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.
35509
Galaxie Signs Ltd. v. John Graham
(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) |
|---|---|---|
| 2014-02-17 | Close file on Leave | |
| 2014-02-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-02-14 | Judgment on leave sent to the parties | |
| 2014-02-13 |
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), Number CA037420, 2013 BCCA 266, dated June 6, 2013, is dismissed without costs. Dismissed, without costs |
|
| 2014-01-13 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2013-12-18 | Correspondence received from, Mr. Simon Kent, email dated 2013-12-18, re.: a draft Order from the BC Court of Appeal matter. | Galaxie Signs Ltd. |
| 2013-10-16 | Supplemental document, 12 pages of materials from the C/A | Galaxie Signs Ltd. |
| 2013-09-09 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2013-09-05 | Application for leave to appeal, (Book Form), CA order missing (c/a order form rec'd), service missing. (service rec'd on 2013-09-11), Completed on: 2014-01-13 | Galaxie Signs Ltd. |
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 |
|---|---|---|
| Galaxie Signs Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Graham, John | Respondent | Active |
Counsel
Party: Galaxie Signs Ltd.
Counsel
Suite 560 - 1285 West Broadway
Vancouver, British Columbia
V6H 3X8
Telephone: (604) 266-7006
FAX: (604) 648-9753
Party: Graham, John
Counsel
6196 Nelson Ave.
West Vancouver, British Columbia
V7W 1Z9
Telephone: (604) 922-3507
FAX: (604) 922-3554
Email: lotzkar@shaw.ca
Summary
Keywords
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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.
Courts – Judges – Jurisdiction – Functus officio – Right and responsibility of a court to act on its own motion when necessary to maintain the authority and integrity of the court and to protect the administration of justice – Whether a trial judge has the discretion, on his or her own motion, to vary a previous order so as to protect the integrity of the courts and to avoid bringing the administration of justice into disrepute.
John Graham was employed by Galaxie Signs Ltd. three times between 1983 and 2007. In a summary judgment, Groves J. found that he was constructively dismissed in 2007 and there was no evidence of failure to attempt to mitigate his losses. After a viva voce trial, Groves J. held that the parties had agreed to treat all three periods of employment as continuous. He awarded a 10 month notice period and $44,617 in damages. Galaxie discovered new evidence. Groves J. re-opened the trial on the issue of Mr. Graham’s relationship during the notice period with two third parties. He held that Mr. Graham was not credible or believable and he was, or should have been, paid for previously undisclosed work done during the notice period. Groves J. stated he was clearly wrong to have found Mr. Graham at trial to be believable but he was limited by the scope of the re-trial. He reduced the damages award and awarded special costs.
Lower court rulings
Supreme Court of British Columbia
S074997
See file
Court of Appeal for British Columbia (Vancouver)
CA037420, 2013 BCCA 266
See file
Memorandums of argument on application for leave to appeal
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 filing 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.
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Related links
Factums on appeal
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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