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26212

Mary Lawlor v. M.J. Oppenheim, C.A., Attorney in fact in Canada for Lloyd's Non-Marine Underwriters

(Newfoundland & Labrador) (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)
2005-06-29 Appeal closed
2005-06-29 Payment out cheque issued, ($634.64)
2005-06-16 Approved order for payment out, on consent sent to Finance June 20/05 - Document not microfilmed but is on file
2001-04-24 Record returned to the Registrar of the Court of Appeal
1999-01-11 Formal judgment sent to the registrar of the court of appeal and all parties
1999-01-11 Copy of formal judgment being prepared
1998-11-13 Judgment on the appeal rendered, L'HD G McL Ia Ba, L'HEUREUX-DUBÉ J. (orally for the Court): The Court is ready to render judgment now. Justice Iacobucci will give the judgment of the Court.
IACOBUCCI J.: We are all of the view to allow this appeal substantially for the reasons of the trial judge, Wells J., and for the reasons of the dissenting judge in the Newfoundland Court of Appeal, Mahoney J.A. The Lloyd's insurance policy was valid and binding in law and was not transferred or cancelled. Furthermore, there was no novation to release Lloyd's from the obligations under its policy issued to Royal. Accordingly, the appeal is allowed with costs here and in the Court of Appeal, the judgment of the Court of Appeal is set aside, and the decision of the trial judge is restored.

Allowed, costs in this Court and in the Court of Appeal
1998-11-13 Hearing of the appeal, 1998-11-13, L'HD G McL Ia Ba
Judgment rendered
1998-09-16 Notice of hearing Mary Lawlor
1998-09-15 Book of authorities, 12 copies (as per Order dated Aug. 25/98), with service, Completed on: 1998-09-15 M.J. Oppenheim, C.A., Attorney in fact in Canada for Lloyd's Non-Marine Underwriters
1998-09-15 Respondent's record, 24 copies (as per Order dated Aug. 25/98), with service, Completed on: 1998-09-15 M.J. Oppenheim, C.A., Attorney in fact in Canada for Lloyd's Non-Marine Underwriters
1998-09-15 Respondent's factum, 24 copies (as per Order dated Aug. 25/98), with service, Completed on: 1998-09-15 M.J. Oppenheim, C.A., Attorney in fact in Canada for Lloyd's Non-Marine Underwriters
1998-09-11 Appeal hearing scheduled, 1998-11-13
Judgment rendered
1998-08-25 Order on motion to extend time, to serve and file their Factum, Book of Authorities and Record
1998-08-24 Decision on motion to extend time, to serve and file their factum, record and authorities to Sept. 15/98, Ma
Granted, no order as to costs
1998-08-24 Hearing of motion to extend time, 1998-08-24, to serve and file their factum, record and authorities to Sept. 15/98, Ma
1998-08-24 Submission of motion to extend time, 1998-08-24, to serve and file their factum, record and authorities to Sept. 15/98, Ma
1998-08-19 Appeal perfected for hearing, Session beginning on 1998-10-05
1998-08-17 Response to motion to extend time, to file the respondent's factum, record and authorities to Sept. 15, 1998 (N. Finkelstein), with service, Completed on: 1998-08-17 Mary Lawlor
1998-08-17 Affidavit, to file the respondent's factum, record and authorities to Sept. 15, 1998 (P. Buckingham), with service M.J. Oppenheim, C.A., Attorney in fact in Canada for Lloyd's Non-Marine Underwriters
1998-08-17 $50.00 filing fee for notice of motion, receipt no. 30975 M.J. Oppenheim, C.A., Attorney in fact in Canada for Lloyd's Non-Marine Underwriters
1998-08-17 Motion to extend time, to file the respondent's factum, record and authorities to Sept. 15, 1998, with service, Completed on: 1998-08-17 M.J. Oppenheim, C.A., Attorney in fact in Canada for Lloyd's Non-Marine Underwriters
1998-07-02 Trial court record, (1 box - joint with C.A. record)
1998-07-02 Appeal court record, (1 box - joint with T.C. record)
1998-06-24 Book of authorities, 12 copies, with service, Completed on: 1998-06-24 Mary Lawlor
1998-06-24 Appellant's factum, 24 copies, with service, Completed on: 1998-06-24 Mary Lawlor
1998-06-15 Proof of service, of the appellant's record, with service
1998-06-08 Appellant's record, 23 copies, Completed on: 1998-06-08 Mary Lawlor
1998-03-13 Notice of change of counsel, from Blake, Cassels & Graydon to Davies, Ward & Beck (Neil Finkelstein), with service Mary Lawlor
1998-03-04 Notice of deposit of security, receipt #2441, with service
1998-03-04 Order granting leave to appeal
1998-02-27 Correspondence (sent by the Court) to, sent to Blake, Cassels & Graydon and McInnes Cooper & Robertson re: Rule 32
1998-02-26 $500 security deposit paid, receipt #2441 Mary Lawlor
1998-02-26 $10.00 fee for depositing security, receipt #30189 Mary Lawlor
1998-02-26 Notice of appeal, With service, Completed on: 1998-02-26 Mary Lawlor
1998-02-19 Judgment of the Court on the application for leave to appeal, Ia Ma Ba, The application for leave to appeal is granted.
Granted, no order as to costs
1998-02-19 Notice of deposit of judgment issued to all parties, all parties
1998-02-05 Correspondence received from, from A. Roland to Blake, Cassels re: his letter dated Jan. 30, 1998 will be forwarded to the panel
1998-01-30 Correspondence received from, from N. Finkelstein to A. Roland, letter dated Jan. 30, 1998 (fax copy) re: addition of the provisions to the summary sent to I Ma Ba, Feb. 9/ 98 Mary Lawlor
1998-01-23 All materials on application for leave submitted to the Judges, Ia Ma Ba
1997-12-10 Respondent's response on the application for leave to appeal, 5 copies (see order dated Nov. 24, 1997), with service, Completed on: 1997-12-10 M.J. Oppenheim, C.A., Attorney in fact in Canada for Lloyd's Non-Marine Underwriters
1997-11-25 Proof of service, of the notice of motion for extension of time (fax copy)
1997-11-24 Decision on motion to extend time, to file their response to Dec. 10/97, Reg
Granted, no order as to costs
1997-11-24 Submission of motion to extend time, 1997-11-24, to file their response to Dec. 10/97, Reg
1997-11-21 Response to motion to extend time, to file the respondent's response to Dec. 10, 1997 (Brenda Hollingsworth of Blake, Cassels) (fax copy), Completed on: 1997-11-21 Mary Lawlor
1997-11-21 Affidavit, to file the respondent's response to Dec. 10, 1997 (Philip Buckingham) M.J. Oppenheim, C.A., Attorney in fact in Canada for Lloyd's Non-Marine Underwriters
1997-11-21 $50.00 filing fee for a notice of motion, receipt no. 28153 M.J. Oppenheim, C.A., Attorney in fact in Canada for Lloyd's Non-Marine Underwriters
1997-11-21 Motion to extend time, to file the respondent's response to Dec. 10, 1997 (5 copies), Completed on: 1997-11-21 M.J. Oppenheim, C.A., Attorney in fact in Canada for Lloyd's Non-Marine Underwriters
1997-11-03 General proceeding, Copy of C.A. Order (TO BE DISTRIBUTED) Mary Lawlor
1997-10-23 Correspondence received from, sent to McInnes Cooper & Robertson (St. John's, NF) enclosing copy of letter dated Oct. 23/97
1997-10-23 Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) to acknowledge receipt of application for leave to appeal
1997-10-20 Book of authorities, 5 copies, Completed on: 1997-10-20 Mary Lawlor
1997-10-20 $50.00 filing fee, receipt #34972 Mary Lawlor
1997-10-20 Application for leave to appeal, 5 copies (missing C.A. Order), with service, Completed on: 1997-11-03 Mary Lawlor
1997-09-26 Response to the motion to extend the time to file and / or serve the leave application, to Oct. 30\97, Completed on: 1997-09-26 M.J. Oppenheim, C.A., Attorney in fact in Canada for Lloyd's Non-Marine Underwriters
1997-09-26 $50.00 filing fee, receipt #34823 Mary Lawlor
1997-09-26 Affidavit, to October 20, 1997; 2 copies; Alexander Kennedy, with service Mary Lawlor
1997-09-26 Motion to extend the time to file and or serve the application for leave to appeal, to October 20, 1997; 2 copies, with service, Completed on: 1997-09-26 Mary Lawlor
1997-09-26 Decision on motion to extend time to file and /or serve the leave application, to Oct. 20/97, So
Granted, no order as to costs
1997-09-26 Hearing of motion to extend time to file and/ or serve the leave application, 1997-09-26, to Oct. 20/97, So
1997-09-26 Submission of motion to extend time to file and/ or serve the leave application, 1997-09-26, to Oct. 20/97, So
1997-09-26 Notice of change of solicitor, from Patterson, Palmer to Blake, Cassels (fax copy), with service Mary Lawlor

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
Lawlor, Mary Applicant Active

v.

Main parties - Respondents
Name Role Status
Oppenheim, C.A., Attorney in fact in Canada for Lloyd's Non-Marine Underwriters, M.J. Respondent Active

Counsel

Party: Lawlor, Mary

Counsel
Name
Mitchell P. Finkelstein
Contact information
Davies Ward Phillips & Vineberg LLP
4400 - 1 First Canadian Place
P.O. Box 63
Toronto, Ontario
M5X 1B1
Telephone: (416) 367-6939
FAX: (416) 863-0871
Email: mfinkelstein@dwpv.com
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Oppenheim, C.A., Attorney in fact in Canada for Lloyd's Non-Marine Underwriters, M.J.

Counsel
Name
Philip J. Buckingham
Contact information
McInnes Cooper
602 - 235 Water St
PO Box 547 Stn C
St. John's, Newfoundland & Labrador
A1C 5K8
Telephone: (709) 726-9500
FAX: (709) 726-9550
Agent
Name
David M. Attwater
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

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

August 5, 1996
Supreme Court of Newfoundland and Labrador, Court of Appeal

1995 No. 1854

See file

July 23, 1997
Supreme Court of Newfoundland and Labrador - Court of Appeal

96/147

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

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

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Webcasts

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Date modified: 2025-05-13