Case information
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29052
Gordon Garland v. Enbridge Gas Distribution Inc. previously known as ¨The Consumers' Gas Company Limited¨
(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) |
|---|---|---|
| 2004-07-26 | Correspondence (sent by the Court) to, Mr. McGowan from the Registrar, c.c. to the parties re: in response to Mr. McGowan's letter received June 25, 2004 | |
| 2004-06-29 | Correspondence received from, P. McCallen dated June 29, 2004 (fax copy) re: in response to the appellant's letter | Enbridge Gas Distribution Inc. previously known as ¨The Consumers' Gas Company Limited¨ |
| 2004-06-28 | Correspondence received from, T. Irvine dated June 28, 2004 (fax copy) re: in response to Mr. McGowan's letter dated June 25, 2004 | Attorney General for Saskatchewan |
| 2004-06-25 | Correspondence received from, M. McGowan undated (fax copy) re: judgment rendered on April 22, 2004 | Gordon Garland |
| 2004-06-09 | Record returned to the Registrar of the Court of Appeal | |
| 2004-05-12 | Appeal closed | |
| 2004-04-23 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-04-22 |
Judgment on the appeal rendered, Ia Ma Ba Bi LeB De F, The appeal from the judgment of the Court of Appeal for Ontario, Number C34248, dated December 3, 2001, heard on October 9, 2003 is allowed with costs throughout. The judgment of the Court of Appeal is set aside and is replaced by an order that the respondent repay the late payment penalties collected from the appellant in the excess of the interest limit stipulated in s. 347 of the Criminal Code after the action was commenced in 1994 in an amount to be determined by the trial judge. Allowed, with costs |
|
| 2003-10-24 | Transcript received, (103 pages) | |
| 2003-10-09 | Judgment reserved OR rendered with reasons to follow | |
| 2003-10-09 |
Hearing of the appeal, 2003-10-09, Ia Ma Ba Bi LeB De F Judgment reserved |
|
| 2003-10-09 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2003-10-09 | Respondent's condensed book, Submitted in court | Enbridge Gas Distribution Inc. previously known as ¨The Consumers' Gas Company Limited¨ |
| 2003-10-09 | Appellant's condensed book, Submitted in court | Gordon Garland |
| 2003-09-29 | Notice of appearance, from C. Rupar | Attorney General of Canada |
| 2003-09-24 | Notice of appearance, from Lang Michener | Toronto Hydro-Electric Systems Limited ("Toronto Hydro") |
| 2003-09-24 | Appellant's book of authorities, (supplementary re: Reply to Factum of Toronto Hydro-Electric), Completed on: 2003-09-24 | Gordon Garland |
| 2003-09-24 | Reply factum on appeal, of Gordon Garland re: in response to Factum of Toronto Hydro-Electric, Completed on: 2003-09-24 | Gordon Garland |
| 2003-09-23 | Notice of appearance, from Fraser Milner Casgrain | Gordon Garland |
| 2003-09-22 | Notice of appearance, from Gowlings | Enbridge Gas Distribution Inc. previously known as ¨The Consumers' Gas Company Limited¨ |
| 2003-09-22 | Notice of appearance, from Gowlings | Attorney General for Saskatchewan |
| 2003-09-18 | Order on motion to file a reply factum on appeal, (BY MAJOR J.) | |
| 2003-09-18 |
Decision on the motion to file a reply factum on appeal, Ma, The motion permitting the appellant the filing of a 15 pages reply factum, limited to new issues raised in the factum of the intervener, Toronto Hydro-Electric System Limited, is granted. The reply factum shall to be served and filed no later than September 25, 2003. Granted |
|
| 2003-09-18 | Submission of motion to file a reply factum on appeal, Ma | |
| 2003-09-18 | Order on motion for additional time to present oral argument, (BY MAJOR J.) | |
| 2003-09-18 |
Decision on motion for additional time to present oral argument, Ma, The motion extending the time for the appellant's principal oral argument to 1 hour 45 minutes is dismissed. The motion permitting the appellant to transfer up to 25 minutes of the time allotted for the principal argument to the reply argument is dismissed. Dismissed |
|
| 2003-09-18 | Submission of motion for additional time to present oral argument, Ma | |
| 2003-09-15 | Response to the motion for additional time to present oral argument, (Letter Form), from J. Longo dated Sept. 15, 2003 (fax copy) re: joint response, Completed on: 2003-09-15 | Enbridge Gas Distribution Inc. previously known as ¨The Consumers' Gas Company Limited¨ |
| 2003-09-15 | Response to motion to file a reply factum on appeal, (Letter Form), from J. Longo dated Sept. 15, 2003 (fax copy) re: joint response, Completed on: 2003-09-15 | Enbridge Gas Distribution Inc. previously known as ¨The Consumers' Gas Company Limited¨ |
| 2003-09-09 | Correspondence received from, H. S. Brown, Q.C. dated Sept. 8/03 re: enclosing revised page 12 of the Respondent's factum (paragraph 35 amended) (sent to the judges Sept. 12/03) | Enbridge Gas Distribution Inc. previously known as ¨The Consumers' Gas Company Limited¨ |
| 2003-09-08 | Motion to file a reply factum on appeal, (joint), Completed on: 2003-09-08 | Gordon Garland |
| 2003-09-08 | Motion for additional time to present oral argument, (to 1 h 45)(joint)(book form), Completed on: 2003-09-08 | Gordon Garland |
| 2003-08-29 | Notice of hearing sent to parties | |
| 2003-08-28 |
Appeal hearing scheduled, 2003-10-09, (previously 06-04-03 and 10-09-03) Judgment reserved |
|
| 2003-08-26 | Notice of appearance, of Union Gas Limited dated Aug. 25/03 | Union Gas Limited |
| 2003-08-21 |
Order by, Ba, UPON APPLICATION by the Toronto Hydro-Electric System Limited, the Union Gas Limited, the Law Foundation of Ontario for leave to intervene in the above appeals and pursuant to the order of May 27, 2003; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes in total at the hearing of the appeals. Granted |
|
| 2003-07-22 | Intervener's factum, Completed on: 2003-07-28 | Union Gas Limited |
| 2003-07-22 | Intervener's factum, Completed on: 2003-07-22 | Toronto Hydro-Electric Systems Limited ("Toronto Hydro") |
| 2003-07-22 | Book of authorities, Completed on: 2003-07-28 | Toronto Hydro-Electric Systems Limited ("Toronto Hydro") |
| 2003-07-14 | Book of authorities, Completed on: 2003-07-14 | Attorney General for Saskatchewan |
| 2003-07-14 | Correspondence received from, Gowlings dated 07/14/03 re: new page 15 and 23 of the factum(corrections) | Attorney General for Saskatchewan |
| 2003-07-07 | Correspondence received from, M. M. Orkin (by fax) re: enclosing acknowledgements of service and advising his agent will come to replace page 5 of the factum | The Law Foundation of Ontario |
| 2003-06-30 | Intervener's factum, Completed on: 2003-06-30 | Attorney General for Saskatchewan |
| 2003-06-26 | Book of authorities, Completed on: 2003-06-26 | The Law Foundation of Ontario |
| 2003-06-26 | Intervener's factum, (revised page 5 and service (re: order) received on July 17, 2003)(replacement made in the books), Completed on: 2003-06-26 | The Law Foundation of Ontario |
| 2003-06-20 | Book of authorities, Completed on: 2003-06-20 | Attorney General of Canada |
| 2003-06-20 | Intervener's factum, Completed on: 2003-06-20 | Attorney General of Canada |
| 2003-06-10 | Respondent's book of authorities - cross appeal, (Supplementary), Completed on: 2003-06-10 | Gordon Garland |
| 2003-06-10 | Respondent's record - cross appeal, Vol. I to III (Supplementary - 12 copies) | Gordon Garland |
| 2003-06-10 | Respondent's factum - cross appeal, re: Section 29(4), Completed on: 2003-06-10 | Gordon Garland |
| 2003-06-06 | General proceeding, Certificate - Articles of Amendment dated July 25/02 reflecting name change from ¨The Consumers' Gas Company Ltd.¨ to ¨Enbridge Gas Distribution Inc.¨ (by fax) | Enbridge Gas Distribution Inc. previously known as ¨The Consumers' Gas Company Limited¨ |
| 2003-05-30 | Appeal perfected for hearing | |
| 2003-05-27 | Appellant's factum - cross appeal, (joint with respondent's factum re: Section 29(3)), Completed on: 2003-05-27 | Enbridge Gas Distribution Inc. previously known as ¨The Consumers' Gas Company Limited¨ |
| 2003-05-27 | Appellant's book of authorities, Completed on: 2003-05-27 | Gordon Garland |
| 2003-05-27 | Respondent's book of authorities, Completed on: 2003-05-27 | Enbridge Gas Distribution Inc. previously known as ¨The Consumers' Gas Company Limited¨ |
| 2003-05-27 | Respondent's record, Completed on: 2003-05-27 | Enbridge Gas Distribution Inc. previously known as ¨The Consumers' Gas Company Limited¨ |
| 2003-05-27 | Respondent's factum, (joint with Cross-Appeal re: Section 29(3)), Completed on: 2003-05-27 | Enbridge Gas Distribution Inc. previously known as ¨The Consumers' Gas Company Limited¨ |
| 2003-05-27 | Response to the motion for leave to intervene, (Letter Form), from H. Brown dated May 27, 2003 re: intervention by The Law Foundation of Ontario, Completed on: 2003-05-27 | Enbridge Gas Distribution Inc. previously known as ¨The Consumers' Gas Company Limited¨ |
| 2003-05-27 | Order on motion for leave to intervene, (BY BASTARACHE J.) | |
| 2003-05-27 |
Decision on the motion for leave to intervene, Ba, The motion for leave to intervene of the applicant, the Toronto Hydro-Electric System Limited, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length.(15 MINUTES ORAL ARGUMENT GRANTED AUG.21/03) The motion for leave to intervene of the applicant, the Union Gas Limited, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length.(15 MINUTES ORAL ARGUMENT GRANTED AUG.21/03) The motion for leave to intervene of the applicant, the Law Foundation of Ontario, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length.(15 MINUTES ORAL ARGUMENT GRANTED AUG.21/03) 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 interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. Granted |
|
| 2003-05-27 | Submission of motion for leave to intervene, Ba | |
| 2003-05-23 | Response to the motion for leave to intervene, (Letter Form), from B. Grossman dated May 23, 2003 (fax copy) re: intervention by Law Foundation of Ontario - original received on May 27, 2003, Completed on: 2003-05-23 | Gordon Garland |
| 2003-05-16 | Response to the motion for leave to intervene, (Letter Form), from J. Lengo dated May 15, 2003 (fax copy) re: consents to interventions by Union Gas and Toronto Hydro-Electric, Completed on: 2003-05-16 | Enbridge Gas Distribution Inc. previously known as ¨The Consumers' Gas Company Limited¨ |
| 2003-05-14 | Reply to the motion for leave to intervene, (bookform), Completed on: 2003-05-14 | Union Gas Limited |
| 2003-05-09 | Response to the motion for leave to intervene, book form - re: Union Gas' intervention, Completed on: 2003-05-09 | Gordon Garland |
| 2003-04-29 | Motion for leave to intervene, book form, Completed on: 2003-04-29 | Union Gas Limited |
| 2003-04-28 | Book of authorities, 3 copies re: intervention - book form, Completed on: 2003-04-28 | The Law Foundation of Ontario |
| 2003-04-28 | Motion for leave to intervene, book form, Completed on: 2003-04-28 | The Law Foundation of Ontario |
| 2003-04-14 | Reply to the motion for leave to intervene, book form, Completed on: 2003-04-14 | Toronto Hydro-Electric Systems Limited ("Toronto Hydro") |
| 2003-04-14 | Correspondence received from, B. Grossman dated Apr. 11/03 re: signed C/A reasons to be inserted at the end of Vol. II | Gordon Garland |
| 2003-04-03 | Response to the motion for leave to intervene, (book form), Completed on: 2003-04-03 | Gordon Garland |
| 2003-04-02 | Appellant's book of authorities, Vol. I to III, Completed on: 2003-04-02 | Gordon Garland |
| 2003-04-02 | Appellant's record, (24 copies of vol. I & II and 12 copies of vol. III to XXII) (signed C/A reasons inserted at the end of Vol. II on Apr. 14/03), Completed on: 2003-04-02 | Gordon Garland |
| 2003-04-02 | Appellant's factum, Completed on: 2003-04-02 | Gordon Garland |
| 2003-02-10 | Notice of intervention respecting a constitutional question, (service on Feb. 11, 2003) | Attorney General for Saskatchewan |
| 2003-02-07 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2003-01-15 | Notice of constitutional question(s) | Gordon Garland |
| 2003-01-09 |
Decision on the motion to state a constitutional question, Interventions by Feb. 10/03 / Interventions par le 10 fév./03, CJ, Are s. 18 of the Ontario Energy Board Act, R.S.O. 1990, c. O.13, and s. 25 of the Ontario Energy Board Act, 1998, S.O. 1998, c. 15, Sched. B, constitutionally inoperative by reason of the paramountcy of s. 347 of the Criminal Code, R.S.C. 1985, c. C-46? Allowed in part |
|
| 2002-12-12 | Submission of motion to state a constitutional question, CJ | |
| 2002-11-29 | Book of authorities, Supplementary / supplémentaire re: const. questions, Completed on: 2002-11-29 | Gordon Garland |
| 2002-11-29 | Reply to the motion to state a constitutional question, (book form/format livre), Completed on: 2002-11-29 | Gordon Garland |
| 2002-11-29 | Appeal court record, (2 boxes / boîtes) | |
| 2002-11-25 | Book of authorities, book form (2 copies) re: const. questions, Completed on: 2002-11-25 | Enbridge Gas Distribution Inc. previously known as ¨The Consumers' Gas Company Limited¨ |
| 2002-11-25 | Response to the motion to state a constitutional question, (book form), Completed on: 2002-11-27 | Enbridge Gas Distribution Inc. previously known as ¨The Consumers' Gas Company Limited¨ |
| 2002-11-18 | Correspondence (sent by the Court) to, all parties; re: Filing timetable / Tentative hearing date (June 4/03) | |
| 2002-11-15 | Correspondence received from, J. Beedell dated Nov. 15, 2002 (fax copy) re: confirming that their motion to intervene filed on Feb. 28, 2002 will be reconsidered in due course (see Justice Binnie's order dated March 20, 2002) | Toronto Hydro-Electric Systems Limited ("Toronto Hydro") |
| 2002-11-15 | Book of authorities, re: motion to state const. questions, Completed on: 2002-11-15 | Gordon Garland |
| 2002-11-15 | Motion to state a constitutional question, (book form), Completed on: 2002-11-15 | Gordon Garland |
| 2002-11-01 | Correspondence received from, J. Beedell dated Nov. 1, 2002 (fax copy) re: motion to intervene - re: Justice Binnie's order dated March 20, 2002 | Toronto Hydro-Electric Systems Limited ("Toronto Hydro") |
| 2002-11-01 | Motion for leave to intervene, (this motion was previously filed on Feb. 28, 2002 - see Justice Binnie's order dated March 20, 2002), Completed on: 2002-11-01 | Toronto Hydro-Electric Systems Limited ("Toronto Hydro") |
| 2002-10-29 | Notice of appeal, Completed on: 2002-10-29 | Gordon Garland |
| 2002-10-21 | Judgment on leave sent to the parties | |
| 2002-10-17 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C34248, dated December 3, 2001, is granted with costs. Granted, with costs |
|
| 2002-06-24 | All materials on application for leave submitted to the Judges, G Ma LeB | |
| 2002-05-02 | Correspondence received from, B. Grossman of Fraser, Milner dated May 1, 2002 re: suppl. authorities | Gordon Garland |
| 2002-05-02 | Book of authorities, (suppl.), Completed on: 2002-05-02 | Gordon Garland |
| 2002-03-20 |
Decision on motion for leave to intervene, Bi, by the TORONTO HYDRO-ELECTRIC SYSTEM LIMITED is dismissed with costs. The motion should be considered an application to intervene in the appeal itself if leave is granted; and deferred for consideration until such time as the leave application is dealt with. Dismissed, with costs |
|
| 2002-03-20 | Submission of motion for leave to intervene, Bi | |
| 2002-03-11 | Applicant's reply to respondent's argument, Completed on: 2002-03-11 | Gordon Garland |
| 2002-03-07 | Response to the motion for leave to intervene, (book form), Completed on: 2002-03-07 | Gordon Garland |
| 2002-03-04 | Book of authorities, Completed on: 2002-03-04 | Enbridge Gas Distribution Inc. previously known as ¨The Consumers' Gas Company Limited¨ |
| 2002-03-04 | Respondent's response on the application for leave to appeal, Completed on: 2002-03-04 | Enbridge Gas Distribution Inc. previously known as ¨The Consumers' Gas Company Limited¨ |
| 2002-03-01 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2002-02-28 | Motion for leave to intervene, book form, Completed on: 2002-02-28 | Toronto Hydro-Electric Systems Limited ("Toronto Hydro") |
| 2002-01-31 | Application for leave to appeal, Completed on: 2002-01-31 | Gordon Garland |
| 2002-01-31 | Book of authorities, Completed on: 2002-01-31 | Gordon Garland |
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 |
|---|---|---|
| Garland, Gordon | Appellant / Respondent on cross-appeal | Active |
v.
| Name | Role | Status |
|---|---|---|
| Enbridge Gas Distribution Inc. previously known as ¨The Consumers' Gas Company Limited¨ | Respondent / Appellant on cross-appeal | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Toronto Hydro-Electric Systems Limited ("Toronto Hydro") | Intervener | Active |
| Attorney General for Saskatchewan | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| The Law Foundation of Ontario | Intervener | Active |
| Union Gas Limited | Intervener | Active |
Counsel
Party: Garland, Gordon
Counsel
Dorothy Fong
Barbara L. Grossman
Christopher D. Woodbury
1400 - 10 Bay Street
Toronto, Ontario
M5J 2R8
Telephone: (416) 363-2239
FAX: (416) 362-6204
Agent
1420 - 99 Bank St.
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: catherine.coulter@fmc-law.com
Party: Enbridge Gas Distribution Inc. previously known as ¨The Consumers' Gas Company Limited¨
Counsel
Paul V. McCallen
John D. McCamus
John D. Longo
BCE Place, Box 754
1800-181 Bay St.
Toronto, Ontario
M5J 2T9
Telephone: (416) 865-7742
FAX: (416) 863-1515
Email: fcass@airdberlis.com
Agent
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
Party: Toronto Hydro-Electric Systems Limited ("Toronto Hydro")
Counsel
Kelly Friedman
200 King Street West
Suite 1100, P.O. Box 11
Toronto, Ontario
M5K 3T4
Telephone: (416) 340-6000
FAX: (416) 977-5239
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Attorney General for Saskatchewan
Counsel
1874 Scarth St - 8th Floor
PO Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-6307
FAX: (306) 787-9111
Email: Tom.irvine@gov.sk.ca
Agent
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
Party: Attorney General of Canada
Counsel
Bank of Canada Building - East Tower
1216 - 234 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: Christopher.Rupar@justice.gc.ca
Party: The Law Foundation of Ontario
Counsel
111Richmond Street West
Toronto, Ontario
M5H 2G4
Telephone: (416) 363-4108
FAX: (416) 365-9276
Agent
307 Gilmour Street
Ottawa, Ontario
K2P 0P7
Telephone: (613) 237-4922
FAX: (613) 237-2920
Party: Union Gas Limited
Counsel
Paul Michell
Suite 300, 79 Wellington Street West
P.O. Box 270, TD Centre
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-7680
FAX: (416) 865-7380
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Summary
Keywords
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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-CQ-50711
Respondent's motion for summary judgment granted: Appellant's claim for restitution of late payment penalties dismissed
Ontario Superior Court of Justice
94-CQ-50711
Party-party costs awarded to the defendant
Court of Appeal for Ontario
C34248
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
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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
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