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Case information

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28062

Her Majesty the Queen in right of Canada, as represented by the Minister of National Revenue v. First Vancouver Finance

(Saskatchewan) (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)
2002-05-28 Appeal closed
2002-05-23 Written reasons rendered after oral judgment, CJ G Ia Ma Ba Bi LeB
Dismissed, with costs
2002-05-06 Formal judgment sent to the registrar of the court of appeal and all parties
2002-04-22 Record returned to the Registrar of the Court of Appeal
2002-04-10 Correspondence received from, E. Sojonky dated April 9, 2002 re: will not be making any representations Her Majesty the Queen in right of Canada, as represented by the Minister of National Revenue
2002-04-02 Correspondence received from, David Stack dated March 28, 2002 (fax copy) re: costs to be clarified in the reasons for judgment (sent to the panel on April 10, 2002) First Vancouver Finance
2002-03-21 Transcript received, and distributed to the judges (44 pages)
2002-03-19 Copy of formal judgment being prepared
2002-03-13 Notice of deposit of judgment sent to all parties
2002-03-12 Judgment on the appeal rendered, CJ G Ia Ma Ba Bi LeB, THE CHIEF JUSTICE (orally):
The appeal is dismissed. Reasons to follow.
Dismissed
2002-03-12 Judgment reserved OR rendered with reasons to follow
2002-03-12 Hearing of the appeal, 2002-03-12, (V021), CJ G Ia Ma Ba Bi LeB
Judgment rendered
2002-03-12 Appellant's condensed book Her Majesty the Queen in right of Canada, as represented by the Minister of National Revenue
2002-03-12 Acknowledgement and consent for video taping of proceedings
2002-03-05 Notice of appearance Her Majesty the Queen in right of Canada, as represented by the Minister of National Revenue
2002-02-26 Notice of hearing Her Majesty the Queen in right of Canada, as represented by the Minister of National Revenue
2001-12-04 Appeal hearing scheduled, 2002-03-12
Judgment rendered
2001-11-14 Notice of appearance Her Majesty the Queen in right of Canada, as represented by the Minister of National Revenue
2001-09-27 Appeal perfected for hearing, Session beginning on 2002-01-14
2001-09-26 Respondent's record, Completed on: 2001-09-26 First Vancouver Finance
2001-09-26 Respondent's book of authorities, Completed on: 2001-09-26 First Vancouver Finance
2001-09-26 Respondent's factum, Completed on: 2001-09-26 First Vancouver Finance
2001-08-02 Appellant's book of authorities, Completed on: 2001-08-02 Her Majesty the Queen in right of Canada, as represented by the Minister of National Revenue
2001-08-02 Appellant's record, Completed on: 2001-08-02 Her Majesty the Queen in right of Canada, as represented by the Minister of National Revenue
2001-08-02 Appellant's factum, Completed on: 2001-08-02 Her Majesty the Queen in right of Canada, as represented by the Minister of National Revenue
2001-07-11 Correspondence received from, M. Kindrachuk dated July 5, 2001 and adressed to C.A. re: complete records to be sent to S.C. Her Majesty the Queen in right of Canada, as represented by the Minister of National Revenue
2001-07-11 Appeal court record, (1 envelope)
2001-07-05 Correspondence received, from M. R. Kindrachuk dated July 5/01 re: copy of letter sent to Saskatchewan C.A. requesting record to be sent to SCC (by fax) (original rec'd July 10/01)
2001-04-09 Letter acknowledging receipt of notice of appeal
2001-04-06 Notice of appeal, Completed on: 2001-04-06 Her Majesty the Queen in right of Canada, as represented by the Minister of National Revenue
2001-03-16 Notice of deposit of judgment issued to all parties
2001-03-15 Judgment of the Court on the application for leave to appeal
Granted, no order as to costs
2001-01-29 All materials on application for leave submitted to the Judges, CJ Ia Ba
2000-09-13 Applicant's reply to respondent's argument, Completed on: 2000-09-13 Her Majesty the Queen in right of Canada, as represented by the Minister of National Revenue
2000-09-07 Respondent's response on the application for leave to appeal, Completed on: 2000-09-07 First Vancouver Finance
2000-09-05 Letter acknowledging receipt of a complete application for leave to appeal
2000-08-14 Application for leave to appeal, Completed on: 2000-08-14 Her Majesty the Queen in right of Canada, as represented by the Minister of National Revenue

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
Her Majesty the Queen in right of Canada, as represented by the Minister of National Revenue Appellant Active

v.

Main parties - Respondents
Name Role Status
First Vancouver Finance Respondent Active

Counsel

Party: Her Majesty the Queen in right of Canada, as represented by the Minister of National Revenue

Counsel
Names
Edward R. Sojonky, Q.C.
Mark Kindrachuk
David Jacyk
Contact information
Attorney General of Canada
284 Wellington Street
East Memorial Building
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4871
FAX: (613) 954-1920
Agent
Name
Graham R. Garton, Q.C.
Contact information
Attorney General of Canada
234 Wellington Street
East Tower, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca

Party: First Vancouver Finance

Counsel
Names
Joel A. Hesje
David M. A. Stack
Contact information
McKercher McKercher & Whitmore
200 - 374, 3rd Avenue South
Saskatoon, Saskatchewan
S7K 1M5
Telephone: (306) 653-2000
FAX: (306) 244-7335
Agent
Name
Brian A. Crane, Q.C.
Contact information
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

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

January 18, 2000
Court of Queen’s Bench of Saskatchewan

2040 of A.D. 1999

Application for declaration granted. Respondent First Vancouver Finance entitled to monies paid by Canada Safeway to Revenue Canada, except for that covered by accounts factored after February 10,1999, which constituted “after-acquired” property.

May 16, 2000
Court of Appeal for Saskatchewan

3458

Appeal and cross-appeal dismissed.

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

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

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

Webcasts

Not available.

Date modified: 2025-05-13