Case information
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32316
Harold C. Gaffney v. In the Matter of the Bankruptcy of Sheila Fraces Gaffney, 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) |
|---|---|---|
| 2009-10-23 | Close file on Leave | |
| 2009-02-26 | Correspondence received from, Mr. Gaffney by fax (Feb. 26/09), re.: Correspondence addressed to the Registrar (joint with 32381) | Harold C. Gaffney |
| 2009-02-25 | Correspondence received from, Mr. Gaffney by e-mail (letter dated Feb. 25/09), re.: Letter addressed to the Chief Justice (joint with 32381) | Harold C. Gaffney |
| 2008-12-19 | Correspondence received from, Mr. Gaffney by fax dated Dec. 19/08, re.: Correspondence addressed to the Chief Justice | Harold C. Gaffney |
| 2008-12-18 | Correspondence received from, Mr. Gaffney by fax dated Dec. 18/08, re.: Correspondence addressed to the Deputy Registrar with attachments | Harold C. Gaffney |
| 2008-12-16 | Correspondence received from, Mr. Gaffney dated Dec. 16/08 (sent by e-mail to registrar's assistant), re.: Case Summary (joint with 32381) | Harold C. Gaffney |
| 2008-12-16 | Correspondence received from, Mr. Gaffney dated Dec. 16/08 (sent by e-mail to registrar), re.: Case Summary (joint with 32381) | Harold C. Gaffney |
| 2008-12-11 | Correspondence received from, Mr. Gaffney, dated Dec. 11/08, re.: Case Summary (joint with 32381) | Harold C. Gaffney |
| 2008-12-02 | Correspondence (sent by the Court) to, H. C. Gaffney from the Deputy Registrar re: Case summary now refers to "joint tenants" (joint with 32381) | |
| 2008-11-03 | Correspondence received from, Mr. Gaffney dated November 3/08, re.: Case Summary (joint with 32381) | Harold C. Gaffney |
| 2008-07-30 | Correspondence received from, Mr. Gaffney dated July 29/08 entitled Cover Memorandum re: summary (joint with 32381) | Harold C. Gaffney |
| 2008-06-25 | Correspondence received from, Mr. Gaffney by email dated June-25-08 re.: email to the registrar | Harold C. Gaffney |
| 2008-06-24 | Correspondence received from, Harold Gaffney dated June 24, 2008. Re: Fax letter of June 13, 2008 | Harold C. Gaffney |
| 2008-06-23 | Correspondence received from, Mr. Gaffney, dated June 23/08; fax letter of June 13/08 | Harold C. Gaffney |
| 2008-06-17 | Correspondence received from, Mr. Gaffney by email dated June-17-08 re: email correspondence sent to K. Oliver | Harold C. Gaffney |
| 2008-06-13 | Correspondence received from, Mr. Gaffney by fax dated June-13-08 re: tracking number | Harold C. Gaffney |
| 2008-06-13 | Correspondence (sent by the Court) to, Harold C. Gaffney, re.: summary | |
| 2008-06-10 | Correspondence received from, Mr. Jasich by fax dated June-09-08 re: acting for M. Gaffney | Harold C. Gaffney |
| 2008-06-06 | Correspondence received from, Mr. Gaffney by fax dated June-06-08 re: questionning the decision | Harold C. Gaffney |
| 2008-06-05 | Correspondence received from, Mr. Gaffney by faxl dated June-05-08 re: requesting a copy of a letter | Harold C. Gaffney |
| 2008-06-02 | Correspondence received from, Mr. Gaffney by email dated June-02-08 re: reply to Mr. Oliver's email | Harold C. Gaffney |
| 2008-06-02 | Correspondence received from, Mr. Gaffney by email dated June-02-08 re: sale of his property | Harold C. Gaffney |
| 2008-06-02 | Correspondence (sent by the Court) to, H.C. Gaffney, documents returned by the Court once again (documents sent back to the Court by Mr. Gafney and received June 24, 2008) | |
| 2008-05-30 | Correspondence received from, H. Gaffney, dated May 30, 2008 re: judgment in American Bullion | Harold C. Gaffney |
| 2008-05-16 | Correspondence received from, Mr. Gaffney by fax dated May-16-08 re: Mr. Jasich's letter | Harold C. Gaffney |
| 2008-05-13 | Correspondence received from, Mr. Gaffney by fax dated May-13-08 re: file Mr. Jasich's letter | Harold C. Gaffney |
| 2008-05-12 | Correspondence received from, Mr. Gaffney by email dated May 12-08 re: cc Mr. Jasich | Harold C. Gaffney |
| 2008-05-12 | Correspondence received from, Harold Gaffney, by fax, dated May 12/08 | Harold C. Gaffney |
| 2008-04-14 | Reconsideration not accepted for filing, documents returned. | |
| 2008-01-30 | Reply to motion for reconsideration of the application for leave to appeal, (bookform), Completed on: 2008-01-30 | Harold C. Gaffney |
| 2008-01-25 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2008-01-24 | Correspondence received from, Mr. Gaffney dated Jan. 24/08 re : reply (original rec'd Jan. 30/08) | Harold C. Gaffney |
| 2008-01-23 | Response to motion for reconsideration of the application for leave to appeal, Completed on: 2008-01-23 | A. Farber & Partners Ltd. a.k.a. Kenneth A. Rowan (Trustee) |
| 2008-01-23 | Response to motion for reconsideration of the application for leave to appeal, Completed on: 2008-01-23 | In the Matter of the Bankruptcy of Sheila Frances Gaffney |
| 2008-01-21 | Motion for reconsideration of the application for leave to appeal, Completed on: 2008-01-21 | Harold C. Gaffney |
| 2008-01-21 | Reopen file | |
| 2007-12-21 | Close file on Leave | |
| 2007-12-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-12-21 | Judgment on leave sent to the parties | |
| 2007-12-20 |
Judgment of the Court on the application for leave to appeal, The application for an extension of time is granted and the other ancillary motions are dismissed. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA034717, 2007 BCCA 361, dated July 4, 2007, is dismissed with costs. Dismissed, with costs |
|
| 2007-12-20 |
Decision on the motion for a stay of execution, (see above judgment) Dismissed |
|
| 2007-12-20 |
Decision on motion to adduce new evidence, Bi LeB De, (see above judgment) Dismissed |
|
| 2007-12-20 |
Decision on motion to extend time to file and /or serve the leave application, (see above judgment) Granted |
|
| 2007-12-03 | All materials on application for leave submitted to the Judges, Bi LeB De | |
| 2007-12-03 | Submission of motion for a stay of execution, Bi LeB De | |
| 2007-12-03 | Submission of motion to adduce new evidence, Bi LeB De | |
| 2007-12-03 | Submission of motion to extend time to file and/ or serve the leave application, Bi LeB De | |
| 2007-12-03 | Order on motion to extend time | |
| 2007-12-03 |
Decision on motion to extend time, Reg, to serve the respondent's response to Nov. 7/07 and without green covers Granted |
|
| 2007-12-03 | Submission of motion to extend time, Reg | |
| 2007-12-03 | Order on motion to extend time | |
| 2007-12-03 |
Decision on motion to extend time, Reg, to serve the respondent's response to Nov. 14/07 Granted |
|
| 2007-12-03 | Submission of motion to extend time, Reg | |
| 2007-11-27 | Correspondence received from, H. Gaffney dated Nov. 27/07 (by fax) re: enclosing proofs of service | Harold C. Gaffney |
| 2007-11-26 | Correspondence (sent by the Court) to, H. Gaffney re: further to his fax of Nov. 23/07 and confirming proofs of service still required (sent by fax and regular mail) | |
| 2007-11-23 | Correspondence received from, H. Gaffney dated Nov. 21/07 re: enclosing service of application to K. Oliver on Oct. 4; service of reply to D. W. Donohoe on Nov. 14 and response to motions without service | Harold C. Gaffney |
| 2007-11-23 | Correspondence received from, H. Gaffney (by fax) re: enclosing duplications of proof of services already received on Nov. 23/07 with his response to the motions | Harold C. Gaffney |
| 2007-11-23 | Correspondence (sent by the Court) to, H. Gaffney re: requesting proofs of service of the reply to R. K. Oliver and the response to motions to both parties (sent by fax and regular mail) | |
| 2007-11-23 | Response to motion to extend time, response to both motions (service missing - rec'd Nov. 27/07), Completed on: 2007-11-27 | Harold C. Gaffney |
| 2007-11-16 | Correspondence (sent by the Court) to, H. Gaffney re: his views have been noted (sent by fax and regular mail) | |
| 2007-11-16 | Correspondence received from, R. K. Oliver re: enclosing motion to extend time to serve response and with no green cover | In the Matter of the Bankruptcy of Sheila Frances Gaffney |
| 2007-11-16 | Motion to extend time, to serve the response to Nov. 7/07 and with no green cover, Completed on: 2007-11-16 | In the Matter of the Bankruptcy of Sheila Frances Gaffney |
| 2007-11-16 | Motion to extend time, to serve the response to Nov. 14/07, Completed on: 2007-11-16 | A. Farber & Partners Ltd. a.k.a. Kenneth A. Rowan (Trustee) |
| 2007-11-16 | Correspondence received from, D. Donohoe dated Nov. 15/07 re: enclosing motion to extend time and proof of service of response | A. Farber & Partners Ltd. a.k.a. Kenneth A. Rowan (Trustee) |
| 2007-11-16 | Correspondence received from, H. Gaffney dated Nov. 14/07 re: enclosing reply and e-mail from D. Donohoe | Harold C. Gaffney |
| 2007-11-16 | Applicant's reply to respondent's argument, (service missing on R. K. Oliver - rec'd by fax Nov. 27/07), Completed on: 2007-11-27 | Harold C. Gaffney |
| 2007-11-15 | Correspondence received from, H. Gaffney dated Nov. 15/07 rec'd by fax re: service of D. Donohoe's motion by e-mail | Harold C. Gaffney |
| 2007-11-15 | Correspondence received from, H. Gaffney dated Nov. 15/07 rec'd by fax re: will file reply to D. Donohoe's motion | Harold C. Gaffney |
| 2007-11-15 | Correspondence received from, D. Donohoe dated Nov. 14/07 rec'd by fax re: copy of e-mail sent to H. Gaffney with respect to service and enclosing previous e-mails sent the H. Gaffney | A. Farber & Partners Ltd. a.k.a. Kenneth A. Rowan (Trustee) |
| 2007-11-14 | Correspondence received from, H. Gaffney dated Nov. 14/07 (31 pages rec'd by fax) addressed to the Registrar and enclosing previous e-mails | Harold C. Gaffney |
| 2007-11-14 | Correspondence received from, D. Donohoe (by fax) re: copy of e-mail dated Nov. 13/07 sent to H. Gaffney concerning service of response sent by registered mail | A. Farber & Partners Ltd. a.k.a. Kenneth A. Rowan (Trustee) |
| 2007-11-08 | Correspondence received from, H. Gaffney dated Nov. 8/07 re: including copies of correspondence to be placed on file - previously sent by e-mails cc. to all parties (by fax) | Harold C. Gaffney |
| 2007-11-05 | Correspondence (sent by the Court) to, Mr. Gaffney sent by e-mail re: response to e-mail dated Nov. 2/07 | |
| 2007-11-02 | Correspondence received from, Mr. Gaffney sent by e-mail and by fax re: Mr. Oliver's response | Harold C. Gaffney |
| 2007-11-02 | Response to the motion for a stay of execution, (included in response), Completed on: 2007-11-02 | A. Farber & Partners Ltd. a.k.a. Kenneth A. Rowan (Trustee) |
| 2007-11-02 | Response to the motion to adduce new evidence, (included in the response), Completed on: 2007-11-16 | A. Farber & Partners Ltd. a.k.a. Kenneth A. Rowan (Trustee) |
| 2007-11-02 | Respondent's response on the application for leave to appeal, (Service to follow - rec'd on Nov. 16/07 and inserted in response), Completed on: 2007-11-16 | A. Farber & Partners Ltd. a.k.a. Kenneth A. Rowan (Trustee) |
| 2007-10-31 | Response to the motion to adduce new evidence, (included in the response), Completed on: 2007-11-16 | In the Matter of the Bankruptcy of Sheila Frances Gaffney |
| 2007-10-31 | Response to the motion to extend the time to file and / or serve the leave application, (included in the response), Completed on: 2007-11-16 | In the Matter of the Bankruptcy of Sheila Frances Gaffney |
| 2007-10-31 | Respondent's response on the application for leave to appeal, (service missing - rec'd by fax Nov. 9/07 and inserted in response) (extension of time requested for late service - rec'd Nov. 16/07), Completed on: 2007-11-16 | In the Matter of the Bankruptcy of Sheila Frances Gaffney |
| 2007-10-31 | Letter acknowledging receipt of a complete application for leave to appeal, (sent by fax and regular mail to both parties) | |
| 2007-10-30 | Correspondence received from, Mr. Gaffney by fax re: file number | Harold C. Gaffney |
| 2007-10-26 | Correspondence received from, Mr. Gaffney sent by e-mail re: page 26 of the application | Harold C. Gaffney |
| 2007-10-25 | Correspondence received from, Mr. Gaffney by fax re: enclosing signature of motion to adduce new evidence and other documents | Harold C. Gaffney |
| 2007-10-24 | Correspondence received from, Mr. Gaffney sent by e-mail re: missing elements of application | Harold C. Gaffney |
| 2007-10-19 | Correspondence received from, Mr. Gaffney sent by e-mail re: file number | Harold C. Gaffney |
| 2007-10-19 | Correspondence received from, Mr. Gaffney sent by fax re: filing of application | Harold C. Gaffney |
| 2007-10-04 | Motion for a stay of execution, Included in leave application, Completed on: 2007-10-04 | Harold C. Gaffney |
| 2007-10-04 | Motion to adduce new evidence, Included in leave application (signature missing; rec'd Oct. 25/07) (page 26 with signature inserted in leave application), Completed on: 2007-10-25 | Harold C. Gaffney |
| 2007-10-04 | Motion to extend the time to file and or serve the application for leave to appeal, Included in leave application, Completed on: 2007-10-23 | Harold C. Gaffney |
| 2007-10-04 | Application for leave to appeal, Vol. I & II, Completed on: 2007-10-04 | Harold C. Gaffney |
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 |
|---|---|---|
| Gaffney, Harold C. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| In the Matter of the Bankruptcy of Sheila Frances Gaffney | Respondent | Active |
| A. Farber & Partners Ltd. a.k.a. Kenneth A. Rowan (Trustee) | Respondent | Active |
Counsel
Party: Gaffney, Harold C.
This party is not represented by counsel.
Party: A. Farber & Partners Ltd. a.k.a. Kenneth A. Rowan (Trustee)
Counsel
R. Keith Oliver
400 - 145 Chadwick Crt.
North Vancouver, British Columbia
V7M 3K1
Telephone: (604) 982-9000
FAX: (604) 982-9004
Email: david@donohoeco.com
Party: In the Matter of the Bankruptcy of Sheila Frances Gaffney
Counsel
#202 - 2963 Glen Drive
Coquitlam, British Columbia
V3B 2P7
Telephone: (604) 464-5585
FAX: (604) 357-1435
Summary
Keywords
None.
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.
Judgments and orders - Appeal - Extension of time - Motion to vary denial of extension of time - Applicant applied to annul discharge of bankruptcy - Applicant found to be without standing to make application - Applicant sought to appeal that decision outside the prescribed time - Extension of time denied - Motion to vary decision on extension of time denied - Whether Court of Appeal erred in denying motion to vary.
Harold Gaffney is the estranged husband of Sheila Gaffney. When Ms. Gaffney filed an assignment in bankruptcy in May 2005, her one-half interest in a piece of property she and Mr. Gaffney owned as joint tenants was transferred to the trustee. No proofs of claim were filed in the bankruptcy; in particular, Mr. Gaffney made no claim. In May 2006, the Registrar of the Supreme Court of BC granted Ms. Gaffney a discharge. Mr. Gaffney attended the Registrar’s hearing, but did not raise any? objection to the discharge. The trustee then transferred Ms. Gaffney’s interest in the property back to her.
Mr. Gaffney then applied before a judge to have the discharge annulled and for ancillary relief. The application was later broadened to an application for an order declaring the bankruptcy annulled. The trustee applied for a declaration that Mr. Gaffney had no legal standing to ask for an order annulling the order for discharge of the bankruptcy, or, in the alternative, an amendment of Mr. Gaffney’s. Mr. Gaffney was found to be without standing and his application was struck out and dismissed. Mr. Gaffney sought to appeal that decision, but did so outside the prescribed time. A motion for an extension of time was denied by a single judge of the Court of Appeal. A panel of the Court of Appeal then denied a motion to vary that decision.
Lower court rulings
Supreme Court of British Columbia
B 052161, 2006 BCSC 1710
Supplemental reasons dated January 25, 2007
Court of Appeal for British Columbia (Vancouver)
CA034717, 2007 BCCA 182
See file / Voir dossier
Court of Appeal for British Columbia (Vancouver)
CA034717, 2007 BCCA 361
See file / Voir dossier
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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