Case information
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24943
Margaret Smith v. Carole Arndt, 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) |
|---|---|---|
| 1998-01-23 | Record returned to the Registrar of the Court of Appeal, sent together with 23799 - 24891 - 24896 - 24999 - 25179 and 25474 (2 boxes) | |
| 1997-08-14 | Appeal closed | |
| 1997-07-09 | Copy of formal judgment being prepared, Scott & Aylen (Ottawa, ON) | |
| 1997-07-09 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1997-07-08 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1997-06-27 | Notice of deposit of judgment sent to all parties, Scott & Aylen | |
| 1997-06-27 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson | |
| 1997-06-26 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed, the judgment of the Court of Appeal is set aside, and the judgment of the trial judge is reinstated. The appellant should have her costs of the proceedings in this Court and the courts below. Sopinka and Iacobucci J. are dissenting. Allowed, no order as to costs |
|
| 1997-02-13 | General proceeding, transcript received and distributed to the justices (58 pages) | |
| 1997-01-29 |
Hearing of the appeal, 1997-01-29, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1997-01-24 | Correspondence (sent by the Court) to, from Nathan Smith to D. Beaulieu, letter dated Jan. 24, 1997 (fax copy) re: counsel appearing at the hearing of this appeal | |
| 1997-01-20 | Book of authorities, 10 copies of vols. 1 to 2, Completed on: 1997-01-20 | Margaret Smith |
| 1997-01-16 | Correspondence (sent by the Court) to, from Gowlings re: Christofer E. Hinkson, Q.C. and Andrew F. Wilkinson appearing for the appellant at the hearing of the appeal | |
| 1996-12-10 |
Appeal hearing scheduled, 1997-01-29 Decision reserved |
|
| 1996-12-09 | Response to motion to extend time, to file the respondents' factum to Dec. 5/96, Completed on: 1996-12-09 | Margaret Smith |
| 1996-12-09 | Motion to extend time, to file the respondents' factum to Dec. 5/96, with service, Completed on: 1996-12-09 | Carole Arndt |
| 1996-12-09 | Order on motion to extend time, for filing the Factum of the Respondents to Decemb er 5th, 1996. | |
| 1996-12-09 |
Decision on motion to extend time, to file the factum to Dec 6/96, Reg Granted, no order as to costs |
|
| 1996-12-09 | Hearing of motion to extend time, 1996-12-09, to file the factum to Dec 6/96, Reg | |
| 1996-12-09 | Submission of motion to extend time, 1996-12-09, to file the factum to Dec 6/96, Reg | |
| 1996-12-05 | Respondent's factum, 24 copies, with service, Completed on: 1996-12-05 | Carole Arndt |
| 1996-12-05 | $50.00 filing fee for notice of motion, to extend time receipt #33158 | Carole Arndt |
| 1996-12-05 | Affidavit, to file the respondents' factum to Dec 5/96 (of Nathan H. Smith), with service | Carole Arndt |
| 1996-12-02 | Trial court record, (1 env.) | |
| 1996-11-27 | Appeal court record, (1 env.) | |
| 1996-11-14 | Appeal perfected for hearing, Session beginning on 1997-01-20 | |
| 1996-09-18 | Proof of service, of factum (admitted on Sept. 17/96) | |
| 1996-09-17 | Appellant's factum, 24 copies, Completed on: 1996-09-17 | Margaret Smith |
| 1996-08-23 | Correspondence (sent by the Court) to, sent to Harper Grey Easton (Vancouver, BC) enclosing copy of notice to the profession dealing with condensed books c.c. Gowling, Strathy & Henderson, McLeod Smith, Scott & Aylen | |
| 1996-08-14 | Proof of service, of the Case on Apeal admitted on August 13/96 | |
| 1996-08-13 | Certified casebook, vol. I to IV | Margaret Smith |
| 1996-08-13 | Case on appeal, 23 copies of vol. I to IV | Margaret Smith |
| 1996-05-22 | Order granting leave to appeal | |
| 1996-05-21 | Notice of deposit of security, receipt 2374, with service | |
| 1996-05-21 | Correspondence (sent by the Court) to, sent to MacLeod Smith (Vancouver, BC) enclosing copy of Rule 32 | |
| 1996-05-21 | Correspondence (sent by the Court) to, sent to Harper Grey Easton (Vancouver, BC) enclosing copy of Rule 32 c.c. Gowling | |
| 1996-05-17 | $500 security deposit paid, receipt #2374 | Margaret Smith |
| 1996-05-17 | Notice of appeal, With service, Completed on: 1996-05-17 | Margaret Smith |
| 1996-05-07 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson | |
| 1996-05-07 | Notice of deposit of judgment issued to all parties, McLeod Smith (Vancouver, BC) | |
| 1996-05-06 |
Judgment of the Court on the application for leave to appeal, L'HD So McL, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1996-03-11 | All materials on application for leave submitted to the Judges, L'HD So McL | |
| 1995-11-27 | Respondent's response on the application for leave to appeal, 5 copies | Carole Arndt |
| 1995-10-30 | Correspondence received from, sent to MacLeod Smith (Vancouver, BC) enclosing copy of letter dated Oct 30/95 sent to applicant | |
| 1995-10-30 | Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) to acknowledge receipt of material commentinc a proceeding together with enclosed filing fee | |
| 1995-10-26 | $50.00 filing fee, rec. #30946 | Margaret Smith |
| 1995-10-26 | Application for leave to appeal, 5 copies., with service, Completed on: 1995-10-26 | Margaret Smith |
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 |
|---|---|---|
| Smith, Margaret | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Arndt, Carole | Respondent | Active |
| Jackson, Dennis | Respondent | Active |
Counsel
Party: Smith, Margaret
Counsel
3100 - 650 Georgia St West
Box 11504
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 687-0411
FAX: (604) 669-9385
Email: chinkson@hgelaw.com
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Arndt, Carole
Counsel
Nathan H. Smith
1240 - 701 GEORGIA ST W
VANCOUVER, British Columbia
V7Y 1A1
Telephone: (604) 685-2361
FAX: (604) 669-3477
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Jackson, Dennis
Counsel
1240 - 701 GEORGIA ST W
VANCOUVER, British Columbia
V7Y 1A1
Telephone: (604) 685-2361
FAX: (604) 669-3477
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Summary
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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
Supreme Court of British Columbia
C917320
respondents' claim dismissed
Court of Appeal for British Columbia (Vancouver)
CA018989
see file
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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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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