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Case information

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20761

McKinlay Transport Limited, et al. v. Her Majesty the Queen

(Ontario) (Criminal) (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)
1992-08-20 Correspondence (sent by the Court) to, sent to Court of Appeal for Ontario (Toronto,ON) re: lower court records sent back.
1990-06-05 Copy of formal judgment being prepared, S.R. Fainstein C/O Department of Justice (Ottawa,ON)
1990-06-05 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1990-06-05 Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON)
1990-06-05 Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC)
1990-06-05 Copy of formal judgment being prepared, Hewitt, Hewitt, Nesbitt & Reid (Ottawa,ON)
1990-05-10 Formal judgment sent to the registrar of the court of appeal and all parties, (Toronto,ON)
1990-04-18 Approved order for payment out
1990-04-18 Approved order for payment out, of Court of the security for costs deposited in this appeal, amount of $500, receipt # 2049.
1990-03-29 Notice of deposit of judgment sent to all parties, S.R. Fainstein, Q.C., C/O Department of Justice (Ottawa,ON)
1990-03-29 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1990-03-29 Notice of deposit of judgment issued to all parties, Soloway, Wright, Houston (Ottawa,ON)
1990-03-29 Notice of deposit of judgment sent to all parties, Hewitt, Hewitt, Nesbitt & Reid (Ottawa,ON)
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, Noël, Décary (Hull,Qc)
1990-03-29 Judgment on the appeal rendered, La W LaF L'HD So, The appeal is dismissed without costs.
Dismissed, without costs
1988-11-02 Hearing of the appeal, 1988-11-02, La W LaF L'HD So
Decision reserved
1988-11-02 Appeal hearing scheduled, 1988-11-02
Decision reserved
1988-11-01 Service
1988-10-31 Service, of authorities
1988-10-31 Service, of factum
1988-10-28 Book of authorities, received, 10 copies Attorney General of Alberta
1988-10-28 Intervener's factum, received, served copy, with service Attorney General of Alberta
1988-10-28 Intervener's factum, received, 21 copies, with service Attorney General for Ontario
1988-10-28 Book of authorities, received, 10 copies, with service Attorney General for Ontario
1988-10-28 Intervener's factum, received, 21 copies Attorney General of Quebec
1988-10-27 Intervener's factum, received, served copy, with service Attorney General of Alberta
1988-10-27 Book of authorities, received, 9 copies of joint authorites of Docket # 20656 and 20228 Attorney General for Ontario
1988-10-26 Intervener's factum, 21 copies Attorney General of Alberta
1988-10-24 Service, 1 copy
1988-10-21 Book of authorities, 10 copies, with service McKinlay Transport Limited
1988-10-21 Respondent's factum, (21 copies), with service Her Majesty the Queen
1988-10-19 Appellant's factum, (served copy) received,, with service McKinlay Transport Limited
1988-10-19 Certified casebook, With service McKinlay Transport Limited
1988-10-17 Notice of intervention respecting a constitutional question, With service Attorney General of Alberta
1988-10-14 Notice of intervention respecting a constitutional question, With service Attorney General for Ontario
1988-10-13 Notice of intervention respecting a constitutional question Attorney General of Quebec
1988-10-11 Motion to state a constitutional question, With service McKinlay Transport Limited
1988-10-11 Order on motion to state a constitutional question
1988-10-07 Decision on the motion to state a constitutional question, (For Constitutional Question see file or Reg's Red Book @ p.86. Intervention returnable Oct 21/88), CJ
Granted, no order as to costs
1988-10-07 Hearing of the motion to state a constitutional question, 1988-10-07, (For Constitutional Question see file or Reg's Red Book @ p.86. Intervention returnable Oct 21/88), CJ
1988-10-07 Submission of motion to state a constitutional question, 1988-10-07, (For Constitutional Question see file or Reg's Red Book @ p.86. Intervention returnable Oct 21/88), CJ
1988-10-06 Response to the motion to state a constitutional question Her Majesty the Queen
1988-10-06 Motion to state a constitutional question McKinlay Transport Limited
1988-09-19 Appeal court record, 3 copies
1988-09-14 Appellant's factum, 21 copies McKinlay Transport Limited
1988-09-07 Appeal perfected for hearing, Session beginning on 1988-09-29
1988-09-01 Case on appeal, 21 copies McKinlay Transport Limited
1988-08-29 Order granting leave to appeal, with approval thereon
1988-07-04 $500 security deposit paid, $500.00, receipt # 2049 McKinlay Transport Limited
1988-07-04 Notice of appeal, With service McKinlay Transport Limited
1988-06-07 $30.00 filing fee, receipt # 12649 McKinlay Transport Limited
1988-06-07 Correspondence received from, advising of judgment sent to Registrar (Tor,ON)
1988-06-02 Judgment of the Court on the application for leave to appeal, W LeD L'HD, Granted, costs in the cause. The appeal will be heard on the same date as Thomson Newspapers Ltd. et al v. Director of Investigation & Research, Combines Investigation Act, et al
Granted, with costs in the cause
1988-04-26 Hearing of the application for leave to appeal, 1988-04-26, W LeD L'HD
Decision reserved
1988-04-26 All materials on application for leave submitted to the Judges, 1988-04-26, W LeD L'HD
Decision reserved
1988-04-22 Book of authorities, vols. 1 & 2, 5 copies McKinlay Transport Limited
1988-04-15 Respondent's response on the application for leave to appeal, 5 copies, with service Her Majesty the Queen
1988-02-15 Decision on motion to extend time to file and /or serve the leave application, McI
Granted, no order as to costs
1988-02-15 Hearing of motion to extend time to file and/ or serve the leave application, 1988-02-15, McI
1988-02-15 Submission of motion to extend time to file and/ or serve the leave application, 1988-02-15, McI
1988-02-15 Response to the motion to extend the time to file and / or serve the leave application Her Majesty the Queen
1988-02-15 Affidavit McKinlay Transport Limited
1988-02-15 Motion to extend the time to file and or serve the application for leave to appeal McKinlay Transport Limited
1988-02-15 Application for leave to appeal, 5 copies, with service, Completed on: 1988-02-15 McKinlay Transport 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

Main parties - Appellants
Name Role Status
McKinlay Transport Limited Applicant Active
C.T. Transport Inc. Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Other parties

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

Counsel

Party: McKinlay Transport Limited

Counsel
Name
Alan Shanoff
Contact information
Goodman Phillips & Vineberg
2400 - 250 YONGE ST
TORONTO, Ontario
M5B 2M6
Telephone: (416) 979-2211
FAX: (416) 979-1234
Agent
Name
Charles A. Murphy
Contact information
Hewitt, Hewitt, Nesbitt, Reid
604 - 75 Albert St
Ottawa, Ontario
K1P 5E7
Telephone: (613) 563-0202
FAX: (613) 563-0445

Party: C.T. Transport Inc.

Counsel
Name
Alan Shanoff
Contact information
Goodman Phillips & Vineberg
2400 - 250 YONGE ST
TORONTO, Ontario
M5B 2M6
Telephone: (416) 979-2211
FAX: (416) 979-1234
Agent
Name
Charles A. Murphy
Contact information
Hewitt, Hewitt, Nesbitt, Reid
604 - 75 Albert St
Ottawa, Ontario
K1P 5E7
Telephone: (613) 563-0202
FAX: (613) 563-0445

Party: Her Majesty the Queen

Counsel
Name
James W. Leising
Contact information
Attorney General of Canada
3400 First Canadian Place
PO Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-3747
FAX: (416) 973-8253
Agent
Name
S. Ronald Fainstein, Q.C.
Contact information
Attorney General of Canada
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4760
FAX: (613) 957-8412

Party: Attorney General of Quebec

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

Party: Attorney General for Ontario

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 Alberta

Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

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

November 22, 1985
Provincial Court of Ontario

00000000000000000000

application allowed

January 9, 1987
Supreme Court of Ontario

927/86

appeal allowed

December 11, 1987
Court of Appeal for Ontario

215/87

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

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