Docket

38571

Chandos Construction Ltd. v. Deloitte Restructuring Inc. in its capacity as Trustee in Bankruptcy of Capital Steel Inc., a bankrupt

(Alberta) (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)
2020-02-03 Transcript received, 98 pages
2020-01-20 Judgment reserved OR rendered with reasons to follow
2020-01-20 Hearing of the appeal, 2020-01-20, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment reserved
2020-01-20 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Attorney General of Canada
2020-01-20 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Deloitte Restructuring Inc. in its capacity as Trustee in Bankruptcy of Capital Steel Inc., a bankrupt
2020-01-20 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Chandos Construction Ltd.
2020-01-13 Correspondence received from, (Letter Form), Correction : Book of Authorities Deloitte Restructuring Inc. in its capacity as Trustee in Bankruptcy of Capital Steel Inc., a bankrupt
2020-01-06 Notice of appearance, (Letter Form), Darren R. Bieganek, Q.C. and Ryan F.T. Quinlan will appear before the court. Mr. Bieganek will present oral arguments Chandos Construction Ltd.
2020-01-06 Correspondence received from, (Letter Form), 4 reserved seats requested. Attorney General of Canada
2020-01-06 Reply factum on appeal, (Book Form), Completed on: 2020-01-06 Chandos Construction Ltd.
2020-01-03 Notice of appearance, (Letter Form), Sean F. Collins, Brandon Kain and Cassidy Thomson will appear before the court. Mr. Collins will present oral arguments.
Insolvency Institute of Canada
2020-01-03 Intervener's book of authorities, (Book Form), Completed on: 2020-01-03 Insolvency Institute of Canada
2020-01-03 Intervener's factum, (Book Form), Completed on: 2020-01-03 Insolvency Institute of Canada
2020-01-03 Notice of appearance, (Letter Form), Zoe Oxaal will appear before the court, and will present oral arguments. Attorney General of Canada
2020-01-03 Intervener's book of authorities, (Book Form), Completed on: 2020-01-03 Attorney General of Canada
2020-01-03 Intervener's factum, (Book Form), Completed on: 2020-01-03 Attorney General of Canada
2020-01-03 Notice of appearance, (Letter Form), Victoria Merritt and Shauna N. Finlay will appear before the court, and both will present oral arguments. Deloitte Restructuring Inc. in its capacity as Trustee in Bankruptcy of Capital Steel Inc., a bankrupt
2020-01-03 Notice of appearance, (Letter Form), Ashley Taylor and Sinziana R. Hennig will appear before the court. Mr. Taylor will present oral arguments. Canadian Association of Insolvency and Restructuring Professionals
2020-01-03 Intervener's book of authorities, (Book Form), Completed on: 2020-01-03 Canadian Association of Insolvency and Restructuring Professionals
2020-01-03 Intervener's factum, (Book Form), Completed on: 2020-01-03 Canadian Association of Insolvency and Restructuring Professionals
2019-12-19 Respondent's book of authorities, (Book Form), Missing: electronic copy (rec' 12/20/19), Completed on: 2019-12-23 Deloitte Restructuring Inc. in its capacity as Trustee in Bankruptcy of Capital Steel Inc., a bankrupt
2019-12-19 Respondent's factum, (Book Form), Completed on: 2019-12-19 Deloitte Restructuring Inc. in its capacity as Trustee in Bankruptcy of Capital Steel Inc., a bankrupt
2019-12-13 Notice of hearing sent to parties
2019-12-11 Appeal hearing scheduled, 2020-01-20,
The schedule for serving and filing the material is set as follows:

The notice of appeal shall be served and filed on or before August 30, 2019.

The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before October 25, 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 November 15, 2019.

The appellant and respondent shall serve and file their response(s), if any, to the motions for leave to intervene on or before November 21, 2019.

Replies to any responses to the motions for leave to intervene shall be served and filed on or before November 26, 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 January 6, 2020.

The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before December 20, 2019.

Judgment reserved
2019-11-29 Order on motion for leave to intervene, by ROWE J.
2019-11-29 Decision on the motion for leave to intervene, Row,
UPON APPLICATIONS by the Attorney General of Canada, the Canadian Association of Insolvency and Restructuring Professionals and the Insolvency Institute of Canada for leave to intervene in the above appeal;

AND UPON REQUEST by the appellant to serve and file a factum in reply to the interventions;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motions for leave to intervene are granted and the said three (3) interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before January 3, 2020.

The said three (3) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

The appellant is granted permission to serve and file a single reply factum to all interventions not to exceed five (5) pages in length on or before January 6, 2020, at 3 p.m. EST.

The interveners are not entitled to express a position on the disposition of the appeal, 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 resulting from their interventions.

Granted
2019-11-29 Submission of motion for leave to intervene, Row
2019-11-26 Reply to the motion for leave to intervene, (Book Form),
MISSING: amended cover pages - wrong color (received on 2019-11-28), Completed on: 2019-11-26
Canadian Association of Insolvency and Restructuring Professionals
2019-11-26 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2019-11-26 Insolvency Institute of Canada
2019-11-21 Response to the motion for leave to intervene, (Letter Form), to all interventions, Completed on: 2019-11-21 Deloitte Restructuring Inc. in its capacity as Trustee in Bankruptcy of Capital Steel Inc., a bankrupt
2019-11-21 Response to the motion for leave to intervene, (Book Form), to all interventions, Completed on: 2019-11-21 Chandos Construction Ltd.
2019-11-15 Motion for leave to intervene, (Book Form), Completed on: 2019-11-15 Attorney General of Canada
2019-11-15 Notice of name, (Letter Form) Insolvency Institute of Canada
2019-11-15 Motion for leave to intervene, (Book Form), Completed on: 2019-11-15 Insolvency Institute of Canada
2019-11-14 Notice of name, (Letter Form) Canadian Association of Insolvency and Restructuring Professionals
2019-11-14 Certificate (on limitations to public access), (Letter Form), 23A Canadian Association of Insolvency and Restructuring Professionals
2019-11-14 Motion for leave to intervene, (Book Form), Completed on: 2019-11-14 Canadian Association of Insolvency and Restructuring Professionals
2019-10-24 Certificate of counsel (attesting to record), (Letter Form) Chandos Construction Ltd.
2019-10-24 Appellant's record, (Book Form), Completed on: 2019-10-24 Chandos Construction Ltd.
2019-10-24 Appellant's book of authorities, (Book Form), Completed on: 2019-10-24 Chandos Construction Ltd.
2019-10-24 Appellant's factum, (Book Form), Completed on: 2019-10-24 Chandos Construction Ltd.
2019-08-29 Notice of appeal, (Letter Form), Completed on: 2019-08-29 Chandos Construction Ltd.
2019-08-26 Correspondence received from, (Letter Form), Notice of agent reprsenting two opposing parties. Chandos Construction Ltd.
2019-08-23 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2019-07-12 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2019-07-12 Judgment on leave sent to the parties
2019-07-11 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 of Alberta (Edmonton), Number 1703-0085-AC, 2019 ABCA 32, dated January 29, 2019, is 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
2019-06-17 All materials on application for leave submitted to the Judges, for consideration by the Court
2019-05-02 Notice of name, (Letter Form) Deloitte Restructuring Inc. in its capacity as Trustee in Bankruptcy of Capital Steel Inc., a bankrupt
2019-05-02 Certificate (on limitations to public access), (Letter Form) Deloitte Restructuring Inc. in its capacity as Trustee in Bankruptcy of Capital Steel Inc., a bankrupt
2019-05-02 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-05-02 Deloitte Restructuring Inc. in its capacity as Trustee in Bankruptcy of Capital Steel Inc., a bankrupt
2019-04-04 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED
2019-03-28 Notice of name, (Letter Form) Chandos Construction Ltd.
2019-03-28 Certificate (on limitations to public access), (Letter Form) Chandos Construction Ltd.
2019-03-28 Application for leave to appeal, (Book Form), Completed on: 2019-03-28 Chandos Construction Ltd.