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28093

Family Insurance Corporation v. Lombard Canada Ltd.

(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)
2002-08-20 Appeal closed
2002-08-20 Record returned to the Registrar of the Court of Appeal
2002-07-24 Payment out cheque issued, (cheque # 275202862569 in the amount of $519.99 issued to Clark Wilson in Trust)
2002-07-11 Approved order for payment out, (Sent to Finance on July 12, 2002)
2002-07-11 Decision on miscellaneous motion, Reg, for payment out.
Granted
2002-07-11 Submission of miscellaneous motion, Reg
2002-06-24 Notice of miscellaneous motion, for payment out of the security for costs., Completed on: 2002-06-24 Family Insurance Corporation
2002-06-13 Appeal closed
2002-06-11 Formal judgment sent to the registrar of the court of appeal and all parties
2002-05-24 Copy of formal judgment being prepared
2002-05-24 Notice of deposit of judgment sent to all parties
2002-05-23 Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb, The appeal is allowed and the trial judge's decision is restored, with costs to the appellant throughout.
Allowed, costs in this Court and courts below
2002-03-11 Supplemental document, Appellant's Supplementary Book of Authorities (distributed to the Court on Mach 11/02) Family Insurance Corporation
2002-02-22 Transcript received, 82 pages
2002-02-19 Judgment reserved OR rendered with reasons to follow
2002-02-19 Hearing of the appeal, 2002-02-19, (V017), CJ G Ia Ma Ba Bi Arb
Judgment reserved
2002-02-18 Acknowledgement and consent for video taping of proceedings
2002-02-18 Appellant's condensed book, (joint with book of excerpts) Family Insurance Corporation
2002-02-18 Correspondence received from, Neo J. Tuytel dated Feb. 12/02 with copies of 2 judgments and a copy of the Agreement of Guiding Principles (Property Insurance) Family Insurance Corporation
2002-02-11 Notice of appearance, of Patrick J. Monaghan at the hearing of the appeal Canadian Universities' Reciprocal Insurance Exchange (CURIE)
2002-02-08 Notice of appearance, of Neo J. Tuytel and Jonathan L.S. Hodes at the hearing of the appeal Family Insurance Corporation
2002-02-05 Notice of appearance, of James H. MacMaster and Donald B. Lebans at the hearing of the appeal Lombard Canada Ltd.
2002-02-01 Notice of hearing Family Insurance Corporation
2002-01-17 Order on motion for leave to intervene, (15 MINUTES ORAL ARGUMENT GRANTED BY L'HEUREUX-DUBÉ J.)
2001-12-04 Appeal hearing scheduled, 2002-02-19
Judgment reserved
2001-11-26 Correspondence received from, B. Sinclair dated Nov. 26, 2001 re: including service of pages 7A and 7B of appellant's record Family Insurance Corporation
2001-11-21 Correspondence received from, Neo J. Tuytel dated Nov. 20/01 re: amended factum only correct typographical errors Family Insurance Corporation
2001-11-21 Appellant's factum, AMENDED (to replace the factum filed on July 9/01) (see letter of Neo J. Tuytel dated Nov. 20/01), Completed on: 2001-11-21 Family Insurance Corporation
2001-10-17 Book of authorities, Completed on: 2001-10-17 Canadian Universities' Reciprocal Insurance Exchange (CURIE)
2001-10-17 Intervener's factum, Completed on: 2001-10-17 Canadian Universities' Reciprocal Insurance Exchange (CURIE)
2001-09-25 Order on motion to extend time
2001-09-25 Decision on motion to extend time, DeRg, to serve and file the respondent's factum and book of authorities to Sept. 19, 2001.
Granted, no order as to costs
2001-09-25 Submission of motion to extend time, DeRg
2001-09-19 Respondent's book of authorities, Completed on: 2001-09-19 Lombard Canada Ltd.
2001-09-19 Respondent's factum, Completed on: 2001-09-19 Lombard Canada Ltd.
2001-09-19 Motion to extend time, to serve and file the factum and authorities (1 copy), Completed on: 2001-09-19 Lombard Canada Ltd.
2001-09-05 Correspondence received from, S.J. Grace dated Sept. 5/01 (by fax) re: respondents will file their documents by Sept. 14/01 with an extension of time Lombard Canada Ltd.
2001-09-04 Appeal perfected for hearing, Session beginning on 2002-01-14
2001-07-09 Appellant's book of authorities, Vol. I & II, Completed on: 2001-07-09 Family Insurance Corporation
2001-07-09 Appellant's record, Completed on: 2001-07-09 Family Insurance Corporation
2001-07-09 Appellant's factum, (See AMENDED Appellant's Factum filed on Nov. 21/01), Completed on: 2001-07-09 Family Insurance Corporation
2001-07-04 Order granting leave to appeal
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 UNIVERSITIES' RECIPROCAL INSURANCE EXCHANGE. 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 ORAL ARGUMENT GRANTED JAN. 17, 2002). 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 appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention.
Granted, no order as to costs
2001-06-01 Submission of motion for leave to intervene, L'HD
2001-05-29 Reply to the motion for leave to intervene, book form, Completed on: 2001-05-29 Canadian Universities' Reciprocal Insurance Exchange (CURIE)
2001-05-28 Response to the motion for leave to intervene, (Letter Form), from N. Tuytel dated May 28, 2001 (fax copy), Completed on: 2001-05-28 Family Insurance Corporation
2001-05-22 Response to the motion for leave to intervene, (book form), Completed on: 2001-05-22 Lombard Canada Ltd.
2001-05-14 Correspondence received from, S. Grace dated May 12, 2001 (fax copy) re: will not be able to respond to the motion to intervene until May 22, 2001 Lombard Canada Ltd.
2001-05-07 Motion for leave to intervene, (book form), Completed on: 2001-05-07 Canadian Universities' Reciprocal Insurance Exchange (CURIE)
2001-04-03 Correspondence received from, B.J. Sinclair dated Apr. 3/01 (by fax) re: difficulties with B.C. Trial Court file being release to S.C.C. Family Insurance Corporation
2001-03-28 Appeal court record, (1 envelope)
2001-03-12 Notice of deposit for security Family Insurance Corporation
2001-03-08 Letter acknowledging receipt of notice of appeal
2001-03-07 Notice of appeal, Completed on: 2001-03-07 Family Insurance Corporation
2001-02-16 Notice of deposit of judgment issued to all parties
2001-02-15 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted with costs to the applicant in any event of the cause.
Granted, with costs to the applicant(s) in any event of the cause
2001-01-22 All materials on application for leave submitted to the Judges, G Ma Bi
2000-10-25 Letter acknowledging receipt of a complete application for leave to appeal
2000-10-10 Correspondence received from, J. V. Loignon dated Oct. 10/00 re: corrections in index Book of Authorities and Reply Family Insurance Corporation
2000-10-02 Applicant's reply to respondent's argument, Completed on: 2000-10-02 Family Insurance Corporation
2000-09-27 Respondent's response on the application for leave to appeal, Completed on: 2000-09-27 Lombard Canada Ltd.
2000-08-29 Book of authorities, Completed on: 2000-08-29 Family Insurance Corporation
2000-08-29 Application for leave to appeal, Completed on: 2000-08-29 Family Insurance Corporation

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
Family Insurance Corporation Appellant Active

v.

Main parties - Respondents
Name Role Status
Lombard Canada Ltd. Respondent Active

Other parties

Other parties
Name Role Status
Canadian Universities' Reciprocal Insurance Exchange (CURIE) Intervener Active

Counsel

Party: Family Insurance Corporation

Counsel
Names
Neo J. Tuytel
Jonathan L.S. Hodes
Contact information
Clark, Wilson
800 - 885 West Georgis Street
Vancouver, British Columbia
V6C 3H1
Telephone: (604) 687-5700
FAX: (604) 697-6314
Agent
Name
Barbara Sinclair
Contact information
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: bsinclair@langmichener.ca

Party: Lombard Canada Ltd.

Counsel
Names
James H. MacMaster
Donald B. Lebans
Contact information
Branch, MacMaster
1210 - 777 Hornby Street
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 654-2999
FAX: (604) 684-3429
Agent
Name
Stephen J. Grace
Contact information
Maclaren Corlett
Suite 1625
50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: sgrace@macorlaw.com

Party: Canadian Universities' Reciprocal Insurance Exchange (CURIE)

Counsel
Name
Patrick J. Monaghan
Contact information
Black Sutherland LLP
401 Bay Street, P. O. Box 101
Suite 2700
Toronto, Ontario
M5H 2Y4
Telephone: (416) 361-1500
FAX: (416) 361-1674
Email: pmonaghan@bsc-law.net
Agent
Name
Jeffrey W. Beedell
Contact information
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca

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

February 24, 1999
Supreme Court of British Columbia

C976291

Order granted, equally dividing liability between insurers.

May 31, 2000
Court of Appeal for British Columbia (Vancouver)

CA025649

Respondent's appeal allowed; Appellant declared primary insurer.

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

Not available

Webcasts

Not available.

Date modified: 2025-05-13