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23107

Superintendent of Brokers v. Murray Pezim, 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)
1997-09-12 Appeal closed
1995-03-14 Record returned to the Registrar of the Court of Appeal
1994-08-26 Approved order for payment out, to Walsh & Company and sent to Burke-Robertson
1994-08-22 Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver)
1994-08-22 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1994-08-22 Copy of formal judgment being prepared, Scott & Aylen (Ottawa, ON)
1994-08-22 Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON)
1994-06-24 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson
1994-06-24 Notice of deposit of judgment sent to all parties, Scott & Aylen (Ottawa, ON)
1994-06-24 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON)
1994-06-23 Judgment on the appeal rendered, CJ LaF So G McL Ia Ma, The appeals are allowed, the judgment of the British Columbia Court of Appeal is set aside and the orders of the British Columbia Securities Commission, dated December 17, 1990, are substituted therefor. The appellants shall have their costs here and in the court below. (Heard with 23113).
Allowed, no order as to costs
1994-03-07 General proceeding, transcripts received and distributed to the judges (202 pages) (JOINT WITH 23113)
1994-02-24 Hearing of the appeal, 1994-02-24, CJ LaF So G McL Ia Ma
Decision reserved
1994-02-24 Book of authorities, 10 copies (Filed AFTER the hearing of the appeal at 15:25 hours and to be distributed to the Justices) Securities Dealers Society of Ontario
1994-02-18 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1994-02-17 Intervener's factum, 24 copies (JOINT WITH 23113), with service Ontario Securities Commission
1994-02-16 Correspondence (sent by the Court) to, from Joan Minoque re: duration of argument (joint with 23113)
1994-02-14 Order on motion to extend time, to file Alberta Securities Comm. to Jan 20, 1994 nunc pro tunc
1994-02-14 Decision on motion to extend time, to file the factum of Alberta Securities Comm. to Jan 20/94, nunc pro tunc, Reg
Granted, no order as to costs
1994-02-14 Hearing of motion to extend time, 1994-02-14, to file the factum of Alberta Securities Comm. to Jan 20/94, nunc pro tunc, Reg
1994-02-14 Submission of motion to extend time, 1994-02-14, to file the factum of Alberta Securities Comm. to Jan 20/94, nunc pro tunc, Reg
1994-02-11 Response to motion to extend time, for Alberta Securities Commission to Jan. 20/94 to file their factum Superintendent of Brokers
1994-02-10 General proceeding, to note an affidavit of service not complying with the rules Superintendent of Brokers
1994-02-10 Book of authorities, JOINT 10 copies of vol. I to III (joint with 23113 ) Superintendent of Brokers
1994-02-10 Intervener's factum, 24 copies (joint with 23113) (see order of Jan. 26 1994), with service Securities Dealers Society of Ontario
1994-01-26 Order on motion for leave to intervene
1994-01-21 Affidavit, to serve and file the factum to Jan. 20/94; Glenda A. Campbell, with service Alberta Securities Commission
1994-01-21 Motion to extend time, to serve and file the factum to Jan. 20/94, with service Alberta Securities Commission
1994-01-20 Affidavit, of the intervener's factum (Pierre Ménard) (joint with 23113) Attorney General of British Columbia
1994-01-19 Intervener's factum, 24 copies (joint with 23113) (original served copy filed 21-01-94) Alberta Securities Commission
1994-01-13 Decision on the motion for leave to intervene, The motion for leave to intervene is granted. The intervener may file a factum before February 10, 1994, present oral arguments at the hearing for 15 minutes., LaF
Granted, no order as to costs
1994-01-13 Hearing of motion for leave to intervene, 1994-01-13, The motion for leave to intervene is granted. The intervener may file a factum before February 10, 1994, present oral arguments at the hearing for 15 minutes., LaF
1994-01-13 Submission of motion for leave to intervene, 1994-01-13, The motion for leave to intervene is granted. The intervener may file a factum before February 10, 1994, present oral arguments at the hearing for 15 minutes., LaF
1994-01-12 Order on motion to extend time, to file respondent's factum to Dec 15/93
1994-01-12 Decision on motion to extend time, to serve and file respondent's factum to Dec 15/93, Reg
Granted, no order as to costs
1994-01-12 Hearing of motion to extend time, 1994-01-12, to serve and file respondent's factum to Dec 15/93, Reg
1994-01-12 Submission of motion to extend time, 1994-01-12, to serve and file respondent's factum to Dec 15/93, Reg
1994-01-11 Affidavit, regarding the intervention by Securities Dealers Society (John L. Finlay) (JOINT WITH 23113), with service Superintendent of Brokers
1994-01-10 Response to motion to extend time, to file the respondents' factum (M. J. G. Walsh) (JOINT WITH 23113) Superintendent of Brokers
1994-01-10 Affidavit, to file the respondents' factum (Alan J. Lenczner) (JOINT WITH 23113) Murray Pezim
1994-01-10 Motion to extend time, to file the respondents' factum to Dec. 15, 1993 (JOINT WITH 23113) - Murray Pezim
1994-01-07 Appeal hearing scheduled, 1994-02-24
Decision reserved
1993-12-21 Intervener's factum, 24 copies (joint with 23113), with service Attorney General of British Columbia
1993-12-21 Correspondence (sent by the Court) to, from Gowling; re: they are not Ottawa agent for Ontario Securities Commission
1993-12-15 Respondent's factum, 24 copies (extension of time requested) (JOINT WITH 23113) (served on Dec. 13 to Sup. of Brokers and on Dec. 14 to B.C.Securities), with service Murray Pezim
1993-10-25 Appeal perfected for hearing, Session beginning on 1994-01-24
1993-09-28 Correspondence (sent by the Court) to, from Burke-Robertson; re: opposes the intervention of Securities Dealers Society of Ontari (I04)
1993-09-23 Decision on the motion for leave to intervene, oral argument is limited to 15 minutes costs of this application reserved to the Court hearing the appeal, with service, Co
Granted, no order as to costs
1993-09-23 Hearing of motion for leave to intervene, 1993-09-23, oral argument is limited to 15 minutes costs of this application reserved to the Court hearing the appeal, with service, Co
1993-09-23 Submission of motion for leave to intervene, 1993-09-23, oral argument is limited to 15 minutes costs of this application reserved to the Court hearing the appeal, with service, Co
1993-09-21 General proceeding, (2 copies) AUTHORITIES ON THE MOTION FOR LEAVE TO INTERVENE (joint with 23113), with service Ontario Securities Commission
1993-09-21 General proceeding, (2 copies) FACTUM ON MOTION FOR LEAVE TO INTERVENE (joint with 23113), with service Ontario Securities Commission
1993-09-15 Order on motion to dispense with printing
1993-09-15 Affidavit, (of Oron Sternhill) 2 copies (joint with 231113), with service Securities Dealers Society of Ontario
1993-09-15 Motion for leave to intervene, 2 copies (joint with 23113), with service Securities Dealers Society of Ontario
1993-08-30 Appellant's factum, 24 copies, with service Superintendent of Brokers
1993-08-27 Response to motion to dispense with printing, of the evidence and exhibits in the case on appeal (1 copy) Murray Pezim
1993-08-26 Affidavit, of Catharine Esson (1 copy), with service Superintendent of Brokers
1993-08-26 Motion to dispense with printing, of the evidence and exhibits (1 copy), with service Superintendent of Brokers
1993-08-26 Decision on motion to dispense with printing, With service, Reg
Granted, no order as to costs
1993-08-26 Hearing of motion to dispense with printing, 1993-08-26, With service, Reg
1993-08-26 Submission of motion to dispense with printing, 1993-08-26, With service, Reg
1993-08-24 Appeal court record, 1 small box (joint with 23113)
1993-08-03 Correspondence (sent by the Court) to, of Margaret A. Ross to advise the Court that the firm of Gowling, Strathy & Henderson is acting as Ottawa agent
1993-07-12 Close file on Leave
1993-07-06 Order on motion for leave to intervene
1993-06-30 Decision on the motion for leave to intervene, oral argument limited to 15 minutes in both appeals (23113), McL
Granted, no order as to costs
1993-06-30 Hearing of motion for leave to intervene, 1993-06-30, oral argument limited to 15 minutes in both appeals (23113), McL
1993-06-30 Submission of motion for leave to intervene, 1993-06-30, oral argument limited to 15 minutes in both appeals (23113), McL
1993-06-30 Certified casebook, vol. I & II (joint with 23113) Superintendent of Brokers
1993-06-30 Case on appeal, 23 copies of vol. I & II (joint with 23113) Superintendent of Brokers
1993-06-30 Proof of service, of Case on Appeal
1993-06-25 Response to the motion for leave to intervene, by Alberta Securities Commission Superintendent of Brokers
1993-06-09 Order on motion for leave to intervene
1993-06-08 Response to the motion for leave to intervene, (1 copy) by the Ontario Securities Commission Superintendent of Brokers
1993-06-07 Affidavit, of William L. Hess (1 copy), with service Alberta Securities Commission
1993-06-07 Motion for leave to intervene, (1 copy), with service Alberta Securities Commission
1993-05-31 Correspondence (sent by the Court) to, from G. A Campbell Re: application for leave to intervene by Alberta Commission (joint with 23113 FAX COPY)
1993-05-31 Affidavit, of Robert J. Wright (included in the motion book), with service Ontario Securities Commission
1993-05-31 Motion for leave to intervene, 2 copies, with service Ontario Securities Commission
1993-05-11 Decision on the motion for leave to intervene, and to make oral submission not to exceed 15 minutes., Ma
Granted, no order as to costs
1993-05-11 Hearing of motion for leave to intervene, 1993-05-11, and to make oral submission not to exceed 15 minutes., Ma
1993-05-11 Submission of motion for leave to intervene, 1993-05-11, and to make oral submission not to exceed 15 minutes., Ma
1993-05-04 Response to the motion for leave to intervene, of A.G. B.C. Superintendent of Brokers
1993-05-04 Affidavit, George H. Copley, with service Attorney General of British Columbia
1993-05-04 Motion for leave to intervene, With service Attorney General of British Columbia
1993-04-29 Correspondence (sent by the Court) to, sent to Lenczer, Slaght, Royce, Smith, Griffin (Toronto, ON) enclosing Rule 32
1993-04-29 Correspondence (sent by the Court) to, sent to Walsh & Company (Vancouver, BC) enclosing Rule 32
1993-03-31 Proof of service, of the notice of appeal
1993-03-30 $500 security deposit paid, receipt no. 2267 Superintendent of Brokers
1993-03-30 Notice of appeal, 1 copy Superintendent of Brokers
1993-03-29 Order granting leave to appeal, With service
1993-03-11 Judgment of the Court on the application for leave to appeal, CJ McL Ia, The application for leave to appeal is granted.
Granted, no order as to costs
1993-03-11 Hearing of the application for leave to appeal, 1993-03-11, CJ McL Ia
1993-03-11 All materials on application for leave submitted to the Judges, 1993-03-11, CJ McL Ia
1993-03-11 Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON)
1993-03-11 Notice of deposit of judgment issued to all parties, Lenczner, Slaght, Royce, Smnith, Griffin (Toronto, ON)
1992-11-16 Notice of change of solicitor, from McCarthy to Lenczner, with service John Ivany
1992-11-16 Notice of change of solicitor, from McCarthy to Lenczner, with service Lawrence Page
1992-11-16 Notice of change of solicitor, from McCarthy to Lenczner, with service Murray Pezim
1992-11-09 All materials on application for leave submitted to the Judges, CJ McL I
1992-11-06 Application for leave to appeal, as formal order of C/A filed, Completed on: 1992-11-06
1992-11-06 General proceeding, 5 copies of formal order of C/A Superintendent of Brokers
1992-10-15 Order on motion to extend time, to serve and file the applicant's reply, with service
1992-10-01 Decision on motion to extend time, to serve and file the applicant's reply to Oct\30\1992, Reg
Granted, no order as to costs
1992-10-01 Hearing of motion to extend time, 1992-10-01, to serve and file the applicant's reply to Oct\30\1992, Reg
1992-10-01 Submission of motion to extend time, 1992-10-01, to serve and file the applicant's reply to Oct\30\1992, Reg
1992-09-29 Applicant's reply to respondent's argument, (Respondent Ivany) 5 copies, with service Superintendent of Brokers
1992-09-29 Applicant's reply to respondent's argument, (Pezim & Page) 5 copies, with service Superintendent of Brokers
1992-09-29 Response to motion to extend time, to file the applicant's reply to Sept. 30, 1992 Murray Pezim
1992-09-29 Affidavit, to file the applicant's replies to respondents Pezim and Page and respondent Ivany to Sept. 30, 1992 (of Gregory Walsh) Superintendent of Brokers
1992-09-29 Motion to extend time, to file the applicant's replies to respondents Pezim and Page and to respondent Ivany to Sept. 30, 1992 Superintendent of Brokers
1992-09-14 Respondent's response on the application for leave to appeal, 5 copies (joint with 23113), with service John Ivany
1992-09-14 Respondent's response on the application for leave to appeal, 5 copies (joint with 23113), with service Murray Pezim
1992-08-05 General proceeding, REFER TO FILE 23113
1992-07-28 Correspondence received from, sent to Burke-Robertson (Ottawa,ON) re: acknowledging receipt of application for leave. Regret to advise that material does not comply with Court's requirements as formal order of court of appeal missing. Application for leave will not be referred until
1992-07-13 $30.00 filing fee, receipt #25740 Superintendent of Brokers
1992-07-13 Book of authorities, 5 copies Superintendent of Brokers
1992-07-13 Application for leave to appeal, 5 copies of vols. 1 to 4 (missing formal order of C.A.), with service, Incomplete Superintendent of Brokers

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
Superintendent of Brokers Applicant Active

v.

Main parties - Respondents
Name Role Status
Pezim, Murray Respondent Active
Page, Lawrence Respondent Active
Ivany, John Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of British Columbia Intervener Active
Ontario Securities Commission Intervener Active
Alberta Securities Commission Intervener Active
Securities Dealers Society of Ontario Intervener Active

Counsel

Party: Superintendent of Brokers

Counsel
Name
M J.G. Walsh, Q.C.
Contact information
Walsh & Company
1000 - 885 GEORGIA ST W
VANCOUVER, British Columbia
V6C 3E8
Telephone: (604) 687-7007
FAX: (604) 687-7384
Agent
Name
W.G. Burke-Robertson, Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Pezim, Murray

Counsel
Name
Alan J. Lenczner, Q.C.
Contact information
Lenczner Slaght Royce Smith Griffin
2300 - 130 Adelaide St.
Toronto, Ontario
M5H 3P5
Telephone: (416) 360-0023
FAX: (416) 360-1054
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: Page, Lawrence

Counsel
Name
Alan J. Lenczner, Q.C.
Contact information
Lenczner Slaght Royce Smith Griffin
2300 - 130 Adelaide St.
Toronto, Ontario
M5H 3P5
Telephone: (416) 360-0023
FAX: (416) 360-1054
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: Ivany, John

Counsel
Name
Alan J. Lenczner, Q.C.
Contact information
Lenczner Slaght Royce Smith Griffin
2300 - 130 Adelaide St.
Toronto, Ontario
M5H 3P5
Telephone: (416) 360-0023
FAX: (416) 360-1054
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: Attorney General of British Columbia

Counsel
Name
Deborah K. Lovett
Contact information
Attorney General of British Columbia
609 BROUGHTON ST
5TH FL
VICTORIA, British Columbia
V8W 1C8
Telephone: (604) 356-8877
Agent
Name
W.G. Burke-Robertson, Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Ontario Securities Commission

Counsel
Names
Sandra A. Forbes
Stephen T. Goudge
Contact information
Davies Ward Phillips & Vineberg LLP
P.O. Box 63, 44th Floor
1 First Canadian Place
Toronto, Ontario
M5X 1B1
Telephone: (416) 863-5574
FAX: (416) 863-0871
Agent
Name
James I. Minnes
Contact information
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Alberta Securities Commission

Counsel
Name
Frances L. Zinger
Contact information
Attorney General of Alberta
9833 - 109TH ST
EDMONTON, Alberta
T5K 2E8
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: Securities Dealers Society of Ontario

Counsel
Name
Bryan Finlay, Q.C.
Contact information
Weir & Foulds
1600 - 130 King Street West
P.O. Box 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 365-1110
FAX: (416) 365-1876
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

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 7, 1992
Court of Appeal for British Columbia (Vancouver)

CA013373/76/77

appeal allowed with costs

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