Case information
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38306
Replay Resorts Inc. and Freetown Destination Resort Limited v. H.M.B. Holdings Limited, 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) |
|---|---|---|
| 2019-06-04 | Close file on Leave | |
| 2019-06-04 |
Correspondence received from, (Letter Form), The respondents, H.M.B. Holdings and Natalia Querard, and the applicants, Replay Resorts Inc. and Freetown Destination Resort Limited, have reached an agreement as to costs and therefore no longer requires taxation of their Bill of Costs. |
H.M.B. Holdings Limited |
| 2019-05-27 | Bill of costs, (Letter Form), Completed on: 2019-05-27 | H.M.B. Holdings Limited |
| 2019-03-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-03-15 | Judgment on leave sent to the parties | |
| 2019-03-14 |
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 CA44964, 2018 BCCA 263, dated June 25, 2018, is dismissed with costs to the respondents, H.M.B. Holdings Limited and Natalia Querard. Dismissed, with costs |
|
| 2019-02-04 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-11-05 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-11-05 | Replay Resorts Inc. and Freetown Destination Resort Limited |
| 2018-10-26 | Certificate (on limitations to public access), (Letter Form), Form 23B | H.M.B. Holdings Limited |
| 2018-10-26 | Certificate (on limitations to public access), Form 23A | H.M.B. Holdings Limited |
| 2018-10-26 | Notice of name, (Letter Form) | H.M.B. Holdings Limited |
| 2018-10-26 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-10-26 | H.M.B. Holdings Limited |
| 2018-10-03 | Correspondence received from, RE:Questionnaire CA Order (expected 2018-10-31) | Replay Resorts Inc. and Freetown Destination Resort Limited |
| 2018-09-26 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2018-09-26 | |
| 2018-09-21 | Certificate (on limitations to public access), (Letter Form) | Replay Resorts Inc. and Freetown Destination Resort Limited |
| 2018-09-21 | Notice of name, (Letter Form) | Replay Resorts Inc. and Freetown Destination Resort Limited |
| 2018-09-21 | Application for leave to appeal, (Book Form), CA Order missing-rec'd 2018/12/27, Completed on: 2018-12-27 | Replay Resorts Inc. and Freetown Destination Resort Limited |
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 |
|---|---|---|
| Replay Resorts Inc. and Freetown Destination Resort Limited | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| H.M.B. Holdings Limited | Respondent | Active |
| Querard, Natalia | Respondent | Active |
| Half Moon Bay CIP Management inc. | Respondent | Active |
Counsel
Party: Replay Resorts Inc. and Freetown Destination Resort Limited
Counsel
2400-745 Thurlow Street
Vancouver, British Columbia
V6E 0C5
Telephone: (604) 643-7959
FAX: (604) 643-7900
Email: sgriffin@mccarthy.ca
Agent
1300-100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 369-4795
FAX: (613) 230-8842
Email: kperron@blg.com
Party: H.M.B. Holdings Limited
Counsel
2200-1055 West Hasting Street
Vancouver, Ontario
V6E 2E9
Telephone: (416) 777-6121
FAX: (416) 863-1716
Email: caylorl@bennettjones.com
Party: Querard, Natalia
Counsel
2200-1055 West Hasting Street
Vancouver, Ontario
V6E 2E9
Telephone: (416) 777-6121
FAX: (416) 863-1716
Email: caylorl@bennettjones.com
Party: Half Moon Bay CIP Management inc.
Counsel
1100-570 Granville Street
Vancouver, British Columbia
V6C 3P1
Telephone: (602) 434-3101
Email: bfraser@fraserlitigation.com
Summary
Keywords
Civil procedure — Disclosure — Solicitor-client privilege — Implied waiver — Applicants applying for declaration that respondents waived solicitor-client privilege over various subjects central to the action — What is the test for implied waiver of privilege? — What is the role of fairness in determining whether a party has waived privilege?
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.
The respondents, H.M.B. Holdings Ltd. and Ms. Querard (together, “HMB”), filed a notice of civil claim in the British Columbia Supreme Court against the applicants alleging conspiracy. The applicants characterized the claim as an abuse of process and applied for an order striking the claim. In response, HMB argued that it commenced the action within the limitation period to preserve the claim. The applicants sought a declaration that, by means of this response, HMB had waived solicitor-client privilege over various subjects central to the action. The chambers judge granted the application for a declaration of waiver of solicitor-client privilege and ordered disclosure. The Court of Appeal held that the test applied by the chambers judge for implied waiver was not consistent with the principles set out in the relevant jurisprudence. It allowed HMB’s appeal and set aside the chambers judge’s waiver order.
Lower court rulings
Supreme Court of British Columbia
S169831, 2017 BCSC 2196
Application for declaration of waiver of solicitor-client privilege granted; application to cross-examine dismissed.
Court of Appeal for British Columbia (Vancouver)
2018 BCCA 263, CA44964
Appeals from applications allowed
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