Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
17875
Canadian Pacific Airlines Limited v. Her Majesty the Queen in Right of British Columbia
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1991-09-19 | Record returned to the Registrar of the Court of Appeal, (Vancouver,BC) | |
| 1991-03-08 | Record returned to the Registrar of the Court of Appeal, (Vancouver,BC) | |
| 1989-05-09 | Correspondence (sent by the Court) to, court of appeal record returned to Registrar (Vanc., B.C.) | |
| 1989-05-08 | Notice of deposit of judgment sent to all parties, Dept. of Justice (Ott., Ont.) | |
| 1989-05-08 | Notice of deposit of judgment sent to all parties, Scott & Aylen (Ott., Ont.) | |
| 1989-05-08 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ott., Ont.) | |
| 1989-05-08 | Notice of deposit of judgment sent to all parties, Grace, Neville (Ott., Ont.) | |
| 1989-05-08 | Notice of deposit of judgment sent to all parties, Dept. of Justice (Ott., Ont.) | |
| 1989-05-08 | Notice of deposit of judgment sent to all parties, Gowling & Henderson (Ott., Ont.) | |
| 1989-05-08 | Notice of deposit of judgment sent to all parties, Soloway, Wright (Ott., Ont.) | |
| 1989-05-08 | Notice of deposit of judgment sent to all parties, Noel, Decary (Hull, QC) | |
| 1989-05-08 | Notice of deposit of judgment sent to all parties, Osler, Hoskin & Harcourt (Ott., Ont.) | |
| 1989-05-04 | Formal judgment sent to the registrar of the court of appeal and all parties, (Vancouver,BC) | |
| 1989-05-04 |
Judgment on the appeal rendered, B McI La W LeD LaF L'HD, The appellant airlines' appeal respecting the declaratory orders as they relate to the taxes on the aircraft and parts is allowed, the province's cross-appeal respecting such orders as they relate to the taxes on alcoholic beverages sold in aircraft while they are in the airspace is dismissed. The orders of Proudfoot J. and Callaghan J. are restored. The airlines are entitled to their costs throughout. The appeal by Air Canada as regards the amount claimed for taxes unlawfully collected in respect of its aircraft and parts is allowed and the sum claimed, namely $903,424.57 is awarded. The appeal as regards the amount claimed for taxes unlawfully collected in respect of alcoholic beverages is dismissed. The province is entitled to its costs at trial and before the Court of Appeal. There shall be no costs on the appeal to this Court. Le Dain J. took no part in the judgment. Allowed, with costs |
|
| 1988-08-08 |
Hearing of the appeal, 1988-08-08, B McI La W LeD LaF L'HD Decision reserved |
|
| 1988-06-07 | Intervener's factum, , 2 copies, with service | Attorney General of New Brunswick |
| 1988-06-06 | Book of authorities, 9 copies, joint book vols. 1 to 4 | Canadian Pacific Airlines Limited |
| 1988-06-06 | Respondent's factum, , 21 copies, with service | Her Majesty the Queen in Right of British Columbia |
| 1988-06-06 | Intervener's factum, , 21 copies, with service | Attorney General of Newfoundland |
| 1988-06-03 | Intervener's factum, , 21 copies, with service | Attorney General for Ontario |
| 1988-06-03 | Book of authorities, (Statute's) | Canadian Pacific Airlines Limited |
| 1988-06-03 | Intervener's factum, , 21 copies, with service | Attorney General of Quebec |
| 1988-06-02 | Intervener's factum, , 20 copies, with service | Attorney General of New Brunswick |
| 1988-06-01 | Intervener's factum | Attorney General of Nova Scotia |
| 1988-05-31 | Intervener's factum, , 20 copies, with service | Attorney General of Saskatchewan |
| 1988-05-25 | Intervener's factum, , 21 copies, with service | Attorney General of Alberta |
| 1988-05-20 | Intervener's factum, , 20 copies, with service | Attorney General of Alberta |
| 1988-05-17 |
Decision on the motion for leave to intervene, (Factum by May 20/88; No oral argument unless questioned by judge), La Granted, no order as to costs |
|
| 1988-05-17 | Hearing of motion for leave to intervene, 1988-05-17, (Factum by May 20/88; No oral argument unless questioned by judge), La | |
| 1988-05-17 | Submission of motion for leave to intervene, 1988-05-17, (Factum by May 20/88; No oral argument unless questioned by judge), La | |
| 1988-05-12 | Motion for leave to intervene, (served copy), with service | Canadian National Railway |
| 1988-05-11 | Affidavit | Canadian National Railway |
| 1988-05-11 | Motion for leave to intervene | Canadian National Railway |
| 1988-05-04 | Respondent's factum, , 21 copies, with service | Her Majesty the Queen in Right of British Columbia |
| 1988-02-11 | Notice of withdrawal, With service | Attorney General of Canada |
| 1987-05-19 | Notice of intervention respecting a constitutional question | Attorney General of Nova Scotia |
| 1987-05-19 | Notice of intervention respecting a constitutional question | Attorney General of Newfoundland |
| 1987-05-19 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 1987-05-15 | Notice of intervention respecting a constitutional question | Attorney General for Ontario |
| 1987-05-14 | Notice of intervention respecting a constitutional question | Attorney General of Saskatchewan |
| 1987-05-14 | Notice of intervention respecting a constitutional question | Attorney General of New Brunswick |
| 1987-05-13 | Notice of intervention respecting a constitutional question, With service | Attorney General of Alberta |
| 1987-05-12 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 1987-05-01 | Notice of hearing, With service | Canadian Pacific Airlines Limited |
| 1987-04-30 | Notice of intervention respecting a constitutional question, With service | Attorney General of Canada |
| 1987-04-28 | Motion to state a constitutional question, With service | Canadian Pacific Airlines Limited |
| 1987-04-22 | Order on motion to state a constitutional question | |
| 1987-04-21 |
Appeal hearing scheduled, 1988-08-08 Decision reserved |
|
| 1987-04-21 |
Decision on the motion to state a constitutional question, (see file), CJ Granted, no order as to costs |
|
| 1987-04-21 | Hearing of the motion to state a constitutional question, 1987-04-21, (see file), CJ | |
| 1987-04-21 | Submission of motion to state a constitutional question, 1987-04-21, (see file), CJ | |
| 1987-04-21 | Appeal perfected for hearing, Session beginning on 1987-10-01 | |
| 1987-04-21 | Notice of constitutional question(s) | Canadian Pacific Airlines Limited |
| 1987-04-21 | Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause | |
| 1987-04-21 | Order on motion to expedite the appeal | |
| 1987-04-16 |
Decision on motion to expedite the appeal, McI Granted, no order as to costs |
|
| 1987-04-16 | Hearing of motion to expedite the appeal, 1987-04-16, McI | |
| 1987-04-16 | Submission of motion to expedite the appeal, 1987-04-16, McI | |
| 1987-04-16 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, McI Granted, no order as to costs |
|
| 1987-04-16 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1987-04-16, McI | |
| 1987-04-16 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1987-04-16, McI | |
| 1987-04-15 | Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause | Her Majesty the Queen in Right of British Columbia |
| 1987-04-15 | Affidavit | Canadian Pacific Airlines Limited |
| 1987-04-15 | Affidavit | Canadian Pacific Airlines Limited |
| 1987-04-15 | Motion to expedite the appeal, With service | Canadian Pacific Airlines Limited |
| 1987-04-15 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, With service | Canadian Pacific Airlines Limited |
| 1987-04-10 | Appellant's factum, , 21 copies, with service | Canadian Pacific Airlines Limited |
| 1987-03-19 | Notice of change of counsel, (Ottawa agent) | Canadian Pacific Airlines Limited |
| 1987-03-19 | Notice of change of counsel, With service | Canadian Pacific Airlines Limited |
| 1987-03-09 | Case on appeal, , 21 copies | Canadian Pacific Airlines Limited |
| 1986-10-09 | Notice of cross appeal, With service | Her Majesty the Queen in Right of British Columbia |
| 1986-10-02 | Notice of cross appeal | Her Majesty the Queen in Right of British Columbia |
| 1983-11-22 | $500 security deposit paid, receipt # 1355 | Canadian Pacific Airlines Limited |
| 1983-11-22 | Notice of deposit of security | |
| 1983-11-22 | Notice of appeal, With service | Canadian Pacific Airlines Limited |
| 1983-11-18 | Order granting leave to appeal | |
| 1983-11-18 | $30.00 filing fee, receipt # 5978, with service | Canadian Pacific Airlines Limited |
| 1983-11-18 | Notice of appeal, With service | Canadian Pacific Airlines Limited |
| 1983-10-17 |
Judgment of the Court on the application for leave to appeal, (Time in which to file the notice of sine die granted), R D W Granted, with costs in the cause |
|
| 1983-10-17 | Hearing of the application for leave to appeal, 1983-10-17, (Time in which to file the notice of sine die granted), R D W | |
| 1983-10-17 | All materials on application for leave submitted to the Judges, 1983-10-17, (Time in which to file the notice of sine die granted), R D W | |
| 1983-10-06 | Respondent's response on the application for leave to appeal, , 5 copies | Her Majesty the Queen in Right of British Columbia |
| 1983-09-22 | General proceeding, to note cheque in the amount of $30.00 returned to Heinvilles C.P. | Canadian Pacific Airlines Limited |
| 1983-09-21 | Application for leave to appeal, , 5 copies, Completed on: 1983-09-21 | Canadian Pacific Airlines Limited |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Canadian Pacific Airlines Limited | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of British Columbia | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Attorney General of New Brunswick | Intervener | Active |
| Attorney General of Saskatchewan | Intervener | Active |
| Attorney General for Ontario | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Attorney General of Newfoundland | Intervener | Active |
| Attorney General of Nova Scotia | Intervener | Active |
| Canadian National Railway | Intervener | Pending |
Counsel
Party: Canadian Pacific Airlines Limited
Counsel
Baker
360 - 601 CORDOVA ST W
VANCOUVER, British Columbia
V6B 1G1
Telephone: (604) 681-8851
FAX: (604) 688-0099
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Her Majesty the Queen in Right of British Columbia
Counsel
Joseph J. Arvay, Q.C.
609 BROUGHTON ST
VICTORIA, British Columbia
V8W 1C8
Telephone: (604) 660-3093
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Attorney General of Canada
Counsel
Joseph Arvay
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4997
Party: Attorney General of Quebec
Agent
111, rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General of Alberta
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General of New Brunswick
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General of Saskatchewan
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General for Ontario
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General of Newfoundland
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Attorney General of Nova Scotia
Agent
47 Clarence St
Suite 204
Ottawa, Ontario
K1N 9K1
Telephone: (613) 241-3400
FAX: (613) 241-8555
Party: Canadian National Railway
This party is not represented by counsel.
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
None.
Lower court rulings
Supreme Court of British Columbia
A811288
Applicant not subject to tax (within Social Services Tax Act)
Court of Appeal for British Columbia (Vancouver)
Ca830692
Appeal allowed in part
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available