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.
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.
| 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
| Name | Role | Status |
|---|---|---|
| Chippewas of Kettle and Stony Point | Applicant | Active |
v.
| 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
Russell M. Raikes
ONE LONDON PL 11TH FL
255 QUEENS AVE
LONDON, Ontario
N6A 5R8
Telephone: (519) 672-9330
FAX: (519) 519-5960
Agent
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
3400 - FIRST CANADIAN PL
PO BOX 36
TORONTO, Ontario
M5X 1A9
Telephone: (416) 973-0942
Agent
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
300 Dundas St
PO Box 3120 Stn B
London, Ontario
N6B 1T9
Telephone: (519) 672-5666
FAX: (519) 967-2267
Agent
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
1600 - 2 First Canadian Place
Box 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 365-1110
Agent
750 - 55 Metcalfe St
Ottawa, Ontario
K1P 6L5
Telephone: (613) 233-2139
FAX: (613) 237-4001
Party: Wilmink, Joanne Cecilia
Counsel
1600 - 2 First Canadian Place
Box 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 365-1110
Agent
750 - 55 Metcalfe St
Ottawa, Ontario
K1P 6L5
Telephone: (613) 233-2139
FAX: (613) 237-4001
Party: Van Geel, Joyce
Counsel
1600 - 2 First Canadian Place
Box 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 365-1110
Agent
750 - 55 Metcalfe St
Ottawa, Ontario
K1P 6L5
Telephone: (613) 233-2139
FAX: (613) 237-4001
Party: Morrison, Martha Jean
Counsel
1600 - 2 First Canadian Place
Box 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 365-1110
Agent
750 - 55 Metcalfe St
Ottawa, Ontario
K1P 6L5
Telephone: (613) 233-2139
FAX: (613) 237-4001
Party: Wagner, Paul L
Counsel
1600 - 2 First Canadian Place
Box 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 365-1110
Agent
750 - 55 Metcalfe St
Ottawa, Ontario
K1P 6L5
Telephone: (613) 233-2139
FAX: (613) 237-4001
Party: Wagner, et al, Agnes J.
Counsel
1600 - 2 First Canadian Place
Box 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 365-1110
Agent
750 - 55 Metcalfe St
Ottawa, Ontario
K1P 6L5
Telephone: (613) 233-2139
FAX: (613) 237-4001
Party: Bank of Montreal
Counsel
1000 - 130 DUFFERIN ST
PO BOX 816 STN B
LONDON, Ontario
N6A 4Z3
Telephone: (519) 667-4010
Agent
604 - 75 Albert St
Ottawa, Ontario
K1P 5E7
Telephone: (613) 563-0202
FAX: (613) 563-0445
Party: Canada Trustco Mortgage Company
Counsel
1000 - 130 DUFFERIN ST
PO BOX 816 STN B
LONDON, Ontario
N6A 4Z3
Telephone: (519) 667-4010
Agent
604 - 75 Albert St
Ottawa, Ontario
K1P 5E7
Telephone: (613) 563-0202
FAX: (613) 563-0445
Party: Canadian Imperial Bank of Commerce
Counsel
1000 - 130 DUFFERIN ST
PO BOX 816 STN B
LONDON, Ontario
N6A 4Z3
Telephone: (519) 667-4010
Agent
604 - 75 Albert St
Ottawa, Ontario
K1P 5E7
Telephone: (613) 563-0202
FAX: (613) 563-0445
Party: National Trust Company
Counsel
1000 - 130 DUFFERIN ST
PO BOX 816 STN B
LONDON, Ontario
N6A 4Z3
Telephone: (519) 667-4010
Agent
604 - 75 Albert St
Ottawa, Ontario
K1P 5E7
Telephone: (613) 563-0202
FAX: (613) 563-0445
Party: Toronto-Dominion Bank
Counsel
1000 - 130 DUFFERIN ST
PO BOX 816 STN B
LONDON, Ontario
N6A 4Z3
Telephone: (519) 667-4010
Agent
604 - 75 Albert St
Ottawa, Ontario
K1P 5E7
Telephone: (613) 563-0202
FAX: (613) 563-0445
Party: Theoren, et al, Cynthia Marie
Counsel
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
Ontario Court of Justice (General Division)
13182/92
see file
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
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