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27501

BDO Dunwoody Limited, Trustee of the Estate of Nicole Marie Berthelette, a bankrupt, et al. v. Superintendent of Bankruptcy

(Manitoba) (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)
2001-10-17 Appeal closed
2001-10-16 Record returned to the Registrar of the Court of Appeal
2001-05-25 Discontinuance of the appeal BDO Dunwoody Limited, Trustee of the Estate of Nicole Marie Berthelette, a bankrupt
2001-03-05 Appeal court record, joint with Trial Court Record (1 padded envelope)
2001-01-22 Decision on motion to extend time, to file the appellants' record, factum and authorities to June 8, 2001, Reg
Granted, no order as to costs
2001-01-22 Submission of motion to extend time, Reg
2001-01-09 Response to motion to extend time, (Letter Form), from H. Glinter dated Dec. 20, 2000 (fax copy), Completed on: 2001-01-09 Superintendent of Bankruptcy
2001-01-09 Motion to extend time, to file the factum, record and authorities to June 8, 2001 - 1 copy, Completed on: 2001-01-09 BDO Dunwoody Limited, Trustee of the Estate of Nicole Marie Berthelette, a bankrupt
2000-10-25 Order on motion to extend time
2000-10-11 Decision on motion to extend time, Reg, to serve & file the appellant's factum, record and book of authorities to Feb. 8, 2001.
Granted, no order as to costs
2000-10-11 Submission of motion to extend time, Reg
2000-10-06 Response to motion to extend time, Completed on: 2000-10-06 Superintendent of Bankruptcy
2000-10-06 Motion to extend time, to file the factum, record and authorities to Feb. 8, 2001 - 1 copy, Completed on: 2000-10-06 BDO Dunwoody Limited, Trustee of the Estate of Nicole Marie Berthelette, a bankrupt
2000-06-21 Notice of deposit for security BDO Dunwoody Limited, Trustee of the Estate of Nicole Marie Berthelette, a bankrupt
2000-06-16 Letter acknowledging receipt of notice of appeal
2000-06-15 Order granting leave to appeal
2000-06-08 Notice of appeal, Completed on: 2000-06-23 BDO Dunwoody Limited, Trustee of the Estate of Nicole Marie Berthelette, a bankrupt
2000-05-26 Notice of deposit of judgment issued to all parties
2000-05-25 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
2000-04-26 All materials on application for leave submitted to the Judges, CJ Ia Ma
1999-11-01 Applicant's reply to respondent's argument, (joint reply), Completed on: 1999-11-01 BDO Dunwoody Limited, Trustee of the Estate of Nicole Marie Berthelette, a bankrupt
1999-10-22 Respondent's response on the application for leave to appeal, Completed on: 1999-10-22 Superintendent of Bankruptcy
1999-10-08 Correspondence received from, R. Schwartz dated Oct. 5, 1999 (fax copy) re: certificate of decision has never been taken out BDO Dunwoody Limited, Trustee of the Estate of Nicole Marie Berthelette, a bankrupt
1999-10-08 Correspondence received from, B. Hay dated Oct. 8, 1999 (fax copy) re: will file his response on Oct. 25, 1999 Superintendent of Bankruptcy
1999-09-29 Letter acknowledging receipt of an incomplete application for leave to appeal
1999-09-22 Application for leave to appeal, (C.A. Order missing - spoke to lawyer; re: no order was taken out), Completed on: 1999-10-05 BDO Dunwoody Limited, Trustee of the Estate of Nicole Marie Berthelette, a bankrupt

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
BDO Dunwoody Limited, Trustee of the Estate of Nicole Marie Berthelette, a bankrupt Appellant Active
The Canadian Insolvency Practitioners Association Appellant Active

v.

Main parties - Respondents
Name Role Status
Superintendent of Bankruptcy Respondent Active

Counsel

Party: BDO Dunwoody Limited, Trustee of the Estate of Nicole Marie Berthelette, a bankrupt

Counsel
Richard W. Schwartz
Tapper Cuddy
1000 - 330 St. Mary Avenue
Winnipeg, Manitoba
R3C 3Z5
Telephone: (204) 944-8777
FAX: (204) 947-2593
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: The Canadian Insolvency Practitioners Association

Counsel
D. Wayne Leslie
Fillmore & Riley LLP
1700 - 360 Main Street
Winnipeg, Manitoba
R3C 3Z3
Telephone: (204) 957-8321
FAX: (204) 957-0516
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Superintendent of Bankruptcy

Counsel
Brian H. Hay
Robert Lindey
Attorney General of Canada
301 - 310 Broadway
Winnipeg, Manitoba
R3C 0S6
Telephone: (204) 983-4279
FAX: (204) 984-6488
Agent
Graham R. Garton, Q.C.
Attorney General of Canada
Exchange Tower
130 King Street West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6807
FAX: (416) 973-8253
Email: ggarton@justice.gc.ca

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

February 5, 1998
Court of Queen’s Bench of Manitoba

BK 94-01-40347

See file

June 24, 1999
Court of Appeal of Manitoba

AI 98-30-03664

See file

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