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Case information

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20333

Her Majesty the Queen in Right of Canada as represented by the Minister of Public Works v. Dywidag Systems International Canada Limited, et al.

(Nova Scotia) (Civil) (By Leave)

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)
1990-05-08 Formal judgment sent to the registrar of the court of appeal and all parties, (Halifax,NS)
1990-03-29 Notice of deposit of judgment sent to all parties, Doucet & Assoc, (Halifax,NS)
1990-03-29 Notice of deposit of judgment sent to all parties, Stewart, MacKeen & Covert (Halifax,NS)
1990-03-29 Notice of deposit of judgment sent to all parties, Noël, Décary (Hull,Qc)
1990-03-29 Notice of deposit of judgment sent to all parties, Soloway, Wright, (Ottawa,ON)
1990-03-29 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Hendeson (Ottawa,ON)
1990-03-29 Notice of deposit of judgment sent to all parties, Joseph de Pencier, C/O Department of Justice (Ottawa,ON)
1990-03-29 Judgment on the appeal rendered, CJ W L'HD So G Co McL, The appeal is allowed without costs.
Allowed, without costs
1990-02-12 General proceeding, transcripts received and distributed to the justices (86 pages)
1990-01-24 Hearing of the appeal, 1990-01-24, CJ W L'HD So G Co McL
Decision reserved
1990-01-22 Book of authorities, 10 copies, with service Attorney General of Alberta
1990-01-19 Appeal hearing scheduled, 1990-01-24
Decision reserved
1990-01-18 Book of authorities, 13 copies, joint with 20842, vols. 1 to 5 Her Majesty the Queen in Right of Canada as represented by the Minister of Public Works
1990-01-17 Correspondence (sent by the Court) to, from William L. Ryan (he will not be taking part i n the appeal and will not be in attendance)
1990-01-09 Intervener's factum, 21 copies (joint with 20842 - Rudolf Wolff), with service Attorney General of Quebec
1990-01-08 Intervener's factum, 20 copies (joint with 20842-Rudolph Wolff), with service Attorney General of Alberta
1989-12-19 Intervener's factum, 21 copies,, with service Attorney General for Ontario
1989-10-03 Respondent's factum, 21 copies,, with service Dywidag Systems International Canada Limited
1989-09-18 Response to motion to expedite the appeal Dywidag Systems International Canada Limited
1989-09-18 Notice of hearing Her Majesty the Queen in Right of Canada as represented by the Minister of Public Works
1989-09-18 Order on motion to expedite the appeal
1989-09-18 Decision on motion to expedite the appeal, Reg
Granted, no order as to costs
1989-09-18 Hearing of motion to expedite the appeal, 1989-09-18, Reg
1989-09-18 Submission of motion to expedite the appeal, 1989-09-18, Reg
1989-09-18 Response to motion to expedite the appeal Zutphen Brothers Construction Limited
1989-09-18 Motion to expedite the appeal Her Majesty the Queen in Right of Canada as represented by the Minister of Public Works
1989-09-18 Appeal perfected for hearing, Session beginning on 1989-10-02
1989-08-28 Appellant's factum, 20 copies, Her Majesty the Queen in Right of Canada as represented by the Minister of Public Works
1989-05-25 Notice of intervention respecting a constitutional question Attorney General of Quebec
1989-05-25 Notice of intervention respecting a constitutional question Attorney General for Ontario
1989-05-19 Notice of intervention respecting a constitutional question, With service Attorney General of Alberta
1989-05-10 Order on motion to state a constitutional question
1989-05-09 Correspondence (sent by the Court) to, from W.G. Burke-Robertson, Q.C.
1989-04-24 Decision on the motion to state a constitutional question, (for Constitutional Questions see file or Reg's Red Bk #7 @ p.178. Interventions by May 26/89)., CJ
Granted, no order as to costs
1989-04-24 Hearing of the motion to state a constitutional question, 1989-04-24, (for Constitutional Questions see file or Reg's Red Bk #7 @ p.178. Interventions by May 26/89)., CJ
1989-04-24 Submission of motion to state a constitutional question, 1989-04-24, (for Constitutional Questions see file or Reg's Red Bk #7 @ p.178. Interventions by May 26/89)., CJ
1989-04-18 General proceeding, to note affidavit of V. Taylor to confirm Dywidag will not participate in the appeal Dywidag Systems International Canada Limited
1989-04-18 Motion to extend time, time to serve & file the motion to state a Constitutional question, with service Her Majesty the Queen in Right of Canada as represented by the Minister of Public Works
1989-04-18 Response to the motion to state a constitutional question, of Elwin J. MacNeil, with service Dywidag Systems International Canada Limited
1989-04-18 Motion to state a constitutional question, , 2 copies, with service Her Majesty the Queen in Right of Canada as represented by the Minister of Public Works
1988-12-13 Response to the motion to state a constitutional question, With service Her Majesty the Queen in Right of Canada as represented by the Minister of Public Works
1988-12-12 Motion to state a constitutional question Her Majesty the Queen in Right of Canada as represented by the Minister of Public Works
1988-12-12 Motion to extend time, time to file Constitutional questions Her Majesty the Queen in Right of Canada as represented by the Minister of Public Works
1987-12-22 Case on appeal, served copy Her Majesty the Queen in Right of Canada as represented by the Minister of Public Works
1987-12-11 Case on appeal, 21 copies Her Majesty the Queen in Right of Canada as represented by the Minister of Public Works
1987-10-09 Notice of cross appeal Dywidag Systems International Canada Limited
1987-10-02 Notice of appeal, 2 copies, with service Her Majesty the Queen in Right of Canada as represented by the Minister of Public Works
1987-09-03 Notice of appeal Her Majesty the Queen in Right of Canada as represented by the Minister of Public Works
1987-08-05 Correspondence received from, sent to Martin, Smith (Halifax,NS)
1987-07-29 Judgment of the Court on the application for leave to appeal, B La L'HD
Granted, with costs in the cause
1987-05-04 Hearing of the application for leave to appeal, 1987-05-04, B La L'HD
Decision reserved
1987-05-04 All materials on application for leave submitted to the Judges, 1987-05-04, B La L'HD
Decision reserved
1987-03-16 Application for leave to appeal, 5 copies 2 copies, with service, Completed on: 1987-03-19 Her Majesty the Queen in Right of Canada as represented by the Minister of Public Works

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

Main parties - Appellants
Name Role Status
Her Majesty the Queen in Right of Canada as represented by the Minister of Public Works Applicant Active

v.

Main parties - Respondents
Name Role Status
Dywidag Systems International Canada Limited Respondent Active
Zutphen Brothers Construction Limited Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Alberta Intervener Active
Attorney General for Ontario Intervener Active
Attorney General of Quebec Intervener Active

Counsel

Party: Her Majesty the Queen in Right of Canada as represented by the Minister of Public Works

Counsel
Names
Joseph de Pencier
T.B. Smith, Q.C.
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4855

Party: Dywidag Systems International Canada Limited

Counsel
Name
W.L. Ryan
Contact information
Stewart McKelvey Stirling Scales
900 - 1959 UPPER WATER ST
PO BOX 997 STN CENTRAL RPO
HALIFAX, Nova Scotia
B3J 2X2
Telephone: (902) 420-3200
FAX: (902) 420-1417

Party: Zutphen Brothers Construction Limited

Counsel
Name
Elwin J. MacNeil, Q.C.
Contact information
Doucet & Associates
408 - 1770 MARKET ST
PO BOX 211
HALIFAX, Nova Scotia
B3J 2M4
Telephone: (902) 429-1040

Party: Attorney General of Alberta

Counsel
Name
Richard F. Taylor
Contact information
Attorney General of Alberta
9833 - 109th Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
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

Counsel
Name
Robert Earl Charney
Contact information
Attorney General for Ontario
720 Bay St
7Th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4452
FAX: (416) 326-4015
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General of Quebec

Counsel
Name
Jean Bouchard
Contact information
Procureur général du Québec
1200 RTE DE L'ÉGLISE
5e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 646-1696
Agent
Name
Robert Décary, c.r.
Contact information
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Summary

Keywords

None.

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

January 27, 1987
Nova Scotia Court of Appeal

01635 (53613)

Appeal allowed

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

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

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

Webcasts

Not available.

Date modified: 2025-05-13