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24999

Paula Leeann Lewis, et al. v. Her Majesty the Queen in Right of British Columbia

(British Columbia) (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)
2004-04-20 Payment out cheque issued, ($521.99)
2004-04-02 Approved order for payment out, (sent to Finance April 5/04)
2004-04-02 Decision on miscellaneous motion, to reimburse the $500 security deposit - Document not microfilmed but is on file, Reg
Granted
2004-04-02 Submission of miscellaneous motion, Reg
2004-02-13 Notice of miscellaneous motion, reimbursement of $500 deposit - Document not microfilmed but is on file, Completed on: 2004-02-13 Paula Leeann Lewis
1998-02-04 Appeal closed
1998-01-23 Record returned to the Registrar of the Court of Appeal, sent together with 23799 - 24891 - 24896 - 24943 - 25179 and 25474 (2 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, British Columbia (Victoria)
1997-12-11 Judgment on the appeal rendered, So Co McL Ia Ma, The appeal is allowed, the order of the Court of Appeal is set aside, the judgment at trial is restored and the appellants will have their costs throughout.
Allowed, costs in this Court and courts below
1997-12-11 Notice of deposit of judgment sent to all parties, all parties
1997-12-02 Correspondence (sent by the Court) to, (by fax) dated Dec. 1/97 from William A. Pearce, Q.C. to consent to a decision being rendered by a panel of four judges sent to Co McL I Ma, Dec. 2/ 97
1997-12-02 Correspondence (sent by the Court) to, (by fax) dated Dec. 1/97 from John N. Laxton, Q.C. to consent to four judges constituting a quorum sent to Co McL I Ma, Dec. 2/97
1997-12-01 Correspondence (sent by the Court) to, sent to A.G. of British Columbia (Victoria, BC) enquiring for consent on decision being rendered by a panel of 4 judges due to J. Sopinka's death and advising of other options by A. Roland (SENT BY FAX)
1997-12-01 Correspondence (sent by the Court) to, sent to Laxton & Company (Vancouver, BC) enquiring for consent on decision being rendered by a panel of 4 judges due to J. Sopinka's death and advising of other options by A. Roland (SENT BY FAX)
1997-10-23 General proceeding, transcripts received and distributed to the judges (68 pages)
1997-10-09 Decision on motion to extend time, to file their factum to July 24/97, Reg
Granted, no order as to costs
1997-10-09 Hearing of motion to extend time, 1997-10-09, to file their factum to July 24/97, Reg
1997-10-09 Submission of motion to extend time, 1997-10-09, to file their factum to July 24/97, Reg
1997-10-07 General proceeding, 10 copies of Cerka given in Court Paula Leeann Lewis
1997-10-07 General proceeding, Appellant's Summary 9 copies given in Court Paula Leeann Lewis
1997-10-07 General proceeding, 12 copies of Condensed Book of Evidence given in Court Her Majesty the Queen in Right of British Columbia
1997-10-07 General proceeding, 9b copies of Condensed Book of Evidence given in Court Paula Leeann Lewis
1997-10-07 Hearing of the appeal, 1997-10-07, So Co McL Ia Ma
Decision reserved
1997-10-02 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1997-09-30 Affidavit, to file the factum to July 24\97; William A. Pearce, with service Her Majesty the Queen in Right of British Columbia
1997-09-30 $50.00 filing fee for notice of motion, receipt #34855 Her Majesty the Queen in Right of British Columbia
1997-09-30 Motion to extend time, to file the factum to July 24\97, with service, Completed on: 1997-09-30 Her Majesty the Queen in Right of British Columbia
1997-09-12 Correspondence (sent by the Court) to, from Burke-Robertson to M. Larmour, letter dated Sept. 10, 1997 re: will file a joint book of authorities with Mochinski (25474)
1997-09-05 Notice of hearing Paula Leeann Lewis
1997-08-27 Appeal hearing scheduled, 1997-10-07
Decision reserved
1997-07-24 Respondent's factum, 25 copiess (extension of time requested), with service, Completed on: 1997-07-24 Her Majesty the Queen in Right of British Columbia
1997-03-12 Appeal perfected for hearing, Session beginning on 1997-10-06
1997-02-03 Proof of service, of factum (admitted on Jan. 14/97)
1997-01-30 Trial court record, 1 accordion file
1997-01-15 Appeal court record, 1 accordion file
1997-01-15 Book of authorities, 10 copies, Completed on: 1997-01-15 Paula Leeann Lewis
1997-01-15 Appellant's factum, 24 copies, Completed on: 1997-01-15 Paula Leeann Lewis
1997-01-06 Certified casebook, 1 copy of vols. 1 to 5, with service Paula Leeann Lewis
1996-12-24 Case on appeal, 23 copies of vol. I to V (9 copies of vol. I missing - 9 copies of vol. I filed Dec. 30/96) Paula Leeann Lewis
1996-11-07 Order granting leave to appeal
1996-11-01 Proof of service, of the notice of appeal
1996-10-29 Proof of service, of Notice of Appeal
1996-10-22 $10.00 fee for depositing security, receipt #32838 Paula Leeann Lewis
1996-10-22 Notice of deposit of security, (1 copy), with service
1996-10-18 $500 security deposit paid, direction #2388 Paula Leeann Lewis
1996-10-11 Correspondence (sent by the Court) to, sent to Ministry of the A.G. (Victoria, BC) enclosing copy of Rule 32 c.c. Burke-Robertson
1996-10-11 Correspondence (sent by the Court) to, sent to Laxton & Company (Vancouver, BC) enclosing copy of Rule 32 c.c. Gowling
1996-10-08 Notice of appeal, Completed on: 1996-10-08 Paula Leeann Lewis
1996-10-03 Judgment of the Court on the application for leave to appeal, LaF Co Ma, The application for leave to appeal is granted on the issue regarding non-delegable duty only.
Granted, no order as to costs
1996-10-03 Notice of deposit of judgment issued to all parties, Burke-Robertson
1996-10-03 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson
1996-03-22 All materials on application for leave submitted to the Judges, LaF Co Ma
1996-02-12 Order on motion to extend time, to file the response
1996-02-08 Correspondence received from, from Burke-Robertson; re: does not oppose the filing of the affidavit of Jeffrey P. Moore Her Majesty the Queen in Right of British Columbia
1996-02-01 Decision on motion to extend time, to file the response to Jan 24/96, Reg
Granted, no order as to costs
1996-02-01 Hearing of motion to extend time, 1996-02-01, to file the response to Jan 24/96, Reg
1996-02-01 Submission of motion to extend time, 1996-02-01, to file the response to Jan 24/96, Reg
1996-01-31 Response to motion to extend time, to file the respondent's factum to Jan. 24/96, Completed on: 1996-01-31 Paula Leeann Lewis
1996-01-30 $50.00 filing fee for a notice of motion, receipt #31479 Her Majesty the Queen in Right of British Columbia
1996-01-30 Affidavit, to file the response to Jan. 24/96; Janine Silk, with service Her Majesty the Queen in Right of British Columbia
1996-01-30 Motion to extend time, to file the response to Jan. 24/96, with service, Completed on: 1996-01-30 Her Majesty the Queen in Right of British Columbia
1996-01-29 Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1996-01-29 Paula Leeann Lewis
1996-01-24 Respondent's response on the application for leave to appeal, 5 copies (extension of time requested - Karen advised), with service, Completed on: 1996-01-24 Her Majesty the Queen in Right of British Columbia
1996-01-24 Affidavit, of Jeffrey P. Moore in support of the leave application, with service Paula Leeann Lewis
1996-01-24 $50.00 filing fee for a notice of motion, receipt #31454 Paula Leeann Lewis
1996-01-24 Affidavit, to file the Affidavit of Jeffrey P. Moore; 5 copies, with service Paula Leeann Lewis
1996-01-24 Motion to extend time, to file the Affidavit of Jeffrey P. Moore in support of the leave application; 5 copies, with service, Completed on: 1996-01-24 Paula Leeann Lewis
1995-11-29 Proof of service, of the application for leave to appeal to Min. of Attorney General's office (service admitted on Nov. 17/95)
1995-11-28 Proof of service, of leave application
1995-11-22 Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) to acknowledge receipt of application for leave to appeal
1995-11-22 Correspondence received from, sent to Burke-Robertson enclosing copy of letter dated Nov 22/95 sent to applicant
1995-11-17 Book of authorities, 5 copies Paula Leeann Lewis
1995-11-17 $50.00 filing fee, receipt no. 31082 Paula Leeann Lewis
1995-11-17 Application for leave to appeal, 5 copies (proof of service missing), Completed on: 1995-11-28 Paula Leeann Lewis

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
Lewis, Paula Leeann Applicant Active
Lewis, Shannon Lee Applicant Active
Holt, Leeland Gordon James Applicant Active
Holt, Bobbi-Jo Applicant Active
Holt, Shayne Calvert Applicant Active
Holt, Diana Applicant Active
Holt, Jeffrey David Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen in Right of British Columbia Respondent Active

Counsel

Party: Lewis, Paula Leeann

Counsel
John N. Laxton, Q.C.
Laxton & Company
1285 West Pender Street
10th Floor
Vancouver, British Columbia
V6E 4B1
Telephone: (604) 682-3871
FAX: (604) 682-3704
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Lewis, Shannon Lee

Counsel
John N. Laxton, Q.C.
Laxton & Company
1285 West Pender Street
10th Floor
Vancouver, British Columbia
V6E 4B1
Telephone: (604) 682-3871
FAX: (604) 682-3704
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Holt, Leeland Gordon James

Counsel
John N. Laxton, Q.C.
Laxton & Company
1285 West Pender Street
10th Floor
Vancouver, British Columbia
V6E 4B1
Telephone: (604) 682-3871
FAX: (604) 682-3704
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Holt, Bobbi-Jo

Counsel
John N. Laxton, Q.C.
Laxton & Company
1285 West Pender Street
10th Floor
Vancouver, British Columbia
V6E 4B1
Telephone: (604) 682-3871
FAX: (604) 682-3704
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Holt, Shayne Calvert

Counsel
John N. Laxton, Q.C.
Laxton & Company
1285 West Pender Street
10th Floor
Vancouver, British Columbia
V6E 4B1
Telephone: (604) 682-3871
FAX: (604) 682-3704
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Holt, Diana

Counsel
John N. Laxton, Q.C.
Laxton & Company
1285 West Pender Street
10th Floor
Vancouver, British Columbia
V6E 4B1
Telephone: (604) 682-3871
FAX: (604) 682-3704
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Holt, Jeffrey David

Counsel
John N. Laxton, Q.C.
Laxton & Company
1285 West Pender Street
10th Floor
Vancouver, British Columbia
V6E 4B1
Telephone: (604) 682-3871
FAX: (604) 682-3704
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Her Majesty the Queen in Right of British Columbia

Counsel
William A. Pearce, Q.C.
Attorney General of British Columbia
1001 DOUGLAS ST
6TH FL
VICTORIA, British Columbia
V8V 1X4
Telephone: (250) 356-8400
Agent
V. Jennifer Mackinnon
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430

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.

None.

Lower court rulings

February 11, 1994
Supreme Court of British Columbia

A914187

Action allowed

September 18, 1995
Court of Appeal for British Columbia (Vancouver)

V02184

Appeal allowed

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.

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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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.

Downloadable PDFs

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Webcasts

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Date modified: 2025-05-13