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Case information

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25883

James Hill, et al. v. Darla Smallwood, 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)
1997-08-14 Close file on Leave
1997-07-31 Copy of formal judgment on leave being prepared, sent to Gowling, Strathy & Henderson (Ottawa, ON)
1997-07-31 Copy of formal judgment on leave being prepared, sent to Enfield, Adair, Wood & McEwen (Toronto, ON)
1997-07-30 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Ontario (Toronto)
1997-06-27 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson
1997-06-27 Notice of deposit of judgment issued to all parties, Enfield, Adair, Wood & McEwen
1997-06-26 Judgment of the Court on the application for leave to appeal, L'HD So Ia, The application for leave to appeal is dismissed with costs.
Dismissed, with costs
1997-06-06 All materials on application for leave submitted to the Judges, L'HD So Ia
1997-04-17 Correspondence received from, from H. Nickel of Enfield, Adair, letter dated April 9, 1997 re: enclosing formal orders of C.A. and adresses of the Respondents (formal orders have been inserted in leave book) James Hill
1997-04-04 Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1997-04-04 Darla Smallwood
1997-03-27 Correspondence received from, sent to McCague, Wires, Peacock, Borlack (Toronto, ON) enclosing copy of the letter dated March 27/97 sent to the Applicant
1997-03-27 Correspondence received from, sent to Enfield, Adair, Wood & McEwen (Toronto, ON) to acknowledge receipt of application for leave to appeal
1997-03-10 $50.00 filing fee, receipt no. 33706 James Hill
1997-03-10 Application for leave to appeal, 5 copies (formal order of C.A. and name and address of the counsel of the Respondents requested (service admitted on March 10, 1997), with service, Completed on: 1997-04-17 James Hill

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
Hill, James Applicant Active
Hill, Judy Applicant Active
Mattin, Pauline Applicant Active

v.

Main parties - Respondents
Name Role Status
Smallwood, Darla Respondent Active
Smallwood, Michael Respondent Active
Trel Smallwood and Trevor Smallwood by their Litigation Guardian Michael Smallwood Respondent Active

Counsel

Party: Hill, James

Counsel
Holly J. Nickel
Enfield, Hemmerick, Adair & Wood
810 - 1 Queen St East
Toronto, Ontario
M5C 2W5
Telephone: (416) 863-1230
FAX: (416) 863-1241

Party: Hill, Judy

Counsel
Holly J. Nickel
Enfield, Hemmerick, Adair & Wood
810 - 1 Queen St East
Toronto, Ontario
M5C 2W5
Telephone: (416) 863-1230
FAX: (416) 863-1241

Party: Mattin, Pauline

Counsel
Holly J. Nickel
Enfield, Hemmerick, Adair & Wood
810 - 1 Queen St East
Toronto, Ontario
M5C 2W5
Telephone: (416) 863-1230
FAX: (416) 863-1241

Party: Smallwood, Darla

Counsel
Howard B. Borlack
McCague, Wires, Peacock, Borlack, McInnis & Lloyd
2700 - 2 FIRST CANADIAN PLACE
BOX 136
TORONTO, Ontario
M5X 1C7
Telephone: (416) 860-0001
FAX: (416) 860-0003
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Smallwood, Michael

Counsel
Howard B. Borlack
McCague, Wires, Peacock, Borlack, McInnis & Lloyd
2700 - 2 FIRST CANADIAN PLACE
BOX 136
TORONTO, Ontario
M5X 1C7
Telephone: (416) 860-0001
FAX: (416) 860-0003
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Trel Smallwood and Trevor Smallwood by their Litigation Guardian Michael Smallwood

Counsel
Howard B. Borlack
McCague, Wires, Peacock, Borlack, McInnis & Lloyd
2700 - 2 FIRST CANADIAN PLACE
BOX 136
TORONTO, Ontario
M5X 1C7
Telephone: (416) 860-0001
FAX: (416) 860-0003
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

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

March 4, 1996
Ontario Court of Justice (General Division)

95-CU-60233

Motion dismissed with costs

January 8, 1997
Court of Appeal for Ontario

C24305 & C24306

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

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