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.
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.
| 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
| Name | Role | Status |
|---|---|---|
| Family Insurance Corporation | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Lombard Canada Ltd. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Universities' Reciprocal Insurance Exchange (CURIE) | Intervener | Active |
Counsel
Party: Family Insurance Corporation
Counsel
Jonathan L.S. Hodes
800 - 885 West Georgis Street
Vancouver, British Columbia
V6C 3H1
Telephone: (604) 687-5700
FAX: (604) 697-6314
Agent
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
Donald B. Lebans
1210 - 777 Hornby Street
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 654-2999
FAX: (604) 684-3429
Agent
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
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
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.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.
None.
Lower court rulings
Supreme Court of British Columbia
C976291
Order granted, equally dividing liability between insurers.
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
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