Docket

37120

Max Wayne Cowper-Smith v. Gloria Lynn Morgan and Gloria Lynn Morgan Executor of the Will of the Late Elizabeth Flora Cowper-Smith, Deceased

(British Columbia) (Civil) (By Leave)

Proceedings
Date Proceeding Filed By
(if applicable)
2017-12-14 Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the judgment of the Court of Appeal for British Columbia (Victoria), Number CA42981, 2016 BCCA 200, dated May 9, 2016, heard on May 26, 2017, is allowed with costs to the appellant throughout. The appellant’s proprietary estoppel claim is allowed. The respondent, in her capacity as executor, is ordered to take all necessary steps to enable the appellant to purchase the respondent beneficiary’s one-third interest in the property for $223,333.33, plus an amount equal to the post-judgment interest that would be payable on a judgment in that amount issued on February 2, 2011, once the respondent beneficiary has received that interest from the estate. Upon his acquisition of the respondent beneficiary’s interest in the property, the appellant is ordered to account to the estate for the amount of any expenses incurred by the estate in maintaining the property since February 2, 2011.
Allowed, with costs
2017-06-06 Transcript received, 94 pages.
2017-05-26 Judgment reserved OR rendered with reasons to follow
2017-05-26 Hearing of the appeal, 2017-05-26, CJ Abe Mo Ka Wa Ga Côt Br Row
Judgment reserved
2017-05-26 Respondent's condensed book, (Book Form), Submitted in courtroom (14 copies). Gloria Lynn Morgan and Gloria Lynn Morgan Executor of the Will of the Late Elizabeth Flora Cowper-Smith, Deceased
2017-05-26 Appellant's condensed book, (Book Form), Submitted in courtroom (14 copies). Max Wayne Cowper-Smith
2017-05-17 Notice of appearance, (Letter Form), Darren Williams, Ellen Vandergrift and Moira Dillon will be appearing. Mr. Williams and Ms. Vandergrift will present oral argument. Max Wayne Cowper-Smith
2017-05-15 Notice of appearance, (Letter Form), (Amended notice filed on 2017-05-24) Claire E. Hunter and Ryan J.M. Androsoff will be appearing. Both counsels will present oral argument. Gloria Lynn Morgan and Gloria Lynn Morgan Executor of the Will of the Late Elizabeth Flora Cowper-Smith, Deceased
2017-05-15 Appeal perfected for hearing
2017-05-12 Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2017-05-12) Gloria Lynn Morgan and Gloria Lynn Morgan Executor of the Will of the Late Elizabeth Flora Cowper-Smith, Deceased
2017-05-12 Respondent's book of authorities, (Book Form), Completed on: 2017-05-12, (Electronic version filed on 2017-05-12) Gloria Lynn Morgan and Gloria Lynn Morgan Executor of the Will of the Late Elizabeth Flora Cowper-Smith, Deceased
2017-05-12 Respondent's record, (Book Form), Completed on: 2017-05-12, (Electronic version filed on 2017-05-12) Gloria Lynn Morgan and Gloria Lynn Morgan Executor of the Will of the Late Elizabeth Flora Cowper-Smith, Deceased
2017-05-12 Respondent's factum, (Book Form), Completed on: 2017-05-12, (Electronic version filed on 2017-05-12) Gloria Lynn Morgan and Gloria Lynn Morgan Executor of the Will of the Late Elizabeth Flora Cowper-Smith, Deceased
2017-05-10 Order on miscellaneous motion, BY MR. JUSTICE ROWE
2017-05-10 Decision on miscellaneous motion, Row, UPON APPLICATION by the Appellant for an order permitting the filing of a supplementary record which was filed with the Court on April 27, 2017;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted, with costs.
Granted, with costs
2017-05-10 Submission of miscellaneous motion, Row
2017-05-05 Reply to miscellaneous motion, (Letter Form), Completed on: 2017-05-05 Max Wayne Cowper-Smith
2017-05-04 Response to miscellaneous motion, (Letter Form), Completed on: 2017-05-04 Gloria Lynn Morgan and Gloria Lynn Morgan Executor of the Will of the Late Elizabeth Flora Cowper-Smith, Deceased
2017-05-02 Correspondence received from, (Letter Form), the appellant, Explanantion of motion Max Wayne Cowper-Smith
2017-05-02 Notice of miscellaneous motion, (Book Form), Motion to file a Supplementary Record, Completed on: 2017-05-02 Max Wayne Cowper-Smith
2017-04-28 Correspondence received from, the respondents. Objection to the appellant's supplementary record filed on April 27, 2017. Gloria Lynn Morgan and Gloria Lynn Morgan Executor of the Will of the Late Elizabeth Flora Cowper-Smith, Deceased
2017-04-27 Appellant's record, (Book Form), Supplemental Record (Memo to the Court distributed on 2017-05-10)., Completed on: 2017-04-27, (Electronic version filed on 2017-04-27) Max Wayne Cowper-Smith
2017-04-24 Order on motion to strike out, BY MADAM JUSTICE ABELLA
2017-04-24 Decision on motion to strike out, Abe,

UPON APPLICATION by the respondents for an order:
a. Striking from the Appellant’s Record Tab 6, an extract from the Appellant’s examination for discovery transcript, and any corresponding mention in the Appellant’s Factum; and
b. For the extension of time to serve and file their factum to May 12, 2017.

UPON APPLICATION by the appellant for an order:
a. Leave to adduce new evidence and to reference this new evidence in the Appellant’s amended factum and in oral submission;
b. For the extension of time to serve and file an amended factum; and
c. Leave to file an amended factum regarding paragraph 168 of his factum in accordance with paragraph 17 of his reply.
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion to strike is granted. The respondents shall serve and file their factum on or before May 12, 2017.
The motion to admit new evidence is dismissed.
The appellant’s motion to extend time to serve and file an amended factum is granted and the appellant shall file an amended factum with respect to paragraph 168, in accordance with paragraph 17 of his reply.
Allowed in part
2017-04-24 Order on motion to extend time, BY MADAM JUSTICE ABELLA
2017-04-24 Decision on motion to extend time, Abe
Granted
2017-04-24 Order on motion to adduce new evidence, BY MADAM JUSTICE ABELLA
2017-04-24 Decision on motion to adduce new evidence, Abe
Dismissed
2017-04-24 Submission of motion to adduce new evidence, Abe
2017-04-24 Submission of motion to extend time, Abe
2017-04-24 Submission of motion to strike out, Abe
2017-04-11 Reply to motion to extend time, (Included in the reply to motion to adduce new evidence), Completed on: 2017-04-11, (Electronic version filed on 2017-04-11) Max Wayne Cowper-Smith
2017-04-11 Reply to motion to adduce new evidence, (Book Form), Completed on: 2017-04-11, (Electronic version filed on 2017-04-11) Max Wayne Cowper-Smith
2017-04-04 Motion to extend time, (Included in the response to the motion to adduce new evidence), Completed on: 2017-04-04, (Electronic version filed on 2017-04-04) Gloria Lynn Morgan and Gloria Lynn Morgan Executor of the Will of the Late Elizabeth Flora Cowper-Smith, Deceased
2017-04-04 Response to motion to extend time, (Included in the response to the motion to adduce new evidence), Completed on: 2017-04-04, (Electronic version filed on 2017-04-04) Gloria Lynn Morgan and Gloria Lynn Morgan Executor of the Will of the Late Elizabeth Flora Cowper-Smith, Deceased
2017-04-04 Response to the motion to adduce new evidence, (Book Form), Completed on: 2017-04-04, (Electronic version filed on 2017-04-04) Gloria Lynn Morgan and Gloria Lynn Morgan Executor of the Will of the Late Elizabeth Flora Cowper-Smith, Deceased
2017-04-03 Reply to motion to strike out, (Letter Form), Completed on: 2017-04-03, (Electronic version filed on 2017-04-03) Gloria Lynn Morgan and Gloria Lynn Morgan Executor of the Will of the Late Elizabeth Flora Cowper-Smith, Deceased
2017-03-28 Motion to extend time, (Book Form), (Included in the motion to adduce new evidence), To file and serve an amended factum., Completed on: 2017-03-28, (Electronic version filed on 2017-03-28) Max Wayne Cowper-Smith
2017-03-28 Motion to adduce new evidence, (Book Form), Completed on: 2017-03-28, (Electronic version filed on 2017-03-28) Max Wayne Cowper-Smith
2017-03-27 Response to motion to strike out, (Book Form), Completed on: 2017-03-27, (Electronic version filed on 2017-03-27) Max Wayne Cowper-Smith
2017-03-17 Motion to strike out, (Book Form), Completed on: 2017-03-17 Gloria Lynn Morgan and Gloria Lynn Morgan Executor of the Will of the Late Elizabeth Flora Cowper-Smith, Deceased
2017-02-28 Certificate of counsel (attesting to record) Max Wayne Cowper-Smith
2017-02-28 Appellant's book of authorities, (Book Form), Completed on: 2017-02-28 Max Wayne Cowper-Smith
2017-02-28 Appellant's record, (Book Form), Amended 04/27/2017. Tab 6 removed as ordered on 04/24/2017, Completed on: 2017-02-28 Max Wayne Cowper-Smith
2017-02-28 Appellant's factum, (Book Form), amended factum rec'd 2017/04/27, Completed on: 2017-02-28 Max Wayne Cowper-Smith
2017-02-24 Notice of hearing sent to parties
2017-02-21 Appeal hearing scheduled, 2017-05-26, (EARLY START 9:00AM)
Judgment reserved
2016-12-21 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2016-12-20 Notice of appeal, (Letter Form), Completed on: 2016-12-20, (Electronic version filed on 2016-12-20) Max Wayne Cowper-Smith
2016-12-02 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2016-12-02 Judgment on leave sent to the parties
2016-12-01 Decision on the application for leave to appeal, CJ Wa Ga, The application for leave to cross-appeal is dismissed with costs. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Victoria), Number CA42981, 2016 BCCA 200, dated May 9, 2016, is granted with costs in the cause.
Granted, with costs in the cause
2016-12-01 Decision on the application for leave to cross-appeal, CJ Wa Ga
Dismissed, with costs
2016-11-07 All materials on application for leave submitted to the Judges, CJ Wa Ga
2016-11-07 All material on the application for leave to cross-appeal submitted to the Judges, CJ Wa Ga
2016-10-11 Reply to the memorandum in response to the argument on cross-appeal, (Letter Form), Completed on: 2016-10-13, (Printed version filed on 2016-10-13) Gloria Lynn Morgan and Gloria Lynn Morgan Executor of the Will of the Late Elizabeth Flora Cowper-Smith, Deceased
2016-09-28 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-09-28) Max Wayne Cowper-Smith
2016-09-28 Memorandum of argument in response to the cross-appeal, (Book Form), (Included in the applicant's reply to respondent's argument), Completed on: 2016-09-29, (Electronic version filed on 2016-09-28) Max Wayne Cowper-Smith
2016-09-28 Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-09-28, (Electronic version filed on 2016-09-28) Max Wayne Cowper-Smith
2016-09-01 Certificate (on limitations to public access), ON THE APPLICATION FOR LEAVE TO CROSS-APPEAL Gloria Lynn Morgan and Gloria Lynn Morgan Executor of the Will of the Late Elizabeth Flora Cowper-Smith, Deceased
2016-09-01 Certificate (on limitations to public access), (Letter Form), ON RESPONSE, (Electronic version filed on 2016-09-01) Gloria Lynn Morgan and Gloria Lynn Morgan Executor of the Will of the Late Elizabeth Flora Cowper-Smith, Deceased
2016-09-01 Application for leave to cross-appeal, (Book Form), Completed on: 2016-09-01, (Electronic version filed on 2016-09-01) Gloria Lynn Morgan and Gloria Lynn Morgan Executor of the Will of the Late Elizabeth Flora Cowper-Smith, Deceased
2016-09-01 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-09-01, (Electronic version filed on 2016-09-01) Gloria Lynn Morgan and Gloria Lynn Morgan Executor of the Will of the Late Elizabeth Flora Cowper-Smith, Deceased
2016-08-30 Correspondence received from, (Letter Form), changes to Memorandum of Argument, (Printed version filed on 2016-08-30) Max Wayne Cowper-Smith
2016-08-26 Correspondence received from, CA Order Form rec'd; CA Order will be filed 2016/10/31 Max Wayne Cowper-Smith
2016-08-08 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order
2016-08-05 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-08-05) Max Wayne Cowper-Smith
2016-08-05 Application for leave to appeal, (Book Form), CA Order missing, Completed on: 2016-11-21, (Electronic version filed on 2016-08-05) Max Wayne Cowper-Smith