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30838

Davis & Company, a partnership, et al. v. 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation), 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)
2008-12-23 Appeal closed
2008-12-22 Certificate of taxation issued to, Henry Brown
2008-12-22 Decision on the bill of costs, in the amount of $14,706.81, DeRg
2008-12-22 Certificate of taxation issued to, Henry Brown
2008-12-22 Decision on the bill of costs, in the amount of $14,436.96, DeRg
2008-12-17 Submission of the bill of costs, DeRg
2008-12-17 Submission of the bill of costs, DeRg
2008-07-31 Response to the bill of costs, Completed on: 2008-07-31 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2008-06-18 Bill of costs, Completed on: 2008-12-23 Sentinel Hill Productions (1999) Corporation
2008-06-18 Bill of costs, Completed on: 2008-12-23 J. Paul Darc, J. Paul Darc and Leslie Marie Darc, Trustees of the Darc Family Trust, and the said Darc Family Trust
2008-02-22 Record returned to the Registrar of the Court of Appeal
2008-01-03 Appeal closed
2007-12-19 Formal judgment sent to the registrar of the court of appeal and all parties
2007-12-19 Notice of deposit of judgment sent to all parties
2007-12-17 Decision on the motion for a re-hearing of the appeal, CJ Ba Bi LeB De F Abe Cha Ro, UPON APPLICATIONS by the New Sentinel Hill Entities and Darc et al., respondents on cross-appeal, for a rehearing and directions on the issue of costs in this Court and in the courts below as provided for in this Court’s formal judgment as revised on October 18, 2007;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
The motions for a rehearing are granted with costs.
On June 1, 2007, the Court rendered judgment allowing the appeals in part, with all parties ordered to bear their own costs on the appeals. The cross-appeal was dismissed with costs.
In response to a motion for re-hearing and directions, the Court revised the formal judgment on October 18, 2007. In respect of costs, it stated:
The cross-appeal is dismissed with costs. In light of the divided success on the main issues, and except as otherwise provided for in this order and in the relevant interlocutory orders of this Court, all parties shall bear their own costs in all courts.
The applicants bring a motion for a re-hearing and directions to clarify the Court’s revised formal judgment on the issues of costs in this Court and in the courts below.
The formal judgment rendered on June 1, 2007 was revised on October 18, 2007 to reflect fairly the reasons for judgment. According to the revised formal judgment, all parties bear their own costs in all courts except for the cross-appeal, which was dismissed with costs. Following the usual practice of the Court, the costs order on the cross-appeal refers to this Court only.
The motions are therefore being granted with costs for the purpose of clarifying that the New Sentinel Hill Entities and Darc et al. are entitled to their costs of the cross-appeal in this Court. However, the effect of the formal judgment as revised on October 18, 2007 should not be taken to vacate the order for costs pronounced by the trial judge in favour of the New Sentinel Hill Entities and Darc et al. or to eliminate their right to seek costs in the Court of Appeal.
Granted, with costs
2007-11-20 All material on motion for a re-hearing of the appeal submitted to Justices, CJ Ba Bi LeB De F Abe Cha Ro
2007-11-08 Reply to the response to the motion for a re-hearing of the appeal, (sent to the Court Nov. 20/07) Sentinel Hill Productions (1999) Corporation
2007-11-07 Reply to the response to the motion for a re-hearing of the appeal, (sent to the Court Nov. 20/07) Pacific Cascadia Capital Corporation, Sentinel Hill Entertainment Corporation, Sentinel Hill Productions Corporation, Sentinel Hill Productions II Corporation
2007-11-01 Response to the motion for a re-hearing of the appeal, (to J. Paul Darc et al) (sent to the Court Nov. 20/07), Completed on: 2007-11-01 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2007-11-01 Response to the motion for a re-hearing of the appeal, (to New Sentinel Hill Entities) (sent to the Court Nov. 20/07), Completed on: 2007-11-01 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2007-10-29 Motion for a re-hearing of the appeal, FURTHER REHEARING to clarify the Court's costs order (bookform) (sent to the Court Nov. 20/07), Completed on: 2007-10-31 Sentinel Hill Productions (1999) Corporation
2007-10-29 Motion for a re-hearing of the appeal, FURTHER REHEARING to clarify the Court's costs order (bookform) (sent to the Court Nov. 20/07), Completed on: 2007-10-30 Pacific Cascadia Capital Corporation, Sentinel Hill Entertainment Corporation, Sentinel Hill Productions Corporation, Sentinel Hill Productions II Corporation
2007-10-19 Formal judgment sent to the registrar of the court of appeal and all parties
2007-10-19 Notice of deposit of judgment sent to all parties
2007-10-18 Decision on the motion for a re-hearing of the appeal, CJ Ba Bi LeB De F Abe Cha Ro, UPON AN APPLICATION by the respondent(appellant on cross-appeal) for a rehearing and directions on the issue of costs in this Court and in the courts below and on the proper ambit of the reference to the trial court regarding profits;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
The motion for a rehearing is dismissed without costs. The formal order released on June 1, 2007 is revised to reflect fairly the reasons for judgment. The first and second paragraphs of the formal order are amended to read as follows:
The appeals from the judgments of the Court of Appeal for British Columbia (Vancouver), Number CA030145, 2005 BCCA 35, dated January 21, 2005, and 2005 BCCA 385, dated July 25, 2005, are allowed in part, McLachlin C.J. and Bastarache, LeBel and Abella JJ. dissenting in part. The cross-appeal is dismissed with costs. In light of the divided success on the main issues, and except as otherwise provided for in this order and in the relevant interlocutory orders of this Court, all parties shall bear their own costs in all courts.
Mr. Strother shall account to Monarch Entertainment Corporation (now 3464920 Canada Inc.) for the personal profit gained directly from the Sentinel group and indirectly through his earnings as a partner of Davis & Company on account of billings to Monarch, but only for the period January 1, 1998 to March 31, 1999. A reference is directed to determine appropriate calculation of Strother’s profit. Monarch shall have a money judgment against Strother in the sum thus ascertained. Costs of the reference are to be determined at the discretion of the reference judge.
Dismissed, without costs
2007-08-30 Payment out cheque issued, ($529.90 - reçu #2678)
2007-08-30 Payment out cheque issued, ($529.90 - receipt #2677)
2007-08-22 All material on motion for a re-hearing of the appeal submitted to Justices, CJ Ba Bi LeB De F Abe Cha Ro
2007-08-17 Reply to the response to the motion for a re-hearing of the appeal, (to Robert Strother) 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2007-08-17 Reply to the response to the motion for a re-hearing of the appeal, (to New Sentinel Hill) 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2007-08-16 Approved order for payment out, on consent - receipt # 2678 (sent to Finance on Aug. 17/07)
2007-08-16 Approved order for payment out, on consent - receipt # 2677 (sent to Finance on Aug. 17/07)
2007-08-14 Reply to the response to the motion for a re-hearing of the appeal, (to Paul Darc) 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2007-08-13 Response to the motion for a re-hearing of the appeal, Completed on: 2007-08-13 Robert C. Strother
2007-08-13 Response to the motion for a re-hearing of the appeal, Completed on: 2007-08-13 Sentinel Hill Productions (1999) Corporation
2007-08-13 Response to the motion for a re-hearing of the appeal, Completed on: 2007-08-13 Davis & Company, a partnership
2007-08-03 Notice of change of counsel, From G. K. Macintosh to P. Gall, Q.C. at Heenan Blaikie LLP. Robert C. Strother
2007-08-02 Response to the motion for a re-hearing of the appeal, Completed on: 2007-08-02 J. Paul Darc, J. Paul Darc and Leslie Marie Darc, Trustees of the Darc Family Trust, and the said Darc Family Trust
2007-07-10 Correspondence received from, G. K. Macintosh dated July 9, 2007 (fax copy) re: will be filing a response to motion for re-hearing by August 13, 2007 Robert C. Strother
2007-06-28 Motion for a re-hearing of the appeal, and directions (book form - 15 copies), Completed on: 2007-06-28 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2007-06-04 Formal judgment sent to the registrar of the court of appeal and all parties
2007-06-04 Judgment on appeal and notice of deposit of judgment sent to all parties
2007-06-01 Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, REVISED October 18, 2007
The appeals from the judgments of the Court of Appeal for British Columbia (Vancouver), Number CA030145, 2005 BCCA 35, dated January 21, 2005, and 2005 BCCA 385, dated July 25, 2005, are allowed in part, McLachlin C.J. and Bastarache, LeBel and Abella JJ. dissenting in part. The cross-appeal is dismissed with costs. In light of the divided success on the main issues, and except as otherwise provided for in this order and in the relevant interlocutory orders of this Court, all parties shall bear their own costs in all courts.

Mr. Strother shall account to Monarch Entertainment Corporation (now 3464920 Canada Inc.) for the personal profit gained directly from the Sentinel group and indirectly through his earnings as a partner of Davis & Company on account of billings to Monarch, but only for the period January 1, 1998 to March 31, 1999. A reference is directed to determine the appropriate calculation of Strother's profit. Monarch shall have a money judgment against Strother in the sum thus ascertained. Costs of the reference are to be determined at the discretion of the reference judge.

Davis & Company is not liable for Strother’s breaches of fiduciary duty except under the terms of s. 12 of the Partnership Act, R.S.B.C. 1996, c. 348. The liability of Davis & Company is limited to vicarious liability for the sum found to be due by Strother to Monarch.
Allowed in part, with costs
2006-12-13 Appeal court record, 1 set of transcripts, vol. 1 to vol. 15
2006-10-25 Transcript received, (115 pages)
2006-10-11 Judgment reserved OR rendered with reasons to follow
2006-10-11 Respondent's condensed book, Submitted in Court (14 copies) Sentinel Hill 1999-1 Master Limited Partnership, Sentinel Hill 1999-2 Master Limited Partnership, Sentinel Hill 1999-3 Master Limited Partnership, Sentinel Hill 1999-4 Master Limited Partnership, Sentinel Hill 1999-5 Master Limited Partnership
2006-10-11 Appellant's condensed book, Submitted in Court (14 copies) 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2006-10-11 Appellant's condensed book, Submitted in Court (14 copies) Robert C. Strother
2006-10-11 Acknowledgement and consent for video taping of proceedings, From all parties
2006-10-11 Hearing of the appeal, 2006-10-11, CJ Ba Bi LeB De F Abe Cha Ro
Judgment reserved
2006-10-10 Notice of appearance, Michael J. Sobkin will also be present at the hearing. J. Paul Darc, J. Paul Darc and Leslie Marie Darc, Trustees of the Darc Family Trust, and the said Darc Family Trust
2006-10-10 Correspondence received from, Sally Gomery dated October 5, 2006. Re: No objection for J. Rothstein Davis & Company, a partnership
2006-10-04 Correspondence (sent by the Court) to, Sent to all parties by fax. Re: Justice Rothstein
2006-10-04 Appellant's book of authorities, SUPPLEMENTAL, Completed on: 2006-10-04 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2006-10-04 Notice of hearing sent to parties
2006-10-02 Notice of appearance, Terrence O'Sullivan and Paul Michell will be present at the hearing. Canadian Bar Association
2006-09-29 Notice of appearance, David C. Harris and Andrea Mackay will be present at the hearing. Sentinel Hill 1998 Master Limited Partnership, Sentinel Hill 1998-2 Master Limited Partnership, Sentinel Hill Productions No. 5 Limited Partnership, Sentinel Hill Productions No. 7 Limited Partnership
2006-09-28 Notice of appearance, Rose-Mary Liu Basham, Q.C., Robert D. Holmes and Leslie J. Muir will be appearing at the hearing. 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2006-09-11 Notice of appearance, Kenneth N. Affleck, Q.C. and Lisa A. Warren will be present at the hearing. J. Paul Darc, J. Paul Darc and Leslie Marie Darc, Trustees of the Darc Family Trust, and the said Darc Family Trust
2006-09-11 Notice of appearance, George K. Macintosh, Q.C., J. Kenneth McEwan, Q.C. and Robin M. Elliot, Q.C. will be present at the hearing. Robert C. Strother
2006-09-08 Notice of appearance, Geoffrey Gomery will be appearing. Davis & Company, a partnership
2006-09-07 Order on motion for additional time to present oral argument, (BY DESCHAMPS J.)
2006-09-07 Decision on motion for additional time to present oral argument, De, UPON APPLICATION by the respondent 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation) for an order that the appeals herein be set for hearing for 2 full days and that counsel for Monarch have leave to present oral argument to a maximum of 4.4 hours in total, and further that the other parties have leave to present oral argument to a maximum of: 1 hour 55 minutes - Robert C. Strother et al, 1 hour 40 minutes - Davis & Company, 45 minutes - the Sentinel Hill Entities and J. Paul Darc;
AND THE MATERIEL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed with costs. However, the respondent 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation) may elect to divide its oral argument between three counsel.
Dismissed, with costs
2006-09-07 Submission of motion for additional time to present oral argument, De
2006-08-25 Reply to the motion for additional time to present oral argument, Completed on: 2006-08-25 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2006-08-24 Notice of hearing sent to parties
2006-08-23 Response to the motion for additional time to present oral argument, (Letter Form), from Sally Gomery dated Aug. 23/06 re: oppose the motion for additional time, Completed on: 2006-08-23 Davis & Company, a partnership
2006-08-23 Order by, De, FURTHER TO THE ORDER of Deschamps J. dated May 29, 2006, granting leave to intervene to
the Canadian Bar Association;
IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2006-08-22 Correspondence received from, Farris dated Aug. 22/06 re: erratum in response to Motion for more time for oral arguments Robert C. Strother
2006-08-22 Response to the motion for additional time to present oral argument, (Letter Form), from Farris re: oppose request for extra time, Completed on: 2006-08-22 Robert C. Strother
2006-08-22 Motion for additional time to present oral argument, (paper form) by Monarch to present 4.4 hours of oral arguments - draft order requested, Incomplete 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2006-08-21 Appeal hearing scheduled, 2006-10-11
Judgment reserved
2006-08-09 Notice of change of counsel, Berardino & Harris has merged with Hunter Litigation Chambers Law Corporation Sentinel Hill 1999-1 Master Limited Partnership, Sentinel Hill 1999-2 Master Limited Partnership, Sentinel Hill 1999-3 Master Limited Partnership, Sentinel Hill 1999-4 Master Limited Partnership, Sentinel Hill 1999-5 Master Limited Partnership
2006-07-24 Book of authorities, Completed on: 2006-07-24 Canadian Bar Association
2006-07-24 Intervener's factum, (CD rec'd July 31/06), Completed on: 2006-07-31 Canadian Bar Association
2006-07-17 Notice of change of counsel, Change of agent to Burke-Robertson Canadian Bar Association
2006-07-13 Notice of change of counsel, from Gavin MacKenzie of Heenan Blaikie to Terrence J. O'Sullivan and M. Paul Michell of Lax O'Sullivan Scott (by fax) Canadian Bar Association
2006-07-04 Reply factum on appeal, Completed on: 2006-07-04 J. Paul Darc, J. Paul Darc and Leslie Marie Darc, Trustees of the Darc Family Trust, and the said Darc Family Trust
2006-06-29 Order on motion to strike out
2006-06-29 Decision on motion to strike out, Abe, Upon application made on behalf of the Darc Respondents for the following:(a) an Order striking out paragraphs 103 through 121 of the Respondent's Factum of 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation) ("Monarch") of 24 May 2006, delivered in response to the Appellant's Factum of Robert C. Strother;
(b) an Order striking out paragraphs 56 through 62, paragraph 93 and paragraphs 160 through 167 of Monarch's Factum delivered in response to the Appellant Davis & Company or, alternatively;
(c) an Order giving leave to the Darc Respondents to deliver a Reply to the Facta of Monarch as Respondent to Strother and Davis;
(d) or such further or other Order as the presiding Rota Judge may deem appropriate.
IT IS HEREBY ORDERED that:
1) Leave be given to the Darc Respondents to deliver a Reply to the Facta of Monarch as Respondent to Strother and Davis. The Reply is as set out as Appendix "A" to the Darc Respondents' Notice of Motion herein; and
2) Costs to be determined at the hearing of the appeal.
Allowed in part, with costs in the cause
2006-06-29 Submission of motion to strike out, Abe
2006-06-20 Correspondence received from, Sally Gomery re: timetable suggested for the hearing (c.c. to all parties) Davis & Company, a partnership
2006-06-20 Correspondence received from, Sally Gomery re: proposal of allocation of time for oral argument (all parties are in agreement - rec'd by fax) Davis & Company, a partnership
2006-06-15 Reply to motion to strike out, (book form), Completed on: 2006-06-15 J. Paul Darc, J. Paul Darc and Leslie Marie Darc, Trustees of the Darc Family Trust, and the said Darc Family Trust
2006-06-14 Response to motion to strike out, (book form), Completed on: 2006-06-14 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2006-06-07 Motion to strike out, paragraphs of the respondent's factum of 3464920 Canada Inc. and Monarch in response to R. C. Strother and Davis & Co.'s factum - book form, Completed on: 2006-06-07 J. Paul Darc, J. Paul Darc and Leslie Marie Darc, Trustees of the Darc Family Trust, and the said Darc Family Trust
2006-05-29 Respondent's record, Completed on: 2006-05-29 Robert C. Strother
2006-05-29 Respondent's book of authorities, Completed on: 2006-05-29 Robert C. Strother
2006-05-29 Respondent's factum, Completed on: 2006-05-29 Robert C. Strother
2006-05-29 Letter sent to Intervener(s)
2006-05-29 Order on motion for leave to intervene, (BY DESCHAMPS J.)
2006-05-29 Decision on the motion for leave to intervene, De, The motion for leave to intervene of the applicant, the Canadian Bar Association, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener.
The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention.
Granted
2006-05-29 Submission of motion for leave to intervene, De
2006-05-29 Appeal perfected for hearing
2006-05-26 Respondent's record, (Vol. I to VII), Completed on: 2006-05-26 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2006-05-26 Respondent's book of authorities, (Vol. I to V), Completed on: 2006-05-26 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2006-05-26 Respondent's factum, Completed on: 2006-05-26 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2006-05-26 Respondent's factum, Completed on: 2006-06-01 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2006-05-26 Respondent's record, Completed on: 2006-05-26 Davis & Company, a partnership
2006-05-26 Respondent's book of authorities, Completed on: 2006-05-26 Davis & Company, a partnership
2006-05-26 Respondent's factum, Completed on: 2006-05-26 Davis & Company, a partnership
2006-05-26 Respondent's book of authorities, (service rec'd June 12/06), Completed on: 2006-06-13 J. Paul Darc, J. Paul Darc and Leslie Marie Darc, Trustees of the Darc Family Trust, and the said Darc Family Trust
2006-05-26 Respondent's record, (service rec'd June 12/06), Completed on: 2006-06-13 J. Paul Darc, J. Paul Darc and Leslie Marie Darc, Trustees of the Darc Family Trust, and the said Darc Family Trust
2006-05-26 Respondent's factum, (service rec'd June 12/06), Completed on: 2006-06-13 J. Paul Darc, J. Paul Darc and Leslie Marie Darc, Trustees of the Darc Family Trust, and the said Darc Family Trust
2006-05-26 Respondent's record, (Vol. I and II - service rec'd May 29/06), Completed on: 2006-05-26 Sentinel Hill 1999-1 Master Limited Partnership, Sentinel Hill 1999-2 Master Limited Partnership, Sentinel Hill 1999-3 Master Limited Partnership, Sentinel Hill 1999-4 Master Limited Partnership, Sentinel Hill 1999-5 Master Limited Partnership
2006-05-26 Respondent's book of authorities, (service rec'd May 29/06), Completed on: 2006-05-26 Sentinel Hill 1999-1 Master Limited Partnership, Sentinel Hill 1999-2 Master Limited Partnership, Sentinel Hill 1999-3 Master Limited Partnership, Sentinel Hill 1999-4 Master Limited Partnership, Sentinel Hill 1999-5 Master Limited Partnership
2006-05-26 Respondent's factum, (service rec'd May 29), Completed on: 2006-05-31 Sentinel Hill 1999-1 Master Limited Partnership, Sentinel Hill 1999-2 Master Limited Partnership, Sentinel Hill 1999-3 Master Limited Partnership, Sentinel Hill 1999-4 Master Limited Partnership, Sentinel Hill 1999-5 Master Limited Partnership
2006-05-19 Reply to the motion for leave to intervene, (bookform), Completed on: 2006-05-19 Canadian Bar Association
2006-05-16 Response to the motion for leave to intervene, (Letter Form), Rec'd by fax - c.c. to all parties (no position), Completed on: 2006-05-16 Sentinel Hill 1999-1 Master Limited Partnership, Sentinel Hill 1999-2 Master Limited Partnership, Sentinel Hill 1999-3 Master Limited Partnership, Sentinel Hill 1999-4 Master Limited Partnership, Sentinel Hill 1999-5 Master Limited Partnership
2006-05-12 Response to the motion for leave to intervene, (Letter Form), from H. Brown dated May 12, 2006 (fax copy) re: intervention by CBA, Completed on: 2006-05-12 Robert C. Strother
2006-05-12 Response to the motion for leave to intervene, (Letter Form), from H. Brown dated May 12, 2006 (fax copy) re: intervention by CBA, Completed on: 2006-05-12 J. Paul Darc, J. Paul Darc and Leslie Marie Darc, Trustees of the Darc Family Trust, and the said Darc Family Trust
2006-05-12 Response to the motion for leave to intervene, (Book Form), Completed on: 2006-05-12 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2006-05-10 Response to the motion for leave to intervene, Completed on: 2006-05-10 Davis & Company, a partnership
2006-05-04 Motion for leave to intervene, (book form), Completed on: 2006-05-04 Canadian Bar Association
2006-04-28 Order on motion to file a lengthy factum, (BY THE REGISTRAR)
2006-04-28 Decision on motion to file a lengthy factum, Reg, UPON APPLICATIONS by the appellant, Davis & Company, a partnership, and the appellants, Robert C. Strother, Strother Family Trust (Trust No. 1) and University Hill Holdings Inc. formerly known as 589918 British Columbia Ltd. (Company No. 1), for an order for leave to file factums in excess of 40 pages;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
1) The motion is granted.
2) The appellant, Davis & Company, a partnership, shall be permitted to serve and file a factum not exceeding 60 pages in length.
3) The appellants, Robert C. Strother, Strother Family Trust (Trust No. 1) and University Hill Holdings Inc. formerly known as 589918 British Columbia Ltd. (Company No. 1), shall be permitted to serve and file a factum not exceeding 60 pages in length.
AND IT IS FURTHER ORDERED THAT:
1) The respondent, 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation) shall be permitted to serve and file two factums not exceeding 60 pages in length each.

Granted
2006-04-28 Submission of motion to file a lengthy factum, Reg
2006-04-24 Response to the motion to file a lengthy factum, (Letter Form), from Henry S. Brown, Q.C. dated Apr. 21/06 (re: lenghty respondent's factum - see Monarch's response), Completed on: 2006-04-24 Robert C. Strother
2006-04-19 Response to the motion to file a lengthy factum, (by Strother et al), Completed on: 2006-04-19 Davis & Company, a partnership
2006-04-13 Response to the motion to file a lengthy factum, (by Strother)(bookform), Completed on: 2006-04-13 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2006-04-13 Response to the motion to file a lengthy factum, (by Davis & Co)(bookform), Completed on: 2006-04-13 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2006-04-13 Response to the motion to file a lengthy factum, (Letter Form), from Henry S. Brown, Q.C. dated Apr. 12/06 (motions by Strother and Davis & Co), Completed on: 2006-04-13 J. Paul Darc, J. Paul Darc and Leslie Marie Darc, Trustees of the Darc Family Trust, and the said Darc Family Trust
2006-04-10 Motion to file a lengthy factum, (to file a single factum of 60 pages)(affidavit in support in book form), Completed on: 2006-07-21 Robert C. Strother
2006-04-07 Motion to file a lengthy factum, from Ogilvy Renaud to file a factum of 60 pages, Completed on: 2006-04-07 Davis & Company, a partnership
2006-04-06 Correspondence received from, Gowlings by e-mail dated Apr. 6/06 re: motion for lengthy factum requested Robert C. Strother
2006-04-05 Appellant's book of authorities, Completed on: 2006-04-05 Davis & Company, a partnership
2006-04-05 Appellant's record, Completed on: 2006-04-05 Davis & Company, a partnership
2006-04-05 Appellant's factum, (motion for lenghty doc. filed Apr. 7/06)(CD returned for corrections, rec'd Apr. 25/06), Completed on: 2006-04-25 Davis & Company, a partnership
2006-04-04 General proceeding, Notice of appointment of Gowlings as Ott. Agent Sentinel Hill 1999-1 Master Limited Partnership, Sentinel Hill 1999-2 Master Limited Partnership, Sentinel Hill 1999-3 Master Limited Partnership, Sentinel Hill 1999-4 Master Limited Partnership, Sentinel Hill 1999-5 Master Limited Partnership
2006-04-03 Appellant's book of authorities, Vol. I to V, Completed on: 2006-04-03 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2006-04-03 Appellant's factum, Completed on: 2006-04-03 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2006-04-03 Appellant's record, Vol. I to VII (12 copies only), Completed on: 2006-04-03 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2006-04-03 Appellant's book of authorities, Vol. I to III, Completed on: 2006-04-03 Robert C. Strother
2006-04-03 Appellant's factum, (motion to file a factum of 60 pages rec'd) (New CD rec'd), Completed on: 2006-04-27 Robert C. Strother
2006-04-03 Appellant's record, (12 copies only), Completed on: 2006-04-03 Robert C. Strother
2006-03-09 Correspondence received from, (MaCaulay McColl dated Mar. 3/06 re: not available for hearing Oct. 11-12/06, counsel is in a 2 weeks trial) J. Paul Darc, J. Paul Darc and Leslie Marie Darc, Trustees of the Darc Family Trust, and the said Darc Family Trust
2006-02-27 Appellant's record, (Joint Appellants' record - Parts I and II), Completed on: 2006-03-20 Davis & Company, a partnership
2006-02-06 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2006-01-23 Appeal court record, (1 small box)
2006-01-17 Notice of deposit for security, (2678) Robert C. Strother
2006-01-17 Notice of deposit for security, (2677) Robert C. Strother
2006-01-11 Notice of appeal, (from the Judgment of the Court of Appeal Jan. 21/05 and July 25/05), Completed on: 2006-01-11 Davis & Company, a partnership
2006-01-10 Notice of appeal, (from Judgement of Court of Appeal Jan. 21/05), Completed on: 2006-01-10 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2006-01-10 Notice of appeal, (from decision of Court of Appeal July 25/05), Completed on: 2006-01-10 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2006-01-06 Notice of appeal, (from judgment of C.A. dated July 25, 2005), Completed on: 2006-01-17 Robert C. Strother
2006-01-06 Notice of appeal, (from judgment of C. A. dated Jan. 21, 2005), Completed on: 2006-01-17 Robert C. Strother
2005-12-16 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2005-12-16 Judgment on leave sent to the parties
2005-12-15 Judgment of the Court on the application for leave to appeal, The applications for an extension of time are granted and the applications by Davis & Company, a partnership and by Robert C. Strother, et al. for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA030145, 2005 BCCA 35, dated January 21, 2005, are granted with costs to the applicants in any event of the cause.

The application for an extension of time is granted. The application by 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation) for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA030145, 2005 BCCA 35, dated January 21, 2005, is granted. Costs to the applicant in any event of the cause, as against all respondents except with respect to the Darc respondents.

The motion to strike out the reply of applicant 3464920 Canada Inc. to the response of J. Paul Darc, et al. is dismissed with costs. The applications by Davis & Company, a partnership and by Robert C. Strother, et al. for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA030145, 2005 BCCA 385, dated July 25, 2005, are granted with costs to the applicants in any event of the cause.

The application by 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation) for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA030145, 2005 BCCA 385, dated July 25, 2005, is granted. Costs to the applicant in any event of the cause, as against all respondents except with respect to the Darc respondents.

Granted, with costs
2005-12-15 Decision on motion to strike out, see judgment on leave.
Dismissed, with costs
2005-12-15 Decision on motion to extend time to file and /or serve the leave application, see judgment on leave.
Granted
2005-11-22 Decision on motion to extend time, to serve and file the respondent, New Sentinel Entities, response to Oct. 31/05, DeRg
Granted
2005-11-18 Submission of motion to extend time, DeRg
2005-11-17 Motion to extend time, to serve and file the response to Oct. 31/05 (the consents are joint to the affidavit), Completed on: 2005-11-17 Sentinel Hill 1999-1 Master Limited Partnership, Sentinel Hill 1999-2 Master Limited Partnership, Sentinel Hill 1999-3 Master Limited Partnership, Sentinel Hill 1999-4 Master Limited Partnership, Sentinel Hill 1999-5 Master Limited Partnership
2005-11-15 Correspondence received from, Leslie J. Muir dated Nov. 14/05 re: all parts of application are public 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2005-11-14 General proceeding, Lower Court Order, BCSC unsealed exhibits Robert C. Strother
2005-11-14 All materials on application for leave submitted to the Judges, re: all six leave applications, CJ Bi Cha
2005-11-14 Submission of motion to extend time to file and/ or serve the leave application, re: three leave applications from the judgment of January 21/05, CJ Bi Cha
2005-11-14 Submission of motion to strike out, CJ Bi Cha
2005-11-14 Correspondence received from, Sally Gomery by e-mail dated Nov. 14/05 re: all parts of application for leave are public Davis & Company, a partnership
2005-11-14 Correspondence received from, Gowlings by e-mail dated Nov. 14/05 re: application is now unsealed Robert C. Strother
2005-11-10 Correspondence received from, A. Mackay dated Nov. 9/05 (by fax) re: will file extension of time for response Sentinel Hill 1999-1 Master Limited Partnership, Sentinel Hill 1999-2 Master Limited Partnership, Sentinel Hill 1999-3 Master Limited Partnership, Sentinel Hill 1999-4 Master Limited Partnership, Sentinel Hill 1999-5 Master Limited Partnership
2005-11-08 Response to motion to strike out, (bookform)(3 extra copies rec'd Nov. 10/05), Completed on: 2005-11-08 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2005-11-04 Applicant's reply to respondent's argument, (of 3464920 Canada Inc.), Completed on: 2005-11-04 Davis & Company, a partnership
2005-11-04 Applicant's reply to respondent's argument, Reply of second application of judgment of July 25, 2005., Completed on: 2005-11-04 Robert C. Strother
2005-11-03 Motion to strike out, the applicant's 3464920 Canada Inc. reply to J. Paul Darc's et al response (bookform)(3 extra copies rec'd Nov. 10/05), Completed on: 2005-11-03 J. Paul Darc, J. Paul Darc and Leslie Marie Darc, Trustees of the Darc Family Trust, and the said Darc Family Trust
2005-10-31 Respondent's response on the application for leave to appeal, (Third Application judgment of July 25/05 / Extension of time requested - rec'd Nov. 17/05) (sent to the judges Nov. 23/05), Completed on: 2005-11-17 Sentinel Hill 1999-1 Master Limited Partnership, Sentinel Hill 1999-2 Master Limited Partnership, Sentinel Hill 1999-3 Master Limited Partnership, Sentinel Hill 1999-4 Master Limited Partnership, Sentinel Hill 1999-5 Master Limited Partnership
2005-10-31 Applicant's reply to respondent's argument, Reply to Strother, Completed on: 2005-10-31 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2005-10-27 Respondent's response on the application for leave to appeal, Response to the second application from judgment of July 25/05., Completed on: 2005-10-27 Robert C. Strother
2005-10-26 Applicant's reply to respondent's argument, Completed on: 2005-10-26 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2005-10-26 Respondent's response on the application for leave to appeal, Response to the First application from judgment of July 25, 2005., Completed on: 2005-10-26 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2005-10-26 Respondent's response on the application for leave to appeal, Response to the Second application from judgment of July 25/05., Completed on: 2005-10-26 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2005-10-24 Respondent's response on the application for leave to appeal, Response from Third application from judgment of July 25/05, Completed on: 2005-10-24 Robert C. Strother
2005-10-21 Respondent's response on the application for leave to appeal, Response on the third application from judgment of July 25/05., Completed on: 2005-10-21 Pacific Cascadia Capital Corporation, Sentinel Hill Entertainment Corporation, Sentinel Hill Productions Corporation, Sentinel Hill Productions II Corporation
2005-10-20 Respondent's response on the application for leave to appeal, Response to the Third application from judgment of July 25/05., Completed on: 2005-10-20 Davis & Company, a partnership
2005-10-20 Respondent's response on the application for leave to appeal, Response to the Second application from judgment of July 25/05., Completed on: 2005-10-20 Davis & Company, a partnership
2005-10-17 Correspondence (sent by the Court) to, all parties; re: all 6 leave app. will be submitted at the same time
2005-10-13 Letter acknowledging receipt of a complete application for leave to appeal
2005-10-11 Letter acknowledging receipt of a complete application for leave to appeal
2005-10-11 Letter acknowledging receipt of a complete application for leave to appeal
2005-10-07 General proceeding, lower court sealing order Robert C. Strother
2005-10-06 Correspondence received from, Ardella A. Thompson dated Oct. 5/05 re: all parties have no objection to have sealed exhibit in the public file Davis & Company, a partnership
2005-09-29 Application for leave to appeal, (Second application from judgment dated JULY 25/050 (C/A order rec'd Oct 7/05), Completed on: 2005-10-13 Robert C. Strother
2005-09-28 Book of authorities, (first application) Davis & Company, a partnership
2005-09-28 Application for leave to appeal, (First application from judgment dated JULY 25/05)(C/A order rec'd Oct 7/05), Completed on: 2005-10-07 Davis & Company, a partnership
2005-09-26 Application for leave to appeal, (Third application from judgment dated JULY 25/05)(C/A order rec'd Oct. 7/05), Completed on: 2005-09-26 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2005-09-01 Correspondence received from, Sally Gomery dated Sept. 1/05 re: requests a delay of the Court's decision to Oct. 31/05 Davis & Company, a partnership
2005-08-23 Response to the motion to extend the time to file and / or serve the leave application, Completed on: 2005-08-16 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2005-08-22 Response to the motion to extend the time to file and / or serve the leave application, (included in Monarch's motion book), Completed on: 2005-08-22 Sentinel Hill 1999-1 Master Limited Partnership, Sentinel Hill 1999-2 Master Limited Partnership, Sentinel Hill 1999-3 Master Limited Partnership, Sentinel Hill 1999-4 Master Limited Partnership, Sentinel Hill 1999-5 Master Limited Partnership
2005-08-22 Response to the motion to extend the time to file and / or serve the leave application, (included in Monarch's motion book), Completed on: 2005-08-22 Davis & Company, a partnership
2005-08-22 Motion to extend the time to file and or serve the application for leave to appeal, (Re Rule 64) to Oct. 10/05 (bookform), Completed on: 2005-08-22 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2005-08-16 Motion to extend the time to file and or serve the application for leave to appeal, (Re rule 64) to Oct. 10/05, Completed on: 2005-08-16 Robert C. Strother
2005-08-16 Response to the motion to extend the time to file and / or serve the leave application, (included in motion book), Completed on: 2005-08-16 Pacific Cascadia Capital Corporation, Sentinel Hill Entertainment Corporation, Sentinel Hill Productions Corporation, Sentinel Hill Productions II Corporation
2005-08-16 Response to the motion to extend the time to file and / or serve the leave application, (included in motion book), Completed on: 2005-08-16 Robert C. Strother
2005-08-16 Motion to extend the time to file and or serve the application for leave to appeal, (Re Rule 64) to Oct. 10/05, Completed on: 2005-08-16 Davis & Company, a partnership
2005-08-10 Letter and notice pursuant to Rule 64 sent to, all parties Aug. 12/05 (Third Application)
2005-07-26 Letter and notice pursuant to Rule 64 sent to, to all parties July 29/05
2005-06-16 Correspondence received from, Nathanson, Scharcheter & Thompson LLP re: le status of the C/A Order. Davis & Company, a partnership
2005-04-29 Applicant's reply to respondent's argument, Reply to Third application, J. Paul Darc, Completed on: 2005-04-29 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2005-04-29 Applicant's reply to respondent's argument, Reply to Third application, Robert C. Strother, Completed on: 2005-04-29 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2005-04-29 Applicant's reply to respondent's argument, Reply to Third application, New Sentinel Hill Entities, Completed on: 2005-04-29 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2005-04-25 Applicant's reply to respondent's argument, Reply to Second application, Completed on: 2005-04-25 Robert C. Strother
2005-04-25 Applicant's reply to respondent's argument, Reply to First application, Completed on: 2005-04-25 Davis & Company, a partnership
2005-04-20 Book of authorities, Response to Third application (service missing) Sentinel Hill Productions (1999) Corporation
2005-04-20 Respondent's response on the application for leave to appeal, Response to Third application. Service missing - Rec'd April 26, 2005, Completed on: 2005-04-27 Sentinel Hill Productions (1999) Corporation
2005-04-20 Respondent's response on the application for leave to appeal, Response to Third apllication, Completed on: 2005-04-20 Robert C. Strother
2005-04-20 Respondent's response on the application for leave to appeal, Response to Third application, Completed on: 2005-04-20 Davis & Company, a partnership
2005-04-19 Notice of change of solicitor, from George K. Macintosh, Q.C. to Kenneth N. Affleck, Q.C. J. Paul Darc, J. Paul Darc and Leslie Marie Darc, Trustees of the Darc Family Trust, and the said Darc Family Trust
2005-04-19 Book of authorities, Response to Third application J. Paul Darc, J. Paul Darc and Leslie Marie Darc, Trustees of the Darc Family Trust, and the said Darc Family Trust
2005-04-19 Respondent's response on the application for leave to appeal, Response to Third application, Completed on: 2005-04-19 J. Paul Darc, J. Paul Darc and Leslie Marie Darc, Trustees of the Darc Family Trust, and the said Darc Family Trust
2005-04-19 Respondent's response on the application for leave to appeal, Response to Second application, Completed on: 2005-04-19 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2005-04-19 Respondent's response on the application for leave to appeal, Response to First application, Completed on: 2005-04-19 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2005-04-06 Letter acknowledging receipt of an incomplete application for leave to appeal, (Third Application)
2005-04-06 Letter acknowledging receipt of an incomplete application for leave to appeal, (Second application)
2005-04-06 Letter acknowledging receipt of an incomplete application for leave to appeal, (First Application)
2005-03-22 Application for leave to appeal, (Third Application from judgment dated JANUARY 21/05) - C/A Order missing - Rec'd August 22, 2005, Completed on: 2005-08-23 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)
2005-03-22 Application for leave to appeal, (Second Application from judgment dated JANUARY 21/05 ) - C/A Order missing - Rec'd August 22, 2005, Completed on: 2005-08-23 Robert C. Strother
2005-03-22 Book of authorities, (First Application) Davis & Company, a partnership
2005-03-22 Application for leave to appeal, (First Application from judgment dated JANUARY 21/05) C/A Order missing - Rec'd August 22, 2005, Completed on: 2005-08-23 Davis & Company, a partnership

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
Davis & Company, a partnership Appellant Active

v.

Main parties - Respondents
Name Role Status
3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation) Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Strother, Robert C. Appellant Active

v.

Sub parties (1) - Respondents
Name Role Status
3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation) Respondent Active

And Between

Sub parties (2) - Appellants
Name Role Status
Strother, Robert C. Appellant Active
Strother Family Trust (Trust No. 1) and University Hill Holdings Inc. formerly known as 589918 British Columbia Ltd. (Company No. 1) Appellant Active

v.

Sub parties (2) - Respondents
Name Role Status
3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation) Respondent Active

And Between

Sub parties (3) - Appellants
Name Role Status
3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation) Appellant Active

v.

Sub parties (3) - Respondents
Name Role Status
Strother, Robert C. Respondent Active
Davis & Company, a partnership Respondent Active
Pacific Cascadia Capital Corporation, Sentinel Hill Entertainment Corporation, Sentinel Hill Productions Corporation, Sentinel Hill Productions II Corporation Respondent Active
Sentinel Hill Productions (1999) Corporation Respondent Active
Sentinel Hill Management Corporation Respondent Active
Sentinel Hill 1999-1 Master Limited Partnership, Sentinel Hill 1999-2 Master Limited Partnership, Sentinel Hill 1999-3 Master Limited Partnership, Sentinel Hill 1999-4 Master Limited Partnership, Sentinel Hill 1999-5 Master Limited Partnership Respondent Active
Sentinel Hill 1999-6 Master Limited Partnership Respondent Active
J. Paul Darc, J. Paul Darc and Leslie Marie Darc, Trustees of the Darc Family Trust, and the said Darc Family Trust Respondent Active
Sentinel Hill 1998 Master Limited Partnership, Sentinel Hill 1998-2 Master Limited Partnership, Sentinel Hill Productions No. 5 Limited Partnership, Sentinel Hill Productions No. 7 Limited Partnership Respondent Active
Sentinel Hill 1999 Master Limited Partnership, Sentinel Hill Ventures Corporation, Sentinel Hill Alliance Atlantis Equicap Millenium Limited Partnership, Sentinel Hill Productions III Corporation Respondent Active
Sentinel Hill Alliance Atlantis Equicap Limited Partnership, Sentinel Hill GP Corporation Respondent Active
Company No.1, Company No.2, Company No.3, Company No.4, Company No.5, Company No.6, Company No.7, Company No.8, Company No.9, Company No.10 Respondent Active
Partnership No.1, Partnership No.2, Partnership No.3, Partnership No.4, Partnership No.5, Partnership No.6, Partnership No.7, Partnership No.8, Partnership No.9, Partnership No. 10 Respondent Active
Trust No.1, Trust No.2, Trust No.3, Trust No.4, Trust No.5, Trust No.6, Trust No.7, Trust No.8, Trust No.9, Trust No.10 Respondent Active

Other parties

Other parties
Name Role Status
Canadian Bar Association Intervener Active

Counsel

Party: Davis & Company, a partnership

Counsel
Names
Irwin G. Nathanson, Q.C.
Ardella A. Thompson
Jeoffrey Gomery
Contact information
Nathanson, Schachter & Thompson
750 - 900 Howe Street
Vancouver, British Columbia
V6Z 2M4
Telephone: (604) 662-8840
FAX: (604) 684-1598
Email: inathanson@nst.bc.ca
Agent
Name
Sally A. Gomery
Contact information
Ogilvy Renault LLP
1500 - 45, O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Email: sgomery@ogilvyrenault.com

Party: 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation)

Counsel
Names
Rosemary Basham, Q.C.
Robert D. Holmes
Leslie J. Muir
Contact information
Holmes & King
1300 - 1111 West Georgia Street
Vancouver, British Columbia
V6E 4M3
Telephone: (604) 681-1310
FAX: (604) 681-1307
Agent
Name
Pamela J. MacEachern
Contact information
Nelligan O'Brien Payne LLP
1900 - 66 Slater Street
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8220
FAX: (613) 788-3698

Party: Strother, Robert C.

Counsel
Names
Peter A. Gall, Q.C.
Robin M. Elliot, Q.C.
Robert W. Grant
George K. Macintosh, Q.C.
Contact information
Heenan Blaikie LLP
2200 - 1055 Hastings Street West
Vancouver, British Columbia
V6E 2E9
Telephone: (604) 891-1152
FAX: (866) 287-6553
Email: PGall@Heenan.ca
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
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: Strother Family Trust (Trust No. 1) and University Hill Holdings Inc. formerly known as 589918 British Columbia Ltd. (Company No. 1)

Counsel
Names
Peter A. Gall, Q.C.
Robin M. Elliot, Q.C.
Robert W. Grant
George K. Macintosh, Q.C.
Contact information
Heenan Blaikie LLP
2200 - 1055 Hastings Street West
Vancouver, British Columbia
V6E 2E9
Telephone: (604) 891-1152
FAX: (866) 287-6553
Email: PGall@Heenan.ca
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
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: Pacific Cascadia Capital Corporation, Sentinel Hill Entertainment Corporation, Sentinel Hill Productions Corporation, Sentinel Hill Productions II Corporation

Counsel
Names
Kenneth N. Affleck, Q.C.
Lisa A. Warren
Contact information
Macaulay McColl
1575 - 650 West Georgia Street
Vancouver, British Columbia
V6B 4N9
Telephone: (604) 687-9811
FAX: (604) 687-8716
Email: kaffleck@macaulay.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
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: Sentinel Hill Productions (1999) Corporation

Counsel
Name
William Berardino, Q.C.
Contact information
Hunter Litigation Chambers Law Corporation
1040 West Georgia Street
Suite 2100
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 891-2400
FAX: (604) 647-4554
Email: bberardino@litigationchambers.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
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: Sentinel Hill Management Corporation

Counsel
Names
Kenneth N. Affleck, Q.C.
Lisa A. Warren
Contact information
Macaulay McColl
1575 - 650 West Georgia Street
Vancouver, British Columbia
V6B 4N9
Telephone: (604) 687-9811
FAX: (604) 687-8716
Email: kaffleck@macaulay.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
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: Sentinel Hill 1999-1 Master Limited Partnership, Sentinel Hill 1999-2 Master Limited Partnership, Sentinel Hill 1999-3 Master Limited Partnership, Sentinel Hill 1999-4 Master Limited Partnership, Sentinel Hill 1999-5 Master Limited Partnership

Counsel
Names
William Berardino, Q.C.
David C. Harris, Q.C.
Andrea N. McKay
Contact information
Hunter Litigation Chambers Law Corporation
1040 West Georgia Street
Suite 2100
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 891-2400
FAX: (604) 647-4554
Email: bberardino@litigationchambers.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
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: Sentinel Hill 1999-6 Master Limited Partnership

Counsel
Name
William Berardino, Q.C.
Contact information
Hunter Litigation Chambers Law Corporation
1040 West Georgia Street
Suite 2100
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 891-2400
FAX: (604) 647-4554
Email: bberardino@litigationchambers.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
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: J. Paul Darc, J. Paul Darc and Leslie Marie Darc, Trustees of the Darc Family Trust, and the said Darc Family Trust

Counsel
Names
Kenneth N. Affleck, Q.C.
Lisa A. Warren
Michael J. Sobkin
Contact information
Macaulay McColl
1575 - 650 West Georgia Street
Vancouver, British Columbia
V6B 4N9
Telephone: (604) 687-9811
FAX: (604) 687-8716
Email: kaffleck@macaulay.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
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: Sentinel Hill 1998 Master Limited Partnership, Sentinel Hill 1998-2 Master Limited Partnership, Sentinel Hill Productions No. 5 Limited Partnership, Sentinel Hill Productions No. 7 Limited Partnership

Counsel
Name
William Berardino, Q.C.
Contact information
Hunter Litigation Chambers Law Corporation
1040 West Georgia Street
Suite 2100
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 891-2400
FAX: (604) 647-4554
Email: bberardino@litigationchambers.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
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: Sentinel Hill 1999 Master Limited Partnership, Sentinel Hill Ventures Corporation, Sentinel Hill Alliance Atlantis Equicap Millenium Limited Partnership, Sentinel Hill Productions III Corporation

Counsel
Name
William Berardino, Q.C.
Contact information
Hunter Litigation Chambers Law Corporation
1040 West Georgia Street
Suite 2100
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 891-2400
FAX: (604) 647-4554
Email: bberardino@litigationchambers.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
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: Sentinel Hill Alliance Atlantis Equicap Limited Partnership, Sentinel Hill GP Corporation

Counsel
Names
William Berardino, Q.C.
David C. Harriis
Andrea N. Makay
Contact information
Hunter Litigation Chambers Law Corporation
1040 West Georgia Street
Suite 2100
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 891-2400
FAX: (604) 647-4554
Email: bberardino@litigationchambers.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
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: Company No.1, Company No.2, Company No.3, Company No.4, Company No.5, Company No.6, Company No.7, Company No.8, Company No.9, Company No.10

Counsel
Names
Kenneth N. Affleck, Q.C.
Lisa A. Warren
Contact information
Macaulay McColl
1575 - 650 West Georgia Street
Vancouver, British Columbia
V6B 4N9
Telephone: (604) 687-9811
FAX: (604) 687-8716
Email: kaffleck@macaulay.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
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: Partnership No.1, Partnership No.2, Partnership No.3, Partnership No.4, Partnership No.5, Partnership No.6, Partnership No.7, Partnership No.8, Partnership No.9, Partnership No. 10

Counsel
Names
Peter A. Gall, Q.C.
Robin M. Elliot, Q.C.
Robert W. Grant
George K. Macintosh, Q.C.
Contact information
Heenan Blaikie LLP
2200 - 1055 Hastings Street West
Vancouver, British Columbia
V6E 2E9
Telephone: (604) 891-1152
FAX: (866) 287-6553
Email: PGall@Heenan.ca
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
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: Trust No.1, Trust No.2, Trust No.3, Trust No.4, Trust No.5, Trust No.6, Trust No.7, Trust No.8, Trust No.9, Trust No.10

Counsel
Names
Peter A. Gall, Q.C.
Robin W. Elliot, Q.C.
Robert W. Grant
George K. Macintosh, Q.C.
Contact information
Heenan Blaikie LLP
2200 - 1055 Hastings Street West
Vancouver, British Columbia
V6E 2E9
Telephone: (604) 891-1152
FAX: (866) 287-6553
Email: PGall@Heenan.ca
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
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: Canadian Bar Association

Counsel
Names
Terrence J. O'Sullivan
M. Paul Michell
Contact information
Lax O'Sullivan Scott LLP
1920 - 145 King St. West
Toronto, Ontario
M5H 1J8
Telephone: (416) 598-3556
FAX: (416) 598-3730
Email: tosullivan@counsel-toronto.com
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
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.

Monarch Entertainment Corporation (now a numbered company referred to as “Monarch”) began promoting tax-assisted film production services investments in 1993. Monarch retained Davis to do its legal work. Robert Strother, who specialized in tax law, became the Davis partner responsible for all tax advice given to Monarch. The terms of the firm’s engagement were, at least for 1996 and 1997, expressed in written retainer agreements. In October 1996, the retainer for 1996 and 1997 was stated to be exclusive in the sense that, with limited exception, it precluded Davis from acting for other than Monarch in relation to production services financing.

Mr. Strother was instrumental in advising Monarch on ways to meet the legal challenges it faced and in obtaining the advance tax rulings it required to stay in business. Mr. Darc’s employment with Monarch was terminated at the end of October 1997, pursuant to notice given to him eight months earlier, when it was determined that Monarch’s business would be wound down. In March 1998, acting on the instructions of Mr. Darc, Mr. Strother sought an advance tax ruling for a tax-assisted production services financing of an American film. He did so on behalf of Sentinel Hill Entertainment Corporation (“Sentinel Hill”), a shelf company owned by Mr. Darc. In early 1999, Mr. Strother resigned from Davis and joined Mr. Darc as a 50% shareholder in Sentinel Hill.

Davis continued to do some work for Monarch through 1998. Monarch learned of Sentinel Hill’s request for a tax ruling only after it was issued. Monarch promptly severed its relationship with Davis. Monarch then brought an action against Davis, its former lawyer, Strother, and its former employee, Darc, for a disgorgement of profits – said to exceed $60 million – for breach of fiduciary duty and proprietary obligations. The trial judge dismissed Monarch’s action. On appeal, the Court of Appeal allowed Monarch’s appeal against Strother in its January 21, 2005 judgment. Following a further hearing, the Court of Appeal found Davis vicariously liable for Strother’s acting for Sentinel Hill in conflict with his duty to Monarch.

Lower court rulings

August 29, 2002
Supreme Court of British Columbia

C994569

Action for Monarch Entertainment Corporation for a disgorgement of profits for breach of fiduciary duty and proprietary obligations dismissed

January 21, 2005
Court of Appeal for British Columbia (Vancouver)

CA030145, 2005 BCCA 35

Appeal allowed in part

July 25, 2005
Court of Appeal for British Columbia (Vancouver)

CA030145. 2005 BCCA 385

Appeal allowed in part

Filed documents

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Date modified: 2025-05-13