Case information
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27408
Osoyoos Indian Band v. The Town of Oliver, et al.
(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) |
|---|---|---|
| 2002-01-08 | Appeal closed | |
| 2002-01-08 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2001-12-14 | Copy of formal judgment being prepared | |
| 2001-12-10 | Notice of deposit of judgment sent to all parties | |
| 2001-12-07 |
Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal is allowed, the judgment of the British Columbia Court of Appeal is set aside and an order declaring that the canal land is in the reserve for the purposes of s. 83(1)(a) of the Indian Act is substituted therefor, L'Heureux-Dubé, Gonthier, Major and Bastarache JJ. dissenting. There is no order as to costs. Allowed, no order as to costs |
|
| 2001-06-27 | Transcript received, and distributed to the justices (78 pages) | |
| 2001-06-14 |
Decision on motion to extend time, to serve and file the book of authorities of the respondent, Town of Oliver to May 30, Reg Granted, no order as to costs |
|
| 2001-06-14 | Submission of motion to extend time, Reg | |
| 2001-06-12 | Judgment reserved OR rendered with reasons to follow | |
| 2001-06-12 |
Hearing of the appeal, 2001-06-12, (V058), CJ L'HD G Ia Ma Ba Bi Arb LeB Judgment reserved |
|
| 2001-06-12 | Book of authorities, Condensed given in Court, Completed on: 2001-06-12 | Squamish Indian Band |
| 2001-06-12 | Respondent's condensed book, given in Court | The Town of Oliver |
| 2001-06-12 | Acknowledgement and consent for video taping of proceedings | |
| 2001-06-07 | Motion to extend time, to serve and file the Authorities to May 30/01, Completed on: 2001-06-07 | The Town of Oliver |
| 2001-06-06 | Notice of appearance | Osoyoos Indian Band |
| 2001-06-05 | Notice of appearance | The Town of Oliver |
| 2001-05-30 | Correspondence received from, J. Rich dated May 29, 2001 (fax copy) re: change of counsel from H. Slade to J. R. Rich of Ratcliff & Co. | Squamish Indian Band |
| 2001-05-28 | Respondent's book of authorities, (extension of time requested), Completed on: 2001-05-29 | The Town of Oliver |
| 2001-05-22 | Notice of appearance, (fax copy) | Attorney General of Canada |
| 2001-04-25 | Order on motion to file a reply factum on appeal, (by the Court) | |
| 2001-04-25 |
Decision on the motion to file a reply factum on appeal, LeB, The appellant asks to be allowed to file a reply factum. As a general rule, such reply factums are not allowed except in special circumstances. The motion does not establish them. The concerns raised about the interpretation given to parts of their appeal factum by other parties can be addressed during the hearing of the appeal. The motion is dismissed without costs. Dismissed, without costs |
|
| 2001-04-25 | Submission of motion to file a reply factum on appeal, LeB | |
| 2001-04-24 | Response to motion to file a reply factum on appeal, Completed on: 2001-04-24 | The Town of Oliver |
| 2001-04-11 | Motion to file a reply factum on appeal, 2 copies, Completed on: 2001-04-11 | Osoyoos Indian Band |
| 2001-04-02 | Order on motion for leave to intervene, ( 15 minutes oral argument granted by Arbour J. to A.G. - Canada & Squamish Indian Band ) | |
| 2001-03-23 | Notice of hearing, Session beginning on 2001-04-17 | Osoyoos Indian Band |
| 2001-03-16 |
Appeal hearing scheduled, 2001-06-12 Judgment reserved |
|
| 2001-01-23 | Appellant's book of authorities, (extension of time requested), Completed on: 2001-01-23 | Osoyoos Indian Band |
| 2001-01-12 | Correspondence received from, Burke-Robertson dated Jan. 10, 2001 re: enclosing revised page 1 of the factum (corrections made on Jan. 15, 2001) | Her Majesty the Queen in Right of the Province of British Columbia |
| 2001-01-05 | Intervener's factum, Completed on: 2001-01-05 | Squamish Indian Band |
| 2001-01-05 | Book of authorities, Completed on: 2001-01-05 | Squamish Indian Band |
| 2000-12-27 | Book of authorities, Completed on: 2000-12-27 | Attorney General of Canada |
| 2000-12-27 | Intervener's factum, Completed on: 2000-12-27 | Attorney General of Canada |
| 2000-12-20 |
Decision on motion to extend time, DeRg, to serve & file the respondent Crown's factum to Dec. 8, 2000. Granted, no order as to costs |
|
| 2000-12-20 | Submission of motion to extend time, DeRg | |
| 2000-12-12 | Response to motion to extend time, (Letter Form), from C. Ostrove dated Nov. 14, 2000 (fax copy), Completed on: 2000-12-12 | Osoyoos Indian Band |
| 2000-12-12 | Motion to extend time, to file the factum to Dec. 8, 2000 - 1 copy, Completed on: 2000-12-12 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2000-12-08 | Respondent's book of authorities, Completed on: 2000-12-08 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2000-12-08 | Respondent's factum, Completed on: 2000-12-08 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2000-11-27 | Correspondence received from, G. Cockrill, dated Nov. 24; re: nothing to add to the Appellant's record | The Town of Oliver |
| 2000-11-27 | Respondent's factum, Completed on: 2000-11-27 | The Town of Oliver |
| 2000-11-27 | Appeal perfected for hearing, Session beginning on 2001-04-17 | |
| 2000-11-08 | Order on motion for leave to intervene, (by the Court) | |
| 2000-11-08 |
Decision on the motion for leave to intervene, Arb, by the SQUAMISH INDIAN BAND. The factum is limited to 20 pages, but on the following terms (see long judgment for terms). The request to present oral argument is deferred to a rota judge following receipt and consideration of the written arguments of the parties and interveners (15 minutes oral argument granted April 2, 2001). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondents by the interventions. Granted, no order as to costs |
|
| 2000-11-08 |
Decision on the motion for leave to intervene, Arb, by the ATTORNEY GENERAL OF CANADA. The factum is limited to 40 pages. The request to present oral argument is deferred to a rota judge following receipt and consideration of the written arguments of the parties and interveners ( 15 minutes oral argument granted April 2, 2001). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondents by the interventions. Granted, no order as to costs |
|
| 2000-10-30 | Submission of motion for leave to intervene, Arb | |
| 2000-10-12 | Order on motion to extend time | |
| 2000-10-12 |
Decision on motion to extend time, Reg, to serve & file the appellant's factum to Oct. 2, 2000, nunc pro tunc. Granted, no order as to costs |
|
| 2000-10-12 | Submission of motion to extend time, Reg | |
| 2000-10-03 | Response to motion to extend time, (Letter Form), from P. Yearwood dated Sept. 8, 2000 (fax copy), Completed on: 2000-10-03 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2000-10-03 | Response to motion to extend time, (Letter Form), from G. Cockrill dated Sept. 11, 2000 (fax copy), Completed on: 2000-10-03 | The Town of Oliver |
| 2000-10-03 | Motion to extend time, to file the factum to Oct. 2, 2000 - 1 copy, Completed on: 2000-10-03 | Osoyoos Indian Band |
| 2000-10-02 | Appellant's factum, Completed on: 2000-10-02 | Osoyoos Indian Band |
| 2000-09-15 | Appellant's record, 23 copies (Original and Service filed Sept. 18/00), Completed on: 2000-09-18 | Osoyoos Indian Band |
| 2000-08-29 | Correspondence received from, Lang, Michener dated Aug. 28, 2000 (fax copy) re: Lang, Michener has been appointed as Ottawa Agents | The Town of Oliver |
| 2000-08-29 | Response to the motion for leave to intervene, (Letter Form), from J. Loignon dated Aug. 29, 2000 (fax copy), Completed on: 2000-08-29 | The Town of Oliver |
| 2000-08-17 | Response to the motion for leave to intervene, (Letter Form), letter from Karen L. Collins dated August 17/00, Completed on: 2000-08-17 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2000-08-16 | Motion for leave to intervene, (joint with motions to file a factum up to 40 pages and 30 minutes of oral argument), Completed on: 2000-08-16 | Attorney General of Canada |
| 2000-08-14 | Respondent's book of authorities, on Leave to Intervene (5 copies - book form), Completed on: 2000-08-14 | The Town of Oliver |
| 2000-08-10 | Response to the motion for leave to intervene, (book form), Completed on: 2000-08-22 | The Town of Oliver |
| 2000-08-08 | Response to the motion for leave to intervene, book form, Completed on: 2000-08-23 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2000-07-28 | Response to the motion for leave to intervene, (Letter Form), B. Crane dated July 28, 2000, Completed on: 2000-07-28 | Osoyoos Indian Band |
| 2000-07-25 | Order granting leave to appeal | |
| 2000-07-17 | Motion for leave to intervene, 3 copies - book form, Completed on: 2000-08-21 | Squamish Indian Band |
| 2000-07-06 | Correspondence received from, T. Leadem dated July 6, 2000 re: has assumed conduct of this file | Her Majesty the Queen in Right of the Province of British Columbia |
| 2000-05-23 | Letter acknowledging receipt of notice of appeal | |
| 2000-05-18 | Notice of deposit for security | Osoyoos Indian Band |
| 2000-05-18 | Notice of appeal, Completed on: 2000-05-18 | Osoyoos Indian Band |
| 2000-04-25 | Notice of deposit of judgment issued to all parties | |
| 2000-04-20 |
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 |
|
| 2000-03-20 | All materials on application for leave submitted to the Judges, CJ Ia Ma | |
| 1999-08-27 | Respondent's response on the application for leave to appeal, Completed on: 1999-09-07 | The Town of Oliver |
| 1999-08-25 | Order on motion to extend the time to file and/or serve the leave application | |
| 1999-08-25 |
Decision on motion to extend time to file and /or serve the leave application, Ia, to Aug. 5/99, nunc pro tunc. Granted, no order as to costs |
|
| 1999-08-25 | Submission of motion to extend time to file and/ or serve the leave application, Ia | |
| 1999-08-11 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 1999-08-06 | Motion to extend the time to file and or serve the application for leave to appeal, to file to Aug. 5/99, Completed on: 1999-08-06 | Osoyoos Indian Band |
| 1999-08-05 | Application for leave to appeal, (oral hearing requested within Order of the Leave Application), Completed on: 1999-08-05 | Osoyoos Indian Band |
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 |
|---|---|---|
| Osoyoos Indian Band | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| The Town of Oliver | Respondent | Active |
| Her Majesty the Queen in Right of the Province of British Columbia | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Squamish Indian Band | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
Counsel
Party: Osoyoos Indian Band
Counsel
Leslie Pinder
Clarine Ostrove
422 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: louise@mandellpinder.com
Agent
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 Town of Oliver
Counsel
Gregg Cockrill
207-1441 Ellis Street, Ricco Plaza
Kelowna, British Columbia
V1Y 2A3
Telephone: (250) 712-1130
FAX: (250) 712-1180
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: bsinclair@langmichener.ca
Party: Her Majesty the Queen in Right of the Province of British Columbia
Counsel
Paul Yearwood
P.O. Box 9270, Stn. Prov. Govt.
1312 Blanshard Street
Victoria, British Columbia
V8W 9J5
Telephone: (250) 387-0310
FAX: (250) 387-0343
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Squamish Indian Band
Counsel
F. Matthew Kirchner
221 West Esplanade, Suite 500
North Vancouver, British Columbia
V7M 3J3
Telephone: (604) 988-5201
FAX: (604) 988-1452
Agent
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: Attorney General of Canada
Counsel
Kathy Ring
Mary King
900 - 840 Howe St.
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-1879
FAX: (604) 666-1599
Email: gerald.donegan@justice.gc.ca
Agent
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
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
Supreme Court of British Columbia
A970164
See file
Court of Appeal for British Columbia (Victoria)
V03036
The appeal is dismissed with costs to the respondents after assessment.
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.
Downloadable PDFs
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