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22635

Attorney General of Canada v. Attorney General of Alberta

(Alberta) (Civil) (Reference)

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)
1993-07-22 Correspondence (sent by the Court) to, sent to Court of Appeal of Alberta, enclosing their record
1992-07-24 Appeal closed
1992-07-02 Formal judgment sent to the registrar of the court of appeal and all parties, Alberta (Calgary)
1992-07-02 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1992-07-02 Copy of formal judgment being prepared, Bordern & Elliot (Toronto,ON)
1992-07-02 Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON)
1992-07-02 Copy of formal judgment being prepared, Soloway, Wright, Houston & Associates (Ottawa,ON)
1992-07-02 Copy of formal judgment being prepared, Stikeman and Elliott (Ottawa,ON)
1992-06-25 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL St Ia, The appeal of the Attorney General of Canada is allowed and the appeal of the Attorney General for Alberta is dismissed. *Stevenson J. took no part in the judgment.
Allowed, no order as to costs
1992-06-25 Notice of deposit of judgment sent to all parties, Stikeman and Elliott (Ottawa,ON)
1992-06-25 Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston & Associates (Ottawa,ON)
1992-06-25 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa,ON)
1992-06-25 Notice of deposit of judgment sent to all parties, Borden & Elliot (Toronto,ON)
1992-06-25 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1992-03-10 General proceeding, transcripts received and distributed to the justices (vol. I & II, 223 pages) (joint with 22664)
1992-02-24 Hearing of the appeal, 1992-02-24, CJ LaF L'HD So G Co McL St Ia
Decision reserved
1992-02-24 Correspondence (sent by the Court) to, dated Feb 19, 1992 from Janet E. Minor advising that they have confirmed with counsel for Canada, Alberta, B.C., and Saskatchewan, the hearing schedule.
1992-02-21 Correspondence (sent by the Court) to, re three typographical errors in the citations of the authorities in his factum
1992-02-21 General proceeding, BOOK OF AUTHORITIES 10 copies (joint with 22664), with service Attorney General of British Columbia
1992-02-19 Correspondence (sent by the Court) to, (by fax) from Janet E. Minor; re: proposed schedule
1992-02-17 Correspondence (sent by the Court) to, (by fax) from Janet E. Minor; re: requests 30 min. for argument (joint with 22664)
1992-02-17 Book of authorities, 10 copies (joint with 22664) Canadian Federation of Independent Business
1992-02-14 Book of authorities, 10 copies (joint with 22664), with service Attorney General of Saskatchewan
1992-02-14 Reply factum on appeal, 31 copies (joint with 22664), with service Attorney General of Canada
1992-02-14 Book of authorities, 10 copies of vols. 1 and 2 (joint with 22664), with service Attorney General for Ontario
1992-02-13 Correspondence (sent by the Court) to, from James M. Mabbutt, Q.C.; re: order of presentation for the hearing of Feb. 24-25
1992-02-12 Service, 1 copy of factum, with service
1992-02-12 Intervener's factum, served copy (joint with 22664), with service Attorney General of Saskatchewan
1992-02-11 Book of authorities, 10 copies, vols. 1 to 3 (joint with 22664) Attorney General of Canada
1992-02-11 Intervener's factum, 20 copies (joint with 22664) Attorney General of Saskatchewan
1992-02-11 Intervener's factum, 24 copies, with service Attorney General of British Columbia
1992-02-07 Intervener's factum, 23 copies (joint with 22664) Attorney General for Ontario
1992-02-07 Intervener's factum, 24 copies Canadian Federation of Independent Business
1992-01-30 Correspondence (sent by the Court) to, sent to Gowling, Strathy & Henderson; 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 Stikeman and Elliott; re: list of appeals inscribed for hearing by this Court during the Jan uary 1992 session and the Court's agenda for the session.
1992-01-24 Appellant's factum, 24 copies (joint with 22664), with service Attorney General of Canada
1992-01-23 Appeal hearing scheduled, 1992-02-24
Decision reserved
1992-01-23 Book of authorities, 10 copies of STATUTES AND REGULATIONS (joint with 22664) Attorney General of Alberta
1992-01-23 Respondent's factum, 28 copies (joint with 22664), with service Attorney General of Alberta
1992-01-21 General proceeding, to note the missing page 2766A in Case on Appeal vol. X (joint with 22664) Attorney General of Canada
1992-01-21 Notice of hearing, With service Attorney General of Canada
1992-01-07 Case on appeal, SUPPLEMENTARY (20 copies)(joint with 22664) ***see order of Iacobucci of Dec. 23, 1991 re <<< The GST: A National Tragedy>>>***, with service Canadian Federation of Independent Business
1991-12-30 Order on motion to extend time, to serve and file the intervevor's intention to intervene, with service
1991-12-30 Order on motion for leave to intervene, With service
1991-12-30 Decision on motion to extend time, to serve and file a notice of intention of intervention to Dec\23\1991, Co
Granted, no order as to costs
1991-12-30 Hearing of motion to extend time, 1991-12-30, to serve and file a notice of intention of intervention to Dec\23\1991, Co
1991-12-30 Submission of motion to extend time, 1991-12-30, to serve and file a notice of intention of intervention to Dec\23\1991, Co
1991-12-23 Decision on the motion for leave to intervene, on question #3, factum to be filed on or before Feb\07\1992. Oral argument is limited to 20 mins. leave to file the November 1991 report entitled " THE GST: A NATIONAL TAX TRAGEDY" by way of suplemental material in the case on appeal, by Jan\07\1992, Ia
Granted, no order as to costs
1991-12-23 Hearing of motion for leave to intervene, 1991-12-23, on question #3, factum to be filed on or before Feb\07\1992. Oral argument is limited to 20 mins. leave to file the November 1991 report entitled " THE GST: A NATIONAL TAX TRAGEDY" by way of suplemental material in the case on appeal, by Jan\07\1992, Ia
1991-12-23 Submission of motion for leave to intervene, 1991-12-23, on question #3, factum to be filed on or before Feb\07\1992. Oral argument is limited to 20 mins. leave to file the November 1991 report entitled " THE GST: A NATIONAL TAX TRAGEDY" by way of suplemental material in the case on appeal, by Jan\07\1992, Ia
1991-12-23 Notice of intervention respecting a constitutional question Attorney General of Saskatchewan
1991-12-20 Response to motion to extend time, to serve and file the notice of intention of intervention of A.G. Saskatchewan Attorney General of Alberta
1991-12-20 Response to motion to extend time, to serve and file the notice of intention of intervention of A.G. Saskatchewan Attorney General of Canada
1991-12-20 Affidavit, to serve and file a Notice of Intention of intervention; Eduard J. Van Bemmel Attorney General of Saskatchewan
1991-12-20 Motion to extend time, to serve and file a Notice of Intention of Intervention Attorney General of Saskatchewan
1991-12-18 Response to the motion for leave to intervene, of Canadian Federation of Independent Business Attorney General of Canada
1991-12-16 Correspondence (sent by the Court) to, Correspondence from: Claude E. Alain - Sent to: Mr. T.B. Smith Re: Acknowledge letter of Dec 11, 1991, documents will be brought to the attention of the judges of this Court who will be hearing the motion for leave to intervene by the Canadian Federation
1991-12-16 Correspondence (sent by the Court) to, of F.J.C. Newbould requesting 30 minutes to present his argument. Mr. Smith who acts for A.G. Canada would not oppose to give 20 minutes but would have difficulty with 30 minutes (joint with 22664)
1991-12-16 Response to the motion for leave to intervene, by Canadian Federation of Independent Business (joint with 22664) Attorney General of Alberta
1991-12-13 Correspondence (sent by the Court) to, from T.B. Smith (by fax) addressed to Mr. F.J.C. Newbould, Q.C.
1991-12-12 Correspondence (sent by the Court) to, from T.B. Smith; re: does not consent nor oppose the intervention of Canadian Federation of Independent Business
1991-12-11 Notice of intervention respecting a constitutional question, (joint with 22664), with service Attorney General for Ontario
1991-12-11 Affidavit, (joint with 22664) John F. Bulloch Canadian Federation of Independent Business
1991-12-11 Motion for leave to intervene, 2 copies (joint with 22664) Canadian Federation of Independent Business
1991-12-11 Notice of intervention respecting a constitutional question, (jioint with 22664) Attorney General of British Columbia
1991-12-10 Appeal court record, joint with 22664
1991-12-10 Certified casebook, 1 copy of vols. 1 to 10 joint with 22664 Attorney General of Canada
1991-12-04 Case on appeal, 31 copies of vols. 1 to 10 (joint with 22664) Attorney General of Canada
1991-11-20 Notice of constitutional question(s), With service Attorney General of Canada
1991-11-20 Order on motion to state a constitutional question, With service
1991-11-19 Order on motion to directions, With service
1991-11-19 Order on motion to expedite the appeal, With service
1991-11-14 General proceeding, (TO NOTE) Court of Appeal judgment Attorney General of Canada
1991-11-14 Decision on motion for directions, CJ, re: "Consolidation with appeal 22664" and 1) notice of constitutional questions, schedule "A" and a copy the the Court of Appeal of Alberta judgement dated Sept\27\1991 is to be served and filed on all Attorneys General. 2) Attorney General of Canada is to serve and file the case on appeal by Dec\13\1991. 3) Attorneys' General of Canada and of Alberta to file their factum by Jan\24\1992. 4) interveners factum to be served & file by Feb\07\1992. 5) the reply factum of the Attorneys General of Canada and Alberta if any being limited to any new issues raised in the original factum be served and filed by Feb\14\92.
Granted, no order as to costs
1991-11-14 Hearing of motion for directions, 1991-11-14, CJ
1991-11-14 Submission of motion for directions, 1991-11-14, CJ
1991-11-14 Decision on the motion to state a constitutional question, " For Constitutional Questions see file or Reg's red book #8 @p.216. Notices of interventions by Dec\13\1991., CJ
Granted, no order as to costs
1991-11-14 Hearing of the motion to state a constitutional question, 1991-11-14, " For Constitutional Questions see file or Reg's red book #8 @p.216. Notices of interventions by Dec\13\1991., CJ
1991-11-14 Submission of motion to state a constitutional question, 1991-11-14, " For Constitutional Questions see file or Reg's red book #8 @p.216. Notices of interventions by Dec\13\1991., CJ
1991-11-14 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, " This appeal is to be heard on Feb\24\1992 and the morning of Feb\25\1992."
Granted, no order as to costs
1991-11-14 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1991-11-14, " This appeal is to be heard on Feb\24\1992 and the morning of Feb\25\1992."
1991-11-14 Hearing of motion to expedite the appeal, 1991-11-14, " This appeal is to be heard on Feb\24\1992 and the morning of Feb\25\1992."
1991-11-14 Submission of motion to expedite the appeal, 1991-11-14, " This appeal is to be heard on Feb\24\1992 and the morning of Feb\25\1992."
1991-11-07 Motion to expedite the appeal, namely March 3 and 4, 1992, with service Attorney General of Canada
1991-11-07 Motion to state a constitutional question, With service Attorney General of Canada
1991-11-07 Motion for directions, re: scheduling and filing dates, with service Attorney General of Canada
1991-11-04 Appeal perfected for hearing, Session beginning on 1992-01-27
1991-10-04 $30.00 filing fee, (deducted from Justice's account) Attorney General of Canada
1991-10-04 Notice of appeal Attorney General of Canada

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
Attorney General of Canada Applicant Active

v.

Main parties - Respondents
Name Role Status
Attorney General of Alberta Respondent Active

Other parties

Other parties
Name Role Status
Attorney General for Ontario Intervener Active
Attorney General of British Columbia Intervener Active
Canadian Federation of Independent Business Intervener Active
Attorney General of Saskatchewan Intervener Active

Counsel

Party: Attorney General of Canada

Counsel
Names
John C. Tait, Q.C.
J. Mabbutt
J. Shaw
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4997
Agent
Name
T.B. Smith, Q.C.
Contact information
Stikeman, Elliott
914 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 234-4555
FAX: (613) 230-8877

Party: Attorney General of Alberta

Counsel
Names
Peter J. McIntyre
J. MacPherson
G. Ross
Contact information
Burnet, Duckworth & Palmer
1400 - 350, 7TH AVE SW
CALGARY, Alberta
T2P 3N9
Telephone: (403) 260-0100
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

Party: Attorney General for Ontario

Counsel
Name
Janet E. Minor
Contact information
Attorney General for Ontario
720, Bay Street
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4137
FAX: (416) 326-4015
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 British Columbia

Counsel
Name
Hunter W. Gordon
Contact information
Attorney General of British Columbia
1001 Douglas Street
3rd Floor
Victoria, British Columbia
V8V 1X4
Telephone: (250) 356-8822
FAX: (250) 387-0700
Agent
Name
W.G. Burke-Robertson, Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Canadian Federation of Independent Business

Counsel
Name
Frank J.C. Newbould, Q.C.
Contact information
Borden & Elliot
SCOTIA PLAZA
40 KING ST W
TORONTO, Ontario
M5H 3Y4
Telephone: (416) 367-6000
FAX: (416) 367-6749

Party: Attorney General of Saskatchewan

Counsel
Name
Graeme G. Mitchell
Contact information
Attorney General for Saskatchewan
1874 Scarth St., 10th Floor
P.O. Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-8385
FAX: (306) 787-9111
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

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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.

None.

Lower court rulings

September 27, 1991
Court of Appeal of Alberta (Edmonton)

Not available

Opinion delivered in answer to questions referred to Court

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

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Webcasts

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Date modified: 2025-05-13