Case information
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23057
Gunter Schmidt, in his personal capacity & on behalf of the beneficiaries of the Stearns Catalytic v. Air Products Canada Ltd., 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) |
|---|---|---|
| 1997-09-11 | Appeal closed | |
| 1994-07-21 | Formal judgment sent to the registrar of the court of appeal and all parties, Alberta (Calgary) | |
| 1994-07-21 | Copy of formal judgment being prepared, Scott & Aylen (Ottawa, ON) | |
| 1994-07-21 | Copy of formal judgment being prepared, Blake, Cassels & Graydon (Ottawa, ON) | |
| 1994-06-13 | Notice of deposit of judgment sent to all parties, Scott & Aylen (Ottawa, ON) | |
| 1994-06-13 | Notice of deposit of judgment sent to all parties, Blake, Cassels & Graydon (Ottawa, ON) | |
| 1994-06-09 |
Judgment on the appeal rendered, (cross-appeal), LaF L'HD So G Co McL Ia, The cross-appeal is dismissed. Dismissed, no order as to costs |
|
| 1993-12-14 | General proceeding, TRANSCRIPTS RECEIVED AND DISTRIBUTED TO THE JUDGES (148 pages) (JOINT WITH 23047) | |
| 1993-12-01 | General proceeding, to note 10 copies of Supplementary material.. given in Court | Gunter Schmidt, in his personal capacity & on behalf of the beneficiaries of the Stearns Catalytic |
| 1993-12-01 | General proceeding, to note 10 copies of a C/A of B.C. decision in "Litwin Construction (1973) Ltd...." given in Court | Gunter Schmidt, in his personal capacity & on behalf of the beneficiaries of the Stearns Catalytic |
| 1993-12-01 |
Hearing of the appeal, 1993-12-01, LaF L'HD So G Co McL Ia Decision reserved |
|
| 1993-12-01 | General proceeding, to note 10 copies of Alberta Regulation 315/73 and 446/66 given in Court | Gunter Schmidt, in his personal capacity & on behalf of the beneficiaries of the Stearns Catalytic |
| 1993-11-30 | Correspondence (sent by the Court) to, from Borden, Elliott re: duration of argument (joint with 23047) | |
| 1993-11-23 | Correspondence (sent by the Court) to, from Aleck H. Trawick re: Aleck H. Trawick and Leslie O'Donoghue will be appearing at the hearing of the appeal (fax copy) (joint with 23047) | |
| 1993-09-24 |
Appeal hearing scheduled, 1993-12-01 Decision reserved |
|
| 1993-08-20 | Respondent's factum, on the cross-appeal (24 copies) (see order of Gonthier dated 1993/02/19) (extension of time requested), with service | Air Products Canada Ltd. |
| 1993-08-05 | Appeal perfected for hearing, Session beginning on 1993-10-04 | |
| 1993-06-25 | Certified casebook, vol. 1 to 4 (joint with 23047) | Gunter Schmidt, in his personal capacity & on behalf of the beneficiaries of the Stearns Catalytic |
| 1993-06-10 | Appellant's factum, 24 copies, with service | Gunter Schmidt, in his personal capacity & on behalf of the beneficiaries of the Stearns Catalytic |
| 1993-04-26 | Correspondence (sent by the Court) to, sent to Borden & Elliot (Toronto, ON) re: Rule 32 enclosed | |
| 1993-04-26 | Correspondence (sent by the Court) to, sent to Blake, Cassels & Graydon (Calgary, AB) re: Rule 32 enclosed | |
| 1993-04-13 | Proof of service, of the Case on Appeal vol. I to IV (joint with 23047) | |
| 1993-04-08 | Order on motion to directions, same order as in 23047., with service | |
| 1993-04-08 | Case on appeal, 23 copies of vol. I to IV (joint with 23047) | Gunter Schmidt, in his personal capacity & on behalf of the beneficiaries of the Stearns Catalytic |
| 1993-03-12 |
Decision on motion for directions, that the time allowable to hear the appeal and the cross-appeal be a full day. (this was originaly requested in paragraph 6 of the motion heard on February 19, 1993.), Reg Granted, no order as to costs |
|
| 1993-03-12 | Hearing of motion for directions, 1993-03-12, that the time allowable to hear the appeal and the cross-appeal be a full day. (this was originaly requested in paragraph 6 of the motion heard on February 19, 1993.), Reg | |
| 1993-03-12 | Submission of motion for directions, 1993-03-12, that the time allowable to hear the appeal and the cross-appeal be a full day. (this was originaly requested in paragraph 6 of the motion heard on February 19, 1993.), Reg | |
| 1993-03-04 | Correspondence (sent by the Court) to, sent to Borden & Elliot (Toronto, ON) re: arrangements have been made to accommodate counsel who wish to participate by way of telephone conference. | |
| 1993-03-03 | Correspondence (sent by the Court) to, (original) from Borden & Elliot; re: motion on March 12/93 at 10:00 - one party intends to participate via telephone conference | |
| 1993-02-26 | Correspondence (sent by the Court) to, from Borden & Elliot; re: motion on March 12/93 at 10:00 with Registrar | |
| 1993-02-19 |
Decision on motion for directions, G, 1) The appeal shall be heard together with the appeal in the Supreme Court of Canada court file# 23047; 2. the appeal in court file # 23047 shall be heard by way of cross-appeal. 3 the stle of cause for the appeal and cross-appeal shall be set out as in schedule "A" of this Notice of motion. 4 A single case on appeal book shall be filed in respect of the appeal and cross-appeal. 5 the notices of appeal shall be deemed to have been served and filed on January the 8, 1993 and all time periods under the Supreme Court Act shall follow accordingly. Granted, no order as to costs |
|
| 1993-02-19 | Hearing of motion for directions, 1993-02-19, G | |
| 1993-02-19 | Submission of motion for directions, 1993-02-19, G | |
| 1993-02-18 | Response to motion for directions, (letter form) by Blake Cassels., with service | Air Products Canada Ltd. |
| 1993-02-18 | Response to motion for directions, (letter form), with service | Gunter Schmidt, in his personal capacity & on behalf of the beneficiaries of the Stearns Catalytic |
| 1993-02-10 | Affidavit, of Anne Corbett. (in motion book), with service | Air Products Canada Ltd. |
| 1993-02-10 | Motion for directions, 1. That this appeal shall be heard with 23047; 2. That the appeal in 23057 shall be heard by way of cross-appeal; 3. That the style of cause for the appeal and cross-appeal be as set out in schedule "A" in this motion. 4. A single Case on appeal shall be | Air Products Canada Ltd. |
| 1993-01-19 | Notice of deposit of security, With service | |
| 1993-01-12 | Close file on Leave | |
| 1993-01-12 | $500 security deposit paid, direction #2253 | Gunter Schmidt, in his personal capacity & on behalf of the beneficiaries of the Stearns Catalytic |
| 1993-01-08 | Proof of service, 1 copy of Notice of Appeal, with service | |
| 1992-12-18 | Notice of appeal | Gunter Schmidt, in his personal capacity & on behalf of the beneficiaries of the Stearns Catalytic |
| 1992-12-10 | Notice of deposit of judgment issued to all parties, Blake, Cassels & Graydon (Ottawa,ON) | |
| 1992-12-10 | Notice of deposit of judgment issued to all parties, Borden & Elliot (Toronto,ON) | |
| 1992-12-10 | Notice of deposit of judgment issued to all parties, MacKimmie, Matthews (Calgary,AB) | |
| 1992-12-10 |
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 |
|
| 1992-12-10 | Hearing of the application for leave to appeal, 1992-12-10, LaF So G | |
| 1992-12-10 | All materials on application for leave submitted to the Judges, 1992-12-10, LaF So G | |
| 1992-10-22 | Service, copy of the applicant's reply admitted on September 1, 1992 | |
| 1992-09-01 | General proceeding, (To Note) memorandum from Claude E. Alain Re: applicants' reply to the leave application sent up to Justices LaF So G. | |
| 1992-08-31 | Applicant's reply to respondent's argument, 5 copies | Gunter Schmidt, in his personal capacity & on behalf of the beneficiaries of the Stearns Catalytic |
| 1992-08-25 | General proceeding, To Note C/A formal order filed on behalf of Gunter Schmidt and Correspondence of Heather M. Caswell sent up to Justices LaF, So, G. | |
| 1992-08-23 | All materials on application for leave submitted to the Judges, LaF So G | |
| 1992-07-08 | Proof of service, 1 served copy of response, with service | |
| 1992-06-29 | Respondent's response on the application for leave to appeal, 5 copies, with service | Air Products Canada Ltd. |
| 1992-06-18 | Application for leave to appeal, as service and C/A order filed, Completed on: 1992-06-18 | |
| 1992-06-18 | General proceeding, to note 5 copies of C/A formal order | Gunter Schmidt, in his personal capacity & on behalf of the beneficiaries of the Stearns Catalytic |
| 1992-06-18 | Affidavit, of service of the application for leave on the respondents on Monday, June 8, 1992 | Gunter Schmidt, in his personal capacity & on behalf of the beneficiaries of the Stearns Catalytic |
| 1992-06-18 | Correspondence received from, of Heather M. Caswell re this application to be sent with 23047 (Air Products v. Schmidt) | Gunter Schmidt, in his personal capacity & on behalf of the beneficiaries of the Stearns Catalytic |
| 1992-06-17 | Correspondence received from, sent to Blake, Cassels & Graydon (Ottawa,ON) acknowledging receipt of application for leave. Regret to advise that material is incomplete as proof of service and formal order of Court of Appeal missing. Application will not be referred until it complies | |
| 1992-06-08 | $30.00 filing fee, #25535 | Gunter Schmidt, in his personal capacity & on behalf of the beneficiaries of the Stearns Catalytic |
| 1992-06-08 | Application for leave to appeal, 5 copies (proof of service and Registrar's signature of C/A formal order) (to be sent with 23047), Incomplete | Gunter Schmidt, in his personal capacity & on behalf of the beneficiaries of the Stearns Catalytic |
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 |
|---|---|---|
| Schmidt, in his personal capacity & on behalf of the beneficiaries of the Stearns Catalytic, Gunter | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Air Products Canada Ltd. | Respondent | Active |
| William M. Mercer Limited | Respondent | Active |
| Confederation Life Insurance Company | Respondent | Active |
| Westley, T.J. | Respondent | Active |
Counsel
Party: Schmidt, in his personal capacity & on behalf of the beneficiaries of the Stearns Catalytic, Gunter
Counsel
3500 BANKERS HALL EAST
855 - 2ND ST SW
CALGARY, Alberta
T2P 4J8
Telephone: (403) 260-9600
Agent
45 O'Connor St
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2200
Party: Air Products Canada Ltd.
Counsel
SCOTIA PLAZA
40 KING ST W
TORONTO, Ontario
M5H 3Y4
Telephone: (416) 367-6000
FAX: (416) 367-6749
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: William M. Mercer Limited
Counsel
SCOTIA PLAZA
40 KING ST W
TORONTO, Ontario
M5H 3Y4
Telephone: (416) 367-6000
FAX: (416) 367-6749
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Confederation Life Insurance Company
Counsel
SCOTIA PLAZA
40 KING ST W
TORONTO, Ontario
M5H 3Y4
Telephone: (416) 367-6000
FAX: (416) 367-6749
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Westley, T.J.
Counsel
SCOTIA PLAZA
40 KING ST W
TORONTO, Ontario
M5H 3Y4
Telephone: (416) 367-6000
FAX: (416) 367-6749
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
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 Queen’s Bench of Alberta
8801-02742
See file
Court of Appeal of Alberta (Calgary)
12361
Appeal and cross-appeal 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
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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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