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Case information

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22060

Newfoundland Telephone Company Limited v. Board of Commissioners of Public Utilities

(Newfoundland & Labrador) (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)
1993-07-12 Close file on Leave
1992-05-08 Payment out cheque issued, Cheque No. 2202-06873381 in the amount of $546.90 issued to Chalker, Green, Lowe.
1992-04-23 Approved order for payment out, direction #2184, with service
1992-04-07 Appeal closed
1992-03-31 Copy of formal judgment being prepared, Osler, Hoskin & Harcourt (Ottawa,ON)
1992-03-31 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1992-03-30 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Newfoundland (St-John)
1992-03-05 Notice of deposit of judgment sent to all parties, Osler, Hoskin & Harcourt (Ottawa,ON)
1992-03-05 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1992-03-05 Judgment on the appeal rendered, LaF L'HD So G Co McL Ia, The appeal is allowed, the order of the Court of Appeal is set aside and Order No. P.U. 20 (1989) of the Board of Commissioners of Public Utilities is declared void ab initio. The appellant should have the costs of the appeal in this Court and in the Court of Appeal.
Allowed, costs in this Court and in the Court of Appeal
1991-12-04 General proceeding, transcripts received and distributed to the justices (91 pages)
1991-11-13 General proceeding, (by fax) REVISED PART IV OF APPELLANT'S FACTUM (ORDER REQUESTED) AS REQUESTED BY THE COURT Newfoundland Telephone Company Limited
1991-11-07 Hearing of the appeal, 1991-11-07, LaF L'HD So G Co McL Ia
Decision reserved
1991-10-29 Book of authorities, 10 copies of PUBLIC UTILITIES ACT, R.S.N. 1970 Newfoundland Telephone Company Limited
1991-10-29 Book of authorities, JOINT 10 copies Newfoundland Telephone Company Limited
1991-10-02 Appeal hearing scheduled, 1991-11-07
Decision reserved
1991-09-13 Proof of service, of respondent's factum
1991-09-10 Respondent's factum, 21 copies Board of Commissioners of Public Utilities
1991-09-03 Correspondence (sent by the Court) to, from Pat Wilson; re: inscription and requesting a hearing some time during the week of Oct. 28 or the week of Nov. 4
1991-09-03 Appeal perfected for hearing, Session beginning on 1991-10-01
1991-08-19 Service, of appellant's factum
1991-08-13 Appellant's factum, 22 copies Newfoundland Telephone Company Limited
1991-07-30 Certified casebook Newfoundland Telephone Company Limited
1991-07-30 Case on appeal, 20 copies Newfoundland Telephone Company Limited
1991-02-20 Order granting leave to appeal
1991-02-18 Notice of deposit of security, With service
1991-02-18 Notice of appeal, With service Newfoundland Telephone Company Limited
1991-02-04 Notice of appeal Newfoundland Telephone Company Limited
1991-02-04 Notice of deposit of security
1991-02-04 $500 security deposit paid, direction #2184 Newfoundland Telephone Company Limited
1991-01-25 Notice of deposit of judgment issued to all parties, Kendell & Crosbie (St. Johns,NF)
1991-01-25 Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt (Ottawa,ON)
1991-01-25 Judgment of the Court on the application for leave to appeal, CJ LaF L'HD, The application for leave to appeal is granted.
Granted, no order as to costs
1991-01-25 Hearing of the application for leave to appeal, 1991-01-25, CJ LaF L'HD
1991-01-25 All materials on application for leave submitted to the Judges, 1991-01-25, CJ LaF L'HD
1990-11-19 All materials on application for leave submitted to the Judges, CJ LaF L'HD
1990-09-27 Correspondence received from, from Donna L. Strong, re: will not be filing a respondent's memorandum of argument Board of Commissioners of Public Utilities
1990-09-10 $30.00 filing fee, receipt #18088 Newfoundland Telephone Company Limited
1990-09-10 Book of authorities, 5 copies + 5 copies of an Act to amend and consolidate the law relating to public utilities, with service Newfoundland Telephone Company Limited
1990-09-10 Application for leave to appeal, 5 copies, with service, Completed on: 1990-09-10 Newfoundland Telephone 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
Newfoundland Telephone Company Limited Applicant Active

v.

Main parties - Respondents
Name Role Status
Board of Commissioners of Public Utilities Respondent Active

Counsel

Party: Newfoundland Telephone Company Limited

Counsel
Name
James R. Chalker, Q.C.
Contact information
Chalker, Green & Rowe
PO BOX 5939 STN C
ST JOHN'S, Newfoundland & Labrador
A1C 5X4
Telephone: (709) 722-8735
Agent
Name
Michael L. Phelan
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867

Party: Board of Commissioners of Public Utilities

Counsel
Name
Chesley F. Crosbie
Contact information
Kendell & Crosbie
THE MURRAY PREMISES
BOX 302
ST JOHN'S, Newfoundland & Labrador
A1C 5J2
Telephone: (709) 579-0900
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

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

December 19, 1988
Provincial Administrative Tribunals of Newfoundland

Not available

Board did not have jurisdiction to consider issue of apprehension of bias

May 11, 1990
Supreme Court of Newfoundland and Labrador - Court of Appeal

1988 No. 196....

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