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.
25704
Murray Ryan v. Corporation of the City of Victoria, 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) |
|---|---|---|
| 1999-06-07 | Approved order for payment out, sent to Finance June 8/99 | |
| 1999-03-11 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 1999-03-11 | Copy of formal judgment being prepared | |
| 1999-02-25 | Record returned to the Registrar of the Court of Appeal | |
| 1999-02-02 | Notice of deposit of judgment sent to all parties | |
| 1999-01-28 |
Judgment on the appeal rendered, G Co McL Ia Ma Ba Bi, The appeal is allowed with costs throughout. Allowed, costs in this Court and courts below |
|
| 1998-07-07 | General proceeding, transcripts received and distributed to the justices (100 pages) | |
| 1998-06-24 | Correspondence (sent by the Court) to, (by fax) from W.A. Scott Macfarlane; re: exhibits listed in Mr. Gordon's letter of June 18\98 sent to G Co McL I Ma Ba Bi, June 25/98 | |
| 1998-06-18 | General proceeding, 9 copies of CPRail - Standard Practice circulars sent to G Co McL I Ma Ba Bi, June 18/98 | Murray Ryan |
| 1998-06-17 |
Hearing of the appeal, 1998-06-17, G Co McL Ia Ma Ba Bi Decision reserved |
|
| 1998-06-16 | Supplemental document, 10 copies of Appellant's supplementary record and authorities | Murray Ryan |
| 1998-06-08 | Notice of appearance, (Rick Sugden and Craig Dennis) | Corporation of the City of Victoria |
| 1998-05-28 | Order on motion for additional time to present oral argument, for McLachlin J.'s Order see file | |
| 1998-05-28 |
Decision on motion for additional time to present oral argument, It appears that the defendant Railway's argument will take 1 hour. The defendant City expects to require 30 minutes. I would allot equal time to the plaintiff, being 1 1/2 hours, plus 5 minutes for reply, McL Granted, no order as to costs |
|
| 1998-05-28 | Hearing of motion for additional time to present oral argument, 1998-05-28, It appears that the defendant Railway's argument will take 1 hour. The defendant City expects to require 30 minutes. I would allot equal time to the plaintiff, being 1 1/2 hours, plus 5 minutes for reply, McL | |
| 1998-05-28 | Submission of motion for additional time to present oral argument, 1998-05-28, It appears that the defendant Railway's argument will take 1 hour. The defendant City expects to require 30 minutes. I would allot equal time to the plaintiff, being 1 1/2 hours, plus 5 minutes for reply, McL | |
| 1998-05-27 | Order on motion to extend time, to file the respondents' The Esquimalt and Nanaimo Railway Co. and Canadian Pacific Ltd.'s factum, record and book of authorities | |
| 1998-05-27 |
Decision on motion to extend time, to file the respondents' The Esquimalt and Nanaimo Railway Co. and Canadian Pacific Ltd.'s factum, record and book of authorities to May 22/ 98, Reg Granted, no order as to costs |
|
| 1998-05-27 | Hearing of motion to extend time, 1998-05-27, to file the respondents' The Esquimalt and Nanaimo Railway Co. and Canadian Pacific Ltd.'s factum, record and book of authorities to May 22/ 98, Reg | |
| 1998-05-27 | Submission of motion to extend time, 1998-05-27, to file the respondents' The Esquimalt and Nanaimo Railway Co. and Canadian Pacific Ltd.'s factum, record and book of authorities to May 22/ 98, Reg | |
| 1998-05-26 | Affidavit, to file the respondent's factum, record and authorities to May 22, 1998 (W.A.S. MacFarlane) | Esquimalt and Nanaimo Railway Company |
| 1998-05-26 | $50.00 filing fee for notice of motion, receipt no. 30667 | Esquimalt and Nanaimo Railway Company |
| 1998-05-26 | Motion to extend time, to file the respondent's factum, record and authorities to May 22, 1998, Completed on: 1998-05-26 | Esquimalt and Nanaimo Railway Company |
| 1998-05-25 | Respondent's factum, 24 copies (see order dated May 13, 1998), with service, Completed on: 1998-05-25 | Corporation of the City of Victoria |
| 1998-05-22 | Book of authorities, 12 copies, Completed on: 1998-05-22 | Esquimalt and Nanaimo Railway Company |
| 1998-05-22 | Respondent's record, 24 copies, Completed on: 1998-05-22 | Esquimalt and Nanaimo Railway Company |
| 1998-05-22 | Respondent's factum, 24 copies (extension requested), Completed on: 1998-05-22 | Esquimalt and Nanaimo Railway Company |
| 1998-05-22 | Response to the motion for additional time to present oral argument, (from the Appellant and the Respondent, Esquimalt and Nanaimo Railway Co., et al), with service, Completed on: 1998-05-22 | Murray Ryan |
| 1998-05-22 | Affidavit, of Craig P. Dennis - book form | Corporation of the City of Victoria |
| 1998-05-22 | $50.00 filing fee for notice of motion, receipt no. 30648 | Corporation of the City of Victoria |
| 1998-05-22 | Motion for additional time to present oral argument, (4 hours for the hearing of the appeal) - 6 copies - book form, with service, Completed on: 1998-05-22 | Corporation of the City of Victoria |
| 1998-05-22 | Respondent's record, 24 copies, with service, Completed on: 1998-05-22 | Corporation of the City of Victoria |
| 1998-05-22 | Book of authorities, 12 copies, with service, Completed on: 1998-05-22 | Corporation of the City of Victoria |
| 1998-05-21 | Order on motion to extend time, to file their factum | |
| 1998-05-13 |
Decision on motion to extend time, to file their factum, record & authorities to May 22/98, Reg Granted, no order as to costs |
|
| 1998-05-13 | Hearing of motion to extend time, 1998-05-13, to file their factum, record & authorities to May 22/98, Reg | |
| 1998-05-13 | Submission of motion to extend time, 1998-05-13, to file their factum, record & authorities to May 22/98, Reg | |
| 1998-05-12 | Response to motion to extend time, to file the respondent's response, record and authorities to May 22, 1998 (A. Gordon), Completed on: 1998-05-12 | Murray Ryan |
| 1998-05-12 | Affidavit, to file the respondent's response, record and authorities to May 22, 1998 (G. Glover), with service | Corporation of the City of Victoria |
| 1998-05-12 | $50.00 filing fee for notice of motion, receipt no. 30602 | Corporation of the City of Victoria |
| 1998-05-12 | Motion to extend time, to file the respondent's response, record and authorities to May 22, 1998 (5 copies), with service, Completed on: 1998-05-12 | Corporation of the City of Victoria |
| 1998-04-15 |
Appeal hearing scheduled, 1998-06-17 Decision reserved |
|
| 1998-03-02 | Appeal perfected for hearing, Session beginning on 1998-04-27 | |
| 1998-02-17 |
Decision on motion to extend time, to file their factum, record & authorities to Feb. 6/98, DeRg Granted, no order as to costs |
|
| 1998-02-17 | Hearing of motion to extend time, 1998-02-17, to file their factum, record & authorities to Feb. 6/98, DeRg | |
| 1998-02-17 | Submission of motion to extend time, 1998-02-17, to file their factum, record & authorities to Feb. 6/98, DeRg | |
| 1998-02-10 | Correspondence received from, sent to Nelligan, Power enclosing receipt for filing fee | |
| 1998-02-09 | Proof of service, of the motion to extend time admitted on Feb. 4/98 | |
| 1998-02-09 | Book of authorities, 12 copies, Completed on: 1998-02-09 | Murray Ryan |
| 1998-02-05 | $50.00 filing fee for notice of motion, receipt #30065 | Murray Ryan |
| 1998-02-05 | Affidavit, to file the record, factum and book of authorities ; 5 copies; Aaron A.G. Gordon | Murray Ryan |
| 1998-02-05 | Motion to extend time, to file the record and factum and book of authorities to Feb. 6\98; 5 copies, Completed on: 1998-02-05 | Murray Ryan |
| 1998-02-05 | Appellant's factum, 24 copies, Completed on: 1998-02-05 | Murray Ryan |
| 1998-02-05 | Appellant's record, 24 copies, Completed on: 1998-02-05 | Murray Ryan |
| 1998-01-29 | Correspondence (sent by the Court) to, (by fax) from Aaron A.G. Gordon; re: questions about the Appellant's Record | |
| 1998-01-28 | Correspondence (sent by the Court) to, (by fax) from Aaron A.G. Gordon; re: consent of the respondent for the late filing of the factum and record to Feb. 6\98 | |
| 1998-01-26 | Correspondence (sent by the Court) to, (by fax) from Aaron A.G. Gordon; re: anticipate filing tbe factum by Feb. 6\98 | |
| 1997-12-18 | Appeal court record, (1 enveloppe) | |
| 1997-11-28 | Correspondence (sent by the Court) to, from Godron & Velletta to L. Meagher, letter dated Nov. 28, 1997 re: the parties have consented to this action being governed by the new rules | |
| 1997-08-22 | Correspondence (sent by the Court) to, sent to Lawson Lundell Lawson & McIntosh (Vancouver, BC) enclosing copy of Rule 32 | |
| 1997-08-22 | Correspondence (sent by the Court) to, sent to Corporation of the City of Victoria (Victoria, BC) enclosing copy of Rule 32 | |
| 1997-08-22 | Correspondence (sent by the Court) to, sent to Gordon & Velletta (Victoria, BC) enclosing copy of Rule 32 | |
| 1997-08-21 | Notice of deposit of security, receipt #2423, with service | |
| 1997-08-21 | $10.00 fee for depositing security, receipt #34608 | Murray Ryan |
| 1997-08-14 | $500 security deposit paid, receipt #2423 | Murray Ryan |
| 1997-08-14 | Notice of appeal, Completed on: 1997-08-14 | Murray Ryan |
| 1997-07-11 | Order granting leave to appeal | |
| 1997-06-19 |
Decision on motion to extend time to file and /or serve the leave application, LaF G Ma Granted, no order as to costs |
|
| 1997-06-19 | Hearing of motion to extend time to file and/ or serve the leave application, 1997-06-19, LaF G Ma | |
| 1997-06-19 | Submission of motion to extend time to file and/ or serve the leave application, 1997-06-19, LaF G Ma | |
| 1997-06-19 |
Judgment of the Court on the application for leave to appeal, LaF G Ma, The application for extension of time and the application for leave to appeal are granted. Granted, no order as to costs |
|
| 1997-06-19 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson | |
| 1997-06-19 | Notice of deposit of judgment issued to all parties, Nellingan, Power | |
| 1997-03-27 | All materials on application for leave submitted to the Judges, 1997-06-19, LaF G Ma | |
| 1997-02-13 | Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1997-02-13 | Murray Ryan |
| 1997-02-12 | $50.00 filing fee for a notice of motion, to extend time receipt #33553 | Esquimalt and Nanaimo Railway Company |
| 1997-02-12 | $50.00 filing fee for a notice of motion, to extend time receipt #33553 | Corporation of the City of Victoria |
| 1997-02-06 | Respondent's response on the application for leave to appeal, 5 copies (extension of time included in response), with service, Completed on: 1997-02-06 | Corporation of the City of Victoria |
| 1997-02-06 | Respondent's response on the application for leave to appeal, 5 copies (extension of time included in response), with service, Completed on: 1997-02-06 | Esquimalt and Nanaimo Railway Company |
| 1997-02-04 | General proceeding, 5 copies of formal order of C.A. (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL) | Murray Ryan |
| 1997-01-10 | Correspondence received from, sent to Lawson Lundell Lawson & MacIntosh, (Vancouver, BC) a copy of the letter dated January 10, 1997, sent to the applicant. | |
| 1997-01-10 | Correspondence received from, sent to Counsel of the City of Victoria (Victoria, BC) a copy of the letter dated January 10, 1997, sent to the applicant. | |
| 1997-01-10 | Correspondence received from, sent to Nelligan, Power (Ottawa, ON) to acknowledge receipt of documents commencing a proceeding. | |
| 1996-12-19 | $50.00 filing fee, receipt no. 33238 | Murray Ryan |
| 1996-12-19 | Application for leave to appeal, 5 copies (formal order of C.A. missing), with service, Completed on: 1997-02-04 | Murray Ryan |
| 1996-12-19 | Affidavit, of Aaron A. Gordon (included in the application for leave to appeal), with service | Murray Ryan |
| 1996-12-19 | Motion to extend the time to file and or serve the application for leave to appeal, to Dec. 19, 1996 (included in the application for leave to appeal), with service, Completed on: 1996-12-19 | Murray Ryan |
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 |
|---|---|---|
| Ryan, Murray | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Corporation of the City of Victoria | Respondent | Active |
| Esquimalt and Nanaimo Railway Company | Respondent | Active |
| Canadian Pacific Limited | Respondent | Active |
Counsel
Party: Ryan, Murray
Counsel
Joseph J. Arvay
302 - 852 Fort St
Victoria, British Columbia
V8W 1H8
Telephone: (250) 383-9104
FAX: (250) 383-1922
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Party: Corporation of the City of Victoria
Counsel
200 - 375 Water St.
Vancouver, British Columbia
V6B 5C6
Telephone: (604) 687-7700
FAX: (604) 687-5596
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Party: Esquimalt and Nanaimo Railway Company
Counsel
1600 - 925 Georgia St West
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 685-3456
FAX: (604) 669-1620
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Canadian Pacific Limited
Counsel
1600 - 925 Georgia St West
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 685-3456
FAX: (604) 669-1620
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
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
Supreme Court of British Columbia
87-2733
Respondents jointly and severally liable in negligence; Railways liable nuisance
Court of Appeal for British Columbia (Vancouver)
CA019021
Appeal allowed in part
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
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