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)
2002-08-08	Close file on Leave
2002-07-11	Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2002-07-04	Copy of formal judgment on leave being prepared, on reconsideration
2002-06-14	Notice of deposit of judgment on motion for reconsideration issued to all parties
2002-06-13	Decision on the motion for reconsideration of the application for leave to appeal, The motion for reconsideration of the application for leave to appeal is dismissed with costs to the respondents. Dismissed, with costs
2002-04-29	Submission of motion for reconsideration of the application for leave to appeal to panel, L'HD Arb LeB
2002-04-29	Correspondence (sent by the Court) to, E. Cherniak from A. Roland re: acknowledge receipt of his letter dated April 12, 2002; reconsideration will be submitted to the judges
2002-04-15	Correspondence received from, E. Cherniak dated April 12, 2002 re: acknowledge receipt of A. Roland's letter dated March 25, 2002	The Chippewas of Sarnia Band
2002-03-25	Correspondence (sent by the Court) to, E. Cherniak from A. Roland re: Reekie
2002-01-18	Book of authorities, re: reconsideration (service to the applicant missing - rec'd Feb. 1/02), Completed on: 2002-02-01	Her Majesty the Queen in Right of Ontario
2002-01-18	Response to motion for reconsideration of the application for leave to appeal, (service to the applicant missing - rec'd Feb. 1/02), Completed on: 2002-02-01	Her Majesty the Queen in Right of Ontario
2002-01-18	Book of authorities, on motion for reconsideration of leave, Completed on: 2002-01-18	Attorney General of Canada
2002-01-18	Response to motion for reconsideration of the application for leave to appeal, Completed on: 2002-01-18	Attorney General of Canada
2002-01-15	Response to motion for reconsideration of the application for leave to appeal, Completed on: 2002-01-15	Canadian National Railway Company
2001-12-21	Motion for reconsideration of the application for leave to appeal, Completed on: 2002-01-15	The Chippewas of Sarnia Band
2001-12-20	Close file on Leave
2001-12-20	Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2001-12-19	Correspondence received from, S. Warwick dated Dec. 19, 2001 (fax copy) re: will file a response to the motion for reconsideration within 30 days	Attorney General of Canada
2001-11-15	Copy of formal judgment on leave being prepared
2001-11-09	Notice of deposit of judgment issued to all parties
2001-11-08	Judgment of the Court on the application for leave to appeal, The application for leave to appeal is dismissed with costs on a party and party basis to the respondents Her Majesty the Queen in Right of Ontario, Canadian National Railway Company, Dow Chemical Canada Inc. and Union Gas Ltd., The Corporation of the City of Sarnia, Amoco Canada Resources Ltd. and Amoco Canada Petroleum Company Ltd., Ontario Hydro Networks Company Inc., Union Gas Limited, Interprovincial Pipe Line Inc., The Bank of Montreal, The Toronto-Dominion Bank and Canada Trustco Mortgage Company individually and as class representatives. Dismissed, costs on a party and party basis
2001-10-31	Correspondence received from, Earl A. Cherniak dated Oct. 30/01 together with 2 documents entitled ''Equitable Principles and Aboriginal Title'' and ''Extinguishment of Aboriginal Title in Canada''	The Chippewas of Sarnia Band
2001-10-19	Correspondence received from, E. Ria Tzimas (by fax) dated Oct. 19/01 re: she concurs with Mr. Crane's letter of Oct. 17/01	Her Majesty the Queen in Right of Ontario
2001-10-19	Correspondence received from, Scott Warwick (by fax) dated Oct. 19/01 re: the Court should not receive Mr. Reynolds' article but K. Waters' article poses no such concern	Attorney General of Canada
2001-10-18	Correspondence received from, Earl A. Cherniak dated (by fax) Oct. 18/01 in response to Mr. Crane's letter of Oct. 17/01 re: J.I. Reynolds' article has been accepted for publication	The Chippewas of Sarnia Band
2001-10-17	Correspondence received from, Brian A. Crane dated Oct. 17/01 re: no objection to the filing of K.A. Waters' article but oppose J.I. Reynolds' article	Canadian National Railway Company
2001-10-10	Correspondence received from, Earl A. Cherniak dated Oct. 9/01 with an article from K. A. Waters and one other from J. I. Reynolds	The Chippewas of Sarnia Band
2001-10-01	All materials on application for leave submitted to the Judges, L'HD Arb LeB
2001-08-09	Correspondence received from, S. Warwick dated Aug. 9/01 re: C/A Order (by fax)	Attorney General of Canada
2001-06-15	Correspondence received from, E.A. Cherniak dated June 12/01 (by fax) copy of letter sent to Ontario C/A re: C/A Order	The Chippewas of Sarnia Band
2001-06-12	Book of authorities, Completed on: 2001-06-12	The Chippewas of Sarnia Band
2001-06-12	Applicant's reply to respondent's argument, (to A.G. Canada's Response) see decision dated May 24/01, Completed on: 2001-06-12	The Chippewas of Sarnia Band
2001-06-07	Book of authorities, Completed on: 2001-06-07	The Chippewas of Sarnia Band
2001-06-07	Applicant's reply to respondent's argument, (to Class Representatives' Response), Completed on: 2001-06-07	The Chippewas of Sarnia Band
2001-06-07	Correspondence received from, A.L. Maxwell dated June 6/01 re: enclosing Revised Reply to eliminate typographical errors only and replacement pages for authorities on leave at Tab 40 of Vol. I	The Chippewas of Sarnia Band
2001-06-01	Correspondence received from, Elizabeth K.P. Grace (by fax) dated June 1/01 re: still awaiting the C/A order	The Chippewas of Sarnia Band
2001-05-30	Respondent's response on the application for leave to appeal, (joint response - see decision dated March 15/01), Completed on: 2001-05-30	Canadian National Railway Company
2001-05-28	Book of authorities, Completed on: 2001-05-28	Attorney General of Canada
2001-05-28	Respondent's response on the application for leave to appeal, (see decision dated Apr. 10/01), Completed on: 2001-05-28	Attorney General of Canada
2001-05-24	Order on motion to extend time
2001-05-24	Decision on motion to extend time, Reg, to serve and file the applicant's reply to June 12, 2001. Granted, no order as to costs
2001-05-24	Submission of motion to extend time, Reg
2001-05-22	Response to motion to extend time, from Gowlings (fax copy), Completed on: 2001-05-22	Canadian National Railway Company
2001-05-16	Motion to extend time, to file the reply to A.G. Canada's Response to June 12, 2001 (book form), Completed on: 2001-05-16	The Chippewas of Sarnia Band
2001-05-08	Book of authorities, re: reply, Completed on: 2001-05-08	The Chippewas of Sarnia Band
2001-05-08	Applicant's reply to respondent's argument, (to R. of Ontario's Response) (REVISED REPLY rec'd June 12/01 and served June 11/01), Completed on: 2001-05-08	The Chippewas of Sarnia Band
2001-05-03	Letter acknowledging receipt of an incomplete application for leave to appeal
2001-04-30	Book of authorities, Completed on: 2001-04-30	Her Majesty the Queen in Right of Ontario
2001-04-30	Respondent's response on the application for leave to appeal, Completed on: 2001-04-30	Her Majesty the Queen in Right of Ontario
2001-04-10	Decision on motion to extend time, DeRg, to serve & file the response of the respondent Attorney General of Canada to May 30, 2001. Granted, no order as to costs
2001-04-10	Submission of motion to extend time, DeRg
2001-03-30	Book of authorities, vol. I & II, Completed on: 2001-03-30	The Chippewas of Sarnia Band
2001-03-30	Application for leave to appeal, vol. I to III (see order of Feb. 21/01)(C/A order received Sept. 11/01), Completed on: 2001-09-11	The Chippewas of Sarnia Band
2001-03-29	Motion to extend time, to serve and file the Response by an additional 30 days, Completed on: 2001-03-29	Attorney General of Canada
2001-03-28	Response to motion to extend time, (Letter Form), letter from Brian A. Crane, Q.C. dated March 28/01, Completed on: 2001-03-28	Canadian National Railway Company
2001-03-19	Order on motion to extend time
2001-03-15	Decision on motion to extend time, Reg, to serve and file the landowner respondents' joint response to May 30, 2001. Granted, no order as to costs
2001-03-15	Submission of motion to extend time, Reg
2001-03-09	Response to motion to extend time, from S. Warwick dated March 8/01 (by fax), Completed on: 2001-03-09	Attorney General of Canada
2001-03-06	Response to motion to extend time, (Letter Form), from E. Grace dated March 6, 2001 (fax copy), Completed on: 2001-03-06	The Chippewas of Sarnia Band
2001-03-02	Motion to extend time, for an additional 30 days to file the response - 1 copy, Completed on: 2001-03-05	Canadian National Railway Company
2001-02-21	Order on motion to extend the time to file and/or serve the leave application, (by the Court)(joint with lengthy argument)
2001-02-21	Decision on motion to file a lengthy memorandum of argument, Ma, by the applicant not exceeding 40 pages in length. Dismissed, no order as to costs
2001-02-21	Decision on motion to extend time to file and /or serve the leave application, Ma, to March 30, 2001. Granted, no order as to costs
2001-02-21	Submission of motion to file a lengthy memorandum of argument, Ma
2001-02-21	Submission of motion to extend time to file and/ or serve the leave application, Ma
2001-02-14	Correspondence received from, E. Grace dated Feb. 14, 2001 (fax copy) re: will not be filing a reply to the responses	The Chippewas of Sarnia Band
2001-02-14	Response to the motion to file a lengthy memorandum of argument, (Letter Form), (by fax) dated Feb. 7/01 from Scott Warwick (joint with response to extension), Completed on: 2001-02-14	Attorney General of Canada
2001-02-14	Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), (by fax) dated Feb. 7/01 from Scott Warwick (joint with response to lengthy memorandum), Completed on: 2001-02-14	Attorney General of Canada
2001-02-12	Response to the motion to file a lengthy memorandum of argument, (Letter Form), from E. Ria Tzimas dated Feb. 9/01 (by fax), Completed on: 2001-02-12	Her Majesty the Queen in Right of Ontario
2001-02-12	Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), from E. Ria Tzimas dated Feb. 9/01 (by fax), Completed on: 2001-02-12	Her Majesty the Queen in Right of Ontario
2001-02-09	Correspondence received from, R. Houston dated Feb. 9, 2001 (fax copy) re: the Hon. Justice Binnie has in the past acted for one of the Defendants	Her Majesty the Queen in Right of Ontario
2001-02-09	Response to the motion to file a lengthy memorandum of argument, (Letter Form), from B. Crane dated Feb. 9, 2001 (joint response), Completed on: 2001-02-09	Canadian National Railway Company
2001-02-09	Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), from B. Crane dated Feb. 9, 2001 (joint response), Completed on: 2001-02-09	Canadian National Railway Company
2001-02-05	Motion to file a lengthy memorandum of argument, (40 pages)(joint with motion to extend the time), Completed on: 2001-02-05	The Chippewas of Sarnia Band
2001-02-05	Motion to extend the time to file and or serve the application for leave to appeal, to March 30, 2001 (vol. 1 to 3), Completed on: 2001-02-05	The Chippewas of Sarnia Band

Parties

Main parties

Main parties - Appellants

Name	Role	Status
The Chippewas of Sarnia Band	Applicant	Active

v.

Main parties - Respondents

Name	Role	Status
Attorney General of Canada	Respondent	Active
Her Majesty the Queen in Right of Ontario	Respondent	Active
Canadian National Railway Company	Respondent	Active
Dow Chemical Canada Inc.	Respondent	Active
The Corporation of the City of Sarnia	Respondent	Active
Amoco Canada Resources Ltd. and Amoco Canada Petroleum Company Ltd.	Respondent	Active
Ontario Hydro Networks Company Inc.	Respondent	Active
Union Gas Limited	Respondent	Active
Interprovincial Pipe Line Inc.	Respondent	Active
The Bank of Montreal, The Toronto-Dominion Bank and Canada Trustco Mortgage Company individually and as class representatives	Respondent	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.

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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.

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