Case information
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25355
Dancorp Developments Ltd. v. Metropolitan Trust Company of Canada, 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) |
|---|---|---|
| 1999-01-11 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 1999-01-11 | Copy of formal judgment being prepared | |
| 1999-01-05 | Record returned to the Registrar of the Court of Appeal | |
| 1998-11-04 | Notice of deposit of judgment sent to all parties, all parties | |
| 1998-10-30 |
Judgment on the appeal rendered, L'HD Co McL Ia Ma Ba Bi, The appeal is dismissed with costs. Dismissed, with costs |
|
| 1998-04-03 | General proceeding, transcripts received and distributed to the justices (46 pages) | |
| 1998-03-23 |
Hearing of the appeal, 1998-03-23, L'HD Co McL Ia Ma Ba Bi Decision reserved |
|
| 1998-03-20 | General proceeding, 12 copies of BOOK OF EVIDENCE AND AUTHORITIES | Dancorp Developments Ltd. |
| 1998-03-20 | Correspondence (sent by the Court) to, from Gowling re: duration of argument | |
| 1998-03-20 | Correspondence (sent by the Court) to, (by fax) from Robert Sewell re: adopts the submissions of the Metropolitan Life but will not be making any sumissions | |
| 1998-03-13 | Book of authorities, 10 copies of vols. 1 to 3, with service, Completed on: 1998-03-13 | Metropolitan Trust Company of Canada |
| 1998-01-21 | Notice of hearing | Dancorp Developments Ltd. |
| 1998-01-14 |
Appeal hearing scheduled, 1998-03-23 Decision reserved |
|
| 1997-11-06 | Appeal perfected for hearing, Session beginning on 1998-01-19 | |
| 1997-11-06 | Respondent's factum, 24 copies, with service, Completed on: 1997-11-06 | Metropolitan Trust Company of Canada |
| 1997-10-01 | Proof of service, of the appellant's factum | |
| 1997-09-19 | Appeal court record, (accordeon) | |
| 1997-09-17 | Certified casebook, Supplementary vol. I to X + general index | Dancorp Developments Ltd. |
| 1997-09-15 | Correspondence (sent by the Court) to, (by fax) dated Sept. 12/97 from Daniel R. Bennett (Bull, Housser & Tupper) re: WILL NOT BE PARTICIPATING in this appeal | |
| 1997-09-12 | Appellant's factum, 24 copies (see order of Aug. 8, 1997), Completed on: 1997-09-12 | Dancorp Developments Ltd. |
| 1997-09-08 | Correspondence (sent by the Court) to, (by fax) dated Sept. 8/97 from Andrew J. Pearson (Camp Church & Associates) re: WILL NOT BE PARTICIPATING in the appeal | |
| 1997-09-05 | Correspondence (sent by the Court) to, sent to Bull, Housser & Tupper (Vancouver, BC) enclosing copy of the notice to the profession dealing with condensed books | |
| 1997-09-05 | Correspondence (sent by the Court) to, sent to Camp, Church & Associates (Vancouver, BC) enclosing copy of the notice to the profession dealing with condensed books | |
| 1997-09-05 | Correspondence (sent by the Court) to, sent to McCarthy, Tétrault (Vancouver, BC) enclosing copy of the notice to the profession dealing with condensed books | |
| 1997-09-05 | Correspondence (sent by the Court) to, sent to Berger & Nelson (Vancouver, BC) enclosing copy of the notice to the profession dealing with condensed books | |
| 1997-09-05 | Correspondence (sent by the Court) to, sent to Blake Cassels & Graydon (Vancouver, BC) enclosing copy of the notice to the profession dealing with condensed books | |
| 1997-08-25 | Case on appeal, 23 copies of supplementary vol. I to X and general index (see order of 97/08/08) | Dancorp Developments Ltd. |
| 1997-08-08 | Order on motion to dispense with printing, of the case on Appeal | |
| 1997-08-08 |
Decision on motion to dispense with printing, Reg, of the Case on Appeal 1. The appellant be permitted to file by Aug. 2/97, one set of the Appeal Books and Transcripts, as filed in the B.C. Court of Appeal. 2. The appellant be permitted to file by Aug. 29/97, a supplementary case on appeal, including the reasons and orders of the Courts below and the pleadings, exhibits and evidence that they intend to rely upon; 3. The appellant be permitted to file their factum by Sept. 12/97; 4. The respondent be permitted to file, together with their factum, a supplementary case on appeal containing any additional exhibits and evidence they intend to rely upon. Granted, no order as to costs |
|
| 1997-08-08 | Hearing of motion to dispense with printing, 1997-08-08, Reg | |
| 1997-08-08 | Submission of motion to dispense with printing, 1997-08-08, Reg | |
| 1997-08-06 | Response to motion to dispense with printing, of the Case on Appeal, Completed on: 1997-08-06 | Seaboard Life Insurance Company |
| 1997-08-06 | Response to motion to dispense with printing, of the Case on Appeal, Completed on: 1997-08-06 | Metropolitan Trust Company of Canada |
| 1997-08-06 | Affidavit, of the Case on Appeal; Gary A. Nelson | Dancorp Developments Ltd. |
| 1997-08-06 | $50.00 filing fee for notice of motion, receipt #34560 | Dancorp Developments Ltd. |
| 1997-08-06 | Motion to dispense with printing, of the Case on Appeal, Completed on: 1997-08-06 | Dancorp Developments Ltd. |
| 1997-08-01 | General proceeding, 1 COPY OF APPEAL BOOKS vol. 1 to 17 plus a master index to the appeal books and 1 transcript | Dancorp Developments Ltd. |
| 1997-07-03 | Correspondence (sent by the Court) to, from Gowlings; re: that the Case on Appeal should be filed by middled of July | |
| 1997-04-08 | Correspondence received from, (notice of change of address for delivery: Suite 2600, Three Bentall Centre, 595 Burrard Street, P. O. Box 49314, Vancouver, B.C. V7X 1L3 | Metropolitan Trust Company of Canada |
| 1997-04-04 |
Decision on the motion for reconsideration of the application for leave to appeal, LaF Co Ma, The application for reconsideration of the order granting leave to appeal on the sole issue referred to in the order granting leave dated the 5 December 1996 is hereby dismissed with costs Dismissed, with costs |
|
| 1997-04-04 | Submission of motion for reconsideration of the application for leave to appeal to panel, 1997-04-04, LaF Co Ma | |
| 1997-03-10 | General proceeding, 1 copy of APPELLANT'S REPLY ON MOTION BY METROPOLITAN TRUST - book form | Dancorp Developments Ltd. |
| 1997-02-28 | Correspondence (sent by the Court) to, from Berger & Nelson to A. Roland, letter dated Feb. 28, 1997 (fax copy) re: the appellant shall file materials in response to the Respondent's motion by March 7, 1997 | |
| 1997-02-18 | Correspondence (sent by the Court) to, (by fax) dated Feb. 17/97 from Francis L. Lamer | |
| 1997-02-14 | $50.00 filing fee for notice of motion, miscellaneous receipt #33570 | Metropolitan Trust Company of Canada |
| 1997-02-13 | General proceeding, 5 copies of RESPONDENT'S SUBMISSION ON MOTION FOR AN ORDER QUASHING THE APPELLANT'S MOTION FOR RECONSIDERATION (book form) | Dancorp Developments Ltd. |
| 1997-02-13 | Affidavit, of Francis Lamer re: motion for an order quashing the appellant's motion for reconsideration - 5 copies | Metropolitan Trust Company of Canada |
| 1997-02-13 | Notice of miscellaneous motion, 5 copies (an order quashing the appellant's motion for reconsideration of the leave decision) $50.00 requested, Completed on: 1997-02-13 | Metropolitan Trust Company of Canada |
| 1997-01-10 | Correspondence (sent by the Court) to, sent to Berger & Nelson (Vancouver, BC) enclosing copy of Rule 32 c.c. Gowling, Strathy & Henderson | |
| 1997-01-10 | Correspondence (sent by the Court) to, sent to Bull, Housser & Tupper (Vancouver, BC) enclosing copy of Rule 32 | |
| 1997-01-10 | Correspondence (sent by the Court) to, sent to Camp, Church & Associates (Vancovuer, BC) enclosing copy of Rule 32 | |
| 1997-01-10 | Correspondence (sent by the Court) to, sent to Blake, Cassels & Graydon (Vancouver, BC) enclosing copy of Rule 32 c.c. Gordon Cameron | |
| 1997-01-10 | Correspondence (sent by the Court) to, sent to McCarthy, Tetrault (Vancouver, BC) enclosing copy of Rule 32 c.c. Colin Baxter | |
| 1997-01-09 | Proof of service, of the notice of appeal | |
| 1997-01-08 | Order granting leave to appeal | |
| 1997-01-06 | Notice of deposit of security | |
| 1997-01-03 | $500 security deposit paid, receipt #2403 | Dancorp Developments Ltd. |
| 1996-12-23 | $50.00 filing fee for notice of motion, receipt no. 33265 | Dancorp Developments Ltd. |
| 1996-12-23 | Notice of appeal, (1 copy), Completed on: 1996-12-23 | Dancorp Developments Ltd. |
| 1996-12-23 | Motion for reconsideration of the application for leave to appeal, (that the Court grant leave to appeal on all grounds), Completed on: 1996-12-23 | Dancorp Developments Ltd. |
| 1996-12-09 | Notice of deposit of judgment issued to all parties, McCarthy, Tétrault | |
| 1996-12-09 | Notice of deposit of judgment issued to all parties, Camp, Church & Ass. (Vancouver, BC) | |
| 1996-12-09 | Notice of deposit of judgment issued to all parties, Bull, Housser & Tupper (Vancouver, BC) | |
| 1996-12-09 | Notice of deposit of judgment issued to all parties, Blake, Cassels & Graydon | |
| 1996-12-09 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson | |
| 1996-12-05 |
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 granted on the issue of whether under s. 347(1)(b) of the Criminal Code the interest should be calculated for the period the loan was actually outstanding or for the term of the mortgage agreement. Granted, no order as to costs |
|
| 1996-12-05 |
Decision on motion to extend time to file and /or serve the leave application, LaF Co Ma Granted, no order as to costs |
|
| 1996-12-05 | Hearing of motion to extend time to file and/ or serve the leave application, 1996-12-05, LaF Co Ma | |
| 1996-12-05 | Submission of motion to extend time to file and/ or serve the leave application, 1996-12-05, LaF Co Ma | |
| 1996-10-09 | Proof of service, of reply | |
| 1996-09-30 | Order on motion to extend time, to file the response | |
| 1996-09-30 |
Decision on motion to extend time, to file the response to Sept 18/96, Reg Granted, no order as to costs |
|
| 1996-09-30 | Hearing of motion to extend time, 1996-09-30, to file the response to Sept 18/96, Reg | |
| 1996-09-30 | Submission of motion to extend time, 1996-09-30, to file the response to Sept 18/96, Reg | |
| 1996-09-26 | Response to motion to extend time, to serve and file the response of R04 to Sept. 18/96, Completed on: 1996-09-26 | Dancorp Developments Ltd. |
| 1996-09-26 | Affidavit, to serve and file the response to Sept. 18/96; Colin Stephen Baxter | Seaboard Life Insurance Company |
| 1996-09-26 | $50.00 filing fee for a notice of motion, receipt #32662 | Seaboard Life Insurance Company |
| 1996-09-26 | Motion to extend time, to serve and file the response to Sept. 18/96, Completed on: 1996-09-26 | Seaboard Life Insurance Company |
| 1996-09-18 | Correspondence received from, from McCarthy, Tétrault; re: an extension of time is forthcoming to file the response | Seaboard Life Insurance Company |
| 1996-09-18 | Respondent's response on the application for leave to appeal, 5 copies (extension of time requested) sent to LaF Co Ma, Sept 19/96, Completed on: 1996-09-18 | Seaboard Life Insurance Company |
| 1996-09-18 | Applicant's reply to respondent's argument, 5 copies, Completed on: 1996-09-18 | Dancorp Developments Ltd. |
| 1996-08-23 | All materials on application for leave submitted to the Judges, LaF Co Ma | |
| 1996-07-03 | Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1996-07-03 | Metropolitan Trust Company of Canada |
| 1996-06-25 | Proof of service, of leave application (admitted on June 3, 4 and 5 June) | |
| 1996-06-06 | Correspondence received from, sent to Bull, Housser & Tupper (Vancouver, BC) enclosing copy of letter dated June 6/96 sent to applicant | |
| 1996-06-06 | Correspondence received from, sent to Camp, Church & Associates (Vancouver, BC) enclosing copy of letter dated June 6/96 sent to applicant | |
| 1996-06-06 | Correspondence received from, sent to Blake, Cassels & Graydon (Ottawa, ON) enclosing copy of letter dated June 6/96 sent to applicant | |
| 1996-06-06 | Correspondence received from, sent to McCarthy, Tetrault (Vancouver, BC) enclosing copy of letter dated June 6/96 sent to applicant | |
| 1996-06-06 | Correspondence received from, sent to Gowling, Strathy & Henderson to acknowledge receipt of application for leave to appeal | |
| 1996-06-03 | $50.00 filing fee, receipt no. 32177 | Dancorp Developments Ltd. |
| 1996-06-03 | Application for leave to appeal, 5 copies (formal order of C.A. not yet settled and proof of service missing), Completed on: 1996-08-23 | Dancorp Developments Ltd. |
| 1996-06-03 | Affidavit, of Gary A. Nelson (included in the application for leave to appeal) | Dancorp Developments Ltd. |
| 1996-06-03 | 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, Completed on: 1996-06-03 | Dancorp Developments Ltd. |
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 |
|---|---|---|
| Dancorp Developments Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Metropolitan Trust Company of Canada | Respondent | Active |
| Seaboard Life Insurance Company | Respondent | Active |
| Bird, Owen | Respondent | Active |
| Co-Operators Life Insurance Company | Respondent | Active |
| Confederation Life Insurance Company | Respondent | Active |
Counsel
Party: Dancorp Developments Ltd.
Counsel
Gary A. Nelson
1300 - 355 Burrard St.
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 684-1311
FAX: (604) 684-6402
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com
Party: Metropolitan Trust Company of Canada
Counsel
2600 - 595 Burrard St
PO Box 49314 Three Bentall Centre
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-3300
FAX: (604) 463-1330
Agent
45 O'Connor Street
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2222
FAX: (613) 788-2247
Party: Seaboard Life Insurance Company
Counsel
1300 - 777 Dunsmuir St
Box 10424 Pacific Centre
Vancouver, British Columbia
V7Y 1K2
Telephone: (604) 669-2611
FAX: (604) 464-3790
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386
Party: Bird, Owen
This party is not represented by counsel.
Party: Co-Operators Life Insurance Company
Counsel
1300 - 777 Dunsmuir St
Box 10424 Pacific Centre
Vancouver, British Columbia
V7Y 1K2
Telephone: (604) 669-2611
FAX: (604) 464-3790
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386
Party: Confederation Life Insurance Company
Counsel
1300 - 777 Dunsmuir St
Box 10424 Pacific Centre
Vancouver, British Columbia
V7Y 1K2
Telephone: (604) 669-2611
FAX: (604) 464-3790
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386
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.
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Lower court rulings
Supreme Court of British Columbia
A910895
Appellant's application for summary judgment dismissed
Court of Appeal for British Columbia (Vancouver)
CA019339
Appeal dismissed
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
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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
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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.
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