Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
25012
Hercules Canada Inc. v. Mobil Oil Corporation, et al.
(Federal) (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) |
|---|---|---|
| 1996-09-24 | Close file on Leave | |
| 1996-07-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, F.C.A. Ontario (Ottawa) | |
| 1996-07-10 | Copy of formal judgment on leave being prepared, Smart & Biggar | |
| 1996-07-10 | Copy of formal judgment on leave being prepared, Gowling, Strathy & Henderson | |
| 1996-05-21 | Notice of deposit of judgment issued to all parties, Smart & Biggar | |
| 1996-05-21 | Notice of deposit of judgment issued to all parties, Gowling | |
| 1996-05-16 |
Judgment of the Court on the application for leave to appeal, CJ G Ia, The application for leave to appeal is dismissed with costs. Dismissed, with costs |
|
| 1996-03-22 | All materials on application for leave submitted to the Judges, CJ G Ia | |
| 1996-01-26 | Correspondence received from, (by fax) from Gowlings; re: correction in para. 6 at page 3 of the response SUBMIT TO THE PANEL (original filed Feb. 1/96) | Mobil Oil Corporation |
| 1996-01-24 | Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1996-01-24 | Hercules Canada Inc. |
| 1996-01-17 | Book of authorities, 5 copies, Completed on: 1996-01-17 | Mobil Oil Corporation |
| 1996-01-17 | Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1996-01-17 | Mobil Oil Corporation |
| 1996-01-04 | Correspondence received from, from Smart & Biggar, letter dated Jan. 4/96 re: enclosing 5 copies of AMENDED APPLICATION FOR LEAVE TO APPEAL AS PER MAJOR'S ORDER (SEE NOV. 27/95) | Hercules Canada Inc. |
| 1995-12-15 |
Decision on motion to strike out, Ma, - the application to strike out the affidavit of William L. Hayhurst, Q.C. is allowed with costs. The substance of the affidavit is not fact related but a learned opinion on the reissue section of the Canadian patent Act. This affidavit is similar to those filed in Ballard Estate v. Ballard Estate (1991) S.C.C.A. no 239 and in Jack Wallace v. United Grain Growers Limited released by the Supreme Court of Canada on December 14/95 and for the same reasons in those applications this affidavit is disallowed. 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 |
|
| 1995-12-15 | Hearing of motion to strike out, 1995-12-15, Ma | |
| 1995-12-15 | Submission of motion to strike out, 1995-12-15, Ma | |
| 1995-12-15 |
Decision on motion to extend time, to serve and file response (joint with motion to strike), Ma Granted, no order as to costs |
|
| 1995-12-15 | Hearing of motion to extend time, 1995-12-15, to serve and file response (joint with motion to strike), Ma | |
| 1995-12-15 | Submission of motion to extend time, 1995-12-15, to serve and file response (joint with motion to strike), Ma | |
| 1995-12-12 | General proceeding, Respondents' REPLY to the response of the applicant to the motion to strike, with service | Mobil Oil Corporation |
| 1995-12-08 | General proceeding, 2 copies of response to the motion to strike the affidavit of William L. Hayhurst, with service | Hercules Canada Inc. |
| 1995-12-01 | $50.00 filing fee for a notice of motion, receipt #31148 | Mobil Oil Corporation |
| 1995-12-01 | Motion to extend time, to serve and file the response (joint with motion to strike); 2 copies, with service | Mobil Oil Corporation |
| 1995-12-01 | Motion to strike out, the affidavit of William L. Hayhurst; 2 copies, with service | Mobil Oil Corporation |
| 1995-11-30 | Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) enclosing copy of letter dated Nov 30/95 sent to applicant | |
| 1995-11-30 | Correspondence received from, sent to Smart & Biggar (Ottawa, ON) to acknowledge receipt of material commencing a proceeding together with filing fee | |
| 1995-11-27 | Book of authorities, 5 copies, with service | Hercules Canada Inc. |
| 1995-11-27 | $50.00 filing fee, receipt no. 31118 | Hercules Canada Inc. |
| 1995-11-27 | Application for leave to appeal, 5 copies (5 COPIES OF AMENDED APPLICATION FOR LEAVE TO APPEAL RECEIVED ON JAN. 4/96, AS PER MAJOR'S ORDER - DO NOT SENT COPIES RECEIVED ON NOV. 27/95), with service, Completed on: 1995-11-27 | Hercules Canada Inc. |
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 Canada Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Mobil Oil Corporation | Respondent | Active |
| Mobil Chemical Canada Ltd. | Respondent | Active |
Counsel
Party: Hercules Canada Inc.
Counsel
900 - 55 Metcalfe Street
PO Box 2999, Station D
Ottawa, Ontario
K1P 5Y6
Telephone: (613) 232-2486
FAX: (613) 232-8440
Party: Mobil Oil Corporation
Counsel
2600 - 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0106
FAX: (613) 563-9869
Party: Mobil Chemical Canada Ltd.
Counsel
2600 - 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0106
FAX: (613) 563-9869
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
Federal Court of Canada, Trial Division
T-2138-87
see file
Federal Court of Appeal
A-544-94
appeal allowed
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
Not available
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
Not available
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.
Downloadable PDFs
Not available