Case information
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23483
Victor R. Durish v. White Resource Management 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) |
|---|---|---|
| 1999-06-15 | Certificate of taxation issued to, Fleming, Kambeitz (Calgary, Alberta) | |
| 1999-06-15 | Decision on the bill of costs, taxed at $22,563.02 (amount corrected on 99-06-17 $24,323,02), Reg | |
| 1999-06-10 | Submission of the bill of costs, Reg | |
| 1999-06-10 | Correspondence received from, P.R.s. Leveque; re: bill of costs | Royal Bank of Canada |
| 1999-06-09 | Reply to the bill of costs, (Letter Form), from C.O. Llewellyn, Completed on: 1999-06-09 | Victor R. Durish |
| 1999-06-01 | Response to the bill of costs, (Letter Form), from D. Venturo, Completed on: 1999-06-01 | White Resource Management Ltd. |
| 1999-05-31 | Response to the bill of costs, (Letter Form), from P.R.S. Leveque, Completed on: 1999-05-31 | Royal Bank of Canada |
| 1999-05-26 | Bill of costs, Completed on: 1999-05-26 | Victor R. Durish |
| 1999-04-07 | Approved order for payment out, sent to Finance April 15/99 | |
| 1995-03-30 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1995-03-30 | Copy of formal judgment being prepared, McCarthy, Tétrault (Ottawa, ON) | |
| 1995-03-29 | Formal judgment sent to the registrar of the court of appeal and all parties, Alberta (Calgary) | |
| 1995-03-28 | Record returned to the Registrar of the Court of Appeal, (2 boxes) | |
| 1995-02-23 |
Judgment on the appeal rendered, LaF L'HD So G Co McL Ia, The appeal is allowed with costs and the order of non-suit is quashed. The matter is remitted to trial for determination of the outstanding issues. Allowed, with costs |
|
| 1995-02-23 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1995-02-23 | Notice of deposit of judgment sent to all parties, McCarthy, Tetrault (Ottawa, ON) | |
| 1994-10-17 | General proceeding, transcripts received and distributed to the judges (117 pages) | |
| 1994-10-06 | Book of authorities, JOINT VOL. V (given in Court) 10 copies | Victor R. Durish |
| 1994-10-06 |
Hearing of the appeal, 1994-10-06, LaF L'HD So G Co McL Ia Decision reserved |
|
| 1994-10-05 | Proof of service, of reply factum and volume 4 of joint book of authorities | |
| 1994-10-03 | Order on motion to extend time, to file their factum to Sept 23/94 | |
| 1994-10-03 | Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument | |
| 1994-10-03 | Proof of service, of the affidavit of Victor R. Durish | |
| 1994-10-03 | Proof of service, of the joint book of authorities, vol. 1 to 3 and the respondent's factum (Royal Bank of Canada) | |
| 1994-10-03 | Book of authorities, 24 copies of VOL. 4 OF JOINT BOOK OF AUTHORITIES | Victor R. Durish |
| 1994-10-03 | Reply factum on appeal, 24 copies of REPLY TO THE FACTUM OF THE RESPONDENT THE ROYAL BANK OF CANADA (see order dated Sept. 9/ 94) | Victor R. Durish |
| 1994-09-29 |
Decision on motion to extend time, to file the factum to Sept 23/94, Ia Granted, no order as to costs |
|
| 1994-09-29 | Hearing of motion to extend time, 1994-09-29, to file the factum to Sept 23/94, Ia | |
| 1994-09-29 | Submission of motion to extend time, 1994-09-29, to file the factum to Sept 23/94, Ia | |
| 1994-09-29 |
Decision on motion to strike out, portions of the respondent Royal Bank's factum, Ia Dismissed, no order as to costs |
|
| 1994-09-29 | Hearing of motion to strike out, 1994-09-29, portions of the respondent Royal Bank's factum, Ia | |
| 1994-09-29 | Submission of motion to strike out, 1994-09-29, portions of the respondent Royal Bank's factum, Ia | |
| 1994-09-29 |
Decision on the motion to file a reply factum on appeal, Ia Granted, no order as to costs |
|
| 1994-09-29 | Hearing of motion to file a reply factum on appeal, 1994-09-29, Ia | |
| 1994-09-29 | Submission of motion to file a reply factum on appeal, 1994-09-29, Ia | |
| 1994-09-28 | Affidavit, of Victor R. Durish re: affidavit in response to the motion of the respondents White Resource Management Ltd. and WRM Resources Ltd. to file a factum (2 copies), with service | Victor R. Durish |
| 1994-09-27 | Correspondence (sent by the Court) to, from McCarthy, Tetrault; re: Mr. Clive Llewelyn will appear on Oct.6/94 at 10:00 starting with motions via satellite | |
| 1994-09-27 | Proof of service, of motion to strike portions of the factum of the respondent | |
| 1994-09-27 | Book of authorities, 10 copies, vols. 1 to 3 | Victor R. Durish |
| 1994-09-22 | Affidavit, to file the Respondent's factum to Sept.23/94 (Domenic Venturo), with service | White Resource Management Ltd. |
| 1994-09-22 | Motion to extend time, to file the Respondent's factum to Sept. 23/94, with service | White Resource Management Ltd. |
| 1994-09-22 | Respondent's factum, 24 copies, with service | White Resource Management Ltd. |
| 1994-09-21 | General proceeding, to note 4 copies of the Response to the Motion to strike out portions of the factum of the Respondent, with service | Royal Bank of Canada |
| 1994-09-21 | Correspondence (sent by the Court) to, of Gowling, Strathy & Henderson dated Sept. 20/94 to advise the Court that the Royal Bank is requeating satellite transmission of the appellant 's motion to strike part of his factum, from Calgary on September 29/94 | |
| 1994-09-19 | Order on miscellaneous motion, to accept respondent's factum in its present form | |
| 1994-09-19 | Correspondence (sent by the Court) to, of Colin S. Baxter (McCarthy Tétrault) dated Sept. 19/94 re: possibility of a telephone conference | |
| 1994-09-19 | Motion to file a reply factum on appeal, 4 copies (bookform) | Victor R. Durish |
| 1994-09-19 | Motion to strike out, portions of the Respondent's Royal Bank of Canada factum 4 copies (bookform) | Victor R. Durish |
| 1994-09-15 |
Decision on miscellaneous motion, to accept respondent's factum without marginal numbering, Reg Granted, no order as to costs |
|
| 1994-09-15 | Hearing of miscellaneous motion, 1994-09-15, to accept respondent's factum without marginal numbering, Reg | |
| 1994-09-15 | Submission of miscellaneous motion, 1994-09-15, to accept respondent's factum without marginal numbering, Reg | |
| 1994-09-14 | Response to miscellaneous motion, to accept the respondent's factum in its present form | Victor R. Durish |
| 1994-09-12 | Hearing of the motion to adduce new evidence scheduled | |
| 1994-09-12 |
Appeal hearing scheduled, 1994-10-06 Decision reserved |
|
| 1994-09-02 | Order on motion to extend time, to file appellant's factum to May 30/94 | |
| 1994-09-02 | Order on miscellaneous motion, to accept factum in its present form | |
| 1994-09-02 |
Decision on motion to extend time, to file appellant's factum to May 30/94, Reg Granted, no order as to costs |
|
| 1994-09-02 | Hearing of motion to extend time, 1994-09-02, to file appellant's factum to May 30/94, Reg | |
| 1994-09-02 | Submission of motion to extend time, 1994-09-02, to file appellant's factum to May 30/94, Reg | |
| 1994-09-02 |
Decision on miscellaneous motion, to accept the appellant's factum in its present form (without marginal numbering), Reg Granted, no order as to costs |
|
| 1994-09-02 | Hearing of miscellaneous motion, 1994-09-02, to accept the appellant's factum in its present form (without marginal numbering), Reg | |
| 1994-09-02 | Submission of miscellaneous motion, 1994-09-02, to accept the appellant's factum in its present form (without marginal numbering), Reg | |
| 1994-09-02 | Affidavit, to accept the respondent's factum without lines numbered Rule 33(1)(c) (of Henry S.Brown), with service | Royal Bank of Canada |
| 1994-09-02 | Notice of miscellaneous motion, to accept the respondent's factum in its present form namely without lines numbered RULE 33(1)(c), with service | Royal Bank of Canada |
| 1994-08-31 | Affidavit, of Donna Cox (TO ACCEPT THE APPELLANT'S FACTUM IN ITS PRESENT FORM) | Victor R. Durish |
| 1994-08-31 | Notice of miscellaneous motion, (TO ACCEPT THE APPELLANT'S FACTUM IN ITS PRESENT FORM) | Victor R. Durish |
| 1994-08-31 | Affidavit, of Donna Cox to file the appellant's factum to May 30/94 | Victor R. Durish |
| 1994-08-31 | Motion to extend time, to file the appellant's factum to May 30/94 | Victor R. Durish |
| 1994-08-29 | Respondent's factum, 24 copies (extension of time and motion to accept in its present form (no left margin) requested), with service | Royal Bank of Canada |
| 1994-08-18 | Response to miscellaneous motion, of Gowling, Strathy (TO ACCEPT THE APPELLANT'S FACTUM IN ITS PRESENT FORM) | White Resource Management Ltd. |
| 1994-08-18 | Response to motion to extend time, to file the appellant's factum to May 30/94 (Gowling, Strathy) | White Resource Management Ltd. |
| 1994-08-09 | Appeal perfected for hearing, Session beginning on 1994-10-03 | |
| 1994-08-03 |
Decision on miscellaneous motion, to file a supplemental factum provided that the appellant obtains an order permitting the late filing of his factum filed on May 30/94, G Granted, no order as to costs |
|
| 1994-08-03 | Hearing of miscellaneous motion, 1994-08-03, to file a supplemental factum provided that the appellant obtains an order permitting the late filing of his factum filed on May 30/94, G | |
| 1994-08-03 | Submission of miscellaneous motion, 1994-08-03, to file a supplemental factum provided that the appellant obtains an order permitting the late filing of his factum filed on May 30/94, G | |
| 1994-07-27 | Affidavit, to file a Supplemental Factum (of Donna Cox) | Victor R. Durish |
| 1994-07-27 | Notice of miscellaneous motion, to file a Supplemental Factum | Victor R. Durish |
| 1994-07-06 | Supplemental factum, 24 copies (motion granted on August 3/94) | Victor R. Durish |
| 1994-05-30 | Appellant's factum, 23copies (extension of time requested and a motion to accept in its present form (no left margin) requested - Donna advised on May 31, 1994), with service | Victor R. Durish |
| 1994-03-07 | Certified casebook, vol. I to V | Victor R. Durish |
| 1994-03-07 | Appeal court record, 2 boxes (joint with Trial exhibits & Trial record) | |
| 1994-03-07 | Trial court exhibits, 2 boxes (joint with Trial & C/A record) | |
| 1994-03-07 | Trial court record, 2 boxes (joint with Trial exhibits and C/A record) | |
| 1994-02-15 | Case on appeal, 23 copies of vols. 1 to 5, with service | Victor R. Durish |
| 1993-12-07 | Hearing of the motion to adduce new evidence removed | |
| 1993-11-29 | Proof of service, of Notice of Deposit of Security | |
| 1993-11-29 | Proof of service, of revised Notice of appeal | |
| 1993-11-23 | Notice of deposit of security, under direction #2285, with service | |
| 1993-11-23 | Proof of service, of the Notice of Appeal admitted on Nov. 12/93 | |
| 1993-11-15 | Correspondence (sent by the Court) to, sent to Milner Fenerty (Calgary, AB) enclosing copy of Rule 32 | |
| 1993-11-15 | Correspondence (sent by the Court) to, sent to Fleming Kambeitz (Calgary, AB) enclosing copy of Rule 32 | |
| 1993-11-15 | Correspondence (sent by the Court) to, sent to Bennett Jones Verchere (Calgary, AB) enclosing copy of Rule 32 | |
| 1993-11-12 | $500 security deposit paid, direction #2285 | Victor R. Durish |
| 1993-11-12 | Notice of appeal, (Revised Notice of Appeal filed on Nov. 23/93 with service) | Victor R. Durish |
| 1993-11-12 | Order on motion to adduce new evidence | |
| 1993-11-12 | Order granting leave to appeal | |
| 1993-11-08 | Correspondence (sent by the Court) to, of Clive O. Llewellyn to be advise as to the outcome of his application to enter new evidence | |
| 1993-10-28 |
Decision on motion to adduce new evidence, LaF Co Ia Granted, no order as to costs |
|
| 1993-10-28 | Hearing of the motion to adduce new evidence, 1993-10-28, LaF Co Ia | |
| 1993-10-28 | Submission of motion to adduce new evidence, 1993-10-28, LaF Co Ia | |
| 1993-10-14 |
Judgment of the Court on the application for leave to appeal, LaF Co Ia, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1993-10-14 | Hearing of the application for leave to appeal, 1993-10-14, LaF Co Ia | |
| 1993-10-14 | All materials on application for leave submitted to the Judges, 1993-10-14, LaF Co Ia | |
| 1993-10-14 | Notice of deposit of judgment issued to all parties, Fleming Kambeitz (Calgary, AB) | |
| 1993-10-14 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1993-10-14 | Notice of deposit of judgment issued to all parties, Milner Fenerty (Calgary, AB) | |
| 1993-06-24 | Proof of service, of response to the new evidence motion | |
| 1993-06-22 | Respondent's argument on the motion to adduce new evidence, 10 copies sent to LaF Co I, June 24/93 | Royal Bank of Canada |
| 1993-06-14 | Proof of service, of Carolyn Dean for the motion book | |
| 1993-06-04 | Correspondence received from, the applicant consents to having the panel hearing the leave application dealing with this application to enter further evidence; ALSO, APPLICANT WISHES TO HAVE THIS APPLICATION PERFORMED BY SATELLITE | |
| 1993-06-04 | Motion to adduce new evidence, 10 copies of vol. 1 and 2 | Victor R. Durish |
| 1993-05-26 | Proof of service, of the applicant's reply | |
| 1993-05-13 | Order on motion to extend the time to file and/or serve the leave application, With service | |
| 1993-05-10 | All materials on application for leave submitted to the Judges, LaF Co I | |
| 1993-05-05 | Applicant's reply to respondent's argument, 5 copies | Victor R. Durish |
| 1993-05-03 | Correspondence received from, of Domenic Venturo (Milner Fenerty) to advise the Court that he will NOT file a response and that he adopts the posision taken by the Royal Bank of Canada | White Resource Management Ltd. |
| 1993-04-29 | Correspondence received from, (by fax) from Milner, Fenerty; re: will not be filing a response, however, adopts the position by Royal Bank of Canada | White Resource Management Ltd. |
| 1993-04-28 | Respondent's response on the application for leave to appeal, 5 copies | Royal Bank of Canada |
| 1993-04-20 | Proof of service, of application for leave to appeal | |
| 1993-04-15 | Correspondence received from, sent to Fleming Kambeitz (Calgary, AB) enclosing receipt for $30.00 filing fee. | |
| 1993-04-07 | Proof of service, of Affidavit of Victor r. Durish | |
| 1993-04-07 |
Decision on motion to extend time to file and /or serve the leave application, to April 14, 1993. The respondent will take no proceedings with respect to the award of costs at trial and the Court of Appeal pending the disposition of the application for leave to appeal, Ia Granted, no order as to costs |
|
| 1993-04-07 | Hearing of motion to extend time to file and/ or serve the leave application, 1993-04-07, to April 14, 1993. The respondent will take no proceedings with respect to the award of costs at trial and the Court of Appeal pending the disposition of the application for leave to appeal, Ia | |
| 1993-04-07 | Submission of motion to extend time to file and/ or serve the leave application, 1993-04-07, to April 14, 1993. The respondent will take no proceedings with respect to the award of costs at trial and the Court of Appeal pending the disposition of the application for leave to appeal, Ia | |
| 1993-04-07 | Book of authorities, 5 copies | Victor R. Durish |
| 1993-04-07 | Application for leave to appeal, 5 copies of vol. 1 and 2, Completed on: 1993-04-07 | Victor R. Durish |
| 1993-04-06 | General proceeding, to note 2 copies of Response of respondent...on motion to extend time | Royal Bank of Canada |
| 1993-04-06 | Affidavit, (of Victor R. Durish sworn April 5, 1993) 2 copies | Victor R. Durish |
| 1993-04-05 | Correspondence received from, of Gowling Strathy & Henderson to advise the Court that J.D. Bruce McDonald will use the satellite facilities as well on April 7, 1993 | Royal Bank of Canada |
| 1993-03-29 | $30.00 filing fee, #26833 | Victor R. Durish |
| 1993-03-29 | Affidavit, of Ian G. Wild in opposition to the extension of time; 3 copies | Royal Bank of Canada |
| 1993-03-26 | Affidavit, 2 copies (of Victor R. Durish), with service | Victor R. Durish |
| 1993-03-26 | Motion to extend the time to file and or serve the application for leave to appeal, 2 copies, with service | Victor R. Durish |
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 |
|---|---|---|
| Durish, Victor R. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| White Resource Management Ltd. | Respondent | Active |
| Royal Bank of Canada | Respondent | Active |
| WRM Resources Ltd. | Respondent | Active |
Counsel
Party: Durish, Victor R.
Counsel
1500 - 736, 6TH AVE SW
CALGARY, Alberta
T2P 3T7
Telephone: (403) 266-5550
FAX: (403) 265-6910
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386
Party: White Resource Management Ltd.
Counsel
237 - 4TH AVE SW
30TH FL
CALGARY, Alberta
T2P 4X7
Telephone: (403) 268-7000
FAX: (403) 268-3100
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Royal Bank of Canada
Counsel
J. D. Bruce McDonald
4500 Bankers Hall East
855 - 2nd St South West
Calgary, Alberta
T2P 4K7
Telephone: (403) 298-3100
FAX: (403) 265-7219
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: WRM Resources Ltd.
Counsel
237 - 4TH AVE SW
30TH FL
CALGARY, Alberta
T2P 4X7
Telephone: (403) 268-7000
FAX: (403) 268-3100
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
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
Court of Queen’s Bench of Alberta
8201-12018
Applicant's counterclaim to Respondent White's action dismissed
Court of Appeal of Alberta (Calgary)
12295
x
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
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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.
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