Case information
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27290
Frans G.A. De Roy and Thierry Van Doosselaere, as Trustees in Bankruptcy of ABC Containerline N.V., et al. v. Holt Cargo Systems Inc.
(Federal) (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) |
|---|---|---|
| 2002-02-18 | Record returned to the Registrar of the Court of Appeal | |
| 2002-01-21 | Appeal closed | |
| 2002-01-17 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2001-12-28 | Copy of formal judgment being prepared | |
| 2001-12-21 | Notice of deposit of judgment sent to all parties | |
| 2001-12-21 | Notice of deposit of judgment sent to all parties | |
| 2001-12-20 |
Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal is dismissed with costs. Dismissed, with costs |
|
| 2001-03-20 | Judgment reserved OR rendered with reasons to follow | |
| 2001-03-20 |
Hearing of the appeal, 2001-03-20, (V030/031), CJ L'HD G Ia Ma Ba Bi Arb LeB Judgment reserved |
|
| 2001-03-20 | Respondent's condensed book, given in Court | Holt Cargo Systems Inc. |
| 2001-03-20 | Appellant's condensed book, given in Court | Frans G.A. De Roy and Thierry Van Doosselaere, as Trustees in Bankruptcy of ABC Containerline N.V. |
| 2001-03-20 | Acknowledgement and consent for video taping of proceedings | |
| 2001-03-12 | Notice of appearance | Frans G.A. De Roy and Thierry Van Doosselaere, as Trustees in Bankruptcy of ABC Containerline N.V. |
| 2001-02-14 | Correspondence received, M.E. Meland; re: order of presentation at the hearing (joint with 27905) | |
| 2000-12-08 | Notice of hearing | Frans G.A. De Roy and Thierry Van Doosselaere, as Trustees in Bankruptcy of ABC Containerline N.V. |
| 2000-12-01 |
Appeal hearing scheduled, 2001-03-20 Judgment reserved |
|
| 2000-09-29 | Order on motion to adjourn the hearing of the appeal | |
| 2000-09-28 |
Decision on motion to adjourn the hearing of the appeal, CJ, 1. The hearing of the appeal in file 27290 set down for Tuesday, November 7, 2000 is postponed to a date to be fixed for the hearing of the appeal in 27905; 2. The appeals in files 27290 and 27905 are joined for a common hearing; 3. A copy of this Order is to be put on file 27905 and counsel for the parties in that file are to be notified. Granted, no order as to costs |
|
| 2000-09-26 | Submission of motion to adjourn the hearing of the appeal, CJ | |
| 2000-09-15 | Motion to adjourn the hearing of the appeal, and Join Appeals for Common Hearing (book form), Completed on: 2000-09-15 | Frans G.A. De Roy and Thierry Van Doosselaere, as Trustees in Bankruptcy of ABC Containerline N.V. |
| 2000-09-07 | Correspondence (sent by the Court) to, Jane O'Neill from A. Roland re: is authorized to appear as junior counsel | |
| 2000-09-01 | General proceeding, Previously scheduled for Oct. 11 | Frans G.A. De Roy and Thierry Van Doosselaere, as Trustees in Bankruptcy of ABC Containerline N.V. |
| 2000-08-24 | Correspondence received from, David G. Colford (by fax) dated August 24/00 in response to Ms. O'Neill's letter of August 23/00 re: no objection | Frans G.A. De Roy and Thierry Van Doosselaere, as Trustees in Bankruptcy of ABC Containerline N.V. |
| 2000-08-24 | Correspondence received from, Jane O'Neill (by fax) dated August 23/00 re: served as law clerk and seeks permission to appear before the Court | Holt Cargo Systems Inc. |
| 2000-08-17 | General proceeding, Notice of Change of Address | Frans G.A. De Roy and Thierry Van Doosselaere, as Trustees in Bankruptcy of ABC Containerline N.V. |
| 2000-08-17 | Correspondence received from, (by fax) from David Colford; re: companion case in 27905 | Frans G.A. De Roy and Thierry Van Doosselaere, as Trustees in Bankruptcy of ABC Containerline N.V. |
| 2000-07-06 | Appeal court record, (2 boxes) | |
| 2000-06-20 | Appeal perfected for hearing, Session beginning on 2001-01-15, (previously inscribed for the Fall Session) | |
| 2000-06-19 | Respondent's book of authorities, (returned for corrections June 27/00 / new covers requested - back from corrections June 29/00), Completed on: 2000-06-19 | Holt Cargo Systems Inc. |
| 2000-06-19 | Respondent's factum, (returned for corrections June 27/00 / new covers requested - back from corrections June 29/00), Completed on: 2000-06-19 | Holt Cargo Systems Inc. |
| 2000-05-24 | Correspondence received from, (by fax) from Lang; re: lower courts records | Frans G.A. De Roy and Thierry Van Doosselaere, as Trustees in Bankruptcy of ABC Containerline N.V. |
| 2000-04-25 | Appellant's book of authorities, Completed on: 2000-04-25 | Frans G.A. De Roy and Thierry Van Doosselaere, as Trustees in Bankruptcy of ABC Containerline N.V. |
| 2000-04-25 | Appellant's record, Completed on: 2000-04-25 | Frans G.A. De Roy and Thierry Van Doosselaere, as Trustees in Bankruptcy of ABC Containerline N.V. |
| 2000-04-25 | Appellant's factum, Completed on: 2000-04-25 | Frans G.A. De Roy and Thierry Van Doosselaere, as Trustees in Bankruptcy of ABC Containerline N.V. |
| 2000-01-17 | Letter acknowledging receipt of notice of appeal | |
| 2000-01-04 | Order granting leave to appeal | |
| 1999-12-24 | Notice of deposit for security | Frans G.A. De Roy and Thierry Van Doosselaere, as Trustees in Bankruptcy of ABC Containerline N.V. |
| 1999-12-24 | Notice of appeal, Completed on: 1999-12-24 | Frans G.A. De Roy and Thierry Van Doosselaere, as Trustees in Bankruptcy of ABC Containerline N.V. |
| 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 application for leave to appeal is granted. Granted, no order as to costs |
|
| 1999-12-08 | Correspondence received from, D. G. Colford dated Dec. 8/99 (by fax) re: if his correspondence dated Nov. 5/99 was submitted to panel (sent to panel 08/12/99) | Frans G.A. De Roy and Thierry Van Doosselaere, as Trustees in Bankruptcy of ABC Containerline N.V. |
| 1999-12-03 | Correspondence received from, (by fax) from D. Colford; re: C.A. Quebec heard the appeal on Nov. 11 and reserved judgment (original filed Dec. 6) (sent to panel Dec. 6) | Frans G.A. De Roy and Thierry Van Doosselaere, as Trustees in Bankruptcy of ABC Containerline N.V. |
| 1999-11-10 | Correspondence received from, T. Hart dated Nov. 8, 1999 re: in response to the applicants' letter dated Nov. 5, 1999 sent to M Bi A Nov. 15/1999. | Holt Cargo Systems Inc. |
| 1999-11-08 | All materials on application for leave submitted to the Judges, Ma Bi Arb | |
| 1999-11-08 | Correspondence received from, D.G. Colford dated Nov. 5/99 re: requests that the Court delay the issuance of its decision on Leave Application | Frans G.A. De Roy and Thierry Van Doosselaere, as Trustees in Bankruptcy of ABC Containerline N.V. |
| 1999-06-10 | Applicant's reply to respondent's argument, Completed on: 1999-06-10 | Frans G.A. De Roy and Thierry Van Doosselaere, as Trustees in Bankruptcy of ABC Containerline N.V. |
| 1999-06-02 | Respondent's response on the application for leave to appeal, (service received on June 3, 1999)(fax copy), Completed on: 1999-06-07 | Holt Cargo Systems Inc. |
| 1999-05-28 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 1999-05-11 | Application for leave to appeal, fee missing (filing fee received on June 4, 1999), Completed on: 1999-06-04 | Frans G.A. De Roy and Thierry Van Doosselaere, as Trustees in Bankruptcy of ABC Containerline N.V. |
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 |
|---|---|---|
| Frans G.A. De Roy and Thierry Van Doosselaere, as Trustees in Bankruptcy of ABC Containerline N.V. | Appellant | Active |
| the Owners, Charterers and all others interested in the Ship "Brussel" and the Ship "Brussel" | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Holt Cargo Systems Inc. | Respondent | Active |
Counsel
Party: Frans G.A. De Roy and Thierry Van Doosselaere, as Trustees in Bankruptcy of ABC Containerline N.V.
Counsel
2020 University
Suite 444
Montréal, Quebec
H3A 2A5
Telephone: (514) 393-3700
FAX: (514) 393-1211
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: bsinclair@langmichener.ca
Party: the Owners, Charterers and all others interested in the Ship "Brussel" and the Ship "Brussel"
Counsel
2020 University
Suite 444
Montréal, Quebec
H3A 2A5
Telephone: (514) 393-3700
FAX: (514) 393-1211
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: bsinclair@langmichener.ca
Party: Holt Cargo Systems Inc.
Counsel
Jane O'Neill
1601, Lower Water Street
P.O. Box 730
Halifax, Nova Scotia
B3J 2V1
Telephone: (902) 425-6500
FAX: (902) 425-6350
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.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.
None.
Lower court rulings
Federal Court of Canada, Trial Division
T-738-96
see file
Federal Court of Appeal
A-307-97
Appeal dismissed
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
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Related links
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
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