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17753

Central Trust Company v. Jack P. Rafuse, et al.

(Nova Scotia) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
1988-07-14 Formal judgment sent to the registrar of the court of appeal and all parties, (Halifax,NS)
1988-07-14 Copy of formal judgment being prepared, Mr. R. Cluney (Halifax,NS)
1988-07-14 Copy of formal judgment being prepared, Mr. B.A. Crane, Q.C. (Ottawa,ON)
1988-06-30 Judgment on the appeal rendered, CJ B McI La W LeD
Allowed, no order as to costs
1988-06-30 Hearing of the appeal, 1988-06-30, CJ B McI La W LeD
1988-04-11 Appeal hearing scheduled, 1988-06-30
1988-02-09 Respondent's factum, 20 copies on the re-hearing Jack P. Rafuse
1988-01-29 Appellant's factum, 20 copies on the re-hearing Central Trust Company
1987-12-17 Appeal re-hearing ordered
1987-12-17 All material on motion for a re-hearing of the appeal submitted to Justices, (The time within which to apply for a re-hearing is extended & the application for a re-hearing of the appeal with respect to the award of interest accruing daily after April 14, 1982 at the rate of $156.93 is granted.)
1987-12-04 Reply to the response to the motion for a re-hearing of the appeal, 10 copies, with service Central Trust Company
1987-12-03 General proceeding, from R.A. Cluney (Re: Correction issued)
1987-11-23 Response to the motion for a re-hearing of the appeal, 8 copies Jack P. Rafuse
1987-11-09 Motion for a re-hearing of the appeal, (with extension of time) Jack P. Rafuse
1987-07-08 General proceeding, to note records returned to Reg (Halifax,NS)
1987-05-26 Copy of formal judgment being prepared, R.H. Cluney (Halifax,NS)
1987-05-26 Copy of formal judgment being prepared, W.R. Moreira (Halifax,NS)
1987-02-03 Certificate of taxation issued to, Gowling & Henderson (Ottawa,ON)
1987-02-02 Fee on taxation $30.00, receipt # 101186 Central Trust Company
1987-02-02 Decision on the bill of costs, $4,101.04
1986-12-29 Formal judgment sent to the registrar of the court of appeal and all parties, (Halifax,NS)
1986-11-06 Approved order for payment out
1986-11-06 Payment out cheque issued, for $500.00, receipt # 3968 issued to Osler, Hoskin (Ottawa,ON)
1986-10-09 Judgment on the appeal rendered, CJ B E McI La W LeD
Allowed, costs in this Court and courts below
1985-08-14 Correspondence (sent by the Court) to, from R.A. Cluney
1985-07-30 Correspondence (sent by the Court) to, from Daley, Black (RE: Add. authorities)
1984-12-19 General proceeding, to note 9 coies of Appellant's authorities Central Trust Company
1984-12-17 General proceeding, to note 11 coies of Resp. additional authorities Jack P. Rafuse
1984-12-06 Hearing of the appeal, 1984-12-06, CJ B E McI La W LeD
Decision reserved
1984-12-04 General proceeding, to note 10 copies of 4 unreported decisions Jack P. Rafuse
1984-11-21 Appellant's factum, 9 copies supplementary factum Central Trust Company
1984-10-12 Respondent's factum, 21 copies Jack P. Rafuse
1984-10-01 Appeal hearing scheduled, 1984-12-06
Decision reserved
1984-09-14 Trial court exhibits
1984-09-05 Appeal court record
1984-09-05 Trial court record
1983-09-08 Notice of hearing, With service Central Trust Company
1983-09-06 Order on motion to expedite the appeal
1983-09-06 Appeal perfected for hearing, Session beginning on 1984-01-29
1983-09-01 Decision on motion to expedite the appeal, E
Granted, no order as to costs
1983-09-01 Hearing of motion to expedite the appeal, 1983-09-01, E
1983-09-01 Submission of motion to expedite the appeal, 1983-09-01, E
1983-09-01 Response to motion to expedite the appeal Jack P. Rafuse
1983-09-01 Motion to expedite the appeal Central Trust Company
1983-08-31 Correspondence (sent by the Court) to, from Herridge, Tolmie
1983-08-31 Appellant's factum, 21 copies Central Trust Company
1983-08-31 Certified casebook Central Trust Company
1983-08-31 Case on appeal, 21 copies vols. 1 & 2 Central Trust Company
1983-06-28 Notice of deposit of security, With service
1983-06-24 $500 security deposit paid, receipt # 1341 Central Trust Company
1983-06-24 General proceeding, to note judgment from the Court of Appeal granting leave to Supreme Court of Canada filed.
1983-06-23 $30.00 filing fee, receipt # 5620 Central Trust Company
1983-06-23 Notice of appeal, With service Central Trust Company
1983-06-22 Discontinuance of the application for leave to appeal, With service Central Trust Company
1983-06-02 Notice of application for leave to appeal Central Trust Company

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

Main parties - Appellants
Name Role Status
Central Trust Company Applicant Active

v.

Main parties - Respondents
Name Role Status
Rafuse, Jack P. Respondent Active
Gordon, Franklyn W. Respondent Active

Counsel

Party: Central Trust Company

Counsel
Names
Reginald A. Cluney, Q.C.
R.G. Belliveau
Contact information
McInnes Cooper & Robertson
1601 LOWER WATER ST
PO BOX 730 STN CENTRAL
HALIFAX, Nova Scotia
B3J 2V1
Telephone: (902) 425-6500
FAX: (902) 425-6350
Agent
Name
Michael L. Phelan
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867

Party: Rafuse, Jack P.

Counsel
Names
Alexander S. Beveridge
Arthur R. Moreira
Contact information
Daley, Black & Moreira
400 - 1791 BARRINGTON ST
PO BOX 355 STN CENTRAL RPO
HALIFAX, Nova Scotia
B3J 2N7
Telephone: (902) 423-7211
FAX: (902) 420-1744
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Gordon, Franklyn W.

Counsel
Name
Alexander S. Beveridge
Contact information
Daley, Black & Moreira
400 - 1791 BARRINGTON ST
PO BOX 355 STN CENTRAL RPO
HALIFAX, Nova Scotia
B3J 2N7
Telephone: (902) 423-7211
FAX: (902) 420-1744
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

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.

None.

Lower court rulings

July 12, 1982
Supreme Court of Nova Scotia, Trial Division

30031

Action dismissed

March 30, 1983
Nova Scotia Court of Appeal

01038

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

Not available

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

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

Webcasts

Not available.

Date modified: 2025-05-13