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Case information

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29353

Dr. Brenlee Kemp v. Dr. Gerald Wittenberg, 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)
2003-08-28 Certificate of taxation issued to, Borden, Ladner (Vancouver)
2003-08-26 Decision on the bill of costs, taxed at the amount of $1,038.55, Reg
2003-08-25 Submission of the bill of costs, Reg
2003-08-01 Bill of costs, Completed on: 2003-08-01 Dr. Gerald Wittenberg
2003-02-26 Close file on Leave
2003-02-17 Judgment on leave sent to the parties
2003-02-13 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 of British Columbia (Vancouver), Number CA025305, dated June 17, 2002, is dismissed with costs.
Dismissed, with costs
2002-12-30 All materials on application for leave submitted to the Judges, G Ma Arb
2002-10-25 Applicant's reply to respondent's argument, Completed on: 2002-10-25 Dr. Brenlee Kemp
2002-10-25 Correspondence received from, J. Lysyk dated Oct. 24, 2002 re: does not believe that any extension is necessary (appealed from judgment dated June 17, 2002) Dr. Brenlee Kemp
2002-10-16 Letter acknowledging receipt of an incomplete application for leave to appeal
2002-10-15 Respondent's response on the application for leave to appeal, Completed on: 2002-10-15 Dr. Gerald Wittenberg
2002-09-13 Book of authorities Dr. Brenlee Kemp
2002-09-13 Application for leave to appeal, Vol. 1 and 2 (formal order of C.A. not yet entered, extension of time requested and offical copies of judgments dated March 30, 2001 and Dec. 6, 2001 requested) - formal order of C.A. and official copies of judgments received on Oct. 25, 2002), Completed on: 2002-10-25 Dr. Brenlee Kemp

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
Kemp, Dr. Brenlee Applicant Active

v.

Main parties - Respondents
Name Role Status
Wittenberg, Dr. Gerald Respondent Active
Dr. Wittenberg Inc., a Professional Corporation Respondent Active

Counsel

Party: Kemp, Dr. Brenlee

Counsel
Marvin R.V. Storrow, Q.C.
Joanne R. Lysyk
Blake, Cassels & Graydon LLP
Suite 2600, Three Bentall Centre
595 Burrard Street, P. O Box 49314
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-3300
FAX: (604) 631-3309
Agent
Gordon K. Cameron
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: Wittenberg, Dr. Gerald

Counsel
Larrie R. Jackie
Angus M. Gunn, jr.
Borden Ladner Gervais LLP
1200 Waterfront Centre
200 Burrard Street
Vancouver, British Columbia
V7X 1T2
Telephone: (604) 687-5744
FAX: (604) 687-1415
Agent
Carole J. Brown
Borden Ladner Gervais LLP
World Exchange Plaza
1100 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: cbrown@blgcanada.com

Party: Dr. Wittenberg Inc., a Professional Corporation

Counsel
Larrie R. Jackie
Borden Ladner Gervais LLP
1200 Waterfront Centre
200 Burrard Street
Vancouver, British Columbia
V7X 1T2
Telephone: (604) 687-5744
FAX: (604) 687-1415
Agent
Carole J. Brown
Borden Ladner Gervais LLP
World Exchange Plaza
1100 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: cbrown@blgcanada.com

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

June 8, 1999
Supreme Court of British Columbia

C915296

Applicant's action allowed: Respondent ordered to pay the total sum of $1,336,328.77 in damages.

March 30, 2001
Court of Appeal for British Columbia (Vancouver)

CA025305

Respondent's appeal against liability dismissed; Applicant's cross-appeal allowed in part: damages increased to $1,547,750.

December 6, 2001
Court of Appeal for British Columbia (Vancouver)

CA025305

Supplementary reasons: Applicant's costs of the application to adduce fresh evidence disallowed.

June 17, 2002
Court of Appeal for British Columbia (Vancouver)

CA025305

Applicant's application for a re-hearing of cross-appeal and for the right to oral submissions 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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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

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Webcasts

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Date modified: 2025-02-27