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.
24857
Canadian National Railway Company v. Burlington Northern Railroad Company
(British Columbia) (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) |
|---|---|---|
| 1997-07-30 | Appeal closed | |
| 1997-02-18 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson | |
| 1997-02-17 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1997-01-21 |
Judgment on the appeal rendered, LaF So G Co McL Ia Ma Allowed, with costs |
|
| 1997-01-21 | Hearing of the appeal, 1997-01-21, LaF So G Co McL Ia Ma | |
| 1997-01-21 | General proceeding, 12 copies of CONDENSED BOOK OF EVIDENCE AND AUTHORITIES | Canadian National Railway Company |
| 1997-01-20 | General proceeding, 12 copies of CONDENSED BOOK OF EXCERPTS OF CASE ON APPEAL | Burlington Northern Railroad Company |
| 1997-01-20 | General proceeding, 12 copies of CONDENSED BOOK OF AUTHORITIES | Burlington Northern Railroad Company |
| 1997-01-17 | General proceeding, to note 10 copies of Commercial Arbitration Code to be put at tab 10 of vol. I of the Joint Book of Authorities | Burlington Northern Railroad Company |
| 1997-01-16 | Correspondence (sent by the Court) to, from Gowlings re: Douglas W. Lehay appearing at the hearing of the appeal for the appellant and Richard R.E. DeFilippi for the respondent | |
| 1997-01-10 | Supplemental document, 10 copies of SUPPLEMENTAL JOINT BOOK OF AUTHORITIES (vol. 3) | Canadian National Railway Company |
| 1997-01-03 | Book of authorities, 10 copies of vol. I & II, Completed on: 1997-01-03 | Canadian National Railway Company |
| 1996-12-18 | Notice of hearing, With service | Canadian National Railway Company |
| 1996-12-10 | Appeal hearing scheduled, 1997-01-21 | |
| 1996-11-13 | Respondent's factum, 24 copies (extension of time requested), with service, Completed on: 1996-11-13 | Burlington Northern Railroad Company |
| 1996-09-13 | Appeal perfected for hearing, Session beginning on 1997-01-20 | |
| 1996-07-19 | Appellant's factum, 24 copies, with service, Completed on: 1996-07-19 | Canadian National Railway Company |
| 1996-07-04 | Proof of service, of the case on appeal | |
| 1996-06-28 | Correspondence (sent by the Court) to, sent to Douglas Symes & Brissenden (Vancouver, BC) enclosing copy of notice to the profession dealing with condensed books c.c. Gowling | |
| 1996-06-28 | Correspondence (sent by the Court) to, sent to Clark, Wilson (Vancouver, BC) enclosing copy of notice to profession dealing with condensed books c.c. Gowling | |
| 1996-06-20 | Certified casebook, vol. I & II | Canadian National Railway Company |
| 1996-06-20 | Case on appeal, 23 copies of vol. I & II | Canadian National Railway Company |
| 1996-04-04 | Correspondence (sent by the Court) to, sent to Douglas Symes & Brissenden (Vancouver, BC) enclosing copy of Rule 32 c.c. Gowling | |
| 1996-04-04 | Correspondence (sent by the Court) to, sent to Clark, Wilson (Vancouver, BC) enclosing copy of Rule 32 | |
| 1996-04-01 | Notice of deposit of security, receipt #2365, with service | |
| 1996-03-29 | Order granting leave to appeal | |
| 1996-03-28 | $500 security deposit paid, direction #2365 | Canadian National Railway Company |
| 1996-03-28 | Notice of appeal, With service, Completed on: 1996-03-28 | Canadian National Railway Company |
| 1996-03-07 |
Judgment of the Court on the application for leave to appeal, L'HD So McL, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1996-03-07 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1996-03-07 | Notice of deposit of judgment issued to all parties, Clark, Wilson (Vancouver, BC) | |
| 1995-12-11 | All materials on application for leave submitted to the Judges, L'HD So McL | |
| 1995-11-15 | Order on motion to extend time, to file the reply | |
| 1995-11-15 |
Decision on motion to extend time, to file the reply to Nov 15/95, Reg Granted, no order as to costs |
|
| 1995-11-15 | Hearing of motion to extend time, 1995-11-15, to file the reply to Nov 15/95, Reg | |
| 1995-11-15 | Submission of motion to extend time, 1995-11-15, to file the reply to Nov 15/95, Reg | |
| 1995-11-09 | $50.00 filing fee for a notice of motion, to extend time receipt #31039 | Canadian National Railway Company |
| 1995-11-09 | Response to motion to extend time, to file the applicant's reply to Nov. 15/95 (letterform) | Burlington Northern Railroad Company |
| 1995-11-09 | Affidavit, to file the applicant's reply to Nov. 15/95 (of Douglas W. Lahay) | Canadian National Railway Company |
| 1995-11-09 | Motion to extend time, to file the applicant's reply to Nov. 15/95 | Canadian National Railway Company |
| 1995-11-09 | Applicant's reply to respondent's argument, 6 copies | Canadian National Railway Company |
| 1995-10-16 | Proof of service, (PRAECIPE) of the respondent's response admitted on Oct. 10/95 | |
| 1995-10-06 | Respondent's response on the application for leave to appeal, 5 copies | Burlington Northern Railroad Company |
| 1995-09-14 | Correspondence received from, sent to Douglas Symes & Brissenden (Vancouver, BC) enclosing copy of letter dated Sept 14/95 sent to applicant | |
| 1995-09-14 | Correspondence received from, sent to Clark, Wilson (Vancouver, BC) to acknowledge receipt of material commencing a proceeding together with enclosed filing fee | |
| 1995-09-08 | $50.00 filing fee, receipt no. 30611 | Canadian National Railway Company |
| 1995-09-08 | Application for leave to appeal, 5 copies of vol. 1 and 2 (IN THE ALTERNATIVE, AN ORAL HEARING IS REQUESTED - see order requested), with service, Completed on: 1995-09-08 | Canadian National Railway Company |
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 National Railway Company | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Burlington Northern Railroad Company | Respondent | Active |
Counsel
Party: Canadian National Railway Company
Counsel
800 - 885 GEORGIA ST W
VANCOUVER, British Columbia
V6C 3H1
Telephone: (604) 687-5700
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Burlington Northern Railroad Company
Counsel
P.O. Box 10057
2700 - 700 West Georgia Street
Vancouver, British Columbia
V7Y 1B8
Telephone: (604) 484-1700
FAX: (604) 484-9700
Email: rdefilippi@ahbl.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com
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
Supreme Court of British Columbia
C933667
proceedings stayed; parties referred to arbitration
Court of Appeal for British Columbia (Vancouver)
CA018249
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