Tercon Contractors Ltd. v. Her Majesty the Queen in Right of the Province of British Columbia, by her Ministry of Transportation and Highways
(British Columbia) (Civil) (By Leave)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
|2010-02-15||Formal judgment sent to the registrar of the court of appeal and all parties|
|2010-02-15||Judgment on appeal and notice of deposit of judgment sent to all parties|
|2010-02-12||Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA033983, 2007 BCCA 592, dated December 3, 2007, heard on March 23, 2009, is allowed, the order of the Court of Appeal is set aside and the judgment of the trial judge is restored, McLachlin C.J. and Binnie, Abella and Rothstein JJ. dissenting.
|2009-04-09||Transcript received, (68 pages)|
|2009-03-23||Intervener's condensed book, Filed in Court on March 23/09||Attorney General of Ontario|
|2009-03-23||Respondent's condensed book, Filed in Court Mar. 23/09||Her Majesty the Queen in Right of the Province of British Columbia, by her Ministry of Transportation and Highways|
|2009-03-23||Appellant's condensed book, filed in Court Mar. 23/09||Tercon Contractors Ltd.|
|2009-03-23||Acknowledgement and consent for video taping of proceedings, All parties agreed|
|2009-03-23||Judgment reserved OR rendered with reasons to follow|
|2009-03-23||Hearing of the appeal, 2009-03-23, CJ Bi LeB De F Abe Cha Ro Cro
|2009-03-17||Correspondence received from, Noel & Ass re: 11 copies of supplemental authorities and CD (sent to the Court March 18, 2009)||Her Majesty the Queen in Right of the Province of British Columbia, by her Ministry of Transportation and Highways|
|2009-03-11||Supplemental document, (Authorities), Completed on: 2009-03-11||Tercon Contractors Ltd.|
|2009-03-02||Notice of appearance, William McLean, Brian McLean, Chris Armstrong and Marie-France Major will be present at the hearing.||Tercon Contractors Ltd.|
|2009-02-25||Notice of appearance, Lucy McSweeney and Malliha Wilson will be present at the hearing.||Attorney General of Ontario|
|2009-02-24||Order by, Bi, FURTHER TO THE ORDER dated January 16, 2009, granting leave to intervene to the Attorney General of Ontario;
IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
|2009-02-23||Supplemental document, Supplemental Record (Rule 29(4)), Completed on: 2009-02-24||Tercon Contractors Ltd.|
|2009-02-23||Supplemental document, Supplemental Book of Authorities (Rule 29(4)), Completed on: 2009-02-24||Tercon Contractors Ltd.|
|2009-02-23||Reply factum on appeal, (Rule 29(4)) CD and Form to follow - rec'd Feb. 24/09), Completed on: 2009-02-24||Tercon Contractors Ltd.|
|2009-02-23||Intervener's book of authorities, Completed on: 2009-02-23||Attorney General of Ontario|
|2009-02-23||Intervener's factum, Form to follow, Completed on: 2009-03-13||Attorney General of Ontario|
|2009-02-20||Notice of appearance, Edward Gouge, Jonathan Eades and Kate Hamm will be present at the hearing.||Her Majesty the Queen in Right of the Province of British Columbia, by her Ministry of Transportation and Highways|
|2009-02-09||Respondent's book of authorities, (2 volumes), Completed on: 2009-02-09|
|2009-02-09||Respondent's record, Completed on: 2009-02-09|
|2009-02-09||Respondent's factum, (Rule 29(3) at paragraphs 36 to 43), Completed on: 2009-03-13|
|2009-01-21||Appeal perfected for hearing|
|2009-01-19||Letter sent to Intervener(s)|
|2009-01-16||Order on motion for leave to intervene, (BY BINNIE J.)|
|2009-01-16||Decision on the motion for leave to intervene, Bi, UPON APPLICATION by the Attorney General of Ontario for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
AND NOTE BEING TAKEN of the proposed intervener’s intention to take “the position that the appeal should be allowed”;
IT IS HEREBY ORDERED THAT:
The motion leave to intervene by the Attorney General of Ontario is granted. The intervener shall be entitled to serve and file a factum in this appeal not to exceed 10 pages in length on or before February 23, 2009.
The intervener is to address the questions of law without taking any position as to whether, on the facts, the appeal should be granted or dismissed.
The request to present oral argument is 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) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention.
|2009-01-16||Submission of motion for leave to intervene, Bi|
|2008-12-29||Response to the motion for leave to intervene, (Letter Form), undated from Brian G. McLean, Completed on: 2008-12-29||Tercon Contractors Ltd.|
|2008-12-22||Motion for leave to intervene, (bookform), Completed on: 2008-12-22||Attorney General of Ontario|
|2008-12-17||Notice of hearing sent to parties|
|2008-11-25||Appellant's book of authorities, Vol. 1 and 2, Completed on: 2008-11-25||Tercon Contractors Ltd.|
|2008-11-25||Appellant's record, (2 volumes), Completed on: 2008-11-25||Tercon Contractors Ltd.|
|2008-11-25||Appellant's factum, CD missing - Rec'd on Dec. 1, 2008, Completed on: 2008-12-04||Tercon Contractors Ltd.|
|2008-11-24||Notice of hearing sent to parties|
|2008-11-24||Appeal hearing scheduled, 2009-03-23
|2008-09-09||Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)|
|2008-09-02||Notice of appeal, 1 original + 2 copies and CD-rom filed, Completed on: 2008-09-02||Tercon Contractors Ltd.|
|2008-07-11||Copy of formal judgment sent to Registrar of the Court of Appeal and all parties|
|2008-07-11||Judgment on leave sent to the parties|
|2008-07-10||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 CA033983, 2007 BCCA 592, dated December 3, 2007, is granted.
|2008-05-05||All materials on application for leave submitted to the Judges, CJ F Ro|
|2008-03-10||Applicant's reply to respondent's argument, Completed on: 2008-03-10||Tercon Contractors Ltd.|
|2008-02-28||Book of authorities, (2 volumes)|
|2008-02-28||Respondent's response on the application for leave to appeal, Completed on: 2008-02-28|
|2008-02-18||Correspondence received from, B. McLean, dated Feb. 12/08 re: enc. CA Order Form||Tercon Contractors Ltd.|
|2008-02-06||Correspondence received from, Lang, re: inserts for appl. for leave and revised ToA||Tercon Contractors Ltd.|
|2008-02-06||Correspondence received from, P. Landry, by fax, dated Feb. 6/08 re: will be acting as agent for ABBC|
|2008-02-04||Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order|
|2008-02-01||Application for leave to appeal, Draft Order included, CA Order rec'd March 4/08, Completed on: 2008-02-04||Tercon Contractors Ltd.|
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