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29472

Executive Director of the British Columbia Securities Commission v. Robert Arthur Hartvikson, 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2004-11-01 Appeal closed
2004-11-01 Payment out cheque issued, ($515.87)
2004-10-22 Approved order for payment out, signed by the Registrar on Oct. 25/04 and sent to Finance on Oct. 26/04
2004-06-09 Record returned to the Registrar of the Court of Appeal
2004-04-23 Judgment on appeal and notice of deposit of judgment sent to all parties
2004-04-22 Judgment on the appeal rendered, CJ Ia Ma Ba Bi Arb LeB De F, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA027791, CA028660, CA028661, CA028662, dated September 19, 2002, heard on November 7, 2003 is allowed with costs and the British Columbia Securities Commission's order is reinstated.
Allowed, with costs
2003-11-21 Transcript received, 67 pages
2003-11-07 Appellant's condensed book, (rec'd in Court) Executive Director of the British Columbia Securities Commission
2003-11-07 Acknowledgement and consent for video taping of proceedings, (consent of all parties)
2003-11-07 Judgment reserved OR rendered with reasons to follow
2003-11-07 Hearing of the appeal, 2003-11-07, CJ Ia Ma Ba Bi Arb LeB De F
Judgment reserved
2003-11-04 Supplemental document, Supplemental Book of Authorities Robert Arthur Hartvikson
2003-10-28 Notice of appearance, from Lang Michener Robert Arthur Hartvikson
2003-10-14 Order by, Arb, UPON APPLICATION by the Ontario Securities Commission for leave to intervene in the above appeal and pursuant to the order of September 16, 2003;

IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.
Granted, no order as to costs
2003-10-10 Book of authorities, of the Intervener, Completed on: 2003-10-10 Ontario Securities Commission
2003-10-09 Intervener's factum, Completed on: 2003-10-09 Ontario Securities Commission
2003-09-16 Order on motion for leave to intervene, (BY ARBOUR J.)
2003-09-16 Decision on the motion for leave to intervene, Arb, The motion for leave to intervene of the applicant, the Ontario Securities Commission, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before October 10, 2003.

The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener.

The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties.

Pursuant to Rule 59 (1)(a) the intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the intervention.
Granted
2003-09-16 Submission of motion for leave to intervene, Arb
2003-09-12 Response to the motion for leave to intervene, (Letter Form), from Gowlings dated Sept. 12, 2003 (via e-mail), Completed on: 2003-09-12 Executive Director of the British Columbia Securities Commission
2003-09-04 Respondent's record, Completed on: 2003-09-04 Robert Arthur Hartvikson
2003-09-04 Respondent's book of authorities, Completed on: 2003-09-04 Robert Arthur Hartvikson
2003-09-04 Respondent's factum, Completed on: 2003-09-04 Robert Arthur Hartvikson
2003-09-04 Appeal perfected for hearing
2003-09-03 Response to the motion for leave to intervene, (Letter Form), from J. Beedell dated Sept. 3, 2003, Completed on: 2003-09-03 Robert Arthur Hartvikson
2003-08-29 Notice of hearing sent to parties
2003-08-28 Motion for leave to intervene, book form, Completed on: 2003-08-28 Ontario Securities Commission
2003-08-28 Appeal hearing scheduled, 2003-11-07
Judgment reserved
2003-07-11 Appellant's book of authorities, vol. 1 to 3, Completed on: 2003-07-15 Executive Director of the British Columbia Securities Commission
2003-07-10 Appellant's record, Completed on: 2003-07-10 Executive Director of the British Columbia Securities Commission
2003-07-10 Appellant's factum, Completed on: 2003-07-10 Executive Director of the British Columbia Securities Commission
2003-07-10 Notice of change of counsel, from Skwarok to Lang Robert Arthur Hartvikson
2003-07-02 Appeal court record, (1 box - joint with 29292 and 29419)
2003-04-25 Notice of deposit for security Executive Director of the British Columbia Securities Commission
2003-04-17 Notice of appeal, Completed on: 2003-04-17 Executive Director of the British Columbia Securities Commission
2003-04-14 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2003-04-11 Judgment on leave sent to the parties
2003-04-10 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgments of the Court of Appeal of British Columbia (Vancouver), Numbers CA027791, CA028660, CA028661 and CA028662, dated September 19, 2002, 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
2003-02-24 All materials on application for leave submitted to the Judges, Ia Bi LeB
2003-01-30 Correspondence received from, J. Angus dated Jan. 28, 2003 re: leave application be expedited Executive Director of the British Columbia Securities Commission
2003-01-30 Letter acknowledging receipt of an incomplete application for leave to appeal
2002-12-30 Applicant's reply to respondent's argument, Completed on: 2002-12-30 Executive Director of the British Columbia Securities Commission
2002-12-18 Respondent's response on the application for leave to appeal, Completed on: 2002-12-18 Robert Arthur Hartvikson
2002-11-28 Notice of change of solicitor, (from/de Shapray to Skwarok) Blayne Barry Johnson
2002-11-18 Application for leave to appeal, (original version of judgments received on Nov. 27, 2002)(formal order received on Feb. 20, 2003), Completed on: 2003-02-24 Executive Director of the British Columbia Securities Commission

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
Executive Director of the British Columbia Securities Commission Appellant Active

v.

Main parties - Respondents
Name Role Status
Hartvikson, Robert Arthur Respondent Active
Johnson, Blayne Barry Respondent Active

Other parties

Other parties
Name Role Status
Ontario Securities Commission Intervener Active

Counsel

Party: Executive Director of the British Columbia Securities Commission

Counsel
James A. Angus
Patricia A. Taylor
Joseph A. Bernardo
British Columbia Securities Commission
P.O. Box 10142, Pacific Centre
5th Floor, 701 West Georgia Street
Vancouver, British Columbia
V7Y 1L2
Telephone: (604) 899-6625
FAX: (604) 899-6633
Email: sangus@bcsc.bc.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Hartvikson, Robert Arthur

Counsel
Mark. L. Skwarok
Stephen M Zolnay
Lang Michener
P. O. Box 11117
1500 - 1055 West Georgia Street
Vancouver, British Columbia
V6E 4N7
Telephone: (604) 691-7435
FAX: (604) 691-7358
Email: mskwarok@lmls.com
Agent
Eugene Meehan, Q.C.
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca

Party: Johnson, Blayne Barry

Counsel
Mark. L. Skwarok
Lang Michener
P. O. Box 11117
1500 - 1055 West Georgia Street
Vancouver, British Columbia
V6E 4N7
Telephone: (604) 691-7435
FAX: (604) 691-7358
Email: mskwarok@lmls.com
Agent
Eugene Meehan, Q.C.
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca

Party: Ontario Securities Commission

Counsel
Jay L. Naster
Ontario Securities Commission
20 Queen Street West
Suite 1900, Box 55
Toronto, Ontario
M5H 3S8
Telephone: (416) 593-8211
FAX: (416) 593-8321
Email: jnaster@osc.gov.on.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

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

June 1, 2001
British Columbia Securities Commission

COR#01/064

Respondents found to have made a legally binding deal to acquire the Voisey's Bay claims in Labrador; Respondent Hatvikson found to have been a defacto director of Cartaway Corp.

September 19, 2002
Court of Appeal for British Columbia (Vancouver)

CA027791, CA028660, CA028661, CA028662

Appeal dismissed; penalty reduced to $10, 000.00 for each Respondent

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.

Downloadable PDFs

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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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Webcasts

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Date modified: 2025-05-13