Case information
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35708
William Unrau v. Robert D. McSween, 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) |
|---|---|---|
| 2014-04-28 | Close file on Leave | |
| 2014-04-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-04-22 | Judgment on leave sent to the parties | |
| 2014-04-17 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The motion for an extension of time to serve and file a reply is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA040345, 2013 BCCA 511, dated November 27, 2013, is dismissed with costs. Dismissed, with costs |
|
| 2014-04-17 |
Decision on motion to extend time Granted |
|
| 2014-03-24 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2014-03-24 | Submission of motion to extend time, CJ Cro Wa | |
| 2014-03-18 | Correspondence received from, George Caman re: consent to withdrawal of agent | Robert D. McSween |
| 2014-03-17 | General proceeding, from Henry Brown re: notice of withdrawal as agent | William Unrau |
| 2014-03-14 | Motion to extend time, (Letter Form), To serve and file the application for leave to appeal and reply, Completed on: 2014-03-14 | William Unrau |
| 2014-03-14 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2014-03-14 | William Unrau |
| 2014-03-11 | Correspondence received from, Applicant re: will be late in filing a reply | William Unrau |
| 2014-03-11 | Correspondence received from, Applicant re: will file a reply | William Unrau |
| 2014-02-24 | Correspondence received from, Applicant re: return of CA order form | William Unrau |
| 2014-02-24 | Notice of name | Robert D. McSween |
| 2014-02-24 | Certificate (on limitations to public access) | Robert D. McSween |
| 2014-02-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-02-24 | Robert D. McSween |
| 2014-01-31 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2014-01-27 | Book of authorities, (Book Form) | William Unrau |
| 2014-01-27 | Certificate (on limitations to public access) | William Unrau |
| 2014-01-27 | Application for leave to appeal, (Book Form), Final CA order missing, draft included (rec'd 2014-03-17), Completed on: 2014-01-27 | William Unrau |
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 |
|---|---|---|
| Unrau, William | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| McSween, Robert D. | Respondent | Active |
| James C. Gordon, Jeremy Gomersall, Douglas W. Hargrove, William Ord Walls, Alan Tomlins, Harold C. Nordan, Isaac Brouwer Berkhoven, Stephen Godfrey, John Doe | Respondent | Active |
| Richard Roe carrying on business under the firm name and style of The Most Worshipful Grand Lodge of Ancient and Free and Accepted Masons of British Columbia and Yukon | Respondent | Active |
And Between
v.
| Name | Role | Status |
|---|---|---|
| McSween, Robert D. | Respondent | Active |
| James C. Gordon, Jeremy Gomersall, Douglas W. Hargrove, William Ord Walls, Alan Tomlins, Harold C. Nordan, Isaac Brouwer Berkhoven, Stephen Godfrey, John Doe | Respondent | Active |
| Roe, Richard | Respondent | Active |
Counsel
Party: Unrau, William
This party is not represented by counsel.
Party: McSween, Robert D.
Counsel
1000 - 595 Burrard Street
Vancouver, British Columbia
V7X 1S8
Telephone: (604) 687-6789
FAX: (604) 683-5317
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: James C. Gordon, Jeremy Gomersall, Douglas W. Hargrove, William Ord Walls, Alan Tomlins, Harold C. Nordan, Isaac Brouwer Berkhoven, Stephen Godfrey, John Doe
Counsel
1000 - 595 Burrard Street
Vancouver, British Columbia
V7X 1S8
Telephone: (604) 687-6789
FAX: (604) 683-5317
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Richard Roe carrying on business under the firm name and style of The Most Worshipful Grand Lodge of Ancient and Free and Accepted Masons of British Columbia and Yukon
Counsel
1000 - 595 Burrard Street
Vancouver, British Columbia
V7X 1S8
Telephone: (604) 687-6789
FAX: (604) 683-5317
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Roe, Richard
Counsel
1000 - 595 Burrard Street
Vancouver, British Columbia
V7X 1S8
Telephone: (604) 687-6789
FAX: (604) 683-5317
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.
Civil procedure – Application for dismissal of defamation action for want of prosecution – What are the limits of the court’s ability to exercise discretion when applying legal test or criteria in dismissing an action for want of prosecution? – Whether analysis of inordinate delay was uncertain and incomplete – Contentious nature of analysis of serious prejudice caused by delay – Balancing of the interests at issue in dismissing action.
On June 25, 2005, the Respondents presented reports on the Applicant’s term as Grand Master of the Freemason’s Grand Lodge. The Applicant contends that some of the statements made in the reports were defamatory. He filed a writ of summons and statement of claim on June 4, 2007. Statements of defence were filed on February 5, 2008, and the Applicant filed a reply on February 25, 2008. A few months later, a case management conference was held, followed by a fair amount of correspondence between counsel, but no discoveries. On August 22, 2012, the Respondents applied to have the Applicant’s defamation action dismissed for want of prosecution.
Lower court rulings
Supreme Court of British Columbia
No. S073804
Respondents’ application for an order that Applicant’s defamation action be dismissed for want of prosecution granted.
Court of Appeal for British Columbia (Vancouver)
CA040345
Appeal dismissed.
Court of Appeal for British Columbia (Vancouver)
CA040345, 2013 BCCA 511
Applicant’s application to re-open appeal 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
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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
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