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27371

The General Manager, Liquor Control and Licensing Branch v. Ocean Port Hotel Limited

(British Columbia) (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)
2001-11-15 Appeal closed
2001-10-09 Formal judgment sent to the registrar of the court of appeal and all parties
2001-09-19 Copy of formal judgment being prepared
2001-09-19 Notice of deposit of judgment sent to all parties, (revised judgment)
2001-09-14 Written reasons rendered after oral judgment, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal is allowed with costs, the order of the British Columbia Court of Appeal is set aside, and the matter is remitted to the Court of Appeal to decide the issues which it did not address.
Allowed, with costs
2001-05-03 Record returned to the Registrar of the Court of Appeal, & to Liquor Appeal Board
2001-04-17 Formal judgment sent to the registrar of the court of appeal and all parties
2001-03-29 Transcript received, and distributed to the justices (82 pages)
2001-03-28 Copy of formal judgment being prepared
2001-03-27 Notice of deposit of judgment sent to all parties
2001-03-22 Judgment reserved OR rendered with reasons to follow
2001-03-22 Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, THE CHIEF JUSTICE (orally):
The Court is prepared to give judgment in this matter. The appeal is allowed, the judgement of the British Columbia Court of Appeal is set aside, and the matter is remitted to the Court of Appeal to decide the issues which it did not deal with. (Revised 14/09/2001) (Reasons delivered 14/09/2001)
Allowed, no order as to costs
2001-03-22 Hearing of the appeal, 2001-03-22, CJ L'HD G Ia Ma Ba Bi Arb LeB
Judgment rendered
2001-03-22 Respondent's condensed book, given in Court Ocean Port Hotel Limited
2001-03-22 Appellant's condensed book, given in Court The General Manager, Liquor Control and Licensing Branch
2001-03-22 Acknowledgement and consent for video taping of proceedings
2001-03-16 Notice of appearance, (fax copy) The Attorney General of Canada
2001-03-14 Respondent's book of authorities, (additional), Completed on: 2001-03-14 Ocean Port Hotel Limited
2001-03-12 Notice of appearance, (fax copy)(original received on March 15, 2001) The General Manager, Liquor Control and Licensing Branch
2001-02-23 Order on motion for leave to intervene, (10 MINUTES EACH OF ORAL ARGUMENT TO A.G.'S - CANADA, ONTARIO, ALBERTA & MANITOBA - GRANTED BY IACOBUCCI J.)
2001-02-22 Appellant's book of authorities, re: Reply Factum, Completed on: 2001-02-22 The General Manager, Liquor Control and Licensing Branch
2001-02-22 Reply factum on appeal, (See decision dated Feb. 15/01), Completed on: 2001-02-22 The General Manager, Liquor Control and Licensing Branch
2001-02-22 Notice of withdrawal Attorney General for New Brunswick
2001-02-16 Order on miscellaneous motion
2001-02-15 Decision on miscellaneous motion, Ia, by the appellant for permission to file a reply factum.
Granted, no order as to costs
2001-02-15 Submission of miscellaneous motion, Ia
2001-02-05 Notice of miscellaneous motion, to file a reply - book form, Completed on: 2001-02-05 The General Manager, Liquor Control and Licensing Branch
2001-02-05 Order on motion to extend time
2001-02-05 Decision on motion to extend time, Reg, to serve & file the respondent's factum to Dec. 15, 2000, and its record and book of authorities to Dec. 21, 2000.
Granted, no order as to costs
2001-02-05 Submission of motion to extend time, Reg
2001-01-18 Book of authorities, Completed on: 2001-01-18 the Attorney General of Manitoba
2001-01-18 Intervener's factum, Completed on: 2001-01-18 the Attorney General of Manitoba
2001-01-17 Book of authorities, Completed on: 2001-01-17 Her Majesty the Queen in Right of Alberta
2001-01-16 Intervener's factum, Completed on: 2001-01-16 Her Majesty the Queen in Right of Alberta
2001-01-12 Book of authorities, Completed on: 2001-01-12 The Attorney General of Canada
2001-01-12 Intervener's factum, Completed on: 2001-01-12 The Attorney General of Canada
2001-01-12 Book of authorities, Completed on: 2001-01-12 the Attorney General for Ontario
2001-01-12 Intervener's factum, Completed on: 2001-01-12 the Attorney General for Ontario
2001-01-10 Response to the motion for leave to intervene, (Letter Form), from Burke-Robertson dated Jan. 10, 2001 (fax copy), Completed on: 2001-01-10 The General Manager, Liquor Control and Licensing Branch
2001-01-10 Order on motion for leave to intervene, (BY THE COURT)
2001-01-10 Decision on the motion for leave to intervene, Ia, and extension of time by the ATTORNEY GENERAL OF NEW BRUNSWICK. The factum is limited to 20 pages to be served and filed on or before February 12, 2001. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention.
Granted, no order as to costs
2001-01-10 Submission of motion for leave to intervene, Ia
2001-01-08 Motion to extend time, to serve and file its Factum to Dec. 15/00, Record and Authorities to Dec. 21/00 (1 copy), Completed on: 2001-01-08 Ocean Port Hotel Limited
2001-01-03 Appeal court record, (1 padded envelope)
2000-12-22 Trial court record, (1 envelope from Liquor Appeal Board)
2000-12-21 Respondent's book of authorities, Vol. I & II, Completed on: 2000-12-21 Ocean Port Hotel Limited
2000-12-21 Respondent's record, Vol. I & II (extension of time requested), Completed on: 2000-12-21 Ocean Port Hotel Limited
2000-12-21 Correspondence received from, N. Sharma dated Dec. 20, 2000 and addressed to C.A. re: appeal records The General Manager, Liquor Control and Licensing Branch
2000-12-21 Motion for leave to intervene, (joint with extending the time) - 1 copy, Completed on: 2000-12-21 Attorney General for New Brunswick
2000-12-15 Respondent's factum, (extension of time)(extra copy with service to interveners filed Dec. 18/00), Completed on: 2000-12-18 Ocean Port Hotel Limited
2000-12-01 Appeal hearing scheduled, 2001-03-22
Judgment rendered
2000-11-07 Correspondence (sent by the Court) to, the Attorneys General re: they may be interested in the issues
2000-11-07 Order on motion to state a constitutional question, (by the Court)
2000-11-07 Decision on the motion to state a constitutional question, CJ, by the intervener Attorney General of Canada
Dismissed, no order as to costs
2000-10-11 Submission of motion to state a constitutional question, CJ
2000-09-13 Appeal perfected for hearing, Session beginning on 2001-01-15
2000-08-22 Correspondence received from, D. Rennie dated Aug. 22, 2000 (fax copy) re: responding the the appellant's reply (constitutional questions) The Attorney General of Canada
2000-08-17 Reply to the motion to state a constitutional question, (fax copy)(proof of service received on Aug. 18, 2000), Completed on: 2000-08-17 The General Manager, Liquor Control and Licensing Branch
2000-08-10 Correspondence received from, Burke-Robertson dated Aug. 10, 2000 (fax copy) re: will respond to the application by A.G. Canada and response by the Respondent by Aug. 17, 2000 The General Manager, Liquor Control and Licensing Branch
2000-08-09 Response to the motion to state a constitutional question, 3 copies, Completed on: 2000-08-09 Ocean Port Hotel Limited
2000-08-01 Motion to state a constitutional question, 2 copies, Completed on: 2000-08-01 The Attorney General of Canada
2000-07-26 Order on motion for leave to intervene, (BY THE COURT)
2000-07-26 Decision on the motion for leave to intervene, Ia, by the ATTORNEY GENERAL OF ONTARIO. The factum is limited to 20 pages in length. The request to present oral argument is deferred to a rota judge following receipt and consideration of the written arguments of the parties and the interveners (10 MINUTES GRANTED - FEB. 23/01). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record apart from their factums. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the interventions.
Granted, no order as to costs
2000-07-26 Decision on the motion for leave to intervene, Ia, by the ATTORNEY GENERAL OF CANADA. The factum is limited to 20 pages in length. The request to present oral argument is deferred to a rota judge following receipt and consideration of the written arguments of the parties and the interveners (10 MINUTES ORAL ARGUMENT GRANTED - FEB. 23/01). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record apart from their factums. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the interventions.
Granted, no order as to costs
2000-07-26 Decision on the motion for leave to intervene, Ia, by the HER MAJESTY THE QUEEN IN RIGHT OF ALBERTA,.MINISTER OF JUSTICE, ATTORNEY GENERAL OF ALBERTA. The factum is limited to 20 pages in length. The request to present oral argument is deferred to a rota judge following receipt and consideration of the written arguments of the parties and the interveners (10 MINUTES ORAL ARGUMENT GRANTED - FEB. 23/01). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record apart from their factums. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the interventions.
Granted, no order as to costs
2000-07-26 Decision on the motion for leave to intervene, Ia, by the ATTORNEY GENERAL OF MANITOBA. The factum is limited to 20 pages in length. The request to present oral argument is deferred to a rota judge following receipt and consideration of the written arguments of the parties and the interveners (10 MINUTES ORAL ARGUMENT GRANTED - FEB. 23/01). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record apart from their factums. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the interventions.
Granted, no order as to costs
2000-07-26 Submission of motion for leave to intervene, AG-Man. Alta. Ont. Canada, Ia
2000-07-19 Appellant's book of authorities, Completed on: 2000-07-19 The General Manager, Liquor Control and Licensing Branch
2000-07-19 Appellant's factum, Completed on: 2000-07-19 The General Manager, Liquor Control and Licensing Branch
2000-06-20 Correspondence received from, (by fax) N. Sharma; re: correcting style of cause The General Manager, Liquor Control and Licensing Branch
2000-06-12 Appellant's record, Vol. I to III, Completed on: 2000-06-12 The General Manager, Liquor Control and Licensing Branch
2000-05-25 Response to the motion for leave to intervene, (Letter Form), from Burke-Robertson and G. Copley(fax copy), Completed on: 2000-05-25 The General Manager, Liquor Control and Licensing Branch
2000-05-19 Response to the motion for leave to intervene, (Letter Form), from Gowlings, re: does not oppose the applications by A.G. Man. and Canada, Completed on: 2000-05-19 Ocean Port Hotel Limited
2000-05-19 Motion for leave to intervene, 2 copies - book form, Completed on: 2000-05-19 the Attorney General for Ontario
2000-05-19 Motion for leave to intervene, Completed on: 2000-05-19 The Attorney General of Canada
2000-05-18 Motion for leave to intervene, 2 copies (book form), Incomplete Her Majesty the Queen in Right of Alberta
2000-05-15 Motion for leave to intervene, (2 copies), Completed on: 2000-05-15 the Attorney General of Manitoba
2000-03-24 Letter acknowledging receipt of notice of appeal
2000-03-21 Order granting leave to appeal
2000-03-21 Notice of appeal, Completed on: 2000-03-21 The General Manager, Liquor Control and Licensing Branch
2000-03-17 Notice of deposit of judgment issued to all parties
2000-03-16 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted.
Granted, no order as to costs
2000-02-28 All materials on application for leave submitted to the Judges, CJ Ia Ma
1999-08-12 Applicant's reply to respondent's argument, Completed on: 1999-08-12 The General Manager, Liquor Control and Licensing Branch
1999-07-30 Respondent's response on the application for leave to appeal, (returned for correction August 5/99), Completed on: 1999-07-30 Ocean Port Hotel Limited
1999-07-21 Letter acknowledging receipt of a complete application for leave to appeal
1999-06-23 Application for leave to appeal, (vol. 1 and 2)(service on June 21, 1999), Completed on: 1999-06-23 The General Manager, Liquor Control and Licensing Branch

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
The General Manager, Liquor Control and Licensing Branch Appellant Active

v.

Main parties - Respondents
Name Role Status
Ocean Port Hotel Limited Respondent Active

Other parties

Other parties
Name Role Status
The Attorney General of Canada Intervener Active
the Attorney General for Ontario Intervener Active
the Attorney General of Manitoba Intervener Active
Her Majesty the Queen in Right of Alberta Intervener Active
the Minister of Justice Intervener Active
and Attorney General of Alberta Intervener Active

Counsel

Party: The General Manager, Liquor Control and Licensing Branch

Counsel
George H. Copley, Q.C.
Lisa Mrozinski
Neena Sharma
Attorney General of British Columbia
6th Floor, 1001 Douglas Street
Victoria, British Columbia
V8X 1X4
Telephone: (250) 356-8875
FAX: (250) 356-9154
Email: george.copley@gems4.gov.bc.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Ocean Port Hotel Limited

Counsel
Howard Rubin
Rubin Howard Law Coporation
405 East Fourth Street
North Vancouver, British Columbia
V7L 1J4
Telephone: (604) 984-2030
FAX: (604) 988-0068
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: the Attorney General of Manitoba

Counsel
Shawn Greenberg
Attorney General of Manitoba
1205 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-0718
FAX: (204) 945-0053
Email: sgreenberg@jus.gov.mb.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Her Majesty the Queen in Right of Alberta

Counsel
Timothy Hurlburt
Shawn McDounough
Attorney General of Alberta
10011 - 109 Street
Room 927
Edmonton, Alberta
T5K 3S8
Telephone: (780) 422-9182
FAX: (780) 427-1230
Email: tim.hurlburt@gov.ab.ca
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: the Minister of Justice

Counsel
Timothy Hurlburt
Attorney General of Alberta
10011 - 109 Street
Room 927
Edmonton, Alberta
T5K 3S8
Telephone: (780) 422-9182
FAX: (780) 427-1230
Email: tim.hurlburt@gov.ab.ca
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: and Attorney General of Alberta

Counsel
Timothy Hurlburt
Attorney General of Alberta
10011 - 109 Street
Room 927
Edmonton, Alberta
T5K 3S8
Telephone: (780) 422-9182
FAX: (780) 427-1230
Email: tim.hurlburt@gov.ab.ca
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: The Attorney General of Canada

Counsel
Donald J. Rennie
Anne M. Turley
Attorney General of Canada
130 King Street West
Suite 3400, Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-2240
FAX: (416) 973-0809
Email: donald.rennie@justice.gc.ca
Agent
Graham R. Garton, Q.C.
Attorney General of Canada
Exchange Tower
130 King Street West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6807
FAX: (416) 973-8253
Email: ggarton@justice.gc.ca

Party: the Attorney General for Ontario

Counsel
Dennis W. Brown, Q.C.
Malliha Wilson
Lucy McSweeney
Karin Rasmussen
Attorney General of Ontario
720 Bay St
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4008
FAX: (416) 326-4181
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

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.

None.

Lower court rulings

December 10, 1997
The Liquor Appeal Board

L-9619

The appeal is denied.

February 18, 1998
Court of Appeal for British Columbia (Vancouver)

CA024105

Leave to appeal is granted.

May 12, 1999
Court of Appeal for British Columbia (Vancouver)

CA024105

Appeal allowed.

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.

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Date modified: 2025-05-13