Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
33977
John Murphy, et al. v. John Wynne, 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) |
|---|---|---|
| 2013-05-29 | Close file on Leave | |
| 2013-05-28 | Reconsideration not accepted for filing, (documents returned) | |
| 2012-12-21 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2012-12-14 | Motion for reconsideration of the application for leave to appeal, Completed on: 2012-12-14 | John Murphy |
| 2012-11-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-11-16 | Judgment on leave sent to the parties | |
| 2012-11-15 |
Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgments of the Court of Appeal for British Columbia (Vancouver), Numbers CA034995 and CA037160, 2011 BCCA 385 dated September 23, 2011, and 2012 BCCA 229, dated May 17, 2012, are dismissed without costs Dismissed, without costs |
|
| 2012-10-01 | All materials on application for leave submitted to the Judges, F Mo Ka | |
| 2012-08-13 | Correspondence received from, Mr. Murphy rec'd by fax dated Aug. 10/12 re: style of cause | John Murphy |
| 2012-08-01 | Respondent's response on the application for leave to appeal, (Letter Form), (Will not be filing a response), Completed on: 2012-08-01 | John Wynne |
| 2012-07-24 | Correspondence received, from Nick Bower, WCB, dated July 23/12, by fax, Re: not parties to the file | |
| 2012-07-19 | Letter acknowledging receipt of a complete application for leave to appeal, (For first and second application) | |
| 2012-07-18 | Correspondence (sent by the Court) to, Mr. Murphy, dated July 18/12, Re: acknowledgment letter for second application | |
| 2012-07-13 | Correspondence received, by Jeremy Lovell from WCAT, dated July 13/12, by fax, Re: WCAT is not a party to the file and will not participate | |
| 2012-07-12 | Supplemental document, (2nd application) Various documents - Vol. 2 of 2 (Items 10 to 48) | John Murphy |
| 2012-07-12 | Supplemental document, (2nd application) Various documents - Volume 1 of 2 (items 1 to 9) | John Murphy |
| 2012-07-12 | Application for leave to appeal, Second application from BC decision dated May 17/12 (2012 BCCA 229), Completed on: 2012-07-19 | John Murphy |
| 2012-03-26 | Correspondence received from, Mr. Murphy, dated March 24/12, Re: reasons for judgment byJustice Saunders dated March 7/12 | John Murphy |
| 2012-01-20 | Correspondence (sent by the Court) to, Mr. Murphy, dated Jan.20/12, from the Registrar advising that 1st application will be held in abeyance | |
| 2012-01-09 | Correspondence received from, Mr. Murphy, by fax, Re: requesting documents to be added to his file pending final order correcting the style of cause | John Murphy |
| 2011-12-05 | Correspondence (sent by the Court) to, Mr. Murphy, dated Dec.5/11, Re: checklist for 1st application | |
| 2011-10-24 | Correspondence (sent by the Court) to, Mr. Murphy, dated Oct.24/11, Re: ackowledgment letter for first application | |
| 2011-10-21 | Supplemental document, (Motion Book) | John Murphy |
| 2011-10-21 | Supplemental document, (Table of Authorities) | John Murphy |
| 2011-10-21 | Supplemental document, (Affidavits) | John Murphy |
| 2011-10-21 | Application for leave to appeal, First application of decision of Sept.23/11(2011 BCCA 385), Completed on: 2011-10-21 | John Murphy |
| 2011-10-20 | Reopen file | |
| 2011-04-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-04-26 | Judgment on leave sent to the parties | |
| 2011-04-21 |
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 for British Columbia (Vancouver), Numbers CA034995 and CA037160, 2010 BCCA 449, dated October 7, 2010, is dismissed with costs to the respondents P.S. Holdings Ltd. and Anne St. Eloi. Dismissed, with costs |
|
| 2011-04-18 | Supplemental document, (1 copy received by fax) 27 page document of material at the Court of Appeal for British Columbia | John Murphy |
| 2011-04-15 | Supplemental document, (1 copy received by fax) 15 page document of the B.C. C/A including memorandum and decision of the C/A dated March 22/11 and motion to vary the order | John Murphy |
| 2011-03-14 | All materials on application for leave submitted to the Judges, CJ Abe Cro | |
| 2011-01-25 | Correspondence received from, P. A. Deol dated Jan. 25/11 re: confirming they they accept service of the reply by fax (by fax) | John Wynne |
| 2011-01-24 | Supplemental document, entitled "Notice" re: disagreement regarding the style of cause and attaching a memorandum sent to the Court of Appeal with this regard | John Murphy |
| 2011-01-24 | Applicant's reply to respondent's argument, (service by fax on Jan. 24/11 accepted by Shortt & Arsenault - they rec'd a hard copy by registered mail on Jan. 25/11), Completed on: 2011-01-25 | John Murphy |
| 2011-01-20 | Correspondence (sent by the Court) to, J. Murphy re: sending him a copy of the B.C. Court of Appeal Order as he had requested | |
| 2011-01-19 | Respondent's response on the application for leave to appeal, Completed on: 2011-01-19 | John Wynne |
| 2011-01-18 | Supplemental document, Lower court decisions and material previously filed in lower courts (book form). | John Murphy |
| 2010-12-30 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2010-12-22 | Correspondence received from, John Murphy, response to the correspondence from the WCAT and the WCB of B.C. insisting that they are parties in the matter (by fax). | John Murphy |
| 2010-12-20 | Correspondence received, from counsel for the Workers' Compensation Board of B.C. stating that the Board, Mr. J. Massin, Mr. R. McGinn, and Mr. Justice Groberman are not respondents in this matter. They were not respondents in the Court of Appeal. (by fax) Orig. re'd Dec. 23/10. | |
| 2010-12-16 | Correspondence received from, from Patricia Deol, counsel for the respondents, confirming which parties she represents in this matter. Attached a copy of the Court of Appeal Judgment and Order. Also confirming receipt of service on December 2, 2010 (by fax). | John Wynne |
| 2010-12-14 | Correspondence received, from counsel for the Workers' Compensation Appeal Tribunal (WCAT) and Jill Callan dated Dec. 9/10, addressed to J. Murphy, stating that they are not parties in this matter. They were not listed as respondents in the Court of Appeal. (by fax) | |
| 2010-12-03 | Supplemental document, Book of affidavits. | John Murphy |
| 2010-12-03 | Supplemental document, Book of authorities | John Murphy |
| 2010-12-03 | Supplemental document, Book of evidence. | John Murphy |
| 2010-12-03 | Application for leave to appeal, Received 6 flash drives containing evidence. (C/A Order rec'd by fax from the B.C. Court of Appeal) Trial Cour Order and Judgment are missing. - received Jan. 20, 2011., Completed on: 2011-01-20 | John Murphy |
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 |
|---|---|---|
| Murphy, John | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Wynne, John | Respondent | Active |
| William Holmes, William Kinlock, James Dougan, Barry Clark, Richard O'Brien, Russell St. Eloi, Tom Millar, Tom Tomko, Anne St. Eloi, Alexander McDonald, James Brady, Al Phillips | Respondent | Active |
| Ray Callard, Local 170 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| John Murphy de jure Business Manager of UA Local 170 of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States of America and Canada, de jure, Trustee Beneficiary of P.S. Holdings Ltd. and Pension Plan | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Morley Shortt, Admitted Sole Member | Respondent | Active |
| Bare Trustee P.S. Holdings Ltd., The Union Funds and Property, Theo Arsenault, Plumbers Pension Plan Administration, Shortt, Moore, Arsenault and Associates Ltd. | Respondent | Active |
| The Firm, including Sheila A. Temple, Solicitor for P.S. Holdings Ltd., Anne St. Eloi | Respondent | Active |
Counsel
Party: Murphy, John
This party is not represented by counsel.
Party: John Murphy de jure Business Manager of UA Local 170 of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States of America and Canada, de jure, Trustee Beneficiary of P.S. Holdings Ltd. and Pension Plan
This party is not represented by counsel.
Party: Wynne, John
Counsel
302-543 Granville Street
Vancouver, British Columbia
V6C 1X8
Telephone: (604) 669-4447
FAX: (604) 669-4737
Email: theo@shorttco.com
Party: William Holmes, William Kinlock, James Dougan, Barry Clark, Richard O'Brien, Russell St. Eloi, Tom Millar, Tom Tomko, Anne St. Eloi, Alexander McDonald, James Brady, Al Phillips
Counsel
302-543 Granville Street
Vancouver, British Columbia
V6C 1X8
Telephone: (604) 669-4447
FAX: (604) 669-4737
Email: theo@shorttco.com
Party: Ray Callard, Local 170 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada
Counsel
302-543 Granville Street
Vancouver, British Columbia
V6C 1X8
Telephone: (604) 669-4447
FAX: (604) 669-4737
Email: theo@shorttco.com
Party: Morley Shortt, Admitted Sole Member
Counsel
302-543 Granville Street
Vancouver, British Columbia
V6C 1X8
Telephone: (604) 669-4447
FAX: (604) 669-4737
Email: theo@shorttco.com
Party: Bare Trustee P.S. Holdings Ltd., The Union Funds and Property, Theo Arsenault, Plumbers Pension Plan Administration, Shortt, Moore, Arsenault and Associates Ltd.
Counsel
302-543 Granville Street
Vancouver, British Columbia
V6C 1X8
Telephone: (604) 669-4447
FAX: (604) 669-4737
Email: theo@shorttco.com
Party: The Firm, including Sheila A. Temple, Solicitor for P.S. Holdings Ltd., Anne St. Eloi
Counsel
302-543 Granville Street
Vancouver, British Columbia
V6C 1X8
Telephone: (604) 669-4447
FAX: (604) 669-4737
Email: theo@shorttco.com
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.
Civil Procedure — Appeals — Courts — Jurisdiction — Whether appellate court erred in upholding the decision to dismiss the applicant’s action — Alleged violations of right to counsel and due process by respondent union — Various allegations brought against lower courts including conflict of interest, bias, error and misapprehension of the evidence — Alleged denial of right to fair trial and right to be heard — Issue of costs.
The applicant commenced various actions seeking a remedy for alleged injustices he suffered when he was expelled from the United Association of Journeymen and Apprentices of the Plumbing and Pipefitters Union. Certain respondents sought dismissal of the applicant’s action, and also sought to withdraw their counterclaim without costs. They were successful.
Lower court rulings
Supreme Court of British Columbia
Order permitting discontinuance of respondents' counterclaim without costs
Supreme Court of British Columbia
S025713
Applicant's five applications dismissed; respondents' application for dismissal of the applicant's action allowed
Court of Appeal for British Columbia (Vancouver)
2010 BCCA 449, CA034995, CA037160
Appeal fo decision of Groberman J. allowed (CA 034995); order set aside and substituted with order that respondents withdraw counterclaim, with costs of both counterclaim and appeal to Mr. Murphy to be set off against costs awarded against him in related
Court of Appeal for British Columbia (Vancouver)
Application dismissed
Court of Appeal for British Columbia (Vancouver)
CA034994, CA034995,, CA037160, 2011 BCCA 385
Application for review dismissed
Court of Appeal for British Columbia (Vancouver)
2012 BCCA 229, CA034995, CA037160
Application to vary order of Saunders J.A. dismissed
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
Not available
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
Not available
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
Not available