Docket

34283

Sun-Rype Products Ltd., et al. v. Archer Daniels Midland Company, 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)
2014-05-13 Appeal closed
2014-05-13 Discontinuance of the bill of costs, (all three bills of costs) Archer Daniels Midland Company
2014-04-30 Bill of costs, Completed on: 2014-04-30 Cargill Incorporated, Cerestar USA Inc., formerly known as America Maize-Products Company
2014-04-30 Bill of costs, Completed on: 2014-04-30 Corn Products International Inc., Bestfoods Inc., formerly known as CPC International Inc.
2014-04-30 Bill of costs, Completed on: 2014-04-30 Archer Daniels Midland Company
2013-11-01 Formal judgment sent to the registrar of the court of appeal and all parties
2013-11-01 Judgment on appeal and notice of deposit of judgment sent to all parties
2013-10-31 Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA038308, CA038314, CA038324, 2011 BCCA 187, dated April 15, 2011, heard on October 17, 2012 is dismissed with costs, Cromwell and Karakatsanis JJ. dissenting. The cross- appeal is allowed with costs.
Dismissed, with costs
2012-11-05 Transcript received, (221 pages)
2012-10-17 Judgment reserved OR rendered with reasons to follow
2012-10-17 Hearing of the appeal, 2012-10-17, CJ LeB F Abe Ro Cro Mo Ka Wa
Judgment reserved
2012-10-17 Intervener's condensed book, (Book Form), Filed in Court Canadian Chamber of Commerce
2012-10-17 Respondent's condensed book, (Book Form), Filed in Court Archer Daniels Midland Company
2012-10-17 Respondent's condensed book, (Book Form), Filed in Court Corn Products International Inc., Bestfoods Inc., formerly known as CPC International Inc.
2012-10-17 Respondent's condensed book, (Book Form), Filed in Court Cargill Limited
2012-10-17 Appellant's condensed book, (Book Form), Filed in Court and joint with 34282 Sun-Rype Products Ltd.
2012-10-17 Acknowledgement and consent for video taping of proceedings, All parties consented
2012-10-16 Notice of appearance, Michael Sobkin will also be appearing Sun-Rype Products Ltd.
2012-10-12 Correspondence received from, Nathanson, Schatchter & Thompson re: J. Kenneth McEwan, Stephen R Schachter and Michael Brown will be making oral submission Archer Daniels Midland Company
2012-10-11 Correspondence received from, 2 reserved seats rquested Sun-Rype Products Ltd.
2012-10-11 Notice of appearance, J.J. Camp, Reidar Mogerman and Melina Buckley will be present at the hearing. Sun-Rype Products Ltd.
2012-10-04 Correspondence received from, Michael Brown dated October 4, 2012. Re: Reply letter to the appellants Archer Daniels Midland Company
2012-10-03 Notice of appearance, John S. Tyhurst will be appearing Attorney General of Canada
2012-10-03 Correspondence received from, J.J. Camp dated October 3, 2012. Re: Response to the letter of October 1 from Archer Daniels Sun-Rype Products Ltd.
2012-10-02 Notice of appearance, Davit D. Akman and Adam Fanaki will be appearing Canadian Chamber of Commerce
2012-10-01 Supplemental document, (Book of Autorities - CD missing - Rec'd on October 12, 2012), Completed on: 2012-10-12 Archer Daniels Midland Company
2012-10-01 Correspondence received from, Sally Gomery dated Oct. 1/12 re: filing of a Supplemental Authorities and further submission Archer Daniels Midland Company
2012-09-13 Order by, Ro, FURTHER TO THE ORDER dated July 18, 2012, granting leave to intervene to the Attorney General of Canada in both appeals and the Canadian Chamber of Commerce for leave to intervene in the appeal of Sun-Rype Products Ltd., et al. v. Archer Daniels Midland Company, et al. (34283);
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeals.
Granted, no order as to costs
2012-09-12 Intervener's book of authorities, Completed on: 2012-09-12 Canadian Chamber of Commerce
2012-09-12 Intervener's factum, Completed on: 2012-09-12 Canadian Chamber of Commerce
2012-09-12 Intervener's book of authorities, Joint with 34282, Completed on: 2012-09-12 Attorney General of Canada
2012-09-12 Intervener's factum, Joint with 34282, Completed on: 2012-09-12 Attorney General of Canada
2012-09-11 Correspondence received from, Gowlings by email, Re: request for 1 reserved seat Canadian Chamber of Commerce
2012-09-11 Notice of appearance, Davit D. Akman and Adam Fanaki will be present at the hearing Canadian Chamber of Commerce
2012-09-06 Correspondence received from, 1 reserved seat requested Casco Inc. and Unilever PLC doing business as Unilever Bestfoods North America
2012-09-06 Correspondence received from, 3 reserved seats requested Cargill Limited
2012-09-05 Correspondence received from, Mr. Geoffrey Gomery dated September 4/12 re: reply to letters dated August 29/12 Archer Daniels Midland Company
2012-08-29 Correspondence received from, J.J. Camp dated August 29/12 re: response of letter dated August 21/12 Sun-Rype Products Ltd.
2012-08-21 Correspondence received from, Mr. Gomery dated Aug. 21/12 and rec'd by fax re: allocation of time c.c. to all parties Corn Products International Inc., Bestfoods Inc., formerly known as CPC International Inc.
2012-08-14 Notice of appearance, Peter R. Senkpiel will also be appearing for the respondent Corn Products International Inc., Bestfoods Inc., formerly known as CPC International Inc.
2012-08-13 Notice of appearance, Stephen R. Schachter, Q.C. and Geoffrey B. Gomery, Q.C. will be appearing Corn Products International Inc., Bestfoods Inc., formerly known as CPC International Inc.
2012-08-13 Notice of appearance, J. Kenneth McEwan, Q.C. and Eileen M. Patel will be appearing Cargill Incorporated, Cerestar USA Inc., formerly known as America Maize-Products Company
2012-08-13 Notice of appearance, Gregory J. Nash, D. Michael Brown and David K. Yule will be appearing Archer Daniels Midland Company
2012-07-24 Order on motion to extend time
2012-07-24 Decision on motion to extend time, to serve and file the Respondents' factum and the book of authorities on cross-appeal to July 6/12, DeRg
Granted
2012-07-24 Submission of motion to extend time, DeRg
2012-07-24 Notice of hearing sent to parties
2012-07-23 Response to motion to extend time, (Letter Form), from Sally Gomery dated July 23/12, Completed on: 2012-07-23 Archer Daniels Midland Company
2012-07-19 Appeal hearing scheduled, 2012-10-17, (Early start 9:00a.m.)
Judgment reserved
2012-07-18 Order on motion for leave to intervene, (BY DESCHAMPS J.)
2012-07-18 Decision on the motion for leave to intervene, (joint with 34282), De, UPON APPLICATIONS by the Attorney General of Canada for leave to intervene in the above appeals;
AND UPON APPLICATION by the Canadian Chamber of Commerce for leave to intervene in the appeal of Sun-Rype Products Ltd., et al. v. Archer Daniels Midland Company, et al. (34283);
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Attorney General of Canada are granted and the said intervener shall be entitled to serve and file a single factum not to exceed 10 pages in length in these appeals on or before September 12, 2012.
The motion for leave to intervene of the Canadian Chamber of Commerce is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length in the appeal of Sun-Rype Products Ltd., et al. v. Archer Daniels Midland Company, et al. (34283) on or before September 12, 2012.
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 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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by their interventions
Granted
2012-07-18 Submission of motion for leave to intervene, De
2012-07-06 Respondent's book of authorities - cross appeal, vol. 1 to 4, Completed on: 2012-07-06 Sun-Rype Products Ltd.
2012-07-06 Respondent's factum - cross appeal, Completed on: 2012-07-06 Sun-Rype Products Ltd.
2012-07-06 Motion to extend time, to serve and file the Respondents' factum and the book of authorities on cross-appeal to July 6/12, Completed on: 2012-07-06 Sun-Rype Products Ltd.
2012-05-25 Appellant's factum - cross appeal, Included in the factum, Completed on: 2012-05-25 Archer Daniels Midland Company
2012-05-25 Appellant's factum - cross appeal, Included in the factum, Completed on: 2012-05-25 Cargill Incorporated, Cerestar USA Inc., formerly known as America Maize-Products Company
2012-05-25 Respondent's factum, Completed on: 2012-05-25 Cargill Incorporated, Cerestar USA Inc., formerly known as America Maize-Products Company
2012-05-25 Respondent's book of authorities, Joint (6 volumes), Completed on: 2012-05-25 Archer Daniels Midland Company
2012-05-25 Respondent's factum, Completed on: 2012-05-25 Archer Daniels Midland Company
2012-05-25 Appeal perfected for hearing
2012-05-24 Respondent's record, Joint, Completed on: 2012-05-24 Archer Daniels Midland Company
2012-05-24 Appellant's factum - cross appeal, Included in the factum, Completed on: 2012-05-24 Corn Products International Inc., Bestfoods Inc., formerly known as CPC International Inc.
2012-05-24 Respondent's factum, Completed on: 2012-05-24 Corn Products International Inc., Bestfoods Inc., formerly known as CPC International Inc.
2012-05-14 Reply to the motion for leave to intervene, Completed on: 2012-05-14 Canadian Chamber of Commerce
2012-05-07 Response to the motion for leave to intervene, (bookform) (by A.G. Can. and CCC), Completed on: 2012-05-07 Sun-Rype Products Ltd.
2012-04-27 Motion for leave to intervene, on cross-appeals (bookform), Completed on: 2012-04-27 Canadian Chamber of Commerce
2012-04-27 Motion for leave to intervene, (bookform), Completed on: 2012-04-27 Attorney General of Canada
2012-03-30 Appellant's book of authorities, (2 volumes), Completed on: 2012-03-30 Sun-Rype Products Ltd.
2012-03-30 Appellant's record, (3 volumes), Completed on: 2012-03-30 Sun-Rype Products Ltd.
2012-03-30 Appellant's factum, Completed on: 2012-03-30 Sun-Rype Products Ltd.
2012-03-08 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2011-12-22 Notice of appeal, Completed on: 2011-12-22 Sun-Rype Products Ltd.
2011-12-02 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2011-12-02 Judgment on leave sent to the parties
2011-12-01 Judgment of the Court on the application for leave to appeal, The application for leave to appeal and the applications for leave to cross-appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA038308, CA038314 and CA038324, 2011 BCCA 187, dated April 15, 2011, are granted with costs in the cause. The motion for a stay of consideration of the leave application is dismissed.
Granted, with costs in the cause
2011-12-01 Judgment of the Court on the application for leave to cross-appeal, see judgment
Granted, with costs in the cause
2011-11-22 Correspondence received from, Reidar M. Mogerman, dated Nov.21/11, Re: endorsement of the Ontario Superior Court of Justice dated Nov.21/11 (sent to the judges Nov. 23/11) Sun-Rype Products Ltd.
2011-11-17 Correspondence received from, Reidar M. Mogerman, dated Nov.16/11, Re: Decision of the Quebec Court of Appeal on Nov.16/11 (submitted to panel on Nov.18/11) Sun-Rype Products Ltd.
2011-10-03 All materials on application for leave submitted to the Judges, LeB F Cro
2011-10-03 All material on the application for leave to cross-appeal submitted to the Judges, LeB F Cro
2011-09-19 Supplemental document, (Decision of the Supreme Court of BC dated 2011-08-19) Sun-Rype Products Ltd.
2011-08-15 Reply to the memorandum in response to the argument on cross-appeal, (Letter Form), dated August 15, 2011 and flied by M. McEwan, re: the Cargill respondent rely upon the reply memo of Corn Products, Completed on: 2011-08-15 Cargill Incorporated, Cerestar USA Inc., formerly known as America Maize-Products Company
2011-08-12 Reply to the memorandum in response to the argument on cross-appeal, Completed on: 2011-08-12 Corn Products International Inc., Bestfoods Inc., formerly known as CPC International Inc.
2011-08-12 Reply to the memorandum in response to the argument on cross-appeal, (Letter Form), dated August 12, 2011 and filed by M. Nash, re: Archer relys upon the reply memo of the respondents dated August 11, 2011, Completed on: 2011-08-12 Archer Daniels Midland Company
2011-08-03 Memorandum of argument in response to the cross-appeal, (Joint with the reply to respondent's response), Completed on: 2011-08-05 Sun-Rype Products Ltd.
2011-08-03 Applicant's reply to respondent's argument, (Joint with the response for leave to cross-appeal), Completed on: 2011-08-05 Sun-Rype Products Ltd.
2011-06-29 Application for leave to cross-appeal, Conditional, Completed on: 2011-06-29 Cargill Incorporated, Cerestar USA Inc., formerly known as America Maize-Products Company
2011-06-29 Respondent's response on the application for leave to appeal, Service on applicant missing - Rec'd on July 6, 2011, Completed on: 2011-07-06 Cargill Incorporated, Cerestar USA Inc., formerly known as America Maize-Products Company
2011-06-28 Application for leave to cross-appeal, Completed on: 2011-06-28 Archer Daniels Midland Company
2011-06-28 Respondent's response on the application for leave to appeal, Completed on: 2011-06-28 Archer Daniels Midland Company
2011-06-28 Respondent's response on the application for leave to appeal, Completed on: 2011-06-28 Corn Products International Inc., Bestfoods Inc., formerly known as CPC International Inc.
2011-06-16 Book of authorities Corn Products International Inc., Bestfoods Inc., formerly known as CPC International Inc.
2011-06-16 Application for leave to cross-appeal, Completed on: 2011-06-17 Corn Products International Inc., Bestfoods Inc., formerly known as CPC International Inc.
2011-06-01 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order
2011-05-30 Application for leave to appeal, Final Order missing (form rec'd June 3/11) final rec'd June 15/11, Completed on: 2011-06-16 Sun-Rype Products Ltd.