DLC v. FMC
- Citation
- 2011 BCSC 79
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of British Columbia
- Decision
- 26 January 2011
- Posture
- Civil Trial / Supplemental Reasons After Trial; Pre Appeal
- Language
- English
More details
- Court
- Supreme Court of British Columbia
- Decision
- 26 January 2011
- Posture
- Civil Trial / Supplemental Reasons After Trial; Pre Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court issued supplemental reasons confirming that November 19, 2010 was the final date of resolution; accordingly the defendant's Notice of Appeal filed within 30 days of that date falls within the appeal period.
Court disposition
Supplemental reasons issued confirming November 19, 2010 as the final date of resolution for purposes of the appeal period.
Orders
- Supplemental reasons confirm November 19, 2010 as the final date of resolution for purposes of any appeal.
02
Material facts
Parties
DLC
Plaintiff Counsel: E. Mortimer, Q.C.FMC
Defendant Counsel: M. DunnawayAmounts and remedies
- Appeal Period Days: 30
03
Procedural history
Posture
Civil Trial / Supplemental Reasons After Trial; Pre Appeal
04
Questions and positions
Legal issues
- 01
What is the final date of resolution for the purpose of the 30-day appeal period?
- 02
Whether the court should issue supplemental reasons confirming the final decision date and thus preserve appeal rights.
Party arguments
- Applicant
- Counsel jointly requested that the court settle the order and issue supplemental reasons confirming the final date of resolution to determine the commencement of the appeal period.
- Respondent
- The defendant filed a Notice of Appeal within 30 days of November 19, 2010 and relied on the supplemental reasons to confirm that the appeal was timely.
05
Court’s reasoning
Legal principles
- 01
Supreme Court of British Columbia practice / this decision
The date of the final decision determines the commencement of the statutory appeal period.
- 02
Inherent jurisdiction of the Supreme Court of British Columbia / this decision
A court may issue supplemental reasons to clarify the date of resolution and to settle interlocutory or final orders to preserve parties' appeal rights.
06
Ratio, limits and disposition
Ratio decidendi
The court issued supplemental reasons confirming that November 19, 2010 was the final date of resolution; accordingly the defendant's Notice of Appeal filed within 30 days of that date falls within the appeal period.
Court disposition
Supplemental reasons issued confirming November 19, 2010 as the final date of resolution for purposes of the appeal period.
- Supplemental reasons confirm November 19, 2010 as the final date of resolution for purposes of any appeal.
Source and reliance status
Supreme Court of British Columbia · 26 January 2011
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of British Columbia
Judgment· 26 January 2011
2011 BCSC 79 DLC v. FMC
IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: DLC v. FMC, 2011 BCSC 79 Date: 20110126 Docket: E053584 Registry: Vancouver Between: DLC Plaintiff And FMC Defendant Before: The Honourable Madam Justice Bennett Supplemental Reasons for Judgment #3 Counsel for the Plaintiff: E. Mortimer,Q.C. Counsel for the Defendant: M. Dunnaway Place and Date of Hearing: Vancouver, B.C. January 21, 2011 Place and Date of Judgment: Vancouver, B.C. January 26, 2011 [1] On January 21, 2011, counsel appeared before me to settle the order relating to a number of decisions arising from the trial in this case, commencing in December 2007. The trial was heard in two parts, with interim orders made rather than final orders in order to preserve the parties' rights of appeal. [2] The last decision was rendered November 19, 2010. With the agreement of counsel, I am issuing these supplemental reasons to confirm that, in my view, the final date of resolution is November 19, 2010. The date is relevant because FMC filed his Notice of Appeal within 30 days of the November 19, 2010 decision. "E. Bennett J."
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