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.
27410
Martin Richard McKinley, et al. v. BC TEL, et al.
(British Columbia) (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) |
|---|---|---|
| 2001-09-06 | Record returned to the Registrar of the Court of Appeal | |
| 2001-08-07 | Appeal closed | |
| 2001-07-24 | Payment out cheque issued, Cheque 275201100968 in the amount of $525.92 paid to Tevlin, Gleadle | |
| 2001-07-10 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2001-07-09 | Approved order for payment out, (Sent to Finance 11/07/2001) | |
| 2001-06-29 | Copy of formal judgment being prepared | |
| 2001-06-29 | Notice of deposit of judgment sent to all parties | |
| 2001-06-28 |
Judgment on the appeal rendered, CJ L'HD Ia Ma Ba Bi Arb, The appeal is allowed. The judgment of the British Columbia Court of Appeal is set aside. The order of Paris J. is restored, with the exception of the award for aggravated damages, which is struck. The cross-appeal is dismissed. Costs are granted to the appelant here and in the courts below. Allowed, costs in this Court and courts below |
|
| 2001-02-09 | Transcript received, (65 pages) | |
| 2001-01-24 |
Hearing of the appeal, 2001-01-24, (V008), CJ L'HD Ia Ma Ba Bi Arb Judgment reserved |
|
| 2001-01-24 | Acknowledgement and consent for video taping of proceedings | |
| 2001-01-24 |
Respondent's condensed book, 10 copies |
BC TEL |
| 2001-01-23 | Appellant's condensed book, 10 copies | Martin Richard McKinley |
| 2001-01-22 | Trial court record, (amended trial record)(documents of 29 pages) | |
| 2001-01-12 | Respondent's book of authorities, (additional) - 13 copies, Completed on: 2001-01-12 | BC TEL |
| 2001-01-09 | Notice of appearance, (Letter Form), from M. Tevlin dated Jan. 8, 2001 (fax copy) | Martin Richard McKinley |
| 2001-01-02 | Appeal court record, (1 envelope) | |
| 2001-01-02 | Correspondence received from, M. Tevlin dated Dec. 12, 2000 re: Appeal and Trial records be forwarded to S.C. | Martin Richard McKinley |
| 2000-12-01 |
Appeal hearing scheduled, 2001-01-24 Judgment reserved |
|
| 2000-11-07 | Notice of change of counsel, from Harris & Company to Tevlin, Gleadle effective Dec. 1/00 | Martin Richard McKinley |
| 2000-10-30 | Respondent's factum - cross appeal, Completed on: 2000-10-30 | Martin Richard McKinley |
| 2000-10-27 | Order on motion to file a lengthy factum | |
| 2000-10-27 |
Decision on motion to file a lengthy factum, Reg, by the respondents/appellants on cross-appeal in its present format of 57 pages. Granted, no order as to costs |
|
| 2000-10-27 | Submission of motion to file a lengthy factum, Reg | |
| 2000-10-26 | Response to the motion to file a lengthy factum, (Letter Form), from D.M. Tevlin dated Oct. 26/00 (by fax), Completed on: 2000-10-26 | BC TEL |
| 2000-10-24 | Motion to file a lengthy factum, namely 57 pages in length (52 pages for Factum and 5 pages Factum on Cross-Appeal), Completed on: 2000-10-24 | BC TEL |
| 2000-10-19 | Correspondence received from, Gowlings; re: parties available the week of January 22, 2001 | BC TEL |
| 2000-10-17 | Appeal perfected for hearing, Session beginning on 2001-01-15 | |
| 2000-10-16 | Respondent's book of authorities, Completed on: 2000-10-16 | BC TEL |
| 2000-10-16 | Respondent's record, Completed on: 2000-10-16 | BC TEL |
| 2000-10-16 | Appellant's factum - cross appeal, (joint with Respondent's Factum), Completed on: 2000-10-16 | BC TEL |
| 2000-10-16 | Respondent's factum, (joint with factum on Cross-Appeal) (Respondent's Factum exceeds 40 pages - motion requested), Completed on: 2000-10-24 | BC TEL |
| 2000-08-22 | Appellant's book of authorities, Completed on: 2000-08-22 | Martin Richard McKinley |
| 2000-08-22 | Appellant's record, Vol. I to III, Completed on: 2000-08-22 | Martin Richard McKinley |
| 2000-08-22 | Appellant's factum, Completed on: 2000-08-22 | Martin Richard McKinley |
| 2000-06-08 | Notice of deposit for security, ( Security Deposit #2523 paid June 8/00 and $10.00 fee paid June 12/00) | Martin Richard McKinley |
| 2000-05-15 | Notice of cross appeal, Completed on: 2000-05-15 | BC TEL |
| 2000-05-02 | Order granting leave to appeal | |
| 2000-05-02 | Letter acknowledging receipt of notice of appeal | |
| 2000-04-27 | Notice of appeal, (served Ottawa Agent Apr. 27/00 and Respondent's Counsel May 11/00), Completed on: 2000-06-12 | Martin Richard McKinley |
| 2000-04-25 | Notice of deposit of judgment issued to all parties | |
| 2000-04-20 |
Judgment of the Court on the application for leave to cross-appeal Granted, no order as to costs |
|
| 2000-04-20 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal and the application for leave to cross-appeal are granted. Granted, no order as to costs |
|
| 2000-03-13 | All material on the application for leave to cross-appeal submitted to the Judges | |
| 2000-03-13 | All materials on application for leave submitted to the Judges, CJ Ia Ma | |
| 1999-10-04 | Reply to the memorandum in response to the argument on cross-appeal, 6 copies, Completed on: 1999-10-04 | BC TEL |
| 1999-09-29 | Memorandum of argument in response to the cross-appeal, Completed on: 1999-09-29 | Martin Richard McKinley |
| 1999-08-31 | Notice of application for leave to cross-appeal, (CONDITIONAL) (included in Response) | BC TEL |
| 1999-08-31 | Respondent's response on the application for leave to appeal, (Conditional Application for Leave to Cross-Appeal included in Response), Completed on: 1999-08-31 | BC TEL |
| 1999-08-13 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 1999-07-27 | Application for leave to appeal, Completed on: 1999-07-27 | Martin Richard McKinley |
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 |
|---|---|---|
| McKinley, Martin Richard | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| BC TEL | Respondent | Active |
| British Columbia Telephone Company, BC Telecom Inc., BC TEL Services Inc., BC TEL Systems Support Inc., B.C. Mobile Ltd., BC TEL Properties Inc., Canadian Telephones and Supplies Ltd., and TSI Telecommunications Services International Inc. | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| BC TEL | Appellant on cross-appeal | Active |
| British Columbia Telephone Company, BC Telecom Inc., BC TEL Services Inc., BC TEL Systems Support Inc., B.C. Mobile Ltd., BC TEL Properties Inc., Canadian Telephones and Supplies Ltd., and TSI Telecommunications Services International Inc. | Appellant on cross-appeal | Active |
v.
| Name | Role | Status |
|---|---|---|
| McKinley, Martin Richard | Respondent on cross-appeal | Active |
Counsel
Party: McKinley, Martin Richard
Counsel
Geoffrey J. Litherland
Jennifer A. Lamont
111 Smithe Street
Vancouver, British Columbia
V6B 4Z8
Telephone: (604) 648-2966
FAX: (604) 648-2967
Email: mtevlin@tevlingleadle.com
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: BC TEL
Counsel
Karen Shirley Paterson
TD Bank Tower, 26th Floor
700 Georgia Street West
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 661-9312
FAX: (604) 661-9349
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: British Columbia Telephone Company, BC Telecom Inc., BC TEL Services Inc., BC TEL Systems Support Inc., B.C. Mobile Ltd., BC TEL Properties Inc., Canadian Telephones and Supplies Ltd., and TSI Telecommunications Services International Inc.
Counsel
TD Bank Tower, 26th Floor
700 Georgia Street West
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 661-9312
FAX: (604) 661-9349
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.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
Supreme Court of British Columbia
C952949
See file.
Court of Appeal for British Columbia (Vancouver)
CA023982
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
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