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Case information

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29504

Mellco Developments Ltd., et al. v. The City of Portage La Prairie, et al.

(Manitoba) (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)
2003-04-28 Close file on Leave
2003-04-03 Correspondence received from, R. McDonald dated March 31, 2003 re: costs (sent to judges on April 7, 2003) The City of Portage La Prairie
2003-03-28 Judgment on leave sent to the parties
2003-03-27 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 Manitoba, Numbers AI 01-30-05134 and AI 01-30-05135, dated October 1, 2002, is dismissed with costs to the Respondents, Lions Park Housing and Lions Club of Portage La Prairie and The City of Portage La Prairie. (REVISED APRIL 14, 2003)
Dismissed, with costs
2003-02-24 All materials on application for leave submitted to the Judges, G Ma Arb
2003-02-07 Letter acknowledging receipt of a complete application for leave to appeal
2003-01-10 Applicant's reply to respondent's argument, Completed on: 2003-01-10 Mellco Developments Ltd.
2002-12-24 Respondent's response on the application for leave to appeal, Completed on: 2002-12-24 The City of Portage La Prairie
2002-12-24 Respondent's response on the application for leave to appeal, Completed on: 2002-12-24 Lions Park Housing Inc.
2002-11-29 Application for leave to appeal, Completed on: 2003-02-07 Mellco Developments 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
Mellco Developments Ltd. Applicant Active
and Newton Enterprises (1983) Applicant Active

v.

Main parties - Respondents
Name Role Status
The City of Portage La Prairie Respondent Active
Lions Park Housing Inc. Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Mellco Developments Ltd. Applicant Active
and Newton Enterprises (1983) Applicant Active

v.

Sub parties (1) - Respondents
Name Role Status
Lions Park Housing Inc. Respondent Active
Lions Club of Portage La Prairie Respondent Active

Counsel

Party: Mellco Developments Ltd.

Counsel
G. Patrick S. Riley
John A. Myers
Taylor McCaffrey LLP
400 St. Mary Ave.
9th Floor
Winnipeg, Manitoba
R3C 4K5
Telephone: (204) 988-0448
FAX: (204) 988-0304
Email: priley@tmlawyers.com

Party: and Newton Enterprises (1983)

Counsel
G. Patrick S. Riley
Taylor McCaffrey LLP
400 St. Mary Ave.
9th Floor
Winnipeg, Manitoba
R3C 4K5
Telephone: (204) 988-0448
FAX: (204) 988-0304
Email: priley@tmlawyers.com

Party: The City of Portage La Prairie

Counsel
Randolph B. McNicol, Q.C.
D. G. Giles
R. D. McDonald
Fillmore & Riley LLP
1700 - 360 Main St.
Winnipeg, Manitoba
R3C 3Z3
Telephone: (204) 956-2970
FAX: (204) 957-0516
Email: egross@fillmoreriley.com

Party: Lions Park Housing Inc.

Counsel
R.A. Dewar, Q.C.
Hill Abra Dewar
2670 - 360 Main Street
Winnipeg, Manitoba
R3C 3Z3
Telephone: (204) 943-6740 Ext: 235
FAX: (204) 943-3934
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Lions Club of Portage La Prairie

Counsel
R.A. Dewar, Q.C.
Hill Abra Dewar
2670 - 360 Main Street
Winnipeg, Manitoba
R3C 3Z3
Telephone: (204) 943-6740 Ext: 235
FAX: (204) 943-3934
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

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

September 17, 2001
Court of Queen’s Bench of Manitoba

CI 00-03-00027, CI 99-03-00068

Applicant's claims dismissed; Respondents counter-claim allowed; Applicant's ordered to pay $35K in compensatory and $10K in exemplary damages; also ordered to discharge caveat and Pending Litigation Order; costs to be assessed for Respondent.

October 1, 2002
Court of Appeal of Manitoba

AI 01-30-05134, AI 01-30-05135

Appeal and cross-appeal are 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