Docket

34404

Sally Behn, et al. v. Moulton Contracting Ltd., 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)
2013-10-11 Appeal closed
2013-10-10 Certificate of taxation issued to, Charles F. Willms
2013-10-10 Decision on the bill of costs, in the amount of $9,806.83, Reg
2013-10-10 Submission of the bill of costs, Reg
2013-06-07 Bill of costs, service and fee missing - rec'd July 3/13, Completed on: 2013-07-03 Moulton Contracting Ltd.
2013-05-10 Formal judgment sent to the registrar of the court of appeal and all parties
2013-05-10 Judgment on appeal and notice of deposit of judgment sent to all parties
2013-05-09 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), Number CA038107, 2011 BCCA 311, dated July 6, 2011, heard on December 11, 2012, is dismissed with costs to the respondent Moulton Contracting Ltd.
Dismissed, with costs
2013-02-12 Correspondence received from, Brian McLaughlin dated February 12, 2013. Re: Citing a decision 2013 BCCA 58 Attorney General of Canada
2012-12-21 Transcript received, (132 pages)
2012-12-17 Supplemental document, from Gowlings, Re: Supreme Court of BC judgment dated Aug.26/11 and memorandum to counsel from Justice Saunders dated Dec.7/12 (sent to panel on Jan.2/13), Completed on: 2012-12-17 Chief Liz Logan, on behalf of herself and all other members of the Fort Nelson First Nation and the said Fort Nelson First Nation
2012-12-11 Judgment reserved OR rendered with reasons to follow
2012-12-11 Hearing of the appeal, 2012-12-11, CJ LeB F Abe Ro Cro Mo Ka Wa
Judgment reserved
2012-12-11 Intervener's condensed book, (14 copies) distributed at the hearing Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority
2012-12-11 Intervener's condensed book, (14 copies) distributed at the hearing Attorney General of Canada
2012-12-11 Respondent's condensed book, (14 copies) distributed at the hearing Her Majesty the Queen in the Right of the Province of British Columbia
2012-12-11 Respondent's condensed book, (14 copies) distributed at the hearing Moulton Contracting Ltd.
2012-12-11 Appellant's condensed book, (14 copies) distributed at the hearing Sally Behn
2012-12-11 Acknowledgement and consent for video taping of proceedings, from all parties
2012-12-10 Correspondence received from, Mr. Meehan dated Dec. 10/12 re: correction to footnotes of the Chief Sally Sam's factum (sent to the Court Dec. 11/12) - new CD requested (rec'd Dec.13/12) Chief Sally Sam and Maiyoo Keyoh Society
2012-11-29 Correspondence received from, Gowlings, by email Re: request for reserved seats Sally Behn
2012-11-27 Correspondence received from, Charles F. WIllms, dated Nov. 26/12, by fax, Re: order of speakers Moulton Contracting Ltd.
2012-11-23 Notice of appearance, Brian McLaughlin will be present at the hearing Attorney General of Canada
2012-11-21 Correspondence received from, Christopher G. Devlin, Re: 3 reserved seats Chief Sally Sam and Maiyoo Keyoh Society
2012-11-19 Notice of appearance, Keith J. Phillips and Joel Oliphant will be present at the hearing Her Majesty the Queen in the Right of the Province of British Columbia
2012-11-13 Notice of appearance, Allisun Rana and Julie Tannahill will be present at the hearing Chief Liz Logan, on behalf of herself and all other members of the Fort Nelson First Nation and the said Fort Nelson First Nation
2012-11-13 Notice of appearance, Christopher Devlin and John Gailus will be present at the hearing Chief Sally Sam and Maiyoo Keyoh Society
2012-11-13 Supplemental document, (Book of authorities), Completed on: 2012-11-13 Sally Behn
2012-11-13 Notice of appearance, Jean Teillet and Nuri G. Frame will be present at the hearing Moose Cree First Nation
2012-11-09 Notice of appearance, John Hurley and François Dandonneau will be present at the hearing Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority
2012-11-08 Notice of appearance, John J.L. Hunter, Q.C., Mark S. Oulton and Stephanie L. McHugh will be present at the hearing Council of Forest Industries and Alberta Forest Products Association
2012-11-08 Notice of appearance, Charles F. Willms and Bridget Gilbride will be present at the hearing Moulton Contracting Ltd.
2012-10-17 Order by, Ro, FURTHER TO THE ORDERS dated August 21 and September 13, 2012, granting leave intervene to the Attorney General of Canada, the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority, the Chief Sally Sam and Maiyoo Keyoh Society, the Council of Forest Industries and Alberta Forest Products Association, Chief Liz Logan, on behalf of herself and all other members of the Fort Nelson First Nation and the said Fort Nelson First Nation and the Moose Cree First Nation;
IT IS HEREBY FURTHER ORDERED THAT the six groups of interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted, no order as to costs
2012-10-16 Intervener's book of authorities, (2 volumes), Completed on: 2012-10-16 Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority
2012-10-16 Intervener's factum, Completed on: 2012-10-16 Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority
2012-10-16 Intervener's book of authorities, Completed on: 2012-10-16 Moose Cree First Nation
2012-10-16 Intervener's factum, Completed on: 2012-10-16 Moose Cree First Nation
2012-10-16 Intervener's book of authorities, Completed on: 2012-10-16 Chief Liz Logan, on behalf of herself and all other members of the Fort Nelson First Nation and the said Fort Nelson First Nation
2012-10-16 Intervener's factum, Completed on: 2012-10-16 Chief Liz Logan, on behalf of herself and all other members of the Fort Nelson First Nation and the said Fort Nelson First Nation
2012-10-16 Intervener's book of authorities, Completed on: 2012-10-16 Chief Sally Sam and Maiyoo Keyoh Society
2012-10-16 Intervener's factum, Completed on: 2012-10-16 Chief Sally Sam and Maiyoo Keyoh Society
2012-10-16 Intervener's factum, Completed on: 2012-10-16 Council of Forest Industries and Alberta Forest Products Association
2012-10-12 Intervener's book of authorities, Completed on: 2012-10-12 Attorney General of Canada
2012-10-12 Intervener's factum, Completed on: 2012-10-12 Attorney General of Canada
2012-09-13 Correspondence (sent by the Court) to, Peter R. Grant in resonse to his letter of Aug. 27/12
2012-09-13 Order on motion for leave to intervene, (BY ROTHSTEIN J.)
2012-09-13 Decision on the motion for leave to intervene, Ro, UPON APPLICATION by the Moose Cree First Nation for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time to apply for leave to intervene and for leave to intervene of the Moose Cree First Nation is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before October 16, 2012.
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 is 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 intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by its intervention
Granted
2012-09-13 Submission of motion for leave to intervene, Ro
2012-09-12 Response to the motion for leave to intervene, email from Gowlings dated Sept. 12/12 (to Moose Cree), Completed on: 2012-09-12 Sally Behn
2012-09-12 Response to the motion for leave to intervene, (Letter Form), from Keith J. Phillips dated Sept. 11/12 (to Moose Cree), Completed on: 2012-09-12 Her Majesty the Queen in the Right of the Province of British Columbia
2012-09-11 Response to the motion for leave to intervene, (Letter Form), from Charles F. Willms dated Sept. 11/12 (to Moose Cree), Completed on: 2012-09-11 Moulton Contracting Ltd.
2012-09-07 Motion for leave to intervene, (Book Form), (joint with an extension of time), Completed on: 2012-09-10 Moose Cree First Nation
2012-08-31 Respondent's record, Completed on: 2012-09-07 Moulton Contracting Ltd.
2012-08-31 Respondent's book of authorities, Completed on: 2012-09-07 Moulton Contracting Ltd.
2012-08-31 Respondent's factum, cd to come (rec'd Sept.6/12), Completed on: 2012-09-07 Moulton Contracting Ltd.
2012-08-31 Appeal perfected for hearing
2012-08-30 Respondent's record, Completed on: 2012-08-30 Her Majesty the Queen in the Right of the Province of British Columbia
2012-08-30 Respondent's book of authorities, Completed on: 2012-08-30 Her Majesty the Queen in the Right of the Province of British Columbia
2012-08-30 Respondent's factum, Completed on: 2012-08-30 Her Majesty the Queen in the Right of the Province of British Columbia
2012-08-27 Correspondence received, Peter Grant dated Aug. 27/12 and rec'd by fax re: intervention
2012-08-21 Order on motion to add or substitute parties, (BY ROTHSTEIN J.)
2012-08-21 Decision on motion to add or substitute parties, Ro, UPON APPLICATION by Chief Liz Logan, on behalf of herself and all other members of the Fort Nelson First Nation and the said Fort Nelson First Nation for an order changing their status from respondents to appellants or interveners.
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted in part without costs. Chief Liz Logan, on behalf of herself and all other members of the Fort Nelson First Nation and the said Fort Nelson First Nation are redesignated as interveners and are allowed to file a single factum not to exceed 10 pages on or before October 16, 2012.
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 is 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 intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by its intervention
Allowed in part, without costs
2012-08-21 Submission of motion to add or substitute parties, Ro
2012-08-21 Order on motion for leave to intervene, (BY ROTHSTEIN J.)
2012-08-21 Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the Attorney General of Canada, the Attorney General of Alberta, the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority, the Ochapowace Indian Band # 71, the Chief Sally Sam and Maiyoo Keyoh Society, the Council of Forest Industries and Alberta Forest Products Association and Kelah, on behalf of the Wet'suwet'en House of Ginehklaiyex and Wet'suwet'en Treaty Office Society, on behalf of the Wet'suwet'en Chiefs for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Attorney General of Canada, the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority, the Chief Sally Sam and Maiyoo Keyoh Society and the Council of Forest Industries and Alberta Forest Products Association are granted and the said four groups of interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before October 16, 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.
IT IS HEREBY FURTHER ORDERED THAT:
The motions for leave to intervene of the Attorney General of Alberta, the Ochapowace Indian Band # 71 and Kelah, on behalf of the Wet'suwet'en House of Ginehklaiyex and Wet'suwet'en Treaty Office Society, on behalf of the Wet'suwet'en Chiefs are dismissed
Allowed in part
2012-08-21 Submission of motion for leave to intervene, Ro
2012-08-17 Reply to motion to add or substitute parties, (Book Form), Completed on: 2012-08-17 Chief Liz Logan, on behalf of herself and all other members of the Fort Nelson First Nation and the said Fort Nelson First Nation
2012-08-16 Reply to the motion for leave to intervene, (Book Form), Completed on: 2012-08-16 Chief Sally Sam and Maiyoo Keyoh Society
2012-08-10 Response to the motion for leave to intervene, (Book Form), (to all interveners), Completed on: 2012-08-10 Her Majesty the Queen in the Right of the Province of British Columbia
2012-08-10 Response to motion to add or substitute parties, (Book Form), Completed on: 2012-08-10 Her Majesty the Queen in the Right of the Province of British Columbia
2012-08-10 Response to motion to add or substitute parties, (Book Form), Completed on: 2012-08-10 Moulton Contracting Ltd.
2012-08-03 Notice of appearance, Robert Janes, Karey Brooks and Sharah Sharp will be appearing Sally Behn
2012-08-03 Correspondence received from, Gowlings by email on Aug. 3/12 re: 4 reserved seats Sally Behn
2012-08-03 Intervener's book of authorities, (Book Form), On motion for intervention, Completed on: 2012-08-03 Kelah, on behalf of the Wet'suwet'en House of Ginehklaiyex and Wet'suwet'en Treaty Office Society, on behalf of the Wet'suwet'en Chiefs
2012-08-03 Response to motion to add or substitute parties, email from Sarah E. Sharp dated Aug. 2/12, Completed on: 2012-08-03 Sally Behn
2012-08-03 Motion for leave to intervene, (Book Form), Completed on: 2012-08-03 Ochapowace Indian Band # 71
2012-08-03 Motion for leave to intervene, (Book Form), Completed on: 2012-08-03 Chief Sally Sam and Maiyoo Keyoh Society
2012-08-03 Motion for leave to intervene, (Book Form), Completed on: 2012-08-03 Attorney General of Alberta
2012-08-03 Motion for leave to intervene, (Book Form), Completed on: 2012-08-03 Council of Forest Industries and Alberta Forest Products Association
2012-08-03 Motion for leave to intervene, (Book Form), Fees to follow (received Aug. 9), Completed on: 2012-08-09 Kelah, on behalf of the Wet'suwet'en House of Ginehklaiyex and Wet'suwet'en Treaty Office Society, on behalf of the Wet'suwet'en Chiefs
2012-08-02 Motion for leave to intervene, (Book Form), Completed on: 2012-08-02 Attorney General of Canada
2012-07-31 Motion to add or substitute parties, changing their status from respondents to appellants or interveners (fees to follow, received Aug. 9), Completed on: 2012-08-09 Chief Liz Logan, on behalf of herself and all other members of the Fort Nelson First Nation and the said Fort Nelson First Nation
2012-07-31 Motion for leave to intervene, (Book Form), Completed on: 2012-07-31 Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority
2012-07-24 Notice of hearing sent to parties
2012-07-19 Appeal hearing scheduled, 2012-12-11, (Early start 9:00a.m.)
Judgment reserved
2012-07-06 Appellant's record, Completed on: 2012-07-06 Sally Behn
2012-07-06 Appellant's book of authorities, (2 volumes filed), Completed on: 2012-07-06 Sally Behn
2012-07-06 Appellant's factum, Completed on: 2012-07-06 Sally Behn
2012-05-04 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2012-04-27 Notice of deposit for security Sally Behn
2012-04-13 Notice of appeal, Completed on: 2012-04-13 Sally Behn
2012-04-10 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2012-04-10 Judgment on leave sent to the parties
2012-04-05 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 CA038107, 2011 BCCA 311, dated July 6, 2011, is granted with costs in the cause.
Granted, with costs in the cause
2012-02-06 All materials on application for leave submitted to the Judges, CJ Ro Mo
2011-10-03 Applicant's reply to respondent's argument, Completed on: 2011-10-03 Sally Behn
2011-09-23 Respondent's response on the application for leave to appeal, Completed on: 2011-09-23 Her Majesty the Queen in the Right of the Province of British Columbia
2011-09-23 Respondent's response on the application for leave to appeal, Completed on: 2011-09-23 Moulton Contracting Ltd.
2011-09-01 Letter acknowledging receipt of a complete application for leave to appeal
2011-08-26 Book of authorities Sally Behn
2011-08-25 Application for leave to appeal, Completed on: 2011-08-25 Sally Behn