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24986

Jack Wallace v. United Grain Growers Limited

(Manitoba) (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, (2 boxes)
1997-11-20 Copy of formal judgment being prepared, all parties
1997-11-14 Formal judgment sent to the registrar of the court of appeal and all parties, Manitoba (Winnipeg)
1997-10-31 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON)
1997-10-31 Notice of deposit of judgment sent to all parties, Lang, Michener (Ottawa, ON)
1997-10-30 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed in part with costs here and in the courts below, La Forest, L'Heureux-Dubé and McLachlin JJ. dissenting in part. The cross-appeal is dismissed with costs. The judgment of the Manitoba Court of Appeal is set aside and the trial judge's award of 24 months' salary in lieu of notice is restored. The other aspects of the appellant's claim are rejected.
Allowed, costs in this Court and courts below
1997-10-30 Decision on miscellaneous motion, CJ LaF L'HD So G Co McL Ia Ma
Dismissed, no order as to costs
1997-10-30 Hearing of miscellaneous motion, 1997-10-30, CJ LaF L'HD So G Co McL Ia Ma
1997-10-30 Submission of miscellaneous motion, 1997-10-30, CJ LaF L'HD So G Co McL Ia Ma
1997-06-02 General proceeding, transcript received and distributed to the justices (74 pages)
1997-05-22 Hearing of the appeal, 1997-05-22, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1997-05-21 General proceeding, 10 copies of Appellant's oral argument excerpt brief Jack Wallace
1997-05-20 Decision on motion for additional time to present oral argument, CJ
Dismissed, no order as to costs
1997-05-20 Hearing of motion for additional time to present oral argument, 1997-05-20, CJ
1997-05-20 Submission of motion for additional time to present oral argument, 1997-05-20, CJ
1997-05-16 Book of authorities, 10 copies, with service, Completed on: 1997-05-16 United Grain Growers Limited
1997-05-16 Notice of appearance, (George Orle and Stacey Ball) (fax copy) Jack Wallace
1997-05-15 Correspondence (sent by the Court) to, from Lang, Michener, letter dated May 15, 1997 (fax copy) re: the appellant would wish the same amount of extra time in reply should extra time be given to the other side
1997-05-12 General proceeding, 24 copies (appellant's factum in reply to the cross-appeal), with service Jack Wallace
1997-05-12 Book of authorities, 10 copies of vol. I to III, Completed on: 1997-05-12 Jack Wallace
1997-05-08 $50.00 filing fee for notice of motion, for additional time receipt #34089 United Grain Growers Limited
1997-05-08 Affidavit, (of Robert E. Houston, Q.C.), with service United Grain Growers Limited
1997-05-08 Motion for additional time to present oral argument, for an additional Half hour (total of 1h:30), with service, Completed on: 1997-05-08 United Grain Growers Limited
1997-04-21 Respondent's factum, 24 copies (JOINT WITH CROSS-APPEAL), Completed on: 1997-04-21 United Grain Growers Limited
1997-04-21 Case on appeal, RESPONDENT'S CASE ON APPEAL 24 copies United Grain Growers Limited
1997-04-10 Appeal hearing scheduled, 1997-05-22
Decision reserved
1997-03-26 Trial court record, (1 box)
1997-03-07 Certified casebook Jack Wallace
1997-03-07 Appeal court record, 1 box
1997-02-28 Case on appeal, 24 copies (see order dated Jan. 09, 1997) Jack Wallace
1997-02-28 Appellant's factum, 24 copies (see order of Jan. 9/97), with service, Completed on: 1997-02-28 Jack Wallace
1997-02-24 Appeal perfected for hearing, Session beginning on 1997-04-21
1997-01-10 Order on motion to extend time, to serve and file the Case on Appeal and the Appellant's Factum to February 28, 1997.
1997-01-09 Decision on motion to extend time, to file the Case on Appeal and the appellant's factum to Feb. 28/97, LaF
Granted, no order as to costs
1997-01-09 Hearing of motion to extend time, 1997-01-09, to file the Case on Appeal and the appellant's factum to Feb. 28/97, LaF
1997-01-09 Submission of motion to extend time, 1997-01-09, to file the Case on Appeal and the appellant's factum to Feb. 28/97, LaF
1997-01-08 Correspondence (sent by the Court) to, (by fax) from Robert E. Houston, Q.C.; re: takes no position to the appellant's extension of time to file the Case on Appeal and the factum
1996-12-20 $50.00 filing fee for notice of motion, to extend time receipt #33249 Jack Wallace
1996-12-20 Affidavit, to file the Case on Appeal and appellant's factum to Feb. 28/97 (of George J. Orle, Q.C.), with service Jack Wallace
1996-12-20 Motion to extend time, to file the Case on Appeal and the appellant's factum to Feb. 28/97, with service, Completed on: 1996-12-20 Jack Wallace
1996-12-10 Proof of service, From Riley Orle Giesbrecht Born to the attention of George Orle Re: Double Resgistered letter sent 1996-12-03
1996-12-05 Proof of service, From Wolch Pinx Tapper Scurfield Re: Double registered sent 1996-12-03
1996-12-03 Correspondence (sent by the Court) to, sent to Riley Orle Giesbrecht Born (Winnipeg, MN) enclosing a Notice from the Registrar pursuant to Rule 45 (DOUBLE REGISTERED) c.c. Lang, Michener
1996-12-03 Correspondence (sent by the Court) to, sent to Wolch Pinx Tapper Scurfield (Winnipeg, MN) enclosing a Notice from the Registrar pursuant to Rule 45 (DOUBLE REGISTERED) c.c. Burke-Robertson
1996-11-25 General proceeding, (Tel. conversation with George Orle who is taking over from William Riley. Will file case on appeal and extension of time in a few weeks)
1996-10-07 Correspondence (sent by the Court) to, from W.P. Riley; re: that only one case on appeal is to be filed in both Wallace's appeal and UGG's cross-appeal
1996-06-20 Proof of service, of the notice of cross-appeal
1996-06-06 $500 security deposit paid, direction # 2379 Jack Wallace
1996-05-29 Notice of cross appeal, With service, Completed on: 1996-05-29 United Grain Growers Limited
1996-05-21 Correspondence (sent by the Court) to, sent to Wolch Pinx Tapper Scurfield (Winnipeg, MN) enclosing copy of Rule 32 c.c. Burke-Robertson
1996-05-21 Correspondence (sent by the Court) to, sent to Riley Orle Giesbrecht Born (Winnipeg, MN) enclosing copy of Rule 32
1996-05-14 Order granting leave to appeal
1996-05-14 Notice of appeal, With service, Completed on: 1996-05-14 Jack Wallace
1996-05-09 Judgment of the Court on the application for leave to appeal, CJ G Ia, The application for leave to appeal and cross-appeal are granted.
Granted, no order as to costs
1996-05-09 Notice of deposit of judgment issued to all parties, Riley Orle Giesbrecht Born (Winnipeg, MN)
1996-05-09 Notice of deposit of judgment issued to all parties, Burke-Robertson
1996-03-29 All materials on application for leave submitted to the Judges, CJ G Ia
1996-03-01 Affidavit, of service of the Reply of the respondent...to the cross-appeal (original filed March 6/96) United Grain Growers Limited
1996-02-29 General proceeding, to note 5 copies of REPLY OF THE RESPONDENT TO THE APPLICANT'S RESPONSE ON CROSS-APPEAL United Grain Growers Limited
1996-02-22 General proceeding, 5 copies of response on cross-appeal, with service Jack Wallace
1996-01-30 Correspondence received from, fr. Glenn Joynt re: consents to the reply and response to cross-appeal being filed at the same time, United Grain Growers Limited
1996-01-30 Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1996-01-30 Jack Wallace
1996-01-23 Notice of application for leave to cross-appeal, 5 copies (joint with respondent's response), with service United Grain Growers Limited
1996-01-23 Respondent's response on the application for leave to appeal, 5 copies (joint with notice of application for leave to cross-appeal) (see order of Ma dated Dec. 14/96), with service, Completed on: 1996-01-23 United Grain Growers Limited
1995-12-18 Correspondence received from, from Wolch, Pinx to M. Larmour, letter dated Dec. 18/95 re: withdraws the motion for extension of time to file their response and cross-appeal (fax copy) United Grain Growers Limited
1995-12-14 Decision on motion to strike out, Ma, the affidavits of John Swan and Brian Etherington is allowed with costs. These affidavits do not depose to facts but are the expert legal opinions of the deponents expressing their reasons for concluding that the issue between the parties raises important questions of law that are of national importance. This is the very question to be determined by this Court in deciding on the leave application and as such the affidavits are inappropriate and inadmissible. These affidavits are inappropriate and inadmissible. These affidavits are similar to those filed in Ballard Estate v. Ballard Estate (1991) S.C.C.A. No. 239, and the reasons of Cory J. in that application are of equal application here. In view of time required for this motion the time for perfecting the application for leave is extended twenty days for each of the applicant and respondent
Granted, no order as to costs
1995-12-14 Hearing of motion to strike out, 1995-12-14, Ma
1995-12-14 Submission of motion to strike out, 1995-12-14, Ma
1995-12-12 Correspondence received from, (by fax) from Riley, Orle; re: extension on the motion to strike Jack Wallace
1995-12-08 Correspondence received from, (by fax) from Glenn Joynt; re: confirmation of telephone conversation on motion to strike United Grain Growers Limited
1995-12-08 Correspondence received from, (by fax) from Riley, Orle; re: trying to settle the formal C.A. Order Jack Wallace
1995-12-07 General proceeding, 2 copies of argument on motion to strike United Grain Growers Limited
1995-12-06 $50.00 filing fee for a notice of motion, receipt #31168 United Grain Growers Limited
1995-12-06 Affidavit, to file the response and/or cross-appeal; David Glenn Joynt, with service United Grain Growers Limited
1995-12-06 Motion to extend time, to file the response and/or cross-appeal, with service United Grain Growers Limited
1995-12-06 Proof of service, of motion to strike
1995-12-05 Correspondence received from, from Glenn Joynt; wishes to have motion to strike dealt with prior to leave application & will file a reply to motion to strike by Dec. 7,1995 & also will file a motion to extend time to file a response to leave application shortly United Grain Growers Limited
1995-12-05 General proceeding, 5 copies of supplementary reasons on costs in the C.A. Jack Wallace
1995-12-05 Correspondence received from, from W.P. Riley; re: should be able to finalize the formal C.A. Order shortly Jack Wallace
1995-11-30 General proceeding, 2 copies of argument on the respondent's motion to strike affidavits, with service Jack Wallace
1995-11-23 General proceeding, 2 copies of Motion Brief, with service United Grain Growers Limited
1995-11-23 $50.00 filing fee for a notice of motion, receipt #31104 United Grain Growers Limited
1995-11-23 Affidavit, the affidavit of John Swan and Brian Etherington; 2 copies; David Glenn Joynt, with service United Grain Growers Limited
1995-11-23 Motion to strike out, the affidavit of John Swant and Brian Etherington ; 2 copies, with service United Grain Growers Limited
1995-11-14 Correspondence received from, sent to Riley Orle Giesbrecht Born (Winnipeg, MN) to acknowledge receipt of application for leave to appeal
1995-11-14 Correspondence received from, sent to Wolch Pinx Tapper Scurfield (Winnipeg, MN) enclosing copy of letter dated Nov 14/95 sent to applicant
1995-11-07 $50.00 filing fee, receipt #31024 Jack Wallace
1995-11-07 Application for leave to appeal, 5 copies (missing formal C.A. Order) (SEE REVISED APPLICATION FILED ON JAN. 3/96 AS PER COURT'S ORDER DATED DEC. 14/95), with service 5 copies (REVISED AS PER COURT'S ORDER DATED DEC. 14/95) - service admitted on Jan. 3/96 -, with service, Completed on: 1996-01-03 Jack Wallace

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
Wallace, Jack Applicant Active

v.

Main parties - Respondents
Name Role Status
United Grain Growers Limited Respondent Active

Counsel

Party: Wallace, Jack

Counsel
George J. Orle Orle, Q.C.
Stacey Reginald Ball
Riley, Orle, Giesbrecht, Born
280 STRADBROOK ABE
2ND FL
WINNIPEG, Manitoba
R3L 0J6
Telephone: (204) 989-2760
Agent
Eugene Meehan
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

Party: United Grain Growers Limited

Counsel
John M. Scurfield, Q.C.
Wolch, Pinx, Tapper, Scurfield
1000 - 330 ST MARY AVE
WINNIPEG, Manitoba
R3C 3Z5
Telephone: (204) 949-1700
FAX: (204) 947-2593
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

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

July 7, 1993
Court of Queen’s Bench of Manitoba

CI 86-01-15299

Judgment awarding Appellant damages
September 8, 1995
Court of Appeal of Manitoba

AI 92-30-01030

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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Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

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Date modified: 2025-05-13