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.
25975
M.J.B. Enterprises Ltd. v. Defence Construction (1951) Limited, et al.
(Alberta) (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) |
|---|---|---|
| 1999-09-14 | Appeal closed | |
| 1999-06-03 | Record returned to the Registrar of the Court of Appeal | |
| 1999-05-05 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 1999-05-05 | Copy of formal judgment being prepared | |
| 1999-04-23 | Notice of deposit of judgment sent to all parties | |
| 1999-04-22 |
Judgment on the appeal rendered, CJ Co McL Ia Ma Ba Bi, The appeal is allowed. The judgment of the Court of Appeal and the order of Rowbotham J. at trial are set aside and judgment for the appellant in the amount of $398, 121.27 is substituted. The appellant shall have its costs here and in the courts below. The matter of the two remaining issues in dispute regarding damages is remanded to the Court of Queen's Bench of Alberta for determination. Allowed, costs in this Court and courts below |
|
| 1998-11-20 | Transcript received, and distributed to the justices (69 pages) | |
| 1998-11-06 |
Hearing of the appeal, 1998-11-06, CJ Co McL Ia Ma Ba Bi Decision reserved |
|
| 1998-11-05 | General proceeding, (12 copies of book of excerpts) | M.J.B. Enterprises Ltd. |
| 1998-10-29 | Notice of appearance, (Larry M. Huculak) (fax copy) | Defence Construction (1951) Limited |
| 1998-10-15 |
Decision on motion to extend time, to file the motion to intervene, Ba Dismissed, no order as to costs |
|
| 1998-10-15 | Submission of motion to extend time, Ba | |
| 1998-10-15 |
Decision on motion to extend time, Ba Dismissed, no order as to costs |
|
| 1998-10-15 | Submission of motion to extend time, Ba | |
| 1998-10-15 | Appeal court record, 3 boxes joint with Trial records | |
| 1998-10-15 |
Decision on motion to extend time, for leave to intervene, Ba Dismissed, no order as to costs |
|
| 1998-10-15 | Hearing of motion to extend time, 1998-10-15, for leave to intervene, Ba | |
| 1998-10-15 | Submission of motion to extend time, 1998-10-15, for leave to intervene, Ba | |
| 1998-10-15 |
Decision on the motion for leave to intervene, Ba, In view of the scope of the matters to be addressed in the proposed intervention, the late date at which the motion was filed and the lack of justification for the delay in filing the motion. The motion for an extension of time and for leave to intervene is denied. Dismissed, no order as to costs |
|
| 1998-10-15 | Hearing of motion for leave to intervene, 1998-10-15, Ba | |
| 1998-10-15 | Submission of motion for leave to intervene, 1998-10-15, Ba | |
| 1998-10-14 | General proceeding, (response to the motion to intervene by B.C. Hydro and Power Authority) - fax copy (original received on Oct. 15/98 with service) | M.J.B. Enterprises Ltd. |
| 1998-10-05 | $50.00 filing fee for notice of motion, receipt no. 31295 | British Columbia Hydro & Power Authority |
| 1998-10-05 | Motion to extend time, to file the motion to intervene (joint), with service, Completed on: 1998-10-05 | British Columbia Hydro & Power Authority |
| 1998-10-05 | Affidavit, of Jeff Holmes, with service | British Columbia Hydro & Power Authority |
| 1998-10-05 | Motion for leave to intervene, (joint with extension of time) - 5 copies - book form, with service, Completed on: 1998-10-05 | British Columbia Hydro & Power Authority |
| 1998-09-23 | Order on motion for leave to intervene, for Bastarache J.'s order see file | |
| 1998-09-23 | Order on motion for leave to intervene, for Bastarache J.'s order see file | |
| 1998-09-23 |
Decision on the motion for leave to intervene, Ba Dismissed, no order as to costs |
|
| 1998-09-23 | Hearing of motion for leave to intervene, 1998-09-23, Ba | |
| 1998-09-23 | Submission of motion for leave to intervene, 1998-09-23, Ba | |
| 1998-09-23 |
Decision on the motion for leave to intervene, Ba Dismissed, no order as to costs |
|
| 1998-09-23 | Hearing of motion for leave to intervene, 1998-09-23, Ba | |
| 1998-09-23 | Submission of motion for leave to intervene, 1998-09-23, Ba | |
| 1998-09-22 | General proceeding, 2 copies of reply to the responses of the appellants and respondents on motion to intervene (joint with Watermain Construction), with service | Ontario Sewer and Watermain Construction Association |
| 1998-09-17 | General proceeding, 5 copies of response to the applications for leave by Ontario Sewer, et al - book form, with service | M.J.B. Enterprises Ltd. |
| 1998-09-11 |
Appeal hearing scheduled, 1998-11-06 Decision reserved |
|
| 1998-09-10 | Correspondence (sent by the Court) to, from Cassels, Brock, letter dated Sept. 9, 1998 (fax copy) re: will file reply to the responses to motions to intervene by next week | |
| 1998-09-08 | Correspondence (sent by the Court) to, from W. Goodfellow to A. Roland, letter dated Sept. 4, 1998 (fax copy) re: will response to motions to intervene during the week of Sept. 8, 1998 | |
| 1998-09-08 | General proceeding, RESPONSE to motion to intervene by B.C. Constructi on Forum (bookform) 5 copies, with service | Defence Construction (1951) Limited |
| 1998-09-04 | General proceeding, 5 copies of Respondent's response to the motion to intervene by Ontario Sewer - book form, with service | Defence Construction (1951) Limited |
| 1998-09-01 | $50.00 filing fee for notice of motion, receipt no. 31095 | British Columbia Construction Forum |
| 1998-09-01 | Affidavit, of P. Hochstein - book form, with service | British Columbia Construction Forum |
| 1998-09-01 | Motion to extend time, to file the motion to intervene - book form, with service, Completed on: 1998-09-01 | British Columbia Construction Forum |
| 1998-09-01 | Motion for leave to intervene, 5 copies (book form) (joint with extension of time), with service, Completed on: 1998-09-01 | British Columbia Construction Forum |
| 1998-08-27 | $50.00 filing fee for notice of motion, receipt no. 31074 | Ontario Sewer and Watermain Construction Association |
| 1998-08-27 | Motion to extend time, to file the motion to intervene - book form, with service, Completed on: 1998-08-27 | Ontario Sewer and Watermain Construction Association |
| 1998-08-27 | Affidavit, of Salvatore Morra - book form, with service | Ontario Sewer and Watermain Construction Association |
| 1998-04-30 | Appeal perfected for hearing, Session beginning on 1998-10-05 | |
| 1998-04-30 | Book of authorities, 12 copies, with service, Completed on: 1998-04-30 | Defence Construction (1951) Limited |
| 1998-04-30 | Respondent's record, 24 copies, with service, Completed on: 1998-04-30 | Defence Construction (1951) Limited |
| 1998-04-30 | Respondent's factum, 24 copies, with service, Completed on: 1998-04-30 | Defence Construction (1951) Limited |
| 1998-04-27 | Motion for leave to intervene, 2 copies (book form), with service, Completed on: 1998-04-27 | Ontario Sewer and Watermain Construction Association |
| 1998-03-05 | Appellant's factum, 24 copies, with service, Completed on: 1998-03-05 | M.J.B. Enterprises Ltd. |
| 1998-03-05 | Book of authorities, 12 copies of vol. I & II, with service, Completed on: 1998-03-05 | M.J.B. Enterprises Ltd. |
| 1998-03-05 | Appellant's record, 24 copies of vol. I to V, with service, Completed on: 1998-03-05 | M.J.B. Enterprises Ltd. |
| 1997-12-31 | Correspondence (sent by the Court) to, from W. Donald Goodfellow, Q.C.; re: no constitutional question | |
| 1997-11-13 | Correspondence (sent by the Court) to, sent to A.G. of Canada (Edmonton, AB) enclosing copy of Rule 32 | |
| 1997-11-13 | Correspondence (sent by the Court) to, sent to W. Donald Goodfellow, Q.C. (Calgary, AB) enclosing copy of Rule 32 | |
| 1997-11-07 | Notice of appeal, Completed on: 1997-11-07 | M.J.B. Enterprises Ltd. |
| 1997-10-20 | Notice of deposit of judgment issued to all parties, Lang, Michener (Ottawa, ON) | |
| 1997-10-20 | Notice of deposit of judgment issued to all parties, A.G. of Canada (Ottawa, ON) | |
| 1997-10-16 |
Decision on motion to extend time to file and /or serve the leave application, CJ Co McL, FICTITIOUS Granted, no order as to costs |
|
| 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 on the following issues only: To determine if the standard clause (the lowest or any tender shall not necessarily be accepted), also known as the privilege clause: (i) Allows a person calling for tenders to completely disregard the lowest proper and acceptable valid tender and to award the contract to anyone, including a non-compliant tenderer or to a contractor which did not submit a tender through the tendering process, and that such is an issue of national and public importance to commerce and to the construction industry regarding the law of tendering in Canada. (ii) Allows the person calling for tenders an absolute and unfettered discretion in awarding the contract, and that such is an issue of national and public importance to commerce and to the construction industry regarding the law of tendering in Canada. (iii) Allows the person calling for tenders to then commence bid shopping with contractors submitting tenders and contractors not submitting tenders and that such is an issue of national and public importance to commerce and to the construction industry regarding the law of tendering in Canada. Granted, no order as to costs |
|
| 1997-10-07 | General proceeding, Mr. Goodfellow advised that a motion is requested to refer his documents to the Court | |
| 1997-10-07 | Correspondence received from, (by fax) from Larry M. Huculak; re: objecting to the judgment filed by Mr. Goodfellow be referred to the Court | Defence Construction (1951) Limited |
| 1997-10-02 | Correspondence received from, from W. Donald Goodfellow with enclosed recent decision of Alberta Court of Queen's Bench and the Ontario Court (General Division) to be referred to the Court | M.J.B. Enterprises Ltd. |
| 1997-09-24 | Correspondence received from, from W. Donald Goodfellow, Q.C.; re: omission from the objective summary | M.J.B. Enterprises Ltd. |
| 1997-07-18 | Submission of motion to extend time to file and/ or serve the leave application, CJ Co McL | |
| 1997-07-18 | All materials on application for leave submitted to the Judges, CJ Co McL | |
| 1997-07-16 | Correspondence received from, from Lang, Michener, letter dated July 16, 1997 re: formal order of C.A. not yet available because issues of costs are presently being considered by the Court (to be sent with the application for leave to appeal) (letter from D. Goodfellow to E. Meehan a | M.J.B. Enterprises Ltd. |
| 1997-06-17 |
Decision on the miscellaneous motion, - to extend time to file additional material in support of their application for leave to appeal, McL Granted, no order as to costs |
|
| 1997-06-17 | Hearing of miscellaneous motion, 1997-06-17, - to extend time to file additional material in support of their application for leave to appeal, McL | |
| 1997-06-17 | Submission of miscellaneous motion, 1997-06-17, - to extend time to file additional material in support of their application for leave to appeal, McL | |
| 1997-06-16 | General proceeding, 5 copies of REPLY TO THE RESPONSE, with service | M.J.B. Enterprises Ltd. |
| 1997-06-13 | General proceeding, 5 copies of RESPONSE TO TH MOTION TO EXTEND THE TIME - book form | Defence Construction (1951) Limited |
| 1997-06-11 | General proceeding, to note a copy of a New Zeland High Court decision "Pratt Contractors Ltd v. Palmerston North City Council", with service | M.J.B. Enterprises Ltd. |
| 1997-06-05 | Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1997-06-05 | M.J.B. Enterprises Ltd. |
| 1997-06-04 | Motion to extend the time to file and or serve the application for leave to appeal, (to file additionnal material in support of leave application) (joint with misc. motion - 5 copies - book form), with service, Completed on: 1997-06-04 | M.J.B. Enterprises Ltd. |
| 1997-06-04 | $50.00 filing fee for a notice of motion, receipt no. 34267 | M.J.B. Enterprises Ltd. |
| 1997-06-04 | Affidavit, of Cheryl Polvi re: motion to file additionnal material in support of leave application (book form) - 5 copies, with service | M.J.B. Enterprises Ltd. |
| 1997-06-04 | Notice of miscellaneous motion, (to file additionnal materials in suppport of the application for leave to appeal) - 5 copies - book form (joint with extension of time), with service, Completed on: 1997-06-04 | M.J.B. Enterprises Ltd. |
| 1997-05-29 | Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1997-05-29 | Defence Construction (1951) Limited |
| 1997-05-27 | Correspondence received from, (by fax) from W. Donald Goodfellow; re: the formal order is not yet entered | M.J.B. Enterprises Ltd. |
| 1997-05-15 | Correspondence received from, sent to A.G. of Canada enclosing copy of letter dated May 15/97 sent to applicant | |
| 1997-05-15 | Correspondence received from, sent to Lang, Michener to acknowledge receipt of application for leave to appeal | |
| 1997-05-02 | $50.00 filing fee, receipt #34057 | M.J.B. Enterprises Ltd. |
| 1997-05-02 | Application for leave to appeal, Completed on: 1997-07-18 | M.J.B. Enterprises Ltd. |
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 |
|---|---|---|
| M.J.B. Enterprises Ltd. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Defence Construction (1951) Limited | Respondent | Active |
| Defence Construction (1951) Limited c.o.b. under the name of Defence Construction Canada | Respondent | Active |
| Defence Construction Canada | Respondent | Active |
Counsel
Party: M.J.B. Enterprises Ltd.
Counsel
Suite 715
Calgary, Alberta
T2R 1J5
Telephone: (403) 228-7102
FAX: (403) 228-7199
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: Defence Construction (1951) Limited
Counsel
300 - 10199, 101 Street North West
Edmonton, Alberta
T5J 3Y4
Telephone: (780) 495-2974
FAX: (780) 495-2964
Agent
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca
Party: Defence Construction (1951) Limited c.o.b. under the name of Defence Construction Canada
Counsel
300 - 10199, 101 Street North West
Edmonton, Alberta
T5J 3Y4
Telephone: (780) 495-2974
FAX: (780) 495-2964
Agent
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca
Party: Defence Construction Canada
Counsel
300 - 10199, 101 Street North West
Edmonton, Alberta
T5J 3Y4
Telephone: (780) 495-2974
FAX: (780) 495-2964
Agent
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca
Summary
Keywords
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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.
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Lower court rulings
Court of Queen’s Bench of Alberta
9101-18593
Dismissed
Court of Appeal of Alberta (Calgary)
15973
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
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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
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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.
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