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Case information

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25225

Kirkfield Park & Arthur Oliver Residents Association Inc. v. City of Winnipeg, et al.

(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)
1997-07-30 Close file on Leave
1996-12-30 Certificate of taxation issued to, Osler
1996-12-30 $50.00 filing fee for a bill of costs for taxation, receipt #33283 City of Winnipeg
1996-12-20 Decision on the bill of costs, by the Deputy Registrar at $1,128.75
1996-11-19 Copy of formal judgment on leave being prepared, Osler, Hoskin & Harcourt
1996-11-19 Copy of formal judgment on leave being prepared, City of Winnipeg Legal Dept (Winnipeg, MN)
1996-11-19 Copy of formal judgment on leave being prepared, Gowling, Strathy & Henderson
1996-11-18 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Manitoba (Winnipeg)
1996-10-03 Judgment of the Court on the application for leave to appeal, LaF Co Ma, The application for extension of time is granted and the application for leave to appeal is dismissed with costs.
Dismissed, with costs
1996-10-03 Decision on motion to extend time to file and /or serve the leave application, LaF Co Ma
Granted, no order as to costs
1996-10-03 Hearing of motion to extend time to file and/ or serve the leave application, 1996-10-03, LaF Co Ma
1996-10-03 Submission of motion to extend time to file and/ or serve the leave application, 1996-10-03, LaF Co Ma
1996-10-03 Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt
1996-10-03 Notice of deposit of judgment issued to all parties, City of Winnipeg Legal Dept (Winnipeg, MN)
1996-10-03 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson
1996-06-10 All materials on application for leave submitted to the Judges, LaF Co Ma
1996-05-16 Correspondence received from, from Morden & Kemp to A. Roland, letter dated May 15/96 re: if there is something that can be done to speed the process of leave to appeal (fax copy) TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL 2514141 Manitoba Ltd.
1996-04-30 Notice of change of solicitor, from Kravetsky to M. B. Nepon, with service Kirkfield Park & Arthur Oliver Residents Association Inc.
1996-04-25 Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1996-04-25 Kirkfield Park & Arthur Oliver Residents Association Inc.
1996-04-24 Proof of service, of response
1996-04-18 Respondent's response on the application for leave to appeal, 5 copies, Completed on: 1996-04-18 Westfair Properties Ltd.
1996-03-29 Correspondence received from, sent to City of Winnipeg Legal Dept. (Winnipeg, MN) enclosing copy of letter dated Mar 29/96 sent to applicant
1996-03-29 Correspondence received from, sent to Thompson, Dorfman, Sweatman (Winnipeg, MN) enclosing copy of letter dated Mar 29/96 sent to applicant
1996-03-29 Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) to acknowledge receipt of material commencing a proceeding together with filing fee
1996-03-21 $50.00 filing fee, receipt no. 31763 Kirkfield Park & Arthur Oliver Residents Association Inc.
1996-03-21 Application for leave to appeal, 5 copies (service admitted on March 20/96), with service, Completed on: 1996-03-21 Kirkfield Park & Arthur Oliver Residents Association Inc.
1996-03-21 Affidavit, of Sue Law (included in the application for leave to appeal) - 5 copies, with service Kirkfield Park & Arthur Oliver Residents Association Inc.
1996-03-21 Motion to extend the time to file and or serve the application for leave to appeal, (included in the application for leave to appeal) 5 copies, with service, Completed on: 1996-03-21 Kirkfield Park & Arthur Oliver Residents Association 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

Main parties - Appellants
Name Role Status
Kirkfield Park & Arthur Oliver Residents Association Inc. Applicant Active

v.

Main parties - Respondents
Name Role Status
City of Winnipeg Respondent Active
Westfair Properties Ltd. Respondent Active
2514141 Manitoba Ltd. Respondent Active

Counsel

Party: Kirkfield Park & Arthur Oliver Residents Association Inc.

Counsel
M.B. Nepon
325 QUEENSTON ST
WINNIPEG, Manitoba
R3N 0W9
Telephone: (204) 489-6946
FAX: (204) 488-4639
Agent
Henry S. Brown, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: City of Winnipeg

Counsel
Willliam R. Stovel
City of Winnipeg
MANDARIN BLDG 3RD FL
185 KING ST
WINNIPEG, Manitoba
R3B 1J1
Telephone: (204) 986-2455
FAX: (204) 947-9155

Party: Westfair Properties Ltd.

Counsel
Ross Nugent, Q.C.
Thompson Dorfman Sweatman
2200 - 201 PORTAGE AVE
WINNIPEG, Manitoba
R3B 3L3
Telephone: (204) 957-1930
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

Party: 2514141 Manitoba Ltd.

Counsel
Ross Nugent, Q.C.
Thompson Dorfman Sweatman
2200 - 201 PORTAGE AVE
WINNIPEG, Manitoba
R3B 3L3
Telephone: (204) 957-1930
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

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

June 6, 1995
Court of Queen’s Bench of Manitoba

CI-95-01-87036

application dismissed

January 12, 1996
Court of Appeal of Manitoba

AI-95-30-02343

appeal dismissed

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

Not available

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

Not available

Webcasts

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Date modified: 2025-02-27