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26002

Vernon Frederick Gale, as Administrator De Bonis Non of the Estate of Brian Charles Gale, et al. v. Robin Alexander Hominick, et al.

(Manitoba) (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
1998-01-13 Copy of formal judgment on leave being prepared, all parties
1998-01-08 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Manitoba (Winnipeg)
1997-10-20 Notice of deposit of judgment issued to all parties, D.N. MacIver & Associates (Winnipeg, MN)
1997-10-20 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1997-10-20 Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON)
1997-10-16 Judgment of the Court on the application for leave to appeal, L'HD So Ia, The application for leave to appeal is dismissed.
Dismissed, no order as to costs
1997-08-08 All materials on application for leave submitted to the Judges, L'HD So Ia
1997-06-18 General proceeding, 5 copies of a new page 95 of application for leave Vernon Frederick Gale, as Administrator De Bonis Non of the Estate of Brian Charles Gale
1997-06-18 Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1997-06-18 Vernon Frederick Gale, as Administrator De Bonis Non of the Estate of Brian Charles Gale
1997-06-13 General proceeding, 5 copies of C.A. Order (TO BE DISTRIBUTED) Vernon Frederick Gale, as Administrator De Bonis Non of the Estate of Brian Charles Gale
1997-06-11 Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1997-06-11 Robin Alexander Hominick
1997-06-02 Correspondence received from, sent to K.M. McCollock (Winnipeg, MN) enclosing copy of letter dated June 2/97 sent to applicant
1997-06-02 Correspondence received from, sent to D.N. MacIver & Associates (Winnipeg, MN) to acknowledge receipt of application for leave to appeal
1997-05-21 Correspondence received from, (by fax) from John A. MacIver; re: page 101 and 104 to be changed Vernon Frederick Gale, as Administrator De Bonis Non of the Estate of Brian Charles Gale
1997-05-14 $50.00 filing fee, receipt #34123 Vernon Frederick Gale, as Administrator De Bonis Non of the Estate of Brian Charles Gale
1997-05-14 Application for leave to appeal, 5 copies (missing formal appeal court judgment), with service, Completed on: 1997-06-13 Vernon Frederick Gale, as Administrator De Bonis Non of the Estate of Brian Charles Gale

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
Frederick Gale, as Administrator De Bonis Non of the Estate of Brian Charles Gale, Vernon Applicant Active
Cloutier, Kelly Ann Applicant Active
Cloutier, an infant who sues by his grandmother and nest friend Therese Marie Gale, Tyler Warren Applicant Active
Gale, Gordon Robert Applicant Active
Gale, John Paul Applicant Active
Gale, Vernon Harry Applicant Active
McAree, Marguerite Ruth Applicant Active
Beerman, Theresa Rene Applicant Active

v.

Main parties - Respondents
Name Role Status
Hominick, Robin Alexander Respondent Active
Hominick, Ethel Respondent Active
Lesko, John Respondent Active
Pouliot, Robert Joseph Lewis Respondent Active

Counsel

Party: Frederick Gale, as Administrator De Bonis Non of the Estate of Brian Charles Gale, Vernon

Counsel
John A. MacIver
D.N. MacIver & Associates
1000 - 363 BROADWAY AVE
WINNIPEG, Manitoba
R3C 3N9
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: Cloutier, Kelly Ann

Counsel
John A. MacIver
D.N. MacIver & Associates
1000 - 363 BROADWAY AVE
WINNIPEG, Manitoba
R3C 3N9

Party: Cloutier, an infant who sues by his grandmother and nest friend Therese Marie Gale, Tyler Warren

Counsel
John A. MacIver
D.N. MacIver & Associates
1000 - 363 BROADWAY AVE
WINNIPEG, Manitoba
R3C 3N9

Party: Gale, Gordon Robert

Counsel
John A. MacIver
D.N. MacIver & Associates
1000 - 363 BROADWAY AVE
WINNIPEG, Manitoba
R3C 3N9

Party: Gale, John Paul

Counsel
John A. MacIver
D.N. MacIver & Associates
1000 - 363 BROADWAY AVE
WINNIPEG, Manitoba
R3C 3N9

Party: Gale, Vernon Harry

Counsel
John A. MacIver
D.N. MacIver & Associates
1000 - 363 BROADWAY AVE
WINNIPEG, Manitoba
R3C 3N9

Party: McAree, Marguerite Ruth

Counsel
John A. MacIver
D.N. MacIver & Associates
1000 - 363 BROADWAY AVE
WINNIPEG, Manitoba
R3C 3N9

Party: Beerman, Theresa Rene

Counsel
John A. MacIver
D.N. MacIver & Associates
1000 - 363 BROADWAY AVE
WINNIPEG, Manitoba
R3C 3N9

Party: Hominick, Robin Alexander

Counsel
Joan G. McKelvey
K.M. McCulloch
702 - 234 DONALD ST
WINNIPEG, Manitoba
R3C 4A4
Telephone: (204) 985-7411
FAX: (204) 942-2217
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Hominick, Ethel

Counsel
Joan G. McKelvey
K.M. McCulloch
702 - 234 DONALD ST
WINNIPEG, Manitoba
R3C 4A4
Telephone: (204) 985-7411
FAX: (204) 942-2217
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Lesko, John

Counsel
Joan G. McKelvey
K.M. McCulloch
702 - 234 DONALD ST
WINNIPEG, Manitoba
R3C 4A4
Telephone: (204) 985-7411
FAX: (204) 942-2217
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Pouliot, Robert Joseph Lewis

Counsel
Joan G. McKelvey
K.M. McCulloch
702 - 234 DONALD ST
WINNIPEG, Manitoba
R3C 4A4
Telephone: (204) 985-7411
FAX: (204) 942-2217
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

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

April 10, 1996
Court of Queen’s Bench of Manitoba

CI 93-01-73524

The plaintiff's motion is granted

March 17, 1997
Court of Appeal of Manitoba

AI 96-30-02907

Appeal is allowed and the cross-appeal is 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: 2025-02-27