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Case information

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28607

Bank of Montreal v. Ernst & Young Inc., in its capacity as Receiver and Manager of 373409 Alberta Ltd. and Province of Alberta Treasury Branches

(Alberta) (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)
2003-10-20 Discontinuance of the bill of costs, (Letter Form), from J. K. McFadyen dated Oct. 15, 2003 Bank of Montreal
2003-08-27 Payment out cheque issued, $523.69
2003-08-19 Approved order for payment out, sent to Finance Aug. 21/03
2003-06-27 Bill of costs, Completed on: 2003-10-20 Bank of Montreal
2003-02-05 Record returned to the Registrar of the Court of Appeal
2002-12-17 Appeal closed
2002-12-13 Judgment on appeal and notice of deposit of judgment sent to all parties
2002-12-12 Judgment on the appeal rendered, G Ia Ma Ba Bi Arb LeB, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 9903-0166-AC, dated March 21, 2001, heard on October 1, 2002 is allowed with costs and the judgments of the Alberta Court of Appeal and the Alberta Court of Queen's Bench are set aside.
Allowed, with costs
2002-10-18 Transcript received
2002-10-01 Appellant's condensed book Bank of Montreal
2002-10-01 Judgment reserved OR rendered with reasons to follow
2002-10-01 Hearing of the appeal, 2002-10-01, (V050), G Ia Ma Ba Bi Arb LeB
Judgment reserved
2002-10-01 Acknowledgement and consent for video taping of proceedings
2002-09-26 Correspondence received from, Eugene Meehan, Q.C. dated Sept. 26/02 with missing page 16 of the CA judgment omitted from the Appellant's Record Bank of Montreal
2002-09-19 Notice of appearance, (fax copy) Bank of Montreal
2002-09-09 Appeal hearing scheduled, 2002-10-01
Judgment reserved
2002-08-16 Notice of hearing Bank of Montreal
2002-03-11 Appeal perfected for hearing, Session beginning on 2002-09-30
2002-03-08 Respondent's book of authorities, Completed on: 2002-03-08 Ernst & Young Inc., in its capacity as Receiver and Manager of 373409 Alberta Ltd. and Province of Alberta Treasury Branches
2002-03-08 Respondent's record, Completed on: 2002-03-08 Ernst & Young Inc., in its capacity as Receiver and Manager of 373409 Alberta Ltd. and Province of Alberta Treasury Branches
2002-03-08 Respondent's factum, Completed on: 2002-03-08 Ernst & Young Inc., in its capacity as Receiver and Manager of 373409 Alberta Ltd. and Province of Alberta Treasury Branches
2002-01-24 Appellant's book of authorities, Completed on: 2002-01-24 Bank of Montreal
2002-01-24 Appellant's record, Completed on: 2002-01-24 Bank of Montreal
2002-01-24 Appellant's factum, Completed on: 2002-01-24 Bank of Montreal
2001-10-30 Appeal court record, (joint with Trial Record) - 1 box
2001-09-28 Notice of deposit for security Bank of Montreal
2001-09-28 Letter acknowledging receipt of notice of appeal
2001-09-26 Order granting leave to appeal
2001-09-25 Notice of appeal, Completed on: 2001-10-01 Bank of Montreal
2001-09-12 Correspondence (sent by the Court) to, all parties re: tentative scheduling dates
2001-09-07 Notice of deposit of judgment issued to all parties
2001-09-06 Judgment of the Court on the application for leave to appeal
Granted, without costs
2001-07-30 All materials on application for leave submitted to the Judges, G Ma Bi
2001-06-18 Letter acknowledging receipt of a complete application for leave to appeal
2001-06-04 Respondent's response on the application for leave to appeal, Completed on: 2001-06-04 Ernst & Young Inc., in its capacity as Receiver and Manager of 373409 Alberta Ltd. and Province of Alberta Treasury Branches
2001-05-22 Application for leave to appeal, Completed on: 2001-05-22 Bank of Montreal

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
Bank of Montreal Appellant Active

v.

Main parties - Respondents
Name Role Status
Ernst & Young Inc., in its capacity as Receiver and Manager of 373409 Alberta Ltd. and Province of Alberta Treasury Branches Respondent Active

Counsel

Party: Bank of Montreal

Counsel
James K. McFadyen
Parlee McLaws
1500 - 10180, 101 St N.W.
Edmonton, Alberta
T5J 4K1
Telephone: (780) 423-8500
FAX: (780) 423-2870
Email: jmcfadyen@parlee.com
Agent
Eugene Meehan, Q.C.
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca

Party: Ernst & Young Inc., in its capacity as Receiver and Manager of 373409 Alberta Ltd. and Province of Alberta Treasury Branches

Counsel
Douglas Tkachuk
Kelsey Becker
Reynolds, Mirth, Richards & Farmer
3200, 10180 - 101 Street
Edmonton, Alberta
T5J 3W8
Telephone: (780) 425-9510
FAX: (780) 429-3044
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.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

March 17, 1999
Court of Queen’s Bench of Alberta

9703 07203

Respondents' action granted, $29,153.22 damages awarded

March 21, 2001
Court of Appeal of Alberta (Edmonton)

9903-0166-AC

Appeal dismissed

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: 2025-05-13