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28272

The Corporation of the City of Windsor v. Canadian Pacific Railway Company, et al.

(Federal) (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)
2023-07-27 Close file on Leave
2023-07-27 General proceeding, (Letter Form), Notice of Satisfaction of Order on Costs Shergar Developments Inc.
2023-07-27 Reopen file
2001-07-11 Close file on Leave
2001-07-06 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2001-06-27 Copy of formal judgment on leave being prepared
2001-06-22 Notice of deposit of judgment issued to all parties
2001-06-21 Judgment of the Court on the application for leave to appeal, The application for an extension of time is granted and the application for leave to appeal is dismissed with costs to the respondents Canadian Pacific Railway Company and Shergar Developments Inc.
Dismissed, with costs
2001-06-21 Decision on motion to extend time to file and /or serve the leave application, G Ma Bi
Granted, no order as to costs
2001-05-28 Submission of motion to extend time to file and/ or serve the leave application, G Ma Bi
2001-05-28 All materials on application for leave submitted to the Judges, G Ma Bi
2001-02-15 Applicant's reply to respondent's argument, (to Canadian Transportation Agency)(served on Feb. 14/01 and acknowledgments of service March 6 and 9/01), Completed on: 2001-03-13 The Corporation of the City of Windsor
2001-02-15 Applicant's reply to respondent's argument, (to Canadian Pacific)(served on Feb. 14/01 and acknowledgments of service March 6 and 9/01), Completed on: 2001-03-13 The Corporation of the City of Windsor
2001-02-12 Order on motion to add or substitute parties
2001-02-09 Letter acknowledging receipt of a complete application for leave to appeal
2001-02-08 Book of authorities, Incomplete Canadian Transportation Agency
2001-02-08 Respondent's response on the application for leave to appeal, (see order), Incomplete Canadian Transportation Agency
2001-02-08 Book of authorities, Completed on: 2001-02-08 Shergar Developments Inc.
2001-02-08 Respondent's response on the application for leave to appeal, (proof of delivery requested - received Feb. 19/01), Completed on: 2001-02-19 Shergar Developments Inc.
2001-02-07 Book of authorities, Incomplete Canadian Pacific Railway Company
2001-02-07 Respondent's response on the application for leave to appeal, (proof of service requested - courier), Incomplete Canadian Pacific Railway Company
2001-02-06 Decision on motion to add or substitute parties, Reg, The motion on behalf of the Canadian Transportation Agency to be added as a party respondent.
Granted, no order as to costs
2001-02-06 Submission of motion to add or substitute parties, Reg
2001-02-01 Response to motion to add or substitute parties, (consent included in motion book), Completed on: 2001-02-01 Shergar Developments Inc.
2001-02-01 Response to motion to add or substitute parties, (consent include in motion book), Completed on: 2001-02-01 Canadian Pacific Railway Company
2001-02-01 Response to motion to add or substitute parties, (consent included in motion book), Completed on: 2001-02-01 The Corporation of the City of Windsor
2001-02-01 Motion to add or substitute parties, (bookform), Completed on: 2001-02-01 Canadian Transportation Agency
2001-01-15 Supplemental document, (affidavit of Ann Mulvale) - book form - 5 copies The Corporation of the City of Windsor
2001-01-09 Motion to extend the time to file and or serve the application for leave to appeal, to Jan. 9/01 (joint with Leave Application - Affidavit in support filed separately Jan. 22/00), Completed on: 2001-01-09 The Corporation of the City of Windsor
2001-01-09 Application for leave to appeal, (joint with extension of time), Completed on: 2001-01-09 The Corporation of the City of Windsor
2001-01-02 Decision on motion to extend time to file and /or serve the leave application, Ba, until 60 days after the decision of the Superior Court of Ontario in two applications pending before that Court.
Dismissed, with costs
2001-01-02 Submission of motion to extend time to file and/ or serve the leave application, Ba
2000-12-19 Reply to the motion to extend time to file and/ or serve the leave application, (Letter Form), to CP's Response to Motion, Completed on: 2000-12-19 The Corporation of the City of Windsor
2000-12-13 Response to the motion to extend the time to file and / or serve the leave application, (book form) (received by fax Dec. 12/00), Completed on: 2000-12-18 Canadian Pacific Railway Company
2000-12-12 Correspondence received from, G.K. Kramer dated Dec. 12/00 (by fax) re: will file a Reply to Response from CP by Dec. 19/00 (original received Dec. 19/00) The Corporation of the City of Windsor
2000-12-11 Correspondence received from, A.R. Patton dated Dec. 11/00 (by fax) re: consents to CP's extension to file response Shergar Developments Inc.
2000-12-08 Correspondence received from, J.L. Bowles dated Dec. 8/00 (by fax) re: requesting extension of time to file Response to motion to Dec. 12/00 Canadian Pacific Railway Company
2000-12-08 Notice of change of solicitor, from Paul Gauthrie to John L. Bowles (Fasken Martineau DuMoulin) Canadian Pacific Railway Company
2000-12-06 Reply to the motion to extend time to file and/ or serve the leave application, (5 copies), Completed on: 2000-12-06 The Corporation of the City of Windsor
2000-12-04 Response to the motion to extend the time to file and / or serve the leave application, (book form), Completed on: 2000-12-04 Shergar Developments Inc.
2000-11-27 Motion to extend the time to file and or serve the application for leave to appeal, 60 days after decision of Superior Court of Ontario (book form), Completed on: 2000-11-27 The Corporation of the City of Windsor

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 Corporation of the City of Windsor Applicant Active

v.

Main parties - Respondents
Name Role Status
Canadian Pacific Railway Company Respondent Active
Shergar Developments Inc. Respondent Active
Canadian Transportation Agency Respondent Active

Counsel

Party: The Corporation of the City of Windsor

Counsel
Stephen F. Waqué
Gabrielle K. Kramer
Borden Ladner Gervais LLP
Bay Adelaide Centre, East Tower
22 Adelaide Street West, Suite 3400
Toronto, Ontario
M5H 4E3
Telephone: (416) 367-6275
FAX: (416) 361-2708
Email: swaque@blg.com
Agent
Carole J. Brown
Borden Ladner Gervais LLP
World Exchange Plaza
1100 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: cbrown@blgcanada.com

Party: Canadian Pacific Railway Company

Counsel
Peter L. Roy
Nicole I. Zwiers
Fasken Martineau DuMoulin LLP
B. O. Box 20
Toronto-Dominion Centre
Toronto, Ontario
M5K 1N6
Telephone: (416) 366-8381
FAX: (416) 364-7813
Agent
Barbara Sinclair
Lang Michener LLP
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: bsinclair@langmichener.ca

Party: Shergar Developments Inc.

Counsel
Alan R. Patton
Brad D. Bain
Patton, Cormier & Associates
1512 - 140 Fullarton Street
London, Ontario
N6A 5P2
Telephone: (519) 432-8282
FAX: (519) 432-7285
Email: apatton@pattoncormier.ca

Party: Canadian Transportation Agency

Counsel
Ron Ashley
Canadian Transportation Agency
Legal Services Directorate
15 Eddy Street, 19th Floor
Hull, Quebec
K1A 0N9
Telephone: (819) 997-9324
FAX: (819) 953-9269

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

September 26, 2000
Federal Court of Appeal

A-649-98

Appeal dismissed with costs

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.

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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Webcasts

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Date modified: 2025-02-27