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22157

Coronation Insurance Company Limited, et al. v. Carol Florence, et al.

(British Columbia) (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)
1997-09-05 Appeal closed
1994-08-08 Decision on judicial taxation, In the result the appeal from the taxation of costs by the Registrar is dismissed with costs (for reasons see file), Co
Dismissed, no order as to costs
1994-07-15 Correspondence (sent by the Court) to, of Henry S. Brown, Q.C. dated July 15/94 attached with a brief written note outlining the appellant' s points re: s.78(4) of the "Legal Profession Act"
1994-07-13 Submission of application to a judge for review of a decision of the registrar on an objection to the taxation of a bill of costs, 1994-07-13, Co
Decision reserved
1994-07-13 Hearing on judicial taxation, 1994-07-13, Co
Decision reserved
1994-06-23 General proceeding, 2 copies of response to the application to review the Registrar's decision; 2 copies of authorities, with service Carol Florence
1994-06-16 Application to a judge for review of a decision of the registrar on an objection to the taxation of a bill of costs, 1 copy of argument and 1 copy of supporting material (proof of service received June 20, 1994) Coronation Insurance Company Limited
1994-05-25 Decision on the objection to the taxation of the bill of costs, Reg
Dismissed, no order as to costs
1994-05-25 Hearing of objection to registrar's decision on taxation, 1994-05-25, Reg
1994-05-25 Submission of objection to taxation of the bill of costs, 1994-05-25, Reg
1994-05-19 General proceeding, reply to the response to the objection to the taxation of costs Coronation Insurance Company Limited
1994-05-13 Correspondence (sent by the Court) to, (by fax) from P. Wilson; re: does not object to the filing of a reply (original filed on May 17/94 )
1994-05-13 General proceeding, response to the objection to the taxation of costs Carol Florence
1994-05-12 Correspondence (sent by the Court) to, from Gowling; re: responding to the objection to the taxation of costs
1994-05-02 Objection to the taxation of the bill of costs, 1 copy Coronation Insurance Company Limited
1994-04-27 Correspondence (sent by the Court) to, from Osler; re: clients agree to an extension of time to Monday, May 2/94
1994-04-26 Correspondence (sent by the Court) to, from Gowling; re: objection to the taxation will be filed by May 4/94
1994-04-15 Correspondence (sent by the Court) to, (by fax) from Henry S. Brown; re: would like confirmation of the intentions concerning execution on a certificate of taxation
1994-04-14 Correspondence (sent by the Court) to, of Patricia J. Wilson (Osler, Hoskin) in response to Mr. Brown's letter of April 13, 1994 to the Registrar re certificate of taxation (by fax) (ORIGINAL RECEIVED ON APRIL 15, 1994)
1994-04-13 Correspondence (sent by the Court) to, from Henry S. Brown; re: refrain from issuing a certificate of taxation until April 27/94
1994-04-08 Decision on the bill of costs, by the Registrar at $7680.94 (see file for reasons)
1994-03-11 General proceeding, 2 copies of memorandum of argument on the Taxation Coronation Insurance Company Limited
1994-03-10 Affidavit, of Eduard J. Van Bemmel in opposition to the taxation of the Bill of Costs of Florence; 2 copies Coronation Insurance Company Limited
1994-02-22 Affidavit, of Christine Matthews in support of the Bill of costs Carol Florence
1994-02-22 Notice of appointment to tax the bill of costs
1994-02-21 Order on miscellaneous motion, re: order of the Registrar made on Jan 27/94
1994-02-16 Decision on miscellaneous motion, on behalf of the respondent for an Order setting aside the Order of the Registrar made on January 27, 1994. The taxation of the proceeding in this Court including the costs of this application should proceed. (FOR REASONS SEE FILE), Co
Granted, no order as to costs
1994-02-16 Hearing of miscellaneous motion, 1994-02-16, on behalf of the respondent for an Order setting aside the Order of the Registrar made on January 27, 1994. The taxation of the proceeding in this Court including the costs of this application should proceed. (FOR REASONS SEE FILE), Co
1994-02-16 Submission of miscellaneous motion, 1994-02-16, on behalf of the respondent for an Order setting aside the Order of the Registrar made on January 27, 1994. The taxation of the proceeding in this Court including the costs of this application should proceed. (FOR REASONS SEE FILE), Co
1994-02-15 Hearing of miscellaneous motion, 1994-02-15, on behalf of the respondent for an order setting aside the Order of the Registrar made on January 27, 1994.
Decision reserved
1994-02-15 Submission of miscellaneous motion, 1994-02-15, on behalf of the respondent for an order setting aside the Order of the Registrar made on January 27, 1994.
Decision reserved
1994-02-14 Notice of miscellaneous motion, 2 copies (MEMORANDUM OF ARGUMENT - LOOSE SHEETS) Coronation Insurance Company Limited
1994-02-14 Notice of miscellaneous motion, 2 COPIES (material relied upon by the appellants on their motion to adjourn and further materialto be relied upon in opposing the motion to set aside the registrar's order) Coronation Insurance Company Limited
1994-02-09 General proceeding, re: taxation appointed to proceed Jan 31/94 be and the same is hereby adjourned pending the disposition of the review instituted by the respondents of the decision of the Honourable Mr. Justice Gibbs dated Jan 12/94 signed by the Registrar Coronation Insurance Company Limited
1994-02-09 Order on miscellaneous motion, re: adjourning the taxation
1994-02-07 Notice of miscellaneous motion, for an Order setting aside the Order of the Registrar of Jan. 27/94 adjourning the taxation, with service Carol Florence
1994-01-27 Decision on miscellaneous motion, to adjourn the taxation (TAXATION ADJOURNED UNTIL AFTER THE COURT OF APPEAL DECISION), Reg
Granted, no order as to costs
1994-01-27 Hearing of miscellaneous motion, 1994-01-27, to adjourn the taxation (TAXATION ADJOURNED UNTIL AFTER THE COURT OF APPEAL DECISION), Reg
1994-01-27 Submission of miscellaneous motion, 1994-01-27, to adjourn the taxation (TAXATION ADJOURNED UNTIL AFTER THE COURT OF APPEAL DECISION), Reg
1994-01-26 Affidavit, of Cathy Joanne McQuay with respect to the motion to adjour the taxation, with service Coronation Insurance Company Limited
1994-01-21 Affidavit, to adjourn the taxation; Timothy W. Pearkes, with service Coronation Insurance Company Limited
1994-01-21 Notice of miscellaneous motion, to adjourn the taxation by the respondents, with service Coronation Insurance Company Limited
1994-01-10 Notice of appointment to tax the bill of costs
1992-10-16 Correspondence (sent by the Court) to, sent to Court of Appeal of B.C. (Vancouver,BC) Re: Lower Court records sent back.
1991-12-19 Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver)
1991-12-19 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1991-12-19 Copy of formal judgment being prepared, Osler, Hoskin & Harcourt (Ottawa,ON)
1991-11-28 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1991-11-28 Notice of deposit of judgment sent to all parties, Osler, Hoskin & Harcourt (Ottawa,ON)
1991-11-28 Judgment on the appeal rendered, LaF L'HD So Co McL St Ia, The appeal is allowed and the action is dismissed with costs to the Respondents throughout, including the costs in this Court. Sopinka, McLachlin and Stevenson JJ. would not have granted costs in this Court.
Allowed, costs in this Court and courts below
1991-07-09 General proceeding, correspondence from David P. Church; re: COSTS Carol Florence
1991-07-08 General proceeding, transcription of proceedings (distributed)
1991-06-21 Hearing of the appeal, 1991-06-21, LaF L'HD So Co McL St Ia
Decision reserved
1991-06-21 Decision on motion to adduce new evidence, LaF L'HD So Co McL St Ia
Dismissed, no order as to costs
1991-06-21 Hearing of the motion to adduce new evidence, 1991-06-21, LaF L'HD So Co McL St Ia
1991-06-21 Submission of motion to adduce new evidence, 1991-06-21, LaF L'HD So Co McL St Ia
1991-06-14 Book of authorities, JOINT 10 copies of vol. I & II Coronation Insurance Company Limited
1991-06-11 Order on motion to extend time, to serve and file the respondents factum., with service
1991-06-11 Order on motion to directions, With service
1991-06-10 General proceeding, 21 copies of case on appeal supplement (Federal Court), with service Coronation Insurance Company Limited
1991-06-10 General proceeding, 21 copies of supplementary case on appeal, with service Coronation Insurance Company Limited
1991-06-07 Respondent's argument on the motion to adduce new evidence, 21 copies, with service Carol Florence
1991-06-07 Respondent's factum, 21 copies, with service Deborah Passarell
1991-06-07 Respondent's factum, 21 copies, with service Carol Florence
1991-06-07 Affidavit, of David Porter Church in reply to the affidavit of Stephen Gill sowrn May 29, 1991 Carol Florence
1991-06-06 Appeal court record, (1 envelop)
1991-05-31 Affidavit, of Stephen D. Gill; in response to the Affidavit of David Church Coronation Insurance Company Limited
1991-05-30 Decision on motion to extend time, to serve and file the respondents factum to June/07/1991, McL
Granted, no order as to costs
1991-05-30 Hearing of motion to extend time, 1991-05-30, to serve and file the respondents factum to June/07/1991, McL
1991-05-30 Submission of motion to extend time, 1991-05-30, to serve and file the respondents factum to June/07/1991, McL
1991-05-30 Affidavit, of David Porter Church, with service Carol Florence
1991-05-30 Decision on motion for directions, McL
Dismissed, no order as to costs
1991-05-30 Hearing of motion for directions, 1991-05-30, McL
1991-05-30 Submission of motion for directions, 1991-05-30, McL
1991-05-29 Affidavit, ; Gary V. Lauk, with service Carol Florence
1991-05-29 Affidavit, ; David Porter Church, with service Carol Florence
1991-05-29 Motion for directions, 1) for an order abridging the time for the service and filing of this motion; 2) for an order directing that the appellants shall not be permitted to file a "Supplementary Case on Appeal"; 3) for an order striking paragraphs 6 - 16, Issue "C", and paragra Carol Florence
1991-05-29 Motion to extend time, to serve and file the respondent's factum, with service Carol Florence
1991-05-29 Affidavit, of Stephen D. Gill, in response to the Affidavit of David Church Coronation Insurance Company Limited
1991-05-29 Motion to adduce new evidence, 10 copies; RETURNABLE AT THE HEARING OF THE APPEAL, with service Coronation Insurance Company Limited
1991-05-27 General proceeding, Order of the Court of Appeal settling the content of the case on appeal
1991-05-24 Appellant's factum, 21 copies., with service Coronation Insurance Company Limited
1991-05-24 General proceeding, 1 copy of appellant's factum by fax Coronation Insurance Company Limited
1991-05-24 Certified casebook, 1 copy, with service Coronation Insurance Company Limited
1991-05-22 Case on appeal, 21 copies Coronation Insurance Company Limited
1991-04-26 Appeal hearing scheduled, 1991-06-21
Decision reserved
1991-04-18 Notice of hearing, With service Coronation Insurance Company Limited
1991-04-08 Order on motion to expedite the appeal, With service
1991-04-02 Appeal perfected for hearing, Session beginning on 1991-04-29
1991-03-21 Affidavit, Debra Lynn Passarell Carol Florence
1991-03-21 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, so that the appeal is to be heard on Jun/21/91. the appellants factum and case on appeal book is to be filed by May/24/91, and the respondents factum should be filed by May/31/91. Justice McLaughlin will be hearing any other motions in this case if problems should arise.
Granted, no order as to costs
1991-03-21 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1991-03-21
1991-03-21 Hearing of motion to expedite the appeal, 1991-03-21
1991-03-21 Submission of motion to expedite the appeal, 1991-03-21
1991-03-20 Affidavit, Stephen Donald Gill, with service Carol Florence
1991-03-20 Order granting leave to appeal, With service
1991-03-18 Affidavit, David Porter Church, with service Carol Florence
1991-03-18 Affidavit, Carol Ann Florence, with service Carol Florence
1991-03-18 Motion to expedite the appeal, With service Carol Florence
1991-02-19 Service, of Notice of Appeal
1991-02-07 Notice of deposit of security, With service
1991-02-01 $500 security deposit paid, direction #2183 Coronation Insurance Company Limited
1991-01-31 Notice of appeal Coronation Insurance Company Limited
1991-01-25 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1991-01-25 Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt (Ottawa,ON)
1991-01-25 Notice of deposit of judgment issued to all parties, Lauk & Associates (Vancouver,BC)
1991-01-25 Judgment of the Court on the application for leave to appeal, G Co St, The application for leave to appeal is granted.
Granted, no order as to costs
1991-01-25 Hearing of the application for leave to appeal, 1991-01-25, G Co St
1991-01-25 All materials on application for leave submitted to the Judges, 1991-01-25, G Co St
1990-12-21 Order on motion to extend time, With service
1990-12-19 Decision on motion to extend time, in which to serve and file a respondent's memo of argument to Dec/10/90, and also that the Passarell family, not be entitled to any costs in respect to the application for leave to appeal,, Co
Granted, no order as to costs
1990-12-19 Hearing of motion to extend time, 1990-12-19, in which to serve and file a respondent's memo of argument to Dec/10/90, and also that the Passarell family, not be entitled to any costs in respect to the application for leave to appeal,, Co
1990-12-19 Submission of motion to extend time, 1990-12-19, in which to serve and file a respondent's memo of argument to Dec/10/90, and also that the Passarell family, not be entitled to any costs in respect to the application for leave to appeal,, Co
1990-12-18 Response to motion to extend time, With service Coronation Insurance Company Limited
1990-12-18 Affidavit, of Jane M. Jago., with service Deborah Passarell
1990-12-18 Motion to extend time, to serve and file a respondent memorandum joint (R05, R06, R07.), with service Deborah Passarell
1990-12-18 All materials on application for leave submitted to the Judges, G Co St
1990-12-10 Respondent's response on the application for leave to appeal, 5 copies, with service Deborah Passarell
1990-11-28 General proceeding, 5 copies of applicants' REPLY Coronation Insurance Company Limited
1990-11-20 Respondent's response on the application for leave to appeal, 5 copies, with service Carol Florence
1990-10-29 Book of authorities, 3 copies Coronation Insurance Company Limited
1990-10-29 $30.00 filing fee, receipt #18379 Coronation Insurance Company Limited
1990-10-29 Application for leave to appeal, 5 copies, with service, Completed on: 1990-10-29 Coronation Insurance Company Limited

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
Coronation Insurance Company Limited Applicant Active
Eagle Star Insurance Company Limited Applicant Active

v.

Main parties - Respondents
Name Role Status
Florence, Carol Respondent Active
Florence, Andrew Respondent Active
Florence, Russell A. Respondent Active
Passarell, Deborah Respondent Active
Passarell, Natasha Respondent Active
Passarell, Jackelynn Respondent Active
Passarell, Rocky Respondent Active

Counsel

Party: Coronation Insurance Company Limited

Counsel
Names
Stephen D. Gill
Henry S. Brown, Q.C.
Contact information
Edwards, Kenny & Bray
1040 GEORGIA ST W
19TH FL
VANCOUVER, British Columbia
V6E 4H3
Telephone: (604) 689-1811
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: Eagle Star Insurance Company Limited

Counsel
Name
Stephen D. Gill
Contact information
Edwards, Kenny & Bray
1040 GEORGIA ST W
19TH FL
VANCOUVER, British Columbia
V6E 4H3
Telephone: (604) 689-1811
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: Florence, Carol

Counsel
Names
J.J. Camp, Q.C.
D. Church
G.V. Lauk
David Church
Shawn Neylan
Contact information
Church & Company
900 - 1040 West Georgia Street
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 408-8277
FAX: (604) 408-8278
Agent
Name
Patricia J. Wilson
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

Party: Florence, Andrew

Counsel
Name
J.J. Camp, Q.C.
Contact information
Church & Company
900 - 1040 West Georgia Street
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 408-8277
FAX: (604) 408-8278
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: Florence, Russell A.

Counsel
Name
J.J. Camp, Q.C.
Contact information
Church & Company
900 - 1040 West Georgia Street
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 408-8277
FAX: (604) 408-8278
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: Passarell, Deborah

Counsel
Name
Gary V. Lauk
Contact information
Lauk La Liberté
225 - 701 GEORGIA ST W
VANCOUVER, British Columbia
V7Y 1C6
Telephone: (604) 669-8808
FAX: (604) 669-2719
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: Passarell, Natasha

Counsel
Name
Gary V. Lauk
Contact information
Lauk La Liberté
225 - 701 GEORGIA ST W
VANCOUVER, British Columbia
V7Y 1C6
Telephone: (604) 669-8808
FAX: (604) 669-2719
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: Passarell, Jackelynn

Counsel
Name
Gary V. Lauk
Contact information
Lauk La Liberté
225 - 701 GEORGIA ST W
VANCOUVER, British Columbia
V7Y 1C6
Telephone: (604) 669-8808
FAX: (604) 669-2719
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: Passarell, Rocky

Counsel
Name
Gary V. Lauk
Contact information
Lauk La Liberté
225 - 701 GEORGIA ST W
VANCOUVER, British Columbia
V7Y 1C6
Telephone: (604) 669-8808
FAX: (604) 669-2719
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

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

February 27, 1989
Supreme Court of British Columbia

C866150

Action allowed

July 20, 1990
Court of Appeal for British Columbia (Vancouver)

CA010604

Appeal allowed

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

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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.

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Date modified: 2025-05-13