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21265

Canadian Indemnity Company v. Canadian Johns-Manville Company Limited

(Quebec) (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)
1991-12-18 General proceeding, receipt for costs in the amount of $7,403.06 Canadian Johns-Manville Company Limited
1991-09-13 Appeal closed
1990-10-18 Record returned to the Registrar of the Court of Appeal, (Montréal,QC)
1990-10-05 Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC)
1990-10-05 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1990-10-05 Formal judgment sent to the registrar of the court of appeal and all parties, (Québec,QC)
1990-09-13 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1990-09-13 Notice of deposit of judgment sent to all parties, Noël, Berthiaume (Hull,QC)
1990-09-13 Judgment on the appeal rendered, LaF L'HD So G Co, The appeal is dismissed with costs.
Dismissed, with costs
1990-01-09 General proceeding, transcripts received and distributed to the justices (83 pages)
1989-12-07 Hearing of the appeal, 1989-12-07, LaF L'HD So G Co
Decision reserved
1989-12-05 Book of authorities, (10 copies) Tab 62 A Canadian Johns-Manville Company Limited
1989-11-22 Order on miscellaneous motion, to file a supplementary factum.
1989-11-22 Book of authorities, joint 10 copies, vols. 1 and 2 Canadian Indemnity Company
1989-11-20 Decision on miscellaneous motion, on behalf of the appellant for leave to file a supplementary factum is dismissed without costs., L'HD
Dismissed, no order as to costs
1989-11-20 Hearing of miscellaneous motion, 1989-11-20, on behalf of the appellant for leave to file a supplementary factum is dismissed without costs., L'HD
1989-11-20 Submission of miscellaneous motion, 1989-11-20, on behalf of the appellant for leave to file a supplementary factum is dismissed without costs., L'HD
1989-11-14 Affidavit, (to file a supplementary factum), avec signification Canadian Indemnity Company
1989-11-14 Notice of miscellaneous motion, (to file a supplementary factum), avec signification Canadian Indemnity Company
1989-11-10 Correspondence (sent by the Court) to, fr. Clarkson, Tétrault re: objecting to filing of an appellant's reply factum
1989-10-27 Respondent's factum, 21 copies, avec signification Canadian Johns-Manville Company Limited
1989-10-10 Appeal hearing scheduled, 1989-12-07
Decision reserved
1989-09-18 Appellant's factum, 21 copies, avec signification Canadian Indemnity Company
1989-09-18 Notice of hearing Canadian Indemnity Company
1989-09-18 Appeal perfected for hearing, Session beginning on 1989-10-02
1989-09-07 General proceeding, to note Appeal to be heard on December 7, 1989.
1989-08-22 Trial court exhibits, 1 box,
1989-08-22 Trial court record, 4 boxes,
1989-08-22 Certified casebook, 16 volumes,, avec signification Canadian Indemnity Company
1989-08-04 Case on appeal, 21 copies vols. 1 to 16 Canadian Indemnity Company
1989-07-18 Order on motion to expedite the appeal
1989-07-17 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (appeal to be heard December 7 ; case on appeal August 4 ; appellant's factum Sept. 15 ; and respondent's factum October 27, 1989).
Granted, no order as to costs
1989-07-17 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1989-07-17, (appeal to be heard December 7 ; case on appeal August 4 ; appellant's factum Sept. 15 ; and respondent's factum October 27, 1989).
1989-07-17 Hearing of motion to expedite the appeal, 1989-07-17, (appeal to be heard December 7 ; case on appeal August 4 ; appellant's factum Sept. 15 ; and respondent's factum October 27, 1989).
1989-07-17 Submission of motion to expedite the appeal, 1989-07-17, (appeal to be heard December 7 ; case on appeal August 4 ; appellant's factum Sept. 15 ; and respondent's factum October 27, 1989).
1989-07-13 Response to motion to expedite the appeal Canadian Indemnity Company
1989-07-12 Motion to expedite the appeal, (2 copies), avec signification Canadian Johns-Manville Company Limited
1989-06-23 Service, of Notice of Appeal & Notice of deposit of security
1989-06-16 Order granting leave to appeal
1989-06-15 Notice of deposit of security
1989-06-15 $500 security deposit paid, certificate #2071 Canadian Indemnity Company
1989-06-15 Notice of appeal Canadian Indemnity Company
1989-06-12 Close file on Leave
1989-06-12 Notice of deposit of judgment issued to all parties, Beament, Green, York, Manton (Ott., Ont.)
1989-06-12 Notice of deposit of judgment issued to all parties, Clarkson, Tétrault (Ott., Ont.)
1989-06-08 Judgment of the Court on the application for leave to appeal, La L'HD G, The application for leave to appeal is granted, costs in the cause.
Granted, with costs in the cause
1989-06-08 Hearing of the application for leave to appeal, 1989-06-08, La L'HD G
1989-06-08 All materials on application for leave submitted to the Judges, 1989-06-08, La L'HD G
1989-02-24 All materials on application for leave submitted to the Judges, La L'HD G
1989-02-14 General proceeding, to note 5 copies of Applicant's reply, avec signification Canadian Indemnity Company
1989-01-06 Respondent's response on the application for leave to appeal, 5 copies, avec signification Canadian Johns-Manville Company Limited
1988-12-23 Correspondence received from, Letter re new rules sent to Clarkson, Tetrault (Mtl., QC_
1988-12-21 Book of authorities, , 5 copies Canadian Indemnity Company
1988-12-21 Application for leave to appeal, , 5 copies, avec signification, Completed on: 1988-12-21 Canadian Indemnity 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
Canadian Indemnity Company Applicant Active

v.

Main parties - Respondents
Name Role Status
Canadian Johns-Manville Company Limited Respondent Active

Counsel

Party: Canadian Indemnity Company

Counsel
Name
J. Vincent O'Donnell, Q.C.
Contact information
Lavery Montreal
4000 - 1 PL VILLE-MARIE
MONTRÉAL, Quebec
H3B 4M4
Telephone: (514) 871-1522
FAX: (514) 871-8977
Agent
Name
Robert Décary, c.r.
Contact information
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Canadian Johns-Manville Company Limited

Counsel
Name
Graham Nesbitt
Contact information
McCarthy Tétrault
1170 RUE PEEL
LE WINDSOR
MONTRÉAL, Quebec
H3B 4S8
Telephone: (514) 397-4100
FAX: (514) 875-6246
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

May 16, 1985
Superior Court of Quebec

500-05-013130-792

Action de l'appelante accueillie

October 25, 1988
Court of Appeal of Quebec (Montréal)

500-09-000780-858

Pourvoi accueilli

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