Docket
41146
Pacific Atlantic Pipeline Construction Ltd. and Bonatti S.P.A. v. Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd.
(Alberta) (Civil) (By Leave)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-05-07 | Bill of costs, UNDER REVIEW - missing: filing fee, proof of service , Incomplete |
Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. |
| 2024-04-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-04-25 | Judgment on leave sent to the parties | |
| 2024-04-25 | Judgment of the Court on the application for leave to appeal, The motion for an expedited stay of proceedings is dismissed with costs. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 2403-0002AC, dated February 29, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2024-03-25 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-03-21 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-03-21, (Printed version filed on 2024-03-22) | Pacific Atlantic Pipeline Construction Ltd. and Bonatti S.P.A. |
| 2024-03-18 | Notice of name, (Letter Form), (Printed version due on 2024-03-25) | Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. |
| 2024-03-18 | Certificate (on limitations to public access), (Letter Form), Amended 23A required-rec'd 03/20/2024, (Printed version due on 2024-03-25) | Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. |
| 2024-03-18 | Respondent's response on the application for leave to appeal, (Book Form), Proof of service missing - rec'd 03/20/2024, Completed on: 2024-03-20, (Printed version filed on 2024-03-21) | Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. |
| 2024-03-15 | Correspondence received from, (Letter Form), CA Order Form; CA Order will be filed on March 15, 2024., (Printed version due on 2024-03-22) | Pacific Atlantic Pipeline Construction Ltd. and Bonatti S.P.A. |
| 2024-03-12 | Supplemental document, (Book Form), CA Transcript and Judgment - Motion to Stay, (Printed version due on 2024-03-19) | Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. |
| 2024-03-12 | Correspondence received from, (Letter Form), the respondent; Transcript of Motion for Stay proceeding before the Court of Appeal, (Printed version filed on 2024-03-13) | Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. |
| 2024-03-12 | Order issued on motion for a stay of execution, by Justice Kasirer, UPON APPLICATION of the applicants as amended for an order directing the respondent, Coastal Gaslink Pipeline Limited Partnership by its general partner Coastal Gaslink Pipeline Ltd., to pay back funds drawn on March 6, 2024 on the Irrevocable Standby Letter of Credit No. SDNRE1010170 of HSBC Canada dated January 17, 2020, to withdraw and refrain from calling on the Irrevocable Standby Letter of Credit No. SDNRE1010170 of HSBC Canada dated January 17, 2020, and to cancel the drawdown which resulted in funds being paid on March 6, 2024, pending the determination of the Application for Leave to Appeal, and if granted until the Appeal is determined. AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is referred to the Court for decision under r. 51(2)(d) and the application for leave to appeal will be dealt with on an expedited basis. The respondent shall file any Response to the application for leave to appeal by Monday, March 18, 2024. The applicants shall file any Reply by Friday, March 22, 2024. The respondent’s undertaking of March 6, 2024, to hold the sum of CAD $117,162,384.00, representing an amount equal to the funds drawn on March 6, 2024 on the Irrevocable Standby Letter of Credit No. SDNREI010170 issued by HSBC Bank Canada, dated 17 January 2020, as amended, in the respondent’s bank account into which the Letter of Credit funds were initially deposited shall continue until such time as a decision is rendered on the application for leave to appeal, or on this motion, or until further order of the Court or a judge thereof. |
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| 2024-03-12 | Correspondence received from, (Letter Form), the respondent; letter regarding the affidavit of Lazar Sarna, (Printed version filed on 2024-03-13) | Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. |
| 2024-03-12 | Affidavit, (Letter Form), Additional affidavit in support of response to Motion to Stay., (Printed version due on 2024-03-19) | Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. |
| 2024-03-11 | Reply to motion for a stay of execution, (Book Form), Completed on: 2024-03-12, (Printed version due on 2024-03-18) | Pacific Atlantic Pipeline Construction Ltd. and Bonatti S.P.A. |
| 2024-03-11 | Notice of name, (Letter Form), (Printed version due on 2024-03-18) | Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. |
| 2024-03-11 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2024-03-18) | Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. |
| 2024-03-11 | Response to the motion for a stay of execution, (Book Form), Completed on: 2024-03-11, (Printed version due on 2024-03-18) | Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. |
| 2024-03-07 | Correspondence received from, (Letter Form), Response to the correspondence of the Respondent., (Printed version due on 2024-03-14) | Pacific Atlantic Pipeline Construction Ltd. and Bonatti S.P.A. |
| 2024-03-07 | Correspondence received from, (Letter Form), the respondents in response to the Order of Justice Kasirer., (Printed version due on 2024-03-14) | Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. |
| 2024-03-06 | Order issued on motion for a stay of execution, by Justice Kasirer UPON APPLICATION of the applicant for an order directing the respondent, Coastal Gaslink Pipeline Limited Partnership by its general partner Coastal Gaslink Pipeline Ltd., to withdraw and refrain from calling on a letter of credit and to instruct HSBC Canada to cancel a requested draw, a restraining order prohibiting the respondent from drawing upon the line of credit pending determination of the Application for Leave to Appeal and if leave is granted until the appeal is determined and for a stay of enforcement of a decision by the Court of Appeal of Alberta dated February 29, 2024. AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The respondent shall refrain from calling on the Irrevocable Standby Letter of Credit No. SDNRE1010170 of HSBC Canada dated January 17, 2020 and shall not withdraw any requested draw or draws on the letter of credit, including on or about February 29, 2024 or March 1, 2024, pending a decision on this motion or further direction from the Court or a judge thereof. The respondent shall file any Response to this motion by no later than March 18, 2024. The applicants shall file any Reply by no later than five days after service and filing of the Response or March 22, 2024, whichever comes first. Granted |
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| 2024-03-06 | Motion for a stay of execution, (Book Form), Amended motion served and filed 03/08/2024, Completed on: 2024-03-06, (Printed version filed on 2024-03-07) | Pacific Atlantic Pipeline Construction Ltd. and Bonatti S.P.A. |
| 2024-03-06 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File open on March 6, 2024 | |
| 2024-03-05 | Correspondence received from, (Letter Form), The applicants - Request to expedite the application, (Printed version due on 2024-03-12) | Pacific Atlantic Pipeline Construction Ltd. and Bonatti S.P.A. |
| 2024-03-04 | Notice of name, (Letter Form), (Printed version filed on 2024-03-04) | Pacific Atlantic Pipeline Construction Ltd. and Bonatti S.P.A. |
| 2024-03-04 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-03-04) | Pacific Atlantic Pipeline Construction Ltd. and Bonatti S.P.A. |
| 2024-03-04 | Application for leave to appeal, (Book Form), Missing the lower Court of appeal order (rec'd 2024-03-15) and filing fee (Rec'd 2024-03-15), Completed on: 2024-03-15, (Printed version filed on 2024-03-04) | Pacific Atlantic Pipeline Construction Ltd. and Bonatti S.P.A. |
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