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.
26215
M & D Farm Limited, et al. v. Manitoba Agricultural Credit Corporation
(Manitoba) (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) |
|---|---|---|
| 2002-01-10 | Correspondence received from, B.P. Metcalre (dated Jan. 7); re: costs | Manitoba Agricultural Credit Corporation |
| 2001-10-10 | Correspondence received from, J.A. Myers (dated Oct. 10); re: acknowleging receipt of Mr. Metcalfe letter of Sept. 24 | M & D Farm Limited |
| 2001-10-09 | Correspondence received from, B.P. Metcalfe (dated Sept. 24); re: taxation of costs | Manitoba Agricultural Credit Corporation |
| 1999-10-28 | Appeal closed | |
| 1999-09-02 |
Written reasons rendered after oral judgment, CJ G Co McL Ia Ma Bi, THE CHIEF JUSTICE (orally): It will not be necessary to hear from you Mr. Myers. We are ready to hand judgment now with reasons to follow. The appeal is allowed, the Order of the Court of Appeal for Manitoba is set aside and the Trial Judge's Order is restored with costs throughout. Allowed, costs in this Court and courts below |
|
| 1999-02-09 | Transcript received, and distributed to the justices (40 pages) | |
| 1999-02-01 | Approved order for payment out, sent to Finance today | |
| 1999-01-27 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 1999-01-27 | Copy of formal judgment being prepared | |
| 1999-01-27 | Notice of deposit of judgment sent to all parties | |
| 1999-01-26 |
Judgment on the appeal rendered, CJ G Co McL Ia Ma Bi, THE CHIEF JUSTICE (orally): It will not be necessary to hear from you Mr. Myers. We are ready to hand judgment now with reasons to follow. The appeal is allowed, the Order of the Court of Appeal for Manitoba is set aside and the Trial Judge's Order is restored with costs throughout. Reasons to follow. (REASONS DELIVERED SEPT. 2/99) Allowed, costs in this Court and courts below |
|
| 1999-01-26 |
Hearing of the appeal, 1999-01-26, video #V009, CJ G Co McL Ia Ma Bi Judgment rendered |
|
| 1999-01-18 | Notice of appearance, (B. Patrick Metcalfe and Robert J. Graham) | Manitoba Agricultural Credit Corporation |
| 1999-01-15 | Notice of hearing | M & D Farm Limited |
| 1998-12-04 |
Appeal hearing scheduled, 1999-01-26 Judgment rendered |
|
| 1998-08-24 | Book of authorities, 12 copies, with service, Completed on: 1998-08-24 | Manitoba Agricultural Credit Corporation |
| 1998-08-24 | Appeal perfected for hearing, Session beginning on 1999-01-18 | |
| 1998-08-24 | Respondent's factum, 24 copies, with service, Completed on: 1998-08-24 | Manitoba Agricultural Credit Corporation |
| 1998-07-03 | Appellant's record, 24 copies, with service, Completed on: 1998-07-03 | M & D Farm Limited |
| 1998-07-03 | Book of authorities, 12 copies, with service, Completed on: 1998-07-03 | M & D Farm Limited |
| 1998-07-03 | Appellant's factum, 24 copies, with service, Completed on: 1998-07-03 | M & D Farm Limited |
| 1998-04-29 |
Decision on the motion for a stay of execution, pending the disposition by this Court of the appeal herein or unitil the Court should otherwise order, the respondent be and it is hereby restrained from taking any further proceedings to sell or otherwise dispose of the land legally Granted, no order as to costs |
|
| 1998-04-29 | Submission of motion for a stay of execution | |
| 1998-04-29 | Order issued on motion for a stay of execution, (for Binnie J.'s Order see file REVISED MAY 25/98) | |
| 1998-04-29 |
Decision on the motion for a stay of execution, Bi, 1. The abridgement of time periods is granted as requested. 2. Pending the disposition by this Court of the appeal herein or until this Court should otherwise order, the respondent be and it is hereby restrained from taking any further proceedings to sell or otherwise dispose of the land legally described as: the North East Quarter of Section Twenty-seven, in Township Three and Range Thirteen, West of the Principal Meridian, in Manitoba. 3. The applicants are to have their costs of this motion Granted, no order as to costs |
|
| 1998-04-29 | Submission of motion for a stay of execution, 1998-04-29, Bi | |
| 1998-04-28 | Other documents on motion for a stay of execution, (reply of the applicants) re: motion for stay (fax copy) | |
| 1998-04-22 | Other documents on motion for a stay of execution, AFFIDAVIT of Donna Maria Siemens sworn March 24/98, with service | |
| 1998-04-22 | Other documents on motion for a stay of execution, 5 copies, with service | |
| 1998-04-15 | Proof of service, of the motion for stay and affidavit of Alain Hogue | |
| 1998-04-14 | Affidavit, of Alain J. Hogue re: on motion for stay - 2 copies | M & D Farm Limited |
| 1998-04-14 | Motion for a stay of execution, 2 copies - book form, Completed on: 1998-04-14 | M & D Farm Limited |
| 1998-03-23 | General proceeding, 1 copy of Twanddle, J.A. decision on stay | M & D Farm Limited |
| 1998-03-20 | $50.00 filing fee for notice of motion, receipt no. 30301 | M & D Farm Limited |
| 1998-03-20 | Motion for a stay of execution, (fax copy) (original filed March 23, 1998), Completed on: 1998-03-20 | M & D Farm Limited |
| 1998-03-12 | Correspondence (sent by the Court) to, sent to D'Arcy & Deacon and Alain Hogue & Assoc. re: Rule 32 | |
| 1998-03-11 | Notice of deposit of security | |
| 1998-03-10 | Order granting leave to appeal | |
| 1998-03-09 | $10.00 fee for depositing security, receipt #30226 | M & D Farm Limited |
| 1998-03-06 | $500 security deposit paid, direction #2445 | M & D Farm Limited |
| 1998-03-06 | Notice of appeal, Completed on: 1998-03-06 | M & D Farm Limited |
| 1998-02-13 | Notice of deposit of judgment issued to all parties, all parties | |
| 1998-02-12 |
Judgment of the Court on the application for leave to appeal, CJ Co McL, The application for extension of time and the application for leave to appeal are granted. Granted, no order as to costs |
|
| 1998-02-12 |
Decision on motion to extend time to file and /or serve the leave application, CJ Co McL Granted, no order as to costs |
|
| 1998-02-12 | Submission of motion to extend time to file and/ or serve the leave application, 1998-02-12, CJ Co McL | |
| 1998-01-16 | All materials on application for leave submitted to the Judges, CJ Co McL | |
| 1997-11-27 | Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1997-11-27 | M & D Farm Limited |
| 1997-11-17 | Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1997-11-17 | Manitoba Agricultural Credit Corporation |
| 1997-10-23 | Book of authorities, 4 copies, with service, Completed on: 1997-10-23 | M & D Farm Limited |
| 1997-10-23 | Correspondence received from, sent to Lang, Michener (Ottawa, ON) enclosing copy of letter dated Oct. 23/97 sent to Applicant | |
| 1997-10-23 | Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) to acknowledge receipt of material commencing a proceeding together with filing fee | |
| 1997-10-21 | Application for leave to appeal, 5 copies (missing $50 - pd in Sept.), with service, Completed on: 1997-10-21 | M & D Farm Limited |
| 1997-10-16 |
Decision on the motion for a stay of execution, (for reasons see order), Ma Dismissed, no order as to costs |
|
| 1997-10-16 | Submission of motion for a stay of execution, Ma | |
| 1997-10-15 | Correspondence received from, from Henry S. Brown, Q.C.; re: position as to why the stay ought not to be traversed to the C. A. of Manitoba | M & D Farm Limited |
| 1997-10-09 | Other documents on motion for a stay of execution, Affidavit in reply; Alain J. Hogue, with service | |
| 1997-10-08 | Proof of service, of the motion record of the respondent opposing a stay of proceedings | |
| 1997-10-03 | Other documents on motion for a stay of execution, 5 copies of motion record of the respondent opposing a stay (book form), with service | |
| 1997-09-26 | $50.00 filing fee, receipt #34830 | M & D Farm Limited |
| 1997-09-26 | Other documents on motion for a stay of execution, 1 copy of Affidavit of Marcel R. Desrochers on motion for stay, with service | |
| 1997-09-26 | $50.00 filing fee for a notice of motion, receipt no. 34830 | M & D Farm Limited |
| 1997-09-26 | Motion for a stay of execution, (1 copy), with service, Completed on: 1997-09-26 | M & D Farm Limited |
| 1997-09-26 | Notice of application for leave to appeal, (1 copy) | M & D Farm Limited |
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 |
|---|---|---|
| M & D Farm Limited | Appellant | Active |
| Desrochers, Marcel Robert | Appellant | Active |
| Desrochers, Darlene Erma | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Manitoba Agricultural Credit Corporation | Respondent | Active |
Counsel
Party: M & D Farm Limited
Counsel
400 St Mary Ave
9th Floor
Winnipeg, Manitoba
R3C 4K5
Telephone: (204) 988-0308
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com
Party: Desrochers, Marcel Robert
Counsel
400 St Mary Ave
9th Floor
Winnipeg, Manitoba
R3C 4K5
Telephone: (204) 988-0308
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com
Party: Desrochers, Darlene Erma
Counsel
400 St Mary Ave
9th Floor
Winnipeg, Manitoba
R3C 4K5
Telephone: (204) 988-0308
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com
Party: Manitoba Agricultural Credit Corporation
Counsel
1200 - 330 St-Mary Ave
Winnipeg, Manitoba
R3C 4E1
Telephone: (204) 942-2271
FAX: (204) 943-4242
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
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
Court of Queen’s Bench of Manitoba
CI 97-01-00647
Order for leave to apply for order of foreclosure granted
Court of Appeal of Manitoba
AI 97-30-03296
Appeal allowed; Order vesting land in Respondent
Filed documents
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 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 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
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
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available