Case information

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings

Date	Proceeding	Filed By (if applicable)
1991-03-08	Record returned to the Registrar of the Court of Appeal, (Vancouver,BC)
1990-09-06	Appeal closed
1990-03-08	Formal judgment sent to the registrar of the court of appeal and all parties, (Vancouver,BC)
1990-03-07	Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON)
1990-03-07	Copy of formal judgment being prepared, Beament, Green, York & Manton (Ottawa,ON)
1990-03-07	Copy of formal judgment being prepared, Noël, Décary (Hull,QC)
1990-03-07	Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON)
1990-03-07	Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1990-03-07	Copy of formal judgment being prepared, James M. Mabbutt C/O Department of Justice (Ottawa,ON)
1990-03-07	Copy of formal judgment being prepared, Scott & Aylen (Ottawa,ON)
1989-11-06	Judgment on the appeal rendered, (See file # 17910), CJ La W LaF L'HD Allowed, costs against the respondent
1989-11-06	Hearing of the appeal, 1989-11-06, (See file # 17910), CJ La W LaF L'HD
1989-11-02	Service, (affidavit) of resp. factum on the re-hearing
1989-10-30	General proceeding, 21 copies of factum on re-hearing	Her Majesty the Queen in Right of British Columbia
1989-10-24	Appellant's factum, 10 copies for the rehearing of the appeal.	Air Canada
1989-10-24	Appeal re-hearing ordered
1989-09-14	Appeal hearing scheduled, 1989-11-06
1989-09-14	All material on motion for a re-hearing of the appeal submitted to Justices, The appliction for a re-hearing is granted; a re-hering is ordered to determine the issue of interest only. / La requéete en ré-audition est accordée. Une ré-audition est ordonnée pour décider de la seule question des entérêts.
1989-08-28	Reply to the response to the motion for a re-hearing of the appeal, 10 copies,, with service	Air Canada
1989-08-16	Response to the motion for a re-hearing of the appeal, joint memorandum, 10 copies filed in file # 17910	Her Majesty the Queen in Right of British Columbia
1989-08-03	General proceeding, (10 copies of amended motion for re-hearing), with service	Air Canada
1989-07-20	General proceeding, to note (fax) letter fr. Russell & DuMoulin re: will be filing an amended argument	Air Canada
1989-06-09	General proceeding, (material on re-hearing issued to McI. La. W. LaF. & L'HD)
1989-06-06	Motion for a re-hearing of the appeal, , 10 copies (amended motion for re-hearing was filed on Aug. 2/89), with service	Air Canada
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, Scott & Aylen (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, Noel, Decary (Hull, QC)
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, Gowling & Henderson (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, Deputy A.G. Canada (Ott., Ont.)
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
1988-06-08	Hearing of the appeal, 1988-06-08, 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	Air Canada
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, , 12 copies of statutes	Air Canada
1988-06-03	Intervener's factum, , 21 copies, with service	Attorney General of Quebec
1988-06-01	Intervener's factum, , 21 copies, with service	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, With service	Attorney General of Manitoba
1988-05-20	Intervener's factum, With service	Attorney General of Alberta
1988-05-20	Intervener's factum, , 19 copies (joint factum 17910), with service	Canadian National Railway
1988-05-18	Order on motion for leave to intervene
1988-05-17	Decision on the motion for leave to intervene, (Factum by May 20/88. No oral argument unless questioned by judges), 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 judges), 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 judges), 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
1987-04-21	Appeal hearing scheduled, 1988-06-08 Decision reserved
1987-04-21	Appeal perfected for hearing, Session beginning on 1987-05-04
1987-04-21	Order on motion to expedite the appeal
1987-04-21	Decision on motion to expedite the appeal, Reg Granted, no order as to costs
1987-04-21	Hearing of motion to expedite the appeal, 1987-04-21, Reg
1987-04-21	Submission of motion to expedite the appeal, 1987-04-21, Reg
1987-04-21	Response to motion to expedite the appeal	Her Majesty the Queen in Right of British Columbia
1987-04-21	Motion to expedite the appeal	Air Canada
1987-04-21	Notice of intervention respecting a constitutional question, With service	Attorney General of Nova Scotia
1987-04-21	Notice of intervention respecting a constitutional question	Attorney General of Quebec
1987-04-21	Notice of intervention respecting a constitutional question	Attorney General for Ontario
1987-04-21	Notice of intervention respecting a constitutional question	Attorney General of Manitoba
1987-04-21	Notice of intervention respecting a constitutional question, With service	Attorney General of Saskatchewan
1987-04-21	Notice of intervention respecting a constitutional question, With service	Attorney General of Alberta
1987-04-21	Notice of intervention respecting a constitutional question, With service	Attorney General of New Brunswick
1987-04-21	Notice of intervention respecting a constitutional question, With service	Attorney General of Newfoundland
1987-04-16	Notice of intervention respecting a constitutional question, With service	Attorney General of Canada
1987-04-10	Notice of constitutional question(s), With service	Air Canada
1987-04-02	Order on motion to state a constitutional question
1987-03-30	Appellant's factum, , 22 copies	Air Canada
1987-03-20	Decision on the motion to state a constitutional question, (For Constitutional Question see file or Reg's Red Bk #6 @ p.258. Interventions by April 21/87), CJ Granted, no order as to costs
1987-03-20	Hearing of the motion to state a constitutional question, 1987-03-20, (For Constitutional Question see file or Reg's Red Bk #6 @ p.258. Interventions by April 21/87), CJ
1987-03-20	Submission of motion to state a constitutional question, 1987-03-20, (For Constitutional Question see file or Reg's Red Bk #6 @ p.258. Interventions by April 21/87), CJ
1987-03-10	Motion to state a constitutional question, With service	Air Canada
1987-03-10	Case on appeal, , 21 copies vols. 1 & 2	Air Canada
1986-03-06	Notice of deposit of security, With service
1986-03-06	Order granting leave to appeal
1986-03-04	$30.00 filing fee, receipt # 9120	Air Canada
1986-03-04	$500 security deposit paid, receipt # 1505	Air Canada
1986-03-04	Notice of appeal, With service	Air Canada
1986-02-28	Judgment of the Court on the application for leave to appeal, CJ C LeD Granted, with costs in the cause
1985-12-09	Hearing of the application for leave to appeal, 1985-12-09, CJ C LeD Decision reserved
1985-12-09	All materials on application for leave submitted to the Judges, 1985-12-09, CJ C LeD Decision reserved
1985-12-03	Respondent's response on the application for leave to appeal, , 5 copies, with service	Her Majesty the Queen in Right of British Columbia
1985-11-01	Correspondence received from, dated 1985/10/30 from Applicant (Re: Satellite)	Air Canada
1985-11-01	Application for leave to appeal, , 5 copies, Completed on: 1985-11-01	Air Canada

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Air Canada	Applicant	Active

v.

Main parties - Respondents

Name	Role	Status
Her Majesty the Queen in Right of British Columbia	Respondent	Active
Attorney General of British Columbia	Respondent	Active
Minister of Finance of the Province of BritishColumbia	Respondent	Active
E.J. Turner, in his capacity as Commissioner of Social Services Tax Act	Respondent	Active

Other parties

Other parties

Name	Role	Status
Attorney General of Canada	Intervener	Active
Attorney General of Newfoundland	Intervener	Active
Attorney General of New Brunswick	Intervener	Active
Attorney General of Alberta	Intervener	Active
Attorney General of Saskatchewan	Intervener	Active
Attorney General of Manitoba	Intervener	Active
Attorney General for Ontario	Intervener	Active
Attorney General of Quebec	Intervener	Active
Attorney General of Nova Scotia	Intervener	Active
Canadian National Railway	Intervener	Active

Counsel

Summary

Memorandums of argument on application for leave to appeal

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 filing 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.

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Factums on appeal

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.

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