Case information
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23717
Shaw Cable Systems British Columbia Limited, et al. v. British Columbia Telephone Company, et al.
(Federal) (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) |
|---|---|---|
| 1995-07-24 | Appeal closed | |
| 1995-07-12 | Correspondence (sent by the Court) to, (1 box) sent to Federal Court of Canada | |
| 1995-06-29 | Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. Ontario (Ottawa) | |
| 1995-06-29 | Copy of formal judgment being prepared, CRTC (Hull, QC) | |
| 1995-06-29 | Copy of formal judgment being prepared, McCarthy, Tétrault (Ottawa, ON) | |
| 1995-06-29 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1995-06-22 |
Judgment on the appeal rendered, The appeal is allowed with costs throughout, the judgment of the Federal Court of Appeal is set aside and the decision of the Canadian Radio-television and Telecommunications Commission is restored. Allowed, no order as to costs |
|
| 1995-06-22 | Notice of deposit of judgment sent to all parties, CRTC (Hull, QC) | |
| 1995-06-22 | Notice of deposit of judgment sent to all parties, McCarthy, Tétrault (Ottawa, ON) | |
| 1995-06-22 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1995-02-03 | General proceeding, transcripts received and distributed to the judges (173 pages) - joint with 23778 | |
| 1995-01-23 | General proceeding, to note a F.C.A. judgment in "AGT Limited v. CRTC" given in Court | Canadian Radio-Television and Telecommunications Commission |
| 1995-01-23 | General proceeding, to note a copy of oral reasons for judgment in "R. v. Four Seasons Radio" given in Court | Canadian Radio-Television and Telecommunications Commission |
| 1995-01-23 |
Hearing of the appeal, 1995-01-23 Decision reserved |
|
| 1995-01-19 | Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument | |
| 1995-01-17 | Correspondence (sent by the Court) to, of Susan L. Gratton (McCarthy Tétrault) re: duration of argument (by fax) | |
| 1995-01-16 | Book of authorities, 10 copies of vols. 1 to 3, with service | Shaw Cable Systems British Columbia Limited |
| 1995-01-13 |
Appeal hearing scheduled, 1995-01-23 Decision reserved |
|
| 1995-01-12 | Correspondence (sent by the Court) to, from Avrum Cohen to D. Beaulieu re: duration of argument (fax copy - joint with 23778) (original file on Jan. 16/95) | |
| 1995-01-12 | Notice of hearing, With service | Shaw Cable Systems British Columbia Limited |
| 1995-01-11 | Correspondence (sent by the Court) to, from McCarthy, Tétrault (Susan Gratton) re: duration of argument (fax copy - joint with 23778) (original filed on Jan. 17/95) | |
| 1995-01-09 | Correspondence (sent by the Court) to, from Avrum Cohen re: enclosing 24 copies of a revised page 34 in the Appendix C (TO BE SENT TO THE JUDGES) - attached | |
| 1994-12-22 | Order on motion to extend time, to file the factum | |
| 1994-12-20 |
Decision on motion to extend time, to file the factum to Dec 2/94, Reg Granted, no order as to costs |
|
| 1994-12-20 | Hearing of motion to extend time, 1994-12-20, to file the factum to Dec 2/94, Reg | |
| 1994-12-20 | Submission of motion to extend time, 1994-12-20, to file the factum to Dec 2/94, Reg | |
| 1994-12-12 | Affidavit, to serve and file the factum to Dec. 2/94; Eduard J. van Bemmel, with service | Telecommunications Workers' Union |
| 1994-12-12 | Motion to extend time, to serve and file the factum to Dec. 2/94, with service | Telecommunications Workers' Union |
| 1994-12-02 | Respondent's factum, 24 copies (extension of time requested), with service | Telecommunications Workers' Union |
| 1994-11-10 | Appeal perfected for hearing, Session beginning on 1995-01-23 | |
| 1994-11-09 | Respondent's factum, 24 copies, with service | British Columbia Telephone Company |
| 1994-09-15 | Appellant's factum, 24 copies (see order dated Sept. 2/94) | Shaw Cable Systems British Columbia Limited |
| 1994-09-14 | Appeal court record, (joint with 23778) - 1 red folder | |
| 1994-09-12 | Certified casebook | Shaw Cable Systems British Columbia Limited |
| 1994-09-12 | Appeal court record, 1 accordion file | |
| 1994-09-02 | Order on motion to extend time, to file their factum to Sept 2/94 | |
| 1994-09-02 |
Decision on motion to extend time, to file their factum to Sept 2/94, Reg Granted, no order as to costs |
|
| 1994-09-02 | Hearing of motion to extend time, 1994-09-02, to file their factum to Sept 2/94, Reg | |
| 1994-09-02 | Submission of motion to extend time, 1994-09-02, to file their factum to Sept 2/94, Reg | |
| 1994-09-02 | Order on motion to extend time, to file Case on Appeal and appellant's factum | |
| 1994-09-02 |
Decision on motion to extend time, to file Case on Appeal to Sept 1/94 and appellants factum to Sept 16/94, Reg Granted, no order as to costs |
|
| 1994-09-02 | Hearing of motion to extend time, 1994-09-02, to file Case on Appeal to Sept 1/94 and appellants factum to Sept 16/94, Reg | |
| 1994-09-02 | Submission of motion to extend time, 1994-09-02, to file Case on Appeal to Sept 1/94 and appellants factum to Sept 16/94, Reg | |
| 1994-08-31 | Response to motion to extend time, to file the appellant's CRTC factum | British Columbia Telephone Company |
| 1994-08-31 | Affidavit, to file the appellant's factum (bookform), with service | Canadian Radio-Television and Telecommunications Commission |
| 1994-08-31 | Motion to extend time, to file the appellant's factum (bookform), with service | Canadian Radio-Television and Telecommunications Commission |
| 1994-08-31 | Appellant's factum, 24 copies, with service | Canadian Radio-Television and Telecommunications Commission |
| 1994-08-30 | Proof of service, of the Case on Appeal | |
| 1994-08-30 | Case on appeal, 24 copies | Shaw Cable Systems British Columbia Limited |
| 1994-08-30 | Response to motion to extend time, to file the appellamt's factum of Shaw Cable | British Columbia Telephone Company |
| 1994-08-30 | Affidavit, to file the Case on Appeal to Sept. 1/94 and the appellant's factum to Sept. 16/94 (of Susan L. Gratton) (bookform), with service | Shaw Cable Systems British Columbia Limited |
| 1994-08-30 | Motion to extend time, to file the Case on Appeal to Sept. 1/94 and the appellant's factum to Sept. 16/94 (bookform), with service | Shaw Cable Systems British Columbia Limited |
| 1994-07-29 | Correspondence (sent by the Court) to, from McCarthy, Tétrault to A. Roland re: will file a motion for extension of time to file the case on appeal and appellant's factum | |
| 1994-03-11 | Proof of service, of Notice of Appeal | |
| 1994-03-09 | Correspondence (sent by the Court) to, sent to Shortt Moore & Arsenault (Vancouver, BC) enclosing copy of Rule 32 | |
| 1994-03-09 | Correspondence (sent by the Court) to, sent to Farris Vaughan Wills & Murphy (Vancouver, BC) enclosing copy of Rule 32 | |
| 1994-03-09 | Correspondence (sent by the Court) to, sent to Legal Directorate (Hull, QC) enclosing copy of Rule 32 | |
| 1994-03-09 | Correspondence (sent by the Court) to, sent to McCarthy Tétrault (Toronto, ON) enclosing copy of Rule 32 | |
| 1994-03-09 | Order granting leave to appeal | |
| 1994-03-04 | Notice of appeal, (1 copy), with service | Canadian Radio-Television and Telecommunications Commission |
| 1994-03-03 | Notice of appeal, With service | Shaw Cable Systems British Columbia Limited |
| 1994-02-11 | Notice of deposit of judgment issued to all parties, McCarthy, Tetrault (Ottawa, ON) | |
| 1994-02-11 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-02-11 | Notice of deposit of judgment issued to all parties, Legal Directorate (Hull, QC) | |
| 1994-02-10 |
Judgment of the Court on the application for leave to appeal, LaF Co Ia, The application for leave to appeal is granted. The Canadian Radio-television and Telecommunications Commission is limited to a defence of its jurisdiction and clarification of the record. Granted, no order as to costs |
|
| 1994-02-10 | Hearing of the application for leave to appeal, 1994-02-10, LaF Co Ia | |
| 1994-02-10 | All materials on application for leave submitted to the Judges, 1994-02-10, LaF Co Ia | |
| 1993-10-26 | All materials on application for leave submitted to the Judges, LaF Co I | |
| 1993-10-18 | Order on motion to extend time, to file a joint respondent's response to Oct. 7, 1993 | |
| 1993-10-18 | Proof of service, of additional case to be relied upon filed by McCarthy, Tetrault | |
| 1993-10-15 | Correspondence received from, from farris, Vaughan; re: objects to the request contained in the reply of CRTC | British Columbia Telephone Company |
| 1993-10-14 | Applicant's reply to respondent's argument, 5 copies, with service | Shaw Cable Systems British Columbia Limited |
| 1993-10-13 | Applicant's reply to respondent's argument, 5 copies, with service | Canadian Radio-Television and Telecommunications Commission |
| 1993-10-12 |
Decision on motion to extend time, to file respondents argument to Oct 7/93, with service, Reg Granted, no order as to costs |
|
| 1993-10-12 | Hearing of motion to extend time, 1993-10-12, to file respondents argument to Oct 7/93, with service, Reg | |
| 1993-10-12 | Submission of motion to extend time, 1993-10-12, to file respondents argument to Oct 7/93, with service, Reg | |
| 1993-10-12 | Correspondence received from, (by fax) from Avrum Cohen; re: will neither consent nor take objection to the respondent's extension of time to file the response | Canadian Radio-Television and Telecommunications Commission |
| 1993-10-07 | Response to motion to extend time, of Susan L. Gratton (fax copy) | Shaw Cable Systems British Columbia Limited |
| 1993-10-07 | Affidavit, of E.Van Bemmel to file the respondent's response (1 copy), with service | British Columbia Telephone Company |
| 1993-10-07 | Motion to extend time, to file the respondent's response to Oct. 7, 93 (1 copy), with service | British Columbia Telephone Company |
| 1993-10-07 | Respondent's response on the application for leave to appeal, 5 copies, with service | British Columbia Telephone Company |
| 1993-10-05 | Correspondence received from, from McCarthy; re: enclosed is an additional case which we wish to reply (TO BE SENT WITH LEAVE APPLICATION), with service | Shaw Cable Systems British Columbia Limited |
| 1993-09-29 | $30.00 filing fee, #27565 | Shaw Cable Systems British Columbia Limited |
| 1993-09-24 | Book of authorities, 5 copies of JOINT Applicant's authorities | Shaw Cable Systems British Columbia Limited |
| 1993-09-10 | Court of Appeal casebooks and transcripts of evidence, 3 copies of Appeal Case Book Appendix E | |
| 1993-09-10 | $30.00 filing fee, #27493 | Canadian Radio-Television and Telecommunications Commission |
| 1993-09-10 | Application for leave to appeal, 5 copies (SECOND APPLICATION), with service, Completed on: 1993-09-10 | Canadian Radio-Television and Telecommunications Commission |
| 1993-09-10 | Application for leave to appeal, 5 copies (FIRST APPLICATION), with service, Completed on: 1993-09-10 | Shaw Cable Systems British Columbia 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 |
|---|---|---|
| Shaw Cable Systems British Columbia Limited | Applicant | Active |
| Canadian Radio-Television and Telecommunications Commission | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| British Columbia Telephone Company | Respondent | Active |
| Telecommunications Workers' Union | Respondent | Active |
Counsel
Party: Shaw Cable Systems British Columbia Limited
Counsel
Thomas G. Heintzman, Q.C.
McCarthy Tétrault
4700 TD Bank Tower
PO Box 48
Toronto, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
4700 TD Bank Tower
PO Box 48
Toronto, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
Colin Baxter
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386
Party: Canadian Radio-Television and Telecommunications Commission
Counsel
Avrum Cohen
C.R.T.C.
TERRASSES DE LA CHAUDIERE
1 PROMENADE DU PORTAGE
HULL, Quebec
K1A 0N2
Telephone: (819) 997-5533
FAX: (819) 953-0589
TERRASSES DE LA CHAUDIERE
1 PROMENADE DU PORTAGE
HULL, Quebec
K1A 0N2
Telephone: (819) 997-5533
FAX: (819) 953-0589
Party: British Columbia Telephone Company
Counsel
Jack M. Giles, Q.C.
Farris, Vaughan, Wills & Murphy
2600 - 700 Georgia St West
Box 10026
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 684-9151
FAX: (604) 661-9349
2600 - 700 Georgia St West
Box 10026
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 684-9151
FAX: (604) 661-9349
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Telecommunications Workers' Union
Counsel
Morley D. Shortt, Q.C.
Shortt, Moore & Arsenault
800 - 688 HASTINGS ST W
VANCOUVER, British Columbia
V6B 1P1
Telephone: (604) 669-4447
FAX: (604) 669-4737
800 - 688 HASTINGS ST W
VANCOUVER, British Columbia
V6B 1P1
Telephone: (604) 669-4447
FAX: (604) 669-4737
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
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.
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Lower court rulings
May 12, 1993
Federal Court of Appeal
A-1500-92
Federal Court of Appeal
A-1500-92
appeal allowed
Memorandums of argument on application for leave to appeal
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 filing 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.
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Factums on appeal
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.
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Date modified: 2025-05-13