Case information
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29546
James Thomas Johnston v. The Bank of Nova Scotia
(New Brunswick) (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) |
|---|---|---|
| 2003-04-08 | Correspondence (sent by the Court) to, Mr. Johnston (cc. Mr. Faloon) re: enclosed copy of Justice Gonthier's endorsement | |
| 2003-03-06 | Correspondence received from, dated Feb. 15 (change of address) | James Thomas Johnston |
| 2003-01-16 | Close file on Leave | |
| 2003-01-15 | Correspondence (sent by the Court) to, all parties; re: Gonthier's J.'s endorsement of Jan. 14 / toutes les parties; endossement du juge Gonthier du 14 jan. | |
| 2003-01-14 |
Decision on the motion for a stay of execution, G, In the absence of the appearance of a serious issue as to the merits of plaintiff's action, and having regard to the tardiness of applicant's motion for a stay following extended past delay, the motion for extension of time and for a stay of execution on the sheriff sale referred to therein are denied. There shall be no order as to costs. Dismissed, no order as to costs |
|
| 2003-01-14 | Submission of motion for a stay of execution, G | |
| 2003-01-14 | Response to the motion for a stay of execution, Completed on: 2003-01-14 | The Bank of Nova Scotia |
| 2003-01-14 |
Decision on motion to extend time to file and /or serve the leave application, G, In the absence of the appearance of a serious issue as to the merits of plaintiff's action, and having regard to the tardiness of applicant's motion for a stay following extended past delay, the motion for extension of time and for a stay of execution on the sheriff sale referred to therein are denied. There shall be no order as to costs. Dismissed, no order as to costs |
|
| 2003-01-14 | Submission of motion to extend time to file and/ or serve the leave application, G | |
| 2003-01-14 | Response to the motion to extend the time to file and / or serve the leave application, Completed on: 2003-01-14 | The Bank of Nova Scotia |
| 2003-01-14 | Correspondence received from, (fax) Dr. Johnston; re: stay / object: sursis | James Thomas Johnston |
| 2003-01-13 | Correspondence received from, R. Faloon dated/datée 13-01-03 (fax copy/télécopieur) re: status of the file/état du dossier | The Bank of Nova Scotia |
| 2003-01-10 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-01-07 | Affidavit, and supporting documents re: motions/et documents à l'appui re: requêtes) - 6 copies | James Thomas Johnston |
| 2003-01-07 | Motion to extend the time to file and or serve the application for leave to appeal, (to file the application for leave to Jan. 7, 2003/pour produire la demande d'autorisation au 07-01-03)(joint), Completed on: 2003-01-07 | James Thomas Johnston |
| 2003-01-07 | Motion for a stay of execution, (joint) - 4 copies, Completed on: 2003-01-07 | James Thomas Johnston |
| 2003-01-07 | Correspondence received from, J. Johnston dated/daéte 06-01-03 (hand writing/écrite à la main) re: leave application and ancillary motions/demande d'autorisation et requêtes accessoires | James Thomas Johnston |
| 2003-01-07 | Application for leave to appeal, 7 copies, Completed on: 2003-01-10 | James Thomas Johnston |
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 |
|---|---|---|
| Johnston, James Thomas | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| The Bank of Nova Scotia | Respondent | Active |
Counsel
Party: Johnston, James Thomas
This party is not represented by counsel.
Party: The Bank of Nova Scotia
Counsel
1600 - 1 BRUNSWICK SQUARE
PO BOX 1324
SAINT JOHN, New Brunswick
E2L 4H8
Telephone: (506) 632-8900
Summary
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Summary
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Lower court rulings
Court of Queen’s Bench of New Brunswick
S/C/1099/99
See file
Court of Appeal of New Brunswick
53/01/CA
appeal dismissed with costs
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
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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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