Docket

29426

Roman Catholic Episcopal Corporation of St. George's, et al. v. John Doe ("a pseudonym"), et al.

(Newfoundland & Labrador) (Civil) (By Leave)

(Publication ban in case)

Proceedings
Date Proceeding Filed By
(if applicable)
2006-06-30 Payment out cheque issued, ($537.01)
2006-05-29 Approved order for payment out, (sent to Finance June 1/06)
2005-04-12 Appeal closed
2005-04-12 Certificate of taxation issued to, S. Grace (MacLaren, Corlett)
2005-04-08 Decision on bill of costs, taxed at the amount of $218,478.43 (see long judgment), Reg, In its reasons for judgment delivered on March 25, 2004, dismissing the appeal and cross-appeal, the Court granted "costs of the appeal and the cross-appeal to the respondents/appellants on cross-appeal, John Doe and John Doe, payable by appellant/respondent on cross appeal, Roman Catholic Episcopal Corporation of St. George's on a solicitor-client basis." The respondents filed three Bills of costs and the appellant objected to them in part. My first observation is that the parties have not taken into account the judgments of the Court on the application for leave to appeal and on the application for leave to cross-appeal, dated April 24, 2003. The application for leave to appeal was "granted with cost in any event of the cause to Roman Catholic Corporation of St. George's payable by John Doe ("a pseudonym") and John Doe ("a pseudonym")." The application for leave to cross-appeal was "granted with cost in any event of the cause to John Doe ("a pseudonym") and John Doe ("a pseudonym") payable by Roman Catholic Episcopal Corporation of St. George's, Alphonsus Penney, Raymond Lahey, James MacDonald and Roman Catholic Episcopal Corporation of St. Johns's." Given these rulings, the amounts included in the bills of cost relating to these leave proceedings are disallowed. Clearly, the Court's judgment with regard to costs on a solicitor-client basis only applies to the appeal and cross-appeal, hence the calculation of the costs on a solicitor-client basis can only start as of April 28, 2003, the date of the first entry in counsel dockets after the judgments on the leave applications. For the latter, I will assume that the costs cancel each other out. The appellant objects to the number of hours docketed by the respondents as "grossly excessive." I have carefully reviewed the time docketed by Stack and Associates and by Rogers Bussey Drover, in particular with regard to the items described as research, preparation and review. The total time claimed in this regard by Stack and Associates amounts to 265 hours and by Rogers Bussey Drover to 96 hours. Costs on a solicitor-client basis are "intended, so far as is consistent with fairness to the opposite party, to provide complete indemnity to the client as to costs essential to, and arising within, the four corners of litigation." Re solicitors, [1967] 2 O.R. 137 (H.C.J.) at p. 142. I note that the preparatory work enabled the respondents to file a joint factum. In such a situation, it is incumbent on counsel working in parallel to avoid duplication of time and effort. A review of their docketed time indicates an overlap of activities. I would therefore strike out 15 per cent of the hours claimed for research, preparation and review, reducing them to 225 hours and 82 hours respectively. The disbursements, being agreed upon, will be taxed as requested. In summary: - Costs claimed prior to April 28, 2003 are disallowed in the three bills of costs. Although I assume that the co, Allowed in part
2005-02-07 Submission of bill of costs, Reg
2004-11-22 Reply to bill of costs, 2 copies - book form, Completed on: 2004-11-22 John Doe ("a pseudonym")
2004-11-15 Response to bill of costs, 2 copies (book form), Completed on: 2004-11-15 Roman Catholic Episcopal Corporation of St. George's
2004-11-03 Correspondence received from, J. Beedell dated Nov. 2, 2004 (via e-mail and courier) re: will file a formal response in opposition to the bill of costs Roman Catholic Episcopal Corporation of St. George's
2004-10-21 Bill of costs, (book form), Completed on: 2004-10-21 John Doe ("a pseudonym")
2004-06-08 Record returned to the Registrar of the Court of Appeal
2004-03-26 Judgment on appeal and notice of deposit of judgment sent to all parties
2004-03-25 Judgment on the appeal rendered, CJ Ia Ma Ba Bi Arb LeB De F, The appeal from the judgment of the Court of Appeal of Newfoundland and Labrador, Number 00/76, 00/77, dated August 23, 2002, heard on January 14, 2004 and the cross-appeal are dismissed with costs of the appeal and cross-appeal to the respondents/appellants on cross-appeal, John Doe and John Doe, payable by the appellant/respondent on cross-appeal, Roman Catholic Episcopal Corporation of St. George's on a solicitor-client basis., Dismissed, with costs
2004-01-27 Transcription received, (96 pages)
2004-01-14 Judgment reserved OR rendered with reasons to follow
2004-01-14 Acknowledgement and consent for video taping of proceedings, from all parties
2004-01-14 Hearing of the appeal, 2004-01-14, CJ Ia Ma Ba Bi Arb LeB De F, Judgment reserved
2004-01-13 Correspondence received from, A. Turley dated Jan. 13, 2004 (fax copy) re: in response to Mr. Sammon's letter dated Jan. 12, 2004 Attorney General of Canada
2004-01-12 Correspondence received from, G. Adair dated Jan. 12, 2004 and addressed to W. Sammon (fax copy) re: order of oral argument Roman Catholic Episcopal Corporation of St. George's
2004-01-09 Correspondence received from, G. Adair dated Jan. 12, 2004 (fax copy) re: time allotted Roman Catholic Episcopal Corporation of St. George's
2004-01-09 Notice of appearance, Geoffrey D.E. Adair, Q.C. and Krista Springstead will be present at hearing. Roman Catholic Episcopal Corporation of St. George's
2004-01-08 Correspondence received from, Geoffrey D.E. Adair, Q.C. - re: time allocation for oral arguments (consultation with parties). Roman Catholic Episcopal Corporation of St. George's
2004-01-05 Notice of appearance, (Anne M. Turley will be present at hearing) Attorney General of Canada
2004-01-05 Order by, Ma, UPON APPLICATIONS by the Canadian Conference of Catholic Bishops and the Attorney General of Canada, for leave to intervene in the above appeal and cross-appeal and pursuant to the order of November 13, 2003; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. , Granted
2003-12-22 Book of authorities, 15 copies - Vol. 1 & 2 (pages 86 and 87 sent to the judges on Jan. 12/04), Completed on: 2003-12-22 Canadian Conference of Catholic Bishops
2003-12-22 Book of authorities, 14 copies, Completed on: 2003-12-22 Attorney General of Canada
2003-12-22 Intervener's factum, See order of Nov 13/03, Completed on: 2003-12-22 Attorney General of Canada
2003-12-22 Intervener's factum, See order of Nov 13/03- pages 86 & 87 recvd Jan12/04 with service- submitted to judges., Completed on: 2003-12-22 Canadian Conference of Catholic Bishops
2003-12-09 Respondent's book of authorities - cross appeal, Completed on: 2003-12-09 Raymond Lahey
2003-12-05 Respondent's factum - cross appeal, Completed on: 2003-12-05 Raymond Lahey
2003-12-03 Respondent's record - cross appeal Roman Catholic Episcopal Corporation of St. John's
2003-12-03 Respondent's factum - cross appeal, Completed on: 2003-12-03 Roman Catholic Episcopal Corporation of St. John's
2003-11-24 Notice of hearing sent to parties
2003-11-20 Appeal hearing scheduled, 2004-01-14, Judgment reserved
2003-11-13 Order on motion for leave to intervene, (BY MAJOR J.)
2003-11-13 Decision on the motion for leave to intervene, Ma, The motion for leave to intervene of the applicant, the Canadian Conference of Catholic Bishops, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before December 22, 2003. The motion for leave to intervene of the applicant, the Attorney General of Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before December 22, 2003. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. , Granted
2003-11-13 Submission of motion for leave to intervene, Ma
2003-11-12 Response to the motion for leave to intervene, (Letter Form), from J. W. Beedell dated Nov. 10/03 (by fax), Completed on: 2003-11-12 Roman Catholic Episcopal Corporation of St. George's
2003-11-12 Response to the motion for leave to intervene, (Letter Form), from S. J. Grace dated Nov. 10/03 (by fax), Completed on: 2003-11-12 John Doe ("a pseudonym")
2003-11-10 Response to the motion for leave to intervene, (Letter Form), Gowlings (by e-mail), Completed on: 2003-11-10 Raymond Lahey
2003-11-10 Reply to the motion for leave to intervene, (2 copies), Completed on: 2003-11-10 Canadian Conference of Catholic Bishops
2003-11-06 Correspondence received from, (Letter Form), W. J. Sammon re: will file reply to motion to intervene Canadian Conference of Catholic Bishops
2003-10-24 Respondent's factum - cross appeal, (joint with response to subrule 29(3)), Completed on: 2003-10-24 Roman Catholic Episcopal Corporation of St. George's
2003-10-16 Reply to the motion for leave to intervene, (Letter Form), from Anne M. Turley dated 10/16/03 re: intervention in the appeal and cross-appeal, Completed on: 2003-10-16 Attorney General of Canada
2003-10-14 Appeal perfected for hearing
2003-10-10 Respondent's book of authorities, Completed on: 2003-10-10 John Doe ("a pseudonym")
2003-10-10 Respondent's record, Completed on: 2003-10-10 John Doe ("a pseudonym")
2003-10-10 Appellant's factum - cross appeal, joint with respondents' factum, Completed on: 2003-10-10 John Doe ("a pseudonym")
2003-10-10 Respondent's factum, joint with appellants' factum on cross-appeal, Completed on: 2003-10-10 John Doe ("a pseudonym")
2003-10-03 Response to the motion for leave to intervene, (Letter Form), from Geoffrey E.D. Adair, Q.C. dated 10/03/03 (correspondence rec'd Nov. 7/03 including copy of letter and fax cover sheet), Completed on: 2003-10-03 Roman Catholic Episcopal Corporation of St. George's
2003-10-01 Response to the motion for leave to intervene, (Letter Form), H. S. Brown, Q.C., Completed on: 2003-10-01 Raymond Lahey
2003-09-23 Correspondence received from, H.S. Brown, Q.C. re: respondents on cross-appeal only - will file their factum eight weeks after Appellant's factum on cross-appeal Raymond Lahey
2003-09-15 Motion for leave to intervene, book form, Completed on: 2003-09-15 Attorney General of Canada
2003-09-12 Motion for leave to intervene, (book form), Completed on: 2003-09-12 Canadian Conference of Catholic Bishops
2003-09-11 Correspondence received from, J. W. Beedell re: enclosing 2 pages bearing the signatures of the Court of Appeal judges (by fax) Roman Catholic Episcopal Corporation of St. George's
2003-09-09 Correspondence (sent by the Court) to, S. Hutchings and parties re: acknowledge receipt of his letter dated Aug. 28, 2003 (sent by fax)
2003-08-28 Correspondence received from, J. Hutchings of Poole, Althouse (Coporate counsel) dated Aug. 28, 2003 (fax copy) re: conflict between the insured and the insurer Roman Catholic Episcopal Corporation of St. George's
2003-08-18 Appellant's book of authorities, Completed on: 2003-08-18 Roman Catholic Episcopal Corporation of St. George's
2003-08-18 Appellant's record, Vol. I & II (C/A reasons not signed - 2 pages replaced Sept. 11/03), Completed on: 2003-09-11 Roman Catholic Episcopal Corporation of St. George's
2003-08-18 Appellant's factum, Completed on: 2003-08-18 Roman Catholic Episcopal Corporation of St. George's
2003-06-11 Appeal court record, (2 boxes)
2003-05-27 Notice of deposit for security Roman Catholic Episcopal Corporation of St. George's
2003-05-26 Notice of appeal, Completed on: 2003-05-26 Roman Catholic Episcopal Corporation of St. George's
2003-05-20 Notice of cross appeal, Completed on: 2003-05-20 John Doe ("a pseudonym")
2003-04-29 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2003-04-25 Judgment on leave sent to the parties
2003-04-24 Decision on the application for leave to appeal, CJ Ba De, The application for leave to appeal from the judgment of the Court of Appeal of Newfoundland & Labrador, Number 2002 NFCA 47 - 00/76 and 00/77, dated August 23, 2002, is granted with costs in any event of the cause to Roman Catholic Corporation of St. George's payable by John Doe ("a pseudonym") and John Doe ("a pseudonym")., Granted, with costs
2003-04-24 Decision on the application for leave to cross-appeal, CJ Ba De, The application for leave to cross-appeal is granted with costs in any event of the cause to John Doe ("a pseudonym") and John Doe ("a pseudonym") payable by Roman Catholic Episcopal Corporation of St. George's, Alphonsus Penney, Raymond Lahey, James MacDonald and Roman Catholic Episcopal Corporation of St. John's., Granted, with costs
2003-04-24 Decision on motion to strike out, CJ Ba De, The motion to strike is dismissed with costs to John Doe ("a pseudonym") and John Doe ("a pseudonym") payable by Alphonsus Penney, Raymond Lahey and James MacDonald., Dismissed, with costs
2003-03-03 All material on the application for leave to cross-appeal submitted to the Judges, CJ Ba De
2003-03-03 All materials on application for leave submitted to the Judges, CJ Ba De
2003-03-03 Submission of miscellaneous motion, CJ Ba De
2003-03-03 Submission of motion to strike out, CJ Ba De
2003-02-05 Book of authorities, re: misc. motion - book form Raymond Lahey
2003-02-05 Response to miscellaneous motion, (conditional response) - book form, Completed on: 2003-02-05 Raymond Lahey
2003-01-23 Response to miscellaneous motion, Completed on: 2003-01-23 Roman Catholic Episcopal Corporation of St. John's
2003-01-22 Order on motion to strike out, (BY IACOBUCCI, J.)
2003-01-22 Decision on motion to strike out, the conditional motion for leave to cross-appeal filed by John Doe ("a pseudonym") and John Doe ("a pseudonym"), Ia, Referred
2003-01-22 Submission of motion to strike out, Ia
2003-01-21 Correspondence received from, H. Brown dated Jan. 21; re: no affidavit is filed in support the the motion to strike Raymond Lahey
2003-01-14 Reply to motion to strike out, 2 copies, Completed on: 2003-01-15 Raymond Lahey
2003-01-10 Notice of miscellaneous motion, (conditional motion to add remaining parties and to amend the style of cause/requête conditionnelle pour ajouter les parties restantes et amender l'intitulé de cause )(joint with response to motion to strike out/jointe à la réponse pour radiation), Completed on: 2003-01-10 John Doe ("a pseudonym")
2003-01-10 Response to motion to strike out, book form/format livre (joint), Completed on: 2003-01-10 John Doe ("a pseudonym")
2003-01-03 Correspondence received from, H. Brown dated/datée 02-01-03 (fax copy/télécopieur) re: consent to file a response to motion to strike out to Jan. 10, 2003/consentement à produire la réponse à la requête pour radiation au 10-01-03 Raymond Lahey
2002-12-30 Correspondence received from, S. Grace dated/datée 30-12-02 re: will respond to the motion by Jan. 10, 2003/déposera une réponse à la requête le 10-01-03 John Doe ("a pseudonym")
2002-12-20 Memorandum of argument in response to the cross-appeal, Completed on: 2002-12-20 Roman Catholic Episcopal Corporation of St. John's
2002-12-20 Memorandum of argument in response to the cross-appeal, (joint), Completed on: 2002-12-20 Roman Catholic Episcopal Corporation of St. George's
2002-12-20 Applicant's reply to respondent's argument, (joint with response to conditional cross-appeal/joint avec réponse sur appel-incident conditionnel), Completed on: 2002-12-20 Roman Catholic Episcopal Corporation of St. George's
2002-12-20 Notice of change of solicitor, (from Lewis, Sinnott to Harrison, Pensa) Roman Catholic Episcopal Corporation of St. John's
2002-12-19 Motion to strike out, (to strike out the conditional notice of application for leave to cross-appeal/pour radier l'avis conditionnel d'appel-incident) - book form/format livre - 2 copies, Completed on: 2002-12-19 Raymond Lahey
2002-12-17 Letter acknowledging receipt of an incomplete application for leave to appeal
2002-11-20 Application for leave to cross-appeal, (of 35 respondents/de 35 intimés)(conditional/conditionnel)(joint with response on leave/joint avec réponse sur la demande), Completed on: 2002-11-20 John Doe ("a pseudonym")
2002-11-20 Application for leave to cross-appeal, of one of the respondent/d'un intimé)(conditional/conditionnel)(joint with response on leave/joint à la réponse sur la demande), Completed on: 2002-11-20 John Doe ("a pseudonym")
2002-11-20 Respondent's response on the application for leave to appeal, (of 35 of the respondents/de 35 intimés)(joint with conditional cross-appeal/joint avec appel-incident conditionel), Completed on: 2002-11-20 John Doe ("a pseudonym")
2002-11-20 Respondent's response on the application for leave to appeal, (of one respondent/d'un intimé)(joint with conditional leave to cross-appeal/joint avec appel-incident conditionnel), Completed on: 2002-11-20 John Doe ("a pseudonym")
2002-10-23 Application for leave to appeal, (judgment of C.A. not signed/jugement de la C.A. non signé)(received on Jan. 13, 2003), Completed on: 2003-01-13 Roman Catholic Episcopal Corporation of St. George's