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.
28199
Fellowes, McNeil v. Kansa General International Insurance Company Ltd., et al.
(Ontario) (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) |
|---|---|---|
| 2002-08-20 | Record returned to the Registrar of the Court of Appeal | |
| 2002-05-15 | Correspondence (sent by the Court) to, all parties; re: Court will not hear this appeal | |
| 2002-05-13 | Appeal closed | |
| 2002-05-09 | Correspondence received from, A. Burke Doran dated May 9/02 (by fax) re: in response to Mr. Mew's letter dated May 8/02 (sent to the judges May 9/02) (Original rec'd May 13/02) | Kansa General International Insurance Company Ltd. |
| 2002-05-08 | Correspondence received from, G. Mew dated May 8/02 (by fax) re: discontinuance - whether appeal should be heard or not (original rec'd May 9/02) (sent to the judges May 9/02) | Fellowes, McNeil |
| 2002-05-08 | Discontinuance of the appeal, (sent to the judges May 9/02) | Fellowes, McNeil |
| 2002-05-07 | Notice of appearance, (fax copy) | The Advocates' Society |
| 2002-03-25 | Order on motion for leave to intervene, (15 MINUTES ORAL ARGUMENT GRANTED TO ADVOCATES' SOCIETY BY ARBOUR J.) | |
| 2002-03-12 | Notice of hearing | Fellowes, McNeil |
| 2002-03-08 | Appeal hearing scheduled, 2002-05-16 | |
| 2002-01-31 | Intervener's factum, Completed on: 2002-01-31 | The Advocates' Society |
| 2002-01-02 | Appeal perfected for hearing, Session beginning on 2002-04-15 | |
| 2001-12-21 | Respondent's book of authorities, Completed on: 2001-12-21 | Kansa General International Insurance Company Ltd. |
| 2001-12-21 | Respondent's factum, Completed on: 2001-12-21 | Kansa General International Insurance Company Ltd. |
| 2001-12-21 | Respondent's record, Completed on: 2001-12-21 | Kansa General International Insurance Company Ltd. |
| 2001-11-19 | Order on motion to extend time | |
| 2001-11-19 |
Decision on motion to extend time, Reg, to serve and file the appellants' record and book of authorities to Oct. 25, 2001, nunc pro tunc. and their factum to Oct. 30, 2001, nunc pro tunc. Granted, no order as to costs |
|
| 2001-11-19 | Submission of motion to extend time, Reg | |
| 2001-11-09 | Motion to extend time, to file the record and authorities to Oct. 25, 2001 and factum to Oct. 30, 2001 - 1 copy, Completed on: 2001-11-09 | Fellowes, McNeil |
| 2001-10-30 | Appellant's factum, (extension of time requested), Completed on: 2001-10-30 | Fellowes, McNeil |
| 2001-10-25 | Appellant's book of authorities, (extension of time requested), Completed on: 2001-10-25 | Fellowes, McNeil |
| 2001-10-25 | Appellant's record, (Vols. 1 and 2)(extension of time requested), Completed on: 2001-11-08 | Fellowes, McNeil |
| 2001-10-19 | Order granting leave to appeal | |
| 2001-10-19 | Order on motion for leave to intervene, (by the Court) | |
| 2001-10-19 |
Decision on the motion for leave to intervene, Arb, by THE ADVOCATES' SOCIETY. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the intervention. Granted, no order as to costs |
|
| 2001-10-19 |
Decision on motion to extend time, Arb, to serve and file the respondents' response to the motion for leave to intervene of The Advocates' Society to Sept. 20, 2001. Granted, no order as to costs |
|
| 2001-10-19 | Submission of motion to extend time, Arb | |
| 2001-10-19 | Submission of motion for leave to intervene, Arb | |
| 2001-09-20 | Motion to extend time, to serve and file the response to the motion to intervene to Sept. 20/01 (joint with response- book form), Completed on: 2001-09-20 | Kansa General International Insurance Company Ltd. |
| 2001-09-20 | Response to the motion for leave to intervene, joint with motion to extend time (book form), Completed on: 2001-09-20 | Kansa General International Insurance Company Ltd. |
| 2001-09-18 | Correspondence received from, (Letter Form), Eugene Meehan re: will include an extension of time in his response to the intervention. | Kansa General International Insurance Company Ltd. |
| 2001-09-12 | Correspondence received from, C. Elkin dated Sept. 6/01 re: to confirm that Lang Michener are the solicitors for the respondents | Kansa General International Insurance Company Ltd. |
| 2001-08-28 | Motion for leave to intervene, (book form), Completed on: 2001-08-28 | The Advocates' Society |
| 2001-06-12 | Appeal court record, (1 box) | |
| 2001-06-11 | Notice of deposit for security | Fellowes, McNeil |
| 2001-06-06 | Letter acknowledging receipt of notice of appeal | |
| 2001-06-01 | Notice of appeal, Completed on: 2001-06-11 | Fellowes, McNeil |
| 2001-05-18 | Notice of deposit of judgment issued to all parties | |
| 2001-05-17 |
Judgment of the Court on the application for leave to appeal Granted, no order as to costs |
|
| 2001-04-09 | All materials on application for leave submitted to the Judges, G Ma Bi | |
| 2000-12-20 | Applicant's reply to respondent's argument, Completed on: 2000-12-20 | Fellowes, McNeil |
| 2000-12-11 | Respondent's response on the application for leave to appeal, Completed on: 2000-12-11 | Kansa General International Insurance Company Ltd. |
| 2000-11-25 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2000-11-09 | Book of authorities, (Vols. 1 and 2), Completed on: 2000-11-09 | Fellowes, McNeil |
| 2000-11-09 | Application for leave to appeal, (CA order missing) (Vols. 1 and 2)(formal order of C.A. received on Dec. 8, 2000), Completed on: 2000-12-13 | Fellowes, McNeil |
| 2000-10-23 | Correspondence received from, H. Perkins-McVey confirming that there is no publication ban. (by fax) | Fellowes, McNeil |
| 2000-10-16 | Notice of application for leave to appeal | Fellowes, McNeil |
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 |
|---|---|---|
| Fellowes, McNeil | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Kansa General International Insurance Company Ltd. | Respondent | Active |
| Kansa Canadian Management Services Inc. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| The Advocates' Society | Intervener | Active |
Counsel
Party: Fellowes, McNeil
Counsel
Peter E. Manderville
Earl A. Cherniak, Q.C.
Kirk F. Stevens
4900 Commerce Court West
Box 438, Stn. Commerce Court
Toronto, Ontario
M5L 1J3
Telephone: (416) 369-4941
FAX: (416) 369-7250
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Kansa General International Insurance Company Ltd.
Counsel
Clive Elkin
E. Llana Nakonechny
Eugene Meehan, Q.C.
1206 - 2 St. Clair Avenue East
Toronto, Ontario
M4T 2T5
Telephone: (416) 929-6108
FAX: (416) 929-2205
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: Kansa Canadian Management Services Inc.
Counsel
1206 - 2 St. Clair Avenue East
Toronto, Ontario
M4T 2T5
Telephone: (416) 929-6108
FAX: (416) 929-2205
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: The Advocates' Society
Counsel
2600 - 130 Adelaide St. W.
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-3090
FAX: (416) 865-9010
Email: alenczner@lsrsg.com
Agent
60 Queen Street
Suite 1000
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
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
Ontario Superior Court of Justice
94-CU-78160CM
Appellant ordered to pay the Respondent the sum of $6,064,838.00, pre-judgment interest plus costs for two phases of the counterclaim
Court of Appeal for Ontario
C30847
The Court would dismiss the appeal in the Little mini-trial, allow the appeal in the Uniroyal mini-trial and, bearing in mind the result, allow the respondent two-thirds of its costs of this appeal.
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