing at 9:15 a.m. Dismissed, no order as to costs |
|
| 1997-03-27 | Hearing of motion for additional time to present oral argument, 1997-03-27, CJ | |
| 1997-03-27 | Submission of motion for additional time to present oral argument, 1997-03-27, CJ | |
| 1997-03-18 | Correspondence (sent by the Court) to, from Donald Hanna of Osler, Hoskin, letter dated March 18, 1997 (fax copy) re: setting out their proposal as to the times for submissions | |
| 1997-03-11 | Correspondence (sent by the Court) to, from Donald Hanna to A. Roland, letter dated March 10, 1997 (fax copy) re: will response shortly relatively to counsels' availability on June 19 and 20, 1997 | |
| 1997-03-11 | Response to the motion for additional time to present oral argument, of Anthony Jordan of Code, Hunter, Wittmann (letter form), Completed on: 1997-03-11 | Husky Oil Operations Ltd. |
| 1997-03-11 | Affidavit, to file the respondent's factum and cross-appeal to March 3, 1997 (Wylie Spicer), with service | Raychem Canada Limited |
| 1997-03-11 | $50.00 filing fee for notice of motion, receipt no. 33720 | Raychem Canada Limited |
| 1997-03-11 | Motion to extend time, to file the respondent's factum and cross-appeal to March 3, 1997 - 2 copies, with service, Completed on: 1997-03-11 | Raychem Canada Limited |
| 1997-03-10 | Book of authorities, 10 copies, Completed on: 1997-03-10 | Raychem Canada Limited |
| 1997-03-05 | $50.00 filing fee for notice of motion, receipt no. 33671 | Saint John Shipbuilding Limited |
| 1997-03-05 | Affidavit, of J. Edgar Sexton (5 copies - book form), with service | Saint John Shipbuilding Limited |
| 1997-03-05 | Motion for additional time to present oral argument, (for an order extending the time allotted for argument to 2 days and to be heard on June 25 and June 26, 1997) - 5 copies - book form, with service, Completed on: 1997-03-05 | Saint John Shipbuilding Limited |
| 1997-03-04 | Respondent's factum, 24 copies (joint with appellant on cross-appeal) (extension of time requested), Completed on: 1997-03-04 | Raychem Canada Limited |
| 1997-02-28 | Correspondence (sent by the Court) to, from Edgar Sexton to A. Roland, letter dated Feb. 27, 1997 (fax copy) re: concern with respect to the time required for oral argument of this appeal | |
| 1997-01-28 | Book of authorities, 10 copies of AUTHORITIES OF THE APPELLANT BY CROSS-APPEAL (BOW VALLEY HUSKY BERMUDA LTD.), Completed on: 1997-01-28 | Bow Valley Husky (Bermuda) Ltd. |
| 1997-01-28 | Appeal perfected for hearing, Session beginning on 1997-04-21 | |
| 1997-01-28 | Respondent's factum, 24 copies (APPELLANT ON CROSS-APPEAL), Completed on: 1997-01-28 | Bow Valley Husky (Bermuda) Ltd. |
| 1996-12-17 | Book of authorities, 11 copies, with service, Completed on: 1996-12-17 | Bow Valley Industries Ltd. |
| 1996-12-02 | Appellant's factum, 24 copies (EXTENSION OF TIME REQUESTED), with service, Completed on: 1996-12-02 | Bow Valley Industries Ltd. |
| 1996-11-22 | Correspondence (sent by the Court) to, sent to McInnes Cooper & Robertson (Halifax, NS) enclosing copy of notice to the profession dealing with condensed books c.c. Gowling, Strathy & Henderson | |
| 1996-11-22 | Correspondence (sent by the Court) to, sent to Haley Hunt (St. John's, NF) enclosing copy of notice to the profession dealing with condensed books c.c. Osler, Hoskin & Harcourt | |
| 1996-11-22 | Correspondence (sent by the Court) to, sent to McCarthy Tetrault (Toronto, ON) enclosing copy of notice to the profession dealing with condensed books c.c. Colin Baxter | |
| 1996-11-22 | Correspondence (sent by the Court) to, sent to Code Hunter Wittmann (Calgary, AB) enclosing copy of notice to the profession dealing with condensed books c.c. Gowling, Strathy & Henderson | |
| 1996-10-15 | Appellant's factum, 24 copies (extension requested), with service, Completed on: 1996-10-15 | Husky Oil Operations Ltd. |
| 1996-10-15 | Book of authorities, 10 copies of vol. 1 to 4 (Danielle advised), Completed on: 1996-10-15 | Husky Oil Operations Ltd. |
| 1996-10-08 |
Decision on motion to extend time, to file case on appeal to Sept 27/96, DeRg Granted, no order as to costs |
|
| 1996-10-08 | Hearing of motion to extend time, 1996-10-08, to file case on appeal to Sept 27/96, DeRg | |
| 1996-10-08 | Submission of motion to extend time, 1996-10-08, to file case on appeal to Sept 27/96, DeRg | |
| 1996-09-26 | $50.00 filing fee for notice of motion, receipt #32663 | Husky Oil Operations Ltd. |
| 1996-09-26 | Affidavit, to serve and file the Case on Appeal; Deirdre A. Mullan | Husky Oil Operations Ltd. |
| 1996-09-26 | Motion to extend time, to serve and file the Case on Appeal, Completed on: 1996-09-26 | Husky Oil Operations Ltd. |
| 1996-09-25 | Case on appeal, (95 boxes)(extension of time requested) (24 copies of vol. 1 to 55) (D.Beaulieu advised) | Husky Oil Operations Ltd. |
| 1996-09-25 | Correspondence (sent by the Court) to, sent to Stewart McKelvey Stirling Scales (St. John's, NF) to acknowledge receipt of letter of Sept 11/96 in which directions were asked (for directions, see file). c.c. Anthony J. Jordan, Q.C. - John F. Rook, Q.C. - Ian Binnie, Q.C. - Wylie Spicer, Q.C. | |
| 1996-09-12 | Correspondence (sent by the Court) to, from Stewart, McKelvey to A. Roland, letter dated Sept. 11, 1996 (fax copy) re: requesting directions for the filing of factums on appeal and cross-appeal | |
| 1996-08-22 | Appeal court record, 11 boxes + 1 accordion containing exhibits (taped to box no:1) | |
| 1996-07-24 | Order on leave to cross-appeal, (joint motion) | |
| 1996-07-24 | Order granting leave to appeal | |
| 1996-05-31 | $10.00 fee for depositing security, receipt #32164 | Husky Oil Operations Ltd. |
| 1996-05-31 | Notice of deposit of security, With service | |
| 1996-05-31 | Proof of service, of Notice of Appeal | |
| 1996-05-30 | Proof of service, of the Notice of Appeal admitted on May 23/96 | |
| 1996-05-30 | $500 security deposit paid, receipt #2377 | Husky Oil Operations Ltd. |
| 1996-05-29 | Notice of cross appeal, With service, Completed on: 1996-05-29 | Bow Valley Husky (Bermuda) Ltd. |
| 1996-05-27 | Notice of cross appeal, With service, Completed on: 1996-05-27 | Saint John Shipbuilding Limited |
| 1996-05-24 | Notice of cross appeal, Completed on: 1996-05-24 | Raychem Canada Limited |
| 1996-05-24 | Correspondence (sent by the Court) to, sent to mcInnes Cooper & Robertson (Halilfax, NS) enclosing copy of Rule 32 c.c. Gowling | |
| 1996-05-24 | Correspondence (sent by the Court) to, sent to Haley Hunt (St. John's, NF) enclosing copy of Rule 32 c.c. Jane Jago | |
| 1996-05-24 | Correspondence (sent by the Court) to, sent to McCarthy Tétrault (Toronto, ON) enclosing copy of Rule 32 c.c. Colin Baxter | |
| 1996-05-24 | Correspondence (sent by the Court) to, sent to Osler, Hoskin & Harcourt (Toronto, ON) enclosing copy of Rule 32 c.c. Jane Jago | |
| 1996-05-24 | Correspondence (sent by the Court) to, sent to Code Hunter Wittmann (Calgary, AB) enclosing copy of Rule 32 c.c. Gowling | |
| 1996-05-23 | Notice of appeal, Completed on: 1996-05-23 | Husky Oil Operations Ltd. |
| 1996-05-22 | Notice of appeal, With service, Completed on: 1996-05-22 | Bow Valley Industries Ltd. |
| 1996-05-02 | Judgment of the Court on the application for leave to cross-appeal | |
| 1996-05-02 |
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 applications for leave to appeal and the applications for leave to cross-appeal are granted, except on the findings relating to whether the heat tracing system, including the Thermaclad, was an "owner directed supply" under the definition set out in the contract. Granted, no order as to costs |
|
| 1996-05-02 |
Decision on motion to extend time to file and /or serve the leave application, LaF Co Ma Granted, no order as to costs |
|
| 1996-05-02 | Hearing of motion to extend time to file and/ or serve the leave application, 1996-05-02, LaF Co Ma | |
| 1996-05-02 | Submission of motion to extend time to file and/ or serve the leave application, 1996-05-02, LaF Co Ma | |
| 1996-05-02 | Notice of deposit of judgment issued to all parties, McCarthy, Tétrault | |
| 1996-05-02 | Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt (Ottawa, ON) | |
| 1996-05-02 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson | |
| 1995-12-11 | Applicant's reply to respondent's argument, on leave to CROSS-APPEAL sent to LaF Co Ma, Dec 12/95 | Bow Valley Husky (Bermuda) Ltd. |
| 1995-12-11 | Order on motion to extend time, to file the reply | |
| 1995-12-11 |
Decision on motion to extend time, to file a reply on leave to cross-appeal to Dec 4, 1995, Reg Granted, no order as to costs |
|
| 1995-12-11 | Hearing of motion to extend time, 1995-12-11, to file a reply on leave to cross-appeal to Dec 4, 1995, Reg | |
| 1995-12-11 | Submission of motion to extend time, 1995-12-11, to file a reply on leave to cross-appeal to Dec 4, 1995, Reg | |
| 1995-12-08 | Affidavit, to serve and file the reply on the leave to cross-appeal; Harvey L. Morrison | Raychem Canada Limited |
| 1995-12-08 | Motion to extend time, to serve and file the reply to the leave to cross-appeal | Raychem Canada Limited |
| 1995-12-05 | Order on motion to extend time, to file a reply and response to Dec 4/95 | |
| 1995-12-05 |
Decision on motion to extend time, to file a reply & response to Bow Valley Husky (Bermuda) Ltd.'s leave to cross-appeal to Dec 4, 1995, Reg Granted, no order as to costs |
|
| 1995-12-05 | Hearing of motion to extend time, 1995-12-05, to file a reply & response to Bow Valley Husky (Bermuda) Ltd.'s leave to cross-appeal to Dec 4, 1995, Reg | |
| 1995-12-05 | Submission of motion to extend time, 1995-12-05, to file a reply & response to Bow Valley Husky (Bermuda) Ltd.'s leave to cross-appeal to Dec 4, 1995, Reg | |
| 1995-12-04 | Applicant's reply to respondent's argument, on application for leave to CROSS-APPEAL 5 copies (see order of Dec. 11/95) sent to LaF Co Ma, Dec 12/95 | Raychem Canada Limited |
| 1995-12-04 | Response to motion to extend time, to file the respondent's response and applicant's reply to Dec. 4/95 (bookform) (joint with A02, R01, R02) | Husky Oil Operations Ltd. |
| 1995-12-04 | $50.00 filing fee for a notice of motion, to extend time receipt #31153 | Saint John Shipbuilding Limited |
| 1995-12-04 | Affidavit, to file the respondent's response and applicant's reply to Dec. 4/95 (bookform), with service | Saint John Shipbuilding Limited |
| 1995-12-04 | Motion to extend time, to file the respondent's response and applicant's reply to Bow Valley Husky BERMUDA Ltd to Dec. 4/95 (bookform), with service | Saint John Shipbuilding Limited |
| 1995-12-04 | Applicant's reply to respondent's argument, on leave to cross-appeal (joint with RESPONSE) sent to LaF Co Ma, Dec 6/95, with service | Saint John Shipbuilding Limited |
| 1995-12-04 | Memorandum of argument in response to the cross-appeal, of Bow Valley Husky BERMUDA Ltd. 5 copies (joint with REPLY) sent to LaF Co Ma, Dec 6/95, with service | Saint John Shipbuilding Limited |
| 1995-12-04 | Memorandum of argument in response to the cross-appeal, of Bow Valley Husky BERMUDA Ltd. 5 copies sent to LaF Co Ma, Dec 6/95 | Raychem Canada Limited |
| 1995-12-04 | Book of authorities, 5 copies of Vol. I & II sent to LaF Co Ma, Dec 6, 1995 | Raychem Canada Limited |
| 1995-11-30 | All material on the application for leave to cross-appeal submitted to the Judges | |
| 1995-11-30 | All materials on application for leave submitted to the Judges, LaF Co Ma | |
| 1995-11-08 | Proof of service, of reply nd cross-appeal | |
| 1995-11-06 | Correspondence received from, of Anthony J. Jordan (Code Hunter Wittmann) dated Nov. 3/95 to advise the Court that Husky Oil Operations Ltd. does not intend to file a response to applications for leave to cross-appeal brought by the respondents (to be SENT to the judges) | Husky Oil Operations Ltd. |
| 1995-11-06 | Order on motion to extend time, to file the reply and response to leave to cross-appeal to Nov 1/95 | |
| 1995-11-03 | $50.00 filing fee for a notice of motion, receipt #31003 | Bow Valley Industries Ltd. |
| 1995-11-03 | Memorandum of argument in response to the cross-appeal, 6 copies | Bow Valley Husky (Bermuda) Ltd. |
| 1995-11-03 | Application for leave to cross-appeal, 6 copies (IN THE EVENT THAT LEAVE TO CROSS-APPEAL BY SAINT JOHN SHIPBUILDING LTD & RAYCHEM CANADA & RAYCHEM CORPORATION IS GRANTED) [EXTENSION of time included in motion book] | Bow Valley Husky (Bermuda) Ltd. |
| 1995-11-02 | Response to motion to extend time, to serve and file the applicant, Bow Valley's reply | Saint John Shipbuilding Limited |
| 1995-11-02 | Affidavit, to serve and file the reply; Colin S. Baxter, with service | Bow Valley Industries Ltd. |
| 1995-11-02 |
Decision on motion to extend time, to file the reply and response to leave to cross-appeal to Nov 1/95, Reg Granted, no order as to costs |
|
| 1995-11-02 | Hearing of motion to extend time, 1995-11-02, to file the reply and response to leave to cross-appeal to Nov 1/95, Reg | |
| 1995-11-02 | Submission of motion to extend time, 1995-11-02, to file the reply and response to leave to cross-appeal to Nov 1/95, Reg | |
| 1995-11-02 | Motion to extend time, to serve and file the reply, with service | Bow Valley Industries Ltd. |
| 1995-11-01 | Applicant's reply to respondent's argument, and cross-appeal; 5 copies | Bow Valley Industries Ltd. |
| 1995-10-25 | General proceeding, 5 copies of Order after Appeal signed by the Court of appeal and dated Oct. 12/95 (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL) | Husky Oil Operations Ltd. |
| 1995-10-24 | General proceeding, 5 copies of Trial Court Order | Husky Oil Operations Ltd. |
| 1995-10-24 | Proof of service, of the applicant's reply (service admitted on Oct. 23/95 to St. John Shipbuilding) | |
| 1995-10-23 | General proceeding, to note the C/A formal order (to insert in leave book) | Husky Oil Operations Ltd. |
| 1995-10-23 | Applicant's reply to respondent's argument, 5 copies (see order dated Oct. 17/95), with service | Husky Oil Operations Ltd. |
| 1995-10-17 | Order on motion to extend time, to file the reply to Oct 23/95 | |
| 1995-10-17 |
Decision on motion to extend time, to file the reply to Oct 23/95, Reg Granted, no order as to costs |
|
| 1995-10-17 | Hearing of motion to extend time, 1995-10-17, to file the reply to Oct 23/95, Reg | |
| 1995-10-17 | Submission of motion to extend time, 1995-10-17, to file the reply to Oct 23/95, Reg | |
| 1995-10-16 | Response to motion to extend time, to file the applicant's reply to Oct. 23/95 (joint with R02) | Saint John Shipbuilding Limited |
| 1995-10-12 | $50.00 filing fee for a notice of motion, receipt no. 30851 | Husky Oil Operations Ltd. |
| 1995-10-12 | Affidavit, of Anthony J. Jordan (re: motion to file a reply to Oct. 23/95) | Husky Oil Operations Ltd. |
| 1995-10-12 | Motion to extend time, to file the reply to October 23, 1995 | Husky Oil Operations Ltd. |
| 1995-10-10 | Proof of service, of response | |
| 1995-10-06 | $50.00 filing fee for a notice of motion, receipt no. 30821 (for motion to cross-appeal) | Saint John Shipbuilding Limited |
| 1995-10-06 | Correspondence received from, from Osler, Hoskin to Registrar, letter dated Oct. 5/95 re: one of the plaintiffs (Raychem corporation) did not seek leave to appeal but is affected by the application for cross-appeal (TO BE SENT WITH THE APPLICATION FOR LEAVE AND CROSS-APPEAL) | Saint John Shipbuilding Limited |
| 1995-10-06 | General proceeding, 5 copies of BOOK OF AUTHORITIES ON CROSS-APPEAL | Saint John Shipbuilding Limited |
| 1995-10-06 | Application for leave to cross-appeal, 5 copies, with service | Saint John Shipbuilding Limited |
| 1995-10-06 | Book of authorities, 5 copies of vol. 1 and 2 | Saint John Shipbuilding Limited |
| 1995-10-06 | Respondent's response on the application for leave to appeal, 5 copies (RESPONSE TO BOTH APPLICATIONS FOR LEAVE TO APPEAL), with service | Saint John Shipbuilding Limited |
| 1995-10-06 | Respondent's response on the application for leave to appeal, 5 copies (joint with Leave to cross-appeal) | Raychem Canada Limited |
| 1995-10-06 | Application for leave to cross-appeal, 5 copies (joint with respondents' response) | Raychem Canada Limited |
| 1995-09-19 | Correspondence received from, sent to Haley Hunt (St. John's, NF) enclosing copy of letter dated Sept 19/95 sent to applicant | |
| 1995-09-19 | Correspondence received from, sent to McCarthy, Tétrault (Ottawa, ON) to acknowledge receipt of application for leave to appeal | |
| 1995-09-14 | $50.00 filing fee, receipt no. 30631 | Bow Valley Industries Ltd. |
| 1995-09-08 | Proof of service, of the FIRST APPLICATION FOR LEAVE TO APPEAL | |
| 1995-09-07 | Correspondence received from, sent to Haley Hunt (St. John's, NF) enclosing copy of letter dated Sept 7/95 sent to applicant | |
| 1995-09-07 | Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) to acknowledge receipt of application for leave to appeal | |
| 1995-09-07 | Application for leave to appeal, 6 copies of vol. 1 and 2 (formal orders not signed) - SECOND APPLICATION, with service, Completed on: 1995-10-24 | Bow Valley Industries Ltd. |
| 1995-09-06 | $50.00 filing fee, receipt no. 30606 | Husky Oil Operations Ltd. |
| 1995-09-06 | Application for leave to appeal, 5 copies of vol. 1 to 3 (service missing and formal orders not signed) - FIRST APPLICATION, Completed on: 1995-10-24 | Husky Oil Operations 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 |
|---|---|---|
| Husky Oil Operations Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Saint John Shipbuilding Limited | Respondent | Active |
| Raychem Canada Limited | Respondent | Active |
| Raychem Corporation | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Bow Valley Industries Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Saint John Shipbuilding Limited | Respondent | Active |
| Raychem Canada Limited | Respondent | Active |
| Raychem Corporation | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Saint John Shipbuilding Limited | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bow Valley Husky (Bermuda) Ltd. | Respondent | Active |
| Husky Oil Operations Ltd. | Respondent | Active |
| Bow Valley Industries Ltd. | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Raychem Canada Limited | Applicant | Active |
| Raychem Corporation | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bow Valley Husky (Bermuda) Ltd. | Respondent | Active |
| Husky Oil Operations Ltd. | Respondent | Active |
| Bow Valley Industries Ltd. | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Bow Valley Husky (Bermuda) Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Saint John Shipbuilding Limited | Respondent | Active |
| Raychem Canada Limited | Respondent | Active |
| Raychem Corporation | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Hogarth, Murray | Intervener | Pending |
| Hogarth, Diana Ruth | Intervener | Pending |
| Pioneer Petroleums Inc. | Intervener | Pending |
| Perry, Josephine | Intervener | Pending |
| Haller, John | Intervener | Pending |
Counsel
Party: Husky Oil Operations Ltd.
Counsel
SCOTIA CENTRE
1200 - 700, 2ND ST SW
CALGARY, Alberta
T2P 4V5
Telephone: (403) 298-1000
FAX: (403) 263-9193
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Bow Valley Industries Ltd.
Counsel
4700 TD BANK TOWER
PO BOX 48
TORONTO, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386
Party: Saint John Shipbuilding Limited
Counsel
J. Edgar Sexton, Q.C.
1 First Canadian Place
PO Box 50
Toronto, Ontario
M5X 1B8
Telephone: (416) 362-2111
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Raychem Canada Limited
Counsel
1601 LOWER WATER ST
PO BOX 730 STN CENTRAL
HALIFAX, Nova Scotia
B3J 2V1
Telephone: (902) 425-6500
FAX: (902) 425-6350
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Raychem Corporation
Counsel
1601 LOWER WATER ST
PO BOX 730 STN CENTRAL
HALIFAX, Nova Scotia
B3J 2V1
Telephone: (902) 425-6500
FAX: (902) 425-6350
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Bow Valley Husky (Bermuda) Ltd.
Counsel
100 NEW GOWER ST
PO BOX 5038 STN C
ST JOHN'S, Newfoundland & Labrador
A1C 5V3
Telephone: (709) 722-4270
FAX: (709) 722-4565
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Hogarth, Murray
Counsel
900 - 150 KING ST W
TORONTO, Ontario
M5H 2K4
Telephone: (416) 593-5555
FAX: (416) 593-7760
Party: Hogarth, Diana Ruth
Counsel
900 - 150 KING ST W
TORONTO, Ontario
M5H 2K4
Telephone: (416) 593-5555
FAX: (416) 593-7760
Party: Pioneer Petroleums Inc.
Counsel
900 - 150 KING ST W
TORONTO, Ontario
M5H 2K4
Telephone: (416) 593-5555
FAX: (416) 593-7760
Party: Perry, Josephine
Counsel
900 - 150 KING ST W
TORONTO, Ontario
M5H 2K4
Telephone: (416) 593-5555
FAX: (416) 593-7760
Party: Haller, John
Counsel
900 - 150 KING ST W
TORONTO, Ontario
M5H 2K4
Telephone: (416) 593-5555
FAX: (416) 593-7760
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 Newfoundland and Labrador, Court of Appeal
2429
plaintiffs' claims dismissed
Supreme Court of Newfoundland and Labrador - Court of Appeal
87
see file
Memorandums of argument on application for leave to appeal
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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.
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Related links
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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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