Case information
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22915
Patrick Owen Swinamer v. Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of N.S.
(Nova Scotia) (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) |
|---|---|---|
| 1997-09-09 | Appeal closed | |
| 1994-07-25 | Correspondence (sent by the Court) to, sent to Prothonotary of the Supreme Court (Kentville, NS) enclosing their record | |
| 1994-07-21 | Correspondence (sent by the Court) to, sent to C/A of NS (Halifax, NS) enclosing their record | |
| 1994-04-06 | Copy of formal judgment being prepared, A.G. of Canada (Ottawa, ON) | |
| 1994-04-06 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-04-06 | Copy of formal judgment being prepared, Beament, Green, Dust (Ottawa, ON) | |
| 1994-04-06 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON) | |
| 1994-04-06 | Formal judgment sent to the registrar of the court of appeal and all parties, Nova Scotia | |
| 1994-03-17 |
Judgment on the appeal rendered, LaF So G Co McL Ia Ma, The appeal is dismissed. There should be no order as to costs. Dismissed, no order as to costs |
|
| 1994-03-17 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON) | |
| 1994-03-17 | Notice of deposit of judgment sent to all parties, Beament, Green, Dust (Ottawa, ON) | |
| 1994-03-17 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-03-17 | Notice of deposit of judgment sent to all parties, A.G. of Canada (Ottawa, ON) | |
| 1993-11-15 | General proceeding, transcripts received and distributed to the judges (186 pages - joint with 22946) | |
| 1993-11-08 |
Hearing of the appeal, 1993-11-08, heard together with 22926, LaF So G Co McL Ia Ma Decision reserved |
|
| 1993-11-08 | General proceeding, 8 copies of REPORTS OF CASES (GIVEN IN COURT BY THE A.G. CANADA - JOINT WITH 22946) | Attorney General of Canada |
| 1993-11-08 | General proceeding, 8 copies of The Cleveland-Cliffs Steamship Co. v - Queen (GIVEN IN COURT BY THE A.G. CANADA) | Attorney General of Canada |
| 1993-11-05 | Book of authorities, 10 copies | Attorney General of Canada |
| 1993-11-04 | Supplemental factum, 24 copies (motion granted by Co on Oct. 27/93), with service | Patrick Owen Swinamer |
| 1993-11-03 | Order on motion to extend time, to file intervener's factum to Oct 8/93 | |
| 1993-11-03 |
Decision on motion to extend time, to file intervener's factum to Oct 8/93, with service, Reg Granted, no order as to costs |
|
| 1993-11-03 | Hearing of motion to extend time, 1993-11-03, to file intervener's factum to Oct 8/93, with service, Reg | |
| 1993-11-03 | Submission of motion to extend time, 1993-11-03, to file intervener's factum to Oct 8/93, with service, Reg | |
| 1993-11-01 | Response to motion to extend time, to file the A. G. Canada's factum by the respondent (1 copy) | Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of N.S. |
| 1993-11-01 | Response to motion to extend time, to file the A.G. Canada's factum by the appellant (1 copy) | Patrick Owen Swinamer |
| 1993-11-01 | Affidavit, to file the A.G. Canada's factum (Donald J. Rennie (1 copy), with service | Attorney General of Canada |
| 1993-11-01 | Motion to extend time, to file the A.G. Canada's factum to Oct. 8, 1993 (1 copy), with service | Attorney General of Canada |
| 1993-10-27 | Response to motion to file a reply factum on appeal, 2 copies | Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of N.S. |
| 1993-10-27 |
Decision on the motion to file a reply factum on appeal, With service, Co Granted, no order as to costs |
|
| 1993-10-27 | Hearing of motion to file a reply factum on appeal, 1993-10-27, With service, Co | |
| 1993-10-27 | Submission of motion to file a reply factum on appeal, 1993-10-27, With service, Co | |
| 1993-10-26 | Affidavit, (of Derrick J.Kimball), with service | Patrick Owen Swinamer |
| 1993-10-26 | Motion to file a reply factum on appeal | Patrick Owen Swinamer |
| 1993-10-19 | Response to the motion for leave to intervene, of the Attorney General of Ontario | Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of N.S. |
| 1993-10-19 |
Decision on motion to extend time, (joint with the motion to intervene and to abridge the time), with service, Ia Dismissed, no order as to costs |
|
| 1993-10-19 | Hearing of motion to extend time, 1993-10-19, (joint with the motion to intervene and to abridge the time), with service, Ia | |
| 1993-10-19 | Submission of motion to extend time, 1993-10-19, (joint with the motion to intervene and to abridge the time), with service, Ia | |
| 1993-10-19 |
Decision on the motion for leave to intervene, (joint with motion to extend the time and to abridge the time), with service, Ia Dismissed, no order as to costs |
|
| 1993-10-19 | Hearing of motion for leave to intervene, 1993-10-19, (joint with motion to extend the time and to abridge the time), with service, Ia | |
| 1993-10-19 | Submission of motion for leave to intervene, 1993-10-19, (joint with motion to extend the time and to abridge the time), with service, Ia | |
| 1993-10-18 | Book of authorities, 10 copies Joint, with service | Patrick Owen Swinamer |
| 1993-10-15 | Affidavit, of Thomas H. Wickett to abridge the time to hear the motions to intervene and to extend the time (same affidavit of the motions to intervene and to extend the time), with service | Attorney General for Ontario |
| 1993-10-15 | Affidavit, of Thomas H. Wickett to file the A.G. Ontario's factum (same affidavit of the motions to intervene and to abridge the time), with service | Attorney General for Ontario |
| 1993-10-15 | Affidavit, of Thomas H. Wickett (same affidavit of the motion to extend and abridge the time), with service | Attorney General for Ontario |
| 1993-10-15 | Notice of miscellaneous motion, (to abridge the time to hear the motion to extend the time and to intervene - joint with motions to intervene and to extend the time for filing the A.G. Ontario's factum), with service | Attorney General for Ontario |
| 1993-10-15 | Motion to extend time, to file the A.G. Ontario's factum (joint with motion to intervene and to abridge the time), with service | Attorney General for Ontario |
| 1993-10-15 | Motion for leave to intervene, (joint with motion to extend the time and to abridge the time), with service | Attorney General for Ontario |
| 1993-10-08 | Intervener's factum, 26 copies (extension of time ?) (joint with 22946), with service | Attorney General of Canada |
| 1993-10-05 | Correspondence (sent by the Court) to, from Beament, Green re: Mr. Jonathan Davies will be appearing at the hearing of the appeal on Nov. 8, 1993 | |
| 1993-09-23 |
Appeal hearing scheduled, 1993-11-08 Decision reserved |
|
| 1993-09-21 | Notice of hearing, (1 copy), with service | Patrick Owen Swinamer |
| 1993-09-13 | Appeal court record, 1 small box | |
| 1993-09-07 | Trial court record, 1 red accordion file (to be SENT BACK to Kentville N.S.) | |
| 1993-09-07 |
Decision on motion to extend time, to serve and file its factum to Sept 30/93, with service, Reg Granted, no order as to costs |
|
| 1993-09-07 | Hearing of motion to extend time, 1993-09-07, to serve and file its factum to Sept 30/93, with service, Reg | |
| 1993-09-07 | Submission of motion to extend time, 1993-09-07, to serve and file its factum to Sept 30/93, with service, Reg | |
| 1993-09-07 | Correspondence (sent by the Court) to, sent to Office of Prothonotary of the Supreme Court (Kentville, NS) from C. Alain re: receipt of letter dated Aug. 31/93 and enclosed material. | |
| 1993-09-02 | Response to motion to extend time, to Sept. 30, 1993 to file the intervener's A.G. Canada factum | Patrick Owen Swinamer |
| 1993-08-31 | Response to motion to extend time, to file the intervener's A.G. Canada factum to Sept. 30, 1993 | Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of N.S. |
| 1993-08-26 | Affidavit, to September 30, 1993 to file the intervener's factum (of Susan D. Clarke), with service | Attorney General of Canada |
| 1993-08-26 | Motion to extend time, to September 30, 1993 to file the intervener's factum, with service | Attorney General of Canada |
| 1993-08-23 |
Decision on the motion for leave to intervene, to August 23/93, oral argument is limited to 15 minutes, McL Granted, no order as to costs |
|
| 1993-08-23 | Hearing of motion for leave to intervene, 1993-08-23, to August 23/93, oral argument is limited to 15 minutes, McL | |
| 1993-08-23 | Submission of motion for leave to intervene, 1993-08-23, to August 23/93, oral argument is limited to 15 minutes, McL | |
| 1993-08-23 |
Decision on motion to extend time, for leave to intervene to August 23/93, McL Granted, no order as to costs |
|
| 1993-08-23 | Hearing of motion to extend time, 1993-08-23, for leave to intervene to August 23/93, McL | |
| 1993-08-23 | Submission of motion to extend time, 1993-08-23, for leave to intervene to August 23/93, McL | |
| 1993-08-18 | Response to the motion for leave to intervene, of the Attorney General of Canada on the condition that the intervener is to pay additional disbursements incurred by the appellant as a result of the intervention in accordance with Rules 18(6) | Patrick Owen Swinamer |
| 1993-08-06 | Correspondence (sent by the Court) to, of Donald J. Rennie to Henry S. Brown, dated July 28 1993, to advise that it is not the practice to pay costs as a price of obtaining a consent to intervene (joint with 22946) | |
| 1993-08-06 | Correspondence (sent by the Court) to, of Henry S. Brown (Gowling, Strathy & Henderson) to consent to the motion for leave to intervene of the A.G. of Canada provided that the Crown agrees to pay the disbursements and the fees | |
| 1993-08-03 | Correspondence (sent by the Court) to, of Donald J. Rennie to inquire about the status of the motion for leave to intervene | |
| 1993-07-09 | General proceeding, Respondent does not object to the intervention of A.G. Canada | Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of N.S. |
| 1993-06-08 | Affidavit, 2 copies; Donald J. Rennie, with service | Attorney General of Canada |
| 1993-06-08 | Motion for leave to intervene, 2 copies, with service | Attorney General of Canada |
| 1993-06-08 | Affidavit, to seek leave to intervene; Donald J. Rennie, with service | Attorney General of Canada |
| 1993-06-08 | Motion to extend time, to seek leave to intervene, with service | Attorney General of Canada |
| 1993-05-27 | Respondent's factum, 24 copies, with service | Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of N.S. |
| 1993-05-21 | Appeal perfected for hearing, Session beginning on 1993-10-04 | |
| 1993-04-27 | Correspondence (sent by the Court) to, sent to Attorney General of Nova Scotia (Halifax, NS) enclosing Rule 32 | |
| 1993-04-27 | Correspondence (sent by the Court) to, sent to Kimball & Associates (Wolfwille, NS) enclosing Rule 32 | |
| 1993-03-26 | Appellant's factum, 24 copies | Patrick Owen Swinamer |
| 1993-01-28 | Case on appeal, 24 copies of vol. I to III | Patrick Owen Swinamer |
| 1992-10-30 | Notice of appeal, With service | Patrick Owen Swinamer |
| 1992-10-30 | $500 security deposit paid, direction #2247 | Patrick Owen Swinamer |
| 1992-10-01 |
Judgment of the Court on the application for leave to appeal, LaF So G, The application for leave to appeal is granted Granted, no order as to costs |
|
| 1992-10-01 | Hearing of the application for leave to appeal, 1992-10-01, LaF So G | |
| 1992-10-01 | All materials on application for leave submitted to the Judges, 1992-10-01, LaF So G | |
| 1992-10-01 | Notice of deposit of judgment issued to all parties, Beament, Green, York, Manton (Ottawa,ON) | |
| 1992-10-01 | Notice of deposit of judgment issued to all parties, Kimball & Associates (Wolfvill,NS) | |
| 1992-05-25 | General proceeding, to note correspondence from Kimball & Ass. distributed to judges with leave material for adjudication. | |
| 1992-05-25 | All materials on application for leave submitted to the Judges, LaF So G | |
| 1992-04-29 | Correspondence received from, from Kimball & Ass.; re: same issue as in Brown v. R. 22946 | Patrick Owen Swinamer |
| 1992-04-15 | Application for leave to appeal, as proof of service filed, Completed on: 1992-04-15 | |
| 1992-04-15 | Proof of service, of the leave application | |
| 1992-04-14 | Proof of service, of response | |
| 1992-04-06 | Respondent's response on the application for leave to appeal, 5 copies | Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of N.S. |
| 1992-03-25 | Correspondence received from, sent to Kimball & Assoc. (Wolfville,NS) acknowledging receipt of application for leave. Regret to advise that material is incomplete as proof of service missing. Application will not be referred until it complies with Court's requirements. | |
| 1992-03-19 | $30.00 filing fee, receipt #25181 | Patrick Owen Swinamer |
| 1992-03-16 | Application for leave to appeal, 5 copies (missing proof of service and $30.00), Incomplete | Patrick Owen Swinamer |
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 |
|---|---|---|
| Swinamer, Patrick Owen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of N.S. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General for Ontario | Intervener | Active |
Counsel
Party: Swinamer, Patrick Owen
Counsel
121 FRONT ST
DRAWER 670
WOLFVILLE, Nova Scotia
B0P 1X0
Telephone: (902) 542-5757
FAX: (902) 542-5759
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of N.S.
Counsel
400 - 5151 TERMINAL RD
PO BOX 7
HALIFAX, Nova Scotia
B3J 2L6
Telephone: (902) 424-4222
FAX: (902) 424-4556
Agent
155 Queen St
14th Fl
Ottawa, Ontario
K1P 6L1
Telephone: (613) 238-2229
FAX: (613) 238-2371
Party: Attorney General of Canada
Agent
East Memorial Bldg, Service Centre
284 Wellington St 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
Party: Attorney General for Ontario
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
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.
None.
Lower court rulings
Supreme Court of Nova Scotia, Trial Division
S.K. No. 1928
Negligence action allowed
Nova Scotia Court of Appeal
02460
Appeal allowed: trial judgment set asideand action 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
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
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