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27958

Vancouver College Limited, et al. v. The Christian Brothers of Ireland in Canada (in liquidation), et al.

(Ontario) (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)
2002-06-26 Close file on Leave
2002-06-13 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2002-05-24 Copy of formal judgment on leave being prepared
2002-05-24 Notice of deposit of judgment on motion for reconsideration issued to all parties
2002-05-23 Decision on the motion for reconsideration of the application for leave to appeal
Dismissed
2002-04-29 Submission of motion for reconsideration of the application for leave to appeal to panel, CJ Ia Ma
2002-02-04 Order on miscellaneous motion
2002-01-28 Decision on the miscellaneous motion, Ma, on behalf of the applicants for an order accepting the combined application for leave to appeal and application for reconsideration in 27958.
Granted
2002-01-28 Submission of miscellaneous motion, Ma
2002-01-25 Reply to miscellaneous motion, book form (joint), Completed on: 2002-01-25 St. Thomas More Collegiate Ltd.
2002-01-21 Response to miscellaneous motion, (joint with 29000), Completed on: 2002-01-21 The Christian Brothers of Ireland in Canada (in liquidation)
2002-01-07 Notice of miscellaneous motion, (for an order accepting the combined application for reconsideration and a new application for leave to appeal in file 29000)(joint) - 3 copies - book form, Completed on: 2002-01-07 Vancouver College Limited
2001-12-27 Reply to motion for reconsideration of the application for leave to appeal, Completed on: 2001-12-27 Vancouver College Limited
2001-12-20 Book of authorities, re: reconsideration - 5 copies, Completed on: 2001-12-20 Representative Counsel for Persons Having Claims as a Result of Physical, Sexual or Emotional Assault or Abuse or Who Otherwise Have Tort Claims in the Liquidation
2001-12-18 Response to motion for reconsideration of the application for leave to appeal, Completed on: 2001-12-18 Representative Counsel for Persons Having Claims as a Result of Physical, Sexual or Emotional Assault or Abuse or Who Otherwise Have Tort Claims in the Liquidation
2001-12-18 Book of authorities, re: reconsideration - 5 copies, Completed on: 2001-12-18 The Attorney General for Newfoundland and Labrador
2001-12-18 Response to motion for reconsideration of the application for leave to appeal, 5 copies, Completed on: 2001-12-18 The Attorney General for Newfoundland and Labrador
2001-12-18 Book of authorities, re: reconsideration - 5 copies, Completed on: 2001-12-18 The Christian Brothers of Ireland in Canada (in liquidation)
2001-12-18 Response to motion for reconsideration of the application for leave to appeal, 5 copies, Completed on: 2001-12-18 The Christian Brothers of Ireland in Canada (in liquidation)
2001-11-20 Correspondence received from, G. MacIntosh dated Nov. 19, 2001 (fax copy) re: combined leave application in file 29000 with motion for reconsideration (joint with 29000) Vancouver College Limited
2001-11-19 Book of authorities, (joint authorities with new application in file no. 29000) - 5 copies, Completed on: 2001-11-19 Vancouver College Limited
2001-11-19 Motion for reconsideration of the application for leave to appeal, 7 copies of vol. 1 to 3 (joint with new application for leave to appeal in file no. 29000) P.S. - the arguments on reconsideration in vol. 3 of joint application, Completed on: 2001-11-19 Vancouver College Limited
2001-03-05 Close file on Leave
2001-03-03 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2001-02-13 Copy of formal judgment on leave being prepared
2000-11-17 Notice of deposit of judgment issued to all parties
2000-11-16 Judgment of the Court on the application for leave to appeal, The applications for leave to appeal are dismissed.
Dismissed, no order as to costs
2000-10-23 All materials on application for leave submitted to the Judges, CJ Ia Ma
2000-10-23 Submission of motion to expedite the application for leave to appeal, CJ Ia Ma
2000-09-07 Correspondence received from, R. Sugden dated Sept. 6, 2000 re: adopts the submissions of G. MacIntosh and Mr. Finkelstein contained in their letters dated Aug. 15, and Aug. 17, 2000 St. Thomas More Collegiate Ltd.
2000-08-30 Correspondence received from, N. Finkelstein dated Aug. 17, 2000 re: requesting that the decision of Madam Justice Levine of B.C. be placed before the panel (decision already filed by the other applicant) Representative Counsel for the Charitable Objects of the Christian Brothers of Ireland
2000-08-16 Correspondence received from, G. Macintosh dated Aug. 15, 2000 re: enclosing a decision of S.C.B.C. in "Rowland v. Vancouver College" dated Aug. 11, 2000 Vancouver College Limited
2000-08-09 Applicant's reply to respondent's argument, Completed on: 2000-08-09 St. Thomas More Collegiate Ltd.
2000-08-09 Applicant's reply to respondent's argument, Completed on: 2000-08-09 Vancouver College Limited
2000-08-09 Respondent's response on the application for leave to appeal, (Letter Form), from Burke-Robertson dated Aug. 9, 2000 (fax copy) re: does not intend to response, Completed on: 2000-08-09 The Attorney General for Newfoundland and Labrador
2000-08-08 Book of authorities, Completed on: 2000-08-08 Representative Counsel for Persons Having Claims as a Result of Physical, Sexual or Emotional Assault or Abuse or Who Otherwise Have Tort Claims in the Liquidation
2000-08-08 Respondent's response on the application for leave to appeal, (responding to 3 applications), Completed on: 2000-08-08 Representative Counsel for Persons Having Claims as a Result of Physical, Sexual or Emotional Assault or Abuse or Who Otherwise Have Tort Claims in the Liquidation
2000-08-01 Correspondence received from, D. Wingfield dated July 31, 2000 re: consent to have the same agent with A. G. Nfld. The Christian Brothers of Ireland in Canada (in liquidation)
2000-08-01 Book of authorities, Completed on: 2000-08-01 The Christian Brothers of Ireland in Canada (in liquidation)
2000-08-01 Respondent's response on the application for leave to appeal, (joint response), Completed on: 2000-08-01 The Christian Brothers of Ireland in Canada (in liquidation)
2000-06-12 Letter acknowledging receipt of an incomplete application for leave to appeal
2000-06-09 Book of authorities, (with third application), Completed on: 2000-06-09 Representative Counsel for the Charitable Objects of the Christian Brothers of Ireland
2000-06-09 Application for leave to appeal, (third application) (C/A order missing - filed June 12/00), Completed on: 2000-06-12 Representative Counsel for the Charitable Objects of the Christian Brothers of Ireland
2000-06-08 Application for leave to appeal, (second application)(C/A order missing - filed June 12/00), Completed on: 2000-06-12 St. Thomas More Collegiate Ltd.
2000-06-07 Motion to expedite the application for leave to appeal, (Included in leave book), Completed on: 2000-06-07 Vancouver College Limited
2000-06-07 Application for leave to appeal, (first application)(C/A order missing - filed June 12/00)(page 260A of reasons for judgment of C.A. received on July 27 and to be added on leave book), Completed on: 2000-06-12 Vancouver College Limited
2000-06-07 Correspondence received from, H. Brown; requesting leave to appeal be expedited. Vancouver College Limited

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
Vancouver College Limited Applicant Active
St. Thomas More Collegiate Ltd. Applicant Active
Representative Counsel for the Charitable Objects of the Christian Brothers of Ireland Applicant Active
Burnell, John Applicant Active

v.

Main parties - Respondents
Name Role Status
The Christian Brothers of Ireland in Canada (in liquidation) Respondent Active
Representative Counsel for Persons Having Claims as a Result of Physical, Sexual or Emotional Assault or Abuse or Who Otherwise Have Tort Claims in the Liquidation Respondent Active
The Attorney General for Newfoundland and Labrador Respondent Active

Counsel

Party: Vancouver College Limited

Counsel
Names
George K. MacIntosh, Q.C.
Lisa A. Warren
Contact information
Farris, Vaughan, Wills & Murphy
2600 - 700 Georgia St. West
P.O. Box 10026
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 661-9332
FAX: (604) 661-9349
Email: gmacintosh@farris.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com

Party: Representative Counsel for the Charitable Objects of the Christian Brothers of Ireland

Counsel
Names
Neil Finkelstein
Sandra Forbes
Brian Smith
Contact information
Blake, Cassels & Graydon LLP
Commerce Court West
P.O. Box 25, 28th Floor
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2266
FAX: (416) 863-2653
Email: neil.finkelstein@blakes.com
Agent
Name
Carole J. Brown
Contact information
Borden Ladner Gervais LLP
World Exchange Plaza
1100 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: cbrown@blgcanada.com

Party: St. Thomas More Collegiate Ltd.

Counsel
Names
Richard R. Sugden, Q.C.
Robin McFee
Contact information
Sugden, McFee & Roos
200 - 375 Water St.
Vancouver, British Columbia
V6B 5C6
Telephone: (604) 687-7700
FAX: (604) 687-5596
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com

Party: Burnell, John

Counsel
Names
Richard R. Sugden, Q.C.
Robin N. McFee
Contact information
Sugden, McFee & Roos
200 - 375 Water St.
Vancouver, British Columbia
V6B 5C6
Telephone: (604) 687-7700
FAX: (604) 687-5596
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com

Party: The Christian Brothers of Ireland in Canada (in liquidation)

Counsel
Names
David R. Wingfield
Kim E.D. Snell
John P. Sullivan
Contact information
WeirFoulds LLP
130 King Street, West
Exchange Tower, Suite 1600
Toronto, Ontario
M5X 1J5
Telephone: (416) 365-1110
FAX: (416) 365-1876
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Representative Counsel for Persons Having Claims as a Result of Physical, Sexual or Emotional Assault or Abuse or Who Otherwise Have Tort Claims in the Liquidation

Counsel
Name
Douglas G. Garbig
Contact information
Roebuck, Garbig
3200 - 401 Bay Street
Toronto, Ontario
M5H 2Y4
Telephone: (416) 862-7822
FAX: (416) 862-2568

Party: The Attorney General for Newfoundland and Labrador

Counsel
Name
Donald Burrage
Contact information
Attorney General of Newfoundland and Labrador
Confederation Building
P.O. Box 8700
St. John's, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-0288
FAX: (709) 729-2129
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

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 27, 1998
Ontario Superior Court of Justice

98-CL-002670

see file

April 10, 2000
Court of Appeal for Ontario

C29290

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

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

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

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Webcasts

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Date modified: 2025-02-27