Case information
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28808
Brian S. Heron v. Charles A. Smith
(Nova Scotia) (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) |
|---|---|---|
| 2002-10-25 | Close file on Leave | |
| 2002-10-24 | Affidavit, of John E. MacDonell (supplementary)(fax copy)(original received on Oct. 25, 2002) | Charles A. Smith |
| 2002-10-22 | Reconsideration not accepted for filing | |
| 2002-10-22 | Correspondence received from, J. MacDonell dated Oct. 22, 2002 (fax copy) re: replying to letters from B. Heron | Charles A. Smith |
| 2002-09-10 | Correspondence received from, J. MacDonell dated Sept. 9, 2002 re: enclosing a supplementary affidavit in response to add. documents on reconsideration | Charles A. Smith |
| 2002-09-05 | Correspondence received from, B. Heron (also, correspondance received on Sept. 10, Sept. 17, Sept. 20, Sept. 24, Oct. 10, Oct. 17, Oct. 18, 2002)(fax copies) re: reconsideration | Brian S. Heron |
| 2002-08-21 | Response to motion for reconsideration of the application for leave to appeal, (Letter Form), from J. MacDonell dated August 20, 2002 (also enclosing documents), Incomplete | Charles A. Smith |
| 2002-08-14 | Motion for reconsideration of the application for leave to appeal, (fax copy)(supplement motion received August 21, 2002)(extension of time included), Completed on: 2002-08-21 | Brian S. Heron |
| 2002-07-15 | Judgment on leave sent to the parties | |
| 2002-07-11 | Correspondence received from, B. Heron dated July 7, 2002 (fax copy) | Brian S. Heron |
| 2002-07-11 | Applicant's reply to respondent's argument, (fax copy), Incomplete | Brian S. Heron |
| 2002-07-11 |
Judgment of the Court on the application for leave to appeal, The application for an extension of time and the application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 166921, dated June 20, 2001, are dismissed. Dismissed, no order as to costs |
|
| 2002-07-11 |
Decision on motion to extend time to file and /or serve the leave application Dismissed, no order as to costs |
|
| 2002-07-10 | Correspondence received from, J. MacDonell dated July 10, 2002 (fax copy) re: enclosing a decision of the C.A. of California dated July 2, 2002 - 1 page long (sent to the judges on July 10, 2002) | Charles A. Smith |
| 2002-07-09 | Affidavit, of Glenn Collier and J. MacDonnell re: opposition to the extension of time (sent to the judges on July 10, 2002) | Charles A. Smith |
| 2002-07-09 | Correspondence received from, J. MacDonell dated July 8, 2002 re: opposed the extension of time (sent to the judges on July 10, 2002) | Charles A. Smith |
| 2002-06-26 | Correspondence received from, B. Heron dated June 26, 2002 (fax copy) re: requesting a further extension to July 12, 2002 to file a reply (original received July 4, 2002) - sent to the judges on July 10, 2002 | Brian S. Heron |
| 2002-06-10 | All materials on application for leave submitted to the Judges, CJ Ia Arb | |
| 2002-06-10 | Submission of motion to extend time to file and/ or serve the leave application, CJ Ia Arb | |
| 2002-05-23 | Correspondence received from, J. MacDonell dated May 23, 2002 (fax copy) re: Mr. Heron's letter received May 15, 2002 not served to him | Charles A. Smith |
| 2002-05-15 | Correspondence received from, B. Heron undated (fax copy) re: significant developments have occured in California that have a direct bearing on the application for leave to appeal; will file an extension of time to file an additional brief shortly | Brian S. Heron |
| 2002-05-02 | Correspondence received from, J. MacDonell to B. Heron dated May 1, 2002 re: sending him copy of response, authorities and affidavit dated May 1, 2002 | Charles A. Smith |
| 2002-05-02 | Affidavit, 2 copies of affidavit of J. MacDonell re: service of the response and authorities | Charles A. Smith |
| 2002-04-26 | Correspondence received from, B. Heron dated April 26, 2002 (fax copy) re: has not been served with the response | Brian S. Heron |
| 2002-04-02 | Correspondence received from, J. MacDonell dated April 1, 2002 (fax copy) re: will bring a motion under rule 16(5) - service | Charles A. Smith |
| 2002-02-26 | Correspondence received from, J. MacDonell dated Feb. 26, 2002 (fax copy) re: service of the respondent's materials to the applicant | Charles A. Smith |
| 2002-02-19 | Court of Appeal casebooks and transcripts of evidence, 3 copies of vol. 1 to 2 of Pleadings and evidence and 3 copies of vol. 1 of supp. appeal book | |
| 2002-02-19 | Book of authorities, (service and new covers requested) - new covers received on Feb. 20, 2002, Incomplete | Charles A. Smith |
| 2002-02-19 | Respondent's response on the application for leave to appeal, (service missing, printed on right side, new covers requested) - new covers received on Feb. 20, 2002 (see affidavits received May 2, 2002 and July 9, 2002), Incomplete | Charles A. Smith |
| 2001-12-31 | Motion to extend the time to file and or serve the application for leave to appeal, (to file and serve no later than Dec. 31, 2001) - further motion (original received Jan. 9, 2002) - to be submitted with leave application, Completed on: 2002-01-25 | Brian S. Heron |
| 2001-12-21 | Affidavit, of D. A. Burke re: personal service of the applicant's brief to Mr. MacDonnell on Nov. 19 or Nov. 20 (original received on Dec. 24, 2001) | Brian S. Heron |
| 2001-12-05 | Letter acknowledging receipt of an incomplete application for leave to appeal, (further motion to extend the time requested) | |
| 2001-11-23 | Correspondence received from, J. MacDonell dated Nov. 23, 2001 (fax copy) re: has received only 4 pages of the motion and Applicant's Book of exhibits and authorities (has not been personally served with the Applicant's brief and complete motion to extend the time) | Charles A. Smith |
| 2001-11-21 | Book of authorities, 6 copies of book of exhibits and authorities (reasons of C.A. included), Completed on: 2001-11-21 | Brian S. Heron |
| 2001-11-21 | Application for leave to appeal, (entitled Applicant's brief) ($50.00 received Dec. 3, 2001)(formal order of C.A. received on June 6, 2002, via C.A.), Completed on: 2002-01-16 | Brian S. Heron |
| 2001-11-21 | Motion to extend the time to file and or serve the application for leave to appeal, (as per phone conversation with the Respondent on Nov. 23, he has been served only with a portion of the motion to extend the time) - further extension (fee paid on Dec. 3, 2001) - not applicable (wait for further extension), Incomplete | Brian S. Heron |
| 2001-11-19 | Correspondence received from, J. MacDonell dated Nov. 19, 2001 (fax copy) re: has received only partial copy of motion | Charles A. Smith |
| 2001-10-16 | Correspondence received from, B. Heron dated Oct. 9, 2001 re: enclosing suppl. documents in support of motion to extend the time | Brian S. Heron |
| 2001-10-15 | Correspondence (sent by the Court) to, Brian Heron enclosing a copy of LeBel J's endorsement granting an extension of time to Nov. 16, 2001. | |
| 2001-10-15 |
Decision on motion to extend time to file and /or serve the leave application, LeB, to November 16, 2001. Granted, no order as to costs |
|
| 2001-10-15 | Submission of motion to extend time to file and/ or serve the leave application, LeB | |
| 2001-10-10 | Reply to the motion to extend time to file and/ or serve the leave application, (Letter Form), from B. Heron dated Oct. 9, 2001 (fax copy) re: further reply, Completed on: 2001-10-10 | Brian S. Heron |
| 2001-10-09 | Reply to the motion to extend time to file and/ or serve the leave application, (Letter Form), B. Heron dated Oct. 6, 2001 (fax copy), Completed on: 2001-10-09 | Brian S. Heron |
| 2001-10-05 | Correspondence received from, (fax) John MacDonnell attaching copies of lower court judgments. | Charles A. Smith |
| 2001-09-27 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), John E. MacDonell dated Sept. 26, 2001, Completed on: 2001-09-27 | Charles A. Smith |
| 2001-09-27 | Motion to extend the time to file and or serve the application for leave to appeal, Nov. 16, 2001 (4 copies), Completed on: 2001-10-15 | Brian S. Heron |
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 |
|---|---|---|
| Heron, Brian S. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Smith, Charles A. | Respondent | Active |
Counsel
Party: Heron, Brian S.
This party is not represented by counsel.
Party: Smith, Charles A.
Counsel
1959 Upper Water Street, Suite 900
P.O. Box 997, Stn Central
Halifax, Nova Scotia
B3J 2X2
Telephone: (902) 420-3393
FAX: (902) 420-1417
Email: jmacdonell@smss.com
Summary
Keywords
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Summary
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Lower court rulings
Supreme Court of Nova Scotia, Trial Division
160780
Summary judgment granted in respect of two orders for costs by California Courts against the applicant
Nova Scotia Court of Appeal
CA 166921
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
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Related links
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.
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