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21271

Knox Contracting Limited, et al. v. Her Majesty the Queen, et al.

(New Brunswick) (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)
1994-07-11 Appeal closed
1990-09-13 Record returned to the Registrar of the Court of Appeal, (Fredericton,NB)
1990-08-29 Formal judgment sent to the registrar of the court of appeal and all parties, (Fredericton,NB)
1990-08-29 Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC)
1990-08-29 Copy of formal judgment being prepared, Don Avison, C/O Dept. of Justice (Ottawa,ON)
1990-08-28 Notice of deposit of judgment sent to all parties, Donald J. Avison , C/O Dept. of Justice (Ott,ON)
1990-08-28 Notice of deposit of judgment sent to all parties, Noël, Berthiaume (Hull,QC)
1990-08-16 Judgment on the appeal rendered, W LaF L'HD So G Co McL, The appeal is dismissed, L'Heureux-Dubé, Sopinka and McLachlin JJ. dissenting.
Dismissed, no order as to costs
1990-01-09 General proceeding, transcripts received and distributed to the justices (101 pages)
1989-12-07 Hearing of the appeal, 1989-12-07, W LaF L'HD So G Co McL
Decision reserved
1989-11-29 Book of authorities, joint (respondent's) 10 copies vol. 1, 2, 3, 4, . Knox Contracting Limited
1989-11-10 Respondent's factum, 20 copies,, with service Attorney General of Canada
1989-10-16 Notice of change of counsel Knox Contracting Limited
1989-10-10 Appeal hearing scheduled, 1989-12-07
Decision reserved
1989-09-07 Notice of hearing Knox Contracting Limited
1989-09-07 Appeal perfected for hearing, Session beginning on 1989-10-02
1989-08-31 Appeal court record
1989-08-31 Certified casebook Knox Contracting Limited
1989-08-08 Service, of Appellant's factum
1989-07-25 Appellant's factum, 21 copies Knox Contracting Limited
1989-07-20 Case on appeal, 20 copies Knox Contracting Limited
1989-06-28 Order granting leave to appeal
1989-06-28 Notice of appeal, With service Knox Contracting Limited
1989-06-14 Close file on Leave
1989-06-14 Notice of deposit of judgment issued to all parties, Noel, Décary, Aubry & Associés (Hull, Qc)
1989-06-14 Notice of deposit of judgment issued to all parties, Attorney General of Canada (Ott., Ont.)
1989-06-08 Judgment of the Court on the application for leave to appeal, CJ La W LaF So, The application for leave to appeal is granted. It is hereby ordered that, until final disposition of these proceedings, all books, records, documents or things seized by the Respondents on July 7, 1986 from the premises of the applicants and on July 23, 1986 from the offices of Thorne Riddell in Fredericton, New Brunswick, together with all copies, summaries, notes, outlines or extracts thereof in the possession or control of the Respondents or their servants, agents, employees, representatives and officials shall be impounded and kept in sealed boxes in the custody of the Chief of Special Investigations of the District Taxation Office of Revenue Canada, Taxation in Saint John, New Brunswick, and that the Applicants right of access pursuant to subsection 231.3(8) of the Income Tax Act, S.C. 1970-71-72, c. 63 as amended by S.C. 1986, c. 6 be reserved.
Granted, no order as to costs
1989-02-13 General proceeding, to note 7 copies of unreported decision Her Majesty the Queen
1989-02-06 General proceeding, 5 copies of a judgment from the N.B. c/a. given to judges. Knox Contracting Limited
1989-01-23 Hearing of the application for leave to appeal, 1989-01-23, and impound document, CJ La W LaF So
Decision reserved
1989-01-23 All materials on application for leave submitted to the Judges, 1989-01-23, and impound document, CJ La W LaF So
Decision reserved
1989-01-19 Book of authorities, , 5 copies Knox Contracting Limited
1989-01-16 Hearing of the application for leave to appeal scheduled
1989-01-13 Affidavit, to impound certain material (further affidavit) Knox Contracting Limited
1988-12-29 General proceeding, to note 11 copies of appendix to motion for leave Knox Contracting Limited
1988-12-23 Application for leave to appeal ready to be heard (old rules)
1988-12-23 General proceeding, to note 10 copies of motion to impound documents Knox Contracting Limited
1988-12-23 $30.00 filing fee, receipt # 13399 Knox Contracting Limited
1988-12-23 Application for leave to appeal, 10 copies, Completed on: 1988-12-23 Knox Contracting 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
Knox Contracting Limited Applicant Active
Knox, Harold Hazen Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active
Minister of National Revenue Respondent Active
Attorney General of Canada Respondent Active
Deputy Attorney General of Canada Respondent Active
Attorney General of New Brunswick Respondent Active
Clarke, John Byron Respondent Active
Gillis, Bernard Gerard Respondent Active

Counsel

Party: Knox Contracting Limited

Counsel
Name
Guy Dupont
Contact information
Goodman Phillips & Vineberg
1501 AV McGILL COLLEGE
26THFL
MONTRÉAL, Quebec
H3A 3N9
Telephone: (514) 841-6400
FAX: (514) 841-6499
Agent
Name
Sylvie Roussel
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: Knox, Harold Hazen

Counsel
Name
Guy Dupont
Contact information
Goodman Phillips & Vineberg
1501 AV McGILL COLLEGE
26THFL
MONTRÉAL, Quebec
H3A 3N9
Telephone: (514) 841-6400
FAX: (514) 841-6499
Agent
Name
Sylvie Roussel
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: Her Majesty the Queen

Counsel
Names
Theodore E. Wilson
John R. Power
Contact information
10-D PRINCE EDWARD ST
SAINT JOHN, New Brunswick
E2L 4M5
Telephone: (506) 633-8788
Agent
Name
Don J. Avison
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4900

Party: Minister of National Revenue

Counsel
Name
Theodore E. Wilson
Contact information
10-D PRINCE EDWARD ST
SAINT JOHN, New Brunswick
E2L 4M5
Telephone: (506) 633-8788
Agent
Name
Don J. Avison
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4900

Party: Attorney General of Canada

Counsel
Name
Donald J. Avison
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 992-4918

Party: Deputy Attorney General of Canada

Counsel
Name
Donald J. Avison
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 992-4918

Party: Attorney General of New Brunswick

Counsel
Name
Theodore E. Wilson
Contact information
10-D PRINCE EDWARD ST
SAINT JOHN, New Brunswick
E2L 4M5
Telephone: (506) 633-8788
Agent
Name
Don J. Avison
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4900

Party: Clarke, John Byron

Counsel
Name
Theodore E. Wilson
Contact information
10-D PRINCE EDWARD ST
SAINT JOHN, New Brunswick
E2L 4M5
Telephone: (506) 633-8788
Agent
Name
Don J. Avison
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4900

Party: Gillis, Bernard Gerard

Counsel
Name
Theodore E. Wilson
Contact information
10-D PRINCE EDWARD ST
SAINT JOHN, New Brunswick
E2L 4M5
Telephone: (506) 633-8788
Agent
Name
Don J. Avison
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4900

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

March 3, 1987
Court of Queen’s Bench of New Brunswick

S/M/156/86

Application to quash search warrant denied (See file)

November 24, 1988
Court of Appeal of New Brunswick

Not listed

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