Case information
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29622
The City of Vancouver, et al. v. Jose Augusto Ribeiro, 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.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2003-09-17 | Close file on Leave | |
| 2003-09-12 | Judgment on leave sent to the parties | |
| 2003-09-11 |
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 CA029403, dated December 19, 2002, is dismissed with costs. Dismissed, with costs |
|
| 2003-06-23 | All materials on application for leave submitted to the Judges, CJ Ba De | |
| 2003-05-14 | Order on miscellaneous motion, (BY MAJOR J.) | |
| 2003-05-14 |
Decision on the miscellaneous motion, Ma, The respondents seek to add to the record a letter dated March 26, 2003, from one of the respondent's law firm's partners, Mr. Frank Potts. This letter provides an assurance and undertaking that was called for by the dissent at the Court of Appeal for British Columbia. Although the new evidence does not meet the criteria set out in Dormuth v. Untereiner, [1964] S.C.R. 122, this test has not been applied rigidly (Harper v. Harper, [1980] 1 S.C.R. 2, Amchem Products Inc. v. British Columbia, 192 N.S. 390 and Brown v. Gentleman, [1971] S.C.R. 501). The applicant City of Vancouver raised the respondent Lindsay, Kenney's failure to respond to the Court of Appeal's dissent as a relevant issue to the leave application. Mr. Potts, however, has now provided this undertaking. In my view, the circumstances of the case warrant admission of the evidence. Otherwise, the Court may be misled as to the actual circumstances of the case. The motion to add to the record Mr. Frank Potts' letter dated March 26, 2003, is therefore granted. Granted |
|
| 2003-05-13 | Submission of miscellaneous motion, Ma | |
| 2003-04-30 | Reply to miscellaneous motion, (Letter Form), from L.C. Chamzuk dated April 29/03, Completed on: 2003-04-30 | Jose Augusto Ribeiro |
| 2003-04-17 | Correspondence received from, H. Brown dated April 16, 2003 re: similar issues with file no. 29450 | The City of Vancouver |
| 2003-04-17 | Response to miscellaneous motion, 6 copies - book form, Completed on: 2003-06-25 | The City of Vancouver |
| 2003-04-10 | Notice of miscellaneous motion, (to add Mr. Frank Potts's letter dated March 26, 2003) - book form, Completed on: 2003-04-10 | Jose Augusto Ribeiro |
| 2003-04-02 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-03-31 | Correspondence received from, G. K. Macintosh, Q.C. (by fax) re: further to my letter of March 27/03 | The City of Vancouver |
| 2003-03-28 | Correspondence received from, G. K. Macintosh, Q.C. dated March 27/03 (by fax) re: in response to L.C. Chamzuk's letter dated March 27/03 | The City of Vancouver |
| 2003-03-28 | Correspondence received from, L.C. Chamzuk dated March 27/03 re: Reply and enclosing copy of a letter from Mr. Potts | Jose Augusto Ribeiro |
| 2003-03-21 | Applicant's reply to respondent's argument, Completed on: 2003-03-21 | The City of Vancouver |
| 2003-03-12 | Respondent's response on the application for leave to appeal, Completed on: 2003-03-12 | Jose Augusto Ribeiro |
| 2003-02-14 | Application for leave to appeal, (T/C Order filed Feb. 17/03 - C/A Order filed Apr. 2/03), Completed on: 2003-04-02 | The City of Vancouver |
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 |
|---|---|---|
| The City of Vancouver | Applicant | Active |
| Police Sergeant Lacon, Police Sergeant Boutin, Police Constable Dimock, Police Constable Bezanson, Police Constable Gibson, Police Constable Chu, Police Constable Stewart, Police Constable Scally, Police Constable Jackson, Police Constable Alfred | Applicant | Active |
| Police Constable Rhode, Police Constable Wadley, Police Constable Reimer, Police Constable Stasiuk, Police Constable Purewal, Police Inspector Greer and Police Acting Staff Sergeant S. Miller | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ribeiro, Jose Augusto | Respondent | Active |
| Lindsay, Kenney | Respondent | Active |
Counsel
Party: The City of Vancouver
Counsel
2600 - 700 Georgia St. West
P.O. Box 10026
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 661-9332
FAX: (604) 661-9349
Email: gmacintosh@farris.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: Police Sergeant Lacon, Police Sergeant Boutin, Police Constable Dimock, Police Constable Bezanson, Police Constable Gibson, Police Constable Chu, Police Constable Stewart, Police Constable Scally, Police Constable Jackson, Police Constable Alfred
Counsel
2600 - 700 Georgia St. West
P.O. Box 10026
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 661-9332
FAX: (604) 661-9349
Email: gmacintosh@farris.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: Police Constable Rhode, Police Constable Wadley, Police Constable Reimer, Police Constable Stasiuk, Police Constable Purewal, Police Inspector Greer and Police Acting Staff Sergeant S. Miller
Counsel
2600 - 700 Georgia St. West
P.O. Box 10026
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 661-9332
FAX: (604) 661-9349
Email: gmacintosh@farris.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: Ribeiro, Jose Augusto
Counsel
Lisa Chamzuk
1600-925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 685-3456
FAX: (604) 669-1620
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Lindsay, Kenney
Counsel
Lisa Chamzuk
1600-925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 685-3456
FAX: (604) 669-1620
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Summary
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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.
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Lower court rulings
Supreme Court of British Columbia
C992466
Order: Respondent Lindsay, Kenney restrained from representing Respondent Ribeiro; action stayed; Respondent Lindsay, Kenney may obtain other counsel for Respondent Ribeiro
Court of Appeal for British Columbia (Vancouver)
CA029403
Appeal allowed; order set aside; notice of motion to restrain Respondent Lindsay, Kelley from acting for Respondent Ribeiro, dismissed
Memorandums of argument on application for leave to appeal
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Factums on appeal
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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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