Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
23549
Non-Labour Lien Claimants v. Her Majesty the Queen in Right of Canada, et al.
(Saskatchewan) (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) |
|---|---|---|
| 2004-04-20 | Payment out cheque issued, ($592.66) | |
| 2004-04-02 | Approved order for payment out, (sent to Finance April 5/04) | |
| 2004-04-02 |
Decision on miscellaneous motion, to reimburse the $500 security deposit - Document not microfilmed but is on file, Reg Granted |
|
| 2004-04-02 | Submission of miscellaneous motion, Reg | |
| 2004-02-13 | Notice of miscellaneous motion, reimbursement of $500 deposit - Document not microfilmed but is on file, Completed on: 2004-02-13 | Non-Labour Lien Claimants |
| 1997-08-15 | Appeal closed | |
| 1995-06-29 | Certificate of taxation issued to, Gowling - REVISED CERTIFICATE | |
| 1995-06-29 |
Decision on the objection to the taxation of the bill of costs, by the Registrar at $35,242.79, Reg Granted, no order as to costs |
|
| 1995-06-29 | Hearing of objection to registrar's decision on taxation, 1995-06-29, by the Registrar at $35,242.79, Reg | |
| 1995-06-29 | Submission of objection to taxation of the bill of costs, 1995-06-29, by the Registrar at $35,242.79, Reg | |
| 1995-06-28 | Correspondence (sent by the Court) to, (by fax) from Mark R. Kindrachuk; re: receive Mr. Brown's letter dated June 23/95 and do not oppose it (original received on July 5, 1995) | |
| 1995-06-26 | Correspondence (sent by the Court) to, from Gowling; re: to review two matters on the Bill of costs | |
| 1995-06-26 | Objection to the taxation of the bill of costs | Non-Labour Lien Claimants |
| 1995-06-22 | Certificate of taxation issued to, Gowling | |
| 1995-06-22 | Fee on taxation $30.00, receipt #30353 | Non-Labour Lien Claimants |
| 1995-06-16 | Decision on the bill of costs, by the Registrar at $33,261.60 (see file for reasons) | |
| 1995-06-02 | Correspondence (sent by the Court) to, from Henry S. Brown; re: additional info for the Bill of Costs | |
| 1995-05-11 | Correspondence (sent by the Court) to, from Gowling; re: taxation with attached affidavit of Murray R. Sawatzky | |
| 1995-04-24 | Correspondence (sent by the Court) to, from Gowling; re: enclosed time sheets of McDougal l, Ready to be referred to at the taxation | |
| 1995-04-05 | Correspondence (sent by the Court) to, (by fax) from Gowling; re: taxation of the bill of costs scheduled for Thursday, April 27/95 at 2:00 p.m. | |
| 1995-03-10 | Record returned to the Registrar of the Court of Appeal | |
| 1994-12-07 | Copy of formal judgment being prepared, MacPherson, Leslie & Tyerman (Saskatoon, SK) | |
| 1994-12-07 | Copy of formal judgment being prepared, Nelligan, Power (Ottawa, ON) | |
| 1994-12-07 | Copy of formal judgment being prepared, Hnatyshyn Singer (Saskatoon, SK) | |
| 1994-12-07 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson | |
| 1994-12-07 | Copy of formal judgment being prepared, A.G. of Canada (Ottawa, ON) | |
| 1994-12-07 | Formal judgment sent to the registrar of the court of appeal and all parties, Saskatchewan (Regina) | |
| 1994-11-03 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The Court is of the view that this appeal be dismissed, substantially for the reasons given by Tallis J.A. of the Saskatchewan Court of Appeal, with costs to the appellants as between solicitor and client payable out of and limited to the interest on the principal of the fund. Dismissed, with costs |
|
| 1994-11-03 | Hearing of the appeal, 1994-11-03, CJ LaF L'HD So G Co McL Ia Ma | |
| 1994-10-26 | Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument | |
| 1994-10-21 | Notice of withdrawal, (1 copy), with service | Attorney General for Ontario |
| 1994-10-20 | Book of authorities, 10 copies | Her Majesty the Queen in Right of Canada |
| 1994-10-05 | Appeal hearing scheduled, 1994-11-03 | |
| 1994-10-04 | Proof of service, of the notice of withdrawal of P. G. Quebec | |
| 1994-09-27 | Notice of withdrawal, (1 copy), with service | Attorney General of Quebec |
| 1994-09-23 | Proof of service, of the respondent (Sask. Workers' Compensation)'s factum upon MacPherson, Leslie & Tyerman) | |
| 1994-09-20 | Correspondence (sent by the Court) to, of Mr. Jeffrey M. Lee (MacPherson Leslie) dated September 14/94 to advise the Court that he will not be filing a factum and will not be making oral submissions at the hearing | |
| 1994-09-19 | Notice of hearing, (1 copy), with service | Non-Labour Lien Claimants |
| 1994-09-15 | Proof of service, of the Respondent's factum upon the A.G. of Québec | |
| 1994-09-09 | Order on motion to extend time, to file case on appeal to March 25/94 and appellant's factum to July 8/94 | |
| 1994-09-09 |
Decision on motion to extend time, to file case on appeal to March 25/94 and appellant's factum to July 8/94, Reg Granted, no order as to costs |
|
| 1994-09-09 | Hearing of motion to extend time, 1994-09-09, to file case on appeal to March 25/94 and appellant's factum to July 8/94, Reg | |
| 1994-09-09 | Submission of motion to extend time, 1994-09-09, to file case on appeal to March 25/94 and appellant's factum to July 8/94, Reg | |
| 1994-09-08 | Correspondence (sent by the Court) to, from J. Mark Edwards to D. Beaulieu re: Sask. Workers' Compensation Board will not be making oral submissions on the hearing of the appeal (fax copy) | |
| 1994-09-08 | Response to motion to extend time, to file the Case on Appeal to March 25/94 and the appellant's factum to July 8/94 (letterform) | Saskatchewan Workers' Compensation Board |
| 1994-09-06 | Respondent's factum, 24 copies, with service | Saskatchewan Workers' Compensation Board |
| 1994-09-02 | Respondent's factum, 24 copies, with service | Her Majesty the Queen in Right of Canada |
| 1994-09-02 | Proof of service, of the A.G.Canada's factum to the intervener, A.G. Ontario (service admitted on Sept. 9/94 | |
| 1994-09-02 | Correspondence (sent by the Court) to, from Jeffrey M. Lee (fax copy) re: consent from others respondents EXCEPT Sask. Worker's Compensation Board to the motion to extend the time to file the case on appeal to March 25/94 and the appellant's factum to July 8/94 (letter form dated August 16/94) | |
| 1994-09-02 | Response to motion to extend time, to file the case on appeal to March 25/94 and the appellant's factum to July 8/94 (John Tait) | Her Majesty the Queen in Right of Canada |
| 1994-09-02 | Affidavit, to file the case on appeal to March 25/94 and the appellant's factum to July 8/94 (E.Van Bemmel) | Non-Labour Lien Claimants |
| 1994-09-02 | Motion to extend time, to file the case on appeal to March 25/94 and the appellant's factum to July 8/94 | Non-Labour Lien Claimants |
| 1994-07-22 | Proof of service, of the Case on Appeal and appellant's factum upon the A.G. Quebec | |
| 1994-07-20 | Appeal perfected for hearing, Session beginning on 1994-10-03 | |
| 1994-07-20 | Proof of service, of the Case on Appeal and the Appellant's factum upon the A.G. of Ontario | |
| 1994-07-18 | Proof of service, of the appellant's factum admitted on July 11/94 | |
| 1994-07-18 | Order on motion to extend time, to file notice of intervention to July 14/94 | |
| 1994-07-15 |
Decision on motion to extend time, to file the notice of intervention to July 14/94, with service, Ia Granted, no order as to costs |
|
| 1994-07-15 | Hearing of motion to extend time, 1994-07-15, to file the notice of intervention to July 14/94, with service, Ia | |
| 1994-07-15 | Submission of motion to extend time, 1994-07-15, to file the notice of intervention to July 14/94, with service, Ia | |
| 1994-07-14 | Response to motion to extend time, to file the notice of intervention of the A.G. of Quebec | Non-Labour Lien Claimants |
| 1994-07-14 | Response to motion to extend time, to file the notice of intervention of the A.G. of Quebec | Transgas Limited |
| 1994-07-14 | Response to motion to extend time, to file the notice of intervention of the A.G. of Quebec | Saskatchewan Workers' Compensation Board |
| 1994-07-14 | Response to motion to extend time, to file the notice of intervention of the A.G. of Quebec | Her Majesty the Queen in Right of Canada |
| 1994-07-14 | Affidavit, to file the notice of intervention to July 14/94 (of Simon Noël), with service | Attorney General of Quebec |
| 1994-07-14 | Motion to extend time, to file the notice of intervention to July 14/94, with service | Attorney General of Quebec |
| 1994-07-14 | Notice of intervention respecting a constitutional question, With service | Attorney General of Quebec |
| 1994-07-11 | Notice of intervention respecting a constitutional question, With service | Attorney General for Ontario |
| 1994-07-08 | Appellant's factum, 24 copies (extension of time requested) | Non-Labour Lien Claimants |
| 1994-06-22 | Notice of constitutional question(s), (1 copy), with service | Non-Labour Lien Claimants |
| 1994-06-14 | Order on motion to state a constitutional question | |
| 1994-06-08 |
Decision on the motion to state a constitutional question, motion is granted as to question 1. and dismissed as to question 2. (for questions see file). Notices of intention to intervene are to be filed by July 11/94., CJ Granted, no order as to costs |
|
| 1994-06-08 | Hearing of the motion to state a constitutional question, 1994-06-08, motion is granted as to question 1. and dismissed as to question 2. (for questions see file). Notices of intention to intervene are to be filed by July 11/94., CJ | |
| 1994-06-08 | Submission of motion to state a constitutional question, 1994-06-08, motion is granted as to question 1. and dismissed as to question 2. (for questions see file). Notices of intention to intervene are to be filed by July 11/94., CJ | |
| 1994-06-03 | Affidavit, of Murray R. Sawatzky in support of an application by the appellants for the addition of an additional constitutional question, with service | Non-Labour Lien Claimants |
| 1994-05-31 | Correspondence (sent by the Court) to, from Henry S. Brown; re: obtain a date for the constitutional questions | |
| 1994-05-26 | Correspondence (sent by the Court) to, from Gowling; re: constitutional questions | |
| 1994-05-26 | Correspondence (sent by the Court) to, from W. Brent Gough; re: will not be making representations orally or in writing on the hearin g | |
| 1994-05-20 | Correspondence (sent by the Court) to, from Nelligan, Power; re: does not oppose the constitutional questions | |
| 1994-05-04 | Correspondence (sent by the Court) to, (by fax) from MacPherson; re: takes no position with respect to the constitutional questions | |
| 1994-04-08 | Proof of service, of the notice of motion with attached Constitution al Question on April 7/94 | |
| 1994-04-08 | Appeal court record, 1 envelope (FROM COURT OF APPEAL FOR SASKATCHEWAN) | |
| 1994-04-07 | Proof of service, of the case on appeal | |
| 1994-04-05 | Certified casebook | Non-Labour Lien Claimants |
| 1994-03-25 | Case on appeal, 23 copies (extension of time requested) | Non-Labour Lien Claimants |
| 1994-03-25 | Motion to state a constitutional question, ADDITIONAL; 2 copies, with service | Non-Labour Lien Claimants |
| 1994-03-11 | Correspondence (sent by the Court) to, of Henry S. Brown (Gowling, Strathy & Henderson) to ask that the motion to state constitutional questions now pending before the Chief Justice be withdrawn as consideration is being given to some modification thereof | |
| 1994-01-10 | Motion to state a constitutional question, (2 copies) | Non-Labour Lien Claimants |
| 1993-11-29 | Correspondence (sent by the Court) to, sent to MacPherson, Leslie & Tyerman (Saskatoon, SK) re: oral submissions on appeals may be made by by video-conference (from A. Roland, c.c. Murray Sawatzky and Mark Kindrachuk) | |
| 1993-11-18 | Correspondence (sent by the Court) to, from Jeffrey M. Lee; re: did not response at the leave stage, requesting guidance as to the filing and hearing of the appeal | |
| 1993-11-17 | Notice of deposit of security, With service | |
| 1993-11-15 | $500 security deposit paid, direction #2287 | Non-Labour Lien Claimants |
| 1993-11-15 | Correspondence (sent by the Court) to, sent to Deputy Attorney General of Canada (Ottawa, ON) enclosing copy of Rule 32 | |
| 1993-11-15 | Correspondence (sent by the Court) to, sent to McDougall Ready (Regina, SK) enclosing copy of Rule 32 | |
| 1993-11-12 | Order granting leave to appeal | |
| 1993-11-10 | Notice of appeal, With service | Non-Labour Lien Claimants |
| 1993-10-14 |
Judgment of the Court on the application for leave to appeal, CJ McL Ma, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1993-10-14 | Hearing of the application for leave to appeal, 1993-10-14, CJ McL Ma | |
| 1993-10-14 | All materials on application for leave submitted to the Judges, 1993-10-14, CJ McL Ma | |
| 1993-10-14 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1993-10-14 | Notice of deposit of judgment issued to all parties, Deputy Attorney General of Canada (Ottawa, ON) | |
| 1993-06-16 | All materials on application for leave submitted to the Judges, CJ McL Maj | |
| 1993-05-14 | Respondent's response on the application for leave to appeal, 5 copies, with service | Her Majesty the Queen in Right of Canada |
| 1993-04-28 | $30.00 filing fee, receipt no. 26990 | Non-Labour Lien Claimants |
| 1993-04-28 | Application for leave to appeal, 5 copies, with service, Completed on: 1993-04-28 | Non-Labour Lien Claimants |
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 |
|---|---|---|
| Non-Labour Lien Claimants | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of Canada | Respondent | Active |
| Transgas Limited | Respondent | Active |
| Saskatchewan Workers' Compensation Board | Respondent | Active |
| P. E. Ben Industries Company Ltd. | Respondent | Active |
| A. M. Inspection Ltd. | Respondent | Active |
| Certified Rentals Ltd. | Respondent | Active |
| Arrow Welding & Industrial Supplies Inc. | Respondent | Active |
| Permanent Concrete (Division of Lafarge Canada) | Respondent | Active |
| Japa Industries Ltd. | Respondent | Active |
Counsel
Party: Non-Labour Lien Claimants
Counsel
700 - 2010, 11TH AVE
REGINA, Saskatchewan
S4P 0J3
Telephone: (306) 757-1641
FAX: (306) 665-8511
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Her Majesty the Queen in Right of Canada
Counsel
123 - 2nd Ave. S.
10th Floor
Saskatoon, Saskatchewan
S7K 7E6
Telephone: (306) 975-4765
FAX: (306) 975-5013
Email: mark.kindrachuk@justice.gc.ca
Agent
284 Wellington Street
East Memorial Building
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4871
FAX: (613) 954-1920
Party: Transgas Limited
Counsel
601 - 402, 21 St. E
Saskatoon, Saskatchewan
S7K 0C3
Telephone: (306) 653-5150
FAX: (306) 652-5859
Party: Saskatchewan Workers' Compensation Board
Counsel
200 - 1881 SCARTH ST
REGINA, Saskatchewan
S4P 4L1
Telephone: (306) 787-4370
FAX: (306) 787-0213
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Party: P. E. Ben Industries Company Ltd.
Counsel
1500 - 410, 22ND ST E
SASKATOON, Saskatchewan
S7K 5T6
Telephone: (306) 975-7100
FAX: (306) 975-7145
Party: A. M. Inspection Ltd.
Counsel
1500 - 410, 22ND ST E
SASKATOON, Saskatchewan
S7K 5T6
Telephone: (306) 975-7100
FAX: (306) 975-7145
Party: Certified Rentals Ltd.
Counsel
1500 - 410, 22ND ST E
SASKATOON, Saskatchewan
S7K 5T6
Telephone: (306) 975-7100
FAX: (306) 975-7145
Party: Arrow Welding & Industrial Supplies Inc.
Counsel
1500 - 410, 22ND ST E
SASKATOON, Saskatchewan
S7K 5T6
Telephone: (306) 975-7100
FAX: (306) 975-7145
Party: Permanent Concrete (Division of Lafarge Canada)
Counsel
1500 - 410, 22ND ST E
SASKATOON, Saskatchewan
S7K 5T6
Telephone: (306) 975-7100
FAX: (306) 975-7145
Party: Japa Industries Ltd.
Counsel
1500 - 410, 22ND ST E
SASKATOON, Saskatchewan
S7K 5T6
Telephone: (306) 975-7100
FAX: (306) 975-7145
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
Court of Queen’s Bench of Saskatchewan
Q.B.M. 75
Section 224(1.2) of the Income Tax Act declared ultra vires
Court of Appeal for Saskatchewan
CA 1047
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
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
Not available
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.
Downloadable PDFs
Not available