Case information
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21645
Constantine Kourtessis, et al. v. Minister of National Revenue
(British Columbia) (Criminal) (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) |
|---|---|---|
| 1997-08-07 | Appeal closed | |
| 1993-07-22 | Correspondence (sent by the Court) to, sent to Court of Appeal of B.C., enclosing their record | |
| 1993-07-06 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON) | |
| 1993-07-06 | Copy of formal judgment being prepared, The Deputy Attorney General of Canada (Ottawa, ON) | |
| 1993-07-06 | Copy of formal judgment being prepared, Noël, Berthiaume, Aubry & Associés (Hull, QC) | |
| 1993-07-06 | Copy of formal judgment being prepared, Charron, Hollander, Mattar (Ottawa, ON) | |
| 1993-07-05 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1993-04-29 | Notice of deposit of judgment sent to all parties, Noël, Berthiaume, Aubry & Associés (Hull, QC) | |
| 1993-04-29 | Notice of deposit of judgment sent to all parties, Charron, Hollander, Mattar (Ottawa, ON) | |
| 1993-04-29 | Notice of deposit of judgment sent to all parties, The Deputy Attorney General of Canada (Ottawa, ON) | |
| 1993-04-29 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON) | |
| 1993-04-22 |
Judgment on the appeal rendered, LaF L'HD So Co McL St Ia, The appeal is allowed and the judgements of the British Columbia Court of Appeal and the British Columbia Supreme Court are set aside, with costs here and in the courts below. A declaration will issue declarring that s.231.3 of the Income Tax Act and the search warrant issued thereunder are of no force or effect. In addition, an order will issue for the return of all documents, books, records, papers and things seized together with any copies of notes that have been made thereof. Allowed, costs in this Court and courts below |
|
| 1992-02-21 | General proceeding, to note transcript of appeal proceedings of this Court filed. | |
| 1992-02-07 | General proceeding, 8 copies of joint authorities (joint with 22298) | Minister of National Revenue |
| 1992-02-06 |
Hearing of the appeal, 1992-02-06, LaF L'HD So Co McL St Ia Decision reserved |
|
| 1992-02-05 | Correspondence (sent by the Court) to, from Guy A. Mattar; re: schedule for hearing - Mr. Du Pont and Mr. Power | |
| 1992-02-05 | General proceeding, 8 copies of suppl. authorities (4 cases) (joint with 22298) | Constantine Kourtessis |
| 1992-02-05 | Correspondence (sent by the Court) to, of John R. Power, Q.C. confirming the counsels and length of the oral submission of A.G. Canada in this appeal and in 22298(Baron) | |
| 1992-02-04 | Correspondence (sent by the Court) to, from Guy A. Matter; re: Guy Du Pont, Basile Angelopoulos and Ariane Bourque will appear as counsel | |
| 1992-02-03 | Book of authorities, 10 copies consisting of 3 cases: A. B. & C. (joint with 22298) | Minister of National Revenue |
| 1992-01-31 | Book of authorities, 9 copies (joint with 22298), with service | Attorney General for Ontario |
| 1992-01-31 | Intervener's factum, 24 copies, with service | Attorney General for Ontario |
| 1992-01-30 | Service, of factum | |
| 1992-01-30 | Correspondence (sent by the Court) to, sent to Deputy Attorney General of Canada; re: list of appeals inscribed for hearing by this Court during the January 1992 session and the Court's agenda for the session. | |
| 1992-01-30 | Correspondence (sent by the Court) to, sent to Charron, Hollander, Mattar (QC) re: list of appeals inscribed for hearing by this Court during the January 1992 session and the Court's agenda for the session. | |
| 1992-01-29 | Book of authorities, JOINT (joint with 22298) 10 copies of vol. I to IX | Constantine Kourtessis |
| 1992-01-24 | Service, of factum | |
| 1992-01-23 |
Appeal hearing scheduled, 1992-02-06 Decision reserved |
|
| 1992-01-22 | Notice of hearing, With service | Constantine Kourtessis |
| 1992-01-22 | Intervener's factum, 24 copies | Attorney General of Quebec |
| 1992-01-16 | Notice of hearing, With service | Constantine Kourtessis |
| 1992-01-15 | Correspondence (sent by the Court) to, (original) de Guy Du Pont; objet: dossier de la Cour d'appel a bien été reçu | |
| 1992-01-14 | Respondent's factum, 24 copies, with service | Minister of National Revenue |
| 1992-01-10 | Correspondence (sent by the Court) to, de Me Guy Du Pont; objet: dossier de la Cour d'appel transmit? | |
| 1991-12-13 | Appeal perfected for hearing, Session beginning on 1992-01-27 | |
| 1991-12-10 | Appellant's factum, 21 copies, with service | Constantine Kourtessis |
| 1991-11-25 | Appeal court record, 1 accordion file | |
| 1991-11-22 | Correspondence (sent by the Court) to, from Phillips & Vineberg; re: correspondence from and to the Court of appeal | |
| 1991-11-20 | Correspondence (sent by the Court) to, of Guy du Pont with copies of letters sent to the B.C. C/A to request C/A record | |
| 1991-07-24 | Certified casebook, With service | Constantine Kourtessis |
| 1991-06-26 | Case on appeal | Constantine Kourtessis |
| 1991-06-26 | Case on appeal, 20 copies | Constantine Kourtessis |
| 1991-05-14 | Notice of intervention respecting a constitutional question, 2 copies, with service | Attorney General of Quebec |
| 1991-05-08 | Notice of intervention respecting a constitutional question, With service | Attorney General for Ontario |
| 1991-04-23 | Notice of constitutional question(s), With service | Constantine Kourtessis |
| 1991-04-22 | Order on motion to state a constitutional question, With service | |
| 1991-04-12 |
Decision on the motion to state a constitutional question, " For Constitutional Questions see Reg's red book #8 @ p.100. Interventions by May/15/1991., CJ Granted, no order as to costs |
|
| 1991-04-12 | Hearing of the motion to state a constitutional question, 1991-04-12, " For Constitutional Questions see Reg's red book #8 @ p.100. Interventions by May/15/1991., CJ | |
| 1991-04-12 | Submission of motion to state a constitutional question, 1991-04-12, " For Constitutional Questions see Reg's red book #8 @ p.100. Interventions by May/15/1991., CJ | |
| 1991-04-10 | Motion to state a constitutional question, "AMENDED", with service | Constantine Kourtessis |
| 1991-04-09 |
Decision on the motion to state a constitutional question, "Note: the issue was raised by the Chief Justice as to whether sec. 15 should be added. The motion is adjourned sine die." Traversed, no order as to costs |
|
| 1991-04-09 |
Hearing of the motion to state a constitutional question, 1991-04-09, "Note: the issue was raised by the Chief Justice as to whether sec. 15 should be added. The motion is adjourned sine die." Adjourned |
|
| 1991-04-09 |
Submission of motion to state a constitutional question, 1991-04-09, "Note: the issue was raised by the Chief Justice as to whether sec. 15 should be added. The motion is adjourned sine die." Adjourned |
|
| 1991-04-04 | Service, of notice of motion to state constitutional question | |
| 1991-04-02 | Motion to state a constitutional question, and extend time for doing so; 2 copies | Constantine Kourtessis |
| 1991-01-10 | Notice of deposit of security, 2 copies | |
| 1991-01-10 | $500 security deposit paid, direction #2179 | Constantine Kourtessis |
| 1991-01-10 | Notice of appeal, 2 copies, with service | Constantine Kourtessis |
| 1990-12-20 | Close file on Leave | |
| 1990-12-20 | Notice of deposit of judgment issued to all parties, Noël, Berthiaume (Hull,QC) | |
| 1990-12-20 | Notice of deposit of judgment issued to all parties, John Power, C/O Dept. of Justice (Ottawa,ON) | |
| 1990-12-20 |
Judgment of the Court on the application for leave to appeal, LaF So McL, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1990-12-03 |
Hearing of the application for leave to appeal, 1990-12-03, LaF So McL Decision reserved |
|
| 1990-12-03 |
All materials on application for leave submitted to the Judges, 1990-12-03, LaF So McL Decision reserved |
|
| 1990-11-30 | Correspondence received from, from Guy Du Pont, re: copies of judgment of the Federal Court of Appeal of Nov. 28\90 | Constantine Kourtessis |
| 1990-10-12 | Correspondence received from, envoyé à Noël, Berthiaume (Hull,QC) aviser que la Cour a ordonné la tenue d'une audience pour examiner la demande en autorisation de pourvoi. L'audience de cette demande a été fixée le 3 décembre 1990, à 10h30. Aussi, aucun document additionnel ne peut ê | |
| 1990-10-12 | Correspondence received from, sent to Mr. G.B. Purdy, Q.C. (Vancouver,BC) advising him that an oral hearing has been ordered to determine the application for leave. The matter has been set down for argument before the Court on December 3, 1990, at 10:30 a.m. No further material may | |
| 1990-10-11 | Correspondence received from, sent to G.B. Purdy, Q.C., C/O Dept. of Justice (Vancouver,BC) advising of deposit of Judgment (oral hearing ordered) | |
| 1990-10-11 | Correspondence received from, sent to Noël, Berthiaume (Hull,QC) advising of deposit of judgment (oral hearing ordered) | |
| 1990-10-11 |
Judgment of the Court on the application for leave to appeal, LaF So McL, An oral hearing is ordered to decide whether this application for leave to appeal should be granted. Oral hearing ordered, no order as to costs |
|
| 1990-10-11 | Hearing of the application for leave to appeal, 1990-10-11, LaF So McL | |
| 1990-10-11 | All materials on application for leave submitted to the Judges, 1990-10-11, LaF So McL | |
| 1990-10-02 | Correspondence received from, from Guy Du Pont refering new cases to the atten tion of the Court (to be distributed) | Constantine Kourtessis |
| 1990-09-19 | Correspondence received from, from Paul William Halprin, re: no new argument raised by the Applicant, Respondent's memorandum is complete as is. There will be no additional respondent's argument filed. (John Power, Dept. of Justice Ottawa) | Minister of National Revenue |
| 1990-09-17 | General proceeding, 6 amended additional written submissions, with service | Constantine Kourtessis |
| 1990-09-10 | General proceeding, 6 copies of additional argument., with service | Constantine Kourtessis |
| 1990-08-24 | Correspondence received from, from Phillips & Vineberg referring to the judgment in Knox Contracting | Constantine Kourtessis |
| 1990-08-22 | General proceeding, Re: Memo from Justice McLachlin ******Applicant is to go ahead and file their additional argument and the respondent will have the right to file a response. This should be done without delay; Registrar is to discuss dates for filing these submissions with | |
| 1990-08-20 | Correspondence received from, Re: Applicant intends to file additional argument. | Constantine Kourtessis |
| 1989-11-24 | Service, (letter) acknowledging receipt of motion book | |
| 1989-11-20 | All materials on application for leave submitted to the Judges, LaF So McL (bench changed June 6/90 La Forest replacing Dickson) | |
| 1989-11-17 | Respondent's response on the application for leave to appeal, 5 copies,, with service | Minister of National Revenue |
| 1989-10-27 | $30.00 filing fee, rec. #15936 | Constantine Kourtessis |
| 1989-10-27 | Application for leave to appeal, 5 copies,, Completed on: 1989-10-27 | Constantine Kourtessis |
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 |
|---|---|---|
| Kourtessis, Constantine | Applicant | Active |
| Hellenic Import-Export Co. Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of National Revenue | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General for Ontario | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
Counsel
Party: Kourtessis, Constantine
Counsel
Guy Dupont
B. Angelopoulos
A. Bourque
B. Angelopoulos
A. Bourque
Goodman Phillips & Vineberg
1501 AV McGILL COLLEGE
26THFL
MONTRÉAL, Quebec
H3A 3N9
Telephone: (514) 841-6400
FAX: (514) 841-6499
1501 AV McGILL COLLEGE
26THFL
MONTRÉAL, Quebec
H3A 3N9
Telephone: (514) 841-6400
FAX: (514) 841-6499
Agent
Guy A. Mattar
Charron, Hollander, Mattar
201 - 338 Ch de Montréal
Vanier, Ontario
K1L 6B3
Telephone: (613) 742-6060
FAX: (613) 742-6068
201 - 338 Ch de Montréal
Vanier, Ontario
K1L 6B3
Telephone: (613) 742-6060
FAX: (613) 742-6068
Party: Hellenic Import-Export Co. Ltd.
Counsel
Guy Dupont
Goodman Phillips & Vineberg
1501 AV McGILL COLLEGE
26THFL
MONTRÉAL, Quebec
H3A 3N9
Telephone: (514) 841-6400
FAX: (514) 841-6499
1501 AV McGILL COLLEGE
26THFL
MONTRÉAL, Quebec
H3A 3N9
Telephone: (514) 841-6400
FAX: (514) 841-6499
Agent
Guy A. Mattar
Charron, Hollander, Mattar
201 - 338 Ch de Montréal
Vanier, Ontario
K1L 6B3
Telephone: (613) 742-6060
FAX: (613) 742-6068
201 - 338 Ch de Montréal
Vanier, Ontario
K1L 6B3
Telephone: (613) 742-6060
FAX: (613) 742-6068
Party: Minister of National Revenue
Counsel
G.B. Purdy, Q.C.
P. Loiselle
R. Frater
P. Loiselle
R. Frater
Attorney General of Canada
2800 - 1055 GEORGIA ST W
PO BOX 11118
VANCOUVER, British Columbia
V6E 3P9
Telephone: (604) 666-0096
2800 - 1055 GEORGIA ST W
PO BOX 11118
VANCOUVER, British Columbia
V6E 3P9
Telephone: (604) 666-0096
Agent
John R. Power, Q.C.
Attorney General of Canada, Department of Justice Canada
East Memorial Bldg, Service Centre
284 Wellington St 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
East Memorial Bldg, Service Centre
284 Wellington St 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
Party: Attorney General for Ontario
Counsel
Janet E. Minor
Tanya Lee
Tanya Lee
Attorney General for Ontario
720 BAY ST
7TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4417
FAX: (416) 326-4015
720 BAY ST
7TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4417
FAX: (416) 326-4015
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General of Quebec
Counsel
Yves Ouellette
Lafleur Brown
1 PL VILLE-MARIE
37e ÉTAGE
MONTRÉAL, Quebec
H3B 3P4
Telephone: (514) 878-9641
FAX: (514) 878-1450
1 PL VILLE-MARIE
37e ÉTAGE
MONTRÉAL, Quebec
H3B 3P4
Telephone: (514) 878-9641
FAX: (514) 878-1450
Agent
Sylvie Roussel
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Summary
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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.
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Lower court rulings
September 8, 1989
Court of Appeal for British Columbia (Vancouver)
CA009827
Court of Appeal for British Columbia (Vancouver)
CA009827
Appeal quashed
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.
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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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Date modified: 2025-02-27