Case information

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)
2003-04-23	Appeal closed
2003-04-23	Certificate of taxation issued to, to Lang, Michener
2003-04-17	Decision on the bill of costs, taxed at $9,560.87, Reg, On April 26, 2002, the Court allowed the appeal with costs throughout. Having considered the Bill of Costs filed by the appellant, the objections of the respondent Mr. Rex and the reply of the appellant, the Bill of Costs is taxed as per the attached annex. As the Court allowed party and party costs, the Tariff of Fees and Disbursements applies strictly. The appellant is seeking to have the costs of all the motions and related disbursements taxed. No order as to costs were pronounced in any of these motions before a judge. Therefore they are disallowed. Part II of the Tariff provides that reasonable amounts for disbursements necessarily incurred are allowed. I find reasonable the amounts claimed by the appellant in this respect. The only disbursement disallowed under that heading is the "Corporate Searches", as searches are part of the preparation of a file and are already covered under preparation of factum. Also the amounts claimed by the agent cannot be allowed. Allowed in part
2003-04-11	Submission of the bill of costs, Reg
2003-01-27	Reply to the bill of costs, (Letter Form), from W. McKenzie dated Jan. 21, 2003, Completed on: 2003-01-27	Bell ExpressVu Limited Partnership
2002-08-20	Record returned to the Registrar of the Court of Appeal
2002-07-11	Correspondence received from, S. Reed dated July 9, 2002 re: bill of costs	Bell ExpressVu Limited Partnership
2002-06-26	Appeal closed
2002-06-17	Response to the bill of costs, (Letter Form), from A. Gold dated June 17, 2002 (fax copy), Completed on: 2002-06-17	Richard Rex
2002-06-17	Bill of costs, Completed on: 2002-06-17	Bell ExpressVu Limited Partnership
2002-06-11	Formal judgment sent to the registrar of the court of appeal and all parties
2002-06-11	Formal judgment sent to the registrar of the court of appeal and all parties
2002-05-01	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, L'HD Ia Ma Ba Bi Arb LeB, The appeal is allowed with costs throughout. The judgment of the Court of Appeal of British Columbia is set aside. No answer is given to the constitutional questions. Allowed, costs in this Court and courts below
2001-12-12	Transcript received, (94 pages)
2001-12-04	Judgment reserved OR rendered with reasons to follow
2001-12-04	Hearing of the appeal, 2001-12-04, (V103/104), L'HD Ia Ma Ba Bi Arb LeB Judgment reserved
2001-12-04	Acknowledgement and consent for video taping of proceedings
2001-12-04	Supplemental document, (condensed book)	Attorney General of Canada
2001-12-03	Appellant's condensed book, 10 copies	Bell ExpressVu Limited Partnership
2001-11-16	Order on motion to file a reply factum on appeal, (by the Court)
2001-11-16	Order on motion to strike out, (by the Court)
2001-11-16	Order on motion to strike out, (by the Court)
2001-11-16	Decision on the motion to file a reply factum on appeal, LeB, The motion for an order permitting the appellant to file a reply factum on the constitutional question, after review of the motion and response, the Court permits the appellant to file a reply factum and supplementary book of authorities on the constitutional question. The factum shall be filed and served no later than November 22, 2001 and shall not exceed 20 pages. Granted, no order as to costs
2001-11-16	Decision on motion to strike out, LeB, by the respondents (except Michell Lee) for an order striking parts of the factum of the intervener Canadian Motion Picture Distributors Assocation is dismissed. These parts of the factum do not significantly change the nature of the record already before the Court. In addition, they are clearly connected to the issues raised by the respondents in this appeal and will be of assistance to the Court in its review of these issues. Dismissed, no order as to costs
2001-11-16	Decision on motion to strike out, LeB, The motion by the respondents (except Michelle Lee) for an order striking parts of the factum of intervener Directv Inc., is dismissed. These parts of the factum do not significantly change the nature of the record already before the Court. In addition, they are clearly connected to the issues raised by the respondents in this appeal and will be of assistance to the Court in its review of these issues. Dismissed, no order as to costs
2001-11-16	Submission of motion to file a reply factum on appeal, LeB
2001-11-16	Submission of motion to strike out, LeB
2001-11-15	Reply to motion to file a reply factum on appeal, (book form)(proof of service received on Nov. 14, 2001), Completed on: 2001-11-15	Bell ExpressVu Limited Partnership
2001-11-13	Reply to motion to strike out, book form (re: Can. Motion Picture), Completed on: 2001-11-13	Richard Rex
2001-11-13	Reply to motion to strike out, book form re: DIRECTV Inc., Completed on: 2001-11-13	Richard Rex
2001-11-09	Response to motion to strike out, (6 copies - book form), Completed on: 2001-11-09	Bell ExpressVu Limited Partnership
2001-11-08	Response to motion to file a reply factum on appeal, book form, Completed on: 2001-11-08	Richard Rex
2001-11-08	Response to motion to strike out, book form, Completed on: 2001-11-08	DIRECTV Inc.
2001-11-08	Response to motion to strike out, book form, Completed on: 2001-11-08	Canadian Motion Picture Distributors Association (CMPDA)
2001-11-01	Motion to strike out, certain paragraphs of the factum of DIRECTV Inc. and to expunge material from the book of authorities of the intervener - book form, Completed on: 2001-11-01	Richard Rex
2001-11-01	Motion to strike out, (to strike certain paragraphs of the intervener, Can. Motion Picture Distributors Ass.) - book form, Completed on: 2001-11-01	Richard Rex
2001-10-31	Book of authorities, re: reply on const. questions (see order dated Nov. 16, 2001) (sent to the bench on Nov. 16, 2001), Completed on: 2001-10-31	Bell ExpressVu Limited Partnership
2001-10-31	Reply factum on appeal, on const. questions (see order) - sent to the bench on Nov. 16, 2001, Completed on: 2001-10-31	Bell ExpressVu Limited Partnership
2001-10-31	Motion to file a reply factum on appeal, to file a reply and authorities related to the constitutional question - book form, Completed on: 2001-10-31	Bell ExpressVu Limited Partnership
2001-10-17	Order on motion for leave to intervene, (ORAL ARGUMENT OF 15 MINUTES GRANTED TO A.G.-CANADA & 10 MINUTES TO THE OTHER INTERVENERS - LEBEL J.)
2001-10-12	Book of authorities, Completed on: 2001-11-05	Congres Iberoamericain du Canada
2001-10-12	Intervener's factum, (see order dated Sept. 11, 2001), Completed on: 2001-10-23	Congres Iberoamericain du Canada
2001-10-12	Book of authorities, (vol. 1 to 3), Completed on: 2001-10-12	Canadian Alliance for Freedom of Information and Ideas (CAFFII)
2001-10-12	Intervener's factum, (see order dated Sept. 11, 2001), Completed on: 2001-10-12	Canadian Alliance for Freedom of Information and Ideas (CAFFII)
2001-10-12	Book of authorities, 13 copies, Completed on: 2001-10-12	Canadian Motion Picture Distributors Association (CMPDA)
2001-10-12	Intervener's factum, (see order dated Sept. 11, 2001) - 25 copies, Completed on: 2001-10-12	Canadian Motion Picture Distributors Association (CMPDA)
2001-10-12	Book of authorities, Completed on: 2001-10-12	DIRECTV Inc.
2001-10-12	Intervener's factum, (see order Sept. 11, 2001), Completed on: 2001-10-12	DIRECTV Inc.
2001-10-12	Book of authorities, Completed on: 2001-10-12	Attorney General of Canada
2001-10-12	Intervener's factum, Completed on: 2001-10-12	Attorney General of Canada
2001-09-14	Respondent's record, Completed on: 2001-09-14	Richard Rex
2001-09-14	Respondent's book of authorities, Completed on: 2001-09-14	Richard Rex
2001-09-14	Respondent's factum, Completed on: 2001-09-14	Richard Rex
2001-09-12	Notice of intervention respecting a constitutional question	Attorney General of Canada
2001-09-11	Order on motion for leave to intervene, (BY THE COURT)
2001-09-11	Decision on the motion for leave to intervene, LeB, by the CONGRES IBEROAMERICAIN DU CANADA. The factum is limited to 20 pages. The interveners factums are to to be filed on or before Oct. 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 (10 MINUTES GRANTED OCT. 17, 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 respondents any additional disbursements occasioned to the appellant and respondents by the interventions. Granted, no order as to costs
2001-09-11	Decision on the motion for leave to intervene, LeB, by the CANADIAN ALLIANCE FOR FREEDOM OF INFORMATION AND IDEAS. The factum is limited to 20 pages. The interveners factums are to to be filed on or before Oct. 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 (10 MINUTES GRANTED OCT. 17, 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 respondents any additional disbursements occasioned to the appellant and respondents by the interventions. Granted, no order as to costs
2001-09-11	Decision on the motion for leave to intervene, LeB, by the DIRECTV Inc. The factum is limited to 20 pages. The interveners factums are to to be filed on or before Oct. 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 (10 MINUTES GRANTED OCT. 17, 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 respondents any additional disbursements occasioned to the appellant and respondents by the interventions. Granted, no order as to costs
2001-09-11	Decision on the motion for leave to intervene, LeB, by the CANADIAN MOTION PICTURE DISTRIBUTORS ASSOCIATION. The factum is limited to 20 pages. The interveners factums are to to be filed on or before Oct. 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 (10 MINUTES GRANTED OCT. 17, 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 respondents any additional disbursements occasioned to the appellant and respondents by the interventions. Granted, no order as to costs
2001-09-11	Decision on the motion for leave to intervene, LeB, by the ATTORNEY GENERAL OF CANADA. The factum is limited to 20 pages. The interveners factums are to to be filed on or before Oct. 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 (15 MINUTES GRANTED OCT. 17, 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 respondents any additional disbursements occasioned to the appellant and respondents by the interventions. Granted, no order as to costs
2001-09-11	Submission of motion for leave to intervene, LeB
2001-09-06	Notice of hearing	Bell ExpressVu Limited Partnership
2001-09-06	Reply to the motion for leave to intervene, (book form), Completed on: 2001-09-07	Canadian Alliance for Freedom of Information and Ideas (CAFFII)
2001-09-05	Notice of constitutional question(s)	Richard Rex
2001-09-05	Appeal hearing scheduled, 2001-12-04 Judgment reserved
2001-09-04	Decision on the motion to state a constitutional question, CJ, 1. Is s. 9(1)(c) of the Radiocommunication Act, R.S.C., 1985, c. R-2, inconsistent with s. 2(b) of the Canadian Charter of Rights and Freedoms? 2. If the answer to question 1 is "yes", can the statutory provision be justified pursuant to s. 1 of the Charter? Notices of interventions are to be filed on or before Oct. 8, 2001. Granted, no order as to costs
2001-08-29	Reply to the motion for leave to intervene, book form, Completed on: 2001-08-29	Congres Iberoamericain du Canada
2001-08-28	Reply to the motion for leave to intervene, (bookform), Completed on: 2001-08-28	DIRECTV Inc.
2001-08-23	Correspondence received from, E. Meehan, Q.C. dated Aug. 23/01 (by fax) re: copy of letter sent to R.J. Wilinofsky in response to his letter dated Aug. 20/01	Bell ExpressVu Limited Partnership
2001-08-23	Response to the motion for leave to intervene, to Canadian Alliance..., Completed on: 2001-08-23	Richard Rex
2001-08-22	Response to the motion for leave to intervene, (bookform) to Canadian Alliance..., Completed on: 2001-08-22	Bell ExpressVu Limited Partnership
2001-08-22	Response to the motion for leave to intervene, (bookform) to Congrès Ibéroaméricain, Completed on: 2001-08-22	Bell ExpressVu Limited Partnership
2001-08-22	Response to the motion for leave to intervene, (bookform) to DIRECTV, Completed on: 2001-08-23	Richard Rex
2001-08-20	Response to the motion for leave to intervene, (Letter Form), to DIRECTV letter from K. William McKenzie dated August 20/01, Completed on: 2001-08-20	Bell ExpressVu Limited Partnership
2001-08-20	Correspondence received from, Ron J. Wilinofsky dated Aug. 20/01 (by fax) re: to confirm his client, M. Lee, respondent, will not participate in this appeal	Michelle Lee
2001-08-20	Submission of motion to state a constitutional question, CJ
2001-08-15	Reply to the motion for leave to intervene, Completed on: 2001-08-16	Canadian Motion Picture Distributors Association (CMPDA)
2001-08-14	Motion for leave to intervene, and Brief of Authorities and Memorandum of Law on Freedom of Expression (book form), Completed on: 2001-08-20	Canadian Alliance for Freedom of Information and Ideas (CAFFII)
2001-08-14	Motion for leave to intervene, book form, Completed on: 2001-08-14	Congres Iberoamericain du Canada
2001-08-13	Motion for leave to intervene, (book form), Completed on: 2001-08-13	DIRECTV Inc.
2001-08-10	Appeal perfected for hearing, Session beginning on 2001-10-01
2001-08-10	Decision on motion to expedite the appeal, CJ, 1) The motion on behalf of the appellant for an order fixing a schedule for the early service and filing of factums and other materials, and for an order fixing a hearing date during the first week of the Fall session is denied; 2) The appeal shall be inscribed for the Fall 2001 session. The respondent's factum shall be filed by September 14, 2001 and the Interveners factum shall be filed by October 12, 2001. The hearing of the appeal shall be scheduled during the month of December 2001. Dismissed, no order as to costs
2001-08-10	Submission of motion to expedite the appeal, CJ
2001-08-08	Response to the motion for leave to intervene, (book form), Completed on: 2001-08-08	Richard Rex, c.o.b. as 'Can-Am Satellites', Richard Rex c.o.b. as 'Can Am Satellites' and c.o.b. as 'CANAM Satellites' and c.o.b. as 'Can Am Satellite' and c.o.b. as 'Can Am Sat' and c.o.b. as 'Can-Am Satellites Digital Media Group' and
2001-08-08	Reply to the motion to state a constitutional question, Completed on: 2001-08-08	Bell ExpressVu Limited Partnership
2001-08-07	Response to the motion for leave to intervene, (Letter Form), from K. W. McKenzie dated August 3, 2001 (fax copy), Completed on: 2001-08-07	Bell ExpressVu Limited Partnership
2001-08-03	Response to the motion to state a constitutional question, book form, Completed on: 2001-08-03	Bell ExpressVu Limited Partnership
2001-07-25	Motion to state a constitutional question, 2 copies, Completed on: 2001-07-25	Richard Rex
2001-07-20	Appellant's book of authorities, vol. I & II, Completed on: 2001-07-20	Bell ExpressVu Limited Partnership
2001-07-20	Appellant's factum, Completed on: 2001-07-20	Bell ExpressVu Limited Partnership
2001-07-20	Appellant's record, vol. I to III, Completed on: 2001-07-20	Bell ExpressVu Limited Partnership
2001-07-17	Response to motion to expedite the appeal, (book form), Completed on: 2001-07-17	Richard Rex
2001-07-12	Motion for leave to intervene, book form, Completed on: 2001-07-12	Canadian Motion Picture Distributors Association (CMPDA)
2001-07-10	Motion to expedite the appeal, book form, Completed on: 2001-07-10	Bell ExpressVu Limited Partnership
2001-06-21	Motion for leave to intervene, (under R. 18), Completed on: 2001-06-21	Attorney General of Canada
2001-06-12	Appeal court record, (1 envelope)
2001-05-17	Notice of deposit for security	Bell ExpressVu Limited Partnership
2001-05-17	Letter acknowledging receipt of notice of appeal
2001-05-16	Order granting leave to appeal
2001-05-16	Notice of appeal, Completed on: 2001-05-16	Bell ExpressVu Limited Partnership
2001-04-20	Notice of deposit of judgment issued to all parties
2001-04-19	Judgment of the Court on the application for leave to appeal Granted, with costs to the applicant(s) in any event of the cause
2001-03-26	All materials on application for leave submitted to the Judges, G Ma Bi
2000-12-14	Respondent's response on the application for leave to appeal, (Letter Form), from R. Wilinofsky dated Dec. 13, 2000 (fax copy) re: will not be filing a response, Completed on: 2000-12-14	Michelle Lee
2000-12-13	Applicant's reply to respondent's argument, Completed on: 2000-12-13	Bell ExpressVu Limited Partnership
2000-12-05	Book of authorities, Completed on: 2000-12-05	Richard Rex
2000-12-05	Respondent's response on the application for leave to appeal, Completed on: 2000-12-05	Richard Rex
2000-12-05	Notice of change of solicitor, from Richard Peck, Q.C. to Alan D. Gold	Richard Rex
2000-11-25	Letter acknowledging receipt of an incomplete application for leave to appeal
2000-11-06	Application for leave to appeal, (C/A Order missing - filed Dec. 5/00), Completed on: 2000-12-05	Bell ExpressVu Limited Partnership

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Bell ExpressVu Limited Partnership	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
Richard Rex	Respondent	Active
Richard Rex, c.o.b. as 'Can-Am Satellites', Richard Rex c.o.b. as 'Can Am Satellites' and c.o.b. as 'CANAM Satellites' and c.o.b. as 'Can Am Satellite' and c.o.b. as 'Can Am Sat' and c.o.b. as 'Can-Am Satellites Digital Media Group' and	Respondent	Active
c.o.b. as 'Can-Am Digital Media Group' and c.o.b. as 'Digital Media Group, Anne Marie Halley a.k.a. Anne Marie Rex, Michael Rex a.k.a. Mike Rex, Rodney Kibler a.k.a. Rod Kibler, Lee-Anne Patterson, Jay Raymond, Jason Anthony, John Doe 1 to 20,	Respondent	Active
Jane Doe 1 to 20 and any other person or persons found on the premises or identified as working at the premises at 22409 McIntosh Avenue, Maple Ridge, British Columbia, who operate or work for businesses carrying on business under the name and style of	Respondent	Active
'Can-Am Satellites', 'Can Am Satellites', 'CanAm Satellites', 'Can Am Satellite', 'Can Am Sat', 'Can-Am Satellites Digital Media Group', 'Can-Am Digital Media Group', 'Digital Media Group', or one or more of them	Respondent	Active
Michelle Lee	Respondent	Active

Other parties

Other parties

Name	Role	Status
Attorney General of Canada	Intervener	Active
Canadian Motion Picture Distributors Association (CMPDA)	Intervener	Active
DIRECTV Inc.	Intervener	Active
Canadian Alliance for Freedom of Information and Ideas (CAFFII)	Intervener	Active
Congres Iberoamericain du Canada	Intervener	Active

Counsel

Summary

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

Related links

• Accessibility
• Restrictions

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.

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

Related links

• Accessibility
• Restrictions

Webcasts

Not available.

Related links

• Accessibility
• Restrictions