Case information
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26555
D.H., et al. v. H.M., et al.
(British Columbia) (Civil) (By Leave)
(Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1999-06-01 | Certificate of taxation issued to, Gowlings | |
| 1999-05-31 | Decision on the bill of costs, taxed at $1,472.35, Reg | |
| 1999-05-31 | Submission of the bill of costs, Reg | |
| 1999-05-12 | Bill of costs, Completed on: 1999-05-12 | D.H. |
| 1999-05-10 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 1999-05-10 | Copy of formal judgment being prepared, On rehearing. | |
| 1999-05-03 |
Decision on the motion for a re-hearing of the appeal, CJ L'HD G Co McL Ia Ma Ba Bi, The motion for a rehearing is dismissed with costs. Dismissed, with costs |
|
| 1999-04-16 | Reply to the response to the motion for a re-hearing of the appeal, (sent to the Court on April 16/99), Completed on: 1999-04-16 | H.M. |
| 1999-04-06 | Correspondence received from, Lang, Michener dated April 6, 1999 re: intends to file a reply to the respndent's response within the time limit | D.H. |
| 1999-04-01 | Response to the motion for a re-hearing of the appeal, book form (sent to the panel on April 6, 1999)(service received on April 1, 1999, book form), Completed on: 1999-04-07 | D.H. |
| 1999-03-26 | All material on motion for a re-hearing of the appeal submitted to Justices, CJ L'HD G Co McL Ia Ma Ba Bi | |
| 1999-03-19 | Order issued on motion for a stay of execution, Order of Major, J. see file | |
| 1999-03-19 |
Decision on the motion for a stay of execution, Ma Dismissed, no order as to costs |
|
| 1999-03-19 | Response to the motion for a stay of execution, Completed on: 1999-03-19 | D.H. |
| 1999-03-17 | Motion for a re-hearing of the appeal, Completed on: 1999-03-17 | H.M. |
| 1999-03-16 | Submission of motion for a stay of execution, Ma | |
| 1999-03-12 | Motion for a stay of execution, pending The Court's determination of the application for a Motion for Re-Hearing, Completed on: 1999-03-12 | H.M. |
| 1999-03-12 | Notice of change of counsel, formerly represented by James G. Martin to appoint John B. Harvie of Duboff Edwards Haight & Schachter as lawyer of record | H.M. |
| 1999-02-22 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 1999-02-22 | Copy of formal judgment being prepared | |
| 1999-02-22 | Order on motion to extend time, to file the authorities | |
| 1999-02-17 |
Decision on motion to extend time, to file the appellant's authorities to Feb. 8/99, Reg Granted, no order as to costs |
|
| 1999-02-17 |
Decision on motion to adduce new evidence, CJ L'HD G Co McL Ia Ma Ba Bi, Paragraphs 2-5-6 of affidavit part of record Granted, no order as to costs |
|
| 1999-02-17 |
Judgment on the appeal rendered, CJ L'HD G Co McL Ia Ma Ba Bi, (see long judgment) Allowed, no order as to costs |
|
| 1999-02-17 |
Hearing of the motion to adduce new evidence, 1999-02-17, CJ L'HD G Co McL Ia Ma Ba Bi Decision rendered |
|
| 1999-02-17 |
Hearing of the appeal, 1999-02-17, video #V017, CJ L'HD G Co McL Ia Ma Ba Bi Judgment rendered |
|
| 1999-02-17 | Submission of motion to extend time, Reg | |
| 1999-02-16 |
Submission of motion to adduce new evidence, 1999-02-17, CJ L'HD G Co McL Ia Ma Ba Bi Decision rendered |
|
| 1999-02-15 | Motion to extend time, to file the appellant's authorities to Feb. 8, 1999, Completed on: 1999-02-15 | D.H. |
| 1999-02-15 | Motion to adduce new evidence, (to file the affidavit of Nancy Haimerl)(to be heard at the hearing of the appeal on Feb. 17/99), Completed on: 1999-03-05 | D.H. |
| 1999-02-12 | Respondent's book of authorities, vol. 1 and 2 (joint with M. H.) (extension of time requested), Completed on: 1999-02-12 | H.M. |
| 1999-02-08 | Appellant's book of authorities, (extension of time requested), Completed on: 1999-02-08 | N.H. |
| 1999-01-14 | Notice of hearing | N.H. |
| 1998-12-18 |
Appeal hearing scheduled, 1999-02-17 Judgment rendered |
|
| 1998-12-18 | Appeal perfected for hearing, Session beginning on 1999-01-18 | |
| 1998-12-18 | Respondent's record, Completed on: 1998-12-18 | H.M. |
| 1998-12-18 | Respondent's factum, Completed on: 1998-12-18 | M.H. |
| 1998-12-18 | Respondent's factum, 25 copies, Completed on: 1998-12-18 | H.M. |
| 1998-10-23 | Appellant's record, Vol. I and II (joint with A02), with service, Completed on: 1998-10-23 | N.H. |
| 1998-10-23 | Appellant's factum, (joint with A02), with service, Completed on: 1998-10-23 | N.H. |
| 1998-08-06 | Correspondence (sent by the Court) to, from Gowling, letter dated Aug. 6, 1998 re: will act as agent for Melissa Haimerl | |
| 1998-07-30 | $10.00 fee for depositing security, receipt no. 30914 | N.H. |
| 1998-07-30 | $500 security deposit paid, receipt no. 2460 | N.H. |
| 1998-07-23 | Proof of service, of the notice of appeal | |
| 1998-06-26 | Correspondence (sent by the Court) to, sent to Derrick A. Daniels, Downtown Law Clinic, James G. Martin and Grey Casgrain re: Rule 32 | |
| 1998-06-23 | Notice of appeal, With service, Completed on: 1998-06-23 | N.H. |
| 1998-06-23 | Order granting leave to appeal | |
| 1998-06-18 |
Judgment of the Court on the application for leave to appeal, Co Ma Bi, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1998-06-18 | Notice of deposit of judgment issued to all parties, all parties | |
| 1998-05-25 | All materials on application for leave submitted to the Judges, Co Ma Bi | |
| 1998-05-25 | Order on motion to extend time, to file their reply | |
| 1998-05-25 |
Decision on motion to extend time, to file their reply to May 19/98, Reg Granted, no order as to costs |
|
| 1998-05-25 | Submission of motion to extend time, 1998-05-25, to file their reply to May 19/98, Reg | |
| 1998-05-22 | Response to motion to extend time, to file the reply, Completed on: 1998-05-22 | H.M. |
| 1998-05-22 | $50.00 filing fee for a notice of motion, receipt #30645 | N.H. |
| 1998-05-22 | Affidavit, to serve and file the reply; Eduard J. Van Bemmel | N.H. |
| 1998-05-22 | Motion to extend time, to serve and file the reply, Completed on: 1998-05-22 | N.H. |
| 1998-05-19 | Applicant's reply to respondent's argument, to H.M.'s response 5 copies (extension of time requested), Completed on: 1998-05-19 | N.H. |
| 1998-05-01 | Respondent's response on the application for leave to appeal, 5 copies, Completed on: 1998-05-01 | H.M. |
| 1998-04-30 | Respondent's response on the application for leave to appeal, 5 copies, Completed on: 1998-04-30 | M.H. |
| 1998-04-16 | Proof of service, of leave application | |
| 1998-04-07 | Correspondence received from, sent to Gowling, Strathy & Henderson, James G. Martin, Derrick A. Daniels and Downtown Law Clinic re: receipt of application for leave to appeal | |
| 1998-04-02 | $50.00 filing fee, receipt no. 30392 | N.H. |
| 1998-04-02 | Application for leave to appeal, 5 copies (service missing), Completed on: 1998-04-16 | N.H. |
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 |
|---|---|---|
| D.H. | Appellant | Active |
| N.H. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| H.M. | Respondent | Active |
| M.H. | Respondent | Active |
| Director of Child, Family and Community Services | Respondent | Active |
Counsel
Party: N.H.
Counsel
2102 - 3410 rue Peel
Montréal, Quebec
H3A 1W8
Telephone: (514) 288-6180
FAX: (514) 288-8908
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: D.H.
Counsel
2102 - 3410 rue Peel
Montréal, Quebec
H3A 1W8
Telephone: (514) 288-6180
FAX: (514) 288-8908
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: H.M.
Counsel
1900 - 155 Carlton Street
Winnipeg, Manitoba
R3C 3H8
Telephone: (204) 942-3361
FAX: (204) 942-3362
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Party: M.H.
Counsel
James G. Martin
North Vancouver, British Columbia
V7M 3J9
Telephone: (604) 990-1668
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Director of Child, Family and Community Services
Counsel
Family & Community Services
922 - 470 Granville St
Vancouver, British Columbia
V6C 1V5
Telephone: (604) 669-0090
FAX: (604) 669-8067
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
F950814
Custody awarded to Applicants N.H. and D.H.
Court of Appeal for British Columbia (Vancouver)
CA023739
Appeal allowed; custody awarded to Respondent H.M.
Memorandums of argument on application for leave to appeal
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 filing 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
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Related links
Factums on appeal
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