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26362

Her Majesty the Queen in Right of Newfoundland, et al. v. Andrew Wells

(Newfoundland & Labrador) (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)
1999-10-27 Appeal closed
1999-10-27 Formal judgment sent to the registrar of the court of appeal and all parties
1999-10-27 Copy of formal judgment being prepared
1999-09-16 Notice of deposit of judgment sent to all parties
1999-09-15 Judgment on the appeal rendered, CJ L'HD G Co McL Ia Ma Ba Bi, The appeal is dismissed. The respondent shall have his costs in this Court and throughout.
Dismissed, costs in this Court and courts below
1999-06-14 Reply factum on appeal, (as per CJ's order at the hearing of the appeal), sent to CJ L'HD G Co McL I Ma Ba Bi, June 15/99, Completed on: 1999-06-14 Her Majesty the Queen in Right of Newfoundland
1999-05-31 Correspondence received from, G. Butler dated May 28, 1999 re: errors in the page references contained in the respondent's factum, sent to CJ L'HD G Co McL I Ma Ba Bi, June 1/99 Andrew Wells
1999-05-31 Supplemental factum, (respondent's suppl. factum, as per CJ's order), sent to CJ L'HD G Co McL I Ma Ba Bi, June 1/99, Completed on: 1999-05-31 Andrew Wells
1999-05-25 Transcript received, (68 pages)
1999-05-17 Hearing of the appeal, 1999-05-17, CJ L'HD G Co McL Ia Ma Ba Bi
Judgment reserved
1999-05-17 Decision on motion to extend time, to file a supplementary book of authorities, CJ L'HD G Co McL Ia Ma Ba Bi
Granted, no order as to costs
1999-05-17 Submission of motion to extend time, to file a supplementary book of authorities, CJ L'HD G Co McL Ia Ma Ba Bi
1999-05-14 Supplemental document, (condensed book) sent to CJ L.HD G Co McL I Ma Ba Bi, May 13/99 Her Majesty the Queen in Right of Newfoundland
1999-05-12 Response to motion to extend time, (Letter Form), 5 more copies requested sent to CJ L'HD G Co McL I Ma Ba Bi, May 13/99, Completed on: 1999-05-12 Andrew Wells
1999-05-10 Motion to extend time, to file a supplementary book of authorities to May 7/99 (bookform)(to be heard at the hearing of the appeal) - 1 copy (9 more copies requested) sent to CJ L'HD G Co McL I Ma Ba Bi, May 13/99, Completed on: 1999-05-10 Her Majesty the Queen in Right of Newfoundland
1999-05-07 Supplemental document, (suppl. book of authorities) (motion requested) sent to CJ L'HD G Co McL I Ma Ba Bi, May 13/99 Her Majesty the Queen in Right of Newfoundland
1999-05-03 Notice of appearance, Kenneth S. Purchase to be added as a counsel appearing at the hearing of the appeal Andrew Wells
1999-05-03 Correspondence received from, Lang, Michener dated May 3, 1999 re: filing of additional authorities by the appellant Andrew Wells
1999-03-24 Notice of appearance, (Gillian D. Butler, Q.C. and Stacy L. Feltham) Andrew Wells
1999-03-03 Appeal hearing scheduled, 1999-05-17
Judgment reserved
1998-12-18 Appeal perfected for hearing, Session beginning on 1999-04-19
1998-12-18 Book of authorities, Completed on: 1998-12-18 Andrew Wells
1998-12-18 Respondent's record, Completed on: 1998-12-18 Andrew Wells
1998-12-18 Respondent's factum, Completed on: 1998-12-18 Andrew Wells
1998-11-26 Decision on motion to extend time, to serve and file the appellant's record, factum and book of authorities to Oct. 26/98, Reg
Granted, no order as to costs
1998-11-26 Submission of motion to extend time, Reg
1998-11-23 Response to motion to extend time, to serve and file the Appellants' Record, Factum and Authorities, Completed on: 1998-11-23 Andrew Wells
1998-11-23 Motion to extend time, to serve and file the Appellants' Record, Factum and Book of Authorities to Oct. 26/98
, Completed on: 1998-11-23
Her Majesty the Queen in Right of Newfoundland
1998-10-26 Appellant's factum, (joint with A02) (extension of time requested), with service, Completed on: 1998-10-26 Her Majesty the Queen in Right of Newfoundland
1998-10-26 Book of authorities, (joint with A02) (extension of time requested), with service, Completed on: 1998-10-26 Her Majesty the Queen in Right of Newfoundland
1998-10-26 Appellant's record, (joint with A02) (extension of time requested), with service, Completed on: 1998-10-26 Her Majesty the Queen in Right of Newfoundland
1998-06-18 Order on motion to extend time to serve and/or file notice of appeal
1998-06-16 Decision on motion to extend time to serve and/or file notice of appeal, to June 10/98, Ma
Granted, no order as to costs
1998-06-16 Submission of motion to extend time to serve and/or file notice of appeal submitted, 1998-06-16, to June 10/98, Ma
1998-06-12 Response to motion to extend time to serve and/or file notice of appeal, to June 10, 1998 (Lang, Michener) (fax copy), Completed on: 1998-06-12 Andrew Wells
1998-06-11 Correspondence (sent by the Court) to, sent to A.G. of Newfoundland and White Ottenheimer & Baker re: Rule 32
1998-06-10 Affidavit, to June 10, 1998 (K. Collins), with service Her Majesty the Queen in Right of Newfoundland
1998-06-10 $50.00 filing fee for notice of motion, receipt no. 30746 Her Majesty the Queen in Right of Newfoundland
1998-06-10 Motion to extend the time to serve and/or file the notice of appeal, to June 10, 1998, with service, Completed on: 1998-06-10 Her Majesty the Queen in Right of Newfoundland
1998-06-10 Notice of appeal, Completed on: 1998-06-10 Her Majesty the Queen in Right of Newfoundland
1998-03-25 Order granting leave to appeal
1998-03-23 Notice of deposit of judgment issued to all parties, all parties
1998-03-19 Judgment of the Court on the application for leave to appeal, Co Ma Bi, The application for leave to appeal is granted.
Granted, no order as to costs
1998-02-27 All materials on application for leave submitted to the Judges, Co Ma Bi
1997-12-18 Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1997-12-18 Andrew Wells
1997-12-05 $50.00 filing fee, receipt no. 28223 Her Majesty the Queen in Right of Newfoundland
1997-12-05 Application for leave to appeal, 5 copies, with service, Completed on: 1997-12-05 Her Majesty the Queen in Right of Newfoundland

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
Her Majesty the Queen in Right of Newfoundland Appellant Active
Board of Commissioners of Public Utilities Appellant Active

v.

Main parties - Respondents
Name Role Status
Wells, Andrew Respondent Active

Counsel

Party: Her Majesty the Queen in Right of Newfoundland

Counsel
Names
Reg Locke
John B. Laskin
Andrew E. Bernstein
Contact information
Attorney General of Newfoundland
Confederation Bldg 4th Floor East
PO Box 8700
St. John's, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-2886
Agent
Name
V. Jennifer Mackinnon
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Board of Commissioners of Public Utilities

Counsel
Name
Reg Locke
Contact information
Attorney General of Newfoundland
Confederation Bldg 4th Floor East
PO Box 8700
St. John's, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-2886
Agent
Name
V. Jennifer Mackinnon
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Wells, Andrew

Counsel
Names
Gillian D. Butler, Q.C.
Kenneth S. Purchase
Stacy L. Feltham
Contact information
White, Ottenheimer & Baker
6th Floor, Baine Johnston Centre
P.O. Box 5457, 10 Fort William Place
St. John's, Newfoundland & Labrador
A1C 5W4
Telephone: (709) 722-7584
FAX: (709) 722-9210
Agent
Name
Eugene Meehan
Contact information
Lang Michener
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

December 5, 1994
Supreme Court of Newfoundland and Labrador, Court of Appeal

1991 St.J. No. 574

Action dismissed

October 6, 1997
Supreme Court of Newfoundland and Labrador - Court of Appeal

94/260

Appeal allowed; Trial Judge's decision is set aside;

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

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

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

Webcasts

Not available.

Date modified: 2025-05-13