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.
24959
American Home Assurance Company v. Brkich & Brkich Enterprises Ltd., 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 | Close file on Leave | |
| 1997-07-15 | Record returned to the Registrar of the Court of Appeal, Sent to Court of Appeal of B.C. (Vancouver, BC) enclosing their records (2 folders) | |
| 1997-07-04 | Copy of formal judgment being prepared, Macey Schwartz (Ottawa, ON) | |
| 1997-07-04 | Copy of formal judgment being prepared, Osler, Hoskin & Harcourt (Ottawa, ON) | |
| 1997-07-02 | Formal judgment sent to the registrar of the court of appeal and all parties, British-Columbia (Vancouver) | |
| 1997-04-28 | General proceeding, 10 copies of Respondent's Book of Excerpts given in Court | Brkich & Brkich Enterprises Ltd. |
| 1997-04-28 | General proceeding, 10 copies of Appellant's Excerpt given in Court | American Home Assurance Company |
| 1997-04-28 |
Judgment on the appeal rendered, LaF L'HD So G Co McL Ma Dismissed, costs in this Court and courts below |
|
| 1997-04-28 | Hearing of the appeal, 1997-04-28, LaF L'HD So G Co McL Ma | |
| 1997-04-21 | Correspondence (sent by the Court) to, (by fax) from Judith P. Kennedy; re: case will be argued by herself and by William M. Holburn. 45 mins. will be utilize for submissions and 20 mins. for the reply (original filed Apr.24/97) | |
| 1997-03-11 | Book of authorities, 10 copies, with service, Completed on: 1997-03-11 | Brkich & Brkich Enterprises Ltd. |
| 1997-03-04 | Appeal hearing scheduled, 1997-04-28 | |
| 1997-01-24 | Notice of hearing | American Home Assurance Company |
| 1997-01-22 | Respondent's factum, 24 copies (see order dated Dec. 13, 1996), with service, Completed on: 1997-01-22 | Brkich & Brkich Enterprises Ltd. |
| 1997-01-20 | Order on motion to extend time, to January 27, 1997 | |
| 1997-01-15 | Appeal court record, 1 accordion file | |
| 1996-12-20 | Appeal perfected for hearing, Session beginning on 1997-04-21 | |
| 1996-12-13 | $50.00 filing fee for notice of motion, to extend time receipt #33206 | Brkich & Brkich Enterprises Ltd. |
| 1996-12-13 |
Decision on motion to extend time, to file the respondent's factum to Jan. 27, 1997., Reg Granted, no order as to costs |
|
| 1996-12-13 | Hearing of motion to extend time, 1996-12-13, to file the respondent's factum to Jan. 27, 1997., Reg | |
| 1996-12-13 | Submission of motion to extend time, 1996-12-13, to file the respondent's factum to Jan. 27, 1997., Reg | |
| 1996-12-10 | Response to motion to extend time, to file the respondent's response to Jan. 27, 1997 (Alexander, Holburn), Completed on: 1996-12-10 | American Home Assurance Company |
| 1996-12-10 | Affidavit, to file the respondent's response to Jan. 27, 1997 (Alan Farber), with service | Brkich & Brkich Enterprises Ltd. |
| 1996-12-10 | Motion to extend time, to file the respondent's response to Jan. 27, 1997 ($50.00 requested), with service, Completed on: 1996-12-10 | Brkich & Brkich Enterprises Ltd. |
| 1996-11-06 | Proof of service, of the appellant's factum and book of authorities | |
| 1996-10-28 | Proof of service, of the appellant's factum | |
| 1996-10-28 | Book of authorities, 10 copies, with service, Completed on: 1996-10-28 | American Home Assurance Company |
| 1996-10-25 | Appellant's factum, 24 copies, Completed on: 1996-10-25 | American Home Assurance Company |
| 1996-10-01 | Correspondence (sent by the Court) to, sent to Oreck, Chernoff, Tick & Farber (Vancouver, BC) enclosing copy of notice to the profession dealing with condensed books c.c. Macey, Schwartz | |
| 1996-10-01 | Correspondence (sent by the Court) to, sent to Alexander, Holburn, Beaudin & Lang (Vancouver, BC) enclosing copy of notice to the profession dealing with condensed books, c.c. Osler, Hoskin & Harcourt | |
| 1996-09-20 | Certified casebook, vol. 1 to 4 | American Home Assurance Company |
| 1996-09-20 | Case on appeal, 23 copies vol. 1 to 4 (Danielle B. advised) | American Home Assurance Company |
| 1996-07-11 | Correspondence received from, from Macey Schwartz; re: Ottaw agent for the respondent | Brkich & Brkich Enterprises Ltd. |
| 1996-07-05 | Correspondence (sent by the Court) to, (notice of change of agent for Osler, Hoskin for the appellant), with service | |
| 1996-07-02 | Proof of service, of the notice of deposit of security | |
| 1996-07-02 | Proof of service, of the notice of appeal (service admitted on July 2/96) | |
| 1996-06-26 | Correspondence (sent by the Court) to, sent to Alexander Holburn Beaudin & Lang (Vancouver, BC) copy of Rule 32 c.c. Osler, Hoskin & Harcourt | |
| 1996-06-26 | Correspondence (sent by the Court) to, sent to Oreck, Chernoff, Tick & Farber (Vancouver, BC) copy of Rule 32 | |
| 1996-06-25 | Notice of deposit of security | |
| 1996-06-25 | $500 security deposit paid, direction #2385 | American Home Assurance Company |
| 1996-06-25 | Notice of appeal, Completed on: 1996-06-25 | American Home Assurance Company |
| 1996-06-18 | Notice of change of solicitor, change of OTTAWA AGENT, with service | American Home Assurance Company |
| 1996-06-18 | Order granting leave to appeal | |
| 1996-06-11 | Correspondence received from, from Lang, Michener re: applicant is now represented by Osler, Hoskin | American Home Assurance Company |
| 1996-05-31 | Notice of deposit of judgment issued to all parties, Lang, Michener | |
| 1996-05-31 | Notice of deposit of judgment issued to all parties, Oreck, Chernoff, Tick & Farber (Vancouver, BC) | |
| 1996-05-30 |
Judgment of the Court on the application for leave to appeal, CJ G Ia, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1996-03-11 | All materials on application for leave submitted to the Judges, CJ G Ia | |
| 1995-12-12 | Proof of service, of reply | |
| 1995-12-11 | Applicant's reply to respondent's argument, 5 copies, with service | American Home Assurance Company |
| 1995-11-30 | Respondent's response on the application for leave to appeal, 4 copies | Brkich & Brkich Enterprises Ltd. |
| 1995-11-28 | General proceeding, 5 copies of T.C. Order; 5 copies of C.A. Order | American Home Assurance Company |
| 1995-11-03 | Proof of service, of the application for leave to appeal to the Respondent's Brkich et al | |
| 1995-11-02 | Correspondence received from, sent to Lang, Michener (Ottawa, ON) to acknowledge receipt of application for leave to appeal | |
| 1995-11-02 | Correspondence received from, sent to Oreck, Chernoff, Tick & Farber (Vancouver, BC) enclosing copy of letter dated Nov 2/95 sent to applicant | |
| 1995-10-31 | $50.00 filing fee, receipt no. 30988 | American Home Assurance Company |
| 1995-10-30 | Book of authorities, 6 copies | American Home Assurance Company |
| 1995-10-30 | Application for leave to appeal, 5 copies (formal orders of T.C. and A.C. not yet entered), with service, Completed on: 1995-11-28 | American Home Assurance Company |
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 |
|---|---|---|
| American Home Assurance Company | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Brkich & Brkich Enterprises Ltd. | Respondent | Active |
| Mel Hotels Ltd. | Respondent | Active |
| Commercial Hotel | Respondent | Active |
Counsel
Party: American Home Assurance Company
Counsel
William M. Holburn
2700 - 700 West Georgia Street
Vancouver, British Columbia
V7Y 1B8
Telephone: (604) 688-1351
FAX: (604) 669-7642
Email: jkennedy@ahbl.bc.ca
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Brkich & Brkich Enterprises Ltd.
Counsel
1800 - 701 GEORGIA ST W
PO BOX 10142
VANCOUVER, British Columbia
V7Y 1E9
Telephone: (604) 689-8741
Agent
Ottawa, Ontario
K1P 5E7
Telephone: (613) 236-1872
FAX: (613) 236-8639
Party: Mel Hotels Ltd.
Counsel
1800 - 701 GEORGIA ST W
PO BOX 10142
VANCOUVER, British Columbia
V7Y 1E9
Telephone: (604) 689-8741
Agent
Ottawa, Ontario
K1P 5E7
Telephone: (613) 236-1872
FAX: (613) 236-8639
Party: Commercial Hotel
Counsel
1800 - 701 GEORGIA ST W
PO BOX 10142
VANCOUVER, British Columbia
V7Y 1E9
Telephone: (604) 689-8741
Agent
Ottawa, Ontario
K1P 5E7
Telephone: (613) 236-1872
FAX: (613) 236-8639
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
5-2923
Respondents' action dismissed
Court of Appeal for British Columbia (Vancouver)
CA017603
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