Docket

34534

Daishowa-Marubeni International Ltd. v. Her Majesty the Queen

(Federal) (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)
2014-01-16 Appeal closed
2014-01-16 Certificate of taxation issued to, John H. Saunders
2014-01-16 Decision on the bill of costs, in the amount of $8,848.80, Reg
2014-01-16 Submission of the bill of costs, Reg
2013-10-18 Bill of costs, Completed on: 2013-10-18 Daishowa-Marubeni International Ltd.
2013-05-24 Formal judgment sent to the registrar of the court of appeal and all parties
2013-05-24 Judgment on appeal and notice of deposit of judgment sent to all parties
2013-05-23 Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Federal Court of Appeal, Number A-287-10, 2011 FCA 267, dated September 23, 2011, heard on February 20, 2013, is allowed with costs throughout. The matter is remitted to the Minister for reassessment in accordance with the reasons.
Allowed, with costs
2013-03-05 Transcript received, 114 pages
2013-02-20 Judgment reserved OR rendered with reasons to follow
2013-02-20 Intervener's condensed book, (Book Form), submitted in court (14 copies) Her Majesty the Queen in Right of Alberta
2013-02-20 Respondent's condensed book, (Book Form), submitted in court (14 copies) Her Majesty the Queen
2013-02-20 Appellant's condensed book, (Book Form), submitted in Court (14 copies), Completed on: 2013-02-20 Daishowa-Marubeni International Ltd.
2013-02-20 Acknowledgement and consent for video taping of proceedings, from all parties
2013-02-20 Hearing of the appeal, 2013-02-20, CJ LeB F Abe Ro Cro Mo Ka Wa
Judgment reserved
2013-02-14 Correspondence received from, CAPP - 3 seats requested Canadian Association of Petroleum Producers
2013-02-13 Correspondence received from, John Saunders re: appellant intends to refer to the courts decision in Sun Indalex Finance, LLC v. United Steelworkers Daishowa-Marubeni International Ltd.
2013-02-13 Correspondence received from, David Jacyk re: respondent intends to refer to the Courts Decision in Newfoundland and Labrador v. Abitibowater Inc. Her Majesty the Queen
2013-02-12 Notice of appearance, Marta E. Burns, Michael Sobkin, Jeffrey W. A. Moore and Monica Johnson will be present Her Majesty the Queen in Right of Alberta
2013-02-12 Order by, LeB, FURTHER TO THE ORDER dated January 7, 2013, granting leave to intervene to Her Majesty the Queen in Right of Alberta, the Tolko Industries Ltd., International Forest Products Limited, West Fraser Timber Co. Ltd. and Canfor Corporation and the Canadian Association of Petroleum Producers;
IT IS HEREBY FURTHER ORDERED THAT the said three interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal
Granted
2013-02-11 Reply factum on appeal, (Book Form), CD missing (rec'd feb 15/13), Completed on: 2013-02-15 Her Majesty the Queen in Right of Alberta
2013-02-11 Respondent's book of authorities, (Book Form), for the reply factum, Completed on: 2013-02-11 Her Majesty the Queen in Right of Alberta
2013-02-11 Notice of appearance, John H. Saunders will be appearing Daishowa-Marubeni International Ltd.
2013-02-07 Intervener's book of authorities, (Book Form), Completed on: 2013-02-07 Her Majesty the Queen in Right of Alberta
2013-02-07 Intervener's factum, (Book Form), CD missing (rec'd Feb 12/13), Completed on: 2013-02-12 Her Majesty the Queen in Right of Alberta
2013-02-07 Intervener's book of authorities, (Book Form), Completed on: 2013-02-07 Canadian Association of Petroleum Producers
2013-02-07 Intervener's factum, (Book Form), CD missing (rec'd Feb 8/13), Completed on: 2013-02-15 Canadian Association of Petroleum Producers
2013-02-07 Notice of appearance, Warren J.A Mitchell, Ian Gamble and Leah Plumbridge will be present Tolko Industries Ltd., International Forest Products Limited, West Fraser Timber Co. Ltd. and Canfor Corporation
2013-02-06 Notice of appearance, Al Meghji and Monica Biringer will be present Canadian Association of Petroleum Producers
2013-02-06 Notice of appearance, David W. Jacyk and Lisa M. Macdonell will be present Her Majesty the Queen
2013-02-05 Intervener's factum, (Book Form), Completed on: 2013-02-05 Tolko Industries Ltd., International Forest Products Limited, West Fraser Timber Co. Ltd. and Canfor Corporation
2013-01-07 Decision on motion to extend time, LeB, IT IS HEREBY ORDERED THAT:
The motion for an extension of time to apply for leave to intervene and for leave to intervene of Her Majesty the Queen in Right of Alberta 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 February 7, 2013.
Granted, no order as to costs
2013-01-07 Submission of motion to extend time, LeB
2013-01-07 Order on motion for leave to intervene, (by LEBEL J.)
2013-01-07 Decision on the motion for leave to intervene, LeB, UPON APPLICATION by Her Majesty the Queen in Right of Alberta for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal;
AND UPON APPLICATIONS by the Tolko Industries Ltd., International Forest Products Limited, West Fraser Timber Co. Ltd. and Canfor Corporation and the Canadian Association of Petroleum Producers 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 Her Majesty the Queen in Right of Alberta 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 February 7, 2013.
The motion for leave to intervene of the Tolko Industries Ltd., International Forest Products Limited, West Fraser Timber Co. Ltd. and Canfor Corporation is granted and the said group of interveners shall be entitled to serve and file a single factum not to exceed 10 pages in length on or before February 7, 2013.
The motion for leave to intervene of the Canadian Association of Petroleum Producers is granted and the said intervener shall be entitled to serve and file a single factum not to exceed 10 pages in length on or before February 7, 2013.
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 appellant and respondent any additional disbursements occasioned to the appellant and respondent by their interventions.
AND IT IS HEREBY FURTHER ORDERED THAT the respondent may serve and file a reply factum not to exceed 5 pages in length to the factum of Her Majesty the Queen in Right of Alberta on or before February 12, 2013
Granted
2013-01-07 Submission of motion for leave to intervene, LeB
2012-12-17 Response to motion to extend time, (Book Form), included in the response to motion for intervention, Completed on: 2012-12-17 Her Majesty the Queen
2012-12-17 Response to the motion for leave to intervene, (Book Form), response to motion for an extension included, Completed on: 2012-12-17 Her Majesty the Queen
2012-12-13 Appeal perfected for hearing
2012-12-12 Respondent's book of authorities, Completed on: 2012-12-12 Her Majesty the Queen
2012-12-12 Respondent's record, Completed on: 2012-12-12 Her Majesty the Queen
2012-12-12 Respondent's factum, Completed on: 2012-12-12 Her Majesty the Queen
2012-12-10 Notice of hearing sent to parties
2012-12-07 Motion to extend time, (Book Form), to serve and file the motion for intervention (included in the motion for intervention), Completed on: 2012-12-18 Her Majesty the Queen in Right of Alberta
2012-12-07 Motion for leave to intervene, (Book Form), motion for an extension of time included, Completed on: 2012-12-07 Her Majesty the Queen in Right of Alberta
2012-12-03 Reply to the motion for leave to intervene, (Book Form), Completed on: 2012-12-03 Canadian Association of Petroleum Producers
2012-11-26 Response to the motion for leave to intervene, (Book Form), (by CAPP), Completed on: 2012-11-26 Her Majesty the Queen
2012-11-26 Response to the motion for leave to intervene, (Book Form), (by Tolko et al.), Completed on: 2012-11-26 Her Majesty the Queen
2012-11-22 Appeal hearing scheduled, 2013-02-20, (Early start time, 9am)
Judgment reserved
2012-11-15 Motion for leave to intervene, (Book Form), Completed on: 2012-11-15 Canadian Association of Petroleum Producers
2012-11-15 Motion for leave to intervene, (Book Form), Completed on: 2012-11-15 Tolko Industries Ltd., International Forest Products Limited, West Fraser Timber Co. Ltd. and Canfor Corporation
2012-10-18 Appellant's record, Completed on: 2012-10-18 Daishowa-Marubeni International Ltd.
2012-10-18 Appellant's book of authorities, Completed on: 2012-10-18 Daishowa-Marubeni International Ltd.
2012-10-18 Appellant's factum, cd with forms to come (rec'd Dec.19/12), Completed on: 2012-12-19 Daishowa-Marubeni International Ltd.
2012-08-03 Notice of appeal, Completed on: 2012-08-03 Daishowa-Marubeni International Ltd.
2012-06-19 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2012-06-08 Transcript received, (25 pages)
2012-06-04 Judgment of the Court on the application for leave to appeal, (orally on the bench), After hearing the parties on the leave application on June 4, 2012, the application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-287-10, 2011 FCA 267, dated September 23, 2011, is granted on the following issues only:
1) Are the reforestation liabilities to be included in the proceeds of disposition because the vendor is relieved of a liability or are they integral to and run with the forest tenures?
2) Does it make any difference that the parties agreed to a specific amount of the future reforestation liability?
Allowed in part
2012-06-04 Supplemental document, (Respondent's Condensed Book) (6 copies filed and distributed at the hearing) Her Majesty the Queen
2012-06-04 Hearing of the application for leave to appeal, 2012-06-04, CJ Ro Mo
Decision rendered
2012-05-29 Notice of appearance, John Saunders will be appearing and agree to the starting time of 3:00 p.m. Daishowa-Marubeni International Ltd.
2012-05-17 Notice of appearance, David Jacyk will be present at the hearing Her Majesty the Queen
2012-04-30 Notice of hearing sent to parties, (Oral hearing on Application for Leave)
2012-04-27 Appeal hearing scheduled, 2012-06-04, (Oral hearing on Application for Leave) (Start Time - 3:00 P.M.)
2012-04-26 Order by, CJ Ro Mo, An oral hearing of the application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-287-10, 2011 FCA 267, dated September 23, 2011, is ordered. The hearing is scheduled for June 4, 2012.
Oral hearing ordered
2012-04-02 All materials on application for leave submitted to the Judges, 2012-06-04, CJ Ro Mo
Decision rendered
2012-02-27 Correspondence received, from Bobby Sood dated Feb 27, 2012 re: the respondent in file 34606 opposes the request to be considered with 34534
2012-02-24 Correspondence received from, David Jacyk dated Feb 24, 2012 re: opposes request to be considered with file 34606 Her Majesty the Queen
2012-02-16 Correspondence received, from Monica Biriger dated Feb 16, 2012 re: consent to be considered with file 34606
2012-02-16 Correspondence received from, John Saunders dated Feb 16, 2012 re: request to be considered with 34606 Daishowa-Marubeni International Ltd.
2012-01-12 Book of authorities, (for the reply) Daishowa-Marubeni International Ltd.
2012-01-12 Applicant's reply to respondent's argument, Completed on: 2012-01-12 Daishowa-Marubeni International Ltd.
2011-12-19 Book of authorities, (entitled Statutory supplements of the response) Her Majesty the Queen
2011-12-19 Respondent's response on the application for leave to appeal, Completed on: 2011-12-19 Her Majesty the Queen
2011-11-23 Letter acknowledging receipt of a complete application for leave to appeal
2011-11-22 Book of authorities, (2 volumes entitled "appellant's book of authorities) Daishowa-Marubeni International Ltd.
2011-11-22 Supplemental document, entitled "appellant's documents" Daishowa-Marubeni International Ltd.
2011-11-21 Supplemental document, entitled "Affidavits and letter in support of leave application" Daishowa-Marubeni International Ltd.
2011-11-21 Application for leave to appeal, Completed on: 2011-11-21 Daishowa-Marubeni International Ltd.