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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.

List of proceedings
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

Main parties - Appellants
Name Role Status
Husky Oil Operations Ltd. Applicant Active

v.

Main parties - Respondents
Name Role Status
Saint John Shipbuilding Limited Respondent Active
Raychem Canada Limited Respondent Active
Raychem Corporation Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Bow Valley Industries Ltd. Applicant Active

v.

Sub parties (1) - Respondents
Name Role Status
Saint John Shipbuilding Limited Respondent Active
Raychem Canada Limited Respondent Active
Raychem Corporation Respondent Active

And Between

Sub parties (2) - Appellants
Name Role Status
Saint John Shipbuilding Limited Applicant Active

v.

Sub parties (2) - Respondents
Name Role Status
Bow Valley Husky (Bermuda) Ltd. Respondent Active
Husky Oil Operations Ltd. Respondent Active
Bow Valley Industries Ltd. Respondent Active

And Between

Sub parties (3) - Appellants
Name Role Status
Raychem Canada Limited Applicant Active
Raychem Corporation Applicant Active

v.

Sub parties (3) - Respondents
Name Role Status
Bow Valley Husky (Bermuda) Ltd. Respondent Active
Husky Oil Operations Ltd. Respondent Active
Bow Valley Industries Ltd. Respondent Active

And Between

Sub parties (4) - Appellants
Name Role Status
Bow Valley Husky (Bermuda) Ltd. Applicant Active

v.

Sub parties (4) - Respondents
Name Role Status
Saint John Shipbuilding Limited Respondent Active
Raychem Canada Limited Respondent Active
Raychem Corporation Respondent Active

Other parties

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
Anthony J. Jordan, Q.C.
Code Hunter Wittmann
SCOTIA CENTRE
1200 - 700, 2ND ST SW
CALGARY, Alberta
T2P 4V5
Telephone: (403) 298-1000
FAX: (403) 263-9193
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: Bow Valley Industries Ltd.

Counsel
W. Ian C. Binnie, Q.C.
McCarthy Tétrault
4700 TD BANK TOWER
PO BOX 48
TORONTO, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
Colin Baxter
McCarthy, Tétrault
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.
J. Edgar Sexton, Q.C.
Osler, Hoskin & Harcourt
1 First Canadian Place
PO Box 50
Toronto, Ontario
M5X 1B8
Telephone: (416) 362-2111
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

Party: Raychem Canada Limited

Counsel
Wylie Spicer, Q.C.
McInnes Cooper & Robertson
1601 LOWER WATER ST
PO BOX 730 STN CENTRAL
HALIFAX, Nova Scotia
B3J 2V1
Telephone: (902) 425-6500
FAX: (902) 425-6350
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

Party: Raychem Corporation

Counsel
Wylie Spicer, Q.C.
McInnes Cooper & Robertson
1601 LOWER WATER ST
PO BOX 730 STN CENTRAL
HALIFAX, Nova Scotia
B3J 2V1
Telephone: (902) 425-6500
FAX: (902) 425-6350
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

Party: Bow Valley Husky (Bermuda) Ltd.

Counsel
Michael F. Harrington, Q.C.
Stewart McKelvey Stirling Scales
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
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: Hogarth, Murray

Counsel
David L. Beard, Q.C.
Beard, Winter, Gordon
900 - 150 KING ST W
TORONTO, Ontario
M5H 2K4
Telephone: (416) 593-5555
FAX: (416) 593-7760

Party: Hogarth, Diana Ruth

Counsel
David L. Beard, Q.C.
Beard, Winter, Gordon
900 - 150 KING ST W
TORONTO, Ontario
M5H 2K4
Telephone: (416) 593-5555
FAX: (416) 593-7760

Party: Pioneer Petroleums Inc.

Counsel
David L. Beard, Q.C.
Beard, Winter, Gordon
900 - 150 KING ST W
TORONTO, Ontario
M5H 2K4
Telephone: (416) 593-5555
FAX: (416) 593-7760

Party: Perry, Josephine

Counsel
David L. Beard, Q.C.
Beard, Winter, Gordon
900 - 150 KING ST W
TORONTO, Ontario
M5H 2K4
Telephone: (416) 593-5555
FAX: (416) 593-7760

Party: Haller, John

Counsel
David L. Beard, Q.C.
Beard, Winter, Gordon
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

March 8, 1994
Supreme Court of Newfoundland and Labrador, Court of Appeal

2429

plaintiffs' claims dismissed

May 10, 1995
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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Downloadable PDFs

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Downloadable PDFs

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Date modified: 2025-05-13