Docket

39869

Deans Knight Income Corporation v. His Majesty the King

(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)
2023-08-17 Bill of costs, *Under Review, Incomplete His Majesty the King
2023-05-29 Formal judgment sent to the registrar of the court of appeal and all parties
2023-05-29 Judgment on appeal and notice of deposit of judgment sent to all parties
2023-05-26 Judgment on the appeal rendered, CJ Ka Côt Br Row Mar Kas Ja Ob, The appeal from the judgment of the Federal Court of Appeal, Number A-170-19, 2021 FCA 160, dated August 4, 2021, heard on November 2, 2022, is dismissed with costs. Côté J. dissents.

* Brown J. did not participate in the final disposition of the judgment.
Dismissed, with costs
2023-05-11 Correspondence received from, (Letter Form), Federal Court of Appeal released corrections to its reasons for judgment on April 28, 2023. His Majesty the King
2022-11-15 Transcript received, 108 pages
2022-11-02 Judgment reserved OR rendered with reasons to follow
2022-11-02 Hearing of the appeal, 2022-11-02, CJ Ka Côt Br Row Mar Kas Ja Ob
Judgment reserved
2022-10-31 Intervener's condensed book, (Book Form), (Printed version filed on 2022-10-31) Tax Executives Institute, Inc.
2022-10-31 Respondent's condensed book, (Book Form), (Printed version filed on 2022-10-31) His Majesty the King
2022-10-28 Intervener's condensed book, (Book Form), (Printed version filed on 2022-10-28) Agence du Revenu du Québec
2022-10-28 Appellant's condensed book, (Book Form), (Printed version filed on 2022-10-28) Deans Knight Income Corporation
2022-10-19 Notice of appearance, Barry Crump, Heather DiGregorio, Robert Martz and Jennie Han will appear before the Court. Barry Crump and Heather DiGregoriowill present oral argument.
Deans Knight Income Corporation
2022-10-18 Notice of appearance, Al Meghji, Edward Rowe, Joanne Vandale, and Mark Sheeley will appear before the Court. Al Meghji will present oral argument.
Tax Executives Institute, Inc.
2022-10-12 Notice of appearance, Michael Taylor and Perry Derksen will appear before the Court. Michael Taylor will present oral argument.
His Majesty the King
2022-10-11 Correspondence (sent by the Court) to, all parties; Letter of direction relating to upcoming hearing
2022-10-06 Notice of appearance, Steve Suarez, Laurie A. Goldbach and Elizabeth Egberts will appear before the Court. Steve Stuarez will present oral argument. Canadian Chamber of Commerce
2022-10-05 Notice of appearance, Alexandra Clark, Dona Salmon and Jennifer Boyczuk will appear before the Court. Alexandra Clark will present oral argument. Attorney General of Ontario
2022-10-04 Notice of appearance, Me Pierre Zemaitis and Me Josée Fournier will appear before the Court. Me Zemaitis will present oral argument.
Agence du Revenu du Québec
2022-09-20 Correspondence received from, (Letter Form), corrections were made to footnotes 131 and 134, errors on page 31, (Printed version due on 2022-09-27) His Majesty the King
2022-09-16 Reply factum on appeal, (Book Form), Response to the Intervener Facta, Completed on: 2022-09-26, (Printed version filed on 2022-09-22) Deans Knight Income Corporation
2022-09-16 Reply factum on appeal, (Book Form), Response to the Intervener Facta, Completed on: 2022-09-26, (Printed version filed on 2022-09-16) His Majesty the King
2022-09-15 Correspondence received from, (Letter Form), Josée Fournier will act as co-counsel with Pierre Zemaitis, (Printed version due on 2022-09-22) Agence du Revenu du Québec
2022-09-02 Intervener's factum, (Book Form), Completed on: 2022-09-09, (Printed version filed on 2022-09-06) Tax Executives Institute, Inc.
2022-09-02 Intervener's book of authorities, (Book Form), Completed on: 2022-09-09, (Printed version filed on 2022-09-06) Attorney General of Ontario
2022-09-02 Intervener's factum, (Book Form), Completed on: 2022-09-09, (Printed version filed on 2022-09-06) Attorney General of Ontario
2022-09-02 Intervener's book of authorities, (Book Form), Completed on: 2022-09-09, (Printed version filed on 2022-09-02) Canadian Chamber of Commerce
2022-09-02 Intervener's factum, (Book Form), Completed on: 2022-09-09, (Electronic version filed on 2022-09-02) Canadian Chamber of Commerce
2022-08-31 Notice of name, (Letter Form), (Printed version filed on 2022-09-08) Agence du Revenu du Québec
2022-08-31 Intervener's factum, (Book Form), Completed on: 2022-09-09, (Printed version filed on 2022-09-08) Agence du Revenu du Québec
2022-07-29 Respondent's book of authorities, (Book Form), (2 volumes), Completed on: 2022-08-08, (Printed version filed on 2022-07-29) His Majesty the King
2022-07-29 Respondent's record, (Book Form), (5 volumes), Completed on: 2022-08-08, (Printed version filed on 2022-07-29) His Majesty the King
2022-07-29 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-07-29) His Majesty the King
2022-07-29 Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2022-07-29) His Majesty the King
2022-07-29 Respondent's factum, (Book Form), Completed on: 2022-08-05, (Printed version filed on 2022-07-29) His Majesty the King
2022-07-26 Order on motion for leave to intervene, by Justice Martin (sent to parties by email)
2022-07-26 Decision on the motion for leave to intervene, Mar, UPON APPLICATION by the Attorney General of Ontario, l’Agence du revenu du Québec, the Tax Executives Institute, Inc., the Canadian Chamber of Commerce and the Madison Pacific Properties Inc. 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 filed by Madison Pacific Properties Inc. is dimissed.

The motions for leave to intervene filed by the Attorney General of Ontario, l’Agence du revenu du Québec, the Tax Executives Institute, Inc. and the Canadian Chamber of Commerce are granted and the said four (4) interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before September 6, 2022.

The said four (4) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.


The appellant and respondent are each granted permission to serve and file a single factum in response to all interventions, not to exceed ten (10) pages in length, on or before September 16, 2022.

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 the respondent any additional disbursements resulting from their interventions.

Granted
2022-07-26 Submission of motion for leave to intervene, Mar
2022-07-20 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-07-22, (Printed version filed on 2022-07-25) Tax Executives Institute, Inc.
2022-07-19 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-07-20, (Printed version filed on 2022-07-21) Madison Pacific Properties Inc.
2022-07-15 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-07-22, (Printed version filed on 2022-07-15) Canadian Chamber of Commerce
2022-07-14 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-07-15 His Majesty the King
2022-07-13 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-07-13, (Printed version filed on 2022-07-15) Deans Knight Income Corporation
2022-07-04 Notice of name, (Letter Form), (Printed version filed on 2022-07-05) Agence du Revenu du Québec
2022-07-04 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete, (Printed version filed on 2022-07-05)
Agence du Revenu du Québec
2022-07-04 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete, (Printed version filed on 2022-07-04)
Attorney General of Ontario
2022-06-30 Notice of name, (Letter Form), (Printed version filed on 2022-07-25) Tax Executives Institute, Inc.
2022-06-30 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete, (Printed version filed on 2022-07-25)
Tax Executives Institute, Inc.
2022-06-30 Notice of name Canadian Chamber of Commerce
2022-06-30 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete, (Printed version filed on 2022-06-30)
Canadian Chamber of Commerce
2022-06-30 Notice of name Madison Pacific Properties Inc.
2022-06-30 Motion for leave to intervene, (Book Form), Completed on: 2022-06-30, (Printed version filed on 2022-06-30) Madison Pacific Properties Inc.
2022-06-28 Notice of hearing sent to parties
2022-06-28 Appeal hearing scheduled, 2022-11-02
Judgment reserved
2022-06-14 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (sent to parties by email)
2022-06-03 Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2022-06-10) Deans Knight Income Corporation
2022-06-03 Appellant's book of authorities, (Book Form), (2 volumes), received: revised BOA (rec'd 2022-06-06), Completed on: 2022-06-14, (Printed version filed on 2022-06-10) Deans Knight Income Corporation
2022-06-03 Appellant's record, (Book Form), (7 volumes), Completed on: 2022-06-14, (Printed version filed on 2022-06-10) Deans Knight Income Corporation
2022-06-03 Appellant's factum, (Book Form), received: revised factum (rec'd 2022-06-06), Completed on: 2022-06-14, (Printed version filed on 2022-06-10) Deans Knight Income Corporation
2022-04-08 Notice of change of counsel, (Letter Form), (Printed version due on 2022-04-19) His Majesty the King
2022-04-08 Notice of appeal, (Letter Form), require: service (rec'd 2022-04-21), Completed on: 2022-04-22, (Printed version filed on 2022-04-11) Deans Knight Income Corporation
2022-03-10 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2022-03-10 Judgment on leave sent to the parties
2022-03-10 Judgment of the Court on the application for leave to appeal, The motion for leave to intervene in the leave application filed by Alaris Equity Partners Inc. is dismissed, without prejudice to its right to bring a motion for leave to intervene in the appeal. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-170-19, 2021 FCA 160, dated August 4, 2021, is granted with costs in the cause.
Granted, with costs in the cause
2022-03-10 Decision on motion for leave to intervene, See decision on application
Dismissed
2022-02-07 All materials on application for leave submitted to the Judges, for consideration by the Court
2022-02-07 Submission of motion for leave to intervene, for consideration by the Court
2021-12-10 Reply to the motion for leave to intervene., (Letter Form), Completed on: 2021-12-14 Alaris Equity Partners Inc.
2021-12-09 Applicant's reply to respondent's argument, (Letter Form), Completed on: 2021-12-14 Deans Knight Income Corporation
2021-12-06 Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-12-13, (Printed version due on 2021-12-13) His Majesty the King
2021-11-29 Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-12-06) His Majesty the King
2021-11-29 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-12-13, (Printed version due on 2021-12-06) His Majesty the King
2021-11-26 Notice of name, (Letter Form), (Printed version due on 2021-12-03) Alaris Equity Partners Inc.
2021-11-26 Motion for leave to intervene, (Book Form), Completed on: 2021-12-13, (Printed version due on 2021-12-03) Alaris Equity Partners Inc.
2021-10-28 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2021-10-28
2021-10-04 Book of authorities, (Book Form), Completed on: 2021-10-28 Deans Knight Income Corporation
2021-10-04 Certificate (on limitations to public access) Deans Knight Income Corporation
2021-10-04 Notice of name Deans Knight Income Corporation
2021-10-04 Application for leave to appeal, (Book Form), Amended application rec'd 2021-10-06
Signed Federal Court of Appeal Reasons and Order rec'd 2021-11-01, Completed on: 2021-10-04, (Printed version filed on 2021-10-08)
Deans Knight Income Corporation