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.
27934
Performance Industries Ltd., et al. v. Sylvan Lake Golf & Tennis Club Ltd., 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) |
|---|---|---|
| 2006-12-12 | Payment out cheque issued, ($598.01) | |
| 2006-11-23 |
Approved order for payment out, (on consent) (sent to Finance Nov. 23/06) - Document not microfilmed but is on file |
|
| 2006-11-17 |
Correspondence received from, Lang Michener re: enclosing approved order for payment out - Document not microfilmed but is on file |
Performance Industries Ltd. |
| 2002-05-08 | Appeal closed | |
| 2002-04-22 | Record returned to the Registrar of the Court of Appeal | |
| 2002-03-14 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2002-03-04 | Copy of formal judgment being prepared | |
| 2002-02-25 | Notice of deposit of judgment sent to all parties | |
| 2002-02-22 |
Judgment on the appeal rendered, CJ L'HD G Ma Bi Arb LeB, The appeal and cross-appeal are dismissed both with costs on a party and party basis. Dismissed, with costs |
|
| 2001-01-02 | Transcript received, (78 pages) | |
| 2000-12-14 | Judgment reserved OR rendered with reasons to follow | |
| 2000-12-14 | Supplemental document, (evidence cites in response) - given in Court by the Respondent (2 pages long) | Sylvan Lake Golf & Tennis Club Ltd. |
| 2000-12-14 | Appellant's condensed book | Performance Industries Ltd. |
| 2000-12-14 |
Hearing of the appeal, 2000-12-14, CJ L'HD G Ma Bi Arb LeB Judgment reserved |
|
| 2000-12-14 | Acknowledgement and consent for video taping of proceedings | |
| 2000-12-06 | Notice of appearance, (Letter Form), from Lang, Michener dated Dec. 6, 2000 | Performance Industries Ltd. |
| 2000-11-24 | Respondent's book of authorities - cross appeal, Completed on: 2000-11-24 | Performance Industries Ltd. |
| 2000-11-24 | Respondent's factum - cross appeal, (see Order dated Aug. 15/00) (new covers requested (style of cause) / received Nov. 29/00), Completed on: 2000-11-24 | Performance Industries Ltd. |
| 2000-11-03 | Respondent's record, Completed on: 2000-11-03 | Sylvan Lake Golf & Tennis Club Ltd. |
| 2000-11-03 | Appellant's book of authorities - cross appeal, Completed on: 2000-11-03 | Sylvan Lake Golf & Tennis Club Ltd. |
| 2000-11-03 | Respondent's book of authorities, Completed on: 2000-11-03 | Sylvan Lake Golf & Tennis Club Ltd. |
| 2000-11-03 | Appellant's factum - cross appeal, (joint), Completed on: 2000-11-03 | Sylvan Lake Golf & Tennis Club Ltd. |
| 2000-11-03 | Respondent's factum, (joint with cross-appeal), Completed on: 2000-11-03 | Sylvan Lake Golf & Tennis Club Ltd. |
| 2000-10-23 | Correspondence received from, B. Beck re: error in Appellants' Record (enclosing pages 1157 to 1166 - corrected Oct. 30/00 by Lang Michener) | Performance Industries Ltd. |
| 2000-10-06 | Order granting leave to appeal, and cross-appeal | |
| 2000-10-05 | Appellant's book of authorities, Completed on: 2000-10-05 | Performance Industries Ltd. |
| 2000-10-05 | Appellant's record, Vol. I to Vol. XIII, Completed on: 2000-10-05 | Performance Industries Ltd. |
| 2000-10-05 | Appellant's factum, (see Order dated Aug. 15/00), Completed on: 2000-10-05 | Performance Industries Ltd. |
| 2000-09-26 | Notice of appearance, (Munaf Mohamed and Lowell Westersund) | Sylvan Lake Golf & Tennis Club Ltd. |
| 2000-09-26 | Appeal court record, (5 boxes and 1 map) (joint with Trial Court Record) | |
| 2000-09-15 | Notice of hearing | Performance Industries Ltd. |
| 2000-09-01 | Correspondence received from, B. Beck adressed to Cout of Appeal of Alberta: requesting that the records be forwarded to S.C. | Performance Industries Ltd. |
| 2000-09-01 |
Appeal hearing scheduled, 2000-12-14 Judgment reserved |
|
| 2000-08-31 | Letter acknowledging receipt of notice of appeal | |
| 2000-08-30 | Notice of deposit for security | Performance Industries Ltd. |
| 2000-08-29 | Notice of appeal, Completed on: 2000-08-30 | Performance Industries Ltd. |
| 2000-08-18 | Notice of cross appeal, Completed on: 2000-08-18 | Sylvan Lake Golf & Tennis Club Ltd. |
| 2000-08-15 | Appeal perfected for hearing, Session beginning on 2000-10-02 | |
| 2000-08-15 | Order on motion to directions, (by the Court) | |
| 2000-08-15 |
Decision on motion for directions, CJ, by the respondent. 1. The appeal and cross-appeal shall be heard with Whiten v. Pilot Insurance Co. (27229) during the week of December 11, 2000. 2. The appellants shall serve and file the appellants' record and factum on or before October 6, 2000; 3. The respondent shall serve and file the respondent's record (if any) and factum on or before November 3, 2000. 4. The appellants shall serve and file their reply factum to the cross-appeal on or before November 24, 2000. Granted, no order as to costs |
|
| 2000-08-15 | Submission of motion for directions, CJ | |
| 2000-08-09 | Reply to motion for directions, (Letter Form), from M. Mohamed dated Aug. 9, 2000 (fax copy) re: will not be making any other submissions, Completed on: 2000-08-09 | Sylvan Lake Golf & Tennis Club Ltd. |
| 2000-08-08 | Response to motion for directions, (affidavit of T. O'Connor) - 1 copy, Completed on: 2000-08-08 | Terrance O'Connor |
| 2000-08-08 | Response to motion for directions, book form (returned for corrections Aug. 9/00 - back same day), Completed on: 2000-08-08 | Performance Industries Ltd. |
| 2000-07-13 | Motion for directions, (to be heard in conjunction with the appeal Whiten v. Pilot Inc. (27229) - book form, Completed on: 2000-07-13 | Sylvan Lake Golf & Tennis Club Ltd. |
| 2000-07-07 | Notice of deposit of judgment issued to all parties | |
| 2000-07-06 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted with costs. Granted, with costs |
|
| 2000-07-06 |
Decision on motion to expedite the application for leave to appeal, The motion to expedite is granted with costs. Granted, with costs |
|
| 2000-07-06 |
Judgment of the Court on the application for leave to cross-appeal, The application for leave to cross-appeal is granted with costs. Granted, with costs |
|
| 2000-06-22 | Reply to the memorandum in response to the argument on cross-appeal, (sent to the judges on June 23, 2000), Completed on: 2000-06-22 | Sylvan Lake Golf & Tennis Club Ltd. |
| 2000-06-21 | All material on the application for leave to cross-appeal submitted to the Judges, L'HD Ia Bi | |
| 2000-06-21 | Submission of motion to expedite the application for leave to appeal, L'HD Ia Bi | |
| 2000-06-21 | All materials on application for leave submitted to the Judges, L'HD Ia Bi | |
| 2000-06-16 | Correspondence received from, B. Beck dated June 15, 2000 re: procedural history of this matter to clarify the status of this file | Performance Industries Ltd. |
| 2000-06-16 | Memorandum of argument in response to the cross-appeal, Completed on: 2000-06-16 | Performance Industries Ltd. |
| 2000-06-16 | Applicant's reply to respondent's argument, Completed on: 2000-06-16 | Performance Industries Ltd. |
| 2000-06-12 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2000-06-09 | Respondent's response on the application for leave to appeal, Completed on: 2000-06-09 | Sylvan Lake Golf & Tennis Club Ltd. |
| 2000-06-05 | Response to the motion to expedite the application for leave to appeal, (Letter Form), Completed on: 2000-06-05 | Performance Industries Ltd. |
| 2000-05-31 | Application for leave to cross-appeal, Completed on: 2000-05-31 | Sylvan Lake Golf & Tennis Club Ltd. |
| 2000-05-31 | Motion to expedite the application for leave to appeal, (included in leave to cross-appeal), Completed on: 2000-05-31 | Sylvan Lake Golf & Tennis Club Ltd. |
| 2000-05-25 | Application for leave to appeal, (C/A Order filed May 26/00), Completed on: 2000-05-26 | Performance Industries Ltd. |
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 |
|---|---|---|
| Performance Industries Ltd. | Appellant | Active |
| O'Connor, Terrance | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Sylvan Lake Golf & Tennis Club Ltd. | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Sylvan Lake Golf & Tennis Club Ltd. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Performance Industries Ltd. | Respondent | Active |
| O'Connor, Terrance | Respondent | Active |
Counsel
Party: Performance Industries Ltd.
Counsel
Brian Beck
1400 - 350, 7th Avenue S.W.
Calgary, Alberta
T2P 3N9
Telephone: (403) 260-0135
FAX: (403) 260-0332
Email: drh@bdplaw.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: O'Connor, Terrance
Counsel
Brian Beck
1400 - 350, 7th Avenue S.W.
Calgary, Alberta
T2P 3N9
Telephone: (403) 260-0135
FAX: (403) 260-0332
Email: drh@bdplaw.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Sylvan Lake Golf & Tennis Club Ltd.
Counsel
Munaf Mohamed
237 - 4th Avenue S.W.
30th Floor
Calgary, Alberta
T2P 4X7
Telephone: (403) 268-7000
FAX: (403) 268-3100
Agent
1420 - 99 Bank St.
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
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
Court of Queen’s Bench of Alberta
9510-00011
see file
Court of Appeal of Alberta (Calgary)
99-18369
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