Case information

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)
1997-09-25	Record returned to the Registrar of the Court of Appeal, (3 boxes and 2 folders) sent together with 24939
1997-08-01	Appeal closed
1997-06-05	Copy of formal judgment being prepared, Noël, Berthiaume
1997-06-05	Copy of formal judgment being prepared, Burke-Robertson
1997-06-05	Copy of formal judgment being prepared, Gowling, Strathy & Henderson
1997-06-05	Copy of formal judgment being prepared, A.G. of Canada
1997-06-04	Formal judgment sent to the registrar of the court of appeal and all parties, Colombie-Britannique (Vancouver)
1997-05-23	Notice of deposit of judgment sent to all parties, Noël, Berthiaume
1997-05-23	Notice of deposit of judgment sent to all parties, Burke-Robertson
1997-05-23	Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson
1997-05-23	Notice of deposit of judgment sent to all parties, A.G. of Canada
1997-05-22	Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is dismissed with costs, Cory and McLachlin JJ. dissenting. Dismissed, with costs
1997-02-07	Correspondence (sent by the Court) to, from J. E. Gouge to D. Beaulieu, letter dated Feb. 6, 1997 re: has no submission to make in respect with the motion to adduce new evidence (affidavit of Mr. Cuillerier) sent to CJ LaF L'HD So G Co McL I Ma on February 10, 1997
1997-02-03	General proceeding, 5 copies of RESPONSE OF THE APPELLANTS ON MOTION TO ADDUCE NEW EVIDENCE (5 more copies requested) sent to CJ LaF L'HD So G Co McL I Ma on February 4 ,1997., with service	Opetchesaht, an Indian Band
1996-12-27	Proof of service, of notice of motion to adduce new evidence and affidavit in support (admitted on Dec. 17 and 18, 1996)
1996-12-11	Affidavit, of Paul Cuillerier (NEW EVIDENCE) REFERRED TO PANEL DEC. 17	Her Majesty the Queen in Right of Canada
1996-12-11	Affidavit, of Gerald Donegan (REFERRED TO PANEL ON DEC. 17)	Her Majesty the Queen in Right of Canada
1996-12-11	$50.00 filing fee for notice of motion, (from Justice account)	Her Majesty the Queen in Right of Canada
1996-12-11	Motion to adduce new evidence, (REFERRED TO PANEL ON DEC. 17), Completed on: 1996-12-11	Her Majesty the Queen in Right of Canada
1996-11-21	Correspondence (sent by the Court) to, (by fax) dated Nov. 20/96 from Gerald Donegan re: filing a response to Mr. Justice Cory's question during the hearing of the appeal
1996-11-19	General proceeding, transcripts received and distributed to the judges (91 pages)
1996-10-28	Correspondence (sent by the Court) to, from Gowlings re: duration of argument
1996-10-28	Hearing of the appeal, 1996-10-28, CJ LaF L'HD So G Co McL Ia Ma Decision reserved
1996-10-24	Proof of service, of the book of authorities of B.C. Hydro
1996-10-23	Proof of service, of book of authorities upon A.G. Canada
1996-10-23	Reply factum on appeal, 24 copies (see order of Cory of May 22/96), with service, Completed on: 1996-10-23	Opetchesaht, an Indian Band
1996-10-23	Book of authorities, 12 copies, with service, Completed on: 1996-10-23	British Columbia Hydro and Power Authority
1996-10-22	General proceeding, (letterform from Henry S. Brown, Q.C.) replying to the response on the motion to strike	Opetchesaht, an Indian Band
1996-10-22	Decision on motion to strike out, paragraphs 1 through 6 of the factum of the interveners B.C. Tel et al. is granted, and the motion for an order striking out paragraphs 17 through 24 of the said factum is adjourned to the hearing of the appeal, Ma Granted, no order as to costs
1996-10-22	Hearing of motion to strike out, 1996-10-22, paragraphs 1 through 6 of the factum of the interveners B.C. Tel et al. is granted, and the motion for an order striking out paragraphs 17 through 24 of the said factum is adjourned to the hearing of the appeal, Ma
1996-10-22	Submission of motion to strike out, 1996-10-22, paragraphs 1 through 6 of the factum of the interveners B.C. Tel et al. is granted, and the motion for an order striking out paragraphs 17 through 24 of the said factum is adjourned to the hearing of the appeal, Ma
1996-10-22	Correspondence (sent by the Court) to, (by fax) dated Oct 22/96 from Mr. G.K. Macintosh, Q.C. to inform the Court that the paragraphs 17 to 24 DO NOT expand the appeal beyond the issues raised by the parties
1996-10-21	General proceeding, (letterform from G.K. Macintosh, Q.C.) responding to the motion to strike (original received on Oct. 22, 1996)	BC Telephone
1996-10-18	$50.00 filing fee for notice of motion, receipt #32830	Opetchesaht, an Indian Band
1996-10-18	Motion to strike out, pars. 1 through 6 and pars. 17 through 24 of the factum of the interveners, BC Tel, BC Gas Utility Ltd. and the Greater Vancouver Sewerage and Drainage District, with service, Completed on: 1996-10-18	Opetchesaht, an Indian Band
1996-10-09	Order on motion to extend time, to file the factum
1996-10-08	Decision on motion to extend time, to file the factum to Sept 30/96, Ma Granted, no order as to costs
1996-10-08	Hearing of motion to extend time, 1996-10-08, to file the factum to Sept 30/96, Ma
1996-10-08	Submission of motion to extend time, 1996-10-08, to file the factum to Sept 30/96, Ma
1996-10-07	Correspondence (sent by the Court) to, from Dept. of Justice, Vancouver re: names of counsel appearing at the hearing of the appeal
1996-10-04	Correspondence (sent by the Court) to, from Lawson, Lundell to A. Roland, letter dated October 4, 1996 (fax copy) re: inform the Court that he is supporting the position advanced by Mr. MacIntosh
1996-10-03	Correspondence (sent by the Court) to, from Farris, Vaughan, letter dated October 2, 1996 (fax copy) re: answering to Mr. Crane's letter of September 27, 1996
1996-09-27	Correspondence (sent by the Court) to, dated Sept. 27/96 from Brian A. Crane (Gowlings) to oppose the application by B.C. Tel. et al, for an extension of time
1996-09-27	Response to motion to extend time, for B.C. Tel. et al to file their factum to Sept. 30/96, Completed on: 1996-09-27	British Columbia Hydro and Power Authority
1996-09-27	Response to motion to extend time, for B.C. Tel. et al to file their factum to Sept. 30/96, Completed on: 1996-09-27	Her Majesty the Queen in Right of Canada
1996-09-27	Intervener's factum, 24 copies, Completed on: 1996-09-27	BC Telephone
1996-09-25	Correspondence (sent by the Court) to, frojm Burke-Robertson re: duration of argument (20 minutes - see order dated Sept. 5, 1996)
1996-09-24	Proof of service, of motion to extend time
1996-09-23	Affidavit, to file the factum to Sept. 30/96; George Macintosh, Q.C., with service	BC Telephone
1996-09-23	$50.00 filing fee for notice of motion, receipt #32633	BC Telephone
1996-09-23	Motion to extend time, to file the factum to Sept. 30/96, with service, Completed on: 1996-09-23	BC Telephone
1996-09-20	Notice of hearing	Opetchesaht, an Indian Band
1996-09-17	Appeal hearing scheduled, 1996-10-28 Decision reserved
1996-09-11	Book of authorities, 10 copies, with service, Completed on: 1996-09-11	Union of British Columbia Indian Chiefs ('UBCIC')
1996-09-05	Response to the motion for additional time to present oral argument, (letterform from Robert Houston), Completed on: 1996-09-05	BC Telephone
1996-09-05	Decision on motion for additional time to present oral argument, Co, - order will go allowing the following times for oral argument: a. for the appellants: 90 minutes if required; b. for the intervener, Union of B.C. Indian Chiefs: 20 minutes if required; c. for the respondent, Her Majesty the Queen in right of Canada: 45 minutes if required; d. for the respondent, B.C. Hydro and Power Authority: 45 minutes if required; e. for the interveners, B.C. Tel and B.C. Gas Utility Ltd.: 20 minutes if required. If the respondents see fit their submissions may be presented by three counsel Granted, no order as to costs
1996-09-05	Hearing of motion for additional time to present oral argument, 1996-09-05, Co
1996-09-05	Submission of motion for additional time to present oral argument, 1996-09-05, Co
1996-08-30	Response to the motion for additional time to present oral argument, of Gowling, Strathy re: motion by B.C. Hydro for additional time (fax copy), Completed on: 1996-08-30	Opetchesaht, an Indian Band
1996-08-29	Response to the motion for additional time to present oral argument, of Gerald Donegan (fax copy), Completed on: 1996-08-29	Her Majesty the Queen in Right of Canada
1996-08-29	Response to the motion for additional time to present oral argument, of Mandell, Pinder (fax copy), Completed on: 1996-08-29	Union of British Columbia Indian Chiefs ('UBCIC')
1996-08-26	$50.00 filing fee for notice of motion, for additional time receipt #32495	British Columbia Hydro and Power Authority
1996-08-23	Affidavit, (of J. Edward Gouge), with service	British Columbia Hydro and Power Authority
1996-08-23	Motion for additional time to present oral argument, (90 minutes for the appellants and respondents), with service, Completed on: 1996-08-23	British Columbia Hydro and Power Authority
1996-07-12	Intervener's factum, 24 copies, with service, Completed on: 1996-07-12	Union of British Columbia Indian Chiefs ('UBCIC')
1996-07-02	$50.00 filing fee for notice of motion, (from Justice account)	Her Majesty the Queen in Right of Canada
1996-07-02	Response to motion to extend time, (joint with respondent, B.C. Hydro et al), Completed on: 1996-07-02	Opetchesaht, an Indian Band
1996-07-02	Affidavit, of Robin S. Whittaker	Her Majesty the Queen in Right of Canada
1996-07-02	Motion to extend time, to file the A.G. Canada's factum to June 27/96, Completed on: 1996-07-02	Her Majesty the Queen in Right of Canada
1996-07-02	Order on motion to extend time, to file the factum
1996-07-02	Decision on motion to extend time, to file the factum to June 27/96, DeRg Granted, no order as to costs
1996-07-02	Hearing of motion to extend time, 1996-07-02, to file the factum to June 27/96, DeRg
1996-07-02	Submission of motion to extend time, 1996-07-02, to file the factum to June 27/96, DeRg
1996-06-27	Book of authorities, 10 copies, with service, Completed on: 1996-06-27	Her Majesty the Queen in Right of Canada
1996-06-27	Respondent's factum, 24 copies (extension of time requested), with service, Completed on: 1996-06-27	Her Majesty the Queen in Right of Canada
1996-06-25	Order on motion to extend time, to file the factum
1996-06-25	Decision on motion to extend time, to file the factum to June 21/96, DeRg Granted, no order as to costs
1996-06-25	Hearing of motion to extend time, 1996-06-25, to file the factum to June 21/96, DeRg
1996-06-25	Submission of motion to extend time, 1996-06-25, to file the factum to June 21/96, DeRg
1996-06-21	$50.00 filing fee for notice of motion, receipt #24161	British Columbia Hydro and Power Authority
1996-06-21	Response to motion to extend time, to file the respondent, B.C. Hydro's factum to June 21/96, Completed on: 1996-06-21	Opetchesaht, an Indian Band
1996-06-21	Affidavit, to file the factum to June 21/96; Peter D. Feldberg, with service	British Columbia Hydro and Power Authority
1996-06-21	Motion to extend time, to file the factum to June 21/96, with service, Completed on: 1996-06-21	British Columbia Hydro and Power Authority
1996-06-21	Respondent's factum, 24 copies (extension of time requested), with service, Completed on: 1996-06-21	British Columbia Hydro and Power Authority
1996-06-10	Proof of service, of the supplementary Appeal book (book form)
1996-06-07	Supplemental document, 23 copies (SUPPLEMENTARY APPEAL BOOK)	Opetchesaht, an Indian Band
1996-05-22	Order on motion to adduce new evidence
1996-05-22	Decision on motion to adduce new evidence, Co, - Upon application by counsel on behalf of the respondent crown for an order adding to the case on appeal the agreed statement of facts annexed hereto as Annexure "A", and by consent of all parties, it is ordered that the case on appeal be amended by adding thereto the said agreed statement of facts, and it is further ordered that the appellant be at liberty to argue that the said agreed statement of facts is not relevant or determinative of the issues raised in this appeal, and it is further ordered that the appellant having already filed a factum in this appeal, the appellant may file a brief reply to those portions of the facta of the respondents based on the said agreed statement of facts Granted, no order as to costs
1996-05-22	Hearing of the motion to adduce new evidence, 1996-05-22, Co
1996-05-22	Submission of motion to adduce new evidence, 1996-05-22, Co
1996-04-22	Motion to adduce new evidence, 5 copies of REVISED, Completed on: 1996-04-22	Her Majesty the Queen in Right of Canada
1996-04-09	Appeal perfected for hearing, Session beginning on 1996-09-30
1996-02-12	Book of authorities, 10 copies, with service, Completed on: 1996-02-12	Opetchesaht, an Indian Band
1996-02-08	Appellant's factum, 24 copies, with service, Completed on: 1996-02-08	Opetchesaht, an Indian Band
1995-12-20	Decision on motion to extend time, to file the factum to Feb 8/96, Reg Granted, no order as to costs
1995-12-20	Hearing of motion to extend time, 1995-12-20, to file the factum to Feb 8/96, Reg
1995-12-20	Submission of motion to extend time, 1995-12-20, to file the factum to Feb 8/96, Reg
1995-12-20	Order on motion to extend time, to file the factum
1995-12-18	$50.00 filing fee for notice of motion, receipt no. 31242	Opetchesaht, an Indian Band
1995-12-15	Response to motion to extend time, of R. S. Whittaker (re: motion to extend the time to file the appellant's factum to Feb. 8/96) (JOINT WITH CONSENT OF P. D. FELDBERG, COUNSEL OF B. C. HYDRO)	Her Majesty the Queen in Right of Canada
1995-12-15	Affidavit, of E. Jane Woodward (re: motion to extend the time to file the appellant's factum to Feb. 8/96)	Opetchesaht, an Indian Band
1995-12-15	Motion to extend time, to file the appellant's factum to Feb. 8/96	Opetchesaht, an Indian Band
1995-10-27	Order on motion to extend time, for leave to intervene
1995-10-25	Decision on motion to extend time, to intervene (see decision A054 dated same date) GRANTED, Ia
1995-10-25	Decision on the motion for leave to intervene, 1. The motion for an extension of time and leave to intervene is granted; 2. The factum be limited to 20 pages and that oral argument be limited to 20 minutes, Ia Granted, no order as to costs
1995-10-25	Hearing of motion for leave to intervene, 1995-10-25, 1. The motion for an extension of time and leave to intervene is granted; 2. The factum be limited to 20 pages and that oral argument be limited to 20 minutes, Ia
1995-10-25	Submission of motion for leave to intervene, 1995-10-25, 1. The motion for an extension of time and leave to intervene is granted; 2. The factum be limited to 20 pages and that oral argument be limited to 20 minutes, Ia
1995-10-25	Decision on motion to extend time, to intervene Traversed, no order as to costs
1995-10-25	Hearing of motion to extend time, 1995-10-25, to intervene Decision reserved
1995-10-25	Submission of motion to extend time, 1995-10-25, to intervene Decision reserved
1995-10-25	Hearing of motion for leave to intervene, 1995-10-25 Decision reserved
1995-10-25	Submission of motion for leave to intervene, 1995-10-25 Decision reserved
1995-10-20	Correspondence (sent by the Court) to, (by fax) from Lawson, Lundell; re: supports the intervention by British Columbia Telephone Company, et al (original received on Oct. 25/95)
1995-10-19	Response to the motion for leave to intervene, of R. S. Whittaker re: motion to intervene of B.C. Telephone, B.C. Gas Utilty and Greater Vancouver (letter form - fax copy)	Her Majesty the Queen in Right of Canada
1995-09-21	$50.00 filing fee for notice of motion, receipt no. 30702	BC Telephone
1995-09-20	Motion to extend time, to file the motion to intervene to Sept. 20/95 - 2 copies - book form, with service	BC Telephone
1995-09-20	Affidavit, of Howard Coulter - 2 copies - book form, with service	BC Telephone
1995-09-20	Motion for leave to intervene, 2 copies - book form (joint with BC Gas and Greater Vancouver Seweraage), with service	BC Telephone
1995-08-31	Appeal court record, (from Victoria)
1995-07-06	Appeal court record, (1 folder)
1995-06-29	Certified casebook, (extension of time requested), with service	Opetchesaht, an Indian Band
1995-06-23	Book of authorities, 3 copies in support of the New Evidence, with service	Her Majesty the Queen in Right of Canada
1995-06-23	Affidavit, 3 copies (bookform); J. Edward Gouge, with service	Her Majesty the Queen in Right of Canada
1995-06-23	Motion to adduce new evidence, 3 copies (bookform), with service	Her Majesty the Queen in Right of Canada
1995-06-20	Case on appeal, 25 copies	Opetchesaht, an Indian Band
1995-04-18	Order on motion to extend time, for leave to intervene
1995-04-18	Order on motion for leave to intervene
1995-04-12	Decision on the motion for leave to intervene, oral argument is limited to 20 minutes, Ia Granted, no order as to costs
1995-04-12	Hearing of motion for leave to intervene, 1995-04-12, oral argument is limited to 20 minutes, Ia
1995-04-12	Submission of motion for leave to intervene, 1995-04-12, oral argument is limited to 20 minutes, Ia
1995-04-12	Decision on motion to extend time, for leave to intervene, Ia Granted, no order as to costs
1995-04-12	Hearing of motion to extend time, 1995-04-12, for leave to intervene, Ia
1995-04-12	Submission of motion to extend time, 1995-04-12, for leave to intervene, Ia
1995-04-11	Correspondence (sent by the Court) to, (by fax) of Brenda Gaertner (Mandell Pinder) to J. Edward Gouge dated April 10/95 to confirm his position on leave to intervene
1995-04-11	Correspondence (sent by the Court) to, (by fax) of Branda Gaertner (Mandell Pinder) to Gerald Donegan, Q.C. dated April 10/95 to confirm his position on leave to intervene
1995-04-11	General proceeding, to note the SU8BMISSIONS OF THE APPLICANT...IN SUPPORT of the application for leave to intervene	Union of British Columbia Indian Chiefs ('UBCIC')
1995-04-06	Affidavit, of J. Edward Gouge in opposition to the intervention of "UBCIC"	British Columbia Hydro and Power Authority
1995-04-05	Response to the motion for leave to intervene, of the appellants (Gowling, Strathy) to the intervention of the Union of B.C. Indian Chiefs	Opetchesaht, an Indian Band
1995-01-09	Affidavit, of Chief Saul Terry (1 copy), with service	Union of British Columbia Indian Chiefs ('UBCIC')
1995-01-09	Motion to extend time, to file the motion to intervene (joint with the motion to intervene) - 1 copy, with service	Union of British Columbia Indian Chiefs ('UBCIC')
1995-01-09	Motion for leave to intervene, (joint with motion to extend the time to file this motion) - 1 copy, with service	Union of British Columbia Indian Chiefs ('UBCIC')
1994-11-25	Correspondence (sent by the Court) to, sent to Lawson Lundell Lawson & McIntosh (Vancouver, BC) enclosing copy of Rule 32
1994-11-25	Correspondence (sent by the Court) to, sent to A.G. of Canada (Vancouver, BC) enclosing copy of Rule 32 c.c. E. Sojonky
1994-11-25	Correspondence (sent by the Court) to, sent to Woodward & Company (Victoria, BC) enclosing copy of Rule 32 c.c. Gowling, Strathy & Henderson
1994-11-16	Order granting leave to appeal
1994-11-07	$500 security deposit paid, receipt #2325	Opetchesaht, an Indian Band
1994-11-07	Notice of appeal, With service	Opetchesaht, an Indian Band
1994-10-14	Notice of deposit of judgment issued to all parties, Lawson Lundell Lawson & McIntosh (Vancouver, BC)
1994-10-14	Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1994-10-14	Notice of deposit of judgment issued to all parties, A.G. of Canada (Ottawa, ON)
1994-10-13	Judgment of the Court on the application for leave to appeal, LaF So Ma, The application for leave to appeal is granted. Granted, no order as to costs
1994-06-21	All materials on application for leave submitted to the Judges, 1994-10-13, LaF So Ma
1994-06-08	Proof of service, 1 copy of response, with service
1994-06-08	Correspondence received from, of Mr. J. Edward Gouge, Q.C. to advise the Court that B.C. Hydro takes no position on the applicati on for leave and will the issues if and when leave to appeal is given	British Columbia Hydro and Power Authority
1994-06-06	Respondent's response on the application for leave to appeal, 5 copies, with service	Her Majesty the Queen in Right of Canada
1994-05-18	$30.00 filing fee, receipt no. 24592	Opetchesaht, an Indian Band
1994-05-18	Application for leave to appeal, 5 copies (no signature of counsel re: memorandum of argument - conclusion - E.V.B. advised), with service, Completed on: 1994-05-18	Opetchesaht, an Indian Band

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Opetchesaht, an Indian Band	Applicant	Active
Watts, suing on his own behlf and on behalf of all the members of the Opetchesaht, Danny	Applicant	Active

v.

Main parties - Respondents

Name	Role	Status
Her Majesty the Queen in Right of Canada	Respondent	Active
British Columbia Hydro and Power Authority	Respondent	Active

Other parties

Other parties

Name	Role	Status
Union of British Columbia Indian Chiefs ('UBCIC')	Intervener	Active
BC Telephone	Intervener	Active
BC Gas Utility Ltd.	Intervener	Active
Greater Vancouver Sewerage and Drainage District	Intervener	Active

Counsel

Summary

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.

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.

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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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