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26921

Gilbert L. Gaudet v. Wayne Barrett, et al.

(Nova Scotia) (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)
1999-06-08 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
1999-06-08 Copy of formal judgment on leave being prepared
1999-04-06 Notice of deposit of judgment issued to all parties
1999-04-01 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is dismissed with costs.
Dismissed, with costs
1999-03-01 All materials on application for leave submitted to the Judges, Co Ma Bi
1999-01-14 Decision on motion to extend time, to serve the respondents' response to Jan. 5/99, DeRg
Granted, no order as to costs
1999-01-14 Submission of motion to extend time, DeRg
1999-01-13 Response to motion to extend time, to serve the Respondents' Response (Consent), Completed on: 1999-01-13 Gilbert L. Gaudet
1999-01-13 Motion to extend time, to serve their Response to Jan. 5/99, Completed on: 1999-01-13 Wayne Barrett
1999-01-11 Applicant's reply to respondent's argument, (service of response admitted on Jan. 5/99), Completed on: 1999-01-11 Gilbert L. Gaudet
1998-12-21 Respondent's response on the application for leave to appeal, (service missing - admitted on Jan. 5/99), Completed on: 1999-01-14 Wayne Barrett
1998-12-15 Order on motion to extend the time to file and/or serve the leave application
1998-12-08 Decision on motion to extend time, to serve and file the respondent's response to Dec. 20/98, Reg
Granted, no order as to costs
1998-12-08 Submission of motion to extend time, to serve and file the respondent's response to Dec. 20/98, Reg
1998-12-04 Motion to extend time, to file the response to Dec. 20, 1998 (filing fee and service requested), 5 copies, book form, Incomplete Wayne Barrett
1998-12-04 Decision on motion to extend time to file and /or serve the leave application, to Oct. 30/98, Bi
Granted, no order as to costs
1998-12-03 Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), (not opposed to the extension of time)(letter from W. Leahey dated Dec. 3, 1998 - fax copy), Completed on: 1998-12-03 Wayne Barrett
1998-12-03 Submission of motion to extend time to file and/ or serve the leave application, Bi
1998-11-25 Motion to extend the time to file and or serve the application for leave to appeal, to Oct. 30, 1998 - 5 copies - book form, Completed on: 1998-11-25 Gilbert L. Gaudet
1998-11-10 Letter acknowledging receipt of a complete application for leave to appeal, sent to Lang, Michener and Leahey Nearinig
1998-11-05 General proceeding Gilbert L. Gaudet
1998-10-30 $50.00 filing fee, receipt #31402, with service Gilbert L. Gaudet
1998-10-30 Application for leave to appeal, extension of time requested (Lang, Michener advised), Completed on: 1998-11-25 Gilbert L. Gaudet

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
Gaudet, Gilbert L. Applicant Active

v.

Main parties - Respondents
Name Role Status
Barrett, Wayne Respondent Active
Barrett, Marlene Respondent Active

Counsel

Party: Gaudet, Gilbert L.

Counsel
Harry E. Wrathall, Q.C.
McInnes Cooper & Robertson
1601 Lower Water Street
P.O. Box 730 Stn Central
Halifax, Nova Scotia
B3J 2V1
Telephone: (902) 425-6500
FAX: (902) 425-6350
Agent
Eugene Meehan
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

Party: Barrett, Wayne

Counsel
William M. Leahey
Leahey Nearinig
401 - 1770 Market St
Halifax, Nova Scotia
B3J 3M3
Telephone: (902) 492-1770
FAX: (902) 423-2485

Party: Barrett, Marlene

Counsel
William M. Leahey
Leahey Nearing
401 - 1770 Market St
Halifax, Nova Scotia
B3J 3M3
Telephone: (902) 492-1770
FAX: (902) 423-2485

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 4, 1997
Provincial Court of Nova Scotia

74633 & 77332

Respondents' action allowed; crossclaims dismissed; CIBC's counterclaim allowed

August 28, 1998
Nova Scotia Court of Appeal

143446 & 143752

Applicant's appeal allowed in part; Respondents' cross-appeal allowed; Respondents' appeal allowed in part: action for negligent misrepresentation against CIBC 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

Not available

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

Not available

Webcasts

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Date modified: 2025-02-27