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)
2003-02-20	Appeal closed
2003-02-03	Judgment on appeal and notice of deposit of judgment sent to all parties
2003-01-30	Written reasons rendered after oral judgment, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal of Manitoba, Number AI00-30-04743, dated December 13, 2000, was heard on October 31, 2002 and the Court on that day delivered the following judgment orally: The Court does not find it necessary to hear from the respondents or the interveners. We all agree that the appeal should be dismissed, reasons to follow. On this day reasons were delivered and the judgment was restated as follows: The appeal is dismissed and the respondents are entitled to costs. The constitutional questions are answered as follows: (See long judgment) Dismissed
2002-12-03	Record returned to the Registrar of the Court of Appeal
2002-11-13	Transcript received, (35 pp)
2002-11-04	Judgment on appeal and notice of deposit of judgment sent to all parties
2002-10-31	Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal of Manitoba, Number AI00-30-04743, dated December 13, 2000, was heard on October 31, 2002 and the Court this day delivered the following judgment: The Chief Justice (orally): The Court does not find it necessary to hear from the respondents or the interveners. We all agree that the appeal should be dismissed, reasons to follow. (REASONS DELIVERED JANUARY 30, 2003) Dismissed
2002-10-31	Judgment reserved OR rendered with reasons to follow
2002-10-31	General proceeding, Condensed book.	Attorney General for Ontario
2002-10-31	Acknowledgement and consent for video taping of proceedings
2002-10-31	Hearing of the appeal, 2002-10-31, (V062), CJ G Ia Ma Ba Bi Arb LeB De Judgment rendered
2002-10-21	Notice of appearance, (Letter Form), from Sylvie-Anne St. Aubin, faxed and dated 21 Oct. 2002.	Attorney General of Canada
2002-10-16	Notice of withdrawal	Attorney General for Saskatchewan
2002-09-09	Appeal hearing scheduled, 2002-10-31 Judgment rendered
2002-08-20	Notice of hearing	David Albert Siemens
2002-07-26	Order on motion for leave to intervene, (15 MINUTES GRANTED BY LEBEL J.)
2002-07-10	Respondent's book of authorities, re: reply, Completed on: 2002-07-10	The Attorney General of Manitoba
2002-07-10	Reply factum on appeal, (see order dated May 14, 2002), Completed on: 2002-07-10	The Attorney General of Manitoba
2002-06-19	Order on motion to extend time
2002-06-19	Decision on motion to extend time, DeRg, to serve and file the factum and book of authorities of the intervener Attorney General of Alberta to May 31, 2002, nunc pro tunc. Granted
2002-06-19	Submission of motion to extend time, DeRg
2002-06-13	Response to motion to extend time, (Letter Form), from Gowlings dated June 13/02 (by fax) (joint with response from Appellants), Completed on: 2002-06-13	The Attorney General of Manitoba
2002-06-13	Response to motion to extend time, (Letter Form), from Gowlings dated June 13/02 (by fax) (joint with response from Respondent), Completed on: 2002-06-13	David Albert Siemens
2002-06-12	Motion to extend time, to file the authorities to May 31, 2002 - 1 copy, Completed on: 2002-06-12	Attorney General of Alberta
2002-05-31	Book of authorities, (see order), Completed on: 2002-05-31	Attorney General for Ontario
2002-05-31	Intervener's factum, (see order), Completed on: 2002-05-31	Attorney General for Ontario
2002-05-31	Book of authorities, (extension of time requested), Completed on: 2002-05-31	Attorney General of Alberta
2002-05-31	Intervener's factum, (extension of time requested), Completed on: 2002-06-10	Attorney General of Alberta
2002-05-15	Order on motion to extend time
2002-05-14	Order on motion to strike out, (by Iacobucci J.)
2002-05-14	Decision on motion to strike out, Ia, 1. The application by the respondents for an order striking the factum of the interveners 292129 Alberta Ltd. et al. is dismissed. 2. The respondents are granted permission to file a factum of up to 20 pages in reply to the factum of the interveners 292129 Alberta Ltd. et al. 3. There shall be no order as to costs. Dismissed
2002-05-14	Submission of motion to strike out, Ia
2002-05-09	Decision on motion to extend time, Reg, to serve and file the factum and book of authorities of the intervener Attorney General of Ontario to May 31, 2002. Granted
2002-05-09	Submission of motion to extend time, Reg
2002-04-29	Notice of withdrawal	Attorney General of British Columbia
2002-04-26	Response to motion to strike out, 2 copies - book form, Completed on: 2002-04-26	292129 Alberta Ltd., operating as The Empress Hotel, 484906 Alberta Ltd., operating as Lacombe Motor Inn, Leto Steak & Seafood House Ltd.
2002-04-26	Response to motion to strike out, (Letter Form), from Gowlings dated April 26, 2002, Completed on: 2002-04-26	David Albert Siemens
2002-04-24	Response to motion to extend time, (Letter Form), letter from Gowlings dated April 24/02, Completed on: 2002-04-24	The Attorney General of Manitoba
2002-04-23	Motion to extend time, to file the factum and authorities to May 31, 2002 - 1 copy, Completed on: 2002-04-23	Attorney General for Ontario
2002-04-19	Supplemental document, (memorandum of argument in support of motion to strike out) - 2 copies, book form (service requested)	The Attorney General of Manitoba
2002-04-19	Motion to strike out, the factum of the interveners, 292129 Alberta Ltd., et al or alternatively, to file a reply - 2 copies (affidavit only in book form), Incomplete	The Attorney General of Manitoba
2002-04-16	Book of authorities, Vol. I & II, Completed on: 2002-05-02	Attorney General of New Brunswick
2002-04-15	Intervener's factum, Completed on: 2002-04-15	Attorney General of New Brunswick
2002-04-10	Intervener's factum, Completed on: 2002-04-10	Attorney General of Canada
2002-04-09	Book of authorities, Completed on: 2002-04-09	292129 Alberta Ltd., operating as The Empress Hotel, 484906 Alberta Ltd., operating as Lacombe Motor Inn, Leto Steak & Seafood House Ltd.
2002-04-09	Intervener's factum, Completed on: 2002-04-09	292129 Alberta Ltd., operating as The Empress Hotel, 484906 Alberta Ltd., operating as Lacombe Motor Inn, Leto Steak & Seafood House Ltd.
2002-03-18	Appeal perfected for hearing, Session beginning on 2002-09-30
2002-03-13	Respondent's book of authorities, Completed on: 2002-03-13	The Attorney General of Manitoba
2002-03-13	Respondent's factum, Completed on: 2002-03-13	The Attorney General of Manitoba
2002-02-04	Notice of intervention respecting a constitutional question	Attorney General for Saskatchewan
2002-02-04	Notice of intervention respecting a constitutional question	Attorney General of Canada
2002-02-01	Notice of intervention respecting a constitutional question	Attorney General of British Columbia
2002-01-31	Appellant's factum, Completed on: 2002-01-31	David Albert Siemens
2002-01-31	Appellant's book of authorities, Completed on: 2002-01-31	David Albert Siemens
2002-01-31	Notice of intervention respecting a constitutional question	Attorney General of New Brunswick
2002-01-30	Notice of intervention respecting a constitutional question	Attorney General for Ontario
2002-01-23	Appellant's record, Completed on: 2002-01-23	David Albert Siemens
2002-01-23	Notice of intervention respecting a constitutional question	Attorney General of Alberta
2002-01-04	Notice of constitutional question(s)	David Albert Siemens
2002-01-03	Order on motion to state a constitutional question
2001-12-19	Decision on the motion to state a constitutional question, CJ, Notices of intervention are to be filed on or before February 4, 2002. 1. Is The Gaming Control Local Option (VLT) Act, S.M. 1999, c. 44, in its entirety ultra vires the Legislature of the Province of Manitoba as it relates to a subject matter which is within the exclusive jurisdiction of the Parliament of Canada under s. 91(27) of the Constitution Act, 1867? 2. Is s. 16(1) of The Gaming Control Local Option (VLT) Act, S.M. 1999, c. 44, ultra vires, the Legislature of the Province of Manitoba as it relates to a subject matter which is within the exclusive jurisdiction of the Parliament of Canada under s. 91(27) of the Constitution Act, 1867? 3. Is s. 16 of The Gaming Control Local Option (VLT) Act inconsistent with s. 2(b) of the Canadian Charter of Rights and Freedoms? 4. If the answer to question 3 is in the affirmative, is s. 16 of The Gaming Control Local Option (VLT) Act nevertheless justified by s. 1 of the Canadian Charter of Rights and Freedoms? 5. Is s. 16 of The Gaming Control Local Option (VLT) Act inconsistent with s. 7 of the Canadian Charter of Rights and Freedoms? 6. If the answer to question 5 is in the affirmative, is s. 16 of The Gaming Control Local Option (VLT) Act nevertheless justified by s. 1 of the Canadian Charter of Rights and Freedoms? 7. Is s. 16 of The Gaming Control Local Option (VLT) Act inconsistent with s. 15(1) of the Canadian Charter of Rights and Freedoms? 8. If the answer to question 7 is in the affirmative, is s. 16 of The Gaming Control Local Option (VLT) Act nevertheless justified by s. 1 of the Canadian Charter of Rights and Freedoms? Granted, no order as to costs
2001-12-14	Order on motion for leave to intervene, (by the Judge)
2001-12-14	Decision on the motion for leave to intervene, LeB, by 292129 ALBERTA LTD., ET AL. A joint factum is limited to 20 pages. 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 JULY 26, 2002). 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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by the interventions. Granted, no order as to costs
2001-12-14	Submission of motion for leave to intervene, LeB
2001-12-13	Response to the motion for leave to intervene, (Letter Form), (fax), Completed on: 2001-12-13	David Albert Siemens
2001-11-30	Response to the motion for leave to intervene, (does not take any position - included in motion), Completed on: 2001-11-30	The Attorney General of Manitoba
2001-11-30	Motion for leave to intervene, (memorandum of fact in support of motion filed separetely) - 2 copies, Completed on: 2001-11-30	292129 Alberta Ltd., operating as The Empress Hotel, 484906 Alberta Ltd., operating as Lacombe Motor Inn, Leto Steak & Seafood House Ltd.
2001-11-22	Submission of motion to state a constitutional question, CJ
2001-11-05	Appeal court record, 1 box (joint with Q'sB book of exhibits)
2001-11-05	Response to the motion to state a constitutional question, (Letter Form), from H. Brown dated Nov. 5, 2001, Completed on: 2001-11-05	The Attorney General of Manitoba
2001-10-26	Motion to state a constitutional question, 2 copies, Incomplete	David Albert Siemens
2001-10-17	Copy of formal judgment on leave being prepared
2001-10-12	Correspondence (sent by the Court) to, all parties; re: filing timetable / tentative hearing date
2001-10-12	Order granting leave to appeal
2001-10-04	Notice of deposit for security	David Albert Siemens
2001-10-03	Notice of appeal, (proof of service received Oct. 17, 2001), Completed on: 2001-10-03	David Albert Siemens
2001-09-14	Notice of deposit of judgment issued to all parties
2001-09-13	Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted with costs to the applicants David Albert Siemens, Eloisa Ester Siemens and Sie-Cor Properties Inc. o/a The Winkler Inn in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause
2001-06-11	All materials on application for leave submitted to the Judges, CJ Ia Ba
2001-03-27	Letter acknowledging receipt of an incomplete application for leave to appeal
2001-02-28	Applicant's reply to respondent's argument, Completed on: 2001-02-28	David Albert Siemens
2001-02-22	Book of authorities, Completed on: 2001-02-22	The Attorney General of Manitoba
2001-02-22	Respondent's response on the application for leave to appeal, Completed on: 2001-02-22	The Attorney General of Manitoba
2001-02-08	Book of authorities, Completed on: 2001-02-08	David Albert Siemens
2001-02-08	Application for leave to appeal, (C.A. order missing filed Apr. 9), Completed on: 2001-04-09	David Albert Siemens

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Siemens, David Albert	Appellant	Active
Eloisa Ester Siemens and Sie-Cor Properties Inc. o/a The Winkler Inn	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
The Attorney General of Manitoba	Respondent	Active
The Government of Manitoba	Respondent	Active

Other parties

Other parties

Name	Role	Status
292129 Alberta Ltd., operating as The Empress Hotel, 484906 Alberta Ltd., operating as Lacombe Motor Inn, Leto Steak & Seafood House Ltd.	Intervener	Active
Neubro Holdings Inc., operating as Lacombe Hotel and 324195 Alberta Ltd., operating as K. C's Steak & Pizza	Intervener	Active
Neufeld, Wayne	Intervener	Active
Kadoglou, Katerina	Intervener	Active
Attorney General for Ontario	Intervener	Active
Attorney General of New Brunswick	Intervener	Active
Attorney General of Alberta	Intervener	Active
Attorney General of 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.

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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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Webcasts

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