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)
1998-09-25	Appeal closed
1998-03-30	Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. (Ottawa, Ontario)
1998-03-30	Copy of formal judgment being prepared, all parties
1998-03-23	Notice of deposit of judgment sent to all parties, all parties
1998-03-19	Judgment on the appeal rendered, L'HD G Co McL Ia Ma Ba, The appeal is dismissed with costs, McLachlin J. dissenting. (FOR CONSTITUTIONAL QUESTION SEE FILE) Dismissed, with costs
1997-11-27	General proceeding, transcripts received and distributed to the judges (101 pages)
1997-11-24	Correspondence (sent by the Court) to, from Russell & Du Moulin to A. Roland, letter dated Nov. 24, 1997 (fax copy) re: the correct from name is BC Gas Utility Ltd.
1997-11-12	General proceeding, 12 copies of BOOK OF EXTRACTS given in Court	Westcoast Energy Inc.
1997-11-12	Book of authorities, 10 copies of vol. III of joint brief of authoritie s given in Court, Completed on: 1997-11-12	Westcoast Energy Inc.
1997-11-12	General proceeding, 12 copies of BOOK OF EXTRACTS given in Court, with service	BC Gas Utility Ltd.
1997-11-12	Hearing of the appeal, 1997-11-12, L'HD G Co McL Ia Ma Ba Decision reserved
1997-11-12	Order on motion to extend time, to file their factum
1997-11-12	Decision on motion to extend time, to file their factum to Nov. 3/97, Reg Granted, no order as to costs
1997-11-12	Hearing of motion to extend time, 1997-11-12, to file their factum to Nov. 3/97, Reg
1997-11-12	Submission of motion to extend time, 1997-11-12, to file their factum to Nov. 3/97, Reg
1997-11-06	$50.00 filing fee for notice of motion, to extend time receipt #28078	Attorney General of Saskatchewan
1997-11-05	General proceeding, 12 copies of CONDENSED BOOK, with service	Attorney General of British Columbia
1997-11-05	Correspondence (sent by the Court) to, from Gowling (duration of argument)
1997-11-05	Proof of service, of notice of motion to extend time to file the factum, with service
1997-11-04	Book of authorities, 10 copies of vol. I & II, with service, Completed on: 1997-11-04	Westcoast Energy Inc.
1997-11-03	Intervener's factum, 24 copies, with service, Completed on: 1997-11-03	Attorney General of Saskatchewan
1997-11-03	Correspondence (sent by the Court) to, dated Oct. 31/97 from Thomson Irvine (Sask. Justice) re: will not appear at the hearing and will rely solely on his written submissions
1997-11-03	Affidavit, to serve and file the factum to Nov. 3\97; John Thomson Irvine, with service	Attorney General of Saskatchewan
1997-11-03	Motion to extend time, to serve and file the factum to Nov. 3\97, with service, Completed on: 1997-11-03	Attorney General of Saskatchewan
1997-10-31	Notice of appearance, (C. B. Johnson and M. W. Martin)	BC Gas Utility Ltd.
1997-10-14	Notice of appearance, of George H. Copley	Attorney General of British Columbia
1997-10-02	Book of authorities, 9 copies, Completed on: 1997-10-02	Attorney General of Alberta
1997-10-02	Intervener's factum, 23 copies, Completed on: 1997-10-02	Attorney General of Alberta
1997-10-02	Proof of service, of the intervener's factum & book of authorities (book form), with service
1997-09-30	Notice of change of counsel, to Peter W. Noonan	National Energy Board
1997-09-24	Correspondence (sent by the Court) to, from Peter Noonan to A. Roland, letter dated Sept. 19, 1997 re; name of Ottawa Agent changed from J. de Pencier to Ms. Leslie Holland
1997-09-22	Appeal hearing scheduled, 1997-11-12 Decision reserved
1997-09-22	Correspondence (sent by the Court) to, from Beament, Green to A. Roland, letter dated Sept. 15, 1997 re: will not be presenting an oral argument at the hearing of the appeal and will rely on the written submissions only
1997-09-17	Order on motion to extend time, to file their factum
1997-09-17	Decision on motion to extend time, to file their factum to Sept. 5/97, Reg Granted, no order as to costs
1997-09-17	Hearing of motion to extend time, 1997-09-17, to file their factum to Sept. 5/97, Reg
1997-09-17	Submission of motion to extend time, 1997-09-17, to file their factum to Sept. 5/97, Reg
1997-09-16	Correspondence (sent by the Court) to, (by fax) from Beament Green; re: A.G.N.S. will not present an oral argument at the hearing of the appeal
1997-09-16	Response to motion to extend time, to file the respondent's factum to Sept. 5\97, Completed on: 1997-09-16	BC Gas Utility Ltd.
1997-09-16	$50.00 filing fee for notice of motion, receipt #34715	Westcoast Energy Inc.
1997-09-16	Affidavit, to file the factum to Sept. 5\97; Colin Stephen Baxter	Westcoast Energy Inc.
1997-09-16	Motion to extend time, to file the factum to Sept. 5\97, Completed on: 1997-09-16	Westcoast Energy Inc.
1997-09-05	Respondent's factum, 24 copies (extension of time requested), with service, Completed on: 1997-09-05	Westcoast Energy Inc.
1997-09-05	Decision on motion for additional time to present oral argument, CJ, 1) The time for oral argument at the hearing of the appeal shall be allocated as follows: Appellants: 1 hr 45 min.; Respondents: 1 hr 45min; Interveners: 45 min.; Total: 4 hrs 15 min.; 2) The appeal shall be heard on Wednesday, Nov. 12/97, commencing at 9:15 a.m. Granted, no order as to costs
1997-09-05	Hearing of motion for additional time to present oral argument, 1997-09-05, CJ
1997-09-05	Submission of motion for additional time to present oral argument, 1997-09-05, CJ
1997-09-02	Book of authorities, 10 copies, with service, Completed on: 1997-09-02	Attorney General of Nova Scotia
1997-09-02	Intervener's factum, 24 copies, with service, Completed on: 1997-09-02	Attorney General of Nova Scotia
1997-08-21	General proceeding, response to the motion for additional time (5 copies)	Westcoast Energy Inc.
1997-08-20	Response to the motion for additional time to present oral argument, (Burke-Robertson), Completed on: 1997-08-20	Attorney General of British Columbia
1997-08-19	Response to the motion for additional time to present oral argument, (Simon Fothergill) (fax copy), Completed on: 1997-08-19	Attorney General of Canada
1997-08-08	General proceeding, response (letterform) to the motion for additional time for oral argument	Attorney General of Canada
1997-08-08	Book of authorities, 10 copies, Completed on: 1997-08-08	Attorney General of Canada
1997-08-08	Respondent's factum, 24 copies, with service, Completed on: 1997-08-08	Attorney General of Canada
1997-08-06	Affidavit, 5 copies; W. Stanley Martin, with service	BC Gas Utility Ltd.
1997-08-06	$50.00 filing fee for notice of motion, receipt #34557, with service	BC Gas Utility Ltd.
1997-08-06	Motion for additional time to present oral argument, 5 copies, with service, Completed on: 1997-08-06	BC Gas Utility Ltd.
1997-07-30	Correspondence (sent by the Court) to, from Jim Quail, B.C. Public Interest Advocacy to A. Roland, letter dated July 24, 1997 re: their clients have not applied to intervene; it is not necessary to serve them with any documents
1997-07-24	Proof of service, of the Respondent's factum and the Book of Authorities
1997-07-22	Service, copy of A.G.B.C. AUTHORITIES
1997-07-22	Service, copy of the A.G.B.C. FACTUM
1997-07-21	Book of authorities, 9 copies (1 more copy requested), Completed on: 1997-07-21	Attorney General of British Columbia
1997-07-21	Appeal perfected for hearing, Session beginning on 1997-10-06
1997-07-21	Respondent's factum, 23 copies, Completed on: 1997-07-21	Attorney General of British Columbia
1997-07-15	Correspondence (sent by the Court) to, sent to Smith, Lyon, Torrance, Stevenson & Mayer (Toronto, ON) enclosing a copy of the notice to the profession dealing with condensed books
1997-07-15	Correspondence (sent by the Court) to, sent to National Energy Board (Calgary, AB) enclosing a copy of the notice to the profession dealing with condensed books
1997-07-15	Correspondence (sent by the Court) to, sent to B.C. Public Interest Advocacy Centre (Vancouver, BC) enclosing a copy of the notice to the profession dealing with condensed books
1997-07-15	Correspondence (sent by the Court) to, sent to A.G. of British Columbia (Victoria, BC) enclosing a copy of the notice to the profession dealing with condensed books
1997-07-15	Correspondence (sent by the Court) to, sent to McCarthy Tétrault (Toronto, ON) enclosing a copy of the notice to the profession dealing with condensed books
1997-07-15	Correspondence (sent by the Court) to, sent to Russell & DuMoulin (Vancouver, BC) enclosing a copy of the notice to the profession dealing with condensed books
1997-07-15	Correspondence (sent by the Court) to, sent to A.G. of Canada (Vancouver, BC) enclosing a copy of the notice to the profession dealing with condensed books
1997-06-26	Proof of service, of Case on Appeal vols. 1 to 15
1997-06-18	Proof of service, of Case on appeal vols. 1 to 15
1997-06-13	Appellant's factum, 24 copies (see order of May 28/97), with service, Completed on: 1997-06-13	BC Gas Utility Ltd.
1997-05-30	Order on motion to extend time, to file the Case on Appeal and Appellant's Factum
1997-05-28	Case on appeal, 23 copies of vol. I to XV (see order of May 28/97)	BC Gas Utility Ltd.
1997-05-28	Decision on motion to extend time, to file the case on appeal to May 30/97 and the appellant's factum to June 13/97, G Granted, no order as to costs
1997-05-28	Hearing of motion to extend time, 1997-05-28, to file the case on appeal to May 30/97 and the appellant's factum to June 13/97, G
1997-05-28	Submission of motion to extend time, 1997-05-28, to file the case on appeal to May 30/97 and the appellant's factum to June 13/97, G
1997-05-26	Proof of service, sent to A.G. of British Columbia (Victoria, BC) re: double registered letter sent May 16/97
1997-05-26	Response to motion to extend time, to file the Case on appeal to May 30/97 and the appellant's factum to June 13/97, Completed on: 1997-05-26	Westcoast Energy Inc.
1997-05-26	$50.00 filing fee for notice of motion, receipt #34193	BC Gas Utility Ltd.
1997-05-26	Affidavit, to file the Case on appeal to May 30/97 and the factum to June 13/97; W. Stanley Martin; 2 copies	BC Gas Utility Ltd.
1997-05-26	Motion to extend time, to file the Case on appeal to May 30/97 and the factum to June 13/97; 2 copies, Completed on: 1997-05-26	BC Gas Utility Ltd.
1997-05-23	Proof of service, sent to B.C. Public Interest Advocacy Centre (Vancouver, BC) re: double registered letter sent May 16/97
1997-05-23	Proof of service, sent to Smith, Lyon, Torrance, Stevenson & Mayer (Toronto, ON) re: double registered letter sent May 16/97
1997-05-23	Proof of service, sent to National Energy Board (Calgary, AB) re: double registered letter sent May 16/97
1997-05-23	Proof of service, sent to A.G. of Canada (Vancouver, BC) re: double registered letter sent May 16/97
1997-05-23	Proof of service, sent to Russel & DuMoulin (Vancouver, BC) re: double registered letter sent May 16/97
1997-05-23	Proof of service, sent to McCarthy, Tétrault (Vancouver, BC) re: double registered letter sent May 16/97
1997-05-20	Proof of service, of the notice of constitutional question
1997-05-16	Correspondence (sent by the Court) to, sent to National Energy Board (Calgary, AB) enclosing a Notice from the Registrar pursuant to Rule 45 (DOUBLE REGISTERED)
1997-05-16	Correspondence (sent by the Court) to, sent to A.G. of Canada (Vancouver, BC) enclosing a Notice from the Registrar pursuant to Rule 45 (DOUBLE REGISTERED)
1997-05-16	Correspondence (sent by the Court) to, sent to A.G. of British Columbia (Victoria, BC) enclosing a Notice from the Registrar pursuant to Rule 45 (DOUBLE REGISTERED)
1997-05-16	Correspondence (sent by the Court) to, sent to Smith, Lyon, Torrance, Stevenson & Mayer (Toronto, ON) enclosing a Notice from Registrar pursuant to Rule 45 (DOUBLE REGISTERED)
1997-05-16	Correspondence (sent by the Court) to, sent to B.C. Public Interest Advocacy Centre (Vancouver, BC) enclosing a Notice from the Registrar pursuant to Rule 45 (DOUBLE REGISTERED)
1997-05-16	Correspondence (sent by the Court) to, sent to Russell & DuMoulin (Vancouver, BC) enclosing a Notice from the Registrar pursuant to Rule 45 (DOUBLE REGISTERED)
1997-05-16	Correspondence (sent by the Court) to, sent to McCarthy Tétrault (Vancouver, BC) enclosing a Notice from the Registrar pursuant to Rule 45 (DOUBLE REGISTERED)
1997-05-16	Notice of intervention respecting a constitutional question, With service	Attorney General of Nova Scotia
1997-05-16	Notice of intervention respecting a constitutional question, With service	Attorney General of Saskatchewan
1997-05-14	Notice of intervention respecting a constitutional question, (see order dated April 4, 1997), with service	Attorney General of Alberta
1997-04-18	Notice of constitutional question(s), With service	BC Gas Utility Ltd.
1997-04-16	Order on motion to state a constitutional question
1997-04-04	Decision on the motion to state a constitutional question, (for questions see file). Notices of Intention to intervene are to be filed no later than May 16/97, CJ Granted, no order as to costs
1997-04-04	Hearing of the motion to state a constitutional question, 1997-04-04, (for questions see file). Notices of Intention to intervene are to be filed no later than May 16/97, CJ
1997-04-04	Submission of motion to state a constitutional question, 1997-04-04, (for questions see file). Notices of Intention to intervene are to be filed no later than May 16/97, CJ
1997-04-03	Correspondence (sent by the Court) to, (by fax) dated March 27/97 from Judith B. Hanebury to confirm that she has no objection to the question as formulated by Mr. S. Martin
1997-03-26	Correspondence (sent by the Court) to, from Ian Binnie to Registry, letter dated March 24, 1997 (fax copy) re: the respondent (Westcoast Energy) is content with the formulation of the constitutional questions (original filed Apr. 1/97 )
1997-03-25	Response to the motion to state a constitutional question, of Judith Bowers (as stated in the letter from W. S. Martin dated March 12, 1997 (fax copy), Completed on: 1997-03-25	Attorney General of Canada
1997-03-19	Correspondence (sent by the Court) to, from Ministry of A. G.B.C. (Jennifer Button), letter dated March 5, 1997 (fax copy) re: consent to the phrasing of the constitutional questions as set out in the letters from Russell & DuMoulin (S. Martin) dated Feb. 20, 21, 1997
1997-03-19	Correspondence (sent by the Court) to, from Judith Hanebury to M. Larmour, letter dated March 19, 1997 (fax copy) re: has no objection to the constitutional question formulated by CJ
1997-03-13	Correspondence (sent by the Court) to, (by fax) dated March 12/97 from W. Stanley Martin (Russell & Dumoulin) re: re-drafted proposed constitutional question in response to the letter from the CJ dated Feb. 5/97
1997-02-10	Order granting leave to appeal
1997-02-05	Correspondence (sent by the Court) to, sent to Russell & Dumoulin (Vancouver, B.C.) from CJ to advise that he is not prepared to state constitutional question and to suggest that they now seek the agreement of all the other counsel to a reformulated question which satisfies this requirement c.
1997-02-04	Response to the motion to state a constitutional question, (letterform from McCarthy, Tetrault), Completed on: 1997-02-04	Westcoast Energy Inc.
1997-01-17	Correspondence (sent by the Court) to, (by fax) from Judith B. Hanebury; re: consents to the constitutional questions
1997-01-15	Correspondence (sent by the Court) to, from Judith Hanebury re: service can be effected by Dept. of Justice, Ottawa c/o Joseph de Pencier (joint with R06)
1997-01-07	Response to the motion to state a constitutional question, (letterform by fax), Completed on: 1997-01-07	Attorney General of British Columbia
1997-01-07	Correspondence (sent by the Court) to, (by fax) from Graham Garton; re: takes no position concerning the constitutional question
1996-12-27	$50.00 filing fee for notice of motion, receipt #33279	BC Gas Utility Ltd.
1996-12-27	Motion to state a constitutional question, and affidavit of Cal Burton Johnson; 2 copies, Completed on: 1996-12-27	BC Gas Utility Ltd.
1996-11-15	$10.00 fee for depositing security, receit #33009	BC Gas Utility Ltd.
1996-11-15	$500 security deposit paid, direction #2398	BC Gas Utility Ltd.
1996-11-01	Correspondence (sent by the Court) to, sent to McCarthy Tétrault (Vancouver, BC) c.c. Colin Baxter enclosing copy of Rule 32
1996-11-01	Correspondence (sent by the Court) to, sent to Russell & DuMoulin (Vancouver, BC) enclosing copy of Rule 32 c.c. Scott & Aylen
1996-11-01	Correspondence (sent by the Court) to, sent to A.G. of B.C. (Victoria, BC) enclosing copy of Rule 32 c.c. Burke-Robertson
1996-11-01	Correspondence (sent by the Court) to, sent to A.G. of Canada (Vancouver, BC) enclosing copy of Rule 32
1996-11-01	Correspondence (sent by the Court) to, sent to B.C. Public Interest Advocacy Centre (Vancouver, BC) enclosing copy of Rule 32
1996-11-01	Correspondence (sent by the Court) to, sent to National Energy Board (Calgary, AB) enclosing copy of Rule 32
1996-11-01	Correspondence (sent by the Court) to, sent to Smith, Lyon, Torrance, Stevenson & Mayer (Toronto, ON) enclosing copy of Rule 32
1996-10-31	Proof of service, of Notice of Appeal
1996-10-31	Notice of appeal, Completed on: 1996-10-31	BC Gas Utility Ltd.
1996-10-03	Judgment of the Court on the application for leave to appeal, L'HD So McL, The application for leave to appeal is granted. (REVISED ON OCT 24/96 FOR STYLE OF CAUSE ONLY) Granted, no order as to costs
1996-10-03	Notice of deposit of judgment issued to all parties, B.C. Public Interest Advocacy Centre (Vancouver, BC)
1996-10-03	Notice of deposit of judgment issued to all parties, Smith, Lyon, Torrance, Stevenson & Mayer (Toronto, ON)
1996-10-03	Notice of deposit of judgment issued to all parties, Burke-Robertson
1996-10-03	Notice of deposit of judgment issued to all parties, A.G. of Canada
1996-10-03	Notice of deposit of judgment issued to all parties, National Energy Board (Calgary, AB)
1996-10-03	Notice of deposit of judgment issued to all parties, McCarthy, Tetrault
1996-10-03	Notice of deposit of judgment issued to all parties, Scott & Aylen
1996-10-03	Notice of deposit of judgment issued to all parties, Scott & Aylen
1996-06-28	All materials on application for leave submitted to the Judges, L'HD So McL
1996-06-05	Proof of service, of response
1996-05-16	Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1996-05-16	BC Gas Utility Ltd.
1996-05-14	Proof of service, of the respondent's response
1996-05-09	Respondent's response on the application for leave to appeal, 5 copies, Completed on: 1996-05-09	Westcoast Energy Inc.
1996-05-07	Respondent's response on the application for leave to appeal, 5 copies, Completed on: 1996-05-07	Consumers' Association of Canada
1996-04-19	Correspondence received from, from Justice Dept. to Registrar, letter dated April 16/96 re: will not be taking any position and will not be filing any submission (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL)	Attorney General of Canada
1996-04-16	Correspondence received from, sent to McCarthy, Tétrault (Ottawa, ON) enclosing copy of letter dated Apr 16/96 sent to applicant
1996-04-16	Correspondence received from, sentto National Energy Board (Calgary, AB) enclosing copy of letter dated Apr 16/96 sent to applicant
1996-04-16	Correspondence received from, sent to A.G. of Canada (Ottawa, ON) enclosing copy of letter dated Apr 16/96 sent to applicant
1996-04-16	Correspondence received from, sent to Burke-Robertson enclosing copy of letter dated Apr 16/96 sent to applicant
1996-04-16	Correspondence received from, sent to Smith, Lyon, torrance, Stevenson & Mayer (Toronto, ON) enclosing copy of letter dated Apr 16/96 sent to applicant
1996-04-16	Correspondence received from, sent to B.C. Public Interest Advocacy Centre (Vancouver, BC) enclosing copy of letter dated Apr 16/96 sent to applicant
1996-04-16	Correspondence received from, sent to Scott & Aylen (Ottawa, ON) to acknowledge receipt of material commencing a proceeding together with filing fee
1996-04-15	Correspondence received from, from Judith B. Hanabury, letter dated April 10/96 re: taking no position in relation to this application and will be filing NO SUBMISSIONS (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL)	National Energy Board
1996-04-10	General proceeding, to note 5 copie of the List of Authorities (to be stapled to the application)	BC Gas Utility Ltd.
1996-04-09	$50.00 filing fee, receipt no. 31856	BC Gas Utility Ltd.
1996-04-09	Application for leave to appeal, 5 copies (service admitted on April 8/96), with service, Completed on: 1996-04-09	BC Gas Utility Ltd.

Parties

Main parties

Main parties - Appellants

Name	Role	Status
BC Gas Utility Ltd.	Applicant	Active

v.

Main parties - Respondents

Name	Role	Status
Westcoast Energy Inc.	Respondent	Active
National Energy Board	Respondent	Active
Attorney General of Canada	Respondent	Active
Attorney General of British Columbia	Respondent	Active

And Between

Sub parties (1) - Appellants

Name	Role	Status
BC Gas Utility Ltd.	Applicant	Active

v.

Sub parties (1) - Respondents

Name	Role	Status
Westcoast Energy Inc.	Respondent	Active
National Energy Board	Respondent	Active
Attorney General of Canada	Respondent	Active
Attorney General of British Columbia	Respondent	Active

Other parties

Other parties

Name	Role	Status
Attorney General of Alberta	Intervener	Active
Attorney General of Saskatchewan	Intervener	Active
Attorney General of Nova Scotia	Intervener	Active

Counsel

Summary

Filed documents

Webcasts

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Related links

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