Docket

29971

North Fraser Harbour Commission, et al. v. Attorney General of British Columbia, et al.

(British Columbia) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2005-03-23 Record returned to the Registrar of the Court of Appeal
2005-02-16 Appeal closed
2005-02-02 Transcript received, (31 pages)
2005-01-21 Judgment on appeal and notice of deposit of judgment sent to all parties
2005-01-20 Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA027158, 2003 BCCA 436, dated July 29, 2003, was heard this day and the following judgment was rendered:
The Chief Justice (orally) – The appeal is allowed for the reasons of Justice Rowles, dissenting in the Court of Appeal, with costs.
Allowed, with costs
2005-01-20 Supplemental document, Condensed book submitted in Court (14 copies) Attorney General of British Columbia
2005-01-20 Acknowledgement and consent for video taping of proceedings, From all parties
2005-01-20 Hearing of the appeal, 2005-01-20, CJ Ma Ba Bi LeB De F Abe Cha
Judgment rendered
2005-01-12 Notice of appearance, Nancy E. Brown and Elizabeth Rowbotham will be present at hearing. Attorney General of British Columbia
2005-01-10 Correspondence received from, J.W. Beedell re: supplemental authority Friends of the Earth/Les Ami(e)s de la Terre, Georgia Strait Alliance, T. Buck Suzuki Environmental Foundation and West Coast Environmental Law Association
2005-01-10 Book of authorities, (SUPPLEMENTAL), Completed on: 2005-01-10 Friends of the Earth/Les Ami(e)s de la Terre, Georgia Strait Alliance, T. Buck Suzuki Environmental Foundation and West Coast Environmental Law Association
2005-01-07 Notice of appearance, Robert V. Wright and Margot A. Venton will be present at hearing. Friends of the Earth/Les Ami(e)s de la Terre, Georgia Strait Alliance, T. Buck Suzuki Environmental Foundation and West Coast Environmental Law Association
2005-01-06 Notice of appearance, John R. Singleton and David G. Perry will be present at hearing. British Columbia Hydro and Power Authority
2005-01-05 Notice of appearance, North Fraser Harbour Commission will take 40 minutes and AG of BC (Respondent) will take 20 minutes in the splitting of time for oral arguments of the appellants. North Fraser Harbour Commission
2005-01-04 Notice of appearance, Michael P. Carroll, Q.C. and Monika B. Gehlen will be present at hearing. North Fraser Harbour Commission
2004-12-24 Correspondence received from, Mrs. Brown dated Dec. 23/04 re: she has no objection to sharing her time with the appellant Attorney General of British Columbia
2004-12-23 Correspondence received from, P. Wilson re: consent to order of appearance North Fraser Harbour Commission
2004-12-16 Correspondence received from, Mrs. Wilson re: timetable - she will respond as soon as she review the reply factum. North Fraser Harbour Commission
2004-12-14 Respondent's book of authorities, Supplemental, Completed on: 2005-01-06 British Columbia Hydro and Power Authority
2004-12-14 Reply factum on appeal, to the AGBC - see order of Dec. 3/04, Completed on: 2005-01-06 British Columbia Hydro and Power Authority
2004-12-09 Reply factum on appeal, to Friends of the Earth - see order of Sept. 9/04, Completed on: 2004-12-09 British Columbia Hydro and Power Authority
2004-12-07 Correspondence received from, David Perry re: counsel sheet speaking arrangement. cc to all parties British Columbia Hydro and Power Authority
2004-12-03 Order on motion to file a reply factum on appeal
2004-12-03 Decision on the motion to file a reply factum on appeal, of the respondent, British Columbia Hydro and Power Authority, (20 pages) on or before December 14/04, Ba
Granted
2004-12-02 Submission of motion to file a reply factum on appeal, Ba
2004-11-29 Response to motion to file a reply factum on appeal, (Letter Form), from Patricia J. Wilson dated Nov. 26/04, Completed on: 2004-11-29 North Fraser Harbour Commission
2004-11-26 Response to motion to file a reply factum on appeal, e-mail from Burke-Robertson dated Nov. 26/04, Completed on: 2004-11-26 Attorney General of British Columbia
2004-11-25 Correspondence received from, Patricia J. Wilson dated Nov. 25/04 North Fraser Harbour Commission
2004-11-25 Notice of hearing sent to parties
2004-11-25 Appeal hearing scheduled, 2005-01-20
Judgment rendered
2004-11-03 Motion to file a reply factum on appeal, (to the factum of the respondents), Completed on: 2004-11-17 British Columbia Hydro and Power Authority
2004-11-01 Order by, F, UPON APPLICATION by Friends of the Earth / Les Ami(e)s de la Terre, Georgia Strait Alliance, T. Buck Suzuki Environmental Foundation and West Coast Environmental Law Association, for leave to intervene in the above appeal and pursuant to the order of September 3, 2004;
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
2004-10-29 Book of authorities, Completed on: 2004-10-29 Friends of the Earth/Les Ami(e)s de la Terre, Georgia Strait Alliance, T. Buck Suzuki Environmental Foundation and West Coast Environmental Law Association
2004-10-29 Intervener's factum, Completed on: 2004-10-29 Friends of the Earth/Les Ami(e)s de la Terre, Georgia Strait Alliance, T. Buck Suzuki Environmental Foundation and West Coast Environmental Law Association
2004-10-19 Respondent's factum, Completed on: 2004-12-02 Attorney General of British Columbia
2004-10-18 Respondent's book of authorities, Completed on: 2004-12-02 Attorney General of British Columbia
2004-09-20 Order on motion to extend time
2004-09-20 Decision on motion to extend time, to serve and file the respondent, Attorney General of British Columbia's factum, record and book of authorities to Oct. 19/04 and to present oral argument at the hearing of the appeal, Ba
Granted
2004-09-20 Submission of motion to extend time, Ba
2004-09-14 Correspondence received from, (by fax) D.G. Perry, dated Sept. 13 re: deadline to file the reply British Columbia Hydro and Power Authority
2004-09-13 Reply to motion to extend time, (Letter Form), from Robert E. Houston, Q.C. dated 09/10/04, Completed on: 2004-09-13 Attorney General of British Columbia
2004-09-08 Appeal perfected for hearing
2004-09-07 Respondent's book of authorities, (service coming - rec'd Sept. 15), Completed on: 2004-09-21 British Columbia Hydro and Power Authority
2004-09-07 Respondent's record, (service coming - rec'd Sept. 15), Completed on: 2004-09-21 British Columbia Hydro and Power Authority
2004-09-07 Respondent's factum, (service missing - rec'd Sept.15), Completed on: 2004-09-21 British Columbia Hydro and Power Authority
2004-09-07 Response to motion to extend time, (additional response), Completed on: 2004-09-21 British Columbia Hydro and Power Authority
2004-09-03 Order on motion for leave to intervene, (BY FISH J.)
2004-09-03 Decision on the motion for leave to intervene, F, The motion for leave to intervene of the applicant, Friends of the Earth / Les Ami(e)s de la Terre, Georgia Strait Alliance, T. Buck Suzuki Environmental Foundation and West Coast Environmental Law Association, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length.
The requests to present oral argument are 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 raise new issues or 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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention.
IT IS HEREBY FURTHER ORDERED THAT:
The respondent, British Columbia Hydro and Power Authority, is granted leave to file a factum not to exceed 5 pages in reply to the factum of the intervener Friends of the Earth / Les Ami(e)s de la Terre, Georgia Strait Alliance, T. Buck Suzuki Environmental Foundation and West Coast Environmental Law Association.
Granted
2004-09-02 Submission of motion for leave to intervene, F
2004-08-31 Response to motion to extend time, (Letter Form), from Frank Falzon dated Aug. 25, Completed on: 2004-08-31 Deputy Director of Waste Management
2004-08-31 Response to motion to extend time, (Letter Form), from David Perry dated Aug. 20 (see additional response filed 09/07/04), Completed on: 2004-08-31 British Columbia Hydro and Power Authority
2004-08-31 Response to motion to extend time, (Letter Form), from Monika Gehlen dated Aug. 24, Completed on: 2004-08-31 North Fraser Harbour Commission
2004-08-31 Motion to extend time, to serve and file the factum, record and book of authorities of the respondent A.G. - B.C. to Oct.19/04, Completed on: 2004-08-31 Attorney General of British Columbia
2004-08-27 Reply to the motion for leave to intervene, to B.C. Hydro's response, Completed on: 2004-08-27 Friends of the Earth/Les Ami(e)s de la Terre, Georgia Strait Alliance, T. Buck Suzuki Environmental Foundation and West Coast Environmental Law Association
2004-08-20 Response to the motion for leave to intervene, (bookform), Completed on: 2004-08-30 British Columbia Hydro and Power Authority
2004-08-20 Response to the motion for leave to intervene, (Letter Form), (fax) fr. Patricia Wilson, Completed on: 2004-08-20 North Fraser Harbour Commission
2004-08-20 Response to the motion for leave to intervene, Completed on: 2004-08-20 Attorney General of British Columbia
2004-08-10 Motion for leave to intervene, (bookform), Completed on: 2004-08-10 Friends of the Earth/Les Ami(e)s de la Terre, Georgia Strait Alliance, T. Buck Suzuki Environmental Foundation and West Coast Environmental Law Association
2004-08-10 Correspondence received from, Frank A.V. Falzon dated 08/05/04 re: WILL NOT BE SUBMITTING A FACTUM Deputy Director of Waste Management
2004-07-13 Appellant's book of authorities, Completed on: 2004-07-13 North Fraser Harbour Commission
2004-07-13 Appellant's record, Completed on: 2004-07-13 North Fraser Harbour Commission
2004-07-13 Appellant's factum, Completed on: 2004-07-13 North Fraser Harbour Commission
2004-05-14 Correspondence received from, M. Gehlen dated May 14, 2004 (fax copy) re: further to her letter dated May 7, 2004 North Fraser Harbour Commission
2004-05-07 Correspondence received from, M. Gehlen dated May 7, 2004 (fax copy) re: requesting to remove the Respondent, Environmental Appeal Board from the style of cause North Fraser Harbour Commission
2004-05-07 Correspondence received from, M. Rankin dated April 20, 2004 and addressed to the parties (fax copy) re: does not intend to participate in the appeal Environmental Appeal Board
2004-05-05 Appeal court record, (1 large envelope)
2004-04-23 Notice of appeal, Completed on: 2004-04-23 North Fraser Harbour Commission
2004-04-05 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2004-03-26 Judgment on leave sent to the parties
2004-03-25 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA027158, dated July 29, 2003, is granted with no order as to costs.
Granted, no order as to costs
2004-02-16 All materials on application for leave submitted to the Judges, Ia Bi Arb
2003-11-03 Applicant's reply to respondent's argument, (to B.C. Hydro and Power Authority's response), Completed on: 2003-11-03 North Fraser Harbour Commission
2003-10-27 Respondent's response on the application for leave to appeal, Completed on: 2003-10-27 Attorney General of British Columbia
2003-10-24 Respondent's response on the application for leave to appeal, Completed on: 2003-10-29 British Columbia Hydro and Power Authority
2003-10-20 Letter acknowledging receipt of an incomplete application for leave to appeal
2003-09-29 Application for leave to appeal, (C/A Order filed Nov. 3/03 with service), Completed on: 2003-11-03 North Fraser Harbour Commission