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.
19299
Canadian National Railway Company v. James Mark Clark, et al.
(New Brunswick) (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) |
|---|---|---|
| 1990-09-06 | Appeal closed | |
| 1989-06-06 | Certificate of taxation issued to, Gowling & Henderson | |
| 1989-06-02 | Decision on the bill of costs, at $10,788.28. | |
| 1989-06-02 | Fee on taxation $30, receipt #14717 | James Mark Clark |
| 1989-04-18 | Correspondence (sent by the Court) to, copy of formal judgment sent to Gowling & Henderson (Ott., Ont.) | |
| 1989-04-04 | Formal judgment sent to the registrar of the court of appeal and all parties, of Fredericton, N.B. | |
| 1989-03-14 | Correspondence (sent by the Court) to, returning court record. | |
| 1988-12-15 |
Judgment on the appeal rendered, CJ B McI La W LeD L'HD Dismissed, with costs |
|
| 1988-12-14 | Judgment on the appeal scheduled | |
| 1987-05-08 |
Hearing of the appeal, 1987-05-08, CJ B McI La W LeD L'HD Decision reserved |
|
| 1987-05-08 |
Appeal hearing scheduled, 1987-05-08 Decision reserved |
|
| 1987-05-07 | General proceeding, to note 10 copies of amendments to Railway Act | Canadian National Railway Company |
| 1987-05-06 | General proceeding, to note 12 copies of Railway Act | Canadian National Railway Company |
| 1987-05-06 | Book of authorities, , 10 copies of volumes 1 & 2 | Attorney General of Canada |
| 1987-05-06 | Service, of Intervenor's argument | |
| 1987-05-05 | Intervener's factum, , 21 copies | Attorney General of Canada |
| 1987-05-05 | Book of authorities, , 10 copies, with service | Canadian Pacific Limited |
| 1987-05-05 | Intervener's factum, , 20 copies, with service | Canadian Pacific Limited |
| 1987-05-04 | Book of authorities, , 10 copies of volumes 1 & 2 | James Mark Clark |
| 1987-05-01 | Intervener's factum, , 20 copies, with service | Attorney General of New Brunswick |
| 1987-04-30 | Intervener's factum, , served copy, with service | Attorney General of Quebec |
| 1987-04-29 | Intervener's factum, , 20 copies | Attorney General of Quebec |
| 1987-03-20 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause Granted, no order as to costs |
|
| 1987-03-20 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1987-03-20 | |
| 1987-03-20 | Hearing of motion to expedite the appeal, 1987-03-20 | |
| 1987-03-20 | Submission of motion to expedite the appeal, 1987-03-20 | |
| 1987-03-20 | Response to motion to expedite the appeal | James Mark Clark |
| 1987-03-20 | Affidavit, of Ron J. Ashfield & N. McRelney | Canadian National Railway Company |
| 1987-03-20 | Motion to expedite the appeal | Canadian National Railway Company |
| 1987-03-03 | Order on motion for leave to intervene | |
| 1987-03-03 |
Decision on the motion for leave to intervene, (Subject to argument on the point summarized in the affidavit of C.R.O. Munro), W Granted, no order as to costs |
|
| 1987-03-03 | Hearing of motion for leave to intervene, 1987-03-03, (Subject to argument on the point summarized in the affidavit of C.R.O. Munro), W | |
| 1987-03-03 | Submission of motion for leave to intervene, 1987-03-03, (Subject to argument on the point summarized in the affidavit of C.R.O. Munro), W | |
| 1987-02-24 | Affidavit | Canadian Pacific Limited |
| 1987-02-24 | Motion for leave to intervene, With service | Canadian Pacific Limited |
| 1986-06-26 | Respondent's factum, , 21 copies | James Mark Clark |
| 1986-04-21 | Appellant's factum, , 1 copy, with service | Canadian National Railway Company |
| 1986-01-23 | Notice of hearing, With service | Canadian National Railway Company |
| 1986-01-13 | Appellant's factum, , served copy, with service | Canadian National Railway Company |
| 1986-01-13 | Appeal perfected for hearing, Session beginning on 1986-01-27 | |
| 1986-01-13 |
Decision on motion to expedite the appeal, late filing, Reg Granted, no order as to costs |
|
| 1986-01-13 | Hearing of motion to expedite the appeal, 1986-01-13, late filing, Reg | |
| 1986-01-13 | Submission of motion to expedite the appeal, 1986-01-13, late filing, Reg | |
| 1986-01-10 | Response to motion to expedite the appeal, late filing | James Mark Clark |
| 1986-01-10 | Motion to expedite the appeal, late filing | Canadian National Railway Company |
| 1986-01-08 | Appellant's factum, , 21 copies | Canadian National Railway Company |
| 1985-10-28 | Certified casebook | Canadian National Railway Company |
| 1985-10-21 | Appeal court record | |
| 1985-10-21 | Trial court record | |
| 1985-09-25 | Case on appeal, , 1 copy, with service | Canadian National Railway Company |
| 1985-09-17 | Case on appeal, , 21 copies | Canadian National Railway Company |
| 1985-07-15 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 1985-07-15 | Notice of intervention respecting a constitutional question, With service | Attorney General of Canada |
| 1985-07-15 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 1985-07-05 | Notice of intervention respecting a constitutional question, With service | Attorney General of New Brunswick |
| 1985-06-21 | Motion to state a constitutional question, With service | Canadian National Railway Company |
| 1985-06-19 | Order on motion to state a constitutional question | |
| 1985-06-18 | Notice of deposit of security, With service | |
| 1985-06-14 | $500 security deposit paid, $500.00, receipt # 1416 | Canadian National Railway Company |
| 1985-06-13 | $30.00 filing fee, receipt # 8225 | Canadian National Railway Company |
| 1985-06-13 |
Decision on the motion to state a constitutional question, (for Constitutional Question see file or Reg's Red Book #6 @ p.28. Interventions by July 15/85), CJ Granted, no order as to costs |
|
| 1985-06-13 | Hearing of the motion to state a constitutional question, 1985-06-13, (for Constitutional Question see file or Reg's Red Book #6 @ p.28. Interventions by July 15/85), CJ | |
| 1985-06-13 | Submission of motion to state a constitutional question, 1985-06-13, (for Constitutional Question see file or Reg's Red Book #6 @ p.28. Interventions by July 15/85), CJ | |
| 1985-06-11 | Motion to state a constitutional question | Canadian National Railway Company |
| 1985-05-31 | Notice of appeal, With service | Canadian National Railway Company |
| 1985-05-29 | Order granting leave to appeal | |
| 1985-05-13 |
Judgment of the Court on the application for leave to appeal, B La W Granted, with costs in the cause |
|
| 1985-05-13 | Hearing of the application for leave to appeal, 1985-05-13, B La W | |
| 1985-05-13 | All materials on application for leave submitted to the Judges, 1985-05-13, B La W | |
| 1985-04-30 | Respondent's response on the application for leave to appeal, 5 copies | James Mark Clark |
| 1985-04-15 | Application for leave to appeal, 5 copies, with service, Completed on: 1985-04-15 | Canadian National Railway Company |
| 1985-04-01 | Order on motion to extend the time to file and/or serve the leave application | |
| 1985-03-28 |
Decision on motion to extend time to file and /or serve the leave application, W Granted, no order as to costs |
|
| 1985-03-28 | Hearing of motion to extend time to file and/ or serve the leave application, 1985-03-28, W | |
| 1985-03-28 | Submission of motion to extend time to file and/ or serve the leave application, 1985-03-28, W | |
| 1985-03-28 | Response to the motion to extend the time to file and / or serve the leave application | James Mark Clark |
| 1985-03-28 | Affidavit | Canadian National Railway Company |
| 1985-03-28 | Motion to extend the time to file and or serve the application for leave to appeal | Canadian National Railway Company |
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 National Railway Company | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Clark, James Mark | Respondent | Active |
| Clark, Mark Byron | Respondent | Active |
| Attorney General of New Brunswick | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Canadian Pacific Limited | Intervener | Active |
| Attorney General of New Brunswick | Intervener | Active |
Counsel
Party: Canadian National Railway Company
Counsel
935 RUE DE LA GAUCHETIERE O 11e ÉTAGE
MONTRÉAL, Quebec
H3B 2M9
Telephone: (514) 399-4775
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
Counsel
Centennial Bldg
PO Box 6000
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2514
FAX: (506) 453-3275
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Clark, James Mark
Counsel
181 BRUNSWICK ST
PO BOX 1150 STN A
FREDERICTON, New Brunswick
E3B 5C2
Telephone: (506) 458-9600
FAX: (506) 450-0758
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Clark, Mark Byron
Counsel
181 BRUNSWICK ST
PO BOX 1150 STN A
FREDERICTON, New Brunswick
E3B 5C2
Telephone: (506) 458-9600
FAX: (506) 450-0758
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 Canada
Counsel
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 995-2569
Party: Attorney General of Quebec
Counsel
1200 RTE DE L'ÉGLISE
5e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 646-1696
Agent
111, rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Canadian Pacific Limited
Counsel
360 - 601 CORDOVA ST W
VANCOUVER, British Columbia
V6B 1G1
Telephone: (604) 681-8851
FAX: (604) 688-0099
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
Court of Queen’s Bench of New Brunswick
#F/C/782/81
s.342 of the Railway Act, R.S.C. '70,c.R-2 is no bar to the plaintiff's claim
Court of Appeal of New Brunswick
00000000000000000000
Appeal dismissed
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