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25864

John R. Hetherington, by his litigation guardian, Robert John Hetherington, et al. v. Estate of Frances McDonic by her Executrixes Jane Cooper Coon, Martha Cooper Carr, 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)
1998-06-10 Close file on Leave
1997-09-18 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Ontario (Toronto)
1997-09-18 Copy of formal judgment on leave being prepared, Nelligan, Power (Ottawa, ON)
1997-09-18 Copy of formal judgment on leave being prepared, Stikeman and Elliott (Ottawa, ON)
1997-09-12 Notice of deposit of judgment issued to all parties, Nelligan, Power (Ottawa, ON)
1997-09-12 Notice of deposit of judgment issued to all parties, Stikeman and Elliott (Ottawa, ON)
1997-09-11 Judgment of the Court on the application for leave to appeal, LaF G Ma, The application for leave to appeal is dismissed with costs.
Dismissed, with costs
1997-05-30 All materials on application for leave submitted to the Judges, LaF G Ma
1997-03-26 Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1997-03-26 Estate of Frances McDonic by her Executrixes Jane Cooper Coon, Martha Cooper Carr
1997-03-21 Correspondence received from, sent to Stortini Lee-Whiting (Toronto, ON) enclosing copy of the letter dated March 21/97 sent to the Applicant
1997-03-21 Correspondence received from, sent to Stikeman and Elliott to acknowledge receipt of material commencing a proceeding together with filing fee
1997-03-07 $50.00 filing fee, receipt no. 33692 John R. Hetherington, by his litigation guardian, Robert John Hetherington
1997-03-07 Application for leave to appeal, 5 copies (service admitted on March 6, 1997), with service, Completed on: 1997-03-07 John R. Hetherington, by his litigation guardian, Robert John Hetherington

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
Hetherington, by his litigation guardian, Robert John Hetherington, John R. Applicant Active
Park, Ado Applicant Active
Carriere, Joseph H.S. Applicant Active
Watt, Robert C. Applicant Active
Fallis, Executrix of the Estate ofGeorge A. Fallis, deceased, Catherine Agnes Applicant Active

v.

Main parties - Respondents
Name Role Status
Estate of Frances McDonic by her Executrixes Jane Cooper Coon, Martha Cooper Carr Respondent Active
Estate of Norah Janetta Cooper by her Executrixes Jane Cooper Coon and Martha Cooper Carr Respondent Active

Counsel

Party: Hetherington, by his litigation guardian, Robert John Hetherington, John R.

Counsel
Charles C. Mark, Q.C.
2010 - 401 BAY ST
PO BOX 28
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 869-0929
FAX: (416) 361-1776
Agent
Mirko Bibic
Stikeman, Elliott
914 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 234-4555
FAX: (613) 230-8877

Party: Park, Ado

Counsel
Charles C. Mark, Q.C.
2010 - 401 BAY ST
PO BOX 28
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 869-0929
FAX: (416) 361-1776
Agent
Mirko Bibic
Stikeman, Elliott
914 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 234-4555
FAX: (613) 230-8877

Party: Carriere, Joseph H.S.

Counsel
Charles C. Mark, Q.C.
2010 - 401 BAY ST
PO BOX 28
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 869-0929
FAX: (416) 361-1776
Agent
Mirko Bibic
Stikeman, Elliott
914 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 234-4555
FAX: (613) 230-8877

Party: Watt, Robert C.

Counsel
Charles C. Mark, Q.C.
2010 - 401 BAY ST
PO BOX 28
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 869-0929
FAX: (416) 361-1776
Agent
Mirko Bibic
Stikeman, Elliott
914 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 234-4555
FAX: (613) 230-8877

Party: Fallis, Executrix of the Estate ofGeorge A. Fallis, deceased, Catherine Agnes

Counsel
Charles C. Mark, Q.C.
2010 - 401 BAY ST
PO BOX 28
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 869-0929
FAX: (416) 361-1776
Agent
Mirko Bibic
Stikeman, Elliott
914 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 234-4555
FAX: (613) 230-8877

Party: Estate of Frances McDonic by her Executrixes Jane Cooper Coon, Martha Cooper Carr

Counsel
Keith Lee-Whiting
Stortini Lee-Whiting
1907 - 80 RICHMOND ST W
TORONTO, Ontario
M5H 2C6
Telephone: (416) 368-1091
FAX: (416) 368-7234
Agent
Denis J. Power, Q.C.
Nelligan Power
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Estate of Norah Janetta Cooper by her Executrixes Jane Cooper Coon and Martha Cooper Carr

Counsel
Keith Lee-Whiting
Stortini Lee-Whiting
1907 - 80 RICHMOND ST W
TORONTO, Ontario
M5H 2C6
Telephone: (416) 368-1091
FAX: (416) 368-7234
Agent
Denis J. Power, Q.C.
Nelligan Power
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

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

July 31, 1995
Ontario Court of Justice (General Division)

93-CU-72151

see file

January 10, 1997
Court of Appeal for Ontario

C22634

appeal allowed; judgment entered against all applicants

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