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.
24891
Her Majesty the Queen in Right of British Columbia v. Ossie Sylvester
(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) |
|---|---|---|
| 1998-01-23 | Record returned to the Registrar of the Court of Appeal, sent together with 23799 - 24896 - 24943 - 24999 - 25179 and 25474 (2 boxes) | |
| 1997-08-01 | Appeal closed | |
| 1997-06-13 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON) | |
| 1997-06-13 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON) | |
| 1997-06-13 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1997-06-11 | Formal judgment sent to the registrar of the court of appeal and all parties, Colombie-Britannique (Vancouver) | |
| 1997-05-30 | Notice of deposit of judgment sent to all parties, Burke-Robertson | |
| 1997-05-30 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson | |
| 1997-05-29 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed. The order of the Court of Appeal is varied to the extent that the disability benefits to which the respondent was entitled under the Short Term Illness and Injury Plan and the Long Term Disability Plan during the 20-month notice period commencing July 23, 1992 are to be deducted from the damages for wrongful dismissal of $102,100. The calculations are left to the parties, who may apply for directions if they cannot agree. The appellant is to pay costs on a party and party basis. Allowed, no order as to costs |
|
| 1997-02-27 | General proceeding, transcript received and distributed to the justices (51 pages) | |
| 1997-02-13 |
Hearing of the appeal, 1997-02-13, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1997-02-12 | General proceeding, 12 copies of CONDENSED CASE ON APPEAL, with service | Ossie Sylvester |
| 1997-02-07 | Correspondence (sent by the Court) to, from Gowling re: duration of argument | |
| 1997-02-05 | Response to motion to extend time, to file the respondent's factum to Jan. 22/97 (letteform from Burke-Robertson), Completed on: 1997-02-05 | Her Majesty the Queen in Right of British Columbia |
| 1997-02-05 | Order on motion to extend time, to serve and file the Respondent factum to Jan. 22 /1997 | |
| 1997-02-05 |
Decision on motion to extend time, to file the respondent's factum to Jan. 22, 1997., Reg Granted, no order as to costs |
|
| 1997-02-05 | Hearing of motion to extend time, 1997-02-05, to file the respondent's factum to Jan. 22, 1997., Reg | |
| 1997-02-05 | Submission of motion to extend time, 1997-02-05, to file the respondent's factum to Jan. 22, 1997., Reg | |
| 1997-01-29 | Book of authorities, 10 copies, with service, Completed on: 1997-01-29 | Ossie Sylvester |
| 1997-01-29 | Proof of service, of the respondent's motion and affidavit | |
| 1997-01-29 | General proceeding, 12 copies of CONDENSED OF CASE ON APPEAL | Her Majesty the Queen in Right of British Columbia |
| 1997-01-28 | Affidavit, to file the respondent's factum to Jan. 22, 1997 (E.V.Bemmel) | Ossie Sylvester |
| 1997-01-28 | $50.00 filing fee for notice of motion, receipt no. 33429 | Ossie Sylvester |
| 1997-01-28 | Motion to extend time, to file the respondent's factum to Jan. 22, 1997, Completed on: 1997-01-28 | Ossie Sylvester |
| 1997-01-21 | Respondent's factum, 24 copies (extension of time and signature requested), with service, Completed on: 1997-01-21 | Ossie Sylvester |
| 1997-01-21 | Notice of hearing | Her Majesty the Queen in Right of British Columbia |
| 1997-01-21 | Correspondence (sent by the Court) to, from Burke-Robertson re: duration of argument | |
| 1996-12-19 |
Appeal hearing scheduled, 1997-02-13 Decision reserved |
|
| 1996-11-14 | Appeal perfected for hearing, Session beginning on 1997-01-20 | |
| 1996-11-08 | Trial court record, (1 env.) | |
| 1996-11-06 | Appeal court record, (1 file) | |
| 1996-10-02 | Order on motion to extend time, to file the factum | |
| 1996-09-30 |
Decision on motion to extend time, to file the factum to Sept 16/96, Reg Granted, no order as to costs |
|
| 1996-09-30 | Hearing of motion to extend time, 1996-09-30, to file the factum to Sept 16/96, Reg | |
| 1996-09-30 | Submission of motion to extend time, 1996-09-30, to file the factum to Sept 16/96, Reg | |
| 1996-09-27 | Response to motion to extend time, to serve and file the appellant's factum to Sept. 16/96, Completed on: 1996-09-27 | Ossie Sylvester |
| 1996-09-23 | Affidavit, to serve and file the factum to Sept. 16/96; Timothy Leadem, with service | Her Majesty the Queen in Right of British Columbia |
| 1996-09-23 | $50.00 filing fee for notice of motion, receipt #32632 | Her Majesty the Queen in Right of British Columbia |
| 1996-09-23 | Motion to extend time, to serve and file the factum to Sept. 16/96, with service, Completed on: 1996-09-23 | Her Majesty the Queen in Right of British Columbia |
| 1996-09-18 | Proof of service, of the Appellant`s book of authorities and the appellant`s factum | |
| 1996-09-16 | Book of authorities, 10 copies, Completed on: 1996-09-16 | Her Majesty the Queen in Right of British Columbia |
| 1996-09-16 | Appellant's factum, 24 copies (extension of time requested), Completed on: 1996-09-16 | Her Majesty the Queen in Right of British Columbia |
| 1996-08-23 | Correspondence (sent by the Court) to, sent to Dept of Justice (Victoria, BC) enclosing copy of notice to the profession dealing with condensed books c.c. Burke-Robertson, Iqbal Sara, Gowling, Strathy & Henderson | |
| 1996-07-24 | Proof of service, of the case on appeal, vol. 1 to 3 | |
| 1996-07-18 | Case on appeal, 23 copies of vol. I to III | Her Majesty the Queen in Right of British Columbia |
| 1996-04-30 | General proceeding, 1 copy of Notice of Change of Agents from Nelligan, Power to Gowling, Strathy, with service | Ossie Sylvester |
| 1996-04-18 | Correspondence (sent by the Court) to, sent to Iqbal Sara (Vancouver, BC) enclosing copy of Rule 32 c.c. Nelligan, Power | |
| 1996-04-18 | Correspondence (sent by the Court) to, sent to A.G. of BC enclosing copy of Rule 32 c.c. Burke-Robertson | |
| 1996-04-18 | Correspondence (sent by the Court) to, dated April 15/96 from I. Sara to J.J. Mark Edwards to conclude his agency for him | |
| 1996-04-17 | Order granting leave to appeal | |
| 1996-04-16 | Notice of appeal, With service, Completed on: 1996-04-16 | Her Majesty the Queen in Right of British Columbia |
| 1996-04-04 | Notice of deposit of judgment issued to all parties, Burke-Robertson | |
| 1996-04-04 | Notice of deposit of judgment issued to all parties, Nelligan, Power | |
| 1996-04-03 |
Judgment of the Court on the application for leave to appeal, L'HD So McL, The motion for an extension of time and the application for leave to appeal are granted. Granted, no order as to costs |
|
| 1996-04-03 |
Decision on motion to extend time to file and /or serve the leave application, L'HD So McL Granted, no order as to costs |
|
| 1996-04-03 | Hearing of motion to extend time to file and/ or serve the leave application, 1996-04-03, L'HD So McL | |
| 1996-04-03 | Submission of motion to extend time to file and/ or serve the leave application, 1996-04-03, L'HD So McL | |
| 1995-12-28 | All materials on application for leave submitted to the Judges, L'HD So McL | |
| 1995-11-28 | General proceeding, 5 copies of C.A. Order | Her Majesty the Queen in Right of British Columbia |
| 1995-11-24 | Proof of service, of the affidavit of Iqbal Sara | |
| 1995-11-21 | Affidavit, of Iqbal Sara: opposing the applicant's request for an extension of time - 5 copies - TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL, with service | Ossie Sylvester |
| 1995-11-14 | $50.00 filing fee for a notice of motion, receipt no. 31058 | Her Majesty the Queen in Right of British Columbia |
| 1995-11-14 | Correspondence received from, from Nelligan & Power re: will oppose to the motion to extend the time; also has been retained to act as the agent for the Respondent (fax copy) TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL | Ossie Sylvester |
| 1995-11-14 | Affidavit, of Timothy Leadem (re: motion to extend the time to serve on Oct. 31/95) - TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL, with service | Her Majesty the Queen in Right of British Columbia |
| 1995-11-14 | Motion to extend the time to file and or serve the application for leave to appeal, to serve to Oct. 31/95 (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL), with service | Her Majesty the Queen in Right of British Columbia |
| 1995-11-09 | Respondent's response on the application for leave to appeal, 5 copies, with service | Ossie Sylvester |
| 1995-11-07 | Correspondence received from, of Mr. Iqbal Sara dated Oct. 31/95 re: defects in application for leave | Ossie Sylvester |
| 1995-11-03 | Proof of service, of leave application admitted on Oct. 31/95 (motion to extend time to serve requested) | |
| 1995-10-12 | Correspondence received from, sent to Iqbal Sara (Vancouver, BC) enclosing copy of letter dated Oct 12/95 sent to applicant | |
| 1995-10-12 | Correspondence received from, sent to Burke-Robertson to acknowledge receipt of application for leave to appeal | |
| 1995-10-11 | Correspondence received from, (by fax) of Iqbal Sara to advise the Court that he has not been served with the application for leave and that he is leaving today for 3 weeks vacation. He will file a response within 30 days (ORIGINAL filed on Oct. 16/95) | Ossie Sylvester |
| 1995-10-03 | General proceeding, (no formal order of C.A. has been issued as per Karen Collins's confirmation) | Her Majesty the Queen in Right of British Columbia |
| 1995-09-29 | Appeal Court record, 3 copies of vol. 1 and 2 of APPEAL BOOK (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL) | |
| 1995-09-29 | Book of authorities, 5 copies | Her Majesty the Queen in Right of British Columbia |
| 1995-09-29 | $50.00 filing fee, receipt no. 30779 | Her Majesty the Queen in Right of British Columbia |
| 1995-09-29 | Application for leave to appeal, 5 copies (proof of service and formal order of C.A. missing; also printed on right side) (RETURNED FOR CORRECTIONS ON OCT. 3/95) (BACK FROM CORRECTIONS ON OCT. 4/95), Completed on: 1995-11-03 | Her Majesty the Queen in Right of British Columbia |
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 |
|---|---|---|
| Her Majesty the Queen in Right of British Columbia | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Sylvester, Ossie | Respondent | Active |
Counsel
Party: Her Majesty the Queen in Right of British Columbia
Counsel
1001 Douglas St.
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8865
FAX: (250) 356-9154
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Sylvester, Ossie
Counsel
VANCOUVER, British Columbia
V6P 6C3
Telephone: (604) 261-6069
FAX: (604) 261-6030
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
Supreme Court of British Columbia
C930889
see file
Court of Appeal for British Columbia (Vancouver)
CA018171
appeal allowed
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