Docket

36692

Hamlet of Clyde River, et al. v. Petroleum Geo-Services Inc. (PGS), et al.

(Federal Court) (Civil) (By Leave)

Proceedings
Date Proceeding Filed By
(if applicable)
2016-12-07 Transcript received, Joint with 36776 (231 pages)
2016-11-30 Judgment reserved OR rendered with reasons to follow
2016-11-30 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Inuvialuit Regional Corporation
2016-11-30 Respondent's condensed book, (Book Form), Joint avec 36776 - Submitted in Court (14 copies) Attorney General of Canada
2016-11-30 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Petroleum Geo-Services Inc. (PGS)
2016-11-30 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Hamlet of Clyde River
2016-11-30 Hearing of the appeal, 2016-11-30, CJ Abe Mo Ka Wa Ga Côt Br Row
Judgment reserved
2016-11-23 Correspondence received from, 4 reserved seats requested Chiefs of Ontario
2016-11-23 Correspondence received from, 2 reserved seats requested Inuvialuit Regional Corporation
2016-11-23 Notice of appearance, Dominique Nouvet, Marie Belleau and Sonya Morgan will be present at the hearing. Nunavut Tunngavik Incorporated
2016-11-22 Notice of appearance, Manizeh Fancy and Richard Ogden will be present at the hearing. Attorney General for Ontario
2016-11-22 Notice of appearance, Marie-France Major and Thomas Slade will be present at the hearing. Nunavut Wildlife Management Board
2016-11-22 Notice of appearance, Richard James Fyfe will be present at the hearing. Attorney General for Saskatchewan
2016-11-22 Order by, Ga, FURTHER TO THE ORDER dated September 13, 2016, granting leave to intervene to the Attorney General for Ontario, the Attorney General for Saskatchewan, the Nunavut Wildlife Management Board and the Chiefs of Ontario in both appeals, granting leave to intervene to Nunavut Tunngavik Incorporated, Makivik Corporation and Inuvialuit Regional Corporation in the appeal Hamlet of Clyde River et al. v. Petroleum Geo-Services Inc. (PGS) et al. (36692) and granting leave to intervene to Mohawk Council of Kahnawà:ke, Suncor Energy Marketing Inc. and Mississaugas of the New Credit First Nation in the appeal Chippewas of the Thames First Nation v. Enbridge Pipelines Inc. et al. (36776);
IT IS HEREBY FURTHER ORDERED THAT:
The Attorney General for Ontario, the Attorney General for Saskatchewan, Nunavut Tunngavik Incorporated, Mohawk Council of Kahnawà:ke, Suncor Energy Marketing Inc. and Mississaugas of the New Credit First Nation are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeals.
Inuvialuit Regional Corporation is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals.
Granted
2016-11-21 Correspondence received from, 2 reserved seats requested Makivik Corporation
2016-11-21 Notice of appearance, Nicholas Dodd and David Schulze will be present at the hearing. Makivik Corporation
2016-11-18 Reply factum on appeal, (Book Form), Joint with 36776, Completed on: 2016-11-18 Attorney General of Canada
2016-11-18 Reply factum on appeal, (Book Form), Completed on: 2016-11-18 Petroleum Geo-Services Inc. (PGS)
2016-11-16 Notice of appearance, Maxime Faille, Jaimie Lickers and Guy Régimbald will be present at the hearing. Chiefs of Ontario
2016-11-15 Correspondence received from, 8 reserved seats requested Hamlet of Clyde River
2016-11-15 Notice of appearance, Nader Hasan, Justin Safayeni and Pam Hrick will be present at the hearing. Hamlet of Clyde River
2016-11-10 Correspondence received from, 2 reserved seats requested Attorney General of Canada
2016-11-10 Notice of appearance, Mark Kindrachuk and Peter Southey will be present at the hearing. Attorney General of Canada
2016-11-10 Notice of appearance, Kate Darling, Lorraine Land, Matt McPherson and Krista Nerland will be present at the hearing. Inuvialuit Regional Corporation
2016-11-04 Intervener's book of authorities, (Book Form), Joint with 36776, Completed on: 2016-11-04 Chiefs of Ontario
2016-11-04 Intervener's factum, (Book Form), Joint with 36776, Completed on: 2016-11-04 Chiefs of Ontario
2016-11-04 Intervener's book of authorities, (Book Form), Joint with 36776, Completed on: 2016-11-04 Attorney General for Saskatchewan
2016-11-04 Intervener's factum, (Book Form), Joint with 36776, Completed on: 2016-11-04 Attorney General for Saskatchewan
2016-11-04 Intervener's book of authorities, (Book Form), Joint with 36776, Completed on: 2016-11-04 Nunavut Wildlife Management Board
2016-11-04 Intervener's factum, (Book Form), Joint with 36776, Completed on: 2016-11-04 Nunavut Wildlife Management Board
2016-11-04 Intervener's factum, (Book Form), Joint with 36776, Completed on: 2016-11-04 Attorney General for Ontario
2016-11-04 Notice of appearance, Sandy Carpenter and Ian Breneman will be present at the hearing. Petroleum Geo-Services Inc. (PGS)
2016-11-04 Intervener's book of authorities, (Book Form), Completed on: 2016-11-04 Inuvialuit Regional Corporation
2016-11-04 Intervener's factum, (Book Form), Completed on: 2016-11-04 Inuvialuit Regional Corporation
2016-11-04 Intervener's book of authorities, (Book Form), (3 volumes), Completed on: 2016-11-04 Makivik Corporation
2016-11-04 Intervener's factum, (Book Form), Completed on: 2016-11-04 Makivik Corporation
2016-11-03 Intervener's book of authorities, (Book Form), Completed on: 2016-11-03 Nunavut Tunngavik Incorporated
2016-11-03 Intervener's factum, (Book Form), Completed on: 2016-11-03 Nunavut Tunngavik Incorporated
2016-10-27 Correspondence received from, 3 reserved seats requested Nunavut Tunngavik Incorporated
2016-09-15 Notice of hearing sent to parties
2016-09-13 Decision on motion to extend time, Ga, see order below
Granted
2016-09-13 Submission of motion to extend time, Ga
2016-09-13 Order on motion for leave to intervene, by Justice Gascon
2016-09-13 Decision on the motion for leave to intervene, Ga, UPON APPLICATIONS by the Attorney General for Ontario; the Attorney General for Saskatchewan; the Canadian Chamber of Commerce; the Nunavut Wildlife Management Board; and Beaver Lake Cree Nation and Ermineskin Cree Nation (jointly) for leave to intervene in the above appeals;

AND UPON APPLICATIONS by the National Energy Board; Amnesty International; Nunavut Tunngavik Incorporated; Makivik Corporation; Charlie Watt, Rosemarie Kuptana, Peter Ittinuar and Tagak Curley (jointly) and Inuvialuit Regional Corporation for leave to intervene in the appeal Hamlet of Clyde River et al. v. Petroleum Geo-Services Inc. (PGS) et al. (36692);

AND UPON APPLICATIONS by Mohawk Council of Kahnawà:ke; Suncor Energy Marketing Inc.; Haisla Nation and Mississaugas of the New Credit First Nation for leave to intervene in the appeal Chippewas of the Thames First Nation v. Enbridge Pipelines Inc. et al. (36776);

AND UPON APPLICATION by Prophet River First Nation and West Moberly First Nations (jointly) for an extension of time to serve their motion for leave to intervene and for leave to intervene in the appeal Hamlet of Clyde River et al. v. Petroleum Geo-Services Inc. (PGS) et al. (36692);
AND UPON APPLICATIONS by Mikisew Cree First Nation; Algonquins of Pikwakanagan First Nation; Tsleil-Waututh Nation and the Chiefs of Ontario for an extension of time to serve and file their motions for leave to intervene in the appeal Hamlet of Clyde River et al. v. Petroleum Geo-Services Inc. (PGS) et al. (36692) and for leave to intervene in both appeals;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for an extension of time are granted.
The motions for leave to intervene of the Attorney General for Ontario; the Attorney General for Saskatchewan; the Nunavut Wildlife Management Board and the Chiefs of Ontario in both appeals are granted and the said interveners shall be entitled to each serve and file a single factum common to both appeals not to exceed ten (10) pages in length, on or before November 4, 2016.

The motions for leave to intervene of Nunavut Tunngavik Incorporated; Makivik Corporation and Inuvialuit Regional Corporation are granted and the said interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length, on or before November 4, 2016, in the appeal Hamlet of Clyde River et al. v. Petroleum Geo-Services Inc. (PGS) et al. (36692).

The motions for leave to intervene of Mohawk Council of Kahnawà:ke; Suncor Energy Marketing Inc. and Mississaugas of the New Credit First Nation are granted and the said interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length, on or before November 4, 2016, in the appeal Chippewas of the Thames First Nation v. Enbridge Pipelines Inc. et al. (36776).

The motions for leave to intervene of the Canadian Chamber of Commerce; Beaver Lake Cree Nation and Ermineskin Cree Nation (jointly); Mikisew Cree First Nation; Algonquins of Pikwakanagan First Nation; Tsleil-Waututh Nation; the National Energy Board; Amnesty International; Charlie Watt, Rosemarie Kuptana, Peter Ittinuar and Tagak Curley (jointly); Prophet River First Nation and West Moberly First Nations (jointly) and Haisla Nation are dismissed.

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 appellants and the respondents in both appeals are each permitted to serve and file a single 10-page factum in reply to these interventions on or before November 18, 2016.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the corresponding appellant(s) and respondents any additional disbursements occasioned to the appellant(s) and respondents by their interventions.
Allowed in part
2016-09-13 Submission of motion for leave to intervene, (16 motions), Ga
2016-08-25 Response to the motion for leave to intervene, (Letter Form), Joint with 36776, Completed on: 2016-08-25 Attorney General of Canada
2016-08-25 Appeal perfected for hearing
2016-08-23 Respondent's book of authorities, Completed on: 2016-08-23 Petroleum Geo-Services Inc. (PGS)
2016-08-23 Respondent's record, (11 volumes), Joint, Completed on: 2016-08-23 Petroleum Geo-Services Inc. (PGS)
2016-08-23 Respondent's factum, Completed on: 2016-08-23 Petroleum Geo-Services Inc. (PGS)
2016-08-23 Respondent's book of authorities, Completed on: 2016-08-23 Attorney General of Canada
2016-08-23 Respondent's factum, (2 volumes), Completed on: 2016-08-23 Attorney General of Canada
2016-08-22 Response to the motion for leave to intervene, Joint with 36776 - Response to Mikisew Cree First Nation, Completed on: 2016-08-22 Attorney General of Canada
2016-08-18 Motion to extend time, (Book Form), (to serve and file the motion for leave to intervene) - included in the motion to intervene, Completed on: 2016-08-18 Chiefs of Ontario
2016-08-18 Motion to extend time, (Book Form), (to serve and file the motion for leave to intervene) - included in the motion to intervene, Completed on: 2016-08-18 Tsleil-Waututh Nation
2016-08-18 Motion for leave to intervene, (Book Form), Joint with 36776 - With a motion for extension of time, Completed on: 2016-08-18 Chiefs of Ontario
2016-08-18 Motion for leave to intervene, (Book Form), Joint with 36776 - With a motion for extension of time, Completed on: 2016-08-18 Tsleil-Waututh Nation
2016-08-18 Response to the motion for leave to intervene, (Letter Form), proof of service to come , Completed on: 2016-08-18, (Printed version filed on 2016-08-18) Hamlet of Clyde River
2016-08-16 Motion to extend time, (Book Form), (Included in the motion for leave to intervene), TO SERVE AND FILE TO MOTION FOR INTERVENTION, Completed on: 2016-08-16, (Electronic version filed on 2016-08-16) Algonquins of Pikwakanagan First Nation
2016-08-16 Motion for leave to intervene, (Book Form), Completed on: 2016-08-16, (Electronic version filed on 2016-08-16) Algonquins of Pikwakanagan First Nation
2016-08-15 Response to the motion for leave to intervene, Completed on: 2016-08-15 Attorney General of Canada
2016-08-12 Motion to extend time, (Book Form), (Included in the motion for leave to intervene), to serve and file the motion for leave to intervene, Completed on: 2016-08-15, (Electronic version filed on 2016-08-12) Mikisew Cree First Nation
2016-08-12 Motion for leave to intervene, (Book Form), Completed on: 2016-08-15, (Electronic version filed on 2016-08-12) Mikisew Cree First Nation
2016-08-10 Appeal hearing scheduled, 2016-11-30
Judgment reserved
2016-08-08 Motion to extend time, (Letter Form), By: Prophet River First Nation and West Moberly First Nations - to serve the motion to intervene., Completed on: 2016-08-08 Prophet River First Nation and West Moberly First Nations
2016-08-03 Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-08-03 Petroleum Geo-Services Inc. (PGS)
2016-08-03 Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-08-03 Hamlet of Clyde River
2016-08-02 Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-08-02 Attorney General of Canada
2016-07-26 Motion for leave to intervene, (Book Form), Fee, paper copy and proof of service missing - rec'd Aug.3/2016. Motion to ext. time to serve missing -rec'd Aug.4/2016., Completed on: 2016-08-08, (Printed version filed on 2016-08-03) Prophet River First Nation and West Moberly First Nations
2016-07-26 Motion for leave to intervene, (Book Form), Completed on: 2016-07-26, (Electronic version filed on 2016-07-26) Attorney General for Ontario
2016-07-26 Motion for leave to intervene, (Book Form), Completed on: 2016-07-26, (Electronic version filed on 2016-07-26) Inuvialuit Regional Corporation
2016-07-26 Motion for leave to intervene, (Book Form), to interven in both cases (36692 and 36776)., Completed on: 2016-07-26, (Electronic version filed on 2016-07-26) Beaver Lake Cree Nation and Ermineskin Cree Nation
2016-07-26 Motion for leave to intervene, (Book Form), Completed on: 2016-07-26, (Electronic version filed on 2016-07-26) Charlie Watt, Rosemary Kuptana, Peter Ittinuar and Tagak Curley
2016-07-26 Motion for leave to intervene, (Book Form), to interven in both cases (36692 and 36776)., Completed on: 2016-07-26, (Electronic version filed on 2016-07-26) Nunavut Wildlife Management Board
2016-07-26 Motion for leave to intervene, (Book Form), Proof of service missing. Received 2016-07-27., Completed on: 2016-07-26, (Electronic version filed on 2016-07-26) Makivik Corporation
2016-07-26 Intervener's book of authorities, (Book Form), Completed on: 2016-07-26, (Electronic version filed on 2016-07-26) Canadian Chamber of Commerce
2016-07-26 Motion for leave to intervene, (Book Form), Completed on: 2016-07-26, (Electronic version filed on 2016-07-26) Canadian Chamber of Commerce
2016-07-25 Motion for leave to intervene, (Book Form), to interven in both cases (36692 and 36776)., Completed on: 2016-07-25, (Electronic version filed on 2016-07-25) Attorney General for Saskatchewan
2016-07-25 Motion for leave to intervene, (Book Form), Completed on: 2016-07-25, (Electronic version filed on 2016-07-25) Nunavut Tunngavik Incorporated
2016-07-22 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2016-07-22, (Electronic version filed on 2016-07-22) National Energy Board
2016-07-22 Motion for leave to intervene, (Book Form), Completed on: 2016-07-22, (Electronic version filed on 2016-07-22) Amnesty International
2016-07-20 Response to the motion for leave to intervene, (Letter Form), proof of service to come, Completed on: 2016-07-20, (Electronic version filed on 2016-07-20) Hamlet of Clyde River
2016-07-15 Motion for leave to intervene, (Book Form), Completed on: 2016-07-15, (Electronic version filed on 2016-07-15) National Energy Board
2016-07-05 Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-07-05) Hamlet of Clyde River
2016-06-28 Appellant's book of authorities, (3 volumes), Completed on: 2016-06-28 Hamlet of Clyde River
2016-06-28 Appellant's record, (5 volumes), Completed on: 2016-06-28 Hamlet of Clyde River
2016-06-28 Appellant's factum, Completed on: 2016-06-28 Hamlet of Clyde River
2016-06-21 Notice of change of counsel, Sandy Carpenter from Blake Cassels & Graydon LLP is now counsel of record. Petroleum Geo-Services Inc. (PGS)
2016-06-13 Order on motion to adduce new evidence, by Justice Brown
2016-06-13 Decision on motion to adduce new evidence, Br, UPON APPLICATION by the appellants for an order to adduce new evidence, namely the affidavits of Dr. Linda Weilgart and Professor George Wenzel;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed with costs to the respondent, TGS-NOPEC Geophysical Company ASA (TGS).

Dismissed, with costs
2016-06-13 Submission of motion to adduce new evidence, Br
2016-05-24 Response to the motion to adduce new evidence, (15 copies), Completed on: 2016-05-24 Petroleum Geo-Services Inc. (PGS)
2016-05-24 Response to the motion to adduce new evidence, (15 copies), Completed on: 2016-05-24 TGS-Nopec Geophysical Company ASA (TGS)
2016-05-24 Response to the motion to adduce new evidence, Completed on: 2016-05-24 Attorney General of Canada
2016-05-13 Supplemental document, Authorities with motion (15 copies), Completed on: 2016-05-13 Hamlet of Clyde River
2016-05-13 Motion to adduce new evidence, (Book Form), (15 copies), Completed on: 2016-05-13 Hamlet of Clyde River
2016-04-11 Correspondence received from, (Letter Form), Mr. Ilasan re: request exemption from printing an appellant's record (formal motion requested), (Electronic version filed on 2016-04-11) Hamlet of Clyde River
2016-04-06 Notice of appeal, (Letter Form), Completed on: 2016-04-11, (Electronic version filed on 2016-04-11) Hamlet of Clyde River
2016-03-24 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2016-03-11 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2016-03-11 Judgment on leave sent to the parties
2016-03-10 Decision on the application for leave to appeal, CJ Mo Ga, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-354-14, 2015 FCA 179, dated August 17, 2015, is granted without costs. The appeal is to be heard with Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., et al. (36776).
Granted, without costs
2016-02-08 All materials on application for leave submitted to the Judges, CJ Mo Ga
2016-02-03 Correspondence received from, (Letter Form), from counsel for the respondent TGS on 2016-02-03 re will not file a motion in response to correspondence dated 2016-01-19 from the applicant TGS-Nopec Geophysical Company ASA (TGS)
2016-02-02 Correspondence received from, (Letter Form), from counsel for the applicants 2016-02-02 re: will not file a motion to expedite Hamlet of Clyde River
2016-02-02 Correspondence received from, (Letter Form), from counsel for the respondents MKI and PGS 2016-02-02 re: will not submit motion in response to letter from applicant dated 2016-01-19, (Printed version filed on 2016-02-02) Petroleum Geo-Services Inc. (PGS)
2016-02-01 Correspondence received from, (Letter Form), from counsel for the AG, respondent, 2016-02-01 re: correspondence from the applicant on 2016-01-19 - will not be responding, (Printed version filed on 2016-02-01) Attorney General of Canada
2016-01-25 Correspondence received from, (Letter Form), from counsel for the respondent TGS dated 2016-01-24 re: correspondence received from counsel for the applicant dated 2016-01-19, (Printed version filed on 2016-01-25) TGS-Nopec Geophysical Company ASA (TGS)
2016-01-21 Correspondence received from, (Letter Form), from counsel for the respondent dated 2016-01-21 re: correspondence from counsel for the applicants dated 2016-01-19, (Printed version filed on 2016-01-21) Multi Klient Invest AS (MKI)
2016-01-19 Correspondence received from, (Letter Form), from counsel for the applicants dated 2016-01-19 re: possible relation to another file (36776), (Electronic version filed on 2016-01-19) Hamlet of Clyde River
2015-12-04 Supplemental document, (Book Form), Reply book of authorities, (Electronic version filed on 2015-12-03) Hamlet of Clyde River
2015-12-03 Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-12-03, (Electronic version filed on 2015-12-04) Hamlet of Clyde River
2015-11-23 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-11-23) Petroleum Geo-Services Inc. (PGS)
2015-11-23 Notice of name, (Letter Form), (Electronic version filed on 2015-11-23) Petroleum Geo-Services Inc. (PGS)
2015-11-23 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-11-23 Petroleum Geo-Services Inc. (PGS)
2015-11-23 Book of authorities, (Book Form), (2 volumes) TGS-Nopec Geophysical Company ASA (TGS)
2015-11-23 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-11-23) TGS-Nopec Geophysical Company ASA (TGS)
2015-11-23 Notice of name, (Letter Form), (Electronic version filed on 2015-11-23) TGS-Nopec Geophysical Company ASA (TGS)
2015-11-23 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-11-23, (Electronic version filed on 2015-11-23) TGS-Nopec Geophysical Company ASA (TGS)
2015-11-23 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-11-24) Attorney General of Canada
2015-11-23 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-11-23, (Electronic version filed on 2015-11-23) Attorney General of Canada
2015-10-22 Letter acknowledging receipt of a complete application for leave to appeal, File opened 2015-10-22
2015-10-16 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-10-16) Hamlet of Clyde River
2015-10-16 Notice of name, (Letter Form), (Electronic version filed on 2015-10-16) Hamlet of Clyde River
2015-10-16 Application for leave to appeal, (Book Form), Completed on: 2015-10-16, (Electronic version due on 2015-10-23) Hamlet of Clyde River