Docket

37627

Orphan Well Association, et al. v. Grant Thornton Limited, et al.

(Alberta) (Civil) (By Leave)

(Sealing order)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2019-02-19 Appeal closed
2019-02-01 Formal judgment sent to the registrar of the court of appeal and all parties
2019-02-01 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-01-31 Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br,
The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Numbers 1601-0129-AC and 1601-0130-AC, 2017 ABCA 124, dated April 24, 2017, heard on February 15, 2018, is allowed. The proceeds from the sale of the assets of Redwater Energy Corporation are to be used to address its end-of-life obligations. The declarations in paragraphs 3 and 5 to 16 of the chambers judge’s order are set aside. Moldaver and Côté JJ. dissent.
Allowed
2018-02-27 Transcript received, (141 pages)
2018-02-16 Correspondence received from, (Letter Form), Rosangel Ascianio (by email). Request for 4 reserved seats. Orphan Well Association
2018-02-15 General proceeding, (Letter Form), Questionnaire regarding the sealing order. ATB Financial (formerly known as Alberta Treasury Branches)
2018-02-15 General proceeding, (Letter Form), Questionnaire regarding the sealing order. Grant Thornton Limited
2018-02-15 General proceeding, (Letter Form), Questionnaire regarding the sealing order. Orphan Well Association
2018-02-15 Judgment reserved OR rendered with reasons to follow
2018-02-15 Hearing of the appeal, 2018-02-15, CJ Abe Mo Ka Ga Côt Br
Judgment reserved
2018-02-15 Intervener's condensed book, (Book Form), (14 copies). Submitted in court room. Minister of Justice and Solicitor General of Alberta
2018-02-15 Intervener's condensed book, (Book Form), (14 copies). Submitted in court room. Attorney General of Ontario
2018-02-15 Intervener's condensed book, (Book Form), (14 copies). Submitted in court room. Attorney General of British Columbia
2018-02-15 Intervener's condensed book, (Book Form), (14 copies). Submitted in court room. Canadian Association of Petroleum Producers
2018-02-15 Intervener's condensed book, (Book Form), (14 copies). Submitted in court room. Canadian Bankers' Association
2018-02-15 Intervener's condensed book, (Book Form), (14 copies). Submitted in court room. Canadian Association of Insolvency and Restructuring Professionals
2018-02-15 Respondent's condensed book, (Book Form), (14 copies). Submitted in court room. Grant Thornton Limited
2018-02-15 Appellant's condensed book, (Book Form), (14 copies). Submitted in court room. Orphan Well Association
2018-02-14 Correspondence received from, (Letter Form), Pam Tongsrinark (by email). Request for two additional reserved seats. Alberta Energy Regulator
2018-02-13 Correspondence received from, (Letter Form), Jeff Beedell (by email). Pleading order and time for the repondents. Grant Thornton Limited
2018-02-12 Correspondence received from, (Letter Form), Caroline Etter (by email). Request for 1 reserved seat. Greenpeace Canada
2018-02-06 Appeal perfected for hearing
2018-02-05 Notice of appearance, (Letter Form), Howard A. Gorman, Q.C. and D. Aaron Stephenson will be appearing. Mr. Gorman will present oral argument. Request for 1 reserved seat. Canadian Bankers' Association
2018-02-05 Intervener's book of authorities, (Book Form), Completed on: 2018-02-05 Canadian Bankers' Association
2018-02-05 Intervener's factum, (Book Form), Completed on: 2018-02-05 Canadian Bankers' Association
2018-02-05 Notice of appearance, Christine Laing and Shaun Fluker will be present. The intervener requests 3 reserved seats Action Surface Rights Association
2018-02-05 Intervener's book of authorities, (Book Form), Completed on: 2018-02-05 Action Surface Rights Association
2018-02-05 Intervener's factum, (Book Form), Completed on: 2018-02-05 Action Surface Rights Association
2018-02-05 Intervener's factum, (Book Form), Completed on: 2018-02-05 Ecojustice Canada Society
2018-02-05 Intervener's factum, (Book Form), Completed on: 2018-02-12 Canadian Association of Petroleum Producers
2018-02-05 Intervener's book of authorities, (Book Form), Completed on: 2018-02-05 Greenpeace Canada
2018-02-05 Intervener's factum, (Book Form), Completed on: 2018-02-05 Greenpeace Canada
2018-02-05 Intervener's factum, (Book Form), Completed on: 2018-02-05 Canadian Association of Insolvency and Restructuring Professionals
2018-02-01 Notice of appearance, (Letter Form), Adrian Scotchmer will be appearing and presenting oral argument. Request for 2 reserved seats. Ecojustice Canada Society
2018-02-01 Intervener's book of authorities, (Book Form), (2 volumes), Electronic version missing (received 2018-02-05)., Completed on: 2018-02-06 Attorney General of British Columbia
2018-02-01 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2018-02-01 Attorney General of British Columbia
2018-02-01 Intervener's book of authorities, (Book Form), Electronic version missing (received 2018-02-05)., Completed on: 2018-02-06 Attorney General for Saskatchewan
2018-02-01 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2018-02-01 Attorney General for Saskatchewan
2018-02-01 Certificate of counsel (attesting to record), (Letter Form) Grant Thornton Limited
2018-02-01 Certificate (on limitations to public access), (Letter Form), Form 23B Grant Thornton Limited
2018-02-01 Respondent's book of authorities, (Book Form), Completed on: 2018-02-01 Grant Thornton Limited
2018-02-01 Respondent's record, (Book Form), (5 volumes), Completed on: 2018-02-01 Grant Thornton Limited
2018-02-01 Respondent's factum, (Book Form), Completed on: 2018-02-01 Grant Thornton Limited
2018-02-01 Intervener's book of authorities, (Book Form), Completed on: 2018-02-01 Attorney General of Ontario
2018-02-01 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2018-02-01 Attorney General of Ontario
2018-01-31 Correspondence received from, (Letter Form), Alexandra Kozlov (by email). Request for 4 reserved seats instead of 2. ATB Financial (formerly known as Alberta Treasury Branches)
2018-01-31 Notice of appearance, (Letter Form), Nader R. Hasan and Lindsay Board will be appearing. Mr Hasan will present oral argument. Greenpeace Canada
2018-01-30 Notice of appearance, (Letter Form), Ken Lenz, Brad Gilmour, Michael Selnes, Patricia Johnston and Keely Cameron will be appearing. Ken Lenz and Keely Cameron will present oral argument. Orphan Well Association
2018-01-30 Notice of appearance, (Letter Form), Robert Normey and Vivienne Ball will be appearing. Mr. Normey will present oral argument. Minister of Justice and Solicitor General of Alberta
2018-01-30 Notice of appearance, (Letter Form), Lewis Manning and Toby Kruger will be appearing. Mr. Manning will present oral argument. Request for 1 reserved seat. Canadian Association of Petroleum Producers
2018-01-30 Notice of appearance, (Letter Form), Caireen E. Hanert and Adam Maerov will be appearing. Careen E. Hanert will present oral argument. Request for 2 reserved seats. Canadian Association of Insolvency and Restructuring Professionals
2018-01-30 Certificate of counsel (attesting to record), (Letter Form) ATB Financial (formerly known as Alberta Treasury Branches)
2018-01-30 Certificate (on limitations to public access), (Letter Form), Form 23B ATB Financial (formerly known as Alberta Treasury Branches)
2018-01-30 Certificate (on limitations to public access), (Letter Form), Form 23A ATB Financial (formerly known as Alberta Treasury Branches)
2018-01-30 Notice of name, (Letter Form) ATB Financial (formerly known as Alberta Treasury Branches)
2018-01-30 Respondent's book of authorities, (Book Form), (3 volumes), Completed on: 2018-01-30 ATB Financial (formerly known as Alberta Treasury Branches)
2018-01-30 Respondent's record, (Book Form), (5 volumes), Completed on: 2018-01-30 ATB Financial (formerly known as Alberta Treasury Branches)
2018-01-30 Respondent's factum, (Book Form), Completed on: 2018-01-30 ATB Financial (formerly known as Alberta Treasury Branches)
2018-01-29 Correspondence received from, (Letter Form), Pam Tongsrinark (by email). Request for 2 reserved seats. Alberta Energy Regulator
2018-01-29 Correspondence received from, (Letter Form), Marie-France Major (by email). Request for 2 reserved seats. Attorney General of Ontario
2018-01-29 Notice of appearance, (Letter Form), Josh Hunter and Hayley Pitcher will be appearing. Mr. Hunter will present oral argument. Attorney General of Ontario
2018-01-29 Order by, Br, WHEREAS the Minister of Justice and Solicitor General of Alberta was granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal by order dated January 18, 2018;
AND UPON THE SUBSEQUENT RECEIPT of the Minister of Justice and Solicitor General of Alberta’s request for permission to present oral argument at the hearing of the appeal exceeding the five (5) minutes granted;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The Order dated January 18, 2018, is varied as follows:
The intervener, Minister of Justice and Solicitor General of Alberta, is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.
Allowed
2018-01-23 Correspondence received from, (Letter Form), Tessy Williams (by email). Email regarding the pages 84 and 116 of the appellants' record (distributed on 2018-01-26). Orphan Well Association
2018-01-23 Notice of appearance, (Letter Form), Kelly Bourassa, Ryan Zahara, Brendan MacArthur-Stevens and Chris Nyberg will be appearing. Ms. Bourassa and Mr. Zahara will present oral argument. Request for 2 reserved seats. (AMENDED received on 2018-01-26) ATB Financial (formerly known as Alberta Treasury Branches)
2018-01-23 Correspondence received from, (Letter Form), Chantal Décoste (by email). Request for 2 reserved seats. Attorney General for Saskatchewan
2018-01-23 Notice of appearance, (Letter Form), Garreth Morley, Aaron Welch and Barbara Thomson will be appearing. Mr. Morley will present oral argument. Request for 3 reserved seats. Attorney General of British Columbia
2018-01-22 Correspondence received from, (Letter Form), Kelly J. Bourassa (by email). Notice of change of legal name. ATB Financial (formerly known as Alberta Treasury Branches)
2018-01-19 General proceeding, (Letter Form), Discontinuance of the intervention of constitutional question. Attorney General of Canada
2018-01-19 Correspondence received from, (Letter Form), Robert Normey (by email). Email regarding the speaking time for the hearing of the appeal. Minister of Justice and Solicitor General of Alberta
2018-01-18 Intervener's book of authorities, (Book Form), Completed on: 2018-01-18 Minister of Justice and Solicitor General of Alberta
2018-01-18 Intervener's factum, (Book Form), Completed on: 2018-01-18 Minister of Justice and Solicitor General of Alberta
2018-01-18 Order on motion for leave to intervene, (BY JUSTICE BROWN)
2018-01-18 Decision on the motion for leave to intervene, Br, UPON APPLICATIONS by Ecojustice Canada Society; the Canadian Association of Petroleum Producers; Greenpeace Canada; the Action Surface Rights Association; the Canadian Association of Insolvency and Restructuring Professionals and the Canadian Bankers’ Association 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 are granted and the said six (6) interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before February 5, 2018.
The said six (6) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
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 intervention.

The request by Grant Thornton Limited and Alberta Treasury Branches to serve and file, jointly, a reply factum is dismissed.

IT IS HEREBY FURTHER ORDERED THAT:
The Attorney General of Canada, the Attorney General of Ontario, the Attorney General of British Columbia, the Attorney General of Saskatchewan and the Minister of Justice and Solicitor General of Alberta are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
Granted
2018-01-18 Submission of motion for leave to intervene, Br
2018-01-15 Appellant's book of authorities, (Book Form), Completed on: 2018-01-15 Orphan Well Association
2018-01-15 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-01-15 Ecojustice Canada Society
2018-01-15 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-01-15 Canadian Bankers' Association
2018-01-15 Reply to the motion for leave to intervene, (Letter Form), original copy of reply filed on Jan.18/2018., Completed on: 2018-01-15 Action Surface Rights Association
2018-01-15 Reply to the motion for leave to intervene, (Letter Form), (proof of service filed on Jan.22/2018), Completed on: 2018-01-15 Greenpeace Canada
2018-01-12 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-01-12 Alberta Energy Regulator
2018-01-12 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-01-12 Orphan Well Association
2018-01-12 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-01-12 ATB Financial (formerly known as Alberta Treasury Branches)
2018-01-12 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-01-12 Grant Thornton Limited
2018-01-11 Notice of appearance, (Letter Form), Richard Fyfe will be appearing and presenting oral argument. Request for 1 reserved seat. Attorney General for Saskatchewan
2018-01-10 Notice of appearance, (Letter Form), Tom Cumming, Jeffrey Oliver and Danielle Marechal will be appearing. Mr. Cumming and Oliver will present oral argument. Request for 4 reserved seats. Grant Thornton Limited
2018-01-09 Correspondence received from, (Letter Form), Pam Tongsrinark (by email). Request for a tour of the hearing room. Alberta Energy Regulator
2018-01-09 Notice of name, (Letter Form) Ecojustice Canada Society
2018-01-09 Notice of name, (Letter Form) Canadian Bankers' Association
2018-01-09 Motion for leave to intervene, (Book Form), $75.00 filing fee missing (received 2018-01-10)., Completed on: 2018-01-11, (Electronic version filed on 2018-01-09) Canadian Bankers' Association
2018-01-09 Certificate (on limitations to public access), (Letter Form) Canadian Association of Insolvency and Restructuring Professionals
2018-01-09 Notice of name, (Letter Form) Canadian Association of Insolvency and Restructuring Professionals
2018-01-09 Motion for leave to intervene, (Book Form), Completed on: 2018-01-09 Canadian Association of Insolvency and Restructuring Professionals
2018-01-08 Notice of name, (Letter Form) Action Surface Rights Association
2018-01-08 Motion for leave to intervene, (Book Form), Completed on: 2018-01-08 Action Surface Rights Association
2018-01-08 Certificate (on limitations to public access), (Letter Form) Greenpeace Canada
2018-01-08 Notice of name, (Letter Form) Greenpeace Canada
2018-01-08 Motion for leave to intervene, (Book Form), Completed on: 2018-01-08 Greenpeace Canada
2018-01-05 Certificate (on limitations to public access), (Letter Form), FORM 23B Canadian Association of Petroleum Producers
2018-01-05 Certificate (on limitations to public access), for the Canadian Association of Petroleum Producers (intervener) Canadian Association of Petroleum Producers
2018-01-05 Notice of name, (Letter Form), for the Canadian Association of Petroleum Producers (intervener) Canadian Association of Petroleum Producers
2018-01-05 Motion for leave to intervene, (Book Form), Completed on: 2018-01-05, (Electronic version filed on 2018-01-08) Canadian Association of Petroleum Producers
2018-01-04 Motion for leave to intervene, (Book Form), waiting for proof of service - filed on Janaury 5, 2018., Completed on: 2018-01-08 Ecojustice Canada Society
2017-12-21 Certificate (if inappropriate for a judge to take part in adjudication), (Letter Form) Orphan Well Association
2017-12-14 Certificate of counsel (attesting to record), (Letter Form) Alberta Energy Regulator
2017-12-14 Certificate (on limitations to public access), (Letter Form), 23B Alberta Energy Regulator
2017-12-14 Certificate of counsel (attesting to record), (Letter Form) Orphan Well Association
2017-12-14 Certificate (on limitations to public access), (Letter Form), 23B Orphan Well Association
2017-12-14 Appellant's record, (Book Form), (4 volumes), Volume 2 Sealed. 2 redacted copies rec'd 2017/12/14. Revised pages 84A and 116 files on 2018-01-23 (inserted in books)., Completed on: 2017-12-14 Orphan Well Association
2017-12-14 Appellant's factum, (Book Form), Completed on: 2017-12-14 Orphan Well Association
2017-12-07 Notice of intervention respecting a constitutional question, (Letter Form), paper copy missing-reçu 2017/12/14, Completed on: 2017-12-14 Attorney General for Saskatchewan
2017-12-07 Notice of intervention respecting a constitutional question, (Letter Form), paper copy missing-rec'd 2017/12/14, Completed on: 2017-12-14 Attorney General of British Columbia
2017-12-07 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2017-12-07 Attorney General of Canada
2017-12-07 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2017-12-07 Attorney General of Ontario
2017-12-07 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2017-12-07 Minister of Justice and Solicitor General of Alberta
2017-11-22 Notice of hearing sent to parties
2017-11-22 Appeal hearing scheduled, 2018-02-15,
DUE DATES TO SERVE AND FILE DOCUMENTS: Notice of intervention respecting constitutional question on or before December 8, 2017; Appellants’ record, factum and book of authorities, if any, on or before December 14, 2017; Motion for leave to intervene on or before January 9, 2018; Responses, if any, to the motions for leave to intervene on or before January 12, 2018; Replies to any responses to the motions for leave to intervene on or before January 15, 2018; Minister of Justice and Solicitor General of Alberta's factum and book of authorities, if any, on or before January 18, 2018; Any intervener granted leave to intervene's factum and book of authorities, if any, on or before February 5, 2018; Respondents’ records, factums and books of authorities, if any, on or before February 1, 2018; Any Attorney general intervening in the appeal under Rule 33(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities, if any, on or before February 1, 2018.
Judgment reserved
2017-11-17 Notice of constitutional question(s), Completed on: 2017-11-17 Orphan Well Association
2017-11-17 Notice of appeal, Completed on: 2017-11-17 Orphan Well Association
2017-11-17 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (abridged filing deadlines)
2017-11-10 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2017-11-10 Judgment on leave sent to the parties
2017-11-09 Judgment of the Court on the application for leave to appeal,
The motion to file a single application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Numbers 1601-0129-AC and 1601-0130-AC, 2017 ABCA 124, dated April 24, 2017, is granted with costs in the cause. The motion to expedite the appeal is granted. The schedule for serving and filing materials will be set by the Registrar. The appellants are required to serve and file a Notice of Constitutional Question in Form 33B in accordance with subrules 33(2) and (3) of the Rules of the Supreme Court of Canada.
Granted, with costs in the cause
2017-11-09 Decision on the miscellaneous motion, see decision on application
Granted
2017-10-02 All materials on application for leave submitted to the Judges, CJ Côt Br, for consideration by the Court
2017-10-02 Submission of miscellaneous motion, CJ Côt Br, for consideration by the Court
2017-08-31 Reply to miscellaneous motion, (Book Form), (Included in the applicant's reply to respondent's argument), Completed on: 2017-08-31 Orphan Well Association
2017-08-31 Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-08-31 Orphan Well Association
2017-08-28 Response to miscellaneous motion, (Book Form), (Included in the respondent's response on the application for leave to appeal), Completed on: 2017-08-28 Grant Thornton Limited
2017-08-28 Certificate (on limitations to public access), Form 23B Grant Thornton Limited
2017-08-28 Certificate (on limitations to public access), Form 23A Grant Thornton Limited
2017-08-28 Notice of name Grant Thornton Limited
2017-08-28 Respondent's response on the application for leave to appeal, (Book Form), (2 volumes), Completed on: 2017-08-28 Grant Thornton Limited
2017-08-28 Correspondence received, From the Canadian Association of Petroleum Producers (CAPP). Re: Supports the application and will file a motion to intervene if granted
2017-08-25 Response to miscellaneous motion, (Book Form), (Included in the respondent's response on the application for leave to appeal), Response to motion to expedite, Completed on: 2017-08-25 ATB Financial (formerly known as Alberta Treasury Branches)
2017-08-25 Certificate (on limitations to public access), (Book Form), (Included in the respondent's response on the application for leave to appeal), Form 23B ATB Financial (formerly known as Alberta Treasury Branches)
2017-08-25 Certificate (on limitations to public access), (Book Form), (Included in the respondent's response on the application for leave to appeal), Form 23A ATB Financial (formerly known as Alberta Treasury Branches)
2017-08-25 Notice of name, (Book Form), (Included in the respondent's response on the application for leave to appeal) ATB Financial (formerly known as Alberta Treasury Branches)
2017-08-25 Respondent's response on the application for leave to appeal, (Book Form), Affidavit of service received on 2017-08-29, Completed on: 2017-08-25 ATB Financial (formerly known as Alberta Treasury Branches)
2017-07-26 Intervener's memorandum of argument on application for leave, (Letter Form), Completed on: 2017-07-26 Minister of Justice and Solicitor General of Alberta
2017-07-11 Correspondence received from, (Letter Form), Michael W. Selnes (by fax). RE: Questionnaire CA order (expected 2017-07-21). Orphan Well Association
2017-06-26 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File opened on 2017-06-26
2017-06-23 Notice of miscellaneous motion, (Book Form), (Included in the application for leave to appeal), To join two files in one application, Completed on: 2017-06-23 Orphan Well Association
2017-06-23 Certificate (on limitations to public access), Form 23B Orphan Well Association
2017-06-23 Certificate (on limitations to public access), Form 23A Orphan Well Association
2017-06-23 Notice of name Alberta Energy Regulator
2017-06-23 Notice of name Orphan Well Association
2017-06-23 Notice of miscellaneous motion, (Book Form), (Included in the application for leave to appeal), If leave is granted, wants to have the appeal expedited, Completed on: 2017-06-23 Orphan Well Association
2017-06-23 Application for leave to appeal, (Book Form), C/A order missing-rec'd 2017/07/21. Style of cause was updated to include the intervener on 2017-08-09, Completed on: 2017-07-21 Orphan Well Association