Case information
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24882
Hercules Managements Ltd., et al. v. Ernst & Young, et al.
(Manitoba) (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) |
|---|---|---|
| 1997-09-25 | Record returned to the Registrar of the Court of Appeal, (1 box) | |
| 1997-08-01 | Appeal closed | |
| 1997-06-05 | Copy of formal judgment being prepared, McCarthy, Tétrault | |
| 1997-06-05 | Copy of formal judgment being prepared, Burke-Robertson | |
| 1997-06-05 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson | |
| 1997-06-04 | Formal judgment sent to the registrar of the court of appeal and all parties, Manitoba (Winnipeg) | |
| 1997-05-23 | Notice of deposit of judgment sent to all parties, McCarthy, Tétrault | |
| 1997-05-23 | Notice of deposit of judgment sent to all parties, Burke-Robertson | |
| 1997-05-23 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson | |
| 1997-05-22 |
Judgment on the appeal rendered, LaF So G Co McL Ia Ma, The appeal is dismissed with costs. Dismissed, with costs |
|
| 1996-12-20 | General proceeding, transcript received and distributed to the justices (64 pages) | |
| 1996-12-06 |
Hearing of the appeal, 1996-12-06, LaF So G Co McL Ia Ma Decision reserved |
|
| 1996-12-05 | General proceeding, 12 copies of APPELLANT'S ADDITIONAL REFERENCES TO THE EVIDENCE OF C.A. COX AND P. DUECK, with service | Hercules Managements Ltd. |
| 1996-12-02 | Correspondence (sent by the Court) to, dated Dec. 2/96 from Gowlings re: counsel appearing at the hearing of the appeal | |
| 1996-11-29 | Book of authorities, 10 copies of vol. I & II, with service, Completed on: 1996-11-29 | Canadian Institute of Chartered Accountants |
| 1996-11-29 | Book of authorities, 10 copies, with service, Completed on: 1996-11-29 | Hercules Managements Ltd. |
| 1996-11-28 | Proof of service, of reply to the Canadian Institute of Chartered Accountants | |
| 1996-11-27 | Reply factum on appeal, 24 copies (see order dated Nov. 25, 1996), Completed on: 1996-11-27 | Hercules Managements Ltd. |
| 1996-11-25 | Correspondence (sent by the Court) to, from McCarthy, Tétrault to Registrar, letter dated Nov. 25, 1996 (fax copy) re: CICA takes no position with regards to the motion filed by the Appellant | |
| 1996-11-25 |
Decision on the motion to file a reply factum on appeal, addressing the issues raised in the factum of the intervenor, The Canadian Institute of Chartered Accountants is granted and the motion for an extra 15 minutes of oral argument is denied, LaF Granted, no order as to costs |
|
| 1996-11-25 | Hearing of motion to file a reply factum on appeal, 1996-11-25, addressing the issues raised in the factum of the intervenor, The Canadian Institute of Chartered Accountants is granted and the motion for an extra 15 minutes of oral argument is denied, LaF | |
| 1996-11-25 | Submission of motion to file a reply factum on appeal, 1996-11-25, addressing the issues raised in the factum of the intervenor, The Canadian Institute of Chartered Accountants is granted and the motion for an extra 15 minutes of oral argument is denied, LaF | |
| 1996-11-22 | Correspondence (sent by the Court) to, from M. Schulman to Registrar, letter dated Nov. 22, 1996 (fax copy) re: responding to the letter from Aikins, MacAulay dated Nov. 20, 1996 | |
| 1996-11-21 | Correspondence (sent by the Court) to, from Aikins, MacAulay to A. Roland, letter dated Nov. 20, 1996 (fax copy) re: the respondents oppose the filing of a reply factum | |
| 1996-11-20 | Book of authorities, 10 copies of vol. 1 and 2, Completed on: 1996-11-20 | Ernst & Young |
| 1996-11-19 | General proceeding, 1 copy of APPELLANT'S REPLY TO THE INTERVENER'S FACTUM (DRAFT) | Hercules Managements Ltd. |
| 1996-11-19 | Affidavit, of Mark Monroe Schulman, with service | Hercules Managements Ltd. |
| 1996-11-19 | $50.00 filing fee for notice of motion, receipt no. 33030 | Hercules Managements Ltd. |
| 1996-11-19 | Motion to file a reply factum on appeal, (reply to the intervener's factum (The Canadian Institute of Chartered Acc.), with service, Completed on: 1996-11-19 | Hercules Managements Ltd. |
| 1996-11-18 | Correspondence (sent by the Court) to, from Burke-Robertson re: duration of argument | |
| 1996-11-08 | Intervener's factum, 24 copies (received from correction Nov. 14/96), with service, Completed on: 1996-11-08 | Canadian Institute of Chartered Accountants |
| 1996-10-21 | Respondent's factum, 24 copies (extension of time requested), Completed on: 1996-10-21 | Ernst & Young |
| 1996-10-17 |
Decision on the motion for leave to intervene, So Dismissed, no order as to costs |
|
| 1996-10-17 | Hearing of motion for leave to intervene, 1996-10-17, So | |
| 1996-10-17 | Submission of motion for leave to intervene, 1996-10-17, So | |
| 1996-10-17 |
Decision on the motion for leave to intervene, factum is limited to 25 pages and oral argument to 20 minutes, So Granted, no order as to costs |
|
| 1996-10-17 | Hearing of motion for leave to intervene, 1996-10-17, factum is limited to 25 pages and oral argument to 20 minutes, So | |
| 1996-10-17 | Submission of motion for leave to intervene, 1996-10-17, factum is limited to 25 pages and oral argument to 20 minutes, So | |
| 1996-10-16 | General proceeding, 5 copies of RESPONSE TO THE APPELLANT'S OPPOSITION TO THE APPLICATION FOR LEAVE TO INTERVENE (BOOK FORM), with service | Canadian Institute of Chartered Accountants |
| 1996-10-16 | Correspondence (sent by the Court) to, from Gowling, Strathy re: the Appellant takes no position on Mr. Anisman's intervention (fax copy) | |
| 1996-10-15 | Correspondence (sent by the Court) to, from P. Anisman to Registrar, letter dated Oct. 15, 1996 (fax copy) re: will not be filing a reply to the respondent's response to his motion for leave to intervene | |
| 1996-10-10 |
Appeal hearing scheduled, 1996-12-06 Decision reserved |
|
| 1996-10-10 | Correspondence (sent by the Court) to, from Aikins, MacAulay to M. Larmour, letter dated Oct. 10, 1996 (fax copy) re: opposes to the motion to intervene by Philip Anisman (original received on Oct. 21, 1996) | |
| 1996-10-07 | Correspondence (sent by the Court) to, from Burke-Robertson re:will be filing material opposing the application by P. Anisman (fax copy) | |
| 1996-10-07 | Response to the motion for leave to intervene, by Canadian Institute of Chartered (B.-Robertson) (joint with opposition to the motion to intervene by Philip Anisman) (letter form) (fax copy) (original received on Oct. 9, 1996), Completed on: 1996-10-07 | Ernst & Young |
| 1996-10-03 | Affidavit, Philip Anisman, with service | Philip Anisman |
| 1996-10-03 | Motion for leave to intervene, 5 copies, with service, Completed on: 1996-10-03 | Philip Anisman |
| 1996-10-03 | $50.00 filing fee for notice of motion, receipt #32729 | Philip Anisman |
| 1996-10-03 | Affidavit, for leave to intervene; Philip Anisman, with service | Philip Anisman |
| 1996-10-03 | Motion to extend time, for leave to intervene, with service, Completed on: 1996-10-03 | Philip Anisman |
| 1996-10-01 | General proceeding, 3 copies of argument opposing the intervention of Canadian Institute of Chartered Accountants, with service | Hercules Managements Ltd. |
| 1996-09-26 | Affidavit, (of Michael H. Rayner) (bookform), with service | Canadian Institute of Chartered Accountants |
| 1996-09-26 | Affidavit, for leave to intervene (of Michael H. Rayner), with service | Canadian Institute of Chartered Accountants |
| 1996-09-26 | Motion for leave to intervene, (bookform), with service, Completed on: 1996-09-26 | Canadian Institute of Chartered Accountants |
| 1996-09-26 | Motion to extend time, for leave to intervene (bookform), with service, Completed on: 1996-09-26 | Canadian Institute of Chartered Accountants |
| 1996-09-26 | $50.00 filing fee for notice of motion, for leave to intervene receipt #32653 | Canadian Institute of Chartered Accountants |
| 1996-09-20 | Notice of hearing | Hercules Managements Ltd. |
| 1996-09-17 |
Decision on miscellaneous motion, to expedite the hearing is granted; and the hearing of this case be scheduled for Friday, Dec. 6/96, CJ Granted, no order as to costs |
|
| 1996-09-17 | Hearing of miscellaneous motion, 1996-09-17, to expedite the hearing is granted; and the hearing of this case be scheduled for Friday, Dec. 6/96, CJ | |
| 1996-09-17 | Submission of miscellaneous motion, 1996-09-17, to expedite the hearing is granted; and the hearing of this case be scheduled for Friday, Dec. 6/96, CJ | |
| 1996-09-11 | Affidavit, (by fax) of Thor J. Hansell in opposition to the appellants' motion to expedite the hearing of this appeal (original received on Sept. 12, 1996) | Ernst & Young |
| 1996-09-04 | General proceeding, MEMORANDUM OF ARGUMENT on motion to expedite the hearing, with service | Hercules Managements Ltd. |
| 1996-09-04 | Affidavit, TO EXPEDITE THE HEARING (of Max Freed), with service | Hercules Managements Ltd. |
| 1996-09-04 | $50.00 filing fee for notice of motion, to expedite the hearing receipt #32535 | Hercules Managements Ltd. |
| 1996-09-04 | Notice of miscellaneous motion, TO EXPEDITE THE HEARING(during the month of November or December 1996), with service, Completed on: 1996-09-04 | Hercules Managements Ltd. |
| 1996-08-29 | Correspondence (sent by the Court) to, from Aikis, MacAulay to D. Beaulieu re: unavailable to argue during the fall of 1996, but available to argue during the week of February 10, 1997 | |
| 1996-08-06 | Appeal perfected for hearing, Session beginning on 1996-09-30 | |
| 1996-07-22 | General proceeding, 1 copy of COURT OF APPEAL OF MANITOBA APPEAL BOOK VOL. I & II (black binders) | Hercules Managements Ltd. |
| 1996-07-19 | Appellant's factum, 24 copies, with service, Completed on: 1996-07-19 | Hercules Managements Ltd. |
| 1996-07-02 | Appeal court record, (1 env.) | |
| 1996-07-02 | Certified casebook, of vol. 1 and 2 | Hercules Managements Ltd. |
| 1996-06-20 | Case on appeal, 23 copies of vol. I & II | Hercules Managements Ltd. |
| 1996-04-19 | Notice of deposit of security, With service | |
| 1996-04-03 | $10.00 fee for depositing security, receipt no. 31828 | Hercules Managements Ltd. |
| 1996-04-03 | Order granting leave to appeal | |
| 1996-04-02 | Proof of service, 1 copy of Notice of Appeal, with service | |
| 1996-03-29 | Correspondence (sent by the Court) to, sent to Schulman & Schulman (Winnipeg, MN) enclosing copy of Rule 32 c.c. Gowling | |
| 1996-03-29 | Correspondence (sent by the Court) to, sent to Aikins MacAulay Thorvaldson (Winnipeg, MN) enclosing copy of Rule 32 | |
| 1996-03-26 | $500 security deposit paid, direction #2364 | Hercules Managements Ltd. |
| 1996-03-26 | Notice of appeal, Completed on: 1996-03-26 | Hercules Managements Ltd. |
| 1996-03-07 |
Judgment of the Court on the application for leave to appeal, CJ G Ia, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1996-03-07 | Notice of deposit of judgment issued to all parties | |
| 1996-03-07 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1996-03-07 | Notice of deposit of judgment issued to all parties, Aikins MacAulay Thorvaldson (Winnipeg, MN) | |
| 1995-12-11 | All materials on application for leave submitted to the Judges, CJ G Ia | |
| 1995-11-03 | Proof of service, of reply | |
| 1995-10-27 | Applicant's reply to respondent's argument, 5 copies | Hercules Managements Ltd. |
| 1995-10-20 | Respondent's response on the application for leave to appeal, 5 copies | Ernst & Young |
| 1995-09-28 | Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) to acknowledge receipt of material commencing a proceeding together with the enclosed filing fee | |
| 1995-09-28 | Correspondence received from, sent to Aikins, MacAuley & Thorvaldson (Winnipeg, MN) enclosing copy of letter dated Sept 28/95 sent to applicant | |
| 1995-09-21 | $50.00 filing fee, receipt no. 30702 | Hercules Managements Ltd. |
| 1995-09-21 | Application for leave to appeal, 5 copies, with service, Completed on: 1995-09-21 | Hercules Managements 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 |
|---|---|---|
| Hercules Managements Ltd. | Applicant | Active |
| Guardian Finance of Canada Ltd. | Applicant | Active |
| Freed, Max | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ernst & Young | Respondent | Active |
| Cox, Alexander | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Institute of Chartered Accountants | Intervener | Active |
Counsel
Party: Hercules Managements Ltd.
Counsel
740 - 444 ST MARY AVE
WINNIPEG, Manitoba
R3C 3T1
Telephone: (204) 943-5428
FAX: (204) 944-8019
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Guardian Finance of Canada Ltd.
Counsel
740 - 444 ST MARY AVE
WINNIPEG, Manitoba
R3C 3T1
Telephone: (204) 943-5428
FAX: (204) 944-8019
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Freed, Max
Counsel
740 - 444 ST MARY AVE
WINNIPEG, Manitoba
R3C 3T1
Telephone: (204) 943-5428
FAX: (204) 944-8019
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Ernst & Young
Counsel
Robert P. Armstrong, Q.C.
360 MAIN ST
30TH FL
WINNIPEG, Manitoba
R3C 4G1
Telephone: (204) 957-0050
FAX: (204) 957-0840
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Cox, Alexander
Counsel
360 MAIN ST
30TH FL
WINNIPEG, Manitoba
R3C 4G1
Telephone: (204) 957-0050
FAX: (204) 957-0840
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Canadian Institute of Chartered Accountants
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
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.
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Lower court rulings
Court of Appeal of Manitoba
AI 95-30-02082
appeal dismissed
Filed documents
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 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 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
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Related links
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
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
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