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25795

Chippewas of Kettle and Stony Point v. Attorney General of Canada, et al.

(Ontario) (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)
1998-08-12 Correspondence (sent by the Court) to, sent to Dept. of Justice (Toronto, ON) Court records returned (9 boxes)
1998-07-09 Appeal closed
1998-07-09 Record returned to the Registrar of the Court of Appeal, (11 boxes)(RETURNED TO US AUG./98 - 9 BOXES)
1998-05-28 Copy of formal judgment being prepared, all parties
1998-05-27 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1998-05-25 Proof of service, of Supplementary Book of authorities
1998-05-19 Judgment on the appeal rendered, CJ G Co McL Ia Ma Ba
Dismissed, no order as to costs
1998-05-19 Hearing of the appeal, 1998-05-19, CJ G Co McL Ia Ma Ba
1998-05-15 Correspondence (sent by the Court) to, from Pensa & Ass. (fax copy) re: duration of argument
1998-05-15 Correspondence (sent by the Court) to, from McKenzie, Nash (fax copy) re: duration of argument
1998-05-15 Book of authorities, 10 copies of SUPPLEMENTARY BOOK OF AUTHORITIES, Completed on: 1998-05-15 Attorney General of Canada
1998-05-15 Book of authorities, 10 copies (AMENDED), Completed on: 1998-05-15 Attorney General of Canada
1998-05-14 Notice of appearance, (J. G. Cowan) Paul Hendrick Wilmink
1998-05-13 Book of authorities, 12 copies of SUPPLEMENTARY BOOK OF AUTHORITIES, with service, Completed on: 1998-05-13 Chippewas of Kettle and Stony Point
1998-05-08 General proceeding, (Assured Mr. Raikes by phone that his letter of May 5/98 was brought to the attention of the Chief Justice)
1998-05-08 Notice of appearance, (A. L. McKenzie) (fax copy) Corporation of the Township of Bosanquet
1998-05-08 Notice of appearance, (Gerard T. Tillmann) (fax copy) Bank of Montreal
1998-05-05 Correspondence (sent by the Court) to, from Russell Raikes of Cohen, Highley to A. Roland, letter dated May 5, 1998 (fax copy) re: Mr. Justice Binnie acted for the respondent title holders early in this litigation
1998-05-01 Book of authorities, 12 copies, Completed on: 1998-05-01 Paul Hendrick Wilmink
1998-04-23 Notice of hearing, With service Chippewas of Kettle and Stony Point
1998-04-20 Book of authorities, 12 copies (joint with R10 to R13), Completed on: 1998-04-20 Bank of Montreal
1998-04-20 Proof of service, of the book of authorities
1998-04-15 Appeal hearing scheduled, 1998-05-19
1998-04-02 Decision on motion for additional time to present oral argument, by the appellant. The appellant is allowed one hour and a half for principal oral argument and reply and the respondents are allowed a total of one hour and a half for argument, Reg
Granted, no order as to costs
1998-04-02 Hearing of motion for additional time to present oral argument, 1998-04-02, by the appellant. The appellant is allowed one hour and a half for principal oral argument and reply and the respondents are allowed a total of one hour and a half for argument, Reg
1998-04-02 Submission of motion for additional time to present oral argument, 1998-04-02, by the appellant. The appellant is allowed one hour and a half for principal oral argument and reply and the respondents are allowed a total of one hour and a half for argument, Reg
1998-03-31 Correspondence (sent by the Court) to, from Russell M. Raikes of Cohen, Highley to A. Roland, letter dated March 30, 1998 re: requesting 1.5 hours instead of 2.5 hours (as per motion)
1998-03-31 Affidavit, of Russell M. Raikes, with service Chippewas of Kettle and Stony Point
1998-03-31 Motion for additional time to present oral argument, (1.5 hours for principal argument and reply) (see letter of Russell M. Raikes, dated March 30, 1998) - $50.00 requested, with service, Completed on: 1998-03-31 Chippewas of Kettle and Stony Point
1998-03-27 Response to the motion for additional time to present oral argument, to 1.5 (see letter of Cohen, Highley dated March 30, 1998) (consent of Charlotte A. Bell), Completed on: 1998-03-27 Attorney General of Canada
1998-02-24 Correspondence (sent by the Court) to, from Cohen, Highley to A. Roland, letter dated Feb. 24, 1998 (fax copy) re: appreciate if he could be heard before the week beginning May 25, 1998 or after June 10, 1998
1998-01-27 Appeal court record, (8 boxes)
1998-01-26 Agreement as to contents of case Chippewas of Kettle and Stony Point
1998-01-21 Order on motion to extend time, to file their factum (Bank of Montreal, et al.)
1998-01-20 Proof of service, of factum; book of authorities and secondary sources (ATTEMPT SERVICE)
1998-01-15 Proof of service, of the respondent (Corp. of the Township of Bosanquet)'s factum
1998-01-14 Decision on motion to extend time, to file the respondents' Bank of Montreal et al. factum to Dec. 22/97, Reg
Granted, no order as to costs
1998-01-14 Hearing of motion to extend time, 1998-01-14, to file the respondents' Bank of Montreal et al. factum to Dec. 22/97, Reg
1998-01-14 Submission of motion to extend time, 1998-01-14, to file the respondents' Bank of Montreal et al. factum to Dec. 22/97, Reg
1998-01-12 Proof of service, of the respondent's response
1998-01-07 Response to motion to extend time, to file the respondents's Bank of Montreal, et al to Dec. 22, 1997 (Cohen, Highley) - 2 copies - book form, with service, Completed on: 1998-01-07 Chippewas of Kettle and Stony Point
1998-01-07 Affidavit, to file the respondents's factum to Dec. 22, 1997 (G. T. Tillmann) - 2 copies - book form, with service Bank of Montreal
1998-01-07 $50.00 filing fee for notice of motion, receipt no. 28414 Bank of Montreal
1998-01-07 Motion to extend time, to file the respondents's factum to Dec. 22, 1997 - 2 copies - book form, with service, Completed on: 1998-01-07 Bank of Montreal
1998-01-05 Proof of service, of the respondent's response, with service
1997-12-30 Correspondence (sent by the Court) to, from Albert M. Lockyer; re: adopt and rely on the factum of A.G. Canada and the factum of the Individual Respondents
1997-12-22 Respondent's factum, 24 copies (extension of time requested), with service, Completed on: 1997-12-22 Bank of Montreal
1997-12-18 Respondent's factum, 24 copies (joint with R04, R05, R06, R07, R08), with service, Completed on: 1997-12-18 Paul Hendrick Wilmink
1997-12-18 Correspondence (sent by the Court) to, dated Dec. 18/97 from Albert M. Lockyer (counsel for 7 individual respondents listed in schedule A) to advise the Court that he adopts and rely on the factum of the Attorney General of Canada (TO BE SENT WITH THE OTHER MATERIALS ON APPEAL)
1997-12-17 Respondent's factum, 24 copies, with service, Completed on: 1997-12-17 Corporation of the Township of Bosanquet
1997-12-16 Appeal perfected for hearing, Session beginning on 1998-04-27
1997-12-16 Book of authorities, 10 copies of RESPONDENTS'SECONDARY SOURCES, with service, Completed on: 1997-12-16 Attorney General of Canada
1997-12-16 Book of authorities, 10 copies, with service, Completed on: 1997-12-16 Attorney General of Canada
1997-12-16 Respondent's factum, 24 copies, with service, Completed on: 1997-12-16 Attorney General of Canada
1997-10-29 Book of authorities, 10 copies, with service, Completed on: 1997-10-29 Chippewas of Kettle and Stony Point
1997-10-21 Appellant's factum, 24 copies, with service, Completed on: 1997-10-21 Chippewas of Kettle and Stony Point
1997-09-23 General proceeding, 24 copies of EXTRACT BOOK, TAP 1 TO 77 AND SUPPLEMENTARY EXTRACT BOOK (see case on appeal, part III - Exhibits) Chippewas of Kettle and Stony Point
1997-09-23 Certified casebook Chippewas of Kettle and Stony Point
1997-09-23 Case on appeal, 22 copies Chippewas of Kettle and Stony Point
1997-08-27 Appeal court record, 2 boxes
1997-06-27 Correspondence (sent by the Court) to, sent to Albert M. Lockyer (Forest, ON) enclosing copy of Rule 32
1997-06-27 Correspondence (sent by the Court) to, sent to A.G. Canada (Toronto, ON) enclosing copy of Rule 32
1997-06-27 Correspondence (sent by the Court) to, sent to Cohen Highley Vogel & Dawson (London, ON) enclosing copy of Rule 32
1997-06-27 Correspondence (sent by the Court) to, sent to McKenzie Nash Bryant (London, ON) enclosing copy of Rule 32
1997-06-27 Correspondence (sent by the Court) to, sent to Weir & Foulds (Toronto, ON) enclosing copy of Rule 32
1997-06-27 Correspondence (sent by the Court) to, sent to Pensa & Associates (London, ON) enclosing copy of Rule 32
1997-06-26 Notice of deposit of security, With service
1997-06-25 $10.00 fee for depositing security, receipt #34389 Chippewas of Kettle and Stony Point
1997-06-25 $500 security deposit paid, direction #2420 Chippewas of Kettle and Stony Point
1997-06-25 Notice of appeal, With service, Completed on: 1997-06-25 Chippewas of Kettle and Stony Point
1997-06-23 Order granting leave to appeal
1997-05-30 Notice of deposit of judgment issued to all parties, Albert M. Lockyer (Forest, ON)
1997-05-30 Notice of deposit of judgment issued to all parties, Hewitt, Hewitt, Nesbitt & Reid
1997-05-30 Notice of deposit of judgment issued to all parties, Yegendorf, Brazeau, Seller, Prehogan & Wyllie (Ottawa, ON)
1997-05-30 Notice of deposit of judgment issued to all parties, Lang, Michener
1997-05-30 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson
1997-05-30 Notice of deposit of judgment issued to all parties, A.G. of Canada
1997-05-29 Judgment of the Court on the application for leave to appeal, LaF G Ma, The application for leave to appeal is granted.
Granted, no order as to costs
1997-05-02 All materials on application for leave submitted to the Judges, LaF G Ma
1997-03-12 Book of authorities, 5 copies, Completed on: 1997-03-12 Chippewas of Kettle and Stony Point
1997-03-05 Applicant's reply to respondent's argument, 5 copies, Completed on: 1997-03-05 Chippewas of Kettle and Stony Point
1997-03-05 Proof of service, of the reply (response)
1997-02-27 Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1997-02-27 Paul Hendrick Wilmink
1997-02-27 Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1997-02-27 Bank of Montreal
1997-02-25 Book of authorities, 5 copies, Completed on: 1997-02-25 Attorney General of Canada
1997-02-25 Respondent's response on the application for leave to appeal, 5 copies, Completed on: 1997-02-25 Attorney General of Canada
1997-02-25 Correspondence received from, dated Feb. 25/97 from Albert M. Lockyer (counsel for 7 individual Respondents listed in Schedule "A") to advise the Court that he adopts and relies on the memorandum of argument of the Attorney General of Canada (to be sent with appl.) Cynthia Marie Theoren, et al
1997-02-25 Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1997-02-25 Corporation of the Township of Bosanquet
1997-02-21 Correspondence received from, sent to Weir & Foulds (Toronto, ON) enclosing copy of the letter dated Feb. 21/97 sent to the Applicant
1997-02-21 Correspondence received from, sent to McKenzie Nash Bryant (London, ON) enclosing copy of the letter dated Feb. 21/97 sent to the Applicant
1997-02-21 Correspondence received from, sent to Attorney General of Canada enclosing copy of the letter dated Feb. 21/97 sent to the Applicant
1997-02-21 Correspondence received from, sent to Gowling, Strathy & Henderson to acknowledge receipt of material commencing a proceeding together with filing fee
1997-02-07 Appeal Court record, (1 small box)
1997-01-30 $50.00 filing fee, receipt #33451 Chippewas of Kettle and Stony Point
1997-01-30 Application for leave to appeal, 5 copies, with service, Completed on: 1997-01-30 Chippewas of Kettle and Stony Point
1997-01-24 Correspondence received from, from D.A. Andrews; 3 copies of Extract Book and the Supplementary Extract Book of the A.G. of Canada has been requested from the Court of Appeal Chippewas of Kettle and Stony Point

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
Chippewas of Kettle and Stony Point Applicant Active

v.

Main parties - Respondents
Name Role Status
Attorney General of Canada Respondent Active
Corporation of the Township of Bosanquet Respondent Active
Wilmink, Paul Hendrick Respondent Active
Wilmink, Joanne Cecilia Respondent Active
Van Geel, Joyce Respondent Active
Morrison, Martha Jean Respondent Active
Wagner, Paul L Respondent Active
Wagner, et al, Agnes J. Respondent Active
Bank of Montreal Respondent Active
Canada Trustco Mortgage Company Respondent Active
Canadian Imperial Bank of Commerce Respondent Active
National Trust Company Respondent Active
Toronto-Dominion Bank Respondent Active
Theoren, et al, Cynthia Marie Respondent Active

Counsel

Party: Chippewas of Kettle and Stony Point

Counsel
Names
Paul G. Vogel
Russell M. Raikes
Contact information
Cohen Highley Vogel & Dawson
ONE LONDON PL 11TH FL
255 QUEENS AVE
LONDON, Ontario
N6A 5R8
Telephone: (519) 672-9330
FAX: (519) 519-5960
Agent
Name
Martin W. Mason
Contact information
Gowling Lafleur Henderson
2600-160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General of Canada

Counsel
Name
Charlotte A. Bell, Q.C.
Contact information
Attorney General of Canada
3400 - FIRST CANADIAN PL
PO BOX 36
TORONTO, Ontario
M5X 1A9
Telephone: (416) 973-0942
Agent
Name
Graham R. Garton, Q.C.
Contact information
Attorney General of Canada
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca

Party: Corporation of the Township of Bosanquet

Counsel
Name
Angus L. McKenzie
Contact information
McKenzie Nash Bryant
300 Dundas St
PO Box 3120 Stn B
London, Ontario
N6B 1T9
Telephone: (519) 672-5666
FAX: (519) 967-2267
Agent
Name
Eugene Meehan, Q.C.
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca

Party: Wilmink, Paul Hendrick

Counsel
Name
Jeff G. Cowan
Contact information
Weir & Foulds
1600 - 2 First Canadian Place
Box 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 365-1110
Agent
Name
Ronald Prehogan
Contact information
BrazeauSeller, LLP
750 - 55 Metcalfe St
Ottawa, Ontario
K1P 6L5
Telephone: (613) 233-2139
FAX: (613) 237-4001

Party: Wilmink, Joanne Cecilia

Counsel
Name
Jeff G. Cowan
Contact information
Weir & Foulds
1600 - 2 First Canadian Place
Box 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 365-1110
Agent
Name
Ronald Prehogan
Contact information
BrazeauSeller, LLP
750 - 55 Metcalfe St
Ottawa, Ontario
K1P 6L5
Telephone: (613) 233-2139
FAX: (613) 237-4001

Party: Van Geel, Joyce

Counsel
Name
Jeff G. Cowan
Contact information
Weir & Foulds
1600 - 2 First Canadian Place
Box 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 365-1110
Agent
Name
Ronald Prehogan
Contact information
BrazeauSeller, LLP
750 - 55 Metcalfe St
Ottawa, Ontario
K1P 6L5
Telephone: (613) 233-2139
FAX: (613) 237-4001

Party: Morrison, Martha Jean

Counsel
Name
Jeff G. Cowan
Contact information
Weir & Foulds
1600 - 2 First Canadian Place
Box 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 365-1110
Agent
Name
Ronald Prehogan
Contact information
BrazeauSeller, LLP
750 - 55 Metcalfe St
Ottawa, Ontario
K1P 6L5
Telephone: (613) 233-2139
FAX: (613) 237-4001

Party: Wagner, Paul L

Counsel
Name
Jeff G. Cowan
Contact information
Weir & Foulds
1600 - 2 First Canadian Place
Box 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 365-1110
Agent
Name
Ronald Prehogan
Contact information
BrazeauSeller, LLP
750 - 55 Metcalfe St
Ottawa, Ontario
K1P 6L5
Telephone: (613) 233-2139
FAX: (613) 237-4001

Party: Wagner, et al, Agnes J.

Counsel
Name
Jeff G. Cowan
Contact information
Weir & Foulds
1600 - 2 First Canadian Place
Box 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 365-1110
Agent
Name
Ronald Prehogan
Contact information
BrazeauSeller, LLP
750 - 55 Metcalfe St
Ottawa, Ontario
K1P 6L5
Telephone: (613) 233-2139
FAX: (613) 237-4001

Party: Bank of Montreal

Counsel
Name
Gerard T. Tillmann
Contact information
Pensa & Associates
1000 - 130 DUFFERIN ST
PO BOX 816 STN B
LONDON, Ontario
N6A 4Z3
Telephone: (519) 667-4010
Agent
Name
Andrew A.H. Sherwood
Contact information
Hewitt, Hewitt, Nesbitt, Reid
604 - 75 Albert St
Ottawa, Ontario
K1P 5E7
Telephone: (613) 563-0202
FAX: (613) 563-0445

Party: Canada Trustco Mortgage Company

Counsel
Name
Gerard T. Tillmann
Contact information
Pensa & Associates
1000 - 130 DUFFERIN ST
PO BOX 816 STN B
LONDON, Ontario
N6A 4Z3
Telephone: (519) 667-4010
Agent
Name
Andrew A.H. Sherwood
Contact information
Hewitt, Hewitt, Nesbitt, Reid
604 - 75 Albert St
Ottawa, Ontario
K1P 5E7
Telephone: (613) 563-0202
FAX: (613) 563-0445

Party: Canadian Imperial Bank of Commerce

Counsel
Name
Gerard T. Tillmann
Contact information
Pensa & Associates
1000 - 130 DUFFERIN ST
PO BOX 816 STN B
LONDON, Ontario
N6A 4Z3
Telephone: (519) 667-4010
Agent
Name
Andrew A.H. Sherwood
Contact information
Hewitt, Hewitt, Nesbitt, Reid
604 - 75 Albert St
Ottawa, Ontario
K1P 5E7
Telephone: (613) 563-0202
FAX: (613) 563-0445

Party: National Trust Company

Counsel
Name
Gerard T. Tillmann
Contact information
Pensa & Associates
1000 - 130 DUFFERIN ST
PO BOX 816 STN B
LONDON, Ontario
N6A 4Z3
Telephone: (519) 667-4010
Agent
Name
Andrew A.H. Sherwood
Contact information
Hewitt, Hewitt, Nesbitt, Reid
604 - 75 Albert St
Ottawa, Ontario
K1P 5E7
Telephone: (613) 563-0202
FAX: (613) 563-0445

Party: Toronto-Dominion Bank

Counsel
Name
Gerard T. Tillmann
Contact information
Pensa & Associates
1000 - 130 DUFFERIN ST
PO BOX 816 STN B
LONDON, Ontario
N6A 4Z3
Telephone: (519) 667-4010
Agent
Name
Andrew A.H. Sherwood
Contact information
Hewitt, Hewitt, Nesbitt, Reid
604 - 75 Albert St
Ottawa, Ontario
K1P 5E7
Telephone: (613) 563-0202
FAX: (613) 563-0445

Party: Theoren, et al, Cynthia Marie

Counsel
Name
Albert M. Lockyer
Contact information
PO Box 7
Ipperwash Beach RR 2
Forest, Ontario
N0N 1J0
Telephone: (519) 786-5643
FAX: (519) 978-6493

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

August 18, 1995
Ontario Court of Justice (General Division)

13182/92

see file

December 2, 1996
Court of Appeal for Ontario

C22725

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

Not available

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

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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Webcasts

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Date modified: 2025-05-13