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.
24946
St. Mary's Indian Band, et al. v. Corporation of the City of Cranbrook, et al.
(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) |
|---|---|---|
| 2002-08-07 | Approved order for payment out, joint with consents dated July 31/02 sent to Finance August 8/02 - Document not microfilmed but is on file | |
| 1998-03-19 | Certificate of taxation issued to, Blake, Cassels | |
| 1998-03-18 | Decision on the bill of costs, by the Registrar at $9,947.25 | |
| 1998-01-21 | Correspondence (sent by the Court) to, from Blake, Cassels; re: responding to the letter of John L. Finlay re: bill of costs | |
| 1998-01-21 | Correspondence (sent by the Court) to, (by fax) from John L. Finlay; re: bill of costs | |
| 1997-11-28 | Copy of formal judgment on leave being prepared, all parties | |
| 1997-11-27 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1997-10-30 | $50.00 filing fee for a bill of costs for taxation, receipt #28006 | |
| 1997-09-23 |
Decision on the motion for a re-hearing of the appeal, The application for extension of time and the application for re-hearing are granted. Costs are awarded to the respondent, City of Cranbrook, on the appeal and on the application to extend time and for re-hearing., CJ LaF L'HD So G Co McL Ia Ma Granted, no order as to costs |
|
| 1997-09-23 | All material on motion for a re-hearing of the appeal submitted to Justices, 1997-09-23, The application for extension of time and the application for re-hearing are granted. Costs are awarded to the respondent, City of Cranbrook, on the appeal and on the application to extend time and for re-hearing., CJ LaF L'HD So G Co McL Ia Ma | |
| 1997-09-15 | Proof of service, of the argument in response to the motion for rehearing | |
| 1997-09-15 | Proof of service, of the reply of the motion for rehearing | |
| 1997-09-11 | Response to the motion for a re-hearing of the appeal, (letterform by fax from John R. Haig, Q.C.; re: support the respondent Cranbrooks' position) sent to CJ LaF L'HD So G Co McL I Ma, Sept. 12/97, Completed on: 1997-09-11 | Attorney General of Canada |
| 1997-09-11 | Reply to the response to the motion for a re-hearing of the appeal, 10 copies (reply on motions for re-hearing and extension of time) - book form sent to CJ LaF L'HD So G Co McL I Ma, Sept. 12/97, Completed on: 1997-09-11 | Corporation of the City of Cranbrook |
| 1997-09-05 | Response to the motion for a re-hearing of the appeal, 10 copies sent to CJ LaF L'HD So G Co McL I Ma, Sept. 12/97, Completed on: 1997-09-05 | St. Mary's Indian Band |
| 1997-09-05 | General proceeding, 10 copies of argument in response on extension of time (rehearing) sent to CJ LaF L'HD So G Co McL I Ma, Sept. 12/97 | St. Mary's Indian Band |
| 1997-08-26 | Proof of service, of the motion for re-hearing, extension and authorities | |
| 1997-08-22 | Book of authorities, on rehearing and to extend time 10 copies sent to CJ LaF L'HD So G Co McL I Ma, Sept. 12/97, Completed on: 1997-08-22 | Corporation of the City of Cranbrook |
| 1997-08-22 | Affidavit, to file the motion for rehearing (of Gordon Cameron) 10 copies (bookform) | Corporation of the City of Cranbrook |
| 1997-08-22 | $50.00 filing fee for notice of motion, to extend time receipt receipt #34610 | Corporation of the City of Cranbrook |
| 1997-08-22 | Motion to extend time, to file the motion for re-hearing 10 copies (bookform) sent to CJ LaF L'HD So G Co McL I Ma, Sept. 12/97, Completed on: 1997-08-22 | Corporation of the City of Cranbrook |
| 1997-08-22 | $50.00 filing fee for notice of motion, fo re-hearing receipt #34609 | Corporation of the City of Cranbrook |
| 1997-08-22 | Motion for a re-hearing of the appeal, on the issue of COSTS 10 copies sent to CJ LaF L'HD So G Co McL I Ma, Sept. 12/97, Completed on: 1997-08-22 | Corporation of the City of Cranbrook |
| 1997-05-09 | Appeal closed | |
| 1997-04-11 | Record returned to the Registrar of the Court of Appeal, (received 2 env. returned into 1 env.) | |
| 1997-04-01 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1997-04-01 | Copy of formal judgment being prepared, Attorney General of Canada | |
| 1997-04-01 | Copy of formal judgment being prepared, Nelligan, Power | |
| 1997-04-01 | Copy of formal judgment being prepared, Blake, Cassels & Graydon | |
| 1997-03-06 | General proceeding, transcripts received and distributed to the judges (35 pages) | |
| 1997-02-19 |
Judgment on the appeal rendered, REASONS TO FOLLOW, CJ LaF L'HD So G Co McL Ia Ma Dismissed, no order as to costs |
|
| 1997-02-19 | Hearing of the appeal, 1997-02-19, REASONS TO FOLLOW, CJ LaF L'HD So G Co McL Ia Ma | |
| 1996-12-19 | Appeal hearing scheduled, 1997-02-19 | |
| 1996-11-18 | Book of authorities, 10 copies, with service, Completed on: 1996-11-18 | Attorney General of Canada |
| 1996-11-18 | Intervener's factum, 24 copies, with service, Completed on: 1996-11-18 | Attorney General of Canada |
| 1996-10-31 | Book of authorities, 10 copies, with service, Completed on: 1996-10-31 | Corporation of the City of Cranbrook |
| 1996-10-31 | Respondent's factum, 24 copies, with service, Completed on: 1996-10-31 | Corporation of the City of Cranbrook |
| 1996-10-31 | Appeal perfected for hearing, Session beginning on 1997-01-20 | |
| 1996-10-30 |
Decision on the motion for leave to intervene, to file a 30 page factum and present an oral argument not exceeding 30 minutes, Ia Granted, no order as to costs |
|
| 1996-10-30 | Hearing of motion for leave to intervene, 1996-10-30, to file a 30 page factum and present an oral argument not exceeding 30 minutes, Ia | |
| 1996-10-30 | Submission of motion for leave to intervene, 1996-10-30, to file a 30 page factum and present an oral argument not exceeding 30 minutes, Ia | |
| 1996-10-30 |
Decision on motion to extend time, to intervene, Ia Granted, no order as to costs |
|
| 1996-10-30 | Hearing of motion to extend time, 1996-10-30, to intervene, Ia | |
| 1996-10-30 | Submission of motion to extend time, 1996-10-30, to intervene, Ia | |
| 1996-10-29 | Response to motion to extend time, to intervene, to file a lenghty memorandum and to present oral argument not exceeding 30 min. (Blake, Cassels), Completed on: 1996-10-29 | Corporation of the City of Cranbrook |
| 1996-10-23 | Response to motion to extend time, for leave to intervene of the Attorney General of Canada, Completed on: 1996-10-23 | St. Mary's Indian Band |
| 1996-10-23 | Response to the motion for leave to intervene, of the Attorney Geneal of Canada, Completed on: 1996-10-23 | St. Mary's Indian Band |
| 1996-10-22 | Affidavit, of John Robert Haig, Q.C. (joint), with service | Attorney General of Canada |
| 1996-10-22 | $50.00 filing fee for notice of motion, (from Justice account) | Attorney General of Canada |
| 1996-10-22 | Motion for additional time to present oral argument, (not exceeded 30 minutes), with service, Completed on: 1996-10-22 | Attorney General of Canada |
| 1996-10-22 | Motion to file a lengthy factum, (not exceeding 30 pages) (joint), with service, Completed on: 1996-10-22 | Attorney General of Canada |
| 1996-10-22 | Motion to extend time, to file the motion to intervene (joint), with service, Completed on: 1996-10-22 | Attorney General of Canada |
| 1996-10-22 | Motion for leave to intervene, (joint) - 2 copies, with service, Completed on: 1996-10-22 | Attorney General of Canada |
| 1996-10-11 | Correspondence (sent by the Court) to, from MacKenzie, Murdy to D. Beaulieu, letter dated Oct. 7, 1996 re: requesting to schedule the appeal closer to the end of the Winter session, if possible | |
| 1996-09-06 | Service, copy of APPELLANT'S BOOK OF AUTHORITIES | |
| 1996-09-06 | Service, copy of APPELLANT'S FACTUM | |
| 1996-09-06 | Appeal court record, (1 enveloppe) | |
| 1996-09-05 | Book of authorities, 9 copies, Completed on: 1996-09-05 | St. Mary's Indian Band |
| 1996-09-05 | Appellant's factum, 23 copies, Completed on: 1996-09-05 | St. Mary's Indian Band |
| 1996-09-03 | Appeal court record, (1 enveloppe) | |
| 1996-08-21 | Certified casebook, (1 copy), with service | St. Mary's Indian Band |
| 1996-08-20 | Case on appeal, 23 copies | St. Mary's Indian Band |
| 1996-07-02 | Proof of service, of the notice of deposit of security | |
| 1996-07-02 | Order granting leave to appeal | |
| 1996-06-21 | Correspondence (sent by the Court) to, sent to A.G. of Canada (Vancouver, BC) enclosing copy of Rule 32 | |
| 1996-06-21 | Correspondence (sent by the Court) to, sent to Arvay finlay (Victoria, BC) enclosing copy of Rule 32 c.c. Nelligan Power | |
| 1996-06-21 | Correspondence (sent by the Court) to, sent to MacKenzie Murdy & McAllister (Vancouver, BC) enclosing copy of Rule 32 c.c. Blake, Cassels & Graydon | |
| 1996-06-20 | Proof of service, of the notice of appeal (service admitted on June 17/96) | |
| 1996-06-17 | Notice of deposit of security, 1 copy | |
| 1996-06-17 | $500 security deposit paid, receipt no. 2382 | St. Mary's Indian Band |
| 1996-06-17 | Notice of appeal, (1 copy), with service, Completed on: 1996-06-17 | St. Mary's Indian Band |
| 1996-05-31 | Notice of deposit of judgment issued to all parties, A.G. of Canada (Ottawa, ON) | |
| 1996-05-31 | Notice of deposit of judgment issued to all parties, Nelligan, Power | |
| 1996-05-31 | Notice of deposit of judgment issued to all parties, Blake, Cassels & Graydon | |
| 1996-05-30 |
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 |
|
| 1996-03-11 | All materials on application for leave submitted to the Judges, L'HD So McL | |
| 1996-01-26 | Correspondence received from, from C.S. Murdy; re: letter of J.L. Finlay SUBMIT WITH LEAVE APPLICATION | Corporation of the City of Cranbrook |
| 1996-01-23 | Correspondence received from, from John L. Finlay and copies of judgement in Apsassin - SUBMIT WITH LEAVE APPLICATION | St. Mary's Indian Band |
| 1995-11-30 | Applicant's reply to respondent's argument, 5 copies | St. Mary's Indian Band |
| 1995-11-23 | Respondent's response on the application for leave to appeal, 5 copies | Corporation of the City of Cranbrook |
| 1995-11-03 | Proof of service, of leave application | |
| 1995-10-27 | $50.00 filing fee, rec. #30960 | St. Mary's Indian Band |
| 1995-10-27 | Application for leave to appeal, 5 copies., Completed on: 1995-10-27 | St. Mary's Indian Band |
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 |
|---|---|---|
| St. Mary's Indian Band | Applicant | Active |
| St. Mary's Indian Band Council | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Corporation of the City of Cranbrook | Respondent | Active |
| Attorney General of Canada | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
Counsel
Party: St. Mary's Indian Band
Counsel
John L. Finlay
Arvay Finlay
400 - 888 Fort Street
Victoria, British Columbia
V8W 1H8
Telephone: (250) 388-6868
FAX: (250) 388-4456
400 - 888 Fort Street
Victoria, British Columbia
V8W 1H8
Telephone: (250) 388-6868
FAX: (250) 388-4456
Agent
Dougald E. Brown
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Party: St. Mary's Indian Band Council
Counsel
John L. Finlay
Arvay Finlay
400 - 888 Fort Street
Victoria, British Columbia
V8W 1H8
Telephone: (250) 388-6868
FAX: (250) 388-4456
400 - 888 Fort Street
Victoria, British Columbia
V8W 1H8
Telephone: (250) 388-6868
FAX: (250) 388-4456
Agent
Dougald E. Brown
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Party: Attorney General of Canada
Counsel
John R. Haid, Q.C.
Attorney General of Canada
900 - 840 HOWE ST
VANCOUVER, British Columbia
V6Z 2S9
Telephone: (604) 666-8261
900 - 840 HOWE ST
VANCOUVER, British Columbia
V6Z 2S9
Telephone: (604) 666-8261
Agent
Graham R. Garton, Q.C.
Attorney General of Canada
Exchange Tower
130 King Street West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6807
FAX: (416) 973-8253
Email: ggarton@justice.gc.ca
Exchange Tower
130 King Street West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6807
FAX: (416) 973-8253
Email: ggarton@justice.gc.ca
Party: Corporation of the City of Cranbrook
Counsel
Christopher S. Murdy
MacKenzie Murdy & McAllister
1055 DUNSMUIR ST 31ST FL
PO BOX 49059
VANCOUVER, British Columbia
V7X 1C4
Telephone: (604) 689-5263
FAX: (604) 689-9029
1055 DUNSMUIR ST 31ST FL
PO BOX 49059
VANCOUVER, British Columbia
V7X 1C4
Telephone: (604) 689-5263
FAX: (604) 689-9029
Agent
Gordon K. Cameron
Blake, Cassels & Graydon LLP
World Exchange Plaza
20th Floor, 45 O'Connor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2222
FAX: (613) 788-2247
Email: gord.cameron@blakes.com
World Exchange Plaza
20th Floor, 45 O'Connor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2222
FAX: (613) 788-2247
Email: gord.cameron@blakes.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
May 24, 1994
Supreme Court of British Columbia
C933711
Supreme Court of British Columbia
C933711
applicants' action allowed
July 13, 1995
Court of Appeal for British Columbia (Vancouver)
CA018964
Court of Appeal for British Columbia (Vancouver)
CA018964
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.
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
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.
Downloadable PDFs
Not available
Related links
Date modified: 2025-05-13