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28815

KP Pacific Holdings Ltd. v. Guardian Insurance Company of Canada, et al.

(British Columbia) (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)
2003-09-06 Appeal closed
2003-09-05 Approved order for payment out, sent to Finance Sept. 5/03
2003-06-17 Record returned to the Registrar of the Court of Appeal
2003-05-02 Judgment on appeal and notice of deposit of judgment sent to all parties
2003-05-01 Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal of British Columbia (Vancouver), Number CA027144, dated July 25, 2001, heard on February 18, 2003, is allowed with costs throughout to the appellant. The Court directs that the appellant's claim proceed to trial.
Allowed, with costs
2003-02-27 Transcript received, 79 pages (joint with 28821)
2003-02-18 Judgment reserved OR rendered with reasons to follow
2003-02-18 Hearing of the appeal, 2003-02-18, (V025), CJ G Ia Ma Ba Bi Arb LeB De
Judgment reserved
2003-02-18 Appellant's condensed book KP Pacific Holdings Ltd.
2003-02-18 Acknowledgement and consent for video taping of proceedings, (joint with 28821)
2003-01-31 Supplemental document, (french/english legislative) KP Pacific Holdings Ltd.
2003-01-30 Notice of appearance, (fax copy) KP Pacific Holdings Ltd.
2003-01-15 Correspondence received from, Guild, Yule dated Jan. 15, 2003 (fax copy) re: there are no official French translations of B.C. Insurance Act Guardian Insurance Company of Canada
2002-12-13 Correspondence received, E.A. Dolden dated/datée 12-12-02 (fax copy/télécopieur) re: time allocation/temps alloué (joint 28821)
2002-12-12 Correspondence received from, M. Armstrong dated/datée 12-12-02 (fax copy/télécopieur) re: time allocation/temps alloué KP Pacific Holdings Ltd.
2002-12-04 Notice of hearing KP Pacific Holdings Ltd.
2002-11-29 Correspondence (sent by the Court) to, Toutes parties; estimation du temps - All parties; time estimate
2002-11-29 Appeal hearing scheduled, 2003-02-18
Judgment reserved
2002-11-19 Respondent's book of authorities, Completed on: 2002-11-19 Guardian Insurance Company of Canada
2002-11-19 Respondent's factum, Completed on: 2002-11-19 Guardian Insurance Company of Canada
2002-11-19 Appeal perfected for hearing, Session beginning on 2003-01-13
2002-09-24 Appellant's factum, Completed on: 2002-09-24 KP Pacific Holdings Ltd.
2002-09-24 Appellant's book of authorities, vol. I & II, Completed on: 2002-09-24 KP Pacific Holdings Ltd.
2002-09-24 Appellant's record, Completed on: 2002-09-24 KP Pacific Holdings Ltd.
2002-06-11 Appeal court record, (1 envelope)
2002-05-29 Order granting leave to appeal
2002-05-27 Notice of deposit for security KP Pacific Holdings Ltd.
2002-05-24 Notice of appeal, Completed on: 2002-05-27 KP Pacific Holdings Ltd.
2002-04-29 Notice of deposit of judgment issued to all parties
2002-04-25 Correspondence (sent by the Court) to, all parties; re: filing timetable / tentative hearing date (Feb. 18/03)
2002-04-25 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted with costs to the applicant in any event of the cause.
Granted, with costs to the applicant(s) in any event of the cause
2002-04-17 Correspondence received from, Jeffrey W. Beedell dated April 17, 2002 (fax copy) re: objective summary (sent to the judges on April 17, 2002) KP Pacific Holdings Ltd.
2002-04-02 All materials on application for leave submitted to the Judges, CJ Ia Arb
2002-03-13 Correspondence received from, J.W. Beedell dated March 13/02 re: supplementary reasons of the B.C. Court of Appeal isssued March 11/02 and C/A Order rec'd March 28/02 KP Pacific Holdings Ltd.
2001-11-05 Applicant's reply to respondent's argument, Completed on: 2001-11-05 KP Pacific Holdings Ltd.
2001-10-31 Letter acknowledging receipt of a complete application for leave to appeal
2001-10-30 Respondent's response on the application for leave to appeal, Completed on: 2001-10-30 Guardian Insurance Company of Canada
2001-10-01 Application for leave to appeal, (supplementary reasons filed March 15/02), Completed on: 2001-10-01 KP Pacific Holdings 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

Main parties - Appellants
Name Role Status
KP Pacific Holdings Ltd. Appellant Active

v.

Main parties - Respondents
Name Role Status
Guardian Insurance Company of Canada Respondent Active
Canadian Northern Shield Insurance Company Respondent Active
AXA Pacific Insurance Respondent Active
General Accident Insurance Comany of Canada Respondent Active
Sovereign General Insurance Co. Respondent Active

Counsel

Party: KP Pacific Holdings Ltd.

Counsel
Names
Michael G. Armstrong
Janet E. Currie
Contact information
Armstrong & Company
480 - 650 West Georgia Street
Vancouver, British Columbia
V6B 4N9
Telephone: (604) 683-7361
FAX: (604) 662-3231
Email: mga@armlaw.com
Agent
Name
Eugene Meehan, Q.C.
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca

Party: Guardian Insurance Company of Canada

Counsel
Name
Donald W. Yule
Contact information
Guild, Yule, Sullivan, Yule, Truscott & Slivinski
2000 - 595 Burrard Street
P.O Box 49170
Vancouver, British Columbia
V7X 1R7
Telephone: (604) 688-1221
FAX: (604) 688-1315
Agent
Name
Gordon K. Cameron
Contact information
Blake, Cassels & Graydon LLP
World Exchange Plaza
20th Floor, 45 O'Connor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2222
FAX: (613) 788-2247
Email: gord.cameron@blakes.com

Party: Canadian Northern Shield Insurance Company

Counsel
Name
Donald W. Yule
Contact information
Guild, Yule, Sullivan, Yule, Truscott & Slivinski
2000 - 595 Burrard Street
P.O Box 49170
Vancouver, British Columbia
V7X 1R7
Telephone: (604) 688-1221
FAX: (604) 688-1315

Party: AXA Pacific Insurance

Counsel
Name
Donald W. Yule
Contact information
Guild, Yule, Sullivan, Yule, Truscott & Slivinski
2000 - 595 Burrard Street
P.O Box 49170
Vancouver, British Columbia
V7X 1R7
Telephone: (604) 688-1221
FAX: (604) 688-1315

Party: General Accident Insurance Comany of Canada

Counsel
Name
Donald W. Yule
Contact information
Guild, Yule, Sullivan, Yule, Truscott & Slivinski
2000 - 595 Burrard Street
P.O Box 49170
Vancouver, British Columbia
V7X 1R7
Telephone: (604) 688-1221
FAX: (604) 688-1315

Party: Sovereign General Insurance Co.

Counsel
Name
Donald W. Yule
Contact information
Guild, Yule, Sullivan, Yule, Truscott & Slivinski
2000 - 595 Burrard Street
P.O Box 49170
Vancouver, British Columbia
V7X 1R7
Telephone: (604) 688-1221
FAX: (604) 688-1315

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

April 25, 2000
Supreme Court of British Columbia

C990315

Applicant's motion for declaration that action not statute barred dismissed; Action dismissed

July 25, 2001
Court of Appeal for British Columbia (Vancouver)

CA027144

Appeal dismissed

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

Not available

Webcasts

Not available.

Date modified: 2025-05-13