Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
24725
Jon Athey, et al. v. Ferdinando Leonati, 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.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1997-07-24 | Appeal closed | |
| 1997-01-31 | Record returned to the Registrar of the Court of Appeal, (1 env. 2 folders) | |
| 1996-12-09 | Copy of formal judgment being prepared, Osler, Hoskin & Harcourt | |
| 1996-12-09 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson | |
| 1996-12-05 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1996-11-26 | Approved order for payment out, sent to finance Nov 28/96 | |
| 1996-11-01 | Notice of deposit of judgment sent to all parties, Osler, Hoskin & Harcourt | |
| 1996-11-01 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson | |
| 1996-10-31 |
Judgment on the appeal rendered, CJ LaF So Co McL Ia Ma, The appeal is allowed. Judgment is entered for the appellant for the full global amount of $221,516.78. plus interest and costs throughout. Allowed, no order as to costs |
|
| 1996-06-25 | General proceeding, transcripts received and distributed to the judges (91 pages) | |
| 1996-06-12 |
Hearing of the appeal, 1996-06-12, CJ LaF So Co McL Ia Ma Decision reserved |
|
| 1996-06-04 | Correspondence (sent by the Court) to, from Gowling re: duration of argument | |
| 1996-05-10 | Book of authorities, 10 copies, with service, Completed on: 1996-05-10 | Ferdinando Leonati |
| 1996-05-10 | Respondent's factum, 24 copies, with service, Completed on: 1996-05-10 | Ferdinando Leonati |
| 1996-04-29 | Notice of hearing, With service | Jon Athey |
| 1996-04-25 | Book of authorities, 10 copies of vol. I & II, Completed on: 1996-04-25 | Jon Athey |
| 1996-04-25 |
Appeal hearing scheduled, 1996-06-12 Decision reserved |
|
| 1996-04-19 | Appeal perfected for hearing, Session beginning on 1996-04-22 | |
| 1996-04-11 | Correspondence (sent by the Court) to, sent to Thomas R. Berger, Q.C. (Vancouver, BC) a copy of the notice to the profession dealing with books of authorities c.c. Gowling | |
| 1996-03-18 | Appellant's factum, 24 COPIES, with service, Completed on: 1996-03-18 | Jon Athey |
| 1996-03-07 | Certified casebook, vol. 1 to 4 | Jon Athey |
| 1996-02-21 | Appeal court record, (accordeon) | |
| 1996-02-09 | Appeal court record, (accordeon) | |
| 1996-01-12 | Case on appeal, 23 copies of vols. 1 to 4 | Jon Athey |
| 1995-12-15 | General proceeding, 1 copy of notice of change of Agent for the Respondents | Ferdinando Leonati |
| 1995-12-15 | Notice of change of counsel, (solicitors for the respondents are Ladner, Downs), with service | Ferdinando Leonati |
| 1995-11-24 | Notice of deposit of security, (1 copy), with service | |
| 1995-11-23 | $10.00 fee for depositing security, receipt #31105 | Jon Athey |
| 1995-11-23 | $500 security deposit paid, receipt no. 2358 | Jon Athey |
| 1995-11-22 | Correspondence (sent by the Court) to, sent to Edwards, Kenny & Bray (Vancouver, BC) enclosing copy of Rule 32 c.c. Gowling, Strathy & Henderson | |
| 1995-11-22 | Correspondence (sent by the Court) to, sent to Connell Lightbody (Vancouver, BC) enclosing copy of Rule 32 c.c. Scott & Aylen | |
| 1995-11-21 | Order granting leave to appeal | |
| 1995-11-20 | Notice of appeal, (1 copy), with service | Jon Athey |
| 1995-11-09 |
Judgment of the Court on the application for leave to appeal, L'HD So McL, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1995-11-09 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1995-11-09 | Notice of deposit of judgment issued to all parties, Scott & Aylen (Ottawa, ON) | |
| 1995-07-14 | All materials on application for leave submitted to the Judges, L'HD So McL | |
| 1995-06-29 | Order on motion to extend time, to file the reply to June 22/95 | |
| 1995-06-29 |
Decision on motion to extend time, to file the reply to June 22/95, Reg Granted, no order as to costs |
|
| 1995-06-29 | Hearing of motion to extend time, 1995-06-29, to file the reply to June 22/95, Reg | |
| 1995-06-29 | Submission of motion to extend time, 1995-06-29, to file the reply to June 22/95, Reg | |
| 1995-06-27 | Response to motion to extend time, to file the applicant's reply (letterform) | Ferdinando Leonati |
| 1995-06-27 | Affidavit, to file the applicant's reply to June 22/95 (of Eduard J. Van Bemmel), with service | Jon Athey |
| 1995-06-27 | $50.00 filing fee for a notice of motion, to extend time receipt #30369 | Jon Athey |
| 1995-06-27 | Motion to extend time, to file the applicant's reply to June 22/95, with service | Jon Athey |
| 1995-06-23 | General proceeding, formal C.A. order | Jon Athey |
| 1995-06-23 | Proof of service, 1 copy of applicant's reply, with service | |
| 1995-06-22 | Applicant's reply to respondent's argument, 5 copies (extension of time requested) | Jon Athey |
| 1995-06-08 | Respondent's response on the application for leave to appeal, 5 copies, with service | Ferdinando Leonati |
| 1995-05-25 | Proof of service, of leave application | |
| 1995-05-19 | General proceeding, Order on Re-hearing at the B.C.C.A. | Jon Athey |
| 1995-05-17 | Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) to acknowledge receipt of appication for leave to appeal | |
| 1995-05-17 | Correspondence received from, sent to Connell Lightbody (Vancouver, BC) enclosing copy of letter dated May 17/95 sent to applicant | |
| 1995-05-15 | $50.00 filing fee, receipt no. 30032 | Jon Athey |
| 1995-05-15 | Application for leave to appeal, 5 copies (proof of service missing and formal order of C.A. not yet entered), Completed on: 1995-05-25 | Jon Athey |
| 1995-05-15 | Affidavit, of Gary A. Nelson (included in the application for leave to appeal) - 5 copies | Jon Athey |
| 1995-05-15 | Motion to extend the time to file and or serve the application for leave to appeal, to May 15, 1995 (included in the application for leave to appeal) - 5 copies | Jon Athey |
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 |
|---|---|---|
| Athey, Jon | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Leonati, Ferdinando | Respondent | Active |
| Johnson, Kevin | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Athey, Jon | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Gagne, Edward Alan | Respondent | Active |
| Dolphin Delivery (1985) Ltd. | Respondent | Active |
| Dolphin Transport Ltd. | Respondent | Active |
Counsel
Party: Athey, Jon
Counsel
1300 - 355 Burrard St.
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 684-1311
FAX: (604) 684-6402
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Leonati, Ferdinando
Counsel
1200 Waterfront Centre, 200 Burrard St.
P.O. Box 48600, Stn. Bentall Ctr
Vancouver, British Columbia
V7X 1T2
Telephone: (604) 640-4133
FAX: (604) 687-1415
Email: pfoy@blg.com
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Johnson, Kevin
Counsel
1200 Waterfront Centre, 200 Burrard St.
P.O. Box 48600, Stn. Bentall Ctr
Vancouver, British Columbia
V7X 1T2
Telephone: (604) 640-4133
FAX: (604) 687-1415
Email: pfoy@blg.com
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Gagne, Edward Alan
Counsel
1200 Waterfront Centre, 200 Burrard St.
P.O. Box 48600, Stn. Bentall Ctr
Vancouver, British Columbia
V7X 1T2
Telephone: (604) 640-4133
FAX: (604) 687-1415
Email: pfoy@blg.com
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Dolphin Delivery (1985) Ltd.
Counsel
1200 Waterfront Centre, 200 Burrard St.
P.O. Box 48600, Stn. Bentall Ctr
Vancouver, British Columbia
V7X 1T2
Telephone: (604) 640-4133
FAX: (604) 687-1415
Email: pfoy@blg.com
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Dolphin Transport Ltd.
Counsel
1200 Waterfront Centre, 200 Burrard St.
P.O. Box 48600, Stn. Bentall Ctr
Vancouver, British Columbia
V7X 1T2
Telephone: (604) 640-4133
FAX: (604) 687-1415
Email: pfoy@blg.com
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
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
Supreme Court of British Columbia
B921241
judgment awarding Mr. Athey 25% of assessed damages
Court of Appeal for British Columbia (Vancouver)
CA018227
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
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
Not available