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25014

Andrew Sim Katz v. Vancouver Stock Exchange, 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
1997-05-02 Appeal closed
1996-11-18 Record returned to the Registrar of the Court of Appeal, (1 box)
1996-10-30 Copy of formal judgment being prepared, Lang, Michener
1996-10-30 Copy of formal judgment being prepared, Gowling, Strathy & Henderson
1996-10-30 Copy of formal judgment being prepared, Osler, Hoskin & Harcourt
1996-10-30 Copy of formal judgment being prepared, Burke-Robertson
1996-10-29 Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver)
1996-10-03 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma
Dismissed, with costs
1996-10-03 Hearing of the appeal, 1996-10-03, CJ LaF L'HD So G Co McL Ia Ma
1996-10-02 Proof of service, of supplementary book of authorities
1996-10-01 Supplemental document, 10 copies (SUPPLEMENTARY BOOK OF AUTHORITIES) Vancouver Stock Exchange
1996-09-27 Supplemental document, BOOK OF AUTHORITIES 10 copies, with service Andrew Sim Katz
1996-09-25 Correspondence (sent by the Court) to, from Lang, Michener re: duration of argument
1996-09-25 Correspondence (sent by the Court) to, (by fax) dated Sept. 25/96 from Jane Jago (Osler Hoskin) re counsel appearing and duration of argument
1996-09-20 Reply factum on appeal, in response to the factum of the intervener A.G. of Manitoba 24 copies (see order of Sept. 18/96), with service, Completed on: 1996-09-20 Andrew Sim Katz
1996-09-19 Order on motion to file a reply factum on appeal
1996-09-18 Decision on the motion to file a reply factum on appeal, to the factum of the Intervener A.G. of Manitoba, McL
Granted, no order as to costs
1996-09-18 Hearing of motion to file a reply factum on appeal, 1996-09-18, to the factum of the Intervener A.G. of Manitoba, McL
1996-09-18 Submission of motion to file a reply factum on appeal, 1996-09-18, to the factum of the Intervener A.G. of Manitoba, McL
1996-09-16 Response to motion to file a reply factum on appeal, by the appellant (letterform), Completed on: 1996-09-16 Attorney General of Manitoba
1996-09-13 Correspondence (sent by the Court) to, from Osler, Hoskin re: 24 COPIES OF AMENDED PAGE 6, APPENDIX B TO THE FACTUM OF THE RESPONDENT - VANCOUVER STOCK EXCHANGE
1996-09-13 Correspondence (sent by the Court) to, from Lang, Michener, letter dated Sept. 13, 1996 re: take no position concerning the appellant' s motion to file the reply to the intervener A.G. Manitoba
1996-09-13 Response to motion to file a reply factum on appeal, of Osler, Hoskin, letter dated Sept. 13, 1996 re: consent to the appellant's motion to file a reply to the intervenor, A.G. Manitoba, Completed on: 1996-09-13 Vancouver Stock Exchange
1996-09-12 Affidavit, of Gary Snarch re: motion to file a reply to A.G. Manitoba`s factum, with service Andrew Sim Katz
1996-09-12 $50.00 filing fee for notice of motion, receipt no. 32567 Andrew Sim Katz
1996-09-12 Motion to file a reply factum on appeal, (REPLY IN RESPONSE TO A. G. MANITOBA`S FACTUM), with service, Completed on: 1996-09-12 Andrew Sim Katz
1996-09-11 Correspondence (sent by the Court) to, from Burke-Robertson re: duration of argument
1996-09-09 Book of authorities, 10 copies of vol. 1 and 2, with service, Completed on: 1996-09-09 British Columbia Securities Commission
1996-09-05 Book of authorities, 10 copies of vol. 1 and 2, Completed on: 1996-09-05 Andrew Sim Katz
1996-09-05 Proof of service, of the book of authorities vol. I & II
1996-09-03 Reply factum on appeal, 24 copies (see order dated August 23, 1996) (REPLY TO B.C. SECURITIES` FACTUM), with service, Completed on: 1996-09-03 Andrew Sim Katz
1996-08-30 Book of authorities, 10 copies, with service, Completed on: 1996-08-30 Attorney General of Manitoba
1996-08-30 Intervener's factum, 24 copies, with service, Completed on: 1996-08-30 Attorney General of Manitoba
1996-08-30 Book of authorities, 10 copies, with service, Completed on: 1996-08-30 Attorney General of British Columbia
1996-08-29 Notice of hearing, (1 copy) Andrew Sim Katz
1996-08-29 Correspondence (sent by the Court) to, from Burke-Robertson re: duration of argument
1996-08-28 General proceeding, 10 copies of BRIEF OF VANCOUVER STOCK EXCHANGE HEARING PANEL DECISIONS WITH APPEALS TO COMMISSION (B.K. advised) Vancouver Stock Exchange
1996-08-28 Book of authorities, 10 copies, Completed on: 1996-08-28 Vancouver Stock Exchange
1996-08-27 Correspondence (sent by the Court) to, from Lang, Michener, letter dated August 27, 1996 re: DO NOT CONSENT to the filing of the letter from Mr. L. McQuid`s of August 2, 1996
1996-08-23 Decision on motion to strike out, Co, paragraphs 22 and 23 of the Securities Commission will not be struck out. This appeal will be heard on the 3rd of Oct. 1996. It is too late to file additional evidence. The letter from Mr. M. Quil of Pacific International Securities will therefore not be filed unless the consent of all parties is obtained to its introduction. Costs of this application will be in the cause.
Dismissed, no order as to costs
1996-08-23 Hearing of motion to strike out, 1996-08-23, Co
1996-08-23 Submission of motion to strike out, 1996-08-23, Co
1996-08-23 Decision on the motion to file a reply factum on appeal, will be no longer than 8 pages (see A423), Co
Granted, no order as to costs
1996-08-23 Hearing of motion to file a reply factum on appeal, 1996-08-23, will be no longer than 8 pages (see A423), Co
1996-08-23 Submission of motion to file a reply factum on appeal, 1996-08-23, will be no longer than 8 pages (see A423), Co
1996-08-22 Appeal court record, (1 folder)
1996-08-22 Correspondence (sent by the Court) to, from Burke-Robertson (fax copy) re: appeal does not intend to file a response to B.C. Securities
1996-08-20 Appeal hearing scheduled, 1996-10-03
1996-08-14 General proceeding, 2 copies of response to the appellant's motion to strike, with service British Columbia Securities Commission
1996-08-14 Proof of service, of factum
1996-08-14 Proof of service, of Case on Appeal
1996-08-14 Correspondence (sent by the Court) to, (by fax) from Larry R. Jackie; re: will not be responding to the appellant's motion to file a reply factum
1996-08-06 Intervener's factum, 25 copies, with service, Completed on: 1996-08-06 Attorney General of British Columbia
1996-08-06 Affidavit, to respondent B.C. Securities Commission (of Gary Snarch), with service Andrew Sim Katz
1996-08-06 Affidavit, paragraphs 22 and 23 of the factum of the respondent B.C. Securities Commission (of Gary Snarch), with service Andrew Sim Katz
1996-08-06 Motion to file a reply factum on appeal, to respondent B.C. Securities Commission, with service, Completed on: 1996-08-06 Andrew Sim Katz
1996-08-06 $50.00 filing fee for notice of motion, to strike out and to file a reply factum receipt #32406 Andrew Sim Katz
1996-08-06 Motion to strike out, Paragraphs 22 and 23 of the factum of the respondent B.C. Securities Commission, with service, Completed on: 1996-08-06 Andrew Sim Katz
1996-07-29 Proof of service, of the respondent's factum (book form), with service
1996-07-26 Order on motion to extend time, to intervene
1996-07-26 Order on motion for leave to intervene
1996-07-24 Decision on motion to extend time, to intervene, So
Granted, no order as to costs
1996-07-24 Hearing of motion to extend time, 1996-07-24, to intervene, So
1996-07-24 Submission of motion to extend time, 1996-07-24, to intervene, So
1996-07-24 Decision on the motion for leave to intervene, oral argument is limited to 15 minutes and factum to 20 pages, So
Granted, no order as to costs
1996-07-24 Hearing of motion for leave to intervene, 1996-07-24, oral argument is limited to 15 minutes and factum to 20 pages, So
1996-07-24 Submission of motion for leave to intervene, 1996-07-24, oral argument is limited to 15 minutes and factum to 20 pages, So
1996-07-22 Correspondence (sent by the Court) to, dated July 22/96 from Robert E. Houston, Q.C. (Burke-Robertson) to advise the Court that the Appellant takes no position with respect to the intervention by the A.G. of Manitoba
1996-07-22 Response to the motion for leave to intervene, Completed on: 1996-07-22 British Columbia Securities Commission
1996-07-22 Response to the motion for leave to intervene, Completed on: 1996-07-22 Vancouver Stock Exchange
1996-07-22 Affidavit, (of Ronald Perozzo, Q.C.), with service Attorney General of Manitoba
1996-07-22 Affidavit, for leave to intervene (of Ronald Perozzo, Q.C.), with service Attorney General of Manitoba
1996-07-22 Motion for leave to intervene, With service, Completed on: 1996-07-22 Attorney General of Manitoba
1996-07-22 $50.00 filing fee for notice of motion, for leave to intervene receipt #25014 Attorney General of Manitoba
1996-07-22 Motion to extend time, for leave to intervene, with service, Completed on: 1996-07-22 Attorney General of Manitoba
1996-07-22 Proof of service, of the Case on Appeal and the Appellant's factum upon the A.G.B.C. admitted on July 10/96
1996-07-08 Respondent's factum, 24 copies, with service, Completed on: 1996-07-08 British Columbia Securities Commission
1996-07-08 Appeal perfected for hearing, Session beginning on 1996-09-30
1996-07-08 Respondent's factum, 24 copies, with service, Completed on: 1996-07-08 Vancouver Stock Exchange
1996-06-25 Order on motion for leave to intervene
1996-06-21 Decision on the motion for leave to intervene, oral argument is limited to 15 minutes, McL
Granted, no order as to costs
1996-06-21 Hearing of motion for leave to intervene, 1996-06-21, oral argument is limited to 15 minutes, McL
1996-06-21 Submission of motion for leave to intervene, 1996-06-21, oral argument is limited to 15 minutes, McL
1996-06-20 Response to the motion for leave to intervene, by the Attorney General of British Columbia, Completed on: 1996-06-20 Vancouver Stock Exchange
1996-06-17 Correspondence (sent by the Court) to, (by fax) from Robert E. Houston, Q.C.; re: will be taking no position to the intervention of A.G. B.C.. they do not consent; they will not be filing any material
1996-06-17 Response to the motion for leave to intervene, by A.G. B.C., Completed on: 1996-06-17 British Columbia Securities Commission
1996-06-17 Affidavit, George H. Copley, with service Attorney General of British Columbia
1996-06-17 $50.00 filing fee for notice of motion, receipt #32234 Attorney General of British Columbia
1996-06-17 Motion for leave to intervene, With service, Completed on: 1996-06-17 Attorney General of British Columbia
1996-06-07 Appellant's factum, 24 copies, with service, Completed on: 1996-06-07 Andrew Sim Katz
1996-05-23 Notice of deposit of security, With service
1996-05-21 Certified casebook, (service admitted on May 10/96), with service Andrew Sim Katz
1996-05-21 $500 security deposit paid, receipt #2375 Andrew Sim Katz
1996-05-10 Proof of service, of the case on appeal
1996-05-10 Case on appeal, 23 copies Andrew Sim Katz
1996-04-25 Proof of service, of Notice of Appeal
1996-04-19 Correspondence (sent by the Court) to, from Poulsen & Co.; re: stay (previous letter dated Apr. 11/96 no longer required)
1996-04-16 Order granting leave to appeal
1996-04-16 Correspondence (sent by the Court) to, sent to B.C. Securities Commission (Vancouver, BC) enclosing copy of Rule 32 c.c. Lang, Michener
1996-04-16 Correspondence (sent by the Court) to, sent to Ladner Downs (Vancouver, BC) enclosing copy of Rule 32 c.c. Osler, Hoskin & Harcourt
1996-04-16 Correspondence (sent by the Court) to, sent to Snarch & Allen (Vancouver, BC) enclosing copy of Rule 32 c.c. Burke-Robertson
1996-04-15 Notice of appeal, With service, Completed on: 1996-04-15 Andrew Sim Katz
1996-04-12 Correspondence received from, (by fax) from Poulsen & Company; re: the stay
1996-04-11 Decision on the motion for a stay of execution, Ia, - 1. The motion is granted. The hearing is stayed until this matter is finally disposed of by this Court, provided that the appeal is perfected on an expedited basis as follows: i) The notice of appeal shall be filed and served on or before April 17/96. ii) The case on appeal shall be filed and served by the appellant within one month after the date of filing of the notice of appeal. iii) The appellant shall file and serve his factum within one month after the date of the filing of the case on appeal. iv) The respondents shall file and serve their factums within one month after the date of service of the appellant's factum. v) The hearing of the appeal is to be scheduled for the Fall 1996 session.
Granted, no order as to costs
1996-04-11 Hearing of motion for a stay of execution, 1996-04-11, Ia
1996-04-11 Submission of motion for a stay of execution, 1996-04-11, Ia
1996-04-09 Other documents on motion for a stay of execution, (affidavit of Gary Snarch) REPLY
1996-04-09 Other documents on motion for a stay of execution, (letterform) adopts the argument of Vancouver Stock
1996-04-09 Other documents on motion for a stay of execution, 3 copies of argument, with service
1996-04-04 Notice of deposit of judgment issued to all parties, Lang, Michener
1996-04-04 Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt (Ottawa, ON)
1996-04-04 Notice of deposit of judgment issued to all parties, Burke-Robertson
1996-04-03 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
1996-03-29 $50.00 filing fee for a notice of motion, receipt no. 31807 Andrew Sim Katz
1996-03-29 Other documents on motion for a stay of execution, (affidavit of Fiona C. M. Anderson) - 1 copy, with service
1996-03-29 Motion for a stay of execution, (1 copy) sent to CJ G I, Apr 1/96 (N.B. REFERRED TO ROTA JUDGE, AS PER CJ'S OFFICE), with service, Completed on: 1996-03-29 Andrew Sim Katz
1996-03-26 All materials on application for leave submitted to the Judges, CJ G Ia
1996-01-09 Proof of service, of the response of the B.C. Securities Commission
1996-01-08 Proof of service, of the response and book of authorities
1995-12-27 Respondent's response on the application for leave to appeal, 5 copies joint with Superintendent Brokers. British Columbia Securities Commission
1995-12-21 Correspondence received from, from Ladner, Downs to Registrar, letter dated Dec. 20/95 re: requesting that leave to appeal be determined on an expedited basis (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL) Vancouver Stock Exchange
1995-12-21 Book of authorities, 5 copies Vancouver Stock Exchange
1995-12-21 Respondent's response on the application for leave to appeal, 5 copies Vancouver Stock Exchange
1995-12-13 Correspondence received from, sent to Ladner Downs (Vancouver, BC) enclosing copy of letter dated Dec 13/95 sent to applicant
1995-12-13 Correspondence received from, sent to B.C. Securities Commission (Vancouver, BC) enclosing copy of letter dated Dec 13/95 sent to applicant
1995-12-13 Correspondence received from, sent to Burke-Robertson to acknowledge receipt of material commencing a proceeding with filing fee
1995-11-24 $50.00 filing fee, receipt no. 31110 Andrew Sim Katz
1995-11-24 Application for leave to appeal, 5 copies (service admitted on Nov. 27/95), with service, Completed on: 1995-11-24 Andrew Sim Katz

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
Sim Katz, Andrew Applicant Active

v.

Main parties - Respondents
Name Role Status
Vancouver Stock Exchange Respondent Active
British Columbia Securities Commission Respondent Active
Superintendent of Brokers Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of British Columbia Intervener Active
Attorney General of Manitoba Intervener Active

Counsel

Party: Sim Katz, Andrew

Counsel
Name
Gary S. Snarch
Contact information
Snarch & Allen
907 - 1030 GEORGIA ST W
VANCOUVER, British Columbia
V6E 2Y3
Telephone: (604) 684-8000
FAX: (604) 684-8003
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Vancouver Stock Exchange

Counsel
Name
Larry R. Jackie
Contact information
Ladner Downs
200 BURRARD ST
PO BOX 48600 STN BENTALL CTR
VANCOUVER, British Columbia
V7X 1T2
Telephone: (604) 687-5744
FAX: (604) 687-1415
Agent
Name
Patricia J. Wilson
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

Party: British Columbia Securities Commission

Counsel
Name
Mark L. Skwarok
Contact information
B.C. Securities Commission
1100 - 865 HORNBY
VANCOUVER, British Columbia
V6Z 2H4
Telephone: (604) 775-1579
FAX: (604) 775-1581
Agent
Name
Eugene Meehan
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

Party: Superintendent of Brokers

Counsel
Name
Mark L. Skwarok
Contact information
B.C. Securities Commission
1100 - 865 HORNBY
VANCOUVER, British Columbia
V6Z 2H4
Telephone: (604) 775-1579
FAX: (604) 775-1581
Agent
Name
Norman Fera
Contact information
Lang, Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

Party: Attorney General of British Columbia

Counsel
Name
Stephen D. Cooke
Contact information
Attorney General of British Columbia
500 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-4119
FAX: (604) 660-3433
Email: stephen.cooke@gov.bc.ca
Agent
Name
V. Jennifer Mackinnon
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General of Manitoba

Counsel
Name
Donna J. Miller, Q.C.
Contact information
Attorney General of Manitoba
405 BROADWAY AVE
4TH FL
WINNIPEG, Manitoba
R3C 3L6
Telephone: (204) 945-0679
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
PO 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

September 28, 1995
Court of Appeal for British Columbia (Vancouver)

CA020361

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

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.

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Date modified: 2025-05-13