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23273

Peat Marwick Thorne Inc., Trustee of the Estate of Arden Anthony Marzetti, a Bankrupt v. Director of Maintenance Enforcement, et al.

(Alberta) (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)
1997-08-07 Appeal closed
1995-03-22 Record returned to the Registrar of the Court of Appeal
1994-08-22 Formal judgment sent to the registrar of the court of appeal and all parties, Alberta (Edmonton)
1994-08-22 Copy of formal judgment being prepared, A.G. of Canada (Ottawa, ON)
1994-08-22 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1994-07-18 Notice of deposit of judgment sent to all parties, A.G. of Canada (Ottawa)
1994-07-18 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson
1994-07-14 Judgment on the appeal rendered, LaF L'HD So G Co McL Ia, The appeal is dismissed. By agreement among the parties, there will be no order as to costs.
Dismissed, no order as to costs
1994-02-17 General proceeding, transcripts received and distributed to the judges (133 pages)
1994-02-03 Hearing of the appeal, 1994-02-03, LaF L'HD So G Co McL Ia
Decision reserved
1994-01-27 Proof of service, of Notice of Hearing
1994-01-27 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1994-01-10 Notice of hearing, (1 copy) Peat Marwick Thorne Inc., Trustee of the Estate of Arden Anthony Marzetti, a Bankrupt
1994-01-07 Appeal hearing scheduled, 1994-02-03
Decision reserved
1993-12-31 Book of authorities, JOINT 11 copies Peat Marwick Thorne Inc., Trustee of the Estate of Arden Anthony Marzetti, a Bankrupt
1993-10-29 Intervener's factum, 24 copies, with service Superintendent of Bankruptcy
1993-10-15 Respondent's factum, 24 copies, with service Attorney General of Canada
1993-09-29 Appeal perfected for hearing, Session beginning on 1994-01-24
1993-09-28 Respondent's factum, 25 copies, with service Director of Maintenance Enforcement
1993-08-25 Payment out cheque issued, Cheque #2202-09070021 dated July 15/1993 in the amount of $505.58 sent to Cruickshank.
1993-08-24 Appellant's factum, 24 copies, with service Peat Marwick Thorne Inc., Trustee of the Estate of Arden Anthony Marzetti, a Bankrupt
1993-07-27 Order on motion to extend time, for leave to intervene
1993-07-27 Order on motion for leave to intervene
1993-07-13 Decision on the motion for leave to intervene, oral argument is limited to 15 minutes, Ia
Granted, no order as to costs
1993-07-13 Hearing of motion for leave to intervene, 1993-07-13, oral argument is limited to 15 minutes, Ia
1993-07-13 Submission of motion for leave to intervene, 1993-07-13, oral argument is limited to 15 minutes, Ia
1993-07-13 Decision on motion to extend time, for leave to intervene, Ia
Granted, no order as to costs
1993-07-13 Hearing of motion to extend time, 1993-07-13, for leave to intervene, Ia
1993-07-13 Submission of motion to extend time, 1993-07-13, for leave to intervene, Ia
1993-07-12 Close file on Leave
1993-07-07 Response to the motion for leave to intervene, of the Superintendent of Bankruptcy Attorney General of Canada
1993-07-07 Response to the motion for leave to intervene, of the Superintendent of Bankruptcy Director of Maintenance Enforcement
1993-07-07 Response to the motion for leave to intervene, of the Superintendent of Bankruptcy Peat Marwick Thorne Inc., Trustee of the Estate of Arden Anthony Marzetti, a Bankrupt
1993-07-07 Affidavit, John Procter Superintendent of Bankruptcy
1993-07-07 Motion for leave to intervene Superintendent of Bankruptcy
1993-07-07 Response to motion to extend time, for leave to intervene of Superintendent of Bankruptcy Attorney General of Canada
1993-07-07 Response to motion to extend time, for leave to intervene of Superintendent of Bankruptcy Director of Maintenance Enforcement
1993-07-07 Response to motion to extend time, for leave to intervene of Superintendent of Bankruptcy Peat Marwick Thorne Inc., Trustee of the Estate of Arden Anthony Marzetti, a Bankrupt
1993-07-07 Affidavit, for leave to intervene; John Procter Superintendent of Bankruptcy
1993-07-07 Motion to extend time, for leave to intervene Superintendent of Bankruptcy
1993-07-05 Approved order for payment out, Upon the application of Peat Marwick Thorne Inc., Trustee of the Estate of Arden Anthony Marzetti; And Upon being advised that each party has agreed to bear their own costs; And Upon noting the consent of each party to this appeal; IT IS HEREBY ORDERED AN
1993-06-29 Appeal court record, 1 box (joint with Trial record)
1993-06-29 Trial court record, 1 box (joint with C/A record)
1993-06-25 General proceeding, consent to user the same agent as the Respondent Peat Marwick Thorne Inc., Trustee of the Estate of Arden Anthony Marzetti, a Bankrupt
1993-06-22 Certified casebook, (service admitted on May 31, 1993), with service Peat Marwick Thorne Inc., Trustee of the Estate of Arden Anthony Marzetti, a Bankrupt
1993-05-27 Case on appeal, 23 copies Peat Marwick Thorne Inc., Trustee of the Estate of Arden Anthony Marzetti, a Bankrupt
1993-04-29 Correspondence (sent by the Court) to, sent to Department of Justice (Edmonton, AB) enclosing Rule 32
1993-04-29 Correspondence (sent by the Court) to, sent to Department of the Attorney General (Edmonton, AB) enclosing Rule 32
1993-04-29 Correspondence (sent by the Court) to, sent to Cruickshank, Karvellas (Edmonton, AB) enclosing Rule 32
1993-04-26 General proceeding, CONSENT TO USE SAME AGENT (Gowling) Peat Marwick Thorne Inc., Trustee of the Estate of Arden Anthony Marzetti, a Bankrupt
1993-04-21 Proof of service, of Notice of Appeal; Notice of deposit of Security; Notice of change of solicitors
1993-04-08 Order granting leave to appeal, With service
1993-04-05 Notice of deposit of security, With service
1993-03-31 $500 security deposit paid, direction #2269 Peat Marwick Thorne Inc., Trustee of the Estate of Arden Anthony Marzetti, a Bankrupt
1993-03-31 Notice of appeal Peat Marwick Thorne Inc., Trustee of the Estate of Arden Anthony Marzetti, a Bankrupt
1993-03-31 Notice of change of solicitor Peat Marwick Thorne Inc., Trustee of the Estate of Arden Anthony Marzetti, a Bankrupt
1993-03-11 Judgment of the Court on the application for leave to appeal, L'HD So G, 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, L'HD So G
1993-03-11 All materials on application for leave submitted to the Judges, 1993-03-11, L'HD So G
1993-03-11 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1993-03-11 Notice of deposit of judgment issued to all parties, The Deputy Attorney General of Canada (Ottawa, ON)
1993-01-18 All materials on application for leave submitted to the Judges, L'HD So G
1992-11-30 Applicant's reply to respondent's argument, 5 copies Peat Marwick Thorne Inc., Trustee of the Estate of Arden Anthony Marzetti, a Bankrupt
1992-11-23 Respondent's response on the application for leave to appeal, 5 copies Attorney General of Canada
1992-11-19 Respondent's response on the application for leave to appeal, 5 copies Director of Maintenance Enforcement
1992-11-17 Application for leave to appeal, as proof of service filed, Completed on: 1992-11-17
1992-11-17 Proof of service, of the application for leave admitted on November 3, 1992
1992-11-10 Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa,ON) Re: acknowledging receipt of application for leave to appeal. Regret to advise that material does not comply with Court's requirements as Proof of Service missing. Leave will not be referred until materia
1992-10-30 Court of Appeal casebooks and transcripts of evidence, 3 copies of vol. 1 only
1992-10-30 $30.00 filing fee, #26108 Peat Marwick Thorne Inc., Trustee of the Estate of Arden Anthony Marzetti, a Bankrupt
1992-10-30 Application for leave to appeal, 5 copies (service missing), Incomplete Peat Marwick Thorne Inc., Trustee of the Estate of Arden Anthony Marzetti, a Bankrupt

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
Peat Marwick Thorne Inc., Trustee of the Estate of Arden Anthony Marzetti, a Bankrupt Applicant Active

v.

Main parties - Respondents
Name Role Status
Director of Maintenance Enforcement Respondent Active
Attorney General of Canada Respondent Active
Attorney General of Alberta Respondent Active
Superintendent of Bankruptcy Respondent Active

Other parties

Other parties
Name Role Status
Superintendent of Bankruptcy Intervener Active

Counsel

Party: Peat Marwick Thorne Inc., Trustee of the Estate of Arden Anthony Marzetti, a Bankrupt

Counsel
Name
Michael J. McCabe
Contact information
Cruickshank Karvellas
3400 - 10180, 101 ST NW
Edmonton, Alberta
T5J 4W9
Telephone: (403) 428-3800
FAX: (403) 424-1311
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Superintendent of Bankruptcy

Counsel
Name
Rick T.G. Reeson
Contact information
Barr, Wensel, Nesbitt & Reeson
1200 METROPOLITAN PLACE
10303 JASPER AVE
EDMONTON, Alberta
T5J 3N6
Telephone: (403) 421-9900
FAX: (403) 421-4151
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Director of Maintenance Enforcement

Counsel
Name
Jeannette Fedorak
Contact information
Attorney General of Alberta
9833 - 109TH ST NW
EDMONTON, Alberta
T5K 2E8
Telephone: (403) 498-3311
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & 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 Canada

Counsel
Names
Robert K. Moen
Ingrid C. Hutton, Q.C.
Contact information
Attorney General of Canada
928 ROYAL TRUST TOWER
EDMONTON, Alberta
T5J 2Z2
Telephone: (403) 495-2279
Agent
Name
Deborah McNair
Contact information
Attorney General of Canada, Department of Justice Canada
East Memorial Bldg, Service Centre
284 Wellington St 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763

Party: Attorney General of Alberta

Counsel
Name
Margaret Unsworth
Contact information
Attorney General of Alberta
9833 - 109th St NW
4th Fl
Edmonton, Alberta
T5K 2E8
Telephone: (780) 427-0072
FAX: (780) 425-0307
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & 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

August 16, 1991
Court of Queen’s Bench of Alberta

4803 61498

Appeal allowed

August 11, 1992
Court of Appeal of Alberta (Edmonton)

9103-0562-AC

appeal dismissed, each party will pay its own cost.

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

Not available

Webcasts

Not available.

Date modified: 2025-05-13