Case information
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29381
Robert Silver, et al. v. The Business Development Corporation formerly known as The Federal Business Development Bank, et al.
(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) |
|---|---|---|
| 2003-07-10 | Reconsideration not accepted for filing | |
| 2003-05-09 | Response to motion for reconsideration of the application for leave to appeal, (Letter Form), from T. Jarmyn dated May 5, 2003, Completed on: 2003-05-09 | The Business Development Corporation formerly known as The Federal Business Development Bank |
| 2003-05-02 | Response to motion for reconsideration of the application for leave to appeal, (Letter Form), J. A. Fraser dated May 1, 2003 (fax copy), Completed on: 2003-05-02 | The Bank of Montreal |
| 2003-04-22 | Correspondence received from, R. Silver dated April 21, 2003 re: will be filing suppl. document in support of motion for reconsideration | Deanna Silver |
| 2003-04-22 | Motion for reconsideration of the application for leave to appeal, (received on April 24, 2003 a revised page 1 on the motion and service), Completed on: 2003-04-24 | Robert Silver |
| 2003-03-31 | Close file on Leave | |
| 2003-03-21 | Judgment on leave sent to the parties | |
| 2003-03-20 |
Judgment of the Court on the application for leave to appeal, G Ma Arb, The application for an extension of time is granted, the application to file supplementary documents and the application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA176068, dated June 26, 2002, are dismissed without costs. Dismissed, without costs |
|
| 2003-03-20 |
Decision on the miscellaneous motion Dismissed, without costs |
|
| 2003-03-20 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2003-01-27 | Submission of miscellaneous motion, G Ma Arb | |
| 2003-01-27 | All materials on application for leave submitted to the Judges, G Ma Arb | |
| 2003-01-27 | Submission of motion to extend time to file and/ or serve the leave application, G Ma Arb | |
| 2002-12-09 | Correspondence (sent by the Court) to, Mr. R. Silver, dated Dec. 9/02 RE: exemption from f.fee on motion, granted / M. R. Silver, daté du 9 déc/02 RE: demande d'exemption de payer les frais d'une motion, accordée | |
| 2002-12-05 | Correspondence received from, Mr. R. Silver, dated Dec. 3/02 RE: requesting waiver of f.fee / M. R. Silver, daté du 3 déc/02 RE: demande exemption de frais | Robert Silver |
| 2002-12-05 | Notice of miscellaneous motion, to file supplementary documents / pour déposer des documents supplémentaires; Six copies filed / six copies déposées (exemption from f.fee requested / exemption de frais demandée), Completed on: 2002-12-05 | Robert Silver |
| 2002-11-08 | Correspondence received from, Mr. R. Silver, dated Nov 6/02, RE: enclosed please find Affidavit and C/A transcripts referred to in para. 2 of Applicant's Reply; Since Respondents agree issues were raised in oral argument, is pursuing issue by way of Affidavit as previously requested. | Robert Silver |
| 2002-11-08 | Supplemental document, Filed by the Applicants, containing Court of Appeal transcripts. (motion requested on Nov. 18/02) | Robert Silver |
| 2002-11-07 | Correspondence received from, Mr. T.W. Jarmyn, dated Nov. 4/02 RE: Circumstances of this case are not appropriate to allow filing of transcripts before Chambers Judge, this was specifically excluded from the record by order of Bateman J. (see BDC materials filed with the Court). | The Business Development Corporation formerly known as The Federal Business Development Bank |
| 2002-11-04 | Correspondence received from, J.A. Fraser, by fax, dated Nov 4/02, RE: confirming receipt of Applicant's reply; neither transcripts from the lower court nor of oral hearing from the Court of Appeal should be admitted. | The Bank of Montreal |
| 2002-10-31 | Correspondence received from, Mr. R. Silver, dated October 29, 2002 RE: Affidavits of service for motion to extend time AND for Applicant's reply will follow; Will be filing aprox. 10-15 pages of lower court transcripts by way of affidavit. | Robert Silver |
| 2002-10-31 | Applicant's reply to respondent's argument, Completed on: 2002-11-05 | Robert Silver |
| 2002-10-28 | Correspondence (sent by the Court) to, Mr. Robert and Ms. Deanna Silver, dated October 28, 2002 RE: Exemption form filing fee for motion to extend time, granted | |
| 2002-10-24 | Correspondence received from, Mr. Robert Silver, dated October 21, 2002 RE: request as part of application that the transcript of of the Nova Scotia Court of Appeal hearing of June 12, 2002 be received. | Robert Silver |
| 2002-10-24 | Correspondence received from, Mr. Andrew Fraser, by fax, dated October 24, 2002 RE: Co-operators General Insurance Company is not a proper Respondent to this application. | The Bank of Montreal |
| 2002-10-23 | Respondent's response on the application for leave to appeal, (received proof of service on BDC, by fax, on October 28, 2002), Completed on: 2002-10-28 | The Bank of Montreal |
| 2002-10-21 | Motion to extend the time to file and or serve the application for leave to appeal, until September 26, 2002; Exemption from 50$ motion fee granted on Oct. 28/02; INCLUDES T/C JUDGMENT, FORM 25B, and SIGNATURE of both Applicants., Completed on: 2002-11-05 | Robert Silver |
| 2002-10-21 | Respondent's response on the application for leave to appeal, (proof of delivery on Applicants received Nov.12, 2002), Completed on: 2002-11-14 | The Business Development Corporation formerly known as The Federal Business Development Bank |
| 2002-10-07 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2002-09-26 | Application for leave to appeal, Motion for extension of time received Oct. 21/02, Completed on: 2002-10-24 | Robert Silver |
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 |
|---|---|---|
| Silver, Robert | Applicant | Active |
| Silver, Deanna | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| The Business Development Corporation formerly known as The Federal Business Development Bank | Respondent | Active |
| The Bank of Montreal | Respondent | Active |
Counsel
Party: Silver, Robert
This party is not represented by counsel.
Party: Silver, Deanna
This party is not represented by counsel.
Party: The Business Development Corporation formerly known as The Federal Business Development Bank
Counsel
29 Elm Avenue, Box 1330
Wolfville, Nova Scotia
B0P 1X0
Telephone: (902) 542-0822
FAX: (902) 542-5474
Email: tjarmyn@burchellmacdougall.com
Party: The Bank of Montreal
Counsel
Bank of Montreal Twr., 1600 - 5151 George St.
PO Box 247, Stn. Central
Halifax, Nova Scotia
B3J 2N9
Telephone: (902) 492-2047
FAX: (902) 429-5215
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
Supreme Court of Nova Scotia, Trial Division
S.H. 129275
Respondents' Business Development Corporation and Bank of Montreal's applications to strike Applicants' statement of claim granted;Applicants' claim for damages for wrongful conversion of chattels, dismissed
Nova Scotia Court of Appeal
CA176068
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.
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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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