Docket

36776

Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., et al.

(Federal Court) (Civil) (By Leave)

Proceedings
Date Proceeding Filed By
(if applicable)
2016-09-20 Order on motion to adduce new evidence, By Justice Côté
2016-09-20 Decision on motion to adduce new evidence, Côt, UPON APPLICATION by the respondent, Enbridge Pipelines Inc., for an order to adduce new evidence, namely the affidavit of Jeffrey Scott Paetz, sworn on August 17, 2016;
AND THE MATERIAL FILED having been read;
AND NOTING the consent of the other parties;
IT IS HEREBY ORDERED THAT:
The motion is granted, with no order as to costs.
Granted, no order as to costs
2016-09-20 Submission of motion to adduce new evidence, Côt
2016-09-15 Notice of hearing sent to parties
2016-09-15 Respondent's book of authorities, Completed on: 2016-09-15 Attorney General of Canada
2016-09-15 Respondent's factum, (2 volumes), Completed on: 2016-09-15 Attorney General of Canada
2016-09-14 Certificate of counsel (attesting to record) Enbridge Pipelines Inc.
2016-09-14 Respondent's book of authorities, (2 volumes), Completed on: 2016-09-14 Enbridge Pipelines Inc.
2016-09-14 Respondent's record, (3 volumes), Joint, Completed on: 2016-09-14 Enbridge Pipelines Inc.
2016-09-14 Respondent's factum, Completed on: 2016-09-14 Enbridge Pipelines Inc.
2016-09-14 Respondent's book of authorities, Completed on: 2016-09-14 National Energy Board
2016-09-14 Respondent's factum, Completed on: 2016-09-14 National Energy Board
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, (13 Motions), Ga
2016-09-02 Motion to adduce new evidence, (consent included), Completed on: 2016-09-02 Enbridge Pipelines Inc.
2016-08-30 Reply to the motion for leave to intervene, Completed on: 2016-08-30 Suncor Energy Marketing Inc.
2016-08-25 Response to the motion for leave to intervene, (Letter Form), Joint with 36692, Completed on: 2016-08-25 Attorney General of Canada
2016-08-24 Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-08-24 Chippewas of the Thames First Nation
2016-08-24 Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-08-24, (Printed version filed on 2016-08-24) Enbridge Pipelines Inc.
2016-08-22 Response to the motion for leave to intervene, Joint with 36692 - Response to Mikisew Cree First Nation, Completed on: 2016-08-22, (Printed version filed on 2016-08-22) Attorney General of Canada
2016-08-18 Motion for leave to intervene, (Book Form), Joint with 36692, Completed on: 2016-08-18 Chiefs of Ontario
2016-08-18 Motion for leave to intervene, (Book Form), Joint with 36692, Completed on: 2016-08-18 Tsleil-Waututh Nation
2016-08-18 Motion for leave to intervene, (Book Form), Completed on: 2016-08-18 Mississaugas of the New Credit First Nation
2016-08-18 Motion for leave to intervene, (Book Form), Completed on: 2016-08-18, (Printed version filed on 2016-08-18) Canadian Chamber of Commerce
2016-08-18 Motion for leave to intervene, (Letter Form), additional proof of service to follow, Completed on: 2016-08-18, (Printed version filed on 2016-08-18) Attorney General for Ontario
2016-08-17 Motion for leave to intervene, (Book Form), Completed on: 2016-08-17, (Electronic version filed on 2016-08-17) Haisla Nation
2016-08-17 Motion for leave to intervene, (Book Form), Completed on: 2016-08-17 Suncor Energy Marketing Inc.
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
2016-08-16 Motion for leave to intervene, (Book Form), Completed on: 2016-08-16, (Electronic version filed on 2016-08-18) Mohawk Council of Kahnawà:ke
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
2016-08-02 Correspondence received from, Moira Dillon dated on 2016-08-02. Re: Typo in the factum Chippewas of the Thames First Nation
2016-08-02 Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-08-02 Attorney General of Canada
2016-07-29 Correspondence received from, Scott Robertson, Re: response to letter from the court dated July 26, 2016 Chippewas of the Thames First Nation
2016-07-26 Correspondence (sent by the Court) to, all parties, Re: Shareholdings in Enbridge Pipelines Inc.
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), to interven in both cases (36692 and 36776)., Completed on: 2016-07-26, (Electronic version filed on 2016-07-26) Nunavut Wildlife Management Board
2016-07-25 Motion for leave to intervene, (Book Form), to interven in both case (36692 and 36776)., Completed on: 2016-07-25, (Electronic version filed on 2016-07-25) Attorney General for Saskatchewan
2016-07-21 Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-07-21) Chippewas of the Thames First Nation
2016-07-21 Appellant's book of authorities, (Book Form), (2 volumes), Completed on: 2016-07-21, (Electronic version filed on 2016-07-21) Chippewas of the Thames First Nation
2016-07-21 Appellant's record, (Book Form), (6 volumes), Completed on: 2016-07-21, (Electronic version filed on 2016-07-21) Chippewas of the Thames First Nation
2016-07-21 Appellant's factum, Corrections made on 2016-08-02, Completed on: 2016-07-21, (Electronic version filed on 2016-07-21) Chippewas of the Thames First Nation
2016-07-13 Notice of change of counsel, (Letter Form), new lawyer Jody Saunders, (Printed version filed on 2016-07-13) National Energy Board
2016-04-28 Order on motion to state a constitutional question, by the Chief Justice
2016-04-28 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant for an order stating constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed with costs to Enbridge Pipelines Inc.
Dismissed, with costs
2016-04-28 Submission of motion to state a constitutional question, CJ
2016-04-25 Reply to the motion to state a constitutional question, (Letter Form), Completed on: 2016-04-25, (Electronic version filed on 2016-04-25) Chippewas of the Thames First Nation
2016-04-18 Response to the motion to state a constitutional question, (Letter Form), Completed on: 2016-04-18, (Electronic version filed on 2016-04-18) Attorney General of Canada
2016-04-18 Correspondence received from, (Letter Form), Mr. Khan re: naming an agent National Energy Board
2016-04-18 Response to the motion to state a constitutional question, (Book Form), Completed on: 2016-04-18, (Electronic version filed on 2016-04-18) Enbridge Pipelines Inc.
2016-04-07 Motion to state a constitutional question, (Letter Form), Completed on: 2016-04-07, (Electronic version filed on 2016-04-07) Chippewas of the Thames First Nation
2016-04-07 Notice of appeal, (Letter Form), Completed on: 2016-04-07, (Electronic version filed on 2016-04-07) Chippewas of the Thames First Nation
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-358-14, 2015 FCA 222, dated October 20, 2015, is granted with costs in the cause. The appeal is to be heard with Hamlet of Clyde River Inc., et al. v. Petroleum Geo-Services Inc., et al. (36692).
Granted, with costs in the cause
2016-02-15 All materials on application for leave submitted to the Judges, CJ Mo Ga
2016-02-15 Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-02-18, (Electronic version filed on 2016-02-15) Chippewas of the Thames First Nation
2016-02-05 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-02-05) Enbridge Pipelines Inc.
2016-02-05 Notice of name, (Letter Form), (Electronic version filed on 2016-02-05) Enbridge Pipelines Inc.
2016-02-05 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-02-05, (Electronic version filed on 2016-02-05) Enbridge Pipelines Inc.
2016-02-05 Respondent's response on the application for leave to appeal, (Letter Form), will not be taking any position, Completed on: 2016-02-05, (Electronic version filed on 2016-02-05) Attorney General of Canada
2016-01-22 Respondent's response on the application for leave to appeal, (Letter Form), will not take part in the application, but may participate on the appeal, if leave is granted. (cc. to all parties), Completed on: 2016-01-22, (Electronic version filed on 2016-01-22) National Energy Board
2015-12-22 Letter acknowledging receipt of an incomplete application for leave to appeal, (File open) letter address to Mr. Hudson returned to us with mention of wrong address, letter resent by fax
2015-12-18 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-12-18) Chippewas of the Thames First Nation
2015-12-18 Application for leave to appeal, (Book Form), (2 volumes), Service rec'd 2016-01-05, Completed on: 2015-12-22, (Electronic version filed on 2015-12-18) Chippewas of the Thames First Nation