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.
26786
City of Nanaimo v. Rascal Trucking Ltd.
(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) |
|---|---|---|
| 2005-07-27 | Payment out cheque issued, ($612.60) | |
| 2005-07-15 | Approved order for payment out, on consent sent to Finance July 15/05 - Document not microfilmed but is on file | |
| 2002-12-20 | Correspondence received from, H. Heringa dated/datée du 12-13-02 | Rascal Trucking Ltd. |
| 2002-10-25 | Correspondence received from, H. Heringa dated Oct. 23/02 re: enclosing copies of letters | Rascal Trucking Ltd. |
| 2002-10-04 | Correspondence received from, H. Heringa dated Oct. 1/02 and addressed to Mayor & Council of City of Nanaimo | Rascal Trucking Ltd. |
| 2002-03-25 | Correspondence received from, H. Heringa dated March 15, 2002 and addressed to members of the Court re: further information | Rascal Trucking Ltd. |
| 2002-02-08 | Correspondence (sent by the Court) to, H. Heringa from N. Loreti re: acknowledge receipt of his letter dated Jan. 9, 2002 | |
| 2002-01-29 | Correspondence received from, H. Heringa, P. Eng. dated Feb. 8, 2002 and addressed to Members of the Court re: opinion | Rascal Trucking Ltd. |
| 2000-11-15 | Record returned to the Registrar of the Court of Appeal | |
| 2000-11-15 | Notice of deposit of judgment sent to all parties | |
| 2000-10-31 | Correspondence received from, (by fax) Rick Sing; re: bill of costs (copy sent by fax on Nov. 1st_ | Rascal Trucking Ltd. |
| 2000-10-18 | Certificate of taxation issued to, Lang, Michener | |
| 2000-10-13 | Decision on the bill of costs, taxed at $12,544.75, Reg | |
| 2000-10-13 | Submission of the bill of costs, Reg | |
| 2000-10-04 | Correspondence received from, further objection to the bill of costs | Rascal Trucking Ltd. |
| 2000-09-29 | Reply to the bill of costs, Completed on: 2000-09-29 | City of Nanaimo |
| 2000-09-28 | Response to the bill of costs, Completed on: 2000-09-28 | Rascal Trucking Ltd. |
| 2000-07-05 | Bill of costs, Completed on: 2000-07-05 | City of Nanaimo |
| 2000-06-14 | General proceeding, Notice of Intention to Act in Person filed by Hans Heringa dated June 2/00 on behalf of the Respondent (including his mailing address) | Rascal Trucking Ltd. |
| 2000-05-31 | Record returned to the Registrar of the Court of Appeal | |
| 2000-05-15 | Appeal closed | |
| 2000-05-15 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2000-05-10 | Copy of formal judgment being prepared, on rehearing | |
| 2000-04-28 | Notice of deposit of judgment sent to all parties, on re-hearing | |
| 2000-04-27 |
Decision on the motion for a re-hearing of the appeal, CJ L'HD G Ma Ba Bi Arb, The application for a rehearing is dismissed with costs. Dismissed, with costs |
|
| 2000-04-19 | Reply to the response to the motion for a re-hearing of the appeal, (Letter Form), from P. Foy dated April 19, 2000 (fax copy) re: does not intend to file a reply, Completed on: 2000-04-19 | Rascal Trucking Ltd. |
| 2000-04-07 | All material on motion for a re-hearing of the appeal submitted to Justices, CJ L'HD G Ma Ba Bi Arb | |
| 2000-04-06 | Response to the motion for a re-hearing of the appeal, (sent to the panel on April 7, 2000), Completed on: 2000-04-06 | City of Nanaimo |
| 2000-03-31 | Motion for a re-hearing of the appeal, (2 more copies requested)(sent to the panel on April 7, 2000), Completed on: 2000-04-07 | Rascal Trucking Ltd. |
| 2000-03-14 | Appeal closed | |
| 2000-03-14 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2000-03-14 | Copy of formal judgment being prepared | |
| 2000-03-03 | Notice of deposit of judgment sent to all parties | |
| 2000-03-02 |
Judgment on the appeal rendered, L'HD G McL Ma Ba Bi Arb, The appeal is allowed with costs throughout, the order of the British Columbia Court of Appeal is set aside and the orders of Maczko J. and Rowan J. below are reinstated, as well as Nanaimo's resolutions dated July 3, 1996 and August 19, 1996. Allowed, with costs |
|
| 1999-11-12 | Transcript received, 62 pages | |
| 1999-11-03 |
Hearing of the appeal, 1999-11-03, L'HD G McL Ma Ba Bi Arb Judgment reserved |
|
| 1999-11-01 | Supplemental document, (condensed book and excerpts) | City of Nanaimo |
| 1999-10-27 | Notice of appearance | City of Nanaimo |
| 1999-08-30 |
Appeal hearing scheduled, 1999-11-03 Judgment reserved |
|
| 1999-07-12 | Respondent's book of authorities, (service on July 12, 1999), Completed on: 1999-07-22 | Rascal Trucking Ltd. |
| 1999-07-12 | Respondent's factum, (see order dated June 28/99)(service on July 12, 1999), Completed on: 1999-07-22 | Rascal Trucking Ltd. |
| 1999-07-05 | Appeal perfected for hearing, Session beginning on 1999-10-04 | |
| 1999-06-28 | Order on motion to extend time, (by the Court) | |
| 1999-06-28 |
Decision on motion to extend time, Reg, to serve & file the respondent's factum & book of authorities to July 12/99. Granted, no order as to costs |
|
| 1999-06-28 | Submission of motion to extend time, Reg | |
| 1999-06-25 | Response to motion to extend time, (Letter Form), Completed on: 1999-06-25 | City of Nanaimo |
| 1999-06-25 | Motion to extend time, to serve and file the factum and authorities to July 12, Completed on: 1999-06-25 | Rascal Trucking Ltd. |
| 1999-05-10 | Appellant's book of authorities, Completed on: 1999-05-10 | City of Nanaimo |
| 1999-05-10 | Appellant's factum, Completed on: 1999-05-10 | City of Nanaimo |
| 1999-03-09 | Appellant's record, vol. 1 and 2, Incomplete | City of Nanaimo |
| 1999-01-26 | Appeal court record, (1 env. + 1 box) | |
| 1999-01-22 | Letter acknowledging receipt of notice of appeal | |
| 1999-01-14 | Order granting leave to appeal | |
| 1999-01-13 | Notice of appeal, (2477), Completed on: 1999-01-13 | City of Nanaimo |
| 1998-12-22 | Notice of deposit of judgment issued to all parties | |
| 1998-12-17 |
Judgment of the Court on the application for leave to appeal, CJ McL Ia, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1998-11-09 | All materials on application for leave submitted to the Judges, CJ McL Ia | |
| 1998-09-02 | Proof of service, of the respondent's response | |
| 1998-09-01 | Correspondence received from, sent to Osler, Hoskin & Harcourt enclosing copy of letter dated Sept. 01/98 sent to applicant | |
| 1998-09-01 | Correspondence received from, sent to Staples McDannold Stewart to acknowledge receipt of material commencing a proceeding together with filing fee | |
| 1998-08-20 | Respondent's response on the application for leave to appeal, 5 copies, Completed on: 1998-08-20 | Rascal Trucking Ltd. |
| 1998-07-16 | General proceeding, 5 copies of formal order of C.A. (to be sent with the application for leave to appeal) | City of Nanaimo |
| 1998-07-10 | $50.00 filing fee, receipt no. 30869 | City of Nanaimo |
| 1998-07-10 | Application for leave to appeal, 5 copies, with service, Completed on: 1998-07-10 | City of Nanaimo |
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 |
|---|---|---|
| City of Nanaimo | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Rascal Trucking Ltd. | Respondent | Active |
Counsel
Party: City of Nanaimo
Counsel
837 Burdett Ave
2nd Floor
Victoria, British Columbia
V8W 1B3
Telephone: (250) 380-7744
FAX: (250) 380-3008
Email: logolaw@sms.bc.ca
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: Rascal Trucking Ltd.
Counsel
Angus M. Gunn
200 Burrard St
Suite 1200
Vancouver, British Columbia
V7X 1T2
Telephone: (604) 687-5744
FAX: (604) 687-1415
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.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
Supreme Court of British Columbia
96 3866
Appellant's petition granted.
Court of Appeal for British Columbia (Vancouver)
CA023164
Respondent's appeal allowed; Respondent's petition granted; decisions of Maczko J. and Rowan J. set aside; resolutions quashed.
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
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
Not available
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.
Downloadable PDFs
Not available