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.
23721
Canadian Pacific Limited v. Her Majesty the Queen in right of Ontario
(Ontario) (Criminal) (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) |
|---|---|---|
| 1995-08-21 | Appeal closed | |
| 1995-08-21 | Close file on Leave | |
| 1995-08-16 | Record returned to the Registrar of the Court of Appeal | |
| 1995-08-14 | Copy of formal judgment being prepared, Noël, Berthiaume | |
| 1995-08-14 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1995-08-14 | Copy of formal judgment being prepared, Burke-Robertson | |
| 1995-08-11 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1995-07-21 | Notice of deposit of judgment sent to all parties, Noël, Berthiaume | |
| 1995-07-21 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1995-07-21 | Notice of deposit of judgment sent to all parties, Burke-Robertson | |
| 1995-07-20 | General proceeding, Judgment rendered on reserved issue: July 20, 1995 | |
| 1995-01-30 | General proceeding, transcript received and distributed to the justices (98 p.) | |
| 1995-01-25 | Order on motion to extend time, to file the factum to Jan 13/95 (joint with A.G of Sask) | |
| 1995-01-24 |
Judgment on the appeal rendered, Appeal fails; Constitutional Question No 1: Yes; Constitutional Questions 2 & 3 reserved (decision on reserved issue rendered July 20, 1995), CJ LaF L'HD So G Co McL Ia Ma Dismissed, no order as to costs |
|
| 1995-01-24 | Hearing of the appeal, 1995-01-24, Appeal fails; Constitutional Question No 1: Yes; Constitutional Questions 2 & 3 reserved (decision on reserved issue rendered July 20, 1995), CJ LaF L'HD So G Co McL Ia Ma | |
| 1995-01-24 |
Decision on motion to extend time, to file the factum to Jan 13/95 (joint with A.G of Sask.), Reg Granted, no order as to costs |
|
| 1995-01-24 | Hearing of motion to extend time, 1995-01-24, to file the factum to Jan 13/95 (joint with A.G of Sask.), Reg | |
| 1995-01-24 | Submission of motion to extend time, 1995-01-24, to file the factum to Jan 13/95 (joint with A.G of Sask.), Reg | |
| 1995-01-19 | Correspondence (sent by the Court) to, from Robert E. Houston, Q.C.; re: David Lepofsky will take 1 hour for his submission | |
| 1995-01-19 | Response to motion to extend time, to file the interverners' factum (Sask./Man.) (joint consent with respondent) | Canadian Pacific Limited |
| 1995-01-19 | Affidavit, of Kenneth J. Tyler to file the intervener's factum, with service | Attorney General of Manitoba |
| 1995-01-19 | Affidavit, of Graeme George Mitchell to file the intervener's factum, with service | Attorney General of Saskatchewan |
| 1995-01-19 | Motion to extend time, to file the factum to Jan. 13/95 (joint with A.G. Sask.), with service | Attorney General of Manitoba |
| 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, from Sylvie Roussel re: duration of argument (fax copy) | |
| 1995-01-13 | Intervener's factum, 24 copies (extension of time requested), with service | Attorney General of Saskatchewan |
| 1995-01-13 | Intervener's factum, 24 copies (extension of time requested), with service | Attorney General of Manitoba |
| 1995-01-13 | Appeal hearing scheduled, 1995-01-24 | |
| 1995-01-12 | Correspondence (sent by the Court) to, (by fax) from Pat Moran; re: typographical errors in the factum (original filed Jan. 16/95) sent to CJ LaF L'HD So G Co McL I Ma, Jan 13/95 | |
| 1995-01-12 | Book of authorities, 10 copies | Canadian Environmental Law Association |
| 1995-01-09 | Book of authorities, 10 copies | Her Majesty the Queen in right of Ontario |
| 1995-01-09 | Book of authorities, 10 copies | Canadian Pacific Limited |
| 1995-01-06 | Notice of withdrawal, 1 copy, with service | Attorney General of Alberta |
| 1995-01-06 | Notice of hearing, 1 copy, with service | Canadian Pacific Limited |
| 1994-11-07 | Order on motion to extend time, to file the factum to Oct 26/94 | |
| 1994-11-07 |
Decision on motion to extend time, to file the factum to Oct 26/94, Reg Granted, no order as to costs |
|
| 1994-11-07 | Hearing of motion to extend time, 1994-11-07, to file the factum to Oct 26/94, Reg | |
| 1994-11-07 | Submission of motion to extend time, 1994-11-07, to file the factum to Oct 26/94, Reg | |
| 1994-10-26 | Affidavit, to file the intervener factum to Oct. 26/94 (of Jean Bouchard), with service | Procureur général du Québec |
| 1994-10-26 | Motion to extend time, to file the intervener's factum to Oct. 26/94, with service | Procureur général du Québec |
| 1994-10-26 | Intervener's factum, 24 copies, with service | Procureur général du Québec |
| 1994-10-13 | Intervener's factum, 24 copies, with service | Canadian Environmental Law Association |
| 1994-09-30 | Appeal perfected for hearing, Session beginning on 1995-01-23 | |
| 1994-09-30 | Respondent's factum, 24 copies, with service | Her Majesty the Queen in right of Ontario |
| 1994-09-26 | Order on motion for leave to intervene | |
| 1994-09-26 | Order on motion to extend time, to intervene | |
| 1994-09-19 |
Decision on motion to extend time, to intervene, Ma Granted, no order as to costs |
|
| 1994-09-19 | Hearing of motion to extend time, 1994-09-19, to intervene, Ma | |
| 1994-09-19 | Submission of motion to extend time, 1994-09-19, to intervene, Ma | |
| 1994-09-19 |
Decision on the motion for leave to intervene, written submissions only, limited to 15 pages., Ma Granted, no order as to costs |
|
| 1994-09-19 | Hearing of motion for leave to intervene, 1994-09-19, written submissions only, limited to 15 pages., Ma | |
| 1994-09-19 | Submission of motion for leave to intervene, 1994-09-19, written submissions only, limited to 15 pages., Ma | |
| 1994-08-12 | General proceeding, to note 24 copies of BOOK OF STATUTES, with service | Canadian Pacific Limited |
| 1994-08-05 | Appellant's factum, 24 copies, with service | Canadian Pacific Limited |
| 1994-06-30 | Appeal court record, (1 box) | |
| 1994-06-27 | Notice of intervention respecting a constitutional question, (service on June 27, 1994) | Procureur général du Québec |
| 1994-06-27 | Notice of intervention respecting a constitutional question, With service | Attorney General of Saskatchewan |
| 1994-06-24 | Notice of intervention respecting a constitutional question, (1 copy), with service | Attorney General of Manitoba |
| 1994-06-23 | Response to motion to extend time, to file the motion to intervene of Canadian Environmental Law Association (Pat Moran) - 2 copies, with service | Her Majesty the Queen in right of Ontario |
| 1994-06-23 | Response to the motion for leave to intervene, of Canadian Environmenetal Law Association (Pat Moran) - 2 copies, with service | Her Majesty the Queen in right of Ontario |
| 1994-06-23 | Affidavit, to file the motion to intervene (Graham Rempe) - 2 copies, with service | Canadian Environmental Law Association |
| 1994-06-23 | Motion to extend time, to file the motion to intervene (2 copies), with service | Canadian Environmental Law Association |
| 1994-06-23 | Affidavit, (Graham Rempe) - 2 copies, with service | Canadian Environmental Law Association |
| 1994-06-23 | Motion for leave to intervene, (2 copies), with service | Canadian Environmental Law Association |
| 1994-06-22 | Correspondence (sent by the Court) to, from Richard Lindgren re: will contact the appellant to determine if it will oppose to the motion to intervene | |
| 1994-06-21 | Certified casebook, vol. I to III | Canadian Pacific Limited |
| 1994-06-17 | Notice of intervention respecting a constitutional question, (1 copy), with service | Attorney General of Alberta |
| 1994-06-09 | Case on appeal, 23 copies of vol. I to III, with service | Canadian Pacific Limited |
| 1994-05-30 | Notice of constitutional question(s), With service | Canadian Pacific Limited |
| 1994-05-27 | Order on motion to state a constitutional question | |
| 1994-05-19 |
Decision on the motion to state a constitutional question, notices of intention to intervene to be filed by June 27/94 (for questions, see file), CJ Granted, no order as to costs |
|
| 1994-05-19 | Hearing of the motion to state a constitutional question, 1994-05-19, notices of intention to intervene to be filed by June 27/94 (for questions, see file), CJ | |
| 1994-05-19 | Submission of motion to state a constitutional question, 1994-05-19, notices of intention to intervene to be filed by June 27/94 (for questions, see file), CJ | |
| 1994-05-18 | General proceeding, to note 2 copies of Appellant's Memorandum....for constitutional question, with service | Canadian Pacific Limited |
| 1994-05-18 | Proof of service, of notice of motion to state constitutional | |
| 1994-05-17 | General proceeding, 3 copies of MOTION RECORD on constitutional questions, with service | Her Majesty the Queen in right of Ontario |
| 1994-05-05 | Motion to state a constitutional question | Canadian Pacific Limited |
| 1994-03-09 | Order granting leave to appeal | |
| 1994-03-09 | Correspondence (sent by the Court) to, sent to Ministry of Attorney General (Toronto, ON) enclosing copy of Rule 32 | |
| 1994-03-09 | Correspondence (sent by the Court) to, sent to Canadian Pacific Legal Services (Winnipeg, MN) enclosing copy of Rule 32 | |
| 1994-03-07 | Notice of appeal, With service | Canadian Pacific Limited |
| 1994-02-11 | Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON) | |
| 1994-02-11 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-02-10 |
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 |
|
| 1994-02-10 | Hearing of the application for leave to appeal, 1994-02-10, CJ McL Ma | |
| 1994-02-10 | All materials on application for leave submitted to the Judges, 1994-02-10, CJ McL Ma | |
| 1993-10-26 | All materials on application for leave submitted to the Judges, CJ McL Ma | |
| 1993-10-18 | Book of authorities, 5 copies of vols. 1 and 2 | Canadian Pacific Limited |
| 1993-10-14 | Application for leave to appeal, as order requested signed, Completed on: 1993-10-14 | |
| 1993-10-14 | General proceeding, order requested signed (1 copy of leave app.) | Canadian Pacific Limited |
| 1993-10-08 | Book of authorities, 5 copies | Her Majesty the Queen in right of Ontario |
| 1993-10-08 | Respondent's response on the application for leave to appeal, 5 copies, with service | Her Majesty the Queen in right of Ontario |
| 1993-10-06 | Correspondence received from, sent to Canadian Pacific Legal Services (Winnipeg, MN) re: Appl. for Leave to Appeal missing signature on Order Requested on check list | |
| 1993-09-20 | $30.00 filing fee, receipt no. 27538 | Canadian Pacific Limited |
| 1993-09-20 | Application for leave to appeal, 5 copies (order requested not signed), with service, Incomplete | Canadian Pacific 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 |
|---|---|---|
| Canadian Pacific Limited | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in right of Ontario | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Environmental Law Association | Intervener | Active |
| Attorney General of Manitoba | Intervener | Active |
| Attorney General of Saskatchewan | Intervener | Active |
| Procureur général du Québec | Intervener | Active |
Counsel
Party: Canadian Pacific Limited
Counsel
360 - 601 CORDOVA ST W
VANCOUVER, British Columbia
V6B 1G1
Telephone: (604) 681-8851
FAX: (604) 688-0099
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Her Majesty the Queen in right of 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: Canadian Environmental Law Association
Counsel
401 - 517 College St.
Toronto, Ontario
M6G 4A2
Telephone: (416) 960-2284
FAX: (416) 960-9392
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General of Manitoba
Counsel
405 BROADWAY AVE
7TH FL
WINNIPEG, Manitoba
R3C 3L6
Telephone: (204) 945-0679
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General of Saskatchewan
Counsel
1874 Scarth St., 10th Floor
P.O. Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-8385
FAX: (306) 787-9111
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Procureur général du Québec
Counsel
1200 RTE DE L'ÉGLISE
5e 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
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
Ontario Court of Justice (General Division)
x
appeal allowed
Court of Appeal for Ontario
C13194
appeal dismissed
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