Docket

38059

Attorney General of Canada v. British Columbia Investment Management Corporation, 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)
2019-12-13 Judgment on the appeal rendered, CJ Abe Mo Ka Br Row Mar, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA44026, 2018 BCCA 47, dated February 7, 2018, heard on May 13, 2019, is dismissed without costs. As a provincial Crown agent, the British Columbia Investment Management Corporation (BCI) is immune from taxation by Canada under the Excise Tax Act, R.S.C. 1985, c. E-15, in respect of assets BCI holds in pooled investment portfolios under the Pooled Investment Portfolios Regulation, B.C. Reg 447/99. Wagner C.J. dissents.

The cross-appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA44026, 2018 BCCA 47, dated February 7, 2018, heard on May 13, 2019, is dismissed without costs. Under s. 16(6) of the Public Sector Pension Plans Act, S.B.C. 1999, c. 44, BCI is nevertheless subject to the provisions of the Reciprocal Taxation Agreement and the Comprehensive Integrated Tax Coordination Agreement respecting those assets to the same extent as Her Majesty the Queen in Right of the Province of British Columbia.
Judgment accordingly, no order as to costs
2019-05-30 Transcript received, 112 pages
2019-05-13 Judgment reserved OR rendered with reasons to follow
2019-05-13 Hearing of the appeal, 2019-05-13, CJ Abe Mo Ka Br Row Mar
Judgment reserved
2019-05-13 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Her Majesty the Queen in Right of the Province of British Columbia
2019-05-13 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) British Columbia Investment Management Corporation
2019-05-13 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Attorney General of Canada
2019-05-13 Correspondence received from, Michael Sobkin will also be appearing before the Court. British Columbia Investment Management Corporation
2019-05-08 Correspondence received from, (Letter Form), The AGA will no longer be appearing before the Court and will rely solely on their written submissions. Attorney General of Alberta
2019-05-02 Order by, ABELLA J.,
IT IS HEREBY ORDERED THAT:
The Attorney General of Ontario and the Attorney General of Alberta are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
Granted, no order as to costs
2019-05-01 Correspondence received from, (Letter Form), 5 reserved seats requested. British Columbia Investment Management Corporation
2019-05-01 Notice of appearance, (Letter Form), Craig A.B. Ferris, Lisa A. Peters and Gordon Brandt will appear before the court. Mr. Ferris will present oral arguments. British Columbia Investment Management Corporation
2019-04-26 Notice of appearance, (Letter Form), Michael Taylor and Ian Demers will appear before the court. Mr. Taylor will present oral arguments. Attorney General of Canada
2019-04-26 Notice of appearance, (Letter Form), Padraic Ryan and Robin K. Basu will appear before the court. Padraic Ryan will present oral arguments. Attorney General of Ontario
2019-04-25 Notice of appearance, (Letter Form), L. Christine Enns, Q.C. will appear before the court and will present oral arguments. Attorney General of Alberta
2019-04-24 Notice of appearance, (Letter Form), Sointula Kirkpatrick and David Poore will appear before the court. Sointula Kirkpatrick will present oral arguments.
Her Majesty the Queen in Right of the Province of British Columbia
2019-03-22 Intervener's book of authorities, (Book Form), Completed on: 2019-03-22 Attorney General of Alberta
2019-03-22 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2019-03-22 Attorney General of Alberta
2019-03-22 Intervener's book of authorities, (Book Form), Completed on: 2019-03-22 Attorney General of Ontario
2019-03-22 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2019-03-22 Attorney General of Ontario
2019-03-21 Appeal perfected for hearing
2019-03-15 Respondent's book of authorities - cross appeal, (Book Form), Completed on: 2019-03-15 Attorney General of Canada
2019-03-15 Respondent's factum - cross appeal, (Book Form), Completed on: 2019-03-15 Attorney General of Canada
2019-03-15 Respondent's book of authorities - cross appeal, (Book Form), Completed on: 2019-03-15 Her Majesty the Queen in Right of the Province of British Columbia
2019-03-15 Respondent's factum - cross appeal, (Book Form), Completed on: 2019-03-15 Her Majesty the Queen in Right of the Province of British Columbia
2019-03-05 Respondent's book of authorities, (Book Form), Completed on: 2019-03-05 British Columbia Investment Management Corporation
2019-03-05 Respondent's factum, (Book Form), Completed on: 2019-03-05 British Columbia Investment Management Corporation
2019-03-05 Certificate of counsel (attesting to record), (Letter Form) Her Majesty the Queen in Right of the Province of British Columbia
2019-03-05 Respondent's book of authorities, (Book Form), Completed on: 2019-03-05 Her Majesty the Queen in Right of the Province of British Columbia
2019-03-05 Respondent's record, (Book Form), Completed on: 2019-03-05 Her Majesty the Queen in Right of the Province of British Columbia
2019-03-05 Respondent's factum, (Book Form), Completed on: 2019-03-05 Her Majesty the Queen in Right of the Province of British Columbia
2019-03-05 Notice of hearing sent to parties
2019-02-26 Appeal hearing scheduled, 2019-05-13, (PREVIOUSLY SCHEDULED FOR MAY 17, 2019)

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

Any attorney general intending to intervene under subrule 33(4) of the Rules of the Supreme Court of Canada shall serve and file a notice of intervention respecting constitutional question on or before December 11, 2018.

The appellant/respondent on cross-appeal’s record, factum on appeal and book of authorities, if any, shall be served and filed on or before January 8, 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 29, 2019.

The appellant/respondent on cross-appeal, the respondent/appellant on cross-appeal and the respondent /respondent on cross-appeal shall serve and file their responses, if any, to the motions for leave to intervene on or before February 4, 2019.

Replies to any responses to the motions for leave to intervene shall be served and filed on or before February 6, 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 22, 2019.

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 March 22, 2019.

The respondents/appellants on cross-appeal’s record, factum and book of authorities, if any, shall be served and filed on or before March 5, 2019.

The respondent/respondent on cross-appeal’s record, factum and book of authorities, if any, shall be served and filed on or before March 5, 2019.

The appellant/respondent on cross-appeal’s factum on cross-appeal shall be served and filed on or before March 15, 2019.

The respondent/respondent on cross-appeal’s factum on cross-appeal shall be served and filed on or before March 15, 2019.
Judgment reserved
2019-02-19 Correspondence (sent by the Court) to, the parties. New tentative hearing date set for May 13, 2019 (previous tentative hearing date was May 17, 2019).
2019-01-28 Correspondence (sent by the Court) to, the parties. New tentative hearing date and schedule for the filing and service of documents.
2019-01-08 Certificate of counsel (attesting to record), (Letter Form) Attorney General of Canada
2019-01-08 Appellant's book of authorities, (Book Form), Completed on: 2019-01-08 Attorney General of Canada
2019-01-08 Appellant's record, (Book Form), (10 volumes), Completed on: 2019-01-08 Attorney General of Canada
2019-01-08 Appellant's factum, (Book Form), Completed on: 2019-01-08 Attorney General of Canada
2019-01-07 Order by, WAGNER C.J.

IT IS HEREBY ORDERED THAT the above appeal scheduled to be heard on March 28, 2019, is traversed to the 2019 Spring session. The Registrar shall fix a new hearing date.
2018-12-14 Correspondence received from, (Letter Form), Michael Taylor. Filing deadlines - Interveners. Attorney General of Canada
2018-12-14 Correspondence received from, (Letter Form), Sointula Kirkpatrick. Party role and filing deadlines. Her Majesty the Queen in Right of the Province of British Columbia
2018-12-12 Correspondence received from, David Poore, Counsel for the Respondent. Her Majesty the Queen in Right of the Province of British Columbia
2018-12-11 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2018-12-11 Attorney General of Ontario
2018-12-10 Notice of hearing sent to parties
2018-12-07 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2018-12-07 Attorney General of Alberta
2018-11-23 Correspondence (sent by the Court) to, the parties. New tentative hearing date and filing schedule.
2018-11-13 Notice of constitutional question(s), (Letter Form), Completed on: 2018-11-13 Attorney General of Canada
2018-11-13 Notice of appeal, (Letter Form), Completed on: 2018-11-13 Attorney General of Canada
2018-11-13 Notice of cross appeal, (Letter Form), Completed on: 2018-11-13 British Columbia Investment Management Corporation
2018-11-13 Notice of constitutional question(s), (Letter Form), Completed on: 2018-11-13 British Columbia Investment Management Corporation
2018-11-05 Correspondence received from, (Letter Form), Craig A.B. Ferris, Q.C.. Proposed alternative filing and service schedule. British Columbia Investment Management Corporation
2018-11-02 Notice of change of counsel, Sointula Kirkpatrick is Counsel for Her Majesty the Queen in right of the Province of British Columbia. Her Majesty the Queen in Right of the Province of British Columbia
2018-11-01 Correspondence received from, (Letter Form), Michael Taylor. Updated contact information. Attorney General of Canada
2018-10-24 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2018-10-12 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2018-10-12 Judgment on leave sent to the parties
2018-10-11 Correspondence received from, Michael Sobkin agent for the Respondent BC. British Columbia Investment Management Corporation
2018-10-11 Judgment of the Court on the application for leave to appeal,
The application for leave to appeal and the conditional application for leave to cross-appeal filed by the respondent, the British Columbia Investment Management Corporation, from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA44026, 2018 BCCA 47, dated February 7, 2018, are granted with costs in the cause. The schedule for serving and filing materials will be set by the Registrar.
Granted, with costs in the cause
2018-10-11 Judgment of the Court on the application for leave to cross-appeal, see decision on application
Granted, with costs in the cause
2018-07-16 All material on the application for leave to cross-appeal submitted to the Judges, Abe Ga Br, for consideration by the Court
2018-07-16 All materials on application for leave submitted to the Judges, Abe Ga Br, for consideration by the Court
2018-06-25 Reply to the memorandum in response to the argument on cross-appeal, (Letter Form), Completed on: 2018-06-25 British Columbia Investment Management Corporation
2018-06-13 Memorandum of argument in response to the cross-appeal, (Book Form), Completed on: 2018-06-13 Attorney General of Canada
2018-06-13 Memorandum of argument in response to the cross-appeal, (Book Form), Completed on: 2018-06-14 Her Majesty the Queen in Right of the Province of British Columbia
2018-05-24 Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-05-24 Attorney General of Canada
2018-05-14 Notice of name, (Letter Form) Her Majesty the Queen in Right of the Province of British Columbia
2018-05-14 Certificate (on limitations to public access), (Letter Form) Her Majesty the Queen in Right of the Province of British Columbia
2018-05-14 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-05-17 Her Majesty the Queen in Right of the Province of British Columbia
2018-05-14 Application for leave to cross-appeal, (Book Form), (Included in the respondent's response on the application for leave to appeal), (Conditional), Completed on: 2018-05-14 British Columbia Investment Management Corporation
2018-05-14 Notice of name, (Letter Form) British Columbia Investment Management Corporation
2018-05-14 Certificate (on limitations to public access), (Letter Form) British Columbia Investment Management Corporation
2018-05-14 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-05-14 British Columbia Investment Management Corporation
2018-04-25 Correspondence received from, RE Questionnaire regarding CA order (expected 2018-05-07). Attorney General of Canada
2018-04-13 Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order, (FILE OPENED 2018-04-13)
2018-04-09 Certificate (on limitations to public access) Attorney General of Canada
2018-04-09 Application for leave to appeal, (Book Form), CA Order missing (receveid 2018-07-03)., Completed on: 2018-07-03 Attorney General of Canada