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26415

Fraser River Pile & Dredge Ltd. v. Can-Dive Services Ltd.

(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)
1999-12-29 Appeal closed
1999-12-29 Formal judgment sent to the registrar of the court of appeal and all parties
1999-12-29 Copy of formal judgment being prepared
1999-10-19 Record returned to the Registrar of the Court of Appeal
1999-09-13 Notice of deposit of judgment sent to all parties
1999-09-10 Judgment on the appeal rendered, G Co McL Ia Ma Ba Bi, The appeal is dismissed with costs.
Dismissed, with costs
1999-03-08 Transcript received, 82 pages
1999-02-25 Hearing of the appeal, 1999-02-25, video #V023, G Co McL Ia Ma Ba Bi
Judgment reserved
1999-02-25 Appellant's condensed book Fraser River Pile & Dredge Ltd.
1999-02-23 Order on motion to file a reply factum on appeal
1999-02-19 Decision on the motion to file a reply factum on appeal, McL
Granted, no order as to costs
1999-02-19 Submission of motion to file a reply factum on appeal, McL
1999-02-19 Response to motion to file a reply factum on appeal, Completed on: 1999-02-19 Can-Dive Services Ltd.
1999-02-16 Notice of appearance, of D. Barry Kirkham, Q.C. and Gregory J. Tucker at the hearing og the appeal Can-Dive Services Ltd.
1999-02-16 Supplemental document, Authorities of the Appellant joint with Reply to Respondent's Factum Fraser River Pile & Dredge Ltd.
1999-02-16 Reply factum on appeal, sent to G Co McL I Ma Ba Bi, Feb. 19/99, Completed on: 1999-02-16 Fraser River Pile & Dredge Ltd.
1999-02-16 Motion to file a reply factum on appeal, (joint with motion abridging the time)
, Completed on: 1999-02-16
Fraser River Pile & Dredge Ltd.
1999-02-01 Order on motion to extend time, to serve and file the respondent's record and book of authorities to Dec. 15/98
1999-02-01 Decision on motion to extend time, to serve and file the respondent's record and book of authorities to Dec. 15/98, Reg
Granted, no order as to costs
1999-01-29 Submission of motion to extend time, Reg
1999-01-28 Motion to extend time, to file the respondent's factum and authorities to Dec. 15, 1998 ($50.00 requested received Feb. 3/99), Completed on: 1999-01-28 Can-Dive Services Ltd.
1998-12-14 Respondent's book of authorities, vol. 1 and 2, Completed on: 1998-12-14 Can-Dive Services Ltd.
1998-12-14 Respondent's factum, (extension of time requested), Completed on: 1998-12-14 Can-Dive Services Ltd.
1998-12-08 Appeal hearing scheduled, 1999-02-25
Judgment reserved
1998-12-08 Appeal perfected for hearing, Session beginning on 1999-01-18
1998-12-01 Correspondence received from, both counsel have agreed to have the appeal heard in the Jan. 1999 session Fraser River Pile & Dredge Ltd.
1998-10-08 Book of authorities, With service, Completed on: 1998-10-08 Fraser River Pile & Dredge Ltd.
1998-10-07 Appellant's factum, With service, Completed on: 1998-10-07 Fraser River Pile & Dredge Ltd.
1998-08-28 Correspondence (sent by the Court) to, frm Lang, Michener, letter dated Aug. 27, 1998 re: has been retained as agent for the Respondent
1998-08-21 Respondent's record, 24 copies, Completed on: 1998-08-21 Can-Dive Services Ltd.
1998-07-28 Appellant's record, 24 copies of vol. I & II, with service, Completed on: 1998-07-28 Fraser River Pile & Dredge Ltd.
1998-07-03 Appeal court record, (1 env.)
1998-06-10 Correspondence (sent by the Court) to, sent to McEwen Schmitt & Co. and Owen Bird re: Rule 32
1998-06-09 $10.00 fee for depositing security, receipt no. 30743 Fraser River Pile & Dredge Ltd.
1998-06-09 $500 security deposit paid, receiptno. 2456 Fraser River Pile & Dredge Ltd.
1998-06-09 Notice of appeal, Completed on: 1998-06-09 Fraser River Pile & Dredge Ltd.
1998-06-04 Judgment of the Court on the application for leave to appeal, Co Ia Ma, The application for leave to appeal is granted.
Granted, no order as to costs
1998-06-04 Notice of deposit of judgment issued to all parties, all parties
1998-05-04 All materials on application for leave submitted to the Judges, 1998-06-04, Co Ia Ma
1998-02-09 General proceeding, 5 copies of formal order of C.A. (to be sent with the application for leave to appeal) Fraser River Pile & Dredge Ltd.
1998-01-23 Correspondence received from, sent to McCarthy, Tétrault and Owen, Bird re: receipt of application for leave to appeal
1998-01-16 Respondent's response on the application for leave to appeal, 5 copies, Completed on: 1998-01-16 Can-Dive Services Ltd.
1997-12-29 $50.00 filing fee, receipt no. 28389 Fraser River Pile & Dredge Ltd.
1997-12-29 Application for leave to appeal, 6 copies (formal order of C.A. not yet available) (service admitted on Dec. 23, 1997), with service, Completed on: 1998-02-09 Fraser River Pile & Dredge Ltd.

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
Fraser River Pile & Dredge Ltd. Appellant Active

v.

Main parties - Respondents
Name Role Status
Can-Dive Services Ltd. Respondent Active

Counsel

Party: Fraser River Pile & Dredge Ltd.

Counsel
Name
David F. McEwen
Contact information
McEwen, Schmitt & Company
1615 - 1055 Georgia St West
Vancouver, British Columbia
V6E 3R5
Telephone: (604) 683-1223
Agent
Name
Colin Baxter
Contact information
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386

Party: Can-Dive Services Ltd.

Counsel
Names
D. Barry Kirkham, Q.C.
Gregory J. Tucker
Contact information
Owen Bird Law Corporation
2900 - 595 Burrard St
PO Box 49130
Vancouver, British Columbia
V7X 1J5
Telephone: (604) 691-7506
FAX: (608) 632-4433
Email: dbk@owenbird.com
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

July 14, 1995
Supreme Court of British Columbia

C914496

Applicant's action for damages allowed; Respondent's counterclaim dismissed

October 27, 1997
Court of Appeal for British Columbia (Vancouver)

CA020806

Appeal allowed

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

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Webcasts

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Date modified: 2025-05-13