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.
27992
Patrick Berry, et al. v. Chris Pulley, et al.
(Ontario) (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) |
|---|---|---|
| 2002-08-20 | Record returned to the Registrar of the Court of Appeal | |
| 2002-06-26 | Appeal closed | |
| 2002-06-11 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2002-05-02 | Copy of formal judgment being prepared | |
| 2002-04-29 | Notice of deposit of judgment sent to all parties | |
| 2002-04-25 |
Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal is dismissed with costs. Dismissed, with costs |
|
| 2001-11-09 | Transcript received, and distributed to the judges (83 pages) | |
| 2001-10-30 | Judgment reserved OR rendered with reasons to follow | |
| 2001-10-30 |
Hearing of the appeal, 2001-10-30, (V089), CJ L'HD G Ia Ma Ba Bi Arb LeB Judgment reserved |
|
| 2001-10-30 | Acknowledgement and consent for video taping of proceedings | |
| 2001-10-24 | Book of authorities, re: reply (see order) (sent to panel on Oct. 24, 2001), Completed on: 2001-10-24 | Patrick Berry |
| 2001-10-24 | Reply factum on appeal, (see order) (sent to panel on Oct. 24, 2001), Completed on: 2001-10-24 | Patrick Berry |
| 2001-10-23 |
Decision on the motion to file a reply factum on appeal, Arb, The motion for an order permitting the appellants to file a factum and supplemental brief of authorities which responds to the factum of the intervener, Canadian Labour Congress and replies to the factum of the respondents Pulley, Fraser, Jenson and Griffith is granted. Granted, no order as to costs |
|
| 2001-10-23 | Submission of motion to file a reply factum on appeal, Arb | |
| 2001-10-18 | Reply to motion to file a reply factum on appeal, (Letter Form), B. Glustein dated Oct. 18, 2001 (fax copy), Completed on: 2001-10-18 | Patrick Berry |
| 2001-10-18 |
Decision on motion for additional time to present oral argument, Arb, by the appellants for an addtional 15 minutes. Dismissed, no order as to costs |
|
| 2001-10-18 | Submission of motion for additional time to present oral argument, Arb | |
| 2001-10-15 | Response to motion to file a reply factum on appeal, (Letter Form), from D. Brown dated Oct. 15, 2001 (fax copy), Completed on: 2001-10-15 | Chris Pulley |
| 2001-10-15 | Response to the motion for additional time to present oral argument, (Letter Form), from S. Waller dated October 9, 2001 (fax copy), Completed on: 2001-10-15 | Chris Pulley |
| 2001-10-11 | Motion to file a reply factum on appeal, (to file a factum and suppl. authorities which i) responds to the intervener, Can. Labour and ii) replies to the Respondents, Pulley et al - (attached 1 copy of these factum and authorities), Completed on: 2001-10-11 | Patrick Berry |
| 2001-10-05 | Motion for additional time to present oral argument, (by 15 minutes), Completed on: 2001-10-05 | Patrick Berry |
| 2001-09-26 | Order on motion for leave to intervene, (15 MINUTES ORAL ARGUMENT GRANTED - L'HEUREUX-DUBÉ J.) | |
| 2001-09-20 |
Decision on motion for additional time to present oral argument, Arb, on behalf of the respondents (to a total of 90 minutes). Dismissed, no order as to costs |
|
| 2001-09-20 | Submission of motion for additional time to present oral argument, Arb | |
| 2001-09-19 | Book of authorities, Completed on: 2001-09-19 | The Canadian Labour Congress |
| 2001-09-19 | Intervener's factum, Completed on: 2001-09-19 | The Canadian Labour Congress |
| 2001-09-14 |
Decision on motion to extend time, Reg, to serve and file the record, factum and book of authorities of the respondent Kent Hardisty to Aug. 27, 2001. Granted, no order as to costs |
|
| 2001-09-14 | Submission of motion to extend time, Reg | |
| 2001-09-12 | Response to the motion for additional time to present oral argument, (Letter Form), letter (by fax) from F.J.C. Newbould dated Sept. 12/01, Completed on: 2001-09-12 | Patrick Berry |
| 2001-09-05 | Notice of hearing | Patrick Berry |
| 2001-09-05 | Motion for additional time to present oral argument, (to a total of 90 minutes), Completed on: 2001-09-05 | Chris Pulley |
| 2001-09-05 |
Appeal hearing scheduled, 2001-10-30 Judgment reserved |
|
| 2001-08-31 | Respondent's book of authorities, Completed on: 2001-08-31 | Chris Pulley |
| 2001-08-31 | Respondent's record, Completed on: 2001-08-31 | Chris Pulley |
| 2001-08-31 | Respondent's factum, (see decision dated Aug. 24/01 for factum, record & authorities), Completed on: 2001-08-31 | Chris Pulley |
| 2001-08-27 | Motion to extend time, to file the factum, record aud authorities to Aug. 27, 2001, Completed on: 2001-08-27 | Kent Hardisty |
| 2001-08-27 | Respondent's book of authorities, Completed on: 2001-08-27 | Kent Hardisty |
| 2001-08-27 | Respondent's record, Completed on: 2001-08-27 | Kent Hardisty |
| 2001-08-27 | Supplemental document, 24 copies of Schedule "A" - Statute or Rule | Kent Hardisty |
| 2001-08-27 | Respondent's factum, Completed on: 2001-08-27 | Kent Hardisty |
| 2001-08-24 |
Decision on motion to extend time, Reg, to serve and file the record, factum and book of authorities of the respondents Pulley et al. to Aug. 31, 2001. Granted, no order as to costs |
|
| 2001-08-24 | Submission of motion to extend time, Reg | |
| 2001-08-23 | Response to motion to extend time, Completed on: 2001-08-23 | Kent Hardisty |
| 2001-08-23 | Response to motion to extend time, (Letter Form), from Borden Ladner Gervais dated July 9/01, Completed on: 2001-08-23 | Patrick Berry |
| 2001-08-23 | Motion to extend time, to serve and file the factum, record and authorities to Aug. 31/01 (2 copies), Completed on: 2001-08-23 | Chris Pulley |
| 2001-08-07 | Appeal perfected for hearing, Session beginning on 2001-10-01 | |
| 2001-07-24 | Order on motion to add or substitute parties, (by the Deputy Registrar) | |
| 2001-07-24 |
Decision on motion to add or substitute parties, DeRg, UPON APPLICATION by counsel on behalf of Kent Hardisty, as a representative of the members of the Air Line Pilots Association, for an order pursuant to Rule 17 of the Rules of the Supreme Court of Canada adding Kent Hardisty as a respondent to the above appeal; AND HAVING READ the material filed ; IT IS HEREBY ORDERED THAT: 1. Kent Hardisty be added as a respondent to the appeal; 2. The factum is to be served and filed on or before August 13, 2001. Granted, no order as to costs |
|
| 2001-07-24 | Submission of motion to add or substitute parties, DeRg | |
| 2001-07-20 | Reply to motion to add or substitute parties, (fax) from Barry Wadsworth., Completed on: 2001-07-20 | Kent Hardisty |
| 2001-07-04 | Response to motion to add or substitute parties, (letter form) from Dougald Brown re: consent to the motion to add parties, Completed on: 2001-07-04 | Chris Pulley |
| 2001-07-03 | Response to motion to add or substitute parties, (Letter Form), from F. Newbould re: if motion to add is granted, an extension to file material should not be granted and oral argument of the appellants should not be affected, Completed on: 2001-07-03 | Patrick Berry |
| 2001-06-22 | Motion to add or substitute parties, for Kent Hardisty to be added as a responding party (book form), Completed on: 2001-06-22 | Kent Hardisty |
| 2001-06-14 | Appeal court record, (1 box) | |
| 2001-06-12 | Appellant's book of authorities, Completed on: 2001-06-12 | Patrick Berry |
| 2001-06-12 | Appellant's book of authorities, Vol. I & II, Completed on: 2001-06-12 | Patrick Berry |
| 2001-06-12 | Appellant's record, Vol. I & II, Completed on: 2001-06-12 | Patrick Berry |
| 2001-06-12 | Appellant's factum, Completed on: 2001-06-12 | Patrick Berry |
| 2001-06-01 | Order on motion for leave to intervene, (by the Court) | |
| 2001-06-01 |
Decision on the motion for leave to intervene, L'HD, by the CANADIAN LABOUR CONGRESS. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES OF ORAL ARGUMENT GRANTED SEPT. 26, 2001). The intervener shall not be entilted to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 18(6) the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the intervention. Granted, no order as to costs |
|
| 2001-06-01 | Submission of motion for leave to intervene, L'HD | |
| 2001-05-30 | Reply to the motion for leave to intervene, (Letter Form), from J. Baigent dated May 30/01 (by fax)(original received June 4, 2001), Completed on: 2001-05-30 | The Canadian Labour Congress |
| 2001-05-16 | Response to the motion for leave to intervene, (Letter Form), from F.J.C. Newbould dated May 16/01 (by fax), Completed on: 2001-05-16 | Patrick Berry |
| 2001-05-09 | Response to the motion for leave to intervene, (Letter Form), from Nelligan, O'Brien, Payne, Completed on: 2001-05-09 | Chris Pulley |
| 2001-05-09 | Motion for leave to intervene, book form, Completed on: 2001-05-09 | The Canadian Labour Congress |
| 2001-02-23 | Letter acknowledging receipt of notice of appeal | |
| 2001-02-19 | Notice of deposit for security | Patrick Berry |
| 2001-02-15 | Order granting leave to appeal | |
| 2001-02-13 | Notice of appeal, Completed on: 2001-02-13 | Patrick Berry |
| 2001-01-19 | Notice of deposit of judgment issued to all parties | |
| 2001-01-18 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 2000-11-14 | All materials on application for leave submitted to the Judges, G Bi Arb | |
| 2000-07-25 | Applicant's reply to respondent's argument, Completed on: 2000-07-25 | Patrick Berry |
| 2000-07-21 | Correspondence received, from B. Shell representing a third party (Michael Lynch) dated July 20, 2000 re: does not intend to respond | |
| 2000-07-18 | Book of authorities, Completed on: 2000-07-18 | Chris Pulley |
| 2000-07-18 | Respondent's response on the application for leave to appeal, (service by courier), Completed on: 2000-07-18 | Chris Pulley |
| 2000-07-07 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2000-06-26 | Book of authorities, Completed on: 2000-06-26 | Patrick Berry |
| 2000-06-26 | Application for leave to appeal, Completed on: 2000-06-26 | Patrick Berry |
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 |
|---|---|---|
| Berry, Patrick | Appellant | Active |
| James Deluce, Jeffrey Karelsen, Robert James Simerson and Ernest Zurkan | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Pulley, Chris | Respondent | Active |
| Tom Fraser, Lars T. Jensen and James Griffith | Respondent | Active |
| Hardisty, Kent | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| The Canadian Labour Congress | Intervener | Active |
Counsel
Party: Berry, Patrick
Counsel
Joseph M.P. Weiler
Benjamin T. Glustein
Scotia Plaza, 40 King Street West
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6026
FAX: (416) 361-2729
Email: fnewboul@borden.com
Agent
World Exchange Plaza
1100 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: cbrown@blgcanada.com
Party: James Deluce, Jeffrey Karelsen, Robert James Simerson and Ernest Zurkan
Counsel
Joseph M.P. Weiler
Benjamin T. Glustein
Scotia Plaza, 40 King Street West
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6026
FAX: (416) 361-2729
Email: fnewboul@borden.com
Agent
World Exchange Plaza
1100 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: cbrown@blgcanada.com
Party: Pulley, Chris
Counsel
Eric Pietersma
1900 - 66 Slater Street
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Email: steve.waller@nelligan.ca
Party: Tom Fraser, Lars T. Jensen and James Griffith
Counsel
Eric Pietersma
1900 - 66 Slater Street
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Email: steve.waller@nelligan.ca
Party: Hardisty, Kent
Counsel
Barry E. Wadsworth
Suite 401
672 Dupont Street
Toronto, Ontario
M6G 1Z6
Telephone: (416) 539-0226
FAX: (416) 539-0565
Email: brian@shelljacobs.com
Agent
1600 - 220 Laurier Ave West
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 567-2901
FAX: (613) 567-2921
Party: The Canadian Labour Congress
Counsel
706 Cliff Ave
Box 309
Enderby, British Columbia
V0E 1V0
Telephone: (250) 838-2111
FAX: (250) 838-0333
Email: jbaigent@sunwave.net
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
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.
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Lower court rulings
Ontario Superior Court of Justice
97-CV-135179
see file
Court of Appeal for Ontario
C32366
Appeal / Cross-appeal, both dismissed with costs
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