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22084

Canadian Commercial Bank v. Her Majesty the Queen in Right of Alberta, et al.

(Alberta) (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)
1997-08-25 Appeal closed
1992-12-16 Formal judgment sent to the registrar of the court of appeal and all parties, Alberta (Edmonton)
1992-12-16 Copy of formal judgment being prepared, Fraser & Beatty (Ottawa,ON)
1992-12-16 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1992-12-16 Copy of formal judgment being prepared, McCarthy, Tétrault (Ottawa,ON)
1992-11-23 Notice of deposit of judgment sent to all parties, McCarthy, Tétrault (Ottawa,ON)
1992-11-23 Notice of deposit of judgment sent to all parties, Fraser & Beatty (Ottawa,ON)
1992-11-23 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1992-11-19 Judgment on the appeal rendered, LaF L'HD G Co McL St Ia, The appeal is dismissed, with costs here and in the courts below. (Stevenson J. took no part in the judgement).
Dismissed, costs in this Court and courts below
1992-04-16 General proceeding, transcripts received and distributed to the justices (111 pages)
1992-04-02 Hearing of the appeal, 1992-04-02, LaF L'HD G Co McL St Ia
Decision reserved
1992-03-25 Discontinuance of motion to extend time, to file a factum in response to the respondents' submission as to costs, with service Canadian Commercial Bank
1992-03-20 Affidavit, to file a factum against costs; 2 copies; Marjorie E. Simington, with service Canadian Commercial Bank
1992-03-20 Motion to extend time, to file a factum limited to the new issue of the Respondents' entitlement to costs as against the Appellant personally; 2 copies, with service Canadian Commercial Bank
1992-03-19 Book of authorities, 10 copies, with service Canadian Commercial Bank
1992-03-17 Proof of service, 1 copy of factum, with service
1992-03-13 Respondent's factum, 21 copies, with service Royal Bank of Canada
1992-03-13 Respondent's factum, 24 copies Her Majesty the Queen in Right of Alberta
1992-02-06 Order on motion to reduce number of copies, namely 10 copies of vol.III (the Estey Commission Report)
1992-02-05 Order on motion to reduce number of copies, With service
1992-01-31 Appellant's factum, 24 copies, with service Canadian Commercial Bank
1992-01-30 Correspondence (sent by the Court) to, sent to Gowling, Strathy & Henderson; re: list of appeals inscribed for hearing by this Court during the January 1992 session and the Court's agenda for the sesion.
1992-01-30 Correspondence (sent by the Court) to, sent to Fraser & Beatty; re: list of appeals inscribed for hearing by this Court during the January 1992 session and the Court's agenda for the session.
1992-01-27 Case on appeal, VOL. III Estey Commission Report, 10 copies (see motion of Jan. 14, 1992), with service Canadian Commercial Bank
1992-01-27 Certified casebook, vols. 1 and 2, with service Canadian Commercial Bank
1992-01-23 Appeal hearing scheduled, 1992-04-02
Decision reserved
1992-01-16 Decision on motion to reduce number of copies, to 10 copies only of volume 3 of the case on appeal, consisting of the entire Estey Commission Report;, CJ
Granted, no order as to costs
1992-01-16 Hearing of motion to reduce number of copies, 1992-01-16, to 10 copies only of volume 3 of the case on appeal, consisting of the entire Estey Commission Report;, CJ
1992-01-16 Submission of motion to reduce number of copies, 1992-01-16, to 10 copies only of volume 3 of the case on appeal, consisting of the entire Estey Commission Report;, CJ
1992-01-16 Decision on motion to expedite the appeal, CJ, of the case and factum. With the conditional consents of the respondents 1) the appellant's draft factum be delivered to the respondents by Jan\24\1992. 2) the appellant's factum and case on appeal be served on the respondents by Jan\31\1992 3) the respondents be permitted to serve and file their factum by Mar\13\1992. 4) the hearing of this appeal be set for April 2, 1992.
Granted, no order as to costs
1992-01-16 Hearing of motion to expedite the appeal, 1992-01-16, CJ
1992-01-16 Submission of motion to expedite the appeal, 1992-01-16, CJ
1992-01-14 Response to motion to expedite the appeal, of appellant's factum for the session opening on Jan. 27, 1992 Royal Bank of Canada
1992-01-14 Response to motion to reduce number of copies Royal Bank of Canada
1992-01-14 Response to motion to reduce number of copies, (hand written on page 2 of order) Her Majesty the Queen in Right of Alberta
1992-01-14 Affidavit, (of Deborah A. Barrington) namely ten copies of vol. III consisting of the entire Estey Commission Report Canadian Commercial Bank
1992-01-14 Motion to reduce number of copies, namely ten copies of vol. III consisting of the entire Estey Commission Report Canadian Commercial Bank
1992-01-14 Response to motion to expedite the appeal, of appellant's factum Her Majesty the Queen in Right of Alberta
1992-01-14 Affidavit, of appellant's factum (of Deborah A. Barrington) Canadian Commercial Bank
1992-01-14 Motion to expedite the appeal, of appellant's factum Canadian Commercial Bank
1992-01-09 Correspondence (sent by the Court) to, from Brian A. Crane; re: abandons the motion to set aside the case on appeal
1992-01-09 General proceeding, draft Order of Court of Appeal of Alberta settling the contents of Case on Appeal (with covering letter) Canadian Commercial Bank
1992-01-04 Appeal perfected for hearing, Session beginning on 1992-01-27
1991-12-12 Correspondence (sent by the Court) to, from Madeleine Renaud; re:change the contact name from C.J. Michael Flavell to Colin C. Campbell
1991-12-09 Correspondence received from, from A. Roland sent to Mr. Earl A. Cherniak, Q.C. c/o Lerner & Assoc. (Toronto,ON) by fax (Re: Advising parties that Court will not proceed with the motion for an order setting aside the filing of the Case on Appeal until the motion now before the Court o
1991-12-05 General proceeding, Notice of motion filed in the Court of Appeal of Alberta for an order setting aside the Registrar's Certificate
1991-12-04 Correspondence (sent by the Court) to, from Brian A. Crane; re: will bring a motion to strike out the filing of the Case on Appeal
1991-12-04 Affidavit, the filing of the Case on appeal; Eduard J. Van Bemmel, with service Her Majesty the Queen in Right of Alberta
1991-12-04 Motion to strike out, the filing of the Case on appeal, with service Her Majesty the Queen in Right of Alberta
1991-12-04 Correspondence (sent by the Court) to, from Fraser & Beatty; re: does not intend to file respondent materials with respect to the motion brought by the Respondent to strike out the filing of the Case on Appeal
1991-11-26 Case on appeal, 21 copies, vols. 1 and 2 (returned for correction and returned from Jan. 27, 1992), with service Canadian Commercial Bank
1991-07-05 Order on motion to extend time to serve and/or file notice of appeal, With service
1991-06-28 Affidavit, to June 13\91; 2 copies; Kirk F. Stevens Canadian Commercial Bank
1991-06-28 Motion to extend the time to serve and/or file the notice of appeal, to June 13\91; 2 copies Canadian Commercial Bank
1991-06-28 Decision on motion to extend time to serve and/or file notice of appeal, to June/13/91,, McL
Granted, no order as to costs
1991-06-28 Hearing of motion to extend time to serve and/or file notice of appeal, 1991-06-28, to June/13/91,, McL
1991-06-28 Submission of motion to extend time to serve and/or file notice of appeal submitted, 1991-06-28, to June/13/91,, McL
1991-06-13 $500 security deposit paid, direction #2198 Canadian Commercial Bank
1991-06-13 Notice of appeal Canadian Commercial Bank
1991-06-13 Response to motion to extend time to serve and/or file notice of appeal Royal Bank of Canada
1991-06-13 Response to motion to extend time to serve and/or file notice of appeal Her Majesty the Queen in Right of Alberta
1991-03-15 Close file on Leave
1991-03-14 Notice of deposit of judgment issued to all parties, Fraser & Beatty (Ottawa,ON)
1991-03-14 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1991-03-14 Notice of deposit of judgment issued to all parties, McCarthy, Tétrault (Ottawa,ON)
1991-03-14 Judgment of the Court on the application for leave to appeal, McL St Ia, The application for leave to appeal is granted, costs in the cause.
Granted, with costs in the cause
1991-03-14 Hearing of the application for leave to appeal, 1991-03-14, McL St Ia
1991-03-14 All materials on application for leave submitted to the Judges, 1991-03-14, McL St Ia
1991-01-10 Order granting leave to appeal, With service
1990-12-04 All materials on application for leave submitted to the Judges, W So McL
1990-11-16 General proceeding, 5 copies of REPLY to the Respondent's memo, with service Price Waterhouse Limited
1990-11-16 General proceeding, to file the ORDER of the Court of Queen's Bench of Alberta appointing Price Waterhouse LIQUIDATOR for Canadian Commercial Bank and directing the liquida tor to present an application for leave to the Supreme Court. Price Waterhouse Limited
1990-11-13 Order on motion to extend time, With service
1990-11-06 Decision on motion to extend time, to serve and file a respondent's memorandum of argument to Oct/31/90,, W
Granted, no order as to costs
1990-11-06 Hearing of motion to extend time, 1990-11-06, to serve and file a respondent's memorandum of argument to Oct/31/90,, W
1990-11-06 Submission of motion to extend time, 1990-11-06, to serve and file a respondent's memorandum of argument to Oct/31/90,, W
1990-11-05 Correspondence received from, from Earl. A. Cherniak, re: that there is an error in the Memorandum of the Respondent Canadian Commercial Bank
1990-11-02 Response to motion to extend time, to file respondents' memorandum Her Majesty the Queen in Right of Alberta
1990-11-02 Response to motion to extend time, to file respondents' memorandum Canadian Commercial Bank
1990-11-02 Affidavit Royal Bank of Canada
1990-11-02 Motion to extend time, to file the respondents' memorandum Royal Bank of Canada
1990-10-31 Respondent's response on the application for leave to appeal, 5 copies (see extension of time), with service Royal Bank of Canada
1990-10-12 Respondent's response on the application for leave to appeal, 5 copies, with service Her Majesty the Queen in Right of Alberta
1990-10-05 Book of authorities, 5 copies, with service Canadian Commercial Bank
1990-09-25 $30.00 filing fee, #18171 Canadian Commercial Bank
1990-09-24 Application for leave to appeal, 5 copies, with service, Completed on: 1990-09-24 Canadian Commercial Bank

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 Commercial Bank Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen in Right of Alberta Respondent Active
Royal Bank of Canada Respondent Active
Bank of Montreal Respondent Active
Toronto-Dominion Bank Respondent Active
Bank of Nova Scotia Respondent Active
Canadian Imperial Bank of Commerce Respondent Active
National Bank of Canada Respondent Active

Other parties

Other parties
Name Role Status
Price Waterhouse Limited Other Active

Counsel

Party: Canadian Commercial Bank

Counsel
Name
Earl A. Cherniak, Q.C.
Contact information
Lerner & Associates
80 Dufferin Avenue
P.O. Box 2335
London, Ontario
N6A 4G4
Telephone: (519) 672-4510
FAX: (519) 672-2044
Agent
Name
William T. Houston
Contact information
Fraser Milner Casgrain LLP
1420 - 99 Bank St.
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690

Party: Her Majesty the Queen in Right of Alberta

Counsel
Name
D. James Rout, Q.C.
Contact information
Attorney General of Alberta
9833 - 109TH ST
5TH FL
EDMONTON, Alberta
T5K 2E8
Telephone: (403) 498-3401
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Royal Bank of Canada

Counsel
Name
Colin L. Campbell, Q.C.
Contact information
2412 - 401 BAY ST
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 364-4648
Agent
Name
C.J. Michael Flavell
Contact information
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813

Party: Bank of Montreal

Counsel
Name
Colin L. Campbell, Q.C.
Contact information
2412 - 401 BAY ST
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 364-4648
Agent
Name
C.J. Michael Flavell
Contact information
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813

Party: Toronto-Dominion Bank

Counsel
Name
Colin L. Campbell, Q.C.
Contact information
2412 - 401 BAY ST
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 364-4648
Agent
Name
C.J. Michael Flavell
Contact information
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813

Party: Bank of Nova Scotia

Counsel
Name
Colin L. Campbell, Q.C.
Contact information
2412 - 401 BAY ST
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 364-4648
Agent
Name
C.J. Michael Flavell
Contact information
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813

Party: Canadian Imperial Bank of Commerce

Counsel
Name
Colin L. Campbell, Q.C.
Contact information
2412 - 401 BAY ST
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 364-4648
Agent
Name
C.J. Michael Flavell
Contact information
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813

Party: National Bank of Canada

Counsel
Name
Colin L. Campbell, Q.C.
Contact information
2412 - 401 BAY ST
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 364-4648
Agent
Name
C.J. Michael Flavell
Contact information
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813

Party: Price Waterhouse Limited

Counsel
Name
Charles P. Russell
Contact information
McLennan Ross
600 - 12220 STONY PLAIN RD
PO BOX 12040 STN MAIN
EDMONTON, Alberta
T5J 3L2
Telephone: (403) 482-9200
Agent
Name
E. Lindsay Gorrell
Contact information
Fraser Milner Casgrain LLP
1200 - 180 Elgin St
Ottawa, Ontario
K2P 2K7
Telephone: (613) 783-9600
FAX: (613) 563-7800

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 25, 1990
Court of Appeal of Alberta (Edmonton)

8803-0110-AC...

Appeal allowed (See file)

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

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Webcasts

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Date modified: 2025-05-13