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23085

Herbert Raymond Webster v. British Columbia Hydro and Power Authority

(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)
1997-09-12 Appeal closed
1995-03-14 Record returned to the Registrar of the Court of Appeal
1994-11-24 Copy of formal judgment being prepared, Scott & Aylen (Ottawa, ON)
1994-11-24 Copy of formal judgment being prepared, Nelligan, Power (Ottawa, ON)
1994-11-23 Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver)
1994-10-25 Notice of deposit of judgment sent to all parties, Scott & Aylen (Ottawa, ON)
1994-10-25 Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa, ON)
1994-10-24 General proceeding, transcripts received (94 pages)
1994-10-20 Judgment on the appeal rendered, LaF So G Co McL Ia Ma, The appeal is dismissed without costs.
Dismissed, without costs
1994-10-13 General proceeding, 8 copies of DECISION OF THE COURT OF APPEAL OF MANITOBA (D. Wiebe v. Central Transport) - GIVEN IN COURT BY THE APPELLANT
1994-10-12 Hearing of the appeal, 1994-10-12, LaF So G Co McL Ia Ma
Decision reserved
1994-10-05 Correspondence (sent by the Court) to, from Scott & Aylen re: duration of argument (respondent) - fax copy (Original filed on Oct. 11/94)
1994-10-04 General proceeding, Errata to the Factum sent to LaF So G Co McL I Ma, Oct 4/94 British Columbia Hydro and Power Authority
1994-09-30 Book of authorities, 10 copies (Joint) Herbert Raymond Webster
1994-09-13 Notice of hearing, (fax copy), with service Herbert Raymond Webster
1994-09-12 Appeal hearing scheduled, 1994-10-12
Decision reserved
1994-09-12 Decision on the motion to quash the appeal, CJ
Dismissed, no order as to costs
1994-09-12 Hearing of the motion to quash, 1994-09-12, CJ
1994-09-12 Submission of motion to quash, 1994-09-12, CJ
1994-08-31 Respondent's factum, 24 copies (see order dated Aug. 17/94), with service British Columbia Hydro and Power Authority
1994-08-17 Order on motion to extend time, to file the factum to Aug 31/94
1994-08-17 Decision on motion to extend time, to file the factum to Aug 31/94, Reg
Granted, no order as to costs
1994-08-17 Hearing of motion to extend time, 1994-08-17, to file the factum to Aug 31/94, Reg
1994-08-17 Submission of motion to extend time, 1994-08-17, to file the factum to Aug 31/94, Reg
1994-08-11 Response to motion to extend time, to file the respondent's factum to Aug. 31/94 (John Fairburn) Herbert Raymond Webster
1994-08-11 Affidavit, to file the respondent's factum to Aug. 31/94 (Linda A. Loo), with service British Columbia Hydro and Power Authority
1994-08-11 Motion to extend time, to file the respondent's factum to Aug. 31/94, with service British Columbia Hydro and Power Authority
1994-06-17 Appellant's factum, 24 copies (see order of CJ dated April 29/94) (1 extra copy with service on June 15, 1994 received on June 21st, 1994) Herbert Raymond Webster
1994-06-13 Supplemental document, CASE ON APPEAL VOL. VI (24 copies), with service Herbert Raymond Webster
1994-05-24 Order on miscellaneous motion, re: adducing new evidence and continuation of the appeal
1994-05-24 Order on miscellaneous motion, see hearing dated April 29/94
1994-04-29 Decision on miscellaneous motion, see joint order dated April 29/94 (A906), CJ
Granted, no order as to costs
1994-04-29 Hearing of miscellaneous motion, 1994-04-29, see joint order dated April 29/94 (A906), CJ
1994-04-29 Submission of miscellaneous motion, 1994-04-29, see joint order dated April 29/94 (A906), CJ
1994-04-29 Decision on miscellaneous motion, CJ, to adduce new evidence and for continuation of the appeal: 1. It is ordered that the following new evidence will be filed for the hearing of this appeal (for list see order or file). 2. It is further ordered that the appellant is granted leave to file the suggestion of death without prejudice to the respondent's right to argue the issue of mootness at the hearing of this appeal; 3. It is further ordered that the appellant file its factum 45 days after the granting of the consent order for filing new evidence. The respondent will file its factum 45 days after receipt of the appellant's factum; 4. It is further ordered that this appeal will be inscribed for hearing during the Fall session of this Court: 5. It is further ordered that the respondents motion currently set for hearing on May 2/94 be and the same is hereby adjourned to the date of the hearing of the appeal herein.
Granted, no order as to costs
1994-04-29 Hearing of miscellaneous motion, 1994-04-29, CJ
1994-04-29 Submission of miscellaneous motion, 1994-04-29, CJ
1994-04-29 Correspondence (sent by the Court) to, from M. Edwards to J. Fairburn re: motion to be heard May 2, 1994 (fax copy)
1994-04-27 Book of authorities, JOINT 10 copies, with service Herbert Raymond Webster
1994-04-27 Supplemental document, AFFIDAVITS 10 copies, with service British Columbia Hydro and Power Authority
1994-04-27 General proceeding, (MOTION TO QUASH IS REFERRED TO BE HEARD AT THE SAME TIME AS THE HEARING OF THE APPEAL ON THE MERITS)
1994-04-22 Affidavit, of Robert Brian Webster 10 copies (bookform) Herbert Raymond Webster
1994-04-22 Notice of miscellaneous motion, FOR CONTINUATION OF THE APPEAL 10 copies (bookform Herbert Raymond Webster
1994-04-13 General proceeding, (AMENDED MOTION TO QUASH) 10 copies, with service British Columbia Hydro and Power Authority
1994-03-22 Appeal court record, (1 box)
1994-03-14 Correspondence (sent by the Court) to, (by fax) from Singleton; re: questions concerning the Notice of Suggestion of Death
1994-03-02 Correspondence (sent by the Court) to, from Singleton; re: quash scheduled for May 2/94; hearing of appeal not scheduled for May 4/94; if motion to quash is not successfull, the appeal could be scheduled for the Fall of 1994
1994-03-01 Appeal court record, 1 accordion file
1994-02-22 General proceeding, (ON CONSENT OF PARTIES AND APPROVAL OF CHIEF JUSTICE THE MOTION TO QUASH IS ADJOURNED TO MAY 2, 1994)
1994-02-22 Correspondence (sent by the Court) to, from John Fairburn re: enclosing a notice of suggestion of death
1994-02-22 Notice of suggestion of death, (1 copy)
1994-02-19 Response to miscellaneous motion, (TO ADJOURN THE MOTION TO QUASH TO MAY 2, 1994 - Arthur M. Grant from Singleton, Urquhart) (original received on Feb.22, 1994) British Columbia Hydro and Power Authority
1994-02-19 Notice of miscellaneous motion, TO ADJOURN THE MOTION TO QUASH TO MAY 2, 1994 (FAX COPY) (original received on Feb. 22, 1994) Herbert Raymond Webster
1994-02-16 Appeal perfected for hearing, Session beginning on 1994-10-03
1994-01-31 Other document on motion to quash, affidavit of David Ford; 10 copies, with service British Columbia Hydro and Power Authority
1994-01-31 Other document on motion to quash, Affidavit of Farida Jamal; 10 copies, with service British Columbia Hydro and Power Authority
1994-01-31 Motion to quash British Columbia Hydro and Power Authority
1993-12-22 Appellant's factum, 24 copies (see new factum filed on June 17/94), with service Herbert Raymond Webster
1993-12-03 Order on motion to extend time, to file appellant's factum to Dec 22/93
1993-12-03 Decision on motion to extend time, to file appellant's factum to Dec 22/93, with service, Reg
Granted, no order as to costs
1993-12-03 Hearing of motion to extend time, 1993-12-03, to file appellant's factum to Dec 22/93, with service, Reg
1993-12-03 Submission of motion to extend time, 1993-12-03, to file appellant's factum to Dec 22/93, with service, Reg
1993-12-02 Response to motion to extend time, to serve and file the appellant's factum to Dec. 22/93 British Columbia Hydro and Power Authority
1993-12-02 Affidavit, to serve and file the factum to Dec. 22/93; Anne F. Malek, with service Herbert Raymond Webster
1993-12-02 Motion to extend time, to serve and file the factum to Dec. 22/93, with service Herbert Raymond Webster
1993-10-18 Proof of service, of the Case on Appeal
1993-10-04 Certified casebook, of vol. 1 to 5 Herbert Raymond Webster
1993-10-04 Case on appeal, 23 copies of vol. 1 to 5 Herbert Raymond Webster
1993-08-25 Decision on motion to extend time, to serve and file the case on appeal to October 6, 1993 and to file his factum to December 6/93, Reg
Granted, no order as to costs
1993-08-25 Hearing of motion to extend time, 1993-08-25, to serve and file the case on appeal to October 6, 1993 and to file his factum to December 6/93, Reg
1993-08-25 Submission of motion to extend time, 1993-08-25, to serve and file the case on appeal to October 6, 1993 and to file his factum to December 6/93, Reg
1993-08-23 Response to motion to extend time, to file and serve the Case on Appeal to October 6, 1993 and the appellant's factum to December 6, 1993 British Columbia Hydro and Power Authority
1993-08-23 Affidavit, to file and serve the Case on Appeal to October 6, 1993 and the appellant's factum to December 6, 1993 (J.J. Mark Edwards) Herbert Raymond Webster
1993-08-23 Motion to extend time, to file and serve the Case on Appeal to October 6, 1993 and the appellant' factum to December 6, 1993, with service Herbert Raymond Webster
1993-07-05 Order on motion to extend time, to serve & file a case on appeal to June 30/93
1993-06-24 Decision on motion to extend time, to serve & file the case on appeal to June 30/93, DeRg
Granted, no order as to costs
1993-06-24 Hearing of motion to extend time, 1993-06-24, to serve & file the case on appeal to June 30/93, DeRg
1993-06-24 Submission of motion to extend time, 1993-06-24, to serve & file the case on appeal to June 30/93, DeRg
1993-06-23 Affidavit, of J. J. Mark Edwards (1 copy) Herbert Raymond Webster
1993-06-23 Motion to extend time, to serve and file the case on appeal to June 30, 1993 (1 copy), with service Herbert Raymond Webster
1993-06-14 Response to motion to extend time, from Linda A. Loo (1 copy) British Columbia Hydro and Power Authority
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 Mulholland Webster (Richmond, BC) re: Rule 32 enclosed
1993-03-05 Notice of deposit of security, With service
1993-03-01 Order granting leave to appeal, With service
1993-02-26 $500 security deposit paid, direction #2257 Herbert Raymond Webster
1993-02-26 Notice of appeal, With service Herbert Raymond Webster
1993-02-05 Notice of deposit of judgment issued to all parties, Nelligan, Power (Ottawa,ON)
1993-02-05 Notice of deposit of judgment issued to all parties, Scott & Aylen (Ottawa,ON)
1993-02-04 Judgment of the Court on the application for leave to appeal, CJ McL Ia, La demande d'autorisation d'appel est accordée.
Granted, no order as to costs
1993-02-04 Hearing of the application for leave to appeal, 1993-02-04, CJ McL Ia
1993-02-04 All materials on application for leave submitted to the Judges, 1993-02-04, CJ McL Ia
1992-12-15 All materials on application for leave submitted to the Judges, CJ McL I
1992-12-01 Application for leave to appeal, as formal order of C/A/ filed, Completed on: 1992-12-01
1992-12-01 General proceeding, 5 copies of formal order of C/A Herbert Raymond Webster
1992-11-26 Correspondence received from, from Nelligan Power; re: parties in the process of finalizing the formal Order Herbert Raymond Webster
1992-10-09 Correspondence received from, from Nelligan, Power addressed to Mulholland & Webster; re: formal Order of C.A. Herbert Raymond Webster
1992-09-17 Applicant's reply to respondent's argument, 5 copies, with service Herbert Raymond Webster
1992-09-11 Respondent's response on the application for leave to appeal, 5 copies, with service British Columbia Hydro and Power Authority
1992-07-15 Correspondence received from, of J.J. Mark Edwards to advise the Court that the C/A order might not be available until September. He asks that the application be held in abeyance pending the issuance of the order Herbert Raymond Webster
1992-06-30 Correspondence received from, sent to Nelligan, Power (Ottawa,ON) acknowledging receipt of application for leave. Regret to advise that material does not comply with the Court's requirements as formal order of Court of Appeal missing. Application for leave will not be referred until
1992-06-24 $30.00 filing fee, receipt #25631 Herbert Raymond Webster
1992-06-24 Application for leave to appeal, 5 copies (missing formal Order of C.A.), with service, Incomplete Herbert Raymond Webster

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
Webster, Herbert Raymond Applicant Active

v.

Main parties - Respondents
Name Role Status
British Columbia Hydro and Power Authority Respondent Active

Counsel

Party: Webster, Herbert Raymond

Counsel
Name
J.C. Fairburn
Contact information
Mulholland, Webster
600 - 5811 COONEY RD
RICHMOND, British Columbia
V6X 3M1
Telephone: (604) 273-3741
FAX: (604) 273-1265
Agent
Name
J.J. Mark Edwards
Contact information
Nelligan Power
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: British Columbia Hydro and Power Authority

Counsel
Name
Linda A. Loo, Q.C.
Contact information
Singleton Urquhart Scott
1200 - 1125 HOWE ST
VANCOUVER, British Columbia
V6Z 2K8
Telephone: (604) 682-7474
FAX: (604) 682-1283
Agent
Name
James I. Minnes
Contact information
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

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

January 12, 1990
Supreme Court of British Columbia

C863069

appellant's action for wrongful dismissal allowed

April 24, 1992
Court of Appeal for British Columbia (Vancouver)

CA011915

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

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

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Webcasts

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Date modified: 2025-05-13