Docket

37985

Resolute FP Canada Inc., et al. v. Her Majesty the Queen as represented by the Ministry of the Attorney General, et al.

(Ontario) (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)
2020-10-28 Appeal closed
2020-09-18 Certificate of taxation issued to, Leonard F. Marsello
2020-09-18 Decision on the bill of costs, in the amount of $13,152.30, DeRg
2020-09-18 Submission of the bill of costs, DeRg
2020-02-14 Bill of costs, (Letter Form),
MISSING: filing fee (received 2020-10-28), Completed on: 2020-10-28
Her Majesty the Queen as represented by the Ministry of the Attorney General
2019-12-09 Formal judgment sent to the registrar of the court of appeal and all parties
2019-12-09 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-12-06 Judgment on the appeal rendered, Abe Mo Ka Côt Br Row Mar, The appeal of Resolute FP Canada Inc. from the judgment of the Court of Appeal for Ontario, Number C62587, 2017 ONCA 1007, dated December 20, 2017, heard on March 28, 2019, is dismissed. Côté, Brown and Rowe JJ. dissent.

The appeal of Her Majesty The Queen as represented by the Ministry of the Attorney General from the judgment of the Court of Appeal for Ontario, Number C62587, 2017 ONCA 1007, dated December 20, 2017, heard on March 28, 2019, is allowed with costs throughout and summary judgment is granted in its favour. Côté, Brown and Rowe JJ. dissent.

The appeal of Weyerhaeuser Company Limited from the judgment of the Court of Appeal for Ontario, Number C62587, 2017 ONCA 1007, dated December 20, 2017, heard on March 28, 2019, is dismissed.
Judgment accordingly, with costs
2019-12-02 Correspondence received from, (Letter Form), Andrew Bernstein.
Will attend lock-up in person (instead of remotely)
Resolute FP Canada Inc.
2019-06-24 General proceeding, (Letter Form), Lockup forms and undertakings by:

Andrew Bernstein
Jeremy Opolsky
Jonathan Silver
Resolute FP Canada Inc.
2019-06-19 General proceeding, (Letter Form), Lockup form by Gareth Morley. Attorney General of British Columbia
2019-06-13 General proceeding, (Letter Form), Lockup forms and undertakings by:

Leonard Marsello
Tamara Barclay
Nansy Ghobrial
Her Majesty the Queen as represented by the Ministry of the Attorney General
2019-06-13 General proceeding, (Letter Form), Lockup forms and undertaking by:

Markus Kremer
Christopher Bredt
Alannah Fotheringham
Weyerhaeuser Company Limited
2019-06-12 Correspondence (sent by the Court) to, the parties. The Court will proceed with a lockup in this file.
2019-06-06 Correspondence received from, (Letter Form), Gareth Morley. RE: Reuqest for comment on a possible lockup. Attorney General of British Columbia
2019-06-03 Correspondence received from, (Letter Form), Jasmine Leindecker. RE: Request for comments on a possible lockup. Weyerhaeuser Company Limited
2019-06-03 Correspondence received from, (Letter Form), Caroline Etter. RE: Request for comment on a possible lockup. Resolute FP Canada Inc.
2019-06-03 Correspondence received from, (Letter Form), Marie-France Major. RE: Request for comments on a possible lockup. Her Majesty the Queen as represented by the Ministry of the Attorney General
2019-04-15 Transcript received, 146 pages
2019-04-03 Media lock-up requested or proposed, (join with 38308)
2019-03-28 Judgment reserved OR rendered with reasons to follow
2019-03-28 Hearing of the appeal, 2019-03-28, Abe Mo Ka Côt Br Row Mar
Judgment reserved
2019-03-28 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Weyerhaeuser Company Limited
2019-03-28 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Her Majesty the Queen as represented by the Ministry of the Attorney General
2019-03-28 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Resolute FP Canada Inc.
2019-03-18 Notice of appearance, Elizabeth Rowbotham will appear before the court and will present oral arguments.
Attorney General of British Columbia
2019-03-15 Correspondence received from, (Letter Form) Weyerhaeuser Company Limited
2019-03-14 Notice of appearance, (Letter Form), Leonard F. Marsello, Tamara Barclay and Nansy Ghobrial will appear before the court. Mr. Marsello and Ms.Barclay will present oral arguments.
Her Majesty the Queen as represented by the Ministry of the Attorney General
2019-03-13 Correspondence received from, (Letter Form), 2 reserved seats requested. Resolute FP Canada Inc.
2019-03-13 Notice of appearance, (Letter Form), Andrew Bernstein, Jeremy Opolsky and Jonathan Silver will appear before the court. Mr. Berstein will present oral arguments.
Resolute FP Canada Inc.
2019-03-13 Reply factum on appeal, (Letter Form), Missing: 22 copies (rec' 03-15-19), Completed on: 2019-03-18 Resolute FP Canada Inc.
2019-03-12 Correspondence received from, (Letter Form), 3 reserved seats requested. Weyerhaeuser Company Limited
2019-03-12 Notice of appearance, (Letter Form), Christopher D. Bredt, Markus Kremer and Alannah Fortheringham will appear before the court. Mr. Bredt and Mr. Kremer will present oral arguments. Weyerhaeuser Company Limited
2019-03-11 Correspondence received from, (Letter Form), 4 reserved seats requested. Her Majesty the Queen as represented by the Ministry of the Attorney General
2019-03-08 Correspondence received from, (Letter Form), Letter in response to the correspondence filed by Resolute FP Canada Inc., et al. Her Majesty the Queen as represented by the Ministry of the Attorney General
2019-03-08 Correspondence received from, (Letter Form), Letter proposing an order of presentation with a suggested allotment of time for oral submissions. Resolute FP Canada Inc.
2019-03-06 Intervener's book of authorities, (Book Form), Completed on: 2019-03-06 Attorney General of British Columbia
2019-03-06 Intervener's factum, (Book Form), Completed on: 2019-03-06 Attorney General of British Columbia
2019-02-27 Appeal perfected for hearing
2019-02-25 Respondent's book of authorities, (Book Form), Weyerhaeuser v. HMTQ, Completed on: 2019-02-25 Her Majesty the Queen as represented by the Ministry of the Attorney General
2019-02-25 Respondent's factum, (Book Form), Weyerhaeuser v. HMTQ, Completed on: 2019-02-25 Her Majesty the Queen as represented by the Ministry of the Attorney General
2019-02-25 Respondent's book of authorities, (Book Form), Resolute FP Canada Inc. v. HMTQ, Completed on: 2019-02-25 Her Majesty the Queen as represented by the Ministry of the Attorney General
2019-02-25 Respondent's factum, (Book Form), Resolute FP Canada Inc. v. HMTQ, Completed on: 2019-02-25 Her Majesty the Queen as represented by the Ministry of the Attorney General
2019-02-25 Certificate (on limitations to public access) Resolute FP Canada Inc.
2019-02-25 Respondent's book of authorities, (Book Form), HMTQ v. Resolute FP Canada Inc., Completed on: 2019-02-25 Resolute FP Canada Inc.
2019-02-25 Respondent's factum, (Book Form), HMTQ v. Resolute FP Canada Inc., Completed on: 2019-02-25 Resolute FP Canada Inc.
2019-02-25 Respondent's book of authorities, (Book Form), HMTQ v. Weyerhaeuser, Completed on: 2019-02-25 Weyerhaeuser Company Limited
2019-02-25 Respondent's factum, (Book Form), HMTQ v. Weyerhaeuser, Completed on: 2019-02-25 Weyerhaeuser Company Limited
2019-02-25 Respondent's book of authorities, (Book Form), Reseolute FP Canada Inc. v. Weyerhaeuser, Completed on: 2019-02-25 Weyerhaeuser Company Limited
2019-02-25 Respondent's factum, (Book Form), Reseolute FP Canada Inc. v. Weyerhaeuser, Completed on: 2019-02-25 Weyerhaeuser Company Limited
2019-02-12 Order on motion to add or substitute parties, by BROWN J.
2019-02-12 Decision on motion to add or substitute parties, Br,
UPON APPLICATION by Weyerhaeuser Company Limited to be added as a respondent in the above appeal brought by Resolute FP Canada Inc., pursuant to Rules 18, 22 and 47 of the Rules of the Supreme Court of Canada;
AND THE MATERIAL FILED having been read;
AND NOTING that Resolute FP Canada Inc. and Her Majesty the Queen as represented by the Ministry of the Attorney General do not oppose the motion;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Weyerhaeuser Company Limited is added as a respondent in the proceedings before this Court pursuant to Rule 18(1) of the Rules of the Supreme Court of Canada and the style of cause in the above appeal brought by Resolute FP Canada Inc. shall be modified to reflect the change.
Weyerhaeuser Company Limited shall serve and file its respondent’s record, factum and books of authorities, if any, on or before February 25, 2019.
Granted, no order as to costs
2019-02-12 Submission of motion to add or substitute parties, Br
2019-02-12 Order on motion for leave to intervene, by BROWN J.
2019-02-12 Decision on the motion for leave to intervene, Br,
UPON APPLICATION by the Attorney General of British Columbia for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene is granted and the said intervener shall be entitled to serve and file a factum not exceeding ten (10) pages in length on or before March 6, 2019.
The said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Resolute FP Canada Inc. and Weyerhaeuser Company Limited are each permitted to serve and file a factum not exceeding five (5) pages in reply to the intervention on or before March 13, 2019.
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 resulting from its intervention.
Granted, no order as to costs
2019-02-12 Submission of motion for leave to intervene, Br
2019-02-01 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-02-01 Weyerhaeuser Company Limited
2019-01-31 Response to the motion for leave to intervene, (Letter Form), MISSING: proof of service to Attorney General of British Columbia (received 2019-02-01), Completed on: 2019-02-01 Resolute FP Canada Inc.
2019-01-31 Response to motion to add or substitute parties, (Letter Form), Completed on: 2019-01-31 Resolute FP Canada Inc.
2019-01-30 Response to motion to add or substitute parties, (Letter Form), Completed on: 2019-01-30 Her Majesty the Queen as represented by the Ministry of the Attorney General
2019-01-28 Motion to add or substitute parties, (Book Form), MISSING: Affidavit (received 2019-01-30), Completed on: 2019-01-31 Weyerhaeuser Company Limited
2019-01-25 Motion for leave to intervene, (Book Form), Completed on: 2019-01-28 Attorney General of British Columbia
2019-01-11 Notice of hearing sent to parties, REVISED
2019-01-10 Certificate of counsel (attesting to record), (Letter Form) Resolute FP Canada Inc.
2019-01-10 Order on motion to adjourn the hearing of the appeal, by WAGNER C.J.
2019-01-10 Decision on motion to adjourn the hearing of the appeal, CJ,
UPON APPLICATION by Resolute FP Canada Inc. for an order to adjourn the hearing of the appeal scheduled for March 20, 2019, to the following week;
AND THE MATERIAL FILED having been read;
AND NOTING THAT the other parties consent to the motion;
IT IS HEREBY ORDERED THAT:
The motion is granted and the appeal is adjourned.
The Registrar shall fix the hearing of this appeal for March 28, 2019.
Granted
2019-01-10 Submission of motion to adjourn the hearing of the appeal, CJ
2019-01-10 Appeal hearing scheduled, 2019-03-28, (Previously scheduled for 2019-03-20)

The schedule for serving and filing the material is set as follows:

The notices of appeal shall be served and filed on or before November 19, 2018.

The appellants’ records, factums and books of authorities, if any, shall be served and filed on or before January 7, 2019.

Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before January 28, 2019.

The appellants and respondents shall serve and file their responses, if any, to the motions for leave to intervene on or before February 1, 2019.

Replies to any responses to the motions for leave to intervene shall be served and filed on or before February 5, 2019.

Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before March 6, 2019.

The respondents’ records, factums and books of authorities, if any, shall be served and filed on or before February 25, 2019.
Judgment reserved
2019-01-07 Appellant's record, (Book Form), (8 volumes), Certificate 24A missing-rec'd 2019/01/10, Completed on: 2019-01-10 Resolute FP Canada Inc.
2019-01-07 Appellant's factum, (Book Form), Completed on: 2019-01-07 Weyerhaeuser Company Limited
2019-01-07 Appellant's book of authorities, (Book Form), Completed on: 2019-01-07 Her Majesty the Queen as represented by the Ministry of the Attorney General
2019-01-07 Appellant's factum, (Book Form), Amended electronic copy required (rec' 01/10/2019), Completed on: 2019-01-07 Her Majesty the Queen as represented by the Ministry of the Attorney General
2019-01-07 Certificate (on limitations to public access), (Letter Form) Resolute FP Canada Inc.
2019-01-07 Appellant's book of authorities, (Book Form), Completed on: 2019-01-07 Resolute FP Canada Inc.
2019-01-07 Appellant's factum, (Book Form), Completed on: 2019-01-07 Resolute FP Canada Inc.
2018-12-20 Response to the motion to adjourn the hearing of the appeal, (Letter Form), Completed on: 2018-12-20 Weyerhaeuser Company Limited
2018-12-20 Response to the motion to adjourn the hearing of the appeal, (Letter Form), Completed on: 2018-12-20 Her Majesty the Queen as represented by the Ministry of the Attorney General
2018-12-17 Motion to adjourn the hearing of the appeal, (Book Form), Completed on: 2018-12-17 Resolute FP Canada Inc.
2018-12-13 Notice of change of counsel, Mr. Andrew Bernstein, counsel for the Resolute FP Canada Inc. Resolute FP Canada Inc.
2018-12-10 Notice of hearing sent to parties
2018-11-15 Notice of appeal, (Letter Form), Completed on: 2018-11-15 Her Majesty the Queen as represented by the Ministry of the Attorney General
2018-11-15 Notice of appeal, Completed on: 2018-11-15 Resolute FP Canada Inc.
2018-11-15 Correspondence received from, Maxine Vincelette, agent for the appellant. Resolute FP Canada Inc.
2018-11-14 Notice of appeal, (Letter Form), Completed on: 2018-11-14 Weyerhaeuser Company Limited
2018-10-26 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2018-10-19 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2018-10-19 Judgment on leave sent to the parties
2018-10-18 Judgment of the Court on the application for leave to appeal,
The applications for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C62587, 2017 ONCA 1007, dated December 20, 2017, are granted. Costs in the cause are granted in the third application for leave to appeal. The schedule for serving and filing materials will be set by the Registrar.
Granted, with costs in the cause
2018-09-17 All materials on application for leave submitted to the Judges, for consideration by the Court
2018-04-18 Applicant's reply to respondent's argument, (Letter Form), APPLICATION #2, Completed on: 2018-04-18 Her Majesty the Queen as represented by the Ministry of the Attorney General
2018-04-11 Certificate (on limitations to public access), (APPLICATION #2) Resolute FP Canada Inc.
2018-04-11 Notice of name, (APPLICATION #2) Resolute FP Canada Inc.
2018-04-11 Respondent's response on the application for leave to appeal, (Book Form), (APPLICATION #2), Completed on: 2018-04-11 Resolute FP Canada Inc.
2018-04-09 Notice of name, APPLICATION #2 Weyerhaeuser Company Limited
2018-04-09 Certificate (on limitations to public access), APPLICATION #2 Weyerhaeuser Company Limited
2018-04-09 Respondent's response on the application for leave to appeal, (Book Form), APPLICATION #2, Completed on: 2018-04-09 Weyerhaeuser Company Limited
2018-03-16 Certificate (on limitations to public access), APPLICATION #1 Her Majesty the Queen as represented by the Ministry of the Attorney General
2018-03-16 Respondent's response on the application for leave to appeal, (Book Form), APPLICATION #1, Completed on: 2018-03-16 Her Majesty the Queen as represented by the Ministry of the Attorney General
2018-03-16 Certificate (on limitations to public access), APPLICATION #3 Her Majesty the Queen as represented by the Ministry of the Attorney General
2018-03-16 Respondent's response on the application for leave to appeal, (Book Form), APPLICATION #3, Completed on: 2018-03-16 Her Majesty the Queen as represented by the Ministry of the Attorney General
2018-03-16 Certificate (on limitations to public access) Her Majesty the Queen as represented by the Ministry of the Attorney General
2018-03-13 Letter acknowledging receipt of a complete application for leave to appeal, APPLICATION #3 - FILE OPENED 2018-03-13
2018-03-13 Letter acknowledging receipt of a complete application for leave to appeal, APPLICATION #2 - FILE OPENED 2018-03-13
2018-03-13 Letter acknowledging receipt of a complete application for leave to appeal, APPLICATION #1 - FILE OPENED 2018-03-13
2018-02-19 Certificate (on limitations to public access), APPLICATION #3 Weyerhaeuser Company Limited
2018-02-19 Notice of name, APPLICATION #3 Weyerhaeuser Company Limited
2018-02-19 Application for leave to appeal, (Book Form), (2 volumes), APPLICATION #3, Completed on: 2018-03-12 Weyerhaeuser Company Limited
2018-02-16 Application for leave to appeal, (Book Form), APPLICATION #2, Completed on: 2018-03-12 Her Majesty the Queen as represented by the Ministry of the Attorney General
2018-02-16 Application for leave to appeal, (Book Form), APPLICATION #1, Completed on: 2018-03-12 Resolute FP Canada Inc.
2018-02-16 Certificate (on limitations to public access), APPLICATION #2 Her Majesty the Queen as represented by the Ministry of the Attorney General
2018-02-16 Certificate (on limitations to public access), APPLICATION #1 Resolute FP Canada Inc.
2018-02-16 Notice of name, APPLICATION #1 Resolute FP Canada Inc.