Case information
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27897
Kimberly Van de Perre v. Theodore Edwards, 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) |
|---|---|---|
| 2001-12-12 | Record returned to the Registrar of the Court of Appeal | |
| 2001-10-05 | Appeal closed | |
| 2001-10-05 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2001-10-03 | Copy of formal judgment being prepared | |
| 2001-10-01 | Notice of deposit of judgment sent to all parties | |
| 2001-09-28 |
Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal is allowed. The judgment of the British Columbia Court of Appeal is set aside with costs throughout and the decision of Warren J. is restored. Allowed, costs in this Court and courts below |
|
| 2001-07-03 | Transcript received, and distributed to the justices (86 pages) | |
| 2001-06-14 | Judgment reserved OR rendered with reasons to follow | |
| 2001-06-14 | Judgment reserved OR rendered with reasons to follow, Judgment rendered and reasons to follow | |
| 2001-06-14 |
Hearing of the appeal, 2001-06-14, (V062), CJ L'HD G Ia Ma Ba Bi Arb LeB Judgment reserved |
|
| 2001-06-14 | Supplemental document, Interveners' condensed book given in Court | The African Canadian Legal Clinic, the Association of Black Social Workers and the Jamaican Canadian Association |
| 2001-06-14 | Respondent's condensed book, given in Court | Theodore Edwards |
| 2001-06-14 | Acknowledgement and consent for video taping of proceedings | |
| 2001-06-11 | Notice of appearance, (fax copy) | Kimberly Van de Perre |
| 2001-06-06 | Notice of appearance | Theodore Edwards |
| 2001-06-05 | Notice of appearance, of Sheena Scott and Marie Chen at the hearing | The African Canadian Legal Clinic, the Association of Black Social Workers and the Jamaican Canadian Association |
| 2001-05-24 | Book of authorities, vol. 1 to 4, Completed on: 2001-05-24 | The African Canadian Legal Clinic, the Association of Black Social Workers and the Jamaican Canadian Association |
| 2001-05-24 | Intervener's factum, 25 copies (see order), Completed on: 2001-05-24 | The African Canadian Legal Clinic, the Association of Black Social Workers and the Jamaican Canadian Association |
| 2001-05-24 | Order on motion for leave to intervene, ( 20 MINUTES ORAL ARGUMENT GRANTED BY L'HEUREUX-DUBÉ J. ) | |
| 2001-05-22 |
Decision on motion to file a lengthy factum, L'HD, of forty (40) pages by the intervener African Canadian Legal Clinic et al. Granted, no order as to costs |
|
| 2001-05-22 | Submission of motion to file a lengthy factum, L'HD | |
| 2001-05-18 | Response to the motion to file a lengthy factum, Completed on: 2001-05-18 | Kimberly Van de Perre |
| 2001-05-09 | Response to the motion to file a lengthy factum, (Letter Form), letter from Barbara E. Bulmer dated May 8/01, Completed on: 2001-05-09 | Theodore Edwards |
| 2001-05-09 | Motion to file a lengthy factum, up to 40 pages, Completed on: 2001-05-09 | The African Canadian Legal Clinic, the Association of Black Social Workers and the Jamaican Canadian Association |
| 2001-04-27 | Respondent's book of authorities, Completed on: 2001-04-27 | Theodore Edwards |
| 2001-04-27 | Respondent's factum, (see decision dated March 1/01), Completed on: 2001-04-27 | Theodore Edwards |
| 2001-04-24 | Respondent's record, Vol. I to V (see decision dated March 1/01), Completed on: 2001-04-24 | Theodore Edwards |
| 2001-04-24 | Notice of hearing | Kimberly Van de Perre |
| 2001-03-16 |
Appeal hearing scheduled, 2001-06-14 Judgment reserved |
|
| 2001-03-06 | Appeal court record, (1 package) | |
| 2001-03-01 | Appeal perfected for hearing, Session beginning on 2001-04-17 | |
| 2001-03-01 | Order on motion to extend time, (by the Court) | |
| 2001-03-01 |
Decision on miscellaneous motion, Ba, by the respondents (see decision of same date on appellant's extension of time) Allowed in part, no order as to costs |
|
| 2001-03-01 |
Decision on motion to extend time, Ba, 1) The application by the appellant for an order extending the time to serve and file its factum and book of authorities to February 15, 2001, and for an order extending the time to serve and file 12 copies of an appellant's supplementary record to February 15, 2001 is granted; 2) The application by the respondents for an order that the stay of the order of the British Columbia Court of Appeal be vacated pending the hearing of the appeal so that the order of the British Columbia Court of Appeal that the respondents have joint custody of the infant child, with generous access to the appellant be in effect is denied; 3) The application by the respondents for an order that pending the hearing of the appeal, the child's access to the appellant and to the respondents continue to be equally divided between the appellant and respondents, as it has been during the continuance of the stay of the order of the British Columbia Court of Appeal is denied; 4) The respondents shall serve and file their factum, record and book of authorities on or before April 27, 2001; 5) The hearing of this appeal be scheduled for the week of June 11 or June 18, 2001. Allowed in part, no order as to costs |
|
| 2001-03-01 | Submission of miscellaneous motion, Ba | |
| 2001-03-01 | Submission of motion to extend time, Ba | |
| 2001-02-28 | Correspondence received from, B.J. Sinclair dated Feb. 28/01 re: amended page 1 of the Respondents' Reply to Cross-Motion (served on Feb. 28/01) | Theodore Edwards |
| 2001-02-27 | Reply to motion to extend time, (Respondents' Reply to Cross-Motion - book form), Completed on: 2001-02-27 | Theodore Edwards |
| 2001-02-23 | Reply to motion to extend time, (book form) (joint with Response to Cross-Motion) (original filed Feb. 26/01), Completed on: 2001-02-23 | Kimberly Van de Perre |
| 2001-02-19 | Notice of miscellaneous motion, by the respondents (included in response to motion to extend time) (book form), Completed on: 2001-02-19 | Theodore Edwards |
| 2001-02-19 | Response to motion to extend time, (joint with Cross-Motion - book form), Completed on: 2001-02-19 | Theodore Edwards |
| 2001-02-15 | Appellant's book of authorities, Completed on: 2001-02-15 | Kimberly Van de Perre |
| 2001-02-15 | Appellant's record, Vol. III (Supplemental) (12 copies) (see motion filed Feb. 9/01), Completed on: 2001-02-15 | Kimberly Van de Perre |
| 2001-02-15 | Appellant's factum, Completed on: 2001-02-15 | Kimberly Van de Perre |
| 2001-02-09 | Motion to extend time, to file the factum, authorities and 12 copies of supplemental record vol. III to Feb. 15, 2001 (original of Affidavit rec'd Feb. 12/01), Completed on: 2001-02-09 | Kimberly Van de Perre |
| 2001-01-09 | Notice of change of counsel, from D. Mossop to S. Mansfield | Kimberly Van de Perre |
| 2000-11-10 | Order on motion for leave to intervene, (by the Court) | |
| 2000-11-10 |
Decision on the motion for leave to intervene, L'HD, and extension of time by the AFRICAN CANADIAN LEGAL CLINIC, THE ASSOCIATION OF BLACK SOCIAL WORKERS and THE JAMAICAN CANADIAN ASSOCIATION. A joint factum is limited to 20 pages. The request to present oral argument is deferred to a rota judge following receipt and consideration of the written arguments of the parties and interveners ( 20 MINUTES ORAL ARGUMENT GRANTED MAY 24, 2001). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention. Granted, no order as to costs |
|
| 2000-11-10 | Submission of motion for leave to intervene, L'HD | |
| 2000-10-25 | Response to the motion for leave to intervene, (Letter Form), from F. E. Maxwell dated Oct. 25, 2000, Completed on: 2000-10-25 | Theodore Edwards |
| 2000-10-19 | Appellant's record, Vol. I & II, Completed on: 2000-10-19 | Kimberly Van de Perre |
| 2000-10-19 | Motion for leave to intervene, (joint with extension of time) - book form, Completed on: 2000-10-19 | The African Canadian Legal Clinic, the Association of Black Social Workers and the Jamaican Canadian Association |
| 2000-07-05 | Letter acknowledging receipt of notice of appeal | |
| 2000-07-04 | Notice of deposit for security | Kimberly Van de Perre |
| 2000-07-04 | Notice of appeal, Completed on: 2000-07-04 | Kimberly Van de Perre |
| 2000-06-30 | Notice of deposit of judgment issued to all parties | |
| 2000-06-29 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted with costs and the stay is extended until the hearing of the appeal. Granted, with costs |
|
| 2000-06-28 | Correspondence received from, (by fax) Barbara E. Bulmer; re: Publication ban set aside | Theodore Edwards |
| 2000-06-15 | Applicant's reply to respondent's argument, sent to Panel June 15/00, Completed on: 2000-06-15 | Kimberly Van de Perre |
| 2000-06-13 | All materials on application for leave submitted to the Judges, L'HD Ba LeB | |
| 2000-06-09 | Order on motion to strike out | |
| 2000-06-09 |
Decision on motion to strike out, Bi, 1. On consent, the time for serving & filing the within motion is abridged, and the affidavit of Susan B. Boyd is hereby struck from the leave record. 2. The application of the respondents for an extension of time to file their response to the leave application is dismissed. 3. This Court having agreed to deal with this leave application on an expedited basis, notes the comment of Hall J.A. at paragraph 14 of his reasons for decision of March 22, 2000, that I propose to grant a stay until June 15 2000 and the stay is to that date or to such date as the Supreme Court of Canada deals with a leave application if that date should be earlier than 15 June. Thus the terms of the stay will ensure that it will not extend beyond 15 June without further application. In the circumstances, to save further expense to the parties, this Court orders that the stay is hereby extended to such date as this Court disposes of the leave application. 4. There are to be no costs of these motions. Granted, no order as to costs |
|
| 2000-06-09 | Submission of motion to strike out, Bi | |
| 2000-06-08 | Respondent's response on the application for leave to appeal, Completed on: 2000-06-12 | Theodore Edwards |
| 2000-06-08 | Response to motion to strike out, from D. Mossop, Q.C. dated June 7/00 (book form), Completed on: 2000-06-08 | Kimberly Van de Perre |
| 2000-06-05 | Motion to strike out, the Affidavit of Susan B. Boyd and for extension of time to serve and file the Response to 30 days after revised application or dismissal of motion (book form), Completed on: 2000-06-05 | Theodore Edwards |
| 2000-05-29 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2000-05-08 | Correspondence received from, D. Mossop dated May 5, 2000 re: requesting to expedite leave application | Kimberly Van de Perre |
| 2000-05-08 | Application for leave to appeal, Completed on: 2000-05-08 | Kimberly Van de Perre |
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 |
|---|---|---|
| Van de Perre, Kimberly | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Edwards, Theodore | Respondent | Active |
| Cooper Edwards, Valerie | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| The African Canadian Legal Clinic, the Association of Black Social Workers and the Jamaican Canadian Association | Intervener | Active |
Counsel
Party: Van de Perre, Kimberly
Counsel
Kenneth B. Oliver
818 - 1550 Alberni Street
Vancouver, British Columbia
V6G 1A5
Telephone: (604) 669-8900
FAX: (604) 669-8850
Email: sm@bayshorelaw.com
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Edwards, Theodore
Counsel
Barbara E. Bulmer
900 Helmcken Street
Vancouver, British Columbia
V6Z 1B3
Telephone: (604) 669-4912
FAX: (604) 662-3975
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: bsinclair@langmichener.ca
Party: Cooper Edwards, Valerie
Counsel
Barbara E. Bulmer
900 Helmcken Street
Vancouver, British Columbia
V6Z 1B3
Telephone: (604) 669-4912
FAX: (604) 662-3975
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: bsinclair@langmichener.ca
Party: The African Canadian Legal Clinic, the Association of Black Social Workers and the Jamaican Canadian Association
Counsel
Marie Chen
306-330 Bay Street
Toronto, Ontario
M5H 2S8
Telephone: (416) 214-4747
FAX: (416) 214-4748
Email: scotts@lao.on.ca
Agent
406 - 1355 Bank St
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401
Summary
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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.
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Lower court rulings
Supreme Court of British Columbia
F970348
see file
Court of Appeal for British Columbia (Vancouver)
CA025709
see file
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
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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
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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
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