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25944

Attorney General of Canada v. Canadianoxy Chemicals Ltd., et al.

(British Columbia) (Criminal) (By Leave)

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)
1999-04-23 Written reasons rendered after oral judgment, CJ L'HD G Co Ia Ma Bi
Allowed, no order as to costs
1999-02-09 Formal judgment sent to the registrar of the court of appeal and all parties
1999-02-09 Copy of formal judgment being prepared
1998-12-31 Transcript received, and distributed to the justices (37 pages)
1998-12-10 Judgment on the appeal rendered, CJ L'HD G Co Ia Ma Bi, Reasons to follow. (REASONS DELIVERED APRIL 23/1999)
Allowed, no order as to costs
1998-12-10 Hearing of the appeal, 1998-12-10, CJ L'HD G Co Ia Ma Bi
Judgment rendered
1998-12-10 Respondent's condensed book, (given in Court) Canadianoxy Chemicals Ltd.
1998-12-03 Notice of appearance, of S. David Frankel, Q.C. and Kenneth Yule at the hearing of the appeal Attorney General of Canada
1998-12-02 Order on motion to extend time, to serve and file the factum
1998-11-24 Decision on motion to extend time, to serve and file the intervener A.G. ON's factum to Oct. 19/98 and book of authorities to Nov. 2/98, Reg
Granted, no order as to costs
1998-11-24 Submission of motion to extend time, Reg
1998-11-18 Response to motion to extend time, (joint consent with the respondent), Completed on: 1998-11-18 Attorney General of Canada
1998-11-17 Motion to extend time, to file the factum to Oct. 19, 1998 and authorities to Nov. 2, 1998, Completed on: 1998-11-17 Attorney General for Ontario
1998-11-02 Book of authorities, (extension of time requested), with service, Completed on: 1998-11-02 Attorney General for Ontario
1998-10-19 Intervener's factum, (extension of time requested), with service, Completed on: 1998-10-19 Attorney General for Ontario
1998-09-28 Appeal hearing scheduled, 1998-12-10
Judgment rendered
1998-08-31 Response to motion to extend time, to file the respondent's factum, statutes and authorities to Aug. 26, 1998 (R. Frater) (fax copy), Completed on: 1998-08-31 Attorney General of Canada
1998-08-31 Affidavit, to file the respondent's factum, statutes and authorities to Aug. 26, 1998 (J. McLean) Canadianoxy Chemicals Ltd.
1998-08-31 $50.00 filing fee for notice of motion, receipt no. 31085 Canadianoxy Chemicals Ltd.
1998-08-31 Proof of service, of the respondent's factum, authorities and book of statutes
1998-08-31 Order on motion to extend time, to serve and file the Respondent's factum, book of authorities and book of statutes to Aug. 26/98, nunc pro tunc
1998-08-31 Decision on motion to extend time, to serve and file the Respondent's factum, book of authorities and book of statutes to Aug. 26/98, nunc pro tunc
Granted, no order as to costs
1998-08-31 Submission of motion to extend time, 1998-08-31, to serve and file the Respondent's factum, book of authorities and book of statutes to Aug. 26/98, nunc pro tunc, Reg
1998-08-31 Motion to extend time, to file the respondent's factum, statutes and authorities to Aug. 26, 1998, Completed on: 1998-08-31 Canadianoxy Chemicals Ltd.
1998-08-26 Proof of service, of the respondent's factum (book form), with service
1998-08-25 Book of authorities, 12 copies, Completed on: 1998-08-25 Canadianoxy Chemicals Ltd.
1998-08-25 General proceeding, 12 copies of book of statutes Canadianoxy Chemicals Ltd.
1998-08-25 Respondent's factum, 24 copies (extension of time requested), Completed on: 1998-08-25 Canadianoxy Chemicals Ltd.
1998-08-12 Decision on motion to extend time, for leave to intervene, Ia
Granted, no order as to costs
1998-08-12 Submission of motion to extend time, 1998-08-12, for leave to intervene, Ia
1998-08-12 Decision on the motion for leave to intervene, Ia, - The applicant shall be entitled to serve and file a factum not to exceed 30 pages in length and to present oral argument not to exceed 15 minutes - The applicant shall pay to the respondent's any additional disbursements occasioned to the respondents by the intervention
Granted, no order as to costs
1998-08-12 Submission of motion for leave to intervene, 1998-08-12, Ia
1998-08-11 Response to the motion for leave to intervene, by A. G. Ontario (R. Frater) (fax copy), Completed on: 1998-08-11 Attorney General of Canada
1998-08-06 Notice of hearing, With service Attorney General of Canada
1998-07-31 General proceeding, (response to the motion to intervene by A.G. Ontario) (fax copy) Canadianoxy Chemicals Ltd.
1998-07-24 Affidavit, of Carol Brewer (2 copies), with service Attorney General for Ontario
1998-07-24 $50.00 filing fee for notice of motion, receipt no. 30903 Attorney General for Ontario
1998-07-24 Motion to extend time, to file the motion to intervene (2 copies), with service, Completed on: 1998-07-24 Attorney General for Ontario
1998-07-24 Motion for leave to intervene, (joint with extension of time), with service, Completed on: 1998-07-24 Attorney General for Ontario
1998-07-15 Appeal perfected for hearing, Session beginning on 1998-10-05
1998-05-20 Book of authorities, 12 copies, with service, Completed on: 1998-05-20 Attorney General of Canada
1998-05-20 Appellant's factum, 24 copies (see order of March 27/98), with service, Completed on: 1998-05-20 Attorney General of Canada
1998-04-29 Correspondence (sent by the Court) to, from Gowlings; re: error in the bulletin
1998-03-30 Order on motion to extend time, to serve and file their Factum and Book of Authorities
1998-03-27 Decision on motion to extend time, to file their factum to May 29/98, Reg
Granted, no order as to costs
1998-03-27 Submission of motion to extend time, 1998-03-27, to file their factum to May 29/98, Reg
1998-03-26 Correspondence (sent by the Court) to, from R. Frater to A. Roland, letter dated March 26 , 1998 (fax copy) re: has no further submissions with regards to the motion to extend the time
1998-03-17 General proceeding, submissions opposing the appellant's motion to extend the time Canadianoxy Chemicals Ltd.
1998-03-09 $50.00 filing fee for notice of motion, (deducted from Justice account) Attorney General of Canada
1998-03-09 Affidavit, to serve and file the appellant's factum and book of authorities to May 29\98; 2 copies; S. javid Frankel, Q.C., with service Attorney General of Canada
1998-03-09 Motion to extend time, to serve and file the appellant's factum and book of authorities to May 29\98, with service, Completed on: 1998-03-09 Attorney General of Canada
1998-03-09 Appellant's record, 24 copies, with service, Completed on: 1998-03-09 Attorney General of Canada
1997-11-13 Correspondence (sent by the Court) to, sent to Edwards Kenny & Bray (Vancouver, BC) enclosing copy of Rule 32
1997-11-13 Correspondence (sent by the Court) to, sent to A.G. of Canada (Vancouver, BC) enclosing copy of Rule 32
1997-11-12 Notice of appeal, With service, Completed on: 1997-11-12 Attorney General of Canada
1997-10-20 Notice of deposit of judgment issued to all parties, A.G. of Canada (Ottawa, ON)
1997-10-20 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1997-10-16 Judgment of the Court on the application for leave to appeal, CJ Co McL, The application for leave to appeal is granted.
Granted, no order as to costs
1997-08-22 All materials on application for leave submitted to the Judges, CJ Co McL
1997-06-17 Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1997-06-17 Canadianoxy Chemicals Ltd.
1997-05-30 Correspondence received from, sent to Gowling, Strathy & Henderson enclosing copy of letter dated May 30/97 sent to applicant
1997-05-30 Correspondence received from, sent to A.G. of Canada to acknowledge receipt of material commencing a proceeding together with filing fee
1997-05-16 Application for leave to appeal, 5 copies, with service, Completed on: 1997-05-16 Attorney General of Canada
1997-04-09 $50.00 filing fee, receipt taken from Justice account Attorney General of Canada
1997-04-09 General proceeding, to note a copy of the C/A reasons Attorney General of Canada
1997-04-09 Notice of application for leave to appeal, With service Attorney General of Canada

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

Main parties - Appellants
Name Role Status
Attorney General of Canada Applicant Active

v.

Main parties - Respondents
Name Role Status
Canadianoxy Chemicals Ltd. Respondent Active
CanadianOxy Industrial Chemicals Limited Partnership Respondent Active
Canadian Occidental Petroleum Ltd. Respondent Active

Other parties

Other parties
Name Role Status
Attorney General for Ontario Intervener Active

Counsel

Party: Attorney General of Canada

Counsel
Name
S. David Frankel, Q.C.
Contact information
Attorney General of Canada
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0211
FAX: (604) 666-1599
Agent
Name
Robert J. Frater
Contact information
Attorney General of Canada
Department of Justice
284 Wellington Street, 2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca

Party: Canadianoxy Chemicals Ltd.

Counsel
Name
Gary A. Letcher
Contact information
Edwards, Kenny & Bray
1040 Georgia St West
19th Floor
Vancouver, British Columbia
V6E 4H3
Telephone: (604) 689-1811
FAX: (604) 689-5177
Email: gletcher@ekb.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: CanadianOxy Industrial Chemicals Limited Partnership

Counsel
Name
Gary A. Letcher
Contact information
Edwards, Kenny & Bray
1040 Georgia St West
19th Floor
Vancouver, British Columbia
V6E 4H3
Telephone: (604) 689-1811
FAX: (604) 689-5177
Email: gletcher@ekb.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Canadian Occidental Petroleum Ltd.

Counsel
Name
Gary A. Letcher
Contact information
Edwards, Kenny & Bray
1040 Georgia St West
19th Floor
Vancouver, British Columbia
V6E 4H3
Telephone: (604) 689-1811
FAX: (604) 689-5177
Email: gletcher@ekb.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General for Ontario

Counsel
Name
Michal Fairburn
Contact information
Attorney General for Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2302
FAX: (416) 326-4656
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

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

July 2, 1996
Supreme Court of British Columbia

x

Search warrants quashed

March 26, 1997
Court of Appeal for British Columbia (Vancouver)

022180

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

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

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

Webcasts

Not available.

Date modified: 2025-05-13