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26183

John David Kuntz v. Robert W. McGraw, et al.

(British Columbia) (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
1998-02-04 Copy of formal judgment on leave being prepared, all parties
1998-02-03 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, British Columbia (Vancouver)
1997-11-28 Notice of deposit of judgment issued to all parties, John David Kuntz (Richmond, BC)
1997-11-28 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1997-11-27 Judgment of the Court on the application for leave to appeal, L'HD Co Ma, The motion for permission to file a lengthy memorandum is dismissed. The motion for stay or dismissal of the application under R. 51.1 and to bar the applicant from filing further proceedings against the respondents is granted and the application for leave to appeal is dismissed.
Dismissed, no order as to costs
1997-11-27 Decision on the miscellaneous motion, for dismissal of the application under R. 51.1 and to bar applicant from filing further proceedings against respondents, L'HD Co Ma
Granted, no order as to costs
1997-11-27 Hearing of miscellaneous motion, 1997-11-27, for dismissal of the application under R. 51.1 and to bar applicant from filing further proceedings against respondents, L'HD Co Ma
1997-11-27 Submission of miscellaneous motion, 1997-11-27, for dismissal of the application under R. 51.1 and to bar applicant from filing further proceedings against respondents, L'HD Co Ma
1997-11-27 Decision on motion to file a lengthy memorandum of argument, L'HD Co Ma
Dismissed, no order as to costs
1997-11-27 Hearing of motion to file a lengthy memorandum of argument, 1997-11-27, L'HD Co Ma
1997-11-27 Submission of motion to file a lengthy memorandum of argument, 1997-11-27, L'HD Co Ma
1997-10-31 All materials on application for leave submitted to the Judges, L'HD Co Ma
1997-10-02 General proceeding, 5 copies of the applicant's response to the misc. motion - book form, with service John David Kuntz
1997-09-30 Proof of service, of the misc. motion
1997-09-29 Proof of service, of the misc. motion
1997-09-23 $50.00 filing fee for a notice of motion, receipt no. 34762 Robert W. McGraw
1997-09-23 Notice of miscellaneous motion, (dismissing the application for leave to appeal as an abuse of process, under rule 51.1) - 2 copies - book form, Completed on: 1997-09-23 Robert W. McGraw
1997-09-17 Correspondence received from, from J. D. Kuntz to M. Larmour, letter dated Sept. 15, 1997 re: enclosing formal order of C.A. and explanations on his argument of 229 pages (see order requested in leave book) John David Kuntz
1997-09-17 General proceeding, 5 copies of formal order of C.A. (to be sent with the application for leave to appeal) John David Kuntz
1997-09-17 Motion to file a lengthy memorandum of argument, (included at page 259 of leave book), Completed on: 1997-09-17 John David Kuntz
1997-09-11 Correspondence received from, sent to Farris, Vaughan, Wills & Murphy (Vancouver, BC) enclosing copy of letter dated Sept. 11/97 sent to Applicant
1997-09-11 Correspondence received from, sent to John David Kuntz (Richmond, BC) to acknowledge receipt of material commencing a proceeding together with filing fee
1997-09-10 Correspondence received from, from J. D. Kuntz to Chief Justice, letter dated Sept. 9, 1997 re: requesting to enjoin the 2 matters (25407 - motion for reconsideration)IN THE SAME TIME (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL) John David Kuntz
1997-09-10 Appeal Court record, 5 copies of vol. 1 to 4 of Appeal Book (to be sent with the application for leave to appeal), with service
1997-09-10 $50.00 filing fee, receipt no. 34687 John David Kuntz
1997-09-10 Application for leave to appeal, 5 copies (memorandum of 229 pages, formal order of C.A. missing) P.S. respondents are McGraw, Kokan and Tile only, as per judgment of C.A. (N.B. judgment of S.C. of B.C. in VOL 2, pages 319-320 and Reasons for judgment of B.C. in VOL. 4, section 17), Completed on: 1997-09-17 John David Kuntz

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
Kuntz, John David Applicant Active

v.

Main parties - Respondents
Name Role Status
McGraw, Robert W. Respondent Active
Kokan, Peter Respondent Active
Tile, Marvin Respondent Active

Counsel

Party: Kuntz, John David

Counsel
John David Kuntz
8331 River Rd
Richmond, British Columbia
V6X 1Y1
Telephone: (604) 273-1945
FAX: (604) 427-3562

Party: McGraw, Robert W.

Counsel
Jack M. Giles, Q.C.
Farris, Vaughan, Wills & Murphy
TD Bank Tower, 26th Floor
700 Georgia Street West
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 661-9312
FAX: (604) 661-9349
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: Kokan, Peter

Counsel
Jack M. Giles, Q.C.
Farris, Vaughan, Wills & Murphy
TD Bank Tower, 26th Floor
700 Georgia Street West
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 661-9312
FAX: (604) 661-9349
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: Tile, Marvin

Counsel
Jack M. Giles, Q.C.
Farris, Vaughan, Wills & Murphy
TD Bank Tower, 26th Floor
700 Georgia Street West
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 661-9312
FAX: (604) 661-9349
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

November 10, 1995
Supreme Court of British Columbia

C932720

See file

May 12, 1997
Court of Appeal for British Columbia (Vancouver)

CA021171

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

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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