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.
23033
Robert L. Hodgkinson v. David L. Simms & Jerry S. Waldman, carrying on business as Simms & Waldman, 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) |
|---|---|---|
| 1997-08-15 | Appeal closed | |
| 1995-03-14 | Record returned to the Registrar of the Court of Appeal | |
| 1994-11-09 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1994-11-09 | Copy of formal judgment being prepared, Scott & Aylen (Ottawa, ON) | |
| 1994-11-09 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON) | |
| 1994-10-03 | Notice of deposit of judgment sent to all parties, Scott & Aylen (Ottawa, ON) | |
| 1994-10-03 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON) | |
| 1994-09-30 |
Judgment on the appeal rendered, LaF L'HD So G McL Ia Ma, The appeal is allowed, the order of the British Columbia Court of Appeal is set aside and the order of the trial judge is restored, with costs throughout, including letter of credit costs to avoid a stay and allow recovery on the trial judgment pending appeal to the Court of Appeal. Sopinka, McLachlin and Major JJ. are dissenting. Allowed, no order as to costs |
|
| 1993-12-16 | General proceeding, transcripts received and distributed to the judges (97 pages) | |
| 1993-12-06 |
Hearing of the appeal, 1993-12-06, LaF L'HD So G McL Ia Ma Decision reserved |
|
| 1993-12-03 | Supplemental document, authorities (Tabs 50-53); 10 copies, with service | Robert L. Hodgkinson |
| 1993-11-30 | Book of authorities, 10 copies (SUPPLEMENTARY BRIEF OF AUTHORITIES - TABS 47-49) | David L. Simms & Jerry S. Waldman, carrying on business as Simms & Waldman |
| 1993-11-25 | Correspondence (sent by the Court) to, from Scott & Aylen; re: Mr. Glenn A. Urquhart and Arthur M. Grant will be counsel at the hearing and will take 1 hour for their submissions | |
| 1993-11-02 | Correspondence (sent by the Court) to, sent to Lerner & Ass. (Toronto, ON) re: letter dated Oct. 28/93 was received. | |
| 1993-11-02 | Book of authorities, 10 copies of vol. 1 and 2 (JOINT) | Robert L. Hodgkinson |
| 1993-11-01 | Correspondence (sent by the Court) to, from Earl A. Cherniak re: suggesting that Mr. Justice Cory not being member of the panel at the hearing of this appeal sent to CJ, Nov. 2/93 | |
| 1993-09-24 |
Appeal hearing scheduled, 1993-12-06 Decision reserved |
|
| 1993-05-07 | Correspondence (sent by the Court) to, of Glenn A. Urquhart (Singleton Urquhart) to advise the Court that he has no intention to raise a constitutional issue | |
| 1993-05-03 | Appeal perfected for hearing, Session beginning on 1993-10-04 | |
| 1993-05-03 | Respondent's factum, 24 copies, with service | David L. Simms & Jerry S. Waldman, carrying on business as Simms & Waldman |
| 1993-04-26 | Correspondence (sent by the Court) to, sent to Singleton, Urquhart, Macdonald (Vancouver, BC) re: Rule 32 enclosed | |
| 1993-04-26 | Correspondence (sent by the Court) to, sent to Walsh & Company (Vancouver, BC) re: Rule 32 enclosed | |
| 1993-04-19 | Appeal court record, (accordeon) | |
| 1993-04-14 | Trial court exhibits, 5 boxes | |
| 1993-04-14 | Correspondence (sent by the Court) to, of Mr. Robert E. Houston, Q.C. to request to have this appeal heard this term if possible | |
| 1993-03-08 | Appellant's factum, 25 copies, with service | Robert L. Hodgkinson |
| 1993-01-06 | Certified casebook, vol. I to VIII | Robert L. Hodgkinson |
| 1993-01-06 | Case on appeal, 23 copies of vol. I to VIII | Robert L. Hodgkinson |
| 1992-10-14 | Order granting leave to appeal, With service | |
| 1992-10-09 | Notice of appeal, With service | Robert L. Hodgkinson |
| 1992-10-01 |
Judgment of the Court on the application for leave to appeal, LaF So G, The application for leave to appeal is granted Granted, no order as to costs |
|
| 1992-10-01 | Hearing of the application for leave to appeal, 1992-10-01, LaF So G | |
| 1992-10-01 | All materials on application for leave submitted to the Judges, 1992-10-01, LaF So G | |
| 1992-10-01 | Notice of deposit of judgment issued to all parties, Scott & Aylen (Ottawa,ON) | |
| 1992-10-01 | Notice of deposit of judgment issued to all parties, Soloway, Wright, Houston & Associates (Ottawa,ON) | |
| 1992-09-25 | General proceeding, memo from Claude Alain Re: letter dated September 22, 1992, of Gregory Walsh (counsel for applicant) and the decision and reasons for judgment of the Court of Appeal for Saskatchewan in "Jan Thurgood v. Orval Baskerville, et al dated June 25, 1992 distrib | |
| 1992-09-23 | General proceeding, to note 5 copies of a Court of Appeal of Saskatchewan judgment in "Thurgood v. Baskerville" decided June 25, 1992 | Robert L. Hodgkinson |
| 1992-07-27 | All materials on application for leave submitted to the Judges, LaF So G | |
| 1992-06-26 | Applicant's reply to respondent's argument, 5 copies, with service | Robert L. Hodgkinson |
| 1992-06-19 | Respondent's response on the application for leave to appeal, 5 copies, with service | David L. Simms & Jerry S. Waldman, carrying on business as Simms & Waldman |
| 1992-06-04 |
Decision on motion to extend time to file and /or serve the leave application, to June\01\1992, Co Granted, no order as to costs |
|
| 1992-06-04 | Hearing of motion to extend time to file and/ or serve the leave application, 1992-06-04, to June\01\1992, Co | |
| 1992-06-04 | Submission of motion to extend time to file and/ or serve the leave application, 1992-06-04, to June\01\1992, Co | |
| 1992-06-03 | Response to the motion to extend the time to file and / or serve the leave application, to June 1/92 | David L. Simms & Jerry S. Waldman, carrying on business as Simms & Waldman |
| 1992-06-03 | Affidavit, to June 1/92; 2 copies; Gregory Walsh | Robert L. Hodgkinson |
| 1992-06-03 | Motion to extend the time to file and or serve the application for leave to appeal, to June 1/92; 2 copies | Robert L. Hodgkinson |
| 1992-06-01 | Application for leave to appeal, 5 copies (extension of time requested), with service, Completed on: 1992-06-01 | Robert L. Hodgkinson |
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 |
|---|---|---|
| Hodgkinson, Robert L. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Simms & Jerry S. Waldman, carrying on business as Simms & Waldman, David L. | Respondent | Active |
| Simms & Waldman, a partnership | Respondent | Active |
Counsel
Party: Hodgkinson, Robert L.
Counsel
2400 - 130 Adelaide St West
Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 867-3076
FAX: (416) 867-9192
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Simms & Jerry S. Waldman, carrying on business as Simms & Waldman, David L.
Counsel
1200 - 1125 Howe St
Vancouver, British Columbia
V6Z 2K8
Telephone: (604) 682-7474
FAX: (604) 682-1283
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Simms & Waldman, a partnership
Counsel
1200 - 1125 Howe St
Vancouver, British Columbia
V6Z 2K8
Telephone: (604) 682-7474
FAX: (604) 682-1283
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
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
C880576
Action allowed; Applicant's claim for damages for breach of fiduciary duty allow
Court of Appeal for British Columbia (Vancouver)
CA011048
Appeal allowed; damage award reduced.
Memorandums of argument on application for leave to appeal
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 filing 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.
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Related links
Factums on appeal
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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