Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
26041
Randal Craig Jacobi, et al. v. Boys' and Girls' Club of Vernon
(British Columbia) (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) |
|---|---|---|
| 1999-09-01 | Record returned to the Registrar of the Court of Appeal | |
| 1999-06-28 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 1999-06-28 | Copy of formal judgment being prepared | |
| 1999-06-18 | Notice of deposit of judgment sent to all parties | |
| 1999-06-17 |
Judgment on the appeal rendered, L'HD G McL Ia Ma Ba Bi, The appeal is dismissed and the matter is sent back to trial for a determination as to whether the Club is liable under a fault-based cause of action, whether it be negligence or other breach of duty, on the whole of the evidence, L'Heureux-Dubé, McLachlin and Bastarache JJ. dissenting. Dismissed, no order as to costs |
|
| 1998-12-04 | Trial court record, (Trial Transcript) 1 small box | |
| 1998-10-21 | General proceeding, transcripts received and distributed to the judges (53 pages) | |
| 1998-10-06 |
Hearing of the appeal, 1998-10-06, L'HD G McL Ia Ma Ba Bi Decision reserved |
|
| 1998-10-05 | General proceeding, 12 copies of Book of Excerpts | Gail Taylor-Jacobi |
| 1998-10-02 | Notice of appearance, of Christopher R. Penty at the hearing of the appe al | Gail Taylor-Jacobi |
| 1998-09-29 | Notice of appearance, (Christopher R. Penty) | Gail Taylor-Jacobi |
| 1998-09-24 | Notice of appearance, of Gordon G. Hilliker and Julie D. Fisher at the hearing | Boys' and Girls' Club of Vernon |
| 1998-09-22 | Notice of withdrawal, (joint with McNab and Pelletier), with service | Barrie Caldwell |
| 1998-09-21 | Proof of service, of the intervener factum | |
| 1998-09-17 | General proceeding, 24 copies of a case W.R.B. v. Plint (unedited) | Gail Taylor-Jacobi |
| 1998-09-16 | Book of authorities, vol. I to III (joint with 26013), with service, Completed on: 1998-09-16 | Wunnumin Lake First Nation |
| 1998-09-16 | Intervener's factum, (extension of time requested)(joint with 26013), with service, Completed on: 1998-09-16 | Wunnumin Lake First Nation |
| 1998-09-03 |
Appeal hearing scheduled, 1998-10-06 Decision reserved |
|
| 1998-08-26 |
Decision on motion to extend time, McL Granted, no order as to costs |
|
| 1998-08-26 | Submission of motion to extend time, Completed on: 1998-08-26, McL | |
| 1998-08-26 | Order on motion for leave to intervene, by Barrie Caldwell, Samuel McNab and Glen Pelletier. For McLachlin J.'s Order see file | |
| 1998-08-26 |
Decision on the motion for leave to intervene, McL, by Barrie Caldwell, Samuel McNab and Glen Pelletier. 1. The application for intervention is granted, the applicants shall be entitled to serve and file a factum not to exceed 20 pages in length and to present oral argument not to exceed 15 minutes in each appeal; 2. The interveners shall serve and file their factums no later than Sept. 18/98 Granted, no order as to costs |
|
| 1998-08-26 | Hearing of motion for leave to intervene, 1998-08-26, McL | |
| 1998-08-26 | Submission of motion for leave to intervene, 1998-08-26, McL | |
| 1998-08-18 | Motion to extend time, to file the motion to intervene (joint) - book form, with service, Completed on: 1998-08-18 | Barrie Caldwell |
| 1998-08-18 | Affidavit, of Jeffrey Scott (book form) (joint with I04, I05), with service | Barrie Caldwell |
| 1998-08-18 | Motion for leave to intervene, 5 copies (book form) (joint with I04, I05), with service, Completed on: 1998-08-18 | Barrie Caldwell |
| 1998-07-10 | Correspondence (sent by the Court) to, dated July 7, 1998 from Gordon H. Hilliker re: change of address for delivery | |
| 1998-06-24 |
Decision on motion to extend time, McL Granted, no order as to costs |
|
| 1998-06-24 | Submission of motion to extend time, McL | |
| 1998-06-24 | Order on motion for leave to intervene, for McLachlin J.'s Order see file | |
| 1998-06-24 |
Decision on the motion for leave to intervene, factum is not to exceed 20 pages in length and oral argument not to exceed 15 minutes, McL Granted, no order as to costs |
|
| 1998-06-24 | Hearing of motion for leave to intervene, 1998-06-24, factum is not to exceed 20 pages in length and oral argument not to exceed 15 minutes, McL | |
| 1998-06-24 | Submission of motion for leave to intervene, 1998-06-24, factum is not to exceed 20 pages in length and oral argument not to exceed 15 minutes, McL | |
| 1998-06-11 | Correspondence (sent by the Court) to, from C.R. Penty with enclosed essay | |
| 1998-06-10 | General proceeding, 5 copies of Response to the motion to intervene by Wunnumin Lake First Nation | Boys' and Girls' Club of Vernon |
| 1998-06-05 | Book of authorities, 12 copies of vol. I & II (joint with 26013), with service, Completed on: 1998-06-05 | Canadian Conference of Catholic Bishops |
| 1998-06-05 | Response to the motion for leave to intervene, by Wunnumin Lake First Nation (Christopher Penty) (fax copy), Completed on: 1998-06-05 | Gail Taylor-Jacobi |
| 1998-06-03 | Motion to extend time, to file the motion to intervene (joint), with service, Completed on: 1998-06-03 | Wunnumin Lake First Nation |
| 1998-06-03 | Affidavit, of E. McKay - book form, with service | Wunnumin Lake First Nation |
| 1998-06-03 | $50.00 filing fee for notice of motion, receipt no. 30713 | Wunnumin Lake First Nation |
| 1998-06-03 | Motion for leave to intervene, (joint with motion to extend the time) - 5 copies - book form, with service, Completed on: 1998-06-03 | Wunnumin Lake First Nation |
| 1998-06-02 | Intervener's factum, 24 copies (joint with 26013), with service, Completed on: 1998-06-02 | Canadian Conference of Catholic Bishops |
| 1998-05-26 | Proof of service, of the respondent's factum, record and authorities (letter form) | |
| 1998-05-07 | Proof of service, of the respondent's factum, record and authorities | |
| 1998-05-01 | Appeal perfected for hearing, Session beginning on 1998-10-05 | |
| 1998-05-01 | Book of authorities, 12 copies, Completed on: 1998-05-01 | Boys' and Girls' Club of Vernon |
| 1998-04-30 | Respondent's record, 24 copies, Completed on: 1998-04-30 | Boys' and Girls' Club of Vernon |
| 1998-04-30 | Respondent's factum, 24 copies, Completed on: 1998-04-30 | Boys' and Girls' Club of Vernon |
| 1998-03-30 |
Decision on miscellaneous motion, to accept appellants' record notwithstanding the absence of marginal numbering, Reg Granted, no order as to costs |
|
| 1998-03-30 | Hearing of miscellaneous motion, 1998-03-30, to accept appellants' record notwithstanding the absence of marginal numbering, Reg | |
| 1998-03-30 | Submission of miscellaneous motion, 1998-03-30, to accept appellants' record notwithstanding the absence of marginal numbering, Reg | |
| 1998-03-30 | Proof of service, of the motion to accept the appellant's record (fax copy) | |
| 1998-03-24 | $50.00 filing fee for notice of motion, receipt #30313 | Gail Taylor-Jacobi |
| 1998-03-20 | Affidavit, to accept the record as filed; 5 copies; Christopher R. Penty, with service | Gail Taylor-Jacobi |
| 1998-03-20 | Notice of miscellaneous motion, to accept the record as filed (no marginal line numbering); 5 copies, with service, Completed on: 1998-03-20 | Gail Taylor-Jacobi |
| 1998-03-06 | Book of authorities, 12 copies, with service, Completed on: 1998-03-06 | Gail Taylor-Jacobi |
| 1998-03-06 | Appellant's factum, 24 copies, with service, Completed on: 1998-03-06 | Gail Taylor-Jacobi |
| 1998-03-06 | Appellant's record, 24 copies (motion to accept in its present form requested), with service, Completed on: 1998-03-06 | Gail Taylor-Jacobi |
| 1998-03-04 | Proof of service, of the order dated Feb. 26, 1998 | |
| 1998-03-02 | Order on motion for leave to intervene | |
| 1998-02-26 |
Decision on the motion for leave to intervene, The applicant shall be entitled to serve and file a factum not to exceed 25 pages in length and to present oral argument not to exceed 15 minutes, McL Granted, no order as to costs |
|
| 1998-02-26 | Hearing of motion for leave to intervene, 1998-02-26, The applicant shall be entitled to serve and file a factum not to exceed 25 pages in length and to present oral argument not to exceed 15 minutes, McL | |
| 1998-02-26 | Submission of motion for leave to intervene, 1998-02-26, The applicant shall be entitled to serve and file a factum not to exceed 25 pages in length and to present oral argument not to exceed 15 minutes, McL | |
| 1998-02-26 |
Decision on motion to extend time, for leave to intervene, McL Granted, no order as to costs |
|
| 1998-02-26 | Hearing of motion to extend time, 1998-02-26, for leave to intervene, McL | |
| 1998-02-26 | Submission of motion to extend time, 1998-02-26, for leave to intervene, McL | |
| 1998-02-24 | Correspondence (sent by the Court) to, from Watson, Goepel, letter dated Feb. 17, 1998 re: whether it is the intention of the Court to hear this appeal with Bazley v. Children's Foundation (file no. 26013) | |
| 1998-02-24 | Correspondence (sent by the Court) to, from Watson, Goepel, letter dated Feb. 17, 1998 re: will not be opposing the application to intervene by Can. Conference of Catholic | |
| 1998-02-23 | General proceeding, 5 copies of the reply to the appellant's response, with service | Canadian Conference of Catholic Bishops |
| 1998-02-20 | Correspondence (sent by the Court) to, (by fax) from C.R. Penty; re: position on the intervention by Canadian Conference of Catholic Bishops | |
| 1998-02-17 | $500 security deposit paid, receipt no. 2438 | Gail Taylor-Jacobi |
| 1998-02-16 | Correspondence (sent by the Court) to, dated Feb. 5/98 from David M. Renwick re: does NOT intend to participate in this appeal | |
| 1998-02-13 | Proof of service, of the motion to intervene by Can. Conference to the defendant, H. C. Griffiths | |
| 1998-01-30 | $50.00 filing fee for notice of motion, receipt no. 30013 | Canadian Conference of Catholic Bishops |
| 1998-01-30 | Affidavit, of Jirina Bulger (5 copies - book form), with service | Canadian Conference of Catholic Bishops |
| 1998-01-30 | Motion for leave to intervene, 5 copies (joint with motion to extend the time) - book form, with service, Completed on: 1998-01-30 | Canadian Conference of Catholic Bishops |
| 1998-01-30 | Motion to extend time, to file the motion to intervene (joint with motion to intervene) - 5 copies - book form, with service, Completed on: 1998-01-30 | Canadian Conference of Catholic Bishops |
| 1997-11-13 | Correspondence (sent by the Court) to, sent to Baker, Newby & Company (Abbotsford, BC) enclosing copy of Rule 32 | |
| 1997-11-13 | Correspondence (sent by the Court) to, sent to Watson Goepel Maledy (Vancouver, BC) enclosing copy of Rule 32 | |
| 1997-11-13 | Correspondence (sent by the Court) to, sent to Levin, Kendall, Penty & Company (Kelowna, BC) enclosing copy of Rule 32 | |
| 1997-11-07 | Notice of appeal, Completed on: 1997-11-07 | Gail Taylor-Jacobi |
| 1997-10-20 | Notice of deposit of judgment issued to all parties, Baker, Newby & Company (Abbotsford, BC) | |
| 1997-10-20 | Notice of deposit of judgment issued to all parties, Watson Goepel Maledy (Vancouver, BC) | |
| 1997-10-20 | Notice of deposit of judgment issued to all parties, Lang, Michener (Ottawa, ON) | |
| 1997-10-16 |
Decision on motion to extend time to file and /or serve the leave application, L'HD So Ia, FICTITIOUS Granted, no order as to costs |
|
| 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 granted. Granted, no order as to costs |
|
| 1997-08-15 | Submission of motion to extend time to file and/ or serve the leave application, L'HD So Ia | |
| 1997-08-15 | All materials on application for leave submitted to the Judges, L'HD So Ia | |
| 1997-08-13 | Correspondence received from, dated August 5/97 from Gordon G. Hilliker to advise the Court that he's joining the firm of Watson Goepel Maledy | Boys' and Girls' Club of Vernon |
| 1997-07-29 | Proof of service, of the applicant's reply | |
| 1997-07-14 | Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1997-07-14 | Gail Taylor-Jacobi |
| 1997-07-04 | Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1997-07-04 | Boys' and Girls' Club of Vernon |
| 1997-06-13 | Correspondence received from, sent to Baker, Newby & Company (Abbotsford, BC) to acknowledge a copy of the letter dated June 13, 1997 sent to the Apllicant | |
| 1997-06-13 | Correspondence received from, sent to Hilliker Grady (Vancouver, BC) to acknowledge a copy of the letter date June 13, 1997 sent to the Applicant | |
| 1997-06-13 | Correspondence received from, sent to Lang, Michener (Ottawa, ON) to acknowledge receipt of application for leave to appeal | |
| 1997-06-03 | Response to the motion to extend the time to file and / or serve the leave application, (letterform from Gordon G. Hilliker) (TO BE SENT WITH THE LEAVE APPLICATION), Completed on: 1997-06-03 | Boys' and Girls' Club of Vernon |
| 1997-05-27 | $50.00 filing fee for a notice of motion, receipt #34200 | Gail Taylor-Jacobi |
| 1997-05-27 | Affidavit, 5 copies; Eugene Meehan (TO BE SENT WITH THE LEAVE APPLICATION), with service | Gail Taylor-Jacobi |
| 1997-05-27 | Motion to extend the time to file and or serve the application for leave to appeal, 5 copies (TO BE SENT WITH THE LEAVE APPLICATION), with service, Completed on: 1997-05-27 | Gail Taylor-Jacobi |
| 1997-05-27 | $50.00 filing fee, receipt #34199 | Gail Taylor-Jacobi |
| 1997-05-27 | Application for leave to appeal, 5 copies (missing C.A. Order), with service, Completed on: 1997-08-15 | Gail Taylor-Jacobi |
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 |
|---|---|---|
| Jacobi, Randal Craig | Applicant | Active |
| Saur, Jody Marlane | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Boys' and Girls' Club of Vernon | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Conference of Catholic Bishops | Intervener | Active |
| Wunnumin Lake First Nation | Intervener | Active |
Counsel
Party: Jacobi, Randal Craig
Counsel
Christopher R. Penty
Levin, Kendall, Penty & Company
147 Park Rd
PO Box 2130 Stn Rutland
Kelowna, British Columbia
V1X 4K5
Telephone: (250) 765-9733
FAX: (250) 765-7773
147 Park Rd
PO Box 2130 Stn Rutland
Kelowna, British Columbia
V1X 4K5
Telephone: (250) 765-9733
FAX: (250) 765-7773
Agent
Eugene Meehan, Q.C.
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: Saur, Jody Marlane
Counsel
Christopher R. Penty
Levin, Kendall, Penty & Company
147 Park Rd
PO Box 2130 Stn Rutland
Kelowna, British Columbia
V1X 4K5
Telephone: (250) 765-9733
FAX: (250) 765-7773
147 Park Rd
PO Box 2130 Stn Rutland
Kelowna, British Columbia
V1X 4K5
Telephone: (250) 765-9733
FAX: (250) 765-7773
Agent
Eugene Meehan, Q.C.
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: Boys' and Girls' Club of Vernon
Counsel
Gordon H. Hilliker
Watson Goepel Maledy
1700 - 1075 Georgia St West
Vancouver, British Columbia
V6E 3C9
Telephone: (604) 688-1301
1700 - 1075 Georgia St West
Vancouver, British Columbia
V6E 3C9
Telephone: (604) 688-1301
Agent
Dougald E. Brown
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Party: Canadian Conference of Catholic Bishops
Counsel
W.J. Sammon
Barnes, Sammon, Naftel
400 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 594-8000
FAX: (613) 235-7578
400 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 594-8000
FAX: (613) 235-7578
Party: Wunnumin Lake First Nation
Counsel
Susan M. Vella
Goodman & Carr
2300 - 200 King St. W.
Toronto, Ontario
M5H 3W5
Telephone: (416) 595-2434
FAX: (416) 595-0567
Email: SVELLA@GOODMANCARR.COM
2300 - 200 King St. W.
Toronto, Ontario
M5H 3W5
Telephone: (416) 595-2434
FAX: (416) 595-0567
Email: SVELLA@GOODMANCARR.COM
Agent
Kenneth S. Purchase
Lang, Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
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 25, 1995
Supreme Court of British Columbia
24139
Supreme Court of British Columbia
24139
see file
March 25, 1997
Court of Appeal for British Columbia (Vancouver)
CA021106
Court of Appeal for British Columbia (Vancouver)
CA021106
Appeal allowed; judgment set aside
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
Related links
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
Related links
Date modified: 2025-05-13