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.
28516
Estate of Mary Theresa McCunn by Her Executor P. Donald McCunn v. Canadian Imperial Bank of Commerce, 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) |
|---|---|---|
| 2002-11-04 | Record returned to the Registrar of the Court of Appeal | |
| 2002-09-30 | Appeal closed | |
| 2002-09-30 | Discontinuance of the appeal, (sent to the judges Sept. 30/02) | Estate of Mary Theresa McCunn by Her Executor P. Donald McCunn |
| 2002-09-30 | Correspondence received from, C.A. Villeneuve dated Sept. 30302 re: enclosing a Notice of Discontinuance | Estate of Mary Theresa McCunn by Her Executor P. Donald McCunn |
| 2002-09-09 | Appeal hearing scheduled, 2002-10-10 | |
| 2002-05-09 | Notice of hearing | Estate of Mary Theresa McCunn by Her Executor P. Donald McCunn |
| 2002-05-02 | Respondent's book of authorities, Completed on: 2002-05-02 | Canadian Imperial Bank of Commerce |
| 2002-05-02 | Respondent's factum, Completed on: 2002-05-02 | Canadian Imperial Bank of Commerce |
| 2002-04-30 | Appeal perfected for hearing, Session beginning on 2002-09-30 | |
| 2002-03-05 | Correspondence received from, Osler, Hoskin & Harcourt dated March 5/02 re: enclosing a revised p. 19 of the factum and an additional authority (inserted in books on March 20/02) | Estate of Mary Theresa McCunn by Her Executor P. Donald McCunn |
| 2002-03-04 | Appellant's record, Completed on: 2002-03-04 | Estate of Mary Theresa McCunn by Her Executor P. Donald McCunn |
| 2002-03-04 | Appellant's book of authorities, Completed on: 2002-03-04 | Estate of Mary Theresa McCunn by Her Executor P. Donald McCunn |
| 2002-03-04 | Appellant's factum, Completed on: 2002-03-04 | Estate of Mary Theresa McCunn by Her Executor P. Donald McCunn |
| 2002-03-01 | Order granting leave to appeal | |
| 2001-11-26 | Appeal court record, (1 box) | |
| 2001-11-01 | Letter acknowledging receipt of notice of appeal | |
| 2001-10-31 | Notice of deposit for security | Estate of Mary Theresa McCunn by Her Executor P. Donald McCunn |
| 2001-10-31 | Notice of appeal, (proof of service received Nov. 7, 2001), Completed on: 2001-10-31 | Estate of Mary Theresa McCunn by Her Executor P. Donald McCunn |
| 2001-10-09 | Correspondence (sent by the Court) to, all parties; re: filing timetable / tentative hearing date | |
| 2001-10-05 | Notice of deposit of judgment issued to all parties | |
| 2001-10-04 |
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 |
|
| 2001-08-07 | All materials on application for leave submitted to the Judges, G Ma Bi | |
| 2001-06-19 | Order on motion to extend time | |
| 2001-06-19 |
Decision on motion to extend time, Reg, to serve and file the respondents' response to June 15, 2001. Granted, no order as to costs |
|
| 2001-06-19 | Submission of motion to extend time, Reg | |
| 2001-06-14 | Response to motion to extend time, (fax copy), Completed on: 2001-06-14 | Estate of Mary Theresa McCunn by Her Executor P. Donald McCunn |
| 2001-06-14 | Motion to extend time, to file the response to June 15, 2001 - 1 copy, Completed on: 2001-06-14 | Canadian Imperial Bank of Commerce |
| 2001-06-14 | Respondent's response on the application for leave to appeal, Completed on: 2001-06-14 | Canadian Imperial Bank of Commerce |
| 2001-06-01 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2001-04-20 | Book of authorities, Completed on: 2001-04-20 | Estate of Mary Theresa McCunn by Her Executor P. Donald McCunn |
| 2001-04-17 | Court of Appeal casebooks and transcripts of evidence | |
| 2001-04-17 | Application for leave to appeal, (formal order of C.A. received July 20, 2001), Completed on: 2001-07-23 | Estate of Mary Theresa McCunn by Her Executor P. Donald McCunn |
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 |
|---|---|---|
| Estate of Mary Theresa McCunn by Her Executor P. Donald McCunn | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canadian Imperial Bank of Commerce | Respondent | Active |
| Mutual Life Assurance Company of Canada | Respondent | Active |
Counsel
Party: Estate of Mary Theresa McCunn by Her Executor P. Donald McCunn
Counsel
Patricia J. Wilson
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867
Party: Canadian Imperial Bank of Commerce
Counsel
2600-160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Party: Mutual Life Assurance Company of Canada
Counsel
2600-160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
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
Ontario Superior Court of Justice
98-CV-7625
Declaration contract of insurance existed
Court of Appeal for Ontario
C32521
Appeal allowed
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