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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.

List of proceedings
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

Main parties - Appellants
Name Role Status
Shell Canada Products Limited Applicant Active

v.

Main parties - Respondents
Name Role Status
City of Vancouver Respondent Active

Other parties

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
Name
David W. Donohoe
Contact information
Clark, Wilson
800 - 885 GEORGIA ST W
VANCOUVER, British Columbia
V6C 3H1
Telephone: (604) 687-5700
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling, Strathy & Henderson
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
Name
Terrance R. Bland
Contact information
City of Vancouver
453 - 12TH AVE W
VANCOUVER, British Columbia
V5Y 1V4
Telephone: (604) 873-7512
FAX: (604) 873-7445
Agent
Name
Nicholas Fyfe, Q.C.
Contact information
Smart & Biggar
55 Metcalfe Street
Suite 900
Ottawa, Ontario
K1P 6L5
Telephone: (613) 232-2486
FAX: (613) 232-8440

Party: Attorney General for Ontario

Counsel
Name
M. David Lepofsky
Contact information
Attorney General for Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4458
FAX: (416) 326-4656
Email: lepofsky@eol.ca
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 Quebec

Counsel
Name
Françoise Saint-Martin
Contact information
Procureur général du Québec
1200 RTE DE L'ÉGLISE
2e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 646-1696
Agent
Name
Sylvie Roussel
Contact information
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Attorney General of Canada

Counsel
Name
Yvonne E. Milosevic
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-1122
FAX: (613) 996-9916

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

May 24, 1990
Supreme Court of British Columbia

A892749

Respondent's resolutions quashed as being beyond it's jurisdiction

July 22, 1991
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

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.

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Webcasts

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Date modified: 2025-05-13