Case information
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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.
| 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
| Name | Role | Status |
|---|---|---|
| Eurig as Executor of the Estate of Donald Valentine Eurig, Marie Sarah | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Registrar of the Ontario Court (General Division) | Respondent | Active |
| Attorney General for Ontario | Respondent | Active |
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
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
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
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
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
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
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
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
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
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
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
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
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
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
October 14, 1994
Ontario Court of Justice (General Division)
6569/94
Ontario Court of Justice (General Division)
6569/94
Application dismissed
January 16, 1997
Court of Appeal for Ontario
C20059
Court of Appeal for Ontario
C20059
Appeal dismissed
Memorandums of argument on application for leave to appeal
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Factums on appeal
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Date modified: 2025-05-13