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26484

Carpenter Fishing Corporation, et al. v. Her Majesty the Queen in Right of Canada, et al.

(Federal) (Civil) (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)
2000-01-13 Close file on Leave
2000-01-12 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2000-01-12 Copy of formal judgment on leave being prepared
1999-11-02 Certificate of taxation issued to, P. Richmire (Justice Canada)
1999-11-01 Decision on the bill of costs, taxed at $889.15, Reg
1999-11-01 Submission of the bill of costs, Reg
1999-10-22 Bill of costs, Completed on: 1999-10-22 Her Majesty the Queen in Right of Canada
1999-10-15 Notice of deposit of judgment issued to all parties
1999-10-14 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is dismissed with costs.
Dismissed, with costs
1999-08-23 All materials on application for leave submitted to the Judges, Ia Ma Bi
1999-06-10 Applicant's reply to respondent's argument, Completed on: 1999-06-10 Carpenter Fishing Corporation
1999-06-04 Respondent's response on the application for leave to appeal, Completed on: 1999-06-04 Her Majesty the Queen in Right of Canada
1999-05-27 Correspondence received from, Murray L. Smith (by fax) dated May 27/99 in response to Mr. Wruck's letter of May 25/99 Carpenter Fishing Corporation
1999-05-25 Correspondence received from, Harry J. Wruck, Q.C. (by fax) dated May 25/99 in response to Mr. Smith's letter of May 17/99 Her Majesty the Queen in Right of Canada
1999-05-18 Correspondence received from, Murray L. Smith (by fax) dated May 17/99 in response to Mr. Wruck's letter of May 13/99 Carpenter Fishing Corporation
1999-05-14 Correspondence received from, Harry J. Wruck, Q.C. (by fax) dated May 13/99 re: no basis the applicants entitled to pursue this application Her Majesty the Queen in Right of Canada
1999-05-07 Application for leave to appeal, (SECOND application), Completed on: 1999-05-07 Carpenter Fishing Corporation
1999-02-12 Correspondence received from, from H. Wruck dated Feb. 10, 1999 re: costs on rehearing (M. Larmour advised on Feb. 22, 1999, that he would have to make a motion for reconsideration) Her Majesty the Queen in Right of Canada
1999-01-28 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
1999-01-28 Copy of formal judgment on leave being prepared
1998-12-18 Certificate of taxation issued to, Pamela Richmire, Justice Canada
1998-12-17 Decision on the bill of costs, at $693.24, Reg
Granted, no order as to costs
1998-12-17 Submission of the bill of costs, Reg
1998-12-07 Bill of costs, Completed on: 1998-12-07 Her Majesty the Queen in Right of Canada
1998-11-20 Notice of deposit of judgment issued to all parties, all parties
1998-11-19 Decision on the motion for reconsideration of the application for leave to appeal, Co Ma Bi, The application for an oral hearing and the application for reconsideration are dismissed.

Dismissed, no order as to costs
1998-10-27 Reply to motion for reconsideration of the application for leave to appeal, 6 copies, with service, Completed on: 1998-10-27 Carpenter Fishing Corporation
1998-10-22 Correspondence received from, from E. Cherniak to M. Larmour, letter dated Oct. 22, 1998 (fax copy) re: requesting an extension to Oct.27, 1998 to file a reply sent to Co Ma Bi, Oct 28/98 Carpenter Fishing Corporation
1998-10-16 Response to motion for reconsideration of the application for leave to appeal, (Joint with R02) sent to Co Ma Bi, Oct. 22/98, with service, Completed on: 1998-10-16 Her Majesty the Queen in Right of Canada
1998-10-13 Submission of motion for reconsideration of the application for leave to appeal to panel, Co Ma Bi
1998-09-28 Correspondence received from, from H. Wruck to M. Larmour, letter dated Sept. 25, 1998 (fax copy) re: will file a response on motion for reconsideration by Oct. 9, 1998 Her Majesty the Queen in Right of Canada
1998-09-21 $50.00 filing fee for a notice of motion, for reconsideration receipt #31196 Carpenter Fishing Corporation
1998-09-21 Motion for reconsideration of the application for leave to appeal, and for an oral hearing, with service, Completed on: 1998-09-21 Carpenter Fishing Corporation
1998-09-21 Notice of change of solicitor, to appoint Lerner & Associates (Earl A. Cherniak, Q.C.) to replace Campney & Murphy, with service Carpenter Fishing Corporation
1998-09-01 Copy of formal judgment on leave being prepared, all parties
1998-08-31 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, F.C.A. (Ottawa, Ontario)
1998-08-21 Notice of deposit of judgment issued to all parties, all parties
1998-08-20 Judgment of the Court on the application for leave to appeal, Co Ma Bi, The request for an oral hearing is dismissed and the application for leave to appeal is dismissed with costs.
Dismissed, with costs
1998-06-30 Correspondence received from, from H.J. Wruck, Q.C.; re: objective summary & Mr. Smith letter of June 17\98 sent to Co Ma Bi, July 2/98 Her Majesty the Queen in Right of Canada
1998-06-18 Correspondence received from, (by fax) from M.L. Smith; re: seek leave to make oral submissions sent to Co Ma Bi, July 7/98 Carpenter Fishing Corporation
1998-06-08 All materials on application for leave submitted to the Judges, Co Ma Bi
1998-03-30 Correspondence received from, from Harry Wruck to M. Larmour, letter dated March 27, 1998 re: in the applicant's reply, the applicants raise new issue (to be sent with the application for leave to appeal) Her Majesty the Queen in Right of Canada
1998-03-23 Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1998-03-23 Carpenter Fishing Corporation
1998-03-17 Respondent's response on the application for leave to appeal, 5 COPIES, with service, Completed on: 1998-03-17 Her Majesty the Queen in Right of Canada
1998-03-04 Correspondence received from, sent to Gowling, Strathy & Henderson and A.G. of Canada re: receipt of material commencing a proceeding together with filing fee
1998-02-18 $50.00 filing fee, receipt no. 30148 Carpenter Fishing Corporation
1998-02-18 Application for leave to appeal, 5 copies, with service, Completed on: 1998-02-18 Carpenter Fishing Corporation

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
Carpenter Fishing Corporation Applicant Active
Johannes, Don Applicant Active
Etheridge, Kaarina Applicant Active
White Hope Holdings Ltd. Applicant Active
Simpson Fishing Co. Ltd. Applicant Active
Johnson, Norman Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen in Right of Canada Respondent Active
Minister of Fisheries and Oceans, Bernard Valcourt Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Titan Fishing Ltd. Applicant Active

v.

Sub parties (1) - Respondents
Name Role Status
Her Majesty the Queen in Right of Canada Respondent Active
Minister of Fisheries and Oceans, Bernard Valcourt Respondent Active

Counsel

Party: Carpenter Fishing Corporation

Counsel
Murray L. Smith
Campney & Murphy
2100 - 1111 West Georgia Street
P.O. Box 48800, Stn Bentall Centre
Vancouver, British Columbia
V7X 1K9
Telephone: (604) 661-7630
FAX: (604) 688-0822
Email: msmith@campney.com
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Johannes, Don

Counsel
Murray L. Smith
Campney & Murphy
2100 - 1111 West Georgia Street
P.O. Box 48800, Stn Bentall Centre
Vancouver, British Columbia
V7X 1K9
Telephone: (604) 661-7630
FAX: (604) 688-0822
Email: msmith@campney.com
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Etheridge, Kaarina

Counsel
Murray L. Smith
Campney & Murphy
2100 - 1111 West Georgia Street
P.O. Box 48800, Stn Bentall Centre
Vancouver, British Columbia
V7X 1K9
Telephone: (604) 661-7630
FAX: (604) 688-0822
Email: msmith@campney.com
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: White Hope Holdings Ltd.

Counsel
Murray L. Smith
Campney & Murphy
2100 - 1111 West Georgia Street
P.O. Box 48800, Stn Bentall Centre
Vancouver, British Columbia
V7X 1K9
Telephone: (604) 661-7630
FAX: (604) 688-0822
Email: msmith@campney.com
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Simpson Fishing Co. Ltd.

Counsel
Murray L. Smith
Campney & Murphy
2100 - 1111 West Georgia Street
P.O. Box 48800, Stn Bentall Centre
Vancouver, British Columbia
V7X 1K9
Telephone: (604) 661-7630
FAX: (604) 688-0822
Email: msmith@campney.com
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Johnson, Norman

Counsel
Murray L. Smith
Campney & Murphy
2100 - 1111 West Georgia Street
P.O. Box 48800, Stn Bentall Centre
Vancouver, British Columbia
V7X 1K9
Telephone: (604) 661-7630
FAX: (604) 688-0822
Email: msmith@campney.com
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Titan Fishing Ltd.

Counsel
Murray L. Smith
Campney & Murphy
2100 - 1111 West Georgia Street
P.O. Box 48800, Stn Bentall Centre
Vancouver, British Columbia
V7X 1K9
Telephone: (604) 661-7630
FAX: (604) 688-0822
Email: msmith@campney.com
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Her Majesty the Queen in Right of Canada

Counsel
Harry J. Wruck, Q.C.
Attorney General of Canada
840 Howe Street
Suite 900
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-2134
FAX: (604) 666-2760
Email: harry.wruck@justice.gc.ca

Party: Minister of Fisheries and Oceans, Bernard Valcourt

Counsel
Harry J. Wruck, Q.C.
Attorney General of Canada
840 Howe Street
Suite 900
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-2134
FAX: (604) 666-2760
Email: harry.wruck@justice.gc.ca

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

November 14, 1996
Federal Court of Canada, Trial Division

T-554-91 / T-974-91

See file

December 23, 1997
Federal Court of Appeal

A-941-96

Appeal allowed and actions dismissed

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

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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

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Webcasts

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Date modified: 2025-02-27