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.
28020
Atomic Energy of Canada Limited v. Sierra Club of Canada, et al.
(Federal) (Civil) (By Leave)
(Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2002-08-20 | Record returned to the Registrar of the Court of Appeal | |
| 2002-06-26 | Appeal closed | |
| 2002-06-11 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2002-05-01 | General proceeding, (extra copies of the sealed material returned to Osler, Hoskins) | Atomic Energy of Canada Limited |
| 2002-04-30 | Copy of formal judgment being prepared | |
| 2002-04-29 | Notice of deposit of judgment sent to all parties | |
| 2002-04-26 |
Judgment on the appeal rendered, CJ G Ia Ba Bi Arb LeB, The appeal is allowed with costs throughout. The judgment of the Federal Court of Appeal is set aside. The confidentiality order on the terms requested by the appellant under Rule 151 of the Federal Court Rules, 1998 is granted. Allowed, with costs |
|
| 2001-11-19 | Transcript received, and distributed to the judges (62 pages) | |
| 2001-11-06 | Judgment reserved OR rendered with reasons to follow | |
| 2001-11-06 |
Hearing of the appeal, 2001-11-06, (V095), CJ G Ia Ba Bi Arb LeB Judgment reserved |
|
| 2001-11-06 | Acknowledgement and consent for video taping of proceedings | |
| 2001-11-05 | Appellant's condensed book | Atomic Energy of Canada Limited |
| 2001-10-29 | Correspondence received from, Peter J. Chapin (by fax) dated Oct. 29/01 re: 10 min. required by Ministers be allocated against the time reserved for the Appellant | Atomic Energy of Canada Limited |
| 2001-10-26 | Correspondence received from, J. Brett Ledger (by fax) dated Oct. 26/01 re: materials filed on motion to strike the factum of the Respondents Ministers be made available for ther Court at the hearing | Atomic Energy of Canada Limited |
| 2001-10-24 | Correspondence received from, J. B. Ledger dated Oct. 24, 2001 re: further to his correspondence dated Oct. 23, 2001 | Atomic Energy of Canada Limited |
| 2001-10-23 | Correspondence received from, J. B. Ledger dated Oct. 23, 2001 (fax copy) re: responding to Mr. Howard's letter | Atomic Energy of Canada Limited |
| 2001-10-23 | Notice of appearance, of Timothy Howard & Franklin Gertler at the hearing of the appeal | Sierra Club of Canada |
| 2001-10-23 | Correspondence received from, Graham R. Garton, Q.C. (by fax) dated Oct. 23/01 re: oral submission of 10 min. | The Minister of Finance of Canada, The Minister of Foreign Affairs of Canada, The Minister of International Trade of Canada and the Attorney General of Canada |
| 2001-10-23 | Correspondence received from, T. Howard dated Oct. 22, 2001 (fax copy) re: seeks clarification with respect to the costs on motion | Sierra Club of Canada |
| 2001-10-22 | Correspondence received from, (by fax) T.J. Howard; re: does not object to the hearing of the appeal being televised | Sierra Club of Canada |
| 2001-10-22 | Correspondence received from, P. Chapin dated Oct. 22, 2001 (fax copy) re: the appellant does not object to having the hearing scheduled on Nov. 6, 2001 and televised by CPAC | Atomic Energy of Canada Limited |
| 2001-10-10 | Notice of appearance, of J. Brett Ledger and Peter Chapin at the hearing of the appeal | Atomic Energy of Canada Limited |
| 2001-10-03 | Correspondence (sent by the Court) to, the parties advising them that pursuant to the Order of Madam Justice Arbour, the Chief Justice has indicated that there is no need to state Constitutional Questions in this mattter. | |
| 2001-09-20 | Order on motion to strike out | |
| 2001-09-20 |
Decision on motion to strike out, Arb, Both the appellant and the respondent Ministers agree in their factum that the issue in this appeal is the proper analytical approach to the exercise of the court's discretion where a party seeks an order under s. 151 of the Federal Court Rules, 1998, that "material to be filed shall be treated as confidential". The respondent Sierra Club states the issue more narrowly. In my view, it is open to the Ministers in this case to argue that sealing orders made pursuant to Rule 151 should only be issued if the confidentiality order can be justified under s. 1 of the Charter. There is no reason to strike their factum, and that part of the motion is dismissed. Since the respondent Ministers refer in their factum to provincial legislation similar to Rule 151 of the Federal Court Rules (see footnote 8, at para. 7) the issue of whether a constitutional question should be stated is referred to the Chief Justice. (see letter dated Oct. 3, 2001, sent to parties indicating that there is no need to state Constitutional Questions). Dismissed, no order as to costs |
|
| 2001-09-20 | Submission of motion to strike out, Arb | |
| 2001-09-18 | Reply to motion to strike out, (book form) - 4 copies, Completed on: 2001-09-18 | Atomic Energy of Canada Limited |
| 2001-09-17 | Certificate of taxation issued to, Osler | |
| 2001-09-17 | Decision on the bill of costs, taxed at $2,087.06, Reg | |
| 2001-09-17 | Certificate of taxation issued to, Osler | |
| 2001-09-17 | Decision on the bill of costs, taxed at $7,926.50, Reg | |
| 2001-09-12 | Response to motion to strike out, (Letter Form), F. Gertler dated Sept. 12, 2001 (fax copy)(original received Sept. 18, 2001), Completed on: 2001-09-12 | Sierra Club of Canada |
| 2001-09-10 | Submission of the bill of costs, Reg | |
| 2001-09-10 | Submission of the bill of costs, Reg | |
| 2001-09-10 | Response to motion to strike out, (Letter Form), letter from Graham Garton, Q.C. dated Sept. 10/01, Completed on: 2001-09-10 | The Minister of Finance of Canada, The Minister of Foreign Affairs of Canada, The Minister of International Trade of Canada and the Attorney General of Canada |
| 2001-09-05 |
Appeal hearing scheduled, 2001-11-06 Judgment reserved |
|
| 2001-09-04 | Motion to strike out, the Respondents' Ministers factum + ancillary motions (3 volumes: Motion Record, Memorandum and Book of Authorities), Completed on: 2001-09-04 | Atomic Energy of Canada Limited |
| 2001-08-20 | Notice of hearing | Atomic Energy of Canada Limited |
| 2001-08-17 | Correspondence received from, J. Ledger dated Aug. 17, 2001 re: will file a motion by Aug. 31, 2001re: rule 32 application | Atomic Energy of Canada Limited |
| 2001-08-16 | Supplemental document, (Appendix of Legislation and International Instruments) | Sierra Club of Canada |
| 2001-08-10 | Respondent's book of authorities, Completed on: 2001-08-10 | Sierra Club of Canada |
| 2001-08-10 | Respondent's record, Completed on: 2001-08-10 | Sierra Club of Canada |
| 2001-08-10 | Respondent's factum, Completed on: 2001-08-10 | Sierra Club of Canada |
| 2001-08-03 | Appeal perfected for hearing, Session beginning on 2001-10-01 | |
| 2001-08-03 | Respondent's factum, (24 new copies received August 9, 2001, printed on left side), Completed on: 2001-08-09 | The Minister of Finance of Canada, The Minister of Foreign Affairs of Canada, The Minister of International Trade of Canada and the Attorney General of Canada |
| 2001-08-03 | Respondent's book of authorities, Completed on: 2001-08-03 | The Minister of Finance of Canada, The Minister of Foreign Affairs of Canada, The Minister of International Trade of Canada and the Attorney General of Canada |
| 2001-06-14 | Bill of costs, Completed on: 2001-06-14 | Atomic Energy of Canada Limited |
| 2001-06-14 | Bill of costs, Completed on: 2001-06-14 | Atomic Energy of Canada Limited |
| 2001-06-14 | Appellant's book of authorities, Completed on: 2001-06-14 | Atomic Energy of Canada Limited |
| 2001-06-14 | Appellant's record, Vol. I to V (Vol. II is sealed as per Iacobucci J.'s Order dated July 26/00), Completed on: 2001-06-14 | Atomic Energy of Canada Limited |
| 2001-06-14 | Appellant's factum, Completed on: 2001-06-14 | Atomic Energy of Canada Limited |
| 2001-03-23 | Order on miscellaneous motion, (by the Court) | |
| 2001-03-23 |
Decision on motion to expedite the appeal, CJ, by the respondent Sierra Club of Canada. Having considered the materials on the motion to expedite the hearing of this matter, and having reviewed the Court's jurisprudence on the issue, I am not satisfied that the applicant has established the right to an expedited hearing; It is ordered that the motion is accordingly dismissed with costs. Dismissed, with costs |
|
| 2001-03-23 | Submission of motion to expedite the appeal, CJ | |
| 2001-03-19 | Correspondence received from, Burke-Robertson dated March 16, 2001 re: discrepancies in the respondent's reply to A.E.C.L.'s motion to expedite the appeal | Sierra Club of Canada |
| 2001-03-09 | Reply to motion to expedite the appeal, 6 copies - book form, Completed on: 2001-03-09 | Sierra Club of Canada |
| 2001-03-05 | Book of authorities, (on Response to Motion to Expedite), Completed on: 2001-03-05 | Atomic Energy of Canada Limited |
| 2001-03-05 | Response to motion to expedite the appeal, from J. Brett Ledger and P. Chapin (book form), Completed on: 2001-03-05 | Atomic Energy of Canada Limited |
| 2001-03-02 | Response to motion to expedite the appeal, (Letter Form), from J. Sanderson Graham dated March 2/01 (by fax), Completed on: 2001-03-02 | The Minister of Finance of Canada, The Minister of Foreign Affairs of Canada, The Minister of International Trade of Canada and the Attorney General of Canada |
| 2001-02-27 | Letter acknowledging receipt of notice of appeal | |
| 2001-02-23 | Motion to expedite the appeal, (book form), Completed on: 2001-02-23 | Sierra Club of Canada |
| 2001-02-23 | Notice of change of counsel, (Change of Ottawa Agent from Gowlings to Burke-Robertson) | Sierra Club of Canada |
| 2001-02-15 | Notice of appeal, Completed on: 2001-02-15 | Atomic Energy of Canada Limited |
| 2001-01-19 | Notice of deposit of judgment issued to all parties | |
| 2001-01-18 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted with costs. Granted, with costs |
|
| 2000-12-18 | All materials on application for leave submitted to the Judges, CJ Ia Ma | |
| 2000-09-08 | Applicant's reply to respondent's argument, Completed on: 2000-09-08 | Atomic Energy of Canada Limited |
| 2000-08-31 | Book of authorities, Completed on: 2000-08-31 | Sierra Club of Canada |
| 2000-08-31 | Respondent's response on the application for leave to appeal, Completed on: 2000-08-31 | Sierra Club of Canada |
| 2000-08-30 | Respondent's response on the application for leave to appeal, Completed on: 2000-08-30 | The Minister of Finance of Canada, The Minister of Foreign Affairs of Canada, The Minister of International Trade of Canada and the Attorney General of Canada |
| 2000-08-18 | Correspondence received from, Allan Coleman setting forth issues with respect to the sealing order. | Atomic Energy of Canada Limited |
| 2000-07-26 | Order on miscellaneous motion | |
| 2000-07-26 |
Decision on the miscellaneous motion, Ia, by the applicant for an order sealing certain material to be filed in support of the application for leave to appeal and, if leave is granted, for purposes of the appeal (for details see order). Granted, no order as to costs |
|
| 2000-07-26 | Submission of miscellaneous motion, Ia | |
| 2000-07-25 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2000-07-20 | Notice of miscellaneous motion, for an order sealing certain material (namely vol. II & VI - sealed envelopes) of the application for leave, Completed on: 2000-07-20 | Atomic Energy of Canada Limited |
| 2000-07-20 | Book of authorities, Completed on: 2000-07-20 | Atomic Energy of Canada Limited |
| 2000-07-20 | Application for leave to appeal, Vol. I to VI (vol. II & VI are sealed envelopes), Completed on: 2000-07-20 | Atomic Energy of Canada Limited |
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 |
|---|---|---|
| Atomic Energy of Canada Limited | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Sierra Club of Canada | Respondent | Active |
| The Minister of Finance of Canada, The Minister of Foreign Affairs of Canada, The Minister of International Trade of Canada and the Attorney General of Canada | Respondent | Active |
Counsel
Party: Atomic Energy of Canada Limited
Counsel
Peter Chapin
1 First Canadian Place
P.O. Box 50
Toronto, Ontario
M5X 1B8
Telephone: (416) 862-6687
FAX: (416) 862-6666
Email: bledger@osler.com
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Sierra Club of Canada
Counsel
Franklin S. Gertler
214 - 131 Water Street
Vancouver, British Columbia
V6B 4M3
Telephone: (604) 685-5618
FAX: (604) 685-7813
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: The Minister of Finance of Canada, The Minister of Foreign Affairs of Canada, The Minister of International Trade of Canada and the Attorney General of Canada
Counsel
J. Sanderson Graham
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
Federal Court of Canada, Trial Division
T-85-97
see file
Federal Court of Appeal
A-699-99
appeal and cross appeal are dismissed without costs
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