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24830

Town of St. Andrews v. Hospitality Investments Ltd.

(New Brunswick) (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)
1999-02-15 Certificate of taxation issued to, Scott & Aylen
1999-02-12 Decision on the bill of costs, taxed at $17,307.47, Reg
1999-02-05 Hearing of the bill of costs, Reg
1999-02-05 Submission of the bill of costs, Reg
1998-12-18 Bill of costs, Completed on: 1998-12-18 Town of St. Andrews
1997-05-02 Appeal closed
1997-01-08 Record returned to the Registrar of the Court of Appeal, (1 box)
1996-12-09 Copy of formal judgment being prepared, Gowling, Strathy & Henderson
1996-12-09 Copy of formal judgment being prepared, Scott & Aylen
1996-12-05 Formal judgment sent to the registrar of the court of appeal and all parties, New Brunswick (Fredericton)
1996-11-08 General proceeding, to note 8 copies of CONDENSED CASE ON APPEAL given in Court Town of St. Andrews
1996-11-08 Judgment on the appeal rendered, LaF So G Co McL Ia Ma
Allowed, with costs
1996-11-08 Hearing of the appeal, 1996-11-08, LaF So G Co McL Ia Ma
1996-10-31 Correspondence (sent by the Court) to, from Clark, Drummie re: duration of argument
1996-10-28 Correspondence (sent by the Court) to, from Gowlings re: duration of argument
1996-10-08 Intervener's factum, 24 copies, with service, Completed on: 1996-10-08 Union of British Columbia Municipalities
1996-09-25 Proof of service, of the respondent's factum (book form)
1996-09-25 Correspondence (sent by the Court) to, from Scott & Aylen to A. Roland, letter dated Sept. 25, 1996 re: cost for photocopying case on appeal (fax copy)
1996-09-18 Respondent's factum, 24 copies, Completed on: 1996-09-18 Hospitality Investments Ltd.
1996-09-18 Decision on motion to extend time, to intervene (joint with I02 & I03), McL
Granted, no order as to costs
1996-09-18 Hearing of motion to extend time, 1996-09-18, to intervene (joint with I02 & I03), McL
1996-09-18 Submission of motion to extend time, 1996-09-18, to intervene (joint with I02 & I03), McL
1996-09-18 Decision on the motion for leave to intervene, (joint with I02 & I03) - Leave is granted to file a joint factum not to exceed 20 pages; joint oral argument of 15 minutes is allowed; factum to be filed by Oct 9/96, McL
Granted, no order as to costs
1996-09-18 Hearing of motion for leave to intervene, 1996-09-18, (joint with I02 & I03) - Leave is granted to file a joint factum not to exceed 20 pages; joint oral argument of 15 minutes is allowed; factum to be filed by Oct 9/96, McL
1996-09-18 Submission of motion for leave to intervene, 1996-09-18, (joint with I02 & I03) - Leave is granted to file a joint factum not to exceed 20 pages; joint oral argument of 15 minutes is allowed; factum to be filed by Oct 9/96, McL
1996-09-17 Appeal hearing scheduled, 1996-11-08
1996-09-17 Appeal perfected for hearing, Session beginning on 1996-09-30
1996-09-16 General proceeding, 1 copy of RESPONSE OF THE APPELLANT ON THE APPLICATION FOR LEAVE TO INTERVENE BY UNION OF B.C. MUN., with service Town of St. Andrews
1996-09-16 Notice of hearing, (1 copy), with service Town of St. Andrews
1996-09-16 Correspondence (sent by the Court) to, (by fax) from C.L. McLean; re: do not intend to reply to the respondent's response to the intervention
1996-09-09 General proceeding, 10 copies of respondent's response to the motion to intervene of Union of B.C. Municipalities et al Hospitality Investments Ltd.
1996-08-26 Affidavit, (of Kenneth Olive) (joint with I02 & I03) 6 copies bookform, with service Union of British Columbia Municipalities
1996-08-26 Affidavit, for leave to intervene (of Kenneth Olive)(joint with I02 & I03) 6 copies bookform, with service Union of British Columbia Municipalities
1996-08-26 Motion for leave to intervene, (joint with I02 & I03) 6 copies bookform, with service, Completed on: 1996-08-26 Union of British Columbia Municipalities
1996-08-26 $50.00 filing fee for notice of motion, for leave to intervene receipt #32497 Union of British Columbia Municipalities
1996-08-26 Motion to extend time, for leave to intervene (joint with I02 & I03) 6 copies bookform, with service, Completed on: 1996-08-26 Union of British Columbia Municipalities
1996-08-02 Correspondence (sent by the Court) to, from Clark, Drummie to A. Roland, letter dated July 30/96 re: acknowledge receipt of her letter dated July 24/96
1996-07-25 Book of authorities, 10 copies, with service, Completed on: 1996-07-25 Town of St. Andrews
1996-07-25 Appellant's factum, 24 copies, with service, Completed on: 1996-07-25 Town of St. Andrews
1996-07-24 Correspondence (sent by the Court) to, sent to Clark, Drummie & Co. (Saint John, NB) enclosing copy of notice to the profession dealing with condensed books c.c. Scott & Aylen & Gilbert McGloan, Gills & Gowling, Strathy & Henderson
1996-07-15 Appeal court record, 1 box (joint with Trial record)
1996-07-15 Trial court record, 1 box (joint with C/A record)
1996-07-02 Case on appeal, 23 copies of vol. 1 to X1 (B. Kincaid advised), with service Town of St. Andrews
1996-06-27 Correspondence (sent by the Court) to, from Ronald Ashfield to Registrar, letter dated June 24/96: will not be participating in these proceedings
1996-04-04 Correspondence (sent by the Court) to, (1 copy of Rule 32) sent to Clark, Drummie & Company (Saint John, NB) c.c. Scott & Aylen
1996-04-04 Correspondence (sent by the Court) to, (1 copy of Rule 32) sent to gilbert, McGloan, Gillis (Saint John, NB) c.c. Gowling
1996-04-04 Correspondence (sent by the Court) to, (copy of Rule 32) sent to Ashfield, Dewitt, Leblanc & Yerxa (Fredericton, NB)
1996-04-03 Order granting leave to appeal
1996-04-02 Notice of deposit of security
1996-04-01 $10.00 fee for depositing security, receipt #31805 Town of St. Andrews
1996-03-29 $500 security deposit paid, receipt no. 2366 Town of St. Andrews
1996-03-29 Notice of appeal, (1 copy), with service, Completed on: 1996-03-29 Town of St. Andrews
1996-03-07 Judgment of the Court on the application for leave to appeal, LaF Co Ma, The application for leave to appeal is granted.
Granted, no order as to costs
1996-03-07 Notice of deposit of judgment issued to all parties, Ashfield, Dewitt, Leblanc & Yerxa (Fredericton, NB)
1996-03-07 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1996-03-07 Notice of deposit of judgment issued to all parties, Scott & Aylen (Ottawa, ON)
1995-11-09 All materials on application for leave submitted to the Judges, LaF Co Ma
1995-08-28 Respondent's response on the application for leave to appeal, 5 copies, with service Hospitality Investments Ltd.
1995-08-17 Correspondence received from, sent to Gilbert, McGloan, Gillis (Saint John, NB) enclosing copy of letter dated Aug 17/95 sent to applicant
1995-08-17 Correspondence received from, sent to Ashfield, Dewitt, Leblanc & Yerxa (Fredericton, NB) enclosing copy of letter dated Aug 17/95 sent to applicant
1995-08-17 Correspondence received from, sent to Scott & Aylen (Ottawa, ON) to acknowledge receipt of material commencing a proceeding together with enclosed filing fee
1995-08-11 $50.00 filing fee, receipt no. 30539 Town of St. Andrews
1995-08-10 Application for leave to appeal, 5 copies (filing fee missing), with service, Completed on: 1995-08-11 Town of St. Andrews

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
Town of St. Andrews Applicant Active

v.

Main parties - Respondents
Name Role Status
Hospitality Investments Ltd. Respondent Active

Other parties

Other parties
Name Role Status
Union of British Columbia Municipalities Intervener Active
Municipal Insurance Association of British Columbia Intervener Active
Federation of Canadian Municipalities Intervener Active

Counsel

Party: Town of St. Andrews

Counsel
Name
Barry R. Morrison, Q.C.
Contact information
Clark Drummie
40 WELLINGTON ROW
PO BOX 6850 STN A
SAINT JOHN, New Brunswick
E2L 4S3
Telephone: (506) 633-3800
FAX: (506) 633-3811
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: Hospitality Investments Ltd.

Counsel
Names
Rodney J. Gillis, Q.C.
Paulette C. Garnett, Q.C.
Contact information
Gilbert, McGloan, Gillis
710 - 55 Union Street
P.O. Box 7174
Saint John, New Brunswick
E2L 4S6
Telephone: (506) 634-3600
FAX: (506) 634-3612
Email: rjgillis@gmglaw.com
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: Union of British Columbia Municipalities

Counsel
Name
John R. Singleton, Q.C.
Contact information
Singleton Urquhart Scott
1200 - 1125 Howe St.
Vancouver, British Columbia
V6Z 2K8
Telephone: (604) 682-7474
FAX: (604) 682-1283
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: Municipal Insurance Association of British Columbia

Counsel
Name
John R. Singleton, Q.C.
Contact information
Singleton Urquhart Scott
1200 - 1125 Howe St.
Vancouver, British Columbia
V6Z 2K8
Telephone: (604) 682-7474
FAX: (604) 682-1283
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: Federation of Canadian Municipalities

Counsel
Name
John R. Singleton, Q.C.
Contact information
Singleton Urquhart Scott
1200 - 1125 Howe St.
Vancouver, British Columbia
V6Z 2K8
Telephone: (604) 682-7474
FAX: (604) 682-1283
Agent
Name
James I. Minnes
Contact information
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

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

December 7, 1993
Court of Queen’s Bench of New Brunswick

S/C/1317/90

see file

June 13, 1995
Court of Appeal of New Brunswick

365/93/CA

see file

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