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.
27138
Bennett Jones Verchere, et al. v. Western Canadian Shopping Centres Inc., et al.
(Alberta) (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) |
|---|---|---|
| 2001-09-18 | Close file on Leave | |
| 2001-08-23 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2001-08-16 | Copy of formal judgment being prepared, REVISED | |
| 2001-07-13 |
Written reasons rendered after oral judgment, CJ L'HD G Ia Bi Arb LeB, The appeal is dismissed and the cross-appeal is allowed. Costs of the appeal and cross-appeal are to the respondents. Dismissed, with costs |
|
| 2001-02-13 | Record returned to the Registrar of the Court of Appeal | |
| 2001-01-08 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2001-01-02 | Correspondence received from, Hervé H. Durocher dated Dec. 22/00 re: the issue of costs (sent to Court Jan. 17/01)(P.S. the appellant will not file any response, as per phone conversation with the agent on Jan. 18, 2001) | Western Canadian Shopping Centres Inc. |
| 2001-01-02 | Transcript received, (92 pages) | |
| 2000-12-20 | Copy of formal judgment being prepared | |
| 2000-12-15 | Notice of deposit of judgment sent to all parties | |
| 2000-12-13 |
Judgment on the appeal rendered, (REASONS DELIVERED JULY 13/01 - P.S. Costs on appeal and cross-appeal awarded to the respondents on July 13/01), CJ L'HD G Ia Bi Arb LeB, The Chief Justice (orally): We are all of the view that the appeal should be dismissed and the cross-appeal allowed. (Reasons delivered July 13, 2001) Dismissed, with costs |
|
| 2000-12-13 |
Hearing of the appeal, 2000-12-13, (V098), CJ L'HD G Ia Bi Arb LeB Judgment rendered |
|
| 2000-12-07 | Notice of appearance, of Barry R. Crump and Brian Peck at the hearing of the appeal | The Royal Trust Company |
| 2000-12-05 | Notice of appearance, (Letter Form), from H. Durocher dated Dec. 4, 2000 (fax copy) | Western Canadian Shopping Centres Inc. |
| 2000-09-15 | Notice of hearing | Bennett Jones Verchere |
| 2000-09-01 |
Appeal hearing scheduled, 2000-12-13 Judgment rendered |
|
| 2000-07-26 | Respondent's book of authorities - cross appeal, Completed on: 2000-07-26 | The Royal Trust Company |
| 2000-07-26 | Respondent's factum - cross appeal, Completed on: 2000-07-26 | The Royal Trust Company |
| 2000-07-18 |
Decision on motion to extend time, DeRg, to serve & file the respondents' factum, record and book of authorities to July 12, 2000. Granted, no order as to costs |
|
| 2000-07-18 | Submission of motion to extend time, DeRg | |
| 2000-07-12 | Motion to extend time, (Letter Form), to serve and file the Factum, Record and Authorities to July 15/00, Completed on: 2000-07-12 | Western Canadian Shopping Centres Inc. |
| 2000-07-12 | Respondent's book of authorities, Completed on: 2000-07-12 | Western Canadian Shopping Centres Inc. |
| 2000-07-12 | Respondent's record, Completed on: 2000-07-12 | Western Canadian Shopping Centres Inc. |
| 2000-07-12 | Respondent's factum, joint with Appellants' Factum on Cross-Appeal (returned for corrections July 13/00 for new covers - back from corrections July 14/00), Completed on: 2000-07-12 | Western Canadian Shopping Centres Inc. |
| 2000-07-04 | Appeal perfected for hearing, Session beginning on 2000-10-02 | |
| 2000-06-30 | Correspondence received from, S. Grace dated June 30, 2000 (fax copy) re: factum will be delayed for several weeks due to illness; will bring a motion to extend the time | Western Canadian Shopping Centres Inc. |
| 2000-06-20 | Appeal court record, (4 boxes joint with Trial Court record) | |
| 2000-05-08 | Appellant's record, Completed on: 2000-05-08 | The Royal Trust Company |
| 2000-05-08 | Appellant's book of authorities, Completed on: 2000-05-08 | The Royal Trust Company |
| 2000-05-08 | Appellant's factum, (factum on behalf of the remaining appellants), Completed on: 2000-05-08 | The Royal Trust Company |
| 2000-01-11 | Order granting leave to appeal | |
| 2000-01-11 | Order granting leave to appeal, (cross-appeal) | |
| 2000-01-11 | Letter acknowledging receipt of notice of appeal | |
| 2000-01-07 | Notice of cross appeal, Completed on: 2000-01-07 | Western Canadian Shopping Centres Inc. |
| 2000-01-06 | Notice of appeal, Completed on: 2000-01-06 | Bennett Jones Verchere |
| 2000-01-05 | Notice of deposit for security | Bennett Jones Verchere |
| 1999-12-10 | Notice of deposit of judgment issued to all parties | |
| 1999-12-09 |
Judgment of the Court on the application for leave to appeal, The applications for leave to appeal and cross-appeal are granted. Granted, no order as to costs |
|
| 1999-12-09 |
Judgment of the Court on the application for leave to cross-appeal, The application for leave to cross-appeal is granted. Granted, no order as to costs |
|
| 1999-11-01 | All material on the application for leave to cross-appeal submitted to the Judges, CJ McL Ia | |
| 1999-11-01 | All materials on application for leave submitted to the Judges, CJ McL Ia | |
| 1999-04-15 | Memorandum of argument in response to the cross-appeal, (joint with the applicant's reply), Completed on: 1999-04-15 | The Royal Trust Company |
| 1999-04-15 | Applicant's reply to respondent's argument, (joint with response to CROSS-APPEAL), Completed on: 1999-04-15 | The Royal Trust Company |
| 1999-04-12 |
Decision on motion to extend time, Reg, to serve & file the respondent's response and a motion for leave to cross-appeal to Mar. 19/99. Granted, no order as to costs |
|
| 1999-04-09 | Submission of motion to extend time, Reg | |
| 1999-03-19 | Response to motion to extend time, (Letter Form), Completed on: 1999-03-19 | Bennett Jones Verchere |
| 1999-03-19 | Response to motion to extend time, (Letter Form), Completed on: 1999-03-19 | The Royal Trust Company |
| 1999-03-19 | Motion to extend time, to file the respondent's response and application for leave to cross-appeal to March 19/99, Completed on: 1999-03-19 | Western Canadian Shopping Centres Inc. |
| 1999-03-19 | Application for leave to cross-appeal, (joint with respondent's response), Completed on: 1999-03-19 | Western Canadian Shopping Centres Inc. |
| 1999-03-19 | Respondent's response on the application for leave to appeal, (joint with leave to cross-appeal), Completed on: 1999-03-19 | Western Canadian Shopping Centres Inc. |
| 1999-03-17 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 1999-02-08 | Application for leave to appeal, (C/A order missing), Completed on: 1999-03-26 | Bennett Jones Verchere |
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 |
|---|---|---|
| Bennett Jones Verchere | Appellant | Active |
| Schulhauser, Garnet | Appellant | Active |
| Arthur Anderson & Co. | Appellant | Active |
| Ernst & Young, Alan Lundell | Appellant | Active |
| The Royal Trust Company | Appellant | Active |
| William R. MacNeill, R. Byron Henderson, Gary Billingsley, James G. Engdahl, Jon R. MacNeill | Appellant | Active |
| Ryer, C. Michael | Appellant | Active |
| Gummer, Peter K. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Western Canadian Shopping Centres Inc. | Respondent | Active |
| Muh-Min Lin and Hoi-Wah Wu, representatives of all holders of Class "A", Class "E" and Class "F" Debentures Issued by Western Canadian Shopping Centres Inc. | Respondent | Active |
Counsel
Party: Bennett Jones Verchere
Counsel
David C. Bishop
Scotia Centre
1400 - 700, 2nd St South West
Calgary, Alberta
T2P 4V5
Telephone: (403) 298-1000
FAX: (403) 263-9193
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Schulhauser, Garnet
Counsel
Scotia Centre
1400 - 700, 2nd St South West
Calgary, Alberta
T2P 4V5
Telephone: (403) 298-1000
FAX: (403) 263-9193
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Arthur Anderson & Co.
Counsel
1201 Esso Tower
10060 Jasper Ave
Edmonton, Alberta
T5J 4E5
Telephone: (403) 426-5330
FAX: (403) 428-1066
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Ernst & Young, Alan Lundell
Counsel
1500 - 10180, 101 Street
Edmonton, Alberta
T5J 4K1
Telephone: (780) 423-8500
FAX: (780) 423-2870
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: The Royal Trust Company
Counsel
1400 - 350, 7th Ave SW
Calgary, Alberta
T2P 3N9
Telephone: (403) 260-0352
FAX: (403) 260-0332
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: William R. MacNeill, R. Byron Henderson, Gary Billingsley, James G. Engdahl, Jon R. MacNeill
Counsel
600, 12220 Stony Plain Rd.
Edmonton, Alberta
T5N 3Y4
Telephone: (780) 482-9200
FAX: (780) 482-9100
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Ryer, C. Michael
Counsel
Suite 1010, 606 - 4th Street S.W.
Calgary, Alberta
T2P 1T1
Telephone: (403) 296-2280
FAX: (403) 296-2299
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Gummer, Peter K.
Counsel
2200, 10155 - 102 Street
Edmonton, Alberta
T5J 4G8
Telephone: (780) 497-4800
FAX: (780) 424-3254
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Western Canadian Shopping Centres Inc.
Counsel
Eugene J. Erler
801, 10060 Jasper Avenue
Edmonton, Alberta
T5J 3R8
Telephone: (780) 420-6850
FAX: (780) 425-9185
Agent
Suite 1625
50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: sgrace@macorlaw.com
Party: Muh-Min Lin and Hoi-Wah Wu, representatives of all holders of Class "A", Class "E" and Class "F" Debentures Issued by Western Canadian Shopping Centres Inc.
Counsel
801, 10060 Jasper Avenue
Edmonton, Alberta
T5J 3R8
Telephone: (780) 420-6850
FAX: (780) 425-9185
Agent
Suite 1625
50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: sgrace@macorlaw.com
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 Alberta
9203-10222
see file
Court of Appeal of Alberta (Edmonton)
9603-0542
see file
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