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21838

Norsk Pacific Steamship Company Limited, et al. v. Canadian National Railway Company

(Federal) (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)
1994-07-15 Appeal closed
1992-12-08 Certificate of taxation issued to, Burke-Robertson (Bob Houston)
1992-12-08 Fee on taxation $30.00, #26293 Canadian National Railway Company
1992-10-26 Decision on the bill of costs, at $6,507.89
1992-10-19 Notice of appointment to tax the bill of costs, With service
1992-08-14 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1992-08-14 Copy of formal judgment being prepared, Federal Court of Appeal (Ottawa,ON)
1992-07-23 Decision on the motion for a re-hearing of the appeal, The application for a re-hearing is dismissed with costs
1992-07-23 All material on motion for a re-hearing of the appeal submitted to Justices
1992-07-02 General proceeding, Memo from Michel Larmour re: Applicant's Reply to the Respondent's Response sent up to Justices LaF L'HD So Co McL St I.
1992-06-30 Reply to the response to the motion for a re-hearing of the appeal, 10 copies, with service Norsk Pacific Steamship Company Limited
1992-06-19 General proceeding, to note Respondent's memorandum in response to the application for a rehearing of the appeal distributed to the Justices.
1992-06-16 Response to the motion for a re-hearing of the appeal, 10 copies, with service Canadian National Railway Company
1992-06-10 Response to motion to extend time, to file the respondent's response to the application for rehearing to June 17/92 Norsk Pacific Steamship Company Limited
1992-06-10 Affidavit, to file a response to the application for a reharing to June 17/92; Christopher J. Giaschi, with service Canadian National Railway Company
1992-06-10 Motion to extend time, to file a response to the application for rehearing to June 17/92, with service Canadian National Railway Company
1992-06-10 Decision on motion to extend time, to serve and file the respondent's response on the application for a re-hearing to June\17\1992, Co
Granted, no order as to costs
1992-06-10 Hearing of motion to extend time, 1992-06-10, to serve and file the respondent's response on the application for a re-hearing to June\17\1992, Co
1992-06-10 Submission of motion to extend time, 1992-06-10, to serve and file the respondent's response on the application for a re-hearing to June\17\1992, Co
1992-06-01 General proceeding, to note Appellants' motion requesting a rehearing of the appeal distributed to the Justices. Also attached are the documents filed by the parties on the Appeal.
1992-05-28 General proceeding, to note 10 copies of Book of Authorities of the Applicants for Re-Hearing Norsk Pacific Steamship Company Limited
1992-05-28 Motion for a re-hearing of the appeal, 11 copies, with service Norsk Pacific Steamship Company Limited
1992-05-13 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1992-05-12 Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. (Ottawa, Ontario)
1992-04-30 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1992-04-30 Judgment on the appeal rendered, LaF L'HD So Co McL St Ia, The appeal is dismissed with costs, La Forest, Sopinka and Iacobucci JJ. dissenting.
Dismissed, with costs
1991-05-28 General proceeding, transcripts received and distributed to the justices (104 pages)
1991-05-02 Hearing of the appeal, 1991-05-02, LaF L'HD So Co McL St Ia
Decision reserved
1991-05-02 General proceeding, 10 copies of Response to the Criticisms... by Bruce Feldthusen (distributed to the Justices) Canadian National Railway Company
1991-05-01 Order on miscellaneous motion, for pertting the filling of the affidavit of Douglas G. Schmitt., with service
1991-05-01 Order on miscellaneous motion, to file a reply factum., with service
1991-04-30 Affidavit, 10 copies; Douglas G. Schmitt Canadian National Railway Company
1991-04-29 Decision on miscellaneous motion, for an order permitting the filling of the affidavit of Douglas G. Schmitt., Ia
Granted, no order as to costs
1991-04-29 Hearing of miscellaneous motion, 1991-04-29, for an order permitting the filling of the affidavit of Douglas G. Schmitt., Ia
1991-04-29 Submission of miscellaneous motion, 1991-04-29, for an order permitting the filling of the affidavit of Douglas G. Schmitt., Ia
1991-04-29 Affidavit, of Douglas G. Schmitt, with service Norsk Pacific Steamship Company Limited
1991-04-29 Notice of miscellaneous motion, for an permitting the filling of the affidavit of Douglas G. Schmitt., with service Canadian National Railway Company
1991-04-29 Decision on miscellaneous motion, for an order to file a reply factum,, Ia
Granted, no order as to costs
1991-04-29 Hearing of miscellaneous motion, 1991-04-29, for an order to file a reply factum,, Ia
1991-04-29 Submission of miscellaneous motion, 1991-04-29, for an order to file a reply factum,, Ia
1991-04-29 Book of authorities, 9 copies Norsk Pacific Steamship Company Limited
1991-04-29 General proceeding, 20 copies of reply Norsk Pacific Steamship Company Limited
1991-04-26 Appeal hearing scheduled, 1991-05-02
Decision reserved
1991-04-26 Affidavit, for an Order to file an Appellant's reply factum; Peter D. Lowry Norsk Pacific Steamship Company Limited
1991-04-26 Notice of miscellaneous motion, for an Order to file an Appellant's Reply Factum Norsk Pacific Steamship Company Limited
1991-04-17 Notice of hearing, With service Norsk Pacific Steamship Company Limited
1991-04-11 Respondent's factum, 21 copies Canadian National Railway Company
1991-03-22 Appeal perfected for hearing, Session beginning on 1991-04-29
1991-03-11 Appellant's factum, 21 copies Norsk Pacific Steamship Company Limited
1991-02-19 Certified casebook, 1 copy of vols. 1 and 2 Norsk Pacific Steamship Company Limited
1991-02-19 Case on appeal, 20 copies of vols. 1 and 2 Norsk Pacific Steamship Company Limited
1990-11-22 Order granting leave to appeal, With service
1990-11-19 Notice of appeal Norsk Pacific Steamship Company Limited
1990-11-15 Close file on Leave
1990-11-15 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1990-11-15 Judgment of the Court on the application for leave to appeal, W So McL, The application for leave to appeal is granted, costs in the cause.
Granted, with costs in the cause
1990-11-15 Hearing of the application for leave to appeal, 1990-11-15, W So McL
1990-11-15 All materials on application for leave submitted to the Judges, 1990-11-15, W So McL
1990-05-07 All materials on application for leave submitted to the Judges, W So McL
1990-03-30 General proceeding, 5 copies, reply of the Applicants' Norsk Pacific Steamship Company Limited
1990-03-21 Respondent's response on the application for leave to appeal, 5 copies Canadian National Railway Company
1990-02-28 Application for leave to appeal, 5 copies, Completed on: 1990-02-28 Norsk Pacific Steamship Company 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
Norsk Pacific Steamship Company Limited Applicant Active
Norsk Pacific Marine Services Ltd. Applicant Active
The Tug 'Jervis Crown' Applicant Active
MacDonnel, Francis Applicant Active

v.

Main parties - Respondents
Name Role Status
Canadian National Railway Company Respondent Active

Counsel

Party: Norsk Pacific Steamship Company Limited

Counsel
P.D. Lowry
M.A. Clemens
Campney & Murphy
2100 - 1111 GEORGIA ST W
PO BOX 48800 STN BENTALL CENTRE
VANCOUVER, British Columbia
V7X 1K9
Telephone: (604) 688-8022
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Norsk Pacific Marine Services Ltd.

Counsel
P.D. Lowry
Campney & Murphy
2100 - 1111 GEORGIA ST W
PO BOX 48800 STN BENTALL CENTRE
VANCOUVER, British Columbia
V7X 1K9
Telephone: (604) 688-8022
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: The Tug 'Jervis Crown'

Counsel
P.D. Lowry
Campney & Murphy
2100 - 1111 GEORGIA ST W
PO BOX 48800 STN BENTALL CENTRE
VANCOUVER, British Columbia
V7X 1K9
Telephone: (604) 688-8022
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: MacDonnel, Francis

Counsel
P.D. Lowry
Campney & Murphy
2100 - 1111 GEORGIA ST W
PO BOX 48800 STN BENTALL CENTRE
VANCOUVER, British Columbia
V7X 1K9
Telephone: (604) 688-8022
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Canadian National Railway Company

Counsel
David F. McEwen
McEwen, Schmitt & Company
1615 - 1055 Georgia St West
Vancouver, British Columbia
V6E 3R5
Telephone: (604) 683-1223
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & 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

April 14, 1989
Federal Court of Canada, Trial Division

T-552-88

Action in damages allowed

January 5, 1990
Federal Court of Appeal

A-226-89

Appeal dismissed

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.

Downloadable PDFs

Not available

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.

Downloadable PDFs

Not available

Webcasts

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Date modified: 2025-05-13