Case information
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26058
Ernest B. Beno v. Gilles Létourneau, Commissioner and Chairperson, et al.
(Federal) (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) |
|---|---|---|
| 1998-06-10 | Close file on Leave | |
| 1997-11-28 | Copy of formal judgment on leave being prepared, all parties | |
| 1997-11-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, F.C.A. (Ottawa, Ontario) | |
| 1997-10-02 |
Judgment of the Court on the application for leave to appeal, So Co McL, The application for leave to appeal is dismissed without costs. Dismissed, without costs |
|
| 1997-10-02 | Notice of deposit of judgment issued to all parties, Noël, Berthiaume (Hull, QC) | |
| 1997-10-02 | Notice of deposit of judgment issued to all parties, Scott & Aylen (Ottawa, ON) | |
| 1997-09-12 | All materials on application for leave submitted to the Judges, So Co McL | |
| 1997-09-09 |
Decision on motion to adduce new evidence, Co, The fresh evidence which the respondent seeks to adduce does not seem to meet the requirement that if it were admitted it would be practically conclusive. Rather, it is composed of hearsay and layers of hearsay. I would therefore dismiss the application. However, I should add that if it were admitted fairness would require that the application be adjourned pending the cross- examination at least of the deponent Me Roussel. In the circumstances it is not necessary to deal with the cross-motion to adjourn pending cross- examination Dismissed, no order as to costs |
|
| 1997-09-09 | Hearing of the motion to adduce new evidence, 1997-09-09, Co | |
| 1997-09-09 | Submission of motion to adduce new evidence, 1997-09-09, Co | |
| 1997-09-04 | General proceeding, 5 copies of Reply of the applicant to the respondent's response, with service | Ernest B. Beno |
| 1997-08-26 | General proceeding, 5 copies of Response to the cross-motion of the applicant, with service | Gilles Létourneau, Commissioner and Chairperson |
| 1997-08-22 | Proof of service, of reply (admitted on Aug. 18\97) | |
| 1997-08-21 | Correspondence received from, (by fax) dated August 21/97 from Langlois Gaudreau re: will NOT file a reply to the Motion to file new evidence | Gilles Létourneau, Commissioner and Chairperson |
| 1997-08-21 | Proof of service, of notice of cross-motion (miscellaneous motion) admitted on August 20/97 | |
| 1997-08-19 | Affidavit, for cross-examination et al (of Lawrence A. Elliot) | Ernest B. Beno |
| 1997-08-19 | $50.00 filing fee for a notice of motion, for cross-examination receipt #34601 | Ernest B. Beno |
| 1997-08-19 | Notice of miscellaneous motion, for an order: for the cross-examination of Sylvie Roussel et al; adjourning the motion of the respondent dated August 6/97; granting permission to file new evidence (vol. IV of the Report) 5 copies (bookform), Completed on: 1997-08-19 | Ernest B. Beno |
| 1997-08-18 | General proceeding, 5 copies in response to the motion for new evidence (book form) | Ernest B. Beno |
| 1997-08-18 | Applicant's reply to respondent's argument, 5 copies, Completed on: 1997-08-18 | Ernest B. Beno |
| 1997-08-13 | $50.00 filing fee for a notice of motion, for new evidence receipt #34582 | Gilles Létourneau, Commissioner and Chairperson |
| 1997-08-11 | Affidavit, (of Sylvie Roussel) 5 copies, with service | Gilles Létourneau, Commissioner and Chairperson |
| 1997-08-11 | Motion to adduce new evidence, De Bene Esse 5 copies, with service, Completed on: 1997-08-11 | Gilles Létourneau, Commissioner and Chairperson |
| 1997-08-11 | Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1997-08-11 | Gilles Létourneau, Commissioner and Chairperson |
| 1997-06-30 | Correspondence received from, sent to Scott & Aylen (Ottawa, ON) to acknowledge receipt of material commencing a proceeding together with the enclosed filing fee | |
| 1997-06-30 | Correspondence received from, sent to Langlois, Gaudreau (Montréal, QC) acknowledge copy of the letter dated June 30, 1997 sent to the Applicant | |
| 1997-06-27 |
Decision on the motion for a stay of execution, (for order see file), McL Dismissed, no order as to costs |
|
| 1997-06-27 | Hearing of motion for a stay of execution, 1997-06-27, (for order see file), McL | |
| 1997-06-27 | Submission of motion for a stay of execution, 1997-06-27, (for order see file), McL | |
| 1997-06-25 | General proceeding, Memorandum of argument of the respondents on motion to Stay | Gilles Létourneau, Commissioner and Chairperson |
| 1997-06-25 | Correspondence received from, dated June 25/97 from Raynold Langlois to inform the Court that the Chairman Gilles Létourneau did not participate in the deliberations of the Commissioners dealing with the conduct of BGen Beno | Gilles Létourneau, Commissioner and Chairperson |
| 1997-06-25 | Correspondence received from, dated June 25/97 from J. Bruce Carr-Harris in response to Mr. Langlois's letter | Ernest B. Beno |
| 1997-06-23 | Correspondence received from, (by fax) dated June 23/97 from J.Bruce Carr-Harris inb response to Mr. Langlois's letter of June 20, 1997 | Ernest B. Beno |
| 1997-06-20 | Correspondence received from, (by fax) dated June 20/97 from Raynold Langlois, Q.C. to advise the Court that he opposes any Motion to Stay | Gilles Létourneau, Commissioner and Chairperson |
| 1997-06-20 | Book of authorities, 2 copies, with service, Completed on: 1997-06-20 | Ernest B. Beno |
| 1997-06-20 | $50.00 filing fee for notice of motion, for stay receipt #34365 | Ernest B. Beno |
| 1997-06-20 | Motion for a stay of execution, 5 copies, with service, Completed on: 1997-06-20 | Ernest B. Beno |
| 1997-06-11 | $50.00 filing fee, receipt #34310 | Ernest B. Beno |
| 1997-06-11 | Application for leave to appeal, 5 copies, with service, Completed on: 1997-06-11 | Ernest B. Beno |
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 |
|---|---|---|
| Beno, Ernest B. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Létourneau, Commissioner and Chairperson, Gilles | Respondent | Active |
| Desbarats, Commissioner, Peter | Respondent | Active |
| Rutherford, Robert | Respondent | Active |
Counsel
Party: Beno, Ernest B.
Counsel
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Létourneau, Commissioner and Chairperson, Gilles
Counsel
1002, rue Sherbrooke O
28e étage
Montréal, Quebec
H3A 3L6
Telephone: (514) 842-9512
FAX: (514) 845-6573
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Desbarats, Commissioner, Peter
Counsel
1002, rue Sherbrooke O
28e étage
Montréal, Quebec
H3A 3L6
Telephone: (514) 842-9512
FAX: (514) 845-6573
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Rutherford, Robert
Counsel
1002, rue Sherbrooke O
28e étage
Montréal, Quebec
H3A 3L6
Telephone: (514) 842-9512
FAX: (514) 845-6573
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
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.
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Lower court rulings
Federal Court of Canada, Trial Division
T-1311-96
application for judicial review granted
Federal Court of Appeal
A-124-97
appeal allowed
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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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
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