Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
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.
| 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
| Name | Role | Status |
|---|---|---|
| Canadian Commercial Bank | Applicant | Active |
v.
| 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
| Name | Role | Status |
|---|---|---|
| Price Waterhouse Limited | Other | Active |
Counsel
Party: Canadian Commercial Bank
Counsel
80 Dufferin Avenue
P.O. Box 2335
London, Ontario
N6A 4G4
Telephone: (519) 672-4510
FAX: (519) 672-2044
Agent
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
9833 - 109TH ST
5TH FL
EDMONTON, Alberta
T5K 2E8
Telephone: (403) 498-3401
Agent
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
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 364-4648
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813
Party: Bank of Montreal
Counsel
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 364-4648
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813
Party: Toronto-Dominion Bank
Counsel
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 364-4648
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813
Party: Bank of Nova Scotia
Counsel
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 364-4648
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813
Party: Canadian Imperial Bank of Commerce
Counsel
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 364-4648
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813
Party: National Bank of Canada
Counsel
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 364-4648
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813
Party: Price Waterhouse Limited
Counsel
600 - 12220 STONY PLAIN RD
PO BOX 12040 STN MAIN
EDMONTON, Alberta
T5J 3L2
Telephone: (403) 482-9200
Agent
1200 - 180 Elgin St
Ottawa, Ontario
K2P 2K7
Telephone: (613) 783-9600
FAX: (613) 563-7800
Summary
Keywords
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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.
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Lower court rulings
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
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