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22948

Mobil Oil Canada, Ltd., et al. v. Canada-Newfoundland Offshore Petroleum Board

(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)
1997-09-09 Appeal closed
1994-07-22 Correspondence (sent by the Court) to, sent to C/A of NF (St. John's, NF) enclosing their record (1 box)
1994-03-31 Formal judgment sent to the registrar of the court of appeal and all parties, Newfoundland
1994-03-31 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1994-03-31 Copy of formal judgment being prepared, Stikeman and Elliott (Ottawa, ON)
1994-02-25 Notice of deposit of judgment sent to all parties, Stikeman and Elliott (Ottawa, ON)
1994-02-25 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1994-02-24 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is dismissed, but the order of the Supreme Court of Newfoundland, Court of Appeal, is varied such that orders of certiorari and mandamus will not issue. The cross-appeal is allowed. It is declared that applications for significant-discovery declarations made pursuant to s. 71(1) of the Canada-Newfoundland Atlantic Accord Implementation Act, S.C. 1987, c. 3, require the drilling of a fresh offshore well. Each party will bear its own costs, both here and in the courts below.
Dismissed, no order as to costs
1993-12-20 Correspondence (sent by the Court) to, sent to D. Angus Taylor (Canada-NFLD Offshore Petroleum Board) enclosing copy of video tape of Mobil Oil appeal also invoice of $16.05.
1993-12-18 General proceeding, transcripts received and distributed to the judges (134 pages)
1993-12-03 Correspondence (sent by the Court) to, (by fax) from D. Angus Taylor; re: requesting a video copy of the proceedings
1993-11-30 General proceeding, to note 10 copies of "Bill C-92" given in Court at the hearing Mobil Oil Canada, Ltd.
1993-11-30 Hearing of the appeal, 1993-11-30, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1993-11-25 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1993-11-24 Book of authorities, JOINT 10 copies Mobil Oil Canada, Ltd.
1993-09-24 Appeal hearing scheduled, 1993-11-30
Decision reserved
1993-09-23 Notice of hearing, (1 copy), with service Mobil Oil Canada, Ltd.
1993-09-08 Appeal court record, 1 box (joint with Trial record)
1993-09-08 Trial court record, 1 box (joint with C/A record)
1993-08-09 Order on motion to expedite the appeal, to be heard on November 30, 1993
1993-08-09 Order on motion for additional time to present oral argument
1993-08-04 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, to be heard on November 30, 1993
Granted, no order as to costs
1993-08-04 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1993-08-04, to be heard on November 30, 1993
1993-08-04 Hearing of motion to expedite the appeal, 1993-08-04, to be heard on November 30, 1993
1993-08-04 Submission of motion to expedite the appeal, 1993-08-04, to be heard on November 30, 1993
1993-08-04 Decision on motion for additional time to present oral argument, for hearing on November 30/93 and that 1 full day be alloted for the hearing, CJ
Granted, no order as to costs
1993-08-04 Hearing of motion for additional time to present oral argument, 1993-08-04, for hearing on November 30/93 and that 1 full day be alloted for the hearing, CJ
1993-08-04 Submission of motion for additional time to present oral argument, 1993-08-04, for hearing on November 30/93 and that 1 full day be alloted for the hearing, CJ
1993-07-30 Response to the motion for additional time to present oral argument, to be allocated one full day for the hearing Mobil Oil Canada, Ltd.
1993-07-30 Response to motion to expedite the appeal, to be head on November 30, 1993 Mobil Oil Canada, Ltd.
1993-07-30 Affidavit, to be heard on November 30, 1993 (of Martine M.N. Band) Canada-Newfoundland Offshore Petroleum Board
1993-07-30 Affidavit, to be allocated one full day for the hearing (of Martine M. N. Band) Canada-Newfoundland Offshore Petroleum Board
1993-07-30 Motion for additional time to present oral argument, to be allocated one full day for the hearing Canada-Newfoundland Offshore Petroleum Board
1993-07-30 Motion to expedite the appeal, to be heard on November 30, 1993 Canada-Newfoundland Offshore Petroleum Board
1993-05-20 Reply factum on appeal, ON CROSS-APPEAL 24 copies, with service Mobil Oil Canada, Ltd.
1993-05-07 Book of authorities, APPENDIX 10 copies, with service Canada-Newfoundland Offshore Petroleum Board
1993-05-07 Appeal perfected for hearing, Session beginning on 1993-10-04
1993-05-07 Respondent's factum, 24 copies (and factum on CROSS-APPEAL), with service Canada-Newfoundland Offshore Petroleum Board
1993-04-27 Correspondence (sent by the Court) to, sent to Halley, Hunt (St. John's, NFLD) enclosing Rule 32
1993-04-27 Correspondence (sent by the Court) to, sent to Stewart, McKelvey, Stirling, Scales (St. John's, NFLD) enclosing Rule 32
1993-03-22 Appellant's factum, 24 copies, with service Mobil Oil Canada, Ltd.
1993-02-16 Proof of service, from the respondent for admitting service of the case on appeal
1993-01-20 Case on appeal, 23 copies Mobil Oil Canada, Ltd.
1993-01-20 Certified casebook, 1 copy Mobil Oil Canada, Ltd.
1992-11-18 Notice of cross appeal, With service Canada-Newfoundland Offshore Petroleum Board
1992-10-22 Notice of deposit of security, 1 copy, with service
1992-10-21 $500 security deposit paid, direction #2239 Mobil Oil Canada, Ltd.
1992-10-21 Notice of appeal, 1 copy, with service Mobil Oil Canada, Ltd.
1992-10-14 Order granting leave to appeal, With service
1992-10-01 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
1992-10-01 Hearing of the application for leave to appeal, 1992-10-01, LaF So G
1992-10-01 All materials on application for leave submitted to the Judges, 1992-10-01, LaF So G
1992-10-01 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1992-10-01 Notice of deposit of judgment issued to all parties, Stikeman and Elliott (Ottawa,ON)
1992-06-08 All materials on application for leave submitted to the Judges, LaF So G
1992-05-06 Applicant's reply to respondent's argument, 5 copies, with service Mobil Oil Canada, Ltd.
1992-04-29 Respondent's response on the application for leave to appeal, 5 copies, with service Canada-Newfoundland Offshore Petroleum Board
1992-04-24 Application for leave to appeal, as signed C/A Order filed, Completed on: 1992-04-24
1992-04-24 General proceeding, to note signed copy of C/A Order Mobil Oil Canada, Ltd.
1992-04-15 Proof of service, of application for leave to appeal
1992-04-15 Correspondence received from, from Stikeman, Elliott; re: retained as solicitors Canada-Newfoundland Offshore Petroleum Board
1992-04-10 $30.00 filing fee, receipt #25290 Mobil Oil Canada, Ltd.
1992-04-10 Application for leave to appeal, 5 copies (missing proof of service - formal Order of C.A. not signed - Notice of application not in accordance with Rule 23(1)(c)(i)), Incomplete Mobil Oil Canada, Ltd.
1992-04-10 Correspondence received from, sent to Gowling, Strathy & Henderson (Ott,ON) acknowledging receipt of Application for leave. Regret to advise that material is incomplete as service, formal order of Court of Appeal, and Notice of Application for Leave is not in accordance with Rule 23(1

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
Mobil Oil Canada, Ltd. Applicant Active
Gulf Canada Resources Limited Applicant Active
Petro-Canada Inc. Applicant Active
Chevron Canada Resources Limited Applicant Active

v.

Main parties - Respondents
Name Role Status
Canada-Newfoundland Offshore Petroleum Board Respondent Active

Counsel

Party: Mobil Oil Canada, Ltd.

Counsel
Name
Michael F. Harrington, Q.C.
Contact information
Stewart McKelvey Stirling Scales
100 NEW GOWER ST
PO BOX 5038 STN C
ST JOHN'S, Newfoundland & Labrador
A1C 5V3
Telephone: (709) 722-4270
FAX: (709) 722-4565
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

Party: Gulf Canada Resources Limited

Counsel
Name
Michael F. Harrington, Q.C.
Contact information
Stewart McKelvey Stirling Scales
100 NEW GOWER ST
PO BOX 5038 STN C
ST JOHN'S, Newfoundland & Labrador
A1C 5V3
Telephone: (709) 722-4270
FAX: (709) 722-4565
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

Party: Petro-Canada Inc.

Counsel
Name
Michael F. Harrington, Q.C.
Contact information
Stewart McKelvey Stirling Scales
100 NEW GOWER ST
PO BOX 5038 STN C
ST JOHN'S, Newfoundland & Labrador
A1C 5V3
Telephone: (709) 722-4270
FAX: (709) 722-4565
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

Party: Chevron Canada Resources Limited

Counsel
Name
Michael F. Harrington, Q.C.
Contact information
Stewart McKelvey Stirling Scales
100 NEW GOWER ST
PO BOX 5038 STN C
ST JOHN'S, Newfoundland & Labrador
A1C 5V3
Telephone: (709) 722-4270
FAX: (709) 722-4565
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

Party: Canada-Newfoundland Offshore Petroleum Board

Counsel
Name
D. Black
Contact information
Patterson Palmer Hunt Murphy
SCOTIA CENTRE
PO BOX 610 STN C
ST JOHN'S, Newfoundland & Labrador
A1C 5L3
Telephone: (709) 726-6124
FAX: (709) 722-0483
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

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

October 25, 1990
Supreme Court of Newfoundland and Labrador, Court of Appeal

3151

order in the nature of certiorari quashing the decision refusing to consider app

February 11, 1992
Supreme Court of Newfoundland and Labrador - Court of Appeal

1991 No. 3

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.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2025-05-13