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25866

Marie Sarah Eurig as Executor of the Estate of Donald Valentine Eurig v. Registrar of the Ontario Court (General Division), 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)
2004-04-20 Appeal closed
2004-04-20 Payment out cheque issued, ($522.62)
2004-04-02 Approved order for payment out, (sent to Finance April 5/04)
2004-04-02 Decision on miscellaneous motion, to reimburse the $500 security deposit - Document not microfilmed but is on file, Reg
Granted
2004-04-02 Submission of miscellaneous motion, Reg
2004-02-13 Notice of miscellaneous motion, reimbursement of $500 deposit - Document not microfilmed but is on file, Completed on: 2004-02-13 Marie Sarah Eurig as Executor of the Estate of Donald Valentine Eurig
1999-01-05 Record returned to the Registrar of the Court of Appeal
1998-10-29 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto, Ontario)
1998-10-29 Copy of formal judgment being prepared, all parties
1998-10-22 Notice of deposit of judgment sent to all parties, all parties
1998-10-22 Judgment on the appeal rendered, CJ L'HD G Co McL Ia Ma Ba Bi, The appeal is allowed with costs and the appellant refunded the $5,710 paid by her, Gonthier and Bastarache JJ. dissenting. (For Constitutional questions see file.)
Allowed, with costs
1998-05-11 General proceeding, transcripts received and distributed to the judges (117 pages)
1998-04-27 Hearing of the appeal, 1998-04-27, CJ L'HD G Co McL Ia Ma Ba Bi
Decision reserved
1998-04-27 General proceeding, 12 copies of Condensed Book of authorities Registrar of the Ontario Court (General Division)
1998-04-27 Order on motion to extend time, to file their factum
1998-04-27 Decision on motion to extend time, to file their factum to Apr. 16/98, Reg
Granted, no order as to costs
1998-04-27 Hearing of motion to extend time, 1998-04-27, to file their factum to Apr. 16/98, Reg
1998-04-27 Submission of motion to extend time, 1998-04-27, to file their factum to Apr. 16/98, Reg
1998-04-24 Notice of appearance, of Peter W. Hogg, Q.C., J Gregory Richards and Peter T. Fallis at the hearing of the appeal Marie Sarah Eurig as Executor of the Estate of Donald Valentine Eurig
1998-04-21 Notice of appearance, (Monique Rousseau) (fax copy) Attorney General of Quebec
1998-04-17 Notice of withdrawal, With service Attorney General of Saskatchewan
1998-04-17 Affidavit, to file the intervener's factum (of Robert Normey) Attorney General of Alberta
1998-04-17 Response to motion to extend time, to file the intervener's A.G. Alberta factum to April 16/98, Completed on: 1998-04-17 Marie Sarah Eurig as Executor of the Estate of Donald Valentine Eurig
1998-04-17 $50.00 filing fee for notice of motion, to extend time receipt #30450 Attorney General of Alberta
1998-04-17 Motion to extend time, to file the intervener's factum to April 16/98, Completed on: 1998-04-17 Attorney General of Alberta
1998-04-16 Book of authorities, 12 copies, with service, Completed on: 1998-04-16 Attorney General of Alberta
1998-04-16 Intervener's factum, 24 copies (extension of time requested), with service, Completed on: 1998-04-16 Attorney General of Alberta
1998-04-14 Order on motion to extend time, to file their factum
1998-04-14 Decision on motion to extend time, to file their factum to Apr. 2/98, Reg
Granted, no order as to costs
1998-04-14 Hearing of motion to extend time, 1998-04-14, to file their factum to Apr. 2/98, Reg
1998-04-14 Submission of motion to extend time, 1998-04-14, to file their factum to Apr. 2/98, Reg
1998-04-09 Response to motion to extend time, to file the intervener's (P.G. Quebec) factum to April 2, 1998 (Burke-Robertson) (fax copy), Completed on: 1998-04-09 Registrar of the Ontario Court (General Division)
1998-04-08 Order on motion to extend time, to file their factum
1998-04-07 $50.00 filing fee for notice of motion, (deducted from A.G.'s account) Attorney General of Quebec
1998-04-07 Affidavit, to file the intervener's factum to April 2, 1998 (Monique Rousseau), with service Attorney General of Quebec
1998-04-07 Motion to extend time, to file the intervener's factum to April 2, 1998, with service, Completed on: 1998-04-07 Attorney General of Quebec
1998-04-06 Notice of hearing, With service Marie Sarah Eurig as Executor of the Estate of Donald Valentine Eurig
1998-04-06 Decision on motion to extend time, to file their factum to Apr. 3/98, Reg
Granted, no order as to costs
1998-04-06 Hearing of motion to extend time, 1998-04-06, to file their factum to Apr. 3/98, Reg
1998-04-06 Submission of motion to extend time, 1998-04-06, to file their factum to Apr. 3/98, Reg
1998-04-03 Book of authorities, 11 copies, with service, Completed on: 1998-04-03 Attorney General of British Columbia
1998-04-03 Intervener's factum, 24 copies (extension of time requested), with service, Completed on: 1998-04-03 Attorney General of British Columbia
1998-04-03 $50.00 filing fee for notice of motion, receipt #26492 Attorney General of British Columbia
1998-04-03 Response to motion to extend time, to file the A.G.B.C.`s factum to Apr. 3\98 (joint with the respondent's consent), Completed on: 1998-04-03 Marie Sarah Eurig as Executor of the Estate of Donald Valentine Eurig
1998-04-03 Affidavit, to file the factum to Apr 3\98; George H. Copley, with service Attorney General of British Columbia
1998-04-03 Motion to extend time, to file the factum to Apr. 3\98, with service, Completed on: 1998-04-03 Attorney General of British Columbia
1998-04-03 Proof of service, of factum and authorities (admitted on Apr. 2\98)
1998-04-02 Book of authorities, 12 copies, Completed on: 1998-04-02 Attorney General of Quebec
1998-04-02 Intervener's factum, 24 copies (extension of time requested - S. Roussel), Completed on: 1998-04-02 Attorney General of Quebec
1998-03-25 Appeal hearing scheduled, 1998-04-27
Decision reserved
1998-02-16 Appeal perfected for hearing, Session beginning on 1998-04-27
1998-02-12 Book of authorities, 10 copies of vol. I to IV, with service, Completed on: 1998-02-12 Registrar of the Ontario Court (General Division)
1998-02-12 Respondent's factum, 24 copies, with service, Completed on: 1998-02-12 Registrar of the Ontario Court (General Division)
1998-01-26 Proof of service, of book of authorities, vols. 1 and 2 (admitted on Jan. 22\98)
1998-01-26 Book of authorities, 10 copies of vol. 1 and 2, Completed on: 1998-01-26 Marie Sarah Eurig as Executor of the Estate of Donald Valentine Eurig
1998-01-05 Notice of intervention respecting a constitutional question, With service Attorney General of Saskatchewan
1997-12-23 Appellant's factum, 24 copies, with service, Completed on: 1997-12-23 Marie Sarah Eurig as Executor of the Estate of Donald Valentine Eurig
1997-12-22 Notice of intervention respecting a constitutional question Attorney General of Quebec
1997-12-19 Notice of intervention respecting a constitutional question, (1 copy), with service Attorney General of Alberta
1997-12-19 Appeal court record, (1 enveloppe)
1997-12-17 Appeal court record, (1 enveloppe)
1997-12-12 Certified casebook Marie Sarah Eurig as Executor of the Estate of Donald Valentine Eurig
1997-12-12 Notice of intervention respecting a constitutional question Attorney General of British Columbia
1997-12-05 Case on appeal, 23 copies Marie Sarah Eurig as Executor of the Estate of Donald Valentine Eurig
1997-12-02 Notice of constitutional question(s) Marie Sarah Eurig as Executor of the Estate of Donald Valentine Eurig
1997-11-28 Order on motion to state a constitutional question
1997-11-27 Decision on the motion to state a constitutional question, (for questions see file). Notices of intention to intervene are to be filed no later than Jan. 5/98, CJ
Granted, no order as to costs
1997-11-27 Hearing of the motion to state a constitutional question, 1997-11-27, (for questions see file). Notices of intention to intervene are to be filed no later than Jan. 5/98, CJ
1997-11-27 Submission of motion to state a constitutional question, 1997-11-27, (for questions see file). Notices of intention to intervene are to be filed no later than Jan. 5/98, CJ
1997-11-25 Response to the motion to state a constitutional question, (consent to the proposed constitutional questions) (D. T. Bell) (fax copy), Completed on: 1997-11-25 Registrar of the Ontario Court (General Division)
1997-10-22 $50.00 filing fee for notice of motion, receipt #34975 Marie Sarah Eurig as Executor of the Estate of Donald Valentine Eurig
1997-10-22 Motion to state a constitutional question, 3 copies (book form), with service, Completed on: 1997-10-22 Marie Sarah Eurig as Executor of the Estate of Donald Valentine Eurig
1997-08-28 Notice of deposit of security, direction #2424, with service
1997-08-28 Correspondence (sent by the Court) to, sent to A.G. for Ontario (Toronto, ON) enclosing copy of Rule 32
1997-08-28 Correspondence (sent by the Court) to, sent to Fallis, Fallis & McMillan (Durham, ON) enclosing copy of Rule 32
1997-08-26 $500 security deposit paid, receipt #2424 Marie Sarah Eurig as Executor of the Estate of Donald Valentine Eurig
1997-08-26 Notice of appeal, Completed on: 1997-08-26 Marie Sarah Eurig as Executor of the Estate of Donald Valentine Eurig
1997-07-04 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1997-07-04 Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON)
1997-07-03 Judgment of the Court on the application for leave to appeal, L'HD So Ia, The application for leave to appeal is granted.
Granted, no order as to costs
1997-06-13 All materials on application for leave submitted to the Judges, L'HD So Ia
1997-04-07 Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1997-04-07 Marie Sarah Eurig as Executor of the Estate of Donald Valentine Eurig
1997-04-01 Respondent's response on the application for leave to appeal, 5 copies (joint with respondent, A. G. Ontario), with service, Completed on: 1997-04-01 Registrar of the Ontario Court (General Division)
1997-03-21 Correspondence received from, sent to Burke-Robertson enclosing copy of the letter dated March 21/97 sent to the Applicant
1997-03-21 Correspondence received from, sent to Gowling, Strathy & Henderson to acknowledge receipt of application for leave to appeal
1997-03-05 $50.00 filing fee, receipt no. 33672 Marie Sarah Eurig as Executor of the Estate of Donald Valentine Eurig
1997-03-05 Application for leave to appeal, 5 copies (service missing, service admitted on March 4, 1997 to A.G. Canada only, not a party) (as service received on A. G. Ontario, service admitted on March 4, 1997), with service, Completed on: 1997-03-05 Marie Sarah Eurig as Executor of the Estate of Donald Valentine Eurig

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
Eurig as Executor of the Estate of Donald Valentine Eurig, Marie Sarah Applicant Active

v.

Main parties - Respondents
Name Role Status
Registrar of the Ontario Court (General Division) Respondent Active
Attorney General for Ontario Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of British Columbia Intervener Active
Attorney General of Alberta Intervener Active
Attorney General of Quebec Intervener Active

Counsel

Party: Eurig as Executor of the Estate of Donald Valentine Eurig, Marie Sarah

Counsel
Peter W. Hogg
Fallis, Fallis & McMillan
194 LAMBTON ST E
PO BOX 710
DURHAM, Ontario
N0G 1R0
Telephone: (519) 369-2515
FAX: (519) 369-2522
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Registrar of the Ontario Court (General Division)

Counsel
Tanya Lee
Attorney General of Ontario
720 BAY ST
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2220
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General for Ontario

Counsel
Tanya Lee
Attorney General of Ontario
720 BAY ST
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2220
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General of British Columbia

Counsel
George H. Copley, Q.C.
Attorney General of British Columbia
6th Floor, 1001 Douglas Street
Victoria, British Columbia
V8X 1X4
Telephone: (250) 356-8875
FAX: (250) 356-9154
Email: george.copley@gems4.gov.bc.ca
Agent
V. Jennifer Mackinnon
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General of Alberta

Counsel
Robert J. Normey
Attorney General of Alberta
4th Floor, Bowker Building
9833 - 109th Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-9532
FAX: (780) 425-0307
Email: robert.normey@gov.ab.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Attorney General of Quebec

Counsel
Monique Rousseau
Procureur général du Québec
1200, route de l'Église
2e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 646-1696
Agent
Sylvie Roussel
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com

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

October 14, 1994
Ontario Court of Justice (General Division)

6569/94

Application dismissed

January 16, 1997
Court of Appeal for Ontario

C20059

Appeal dismissed

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

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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

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Webcasts

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Date modified: 2025-05-13