Case information
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22789
Shell Canada Products Limited v. City of Vancouver
(British Columbia) (Civil) (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) |
|---|---|---|
| 1997-09-09 | Appeal closed | |
| 1994-11-30 | Approved order for payment out, sent to Rachel Bowden in Finance Dec 1/94 | |
| 1994-07-22 | Correspondence (sent by the Court) to, sent to C/A of BC (Vancouver, BC) enclosing their record | |
| 1994-03-24 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1994-03-24 | Copy of formal judgment being prepared, A.G. of Canada (Ottawa, ON) | |
| 1994-03-24 | Copy of formal judgment being prepared, Smart & Biggar (Ottawa, ON) | |
| 1994-03-24 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-03-24 | Copy of formal judgment being prepared, Noël, Berthiaume, Aubry & Associes (Hull, QC) | |
| 1994-03-04 | Correspondence (sent by the Court) to, (by fax) from Clark, Wilson; re: errata in the reasons for judgment (original received March 7, 1994) | |
| 1994-02-25 | Notice of deposit of judgment sent to all parties, Noël, Berthiaume, Aubry & Associés (Hull, QC) | |
| 1994-02-25 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-02-25 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON) | |
| 1994-02-25 | Notice of deposit of judgment sent to all parties, Smart & Biggar (Ottawa, ON) | |
| 1994-02-25 | Notice of deposit of judgment sent to all parties, A.G. of Canada (Ottawa, ON) | |
| 1994-02-24 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed, the judgment of the Court of Appeal is set aside and the judgment at trial is restored, with costs to the appellant both here and in the Court of Appeal, Lamer C.J. and L'Heureux-Dubé, Gonthier and McLachlin JJ. dissenting. Allowed, costs in this Court and in the Court of Appeal |
|
| 1993-07-12 | Close file on Leave | |
| 1993-05-11 | General proceeding, transcript received and distributed to the judges (120 pages) | |
| 1993-04-29 | Order on motion to extend time, to serve and file AG ontario factum to April 21, 1993., with service | |
| 1993-04-27 |
Hearing of the appeal, 1993-04-27, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1993-04-26 |
Decision on motion to extend time, to serve and file their factum to April 21, 1993., Reg Granted, no order as to costs |
|
| 1993-04-26 | Hearing of motion to extend time, 1993-04-26, to serve and file their factum to April 21, 1993., Reg | |
| 1993-04-26 | Submission of motion to extend time, 1993-04-26, to serve and file their factum to April 21, 1993., Reg | |
| 1993-04-23 | Correspondence (sent by the Court) to, of Gowling, Strathy & Henderson to advise that David Donohoe and John G. Mendes will take 1 hour for pleading | |
| 1993-04-23 | Response to motion to extend time, to serve and file the A.G. Ontario's factum to Apr. 21/93 | City of Vancouver |
| 1993-04-23 | Response to motion to extend time, to serve and file the A.G. Ontario's factum to Apr. 21/93 | Shell Canada Products Limited |
| 1993-04-23 | Affidavit, to serve and file the factum to Apr. 21/93; M. David Lepofsky, with service | Attorney General for Ontario |
| 1993-04-23 | Motion to extend time, to serve and file the factum to Apr. 21/93, with service | Attorney General for Ontario |
| 1993-04-23 |
Appeal hearing scheduled, 1993-04-27 Decision reserved |
|
| 1993-04-23 | Appeal court record, 1 box (joint with Trial record) | |
| 1993-04-23 | Trial court record, 1 box (joint with C/A record) | |
| 1993-04-22 | Correspondence (sent by the Court) to, of Yvonne A. Milosevic to advise that she will appear for the appeal on April 27, 1993 and will require 15 minutes | |
| 1993-04-21 | Intervener's factum, 24 copies (extension of time requested), with service | Attorney General for Ontario |
| 1993-04-21 | Book of authorities, 10 copies (joint) | Shell Canada Products Limited |
| 1993-04-07 | Order on motion to extend time, to serve and file the AG of Canada 's factum to Feb/26/1993, with service | |
| 1993-04-07 |
Decision on motion to extend time, to serve and file the AG of Canada factum to Feb/26/1993., Reg Granted, no order as to costs |
|
| 1993-04-07 | Hearing of motion to extend time, 1993-04-07, to serve and file the AG of Canada factum to Feb/26/1993., Reg | |
| 1993-04-07 | Submission of motion to extend time, 1993-04-07, to serve and file the AG of Canada factum to Feb/26/1993., Reg | |
| 1993-04-06 | Notice of withdrawal, With service | Attorney General of Saskatchewan |
| 1993-04-06 | Proof of service, of Notice of Motion, Affidavit and Order | |
| 1993-04-05 | Response to motion to extend time, to serve and file the A.G. Canada's factum to Feb. 26/93 | City of Vancouver |
| 1993-04-05 | Response to motion to extend time, to serve and file the A.G. Canada's factum to Feb. 26/93 | Shell Canada Products Limited |
| 1993-04-05 | Affidavit, to serve and file the factum to Feb. 26/93; 2 copies; Catherine A. Lystiuk | Attorney General of Canada |
| 1993-04-05 | Motion to extend time, to serve and file the factum to feb. 26/93; 2 copies | Attorney General of Canada |
| 1993-04-05 | Proof of service, of Notice of Withdrawal of Intervention, with service | |
| 1993-04-02 | Notice of withdrawal | Attorney General of New Brunswick |
| 1993-02-26 | Intervener's factum, 24 copies (extension of time requested), with service | Attorney General of Canada |
| 1993-02-22 | Proof of service, of reply | |
| 1993-02-22 | Reply factum on appeal, 23 copies | Shell Canada Products Limited |
| 1993-02-19 | Order on miscellaneous motion, to serve and file 3 copies of the appellant's reply on the respondent and the intervenors within 14 days., with service | |
| 1993-02-11 | Proof of service, of factum | |
| 1993-02-10 | Intervener's factum, 24 copies | Attorney General of Quebec |
| 1993-02-08 |
Decision on miscellaneous motion, to serve and file 3 copies of the reply factum within 14 days on the respondent and the intervenors., Reg Granted, no order as to costs |
|
| 1993-02-08 | Hearing of miscellaneous motion, 1993-02-08, to serve and file 3 copies of the reply factum within 14 days on the respondent and the intervenors., Reg | |
| 1993-02-08 | Submission of miscellaneous motion, 1993-02-08, to serve and file 3 copies of the reply factum within 14 days on the respondent and the intervenors., Reg | |
| 1993-02-04 | Response to miscellaneous motion, for an order that the appellant may serve and file a reply factum | City of Vancouver |
| 1993-02-04 | Affidavit, for an order that the appellant may serve and file a reply factum; David W. Donohoe, with service | Shell Canada Products Limited |
| 1993-02-04 | Notice of miscellaneous motion, for an order that the appellant may serve and file a reply factum, with service | Shell Canada Products Limited |
| 1993-01-28 | Order on motion to extend time, to serve and file the respondent's factum to Jan\26\1993, with service | |
| 1993-01-27 |
Decision on motion to extend time, to serve and file the respondent's factum to Jan\26\1993., L'HD Granted, no order as to costs |
|
| 1993-01-27 | Hearing of motion to extend time, 1993-01-27, to serve and file the respondent's factum to Jan\26\1993., L'HD | |
| 1993-01-27 | Submission of motion to extend time, 1993-01-27, to serve and file the respondent's factum to Jan\26\1993., L'HD | |
| 1993-01-26 | Response to motion to extend time, to serve and file the respondent's factum to Jan. 26/93 | Shell Canada Products Limited |
| 1993-01-26 | Affidavit, to serve and file the factum to Jan. 26/93; 3 copies; Terrance R. Bland | City of Vancouver |
| 1993-01-26 | Motion to extend time, to serve and file the factum to Jan. 26/93; 3 copies | City of Vancouver |
| 1993-01-26 | Respondent's factum, 24 copies (extension of time requested) | City of Vancouver |
| 1993-01-20 | Notice of hearing, With service | Shell Canada Products Limited |
| 1993-01-14 | Correspondence (sent by the Court) to, from Gowling; re: be best if case be schedule for the first week of May | |
| 1993-01-13 | Appeal perfected for hearing, Session beginning on 1993-04-26 | |
| 1992-11-20 | Order on motion to extend time, to serve and file the case on appeal, with service | |
| 1992-11-18 | Appellant's factum, 24 copies, with service | Shell Canada Products Limited |
| 1992-11-17 |
Decision on motion to extend time, to serve and file the case on appeal to Nov/16/92., Reg Granted, no order as to costs |
|
| 1992-11-17 | Hearing of motion to extend time, 1992-11-17, to serve and file the case on appeal to Nov/16/92., Reg | |
| 1992-11-17 | Submission of motion to extend time, 1992-11-17, to serve and file the case on appeal to Nov/16/92., Reg | |
| 1992-11-16 | Affidavit, to serve and file the Case on Appeal; John G. Mendes, with service | Shell Canada Products Limited |
| 1992-11-16 | Motion to extend time, to serve and file the Case on Appeal, with service | Shell Canada Products Limited |
| 1992-11-16 | Supplemental document, exhibit book; 10 copies, with service | Shell Canada Products Limited |
| 1992-11-16 | Certified casebook, 1 copy, with service | Shell Canada Products Limited |
| 1992-11-16 | Case on appeal, 23 copies, with service | Shell Canada Products Limited |
| 1992-11-06 | Response to motion to extend time, to serve and file the Case on Appeal (letterform) | City of Vancouver |
| 1992-10-19 | Notice of intervention respecting a constitutional question, With service | Attorney General of Canada |
| 1992-10-19 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 1992-10-19 | Notice of intervention respecting a constitutional question, With service | Attorney General of Saskatchewan |
| 1992-10-19 | Notice of intervention respecting a constitutional question, With service | Attorney General of New Brunswick |
| 1992-10-13 | Notice of intervention respecting a constitutional question, With service | Attorney General for Ontario |
| 1992-10-13 | Order granting leave to appeal, With service | |
| 1992-09-24 | Notice of constitutional question(s), With service | Shell Canada Products Limited |
| 1992-09-24 | Order on motion to state a constitutional question, With service | |
| 1992-09-21 | Order on motion to dispense with printing, With service | |
| 1992-09-16 |
Decision on the motion to state a constitutional question, " For Constitutional Questions see file or Reg's red book #8 @p.392. Interventions on behalf of all Attorneys General are to be filed at the latest Oct/19/1992.", CJ Granted, no order as to costs |
|
| 1992-09-16 | Hearing of the motion to state a constitutional question, 1992-09-16, " For Constitutional Questions see file or Reg's red book #8 @p.392. Interventions on behalf of all Attorneys General are to be filed at the latest Oct/19/1992.", CJ | |
| 1992-09-16 | Submission of motion to state a constitutional question, 1992-09-16, " For Constitutional Questions see file or Reg's red book #8 @p.392. Interventions on behalf of all Attorneys General are to be filed at the latest Oct/19/1992.", CJ | |
| 1992-09-15 | Correspondence (sent by the Court) to, (original) from Terrance R. Bland; re: has no objection to proposed constitutional questions | |
| 1992-09-11 | Correspondence (sent by the Court) to, (by fax) from Terrance R. Bland; re: has no objection to proposed constitutional questions being amended | |
| 1992-09-04 |
Decision on motion to dispense with printing, the affidavit of Roy A. Derrick dated Oct\06\1989, not to form part of the case on appeal and the included in a seperate exhibits binder and filed in 10 copies., Reg Granted, no order as to costs |
|
| 1992-09-04 | Hearing of motion to dispense with printing, 1992-09-04, the affidavit of Roy A. Derrick dated Oct\06\1989, not to form part of the case on appeal and the included in a seperate exhibits binder and filed in 10 copies., Reg | |
| 1992-09-04 | Submission of motion to dispense with printing, 1992-09-04, the affidavit of Roy A. Derrick dated Oct\06\1989, not to form part of the case on appeal and the included in a seperate exhibits binder and filed in 10 copies., Reg | |
| 1992-09-03 | Correspondence (sent by the Court) to, from Clark, Wilson; re: enclosed amended constitutional questions | |
| 1992-09-01 | Response to motion to dispense with printing, (letterform) | City of Vancouver |
| 1992-09-01 | Response to the motion to state a constitutional question, (letterform) | City of Vancouver |
| 1992-08-14 | Motion to state a constitutional question, With service | Shell Canada Products Limited |
| 1992-08-14 | Affidavit, to wit that the affidavit of Roy A. Derrick dated October 6, 1989 not form part of the Case on Appeal, be included in a separate exhibit binder and file 10 copies (of John G. Mendes), with service | Shell Canada Products Limited |
| 1992-08-14 | Motion to dispense with printing, to wit that the affidavit of Roy A. Derrick dated October 6, 1989 not form part of the Case on Appea l, be included in a separate exhibit binder and file 10 copies, with service | Shell Canada Products Limited |
| 1992-06-18 | $500 security deposit paid, direction #2231 | Shell Canada Products Limited |
| 1992-06-18 | Notice of appeal, With service | Shell Canada Products Limited |
| 1992-06-04 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1992-06-04 | Notice of deposit of judgment issued to all parties, Smart & Biggar (Ottawa,ON) | |
| 1992-06-04 |
Judgment of the Court on the application for leave to appeal, LaF So G, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1992-06-04 | Hearing of the application for leave to appeal, 1992-06-04, LaF So G | |
| 1992-06-04 | All materials on application for leave submitted to the Judges, 1992-06-04, LaF So G | |
| 1992-03-09 | General proceeding, (To Note) Court of Appeal Order filed on behalf of Shell Canada Products Limited sent up to Justices LaF So St | |
| 1992-03-09 | All materials on application for leave submitted to the Judges, LaF So G | |
| 1992-02-06 | Application for leave to appeal, as C/A order filed, Completed on: 1992-02-06 | |
| 1992-02-06 | General proceeding, to note C/A order | Shell Canada Products Limited |
| 1992-01-28 | Applicant's reply to respondent's argument, 5 copies, with service | Shell Canada Products Limited |
| 1992-01-23 | Service, copy of respondent's response | |
| 1992-01-22 | Respondent's response on the application for leave to appeal, 5 copies | City of Vancouver |
| 1992-01-15 | Order on motion to extend time, to serve and file the respondent's response, with service | |
| 1992-01-13 | Response to motion to extend time, to file the response to Jan. 24/92 (endorsed on Order) | Shell Canada Products Limited |
| 1992-01-13 |
Decision on motion to extend time, to serve and file the respondent's response to the application for leave to appeal to Jan/24/1992,, LaF Granted, no order as to costs |
|
| 1992-01-13 | Hearing of motion to extend time, 1992-01-13, to serve and file the respondent's response to the application for leave to appeal to Jan/24/1992,, LaF | |
| 1992-01-13 | Submission of motion to extend time, 1992-01-13, to serve and file the respondent's response to the application for leave to appeal to Jan/24/1992,, LaF | |
| 1992-01-10 | Affidavit, to serve and file the response to Jan. 24/92; 2 copies; Terrance R. Bland | City of Vancouver |
| 1992-01-10 | Motion to extend time, to serve and file the response to Jan. 24/92; 2 copies | City of Vancouver |
| 1992-01-02 | Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa,ON) acknowledging receipt of application for leave. Regret to advise that material does not comply with the Court's requirements as formal order of court of appeal missing. Application for leave will not br re | |
| 1991-12-23 | $30.00 filing fee, receipt #23733 | Shell Canada Products Limited |
| 1991-12-23 | Application for leave to appeal, 5 copies (missing order of C.A.), with service, Incomplete | Shell Canada Products 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
| Name | Role | Status |
|---|---|---|
| Shell Canada Products Limited | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| City of Vancouver | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General for Ontario | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
Counsel
Party: Shell Canada Products Limited
Counsel
800 - 885 GEORGIA ST W
VANCOUVER, British Columbia
V6C 3H1
Telephone: (604) 687-5700
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: City of Vancouver
Counsel
453 - 12TH AVE W
VANCOUVER, British Columbia
V5Y 1V4
Telephone: (604) 873-7512
FAX: (604) 873-7445
Agent
55 Metcalfe Street
Suite 900
Ottawa, Ontario
K1P 6L5
Telephone: (613) 232-2486
FAX: (613) 232-8440
Party: Attorney General for Ontario
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4458
FAX: (416) 326-4656
Email: lepofsky@eol.ca
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General of Quebec
Counsel
1200 RTE DE L'ÉGLISE
2e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 646-1696
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General of Canada
Counsel
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-1122
FAX: (613) 996-9916
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
Supreme Court of British Columbia
A892749
Respondent's resolutions quashed as being beyond it's jurisdiction
Court of Appeal for British Columbia (Vancouver)
CA012611
Appeal allowed
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
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Related links
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
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Related links
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.
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