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28593

Superior Propane Inc., et al. v. The Commissioner of Competition

(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)
2001-11-26 Close file on Leave
2001-11-23 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2001-10-17 Copy of formal judgment on leave being prepared
2001-09-14 Notice of deposit of judgment issued to all parties
2001-09-13 Decision on the motion for a stay of execution, The application for leave to appeal is dismissed as well as the motion for a stay of proceedings with costs to the respondent The Commissioner of Competition.
Dismissed, with costs
2001-09-13 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is dismissed as well as the motion for a stay of proceedings with costs to the respondent The Commissioner of Competition
Dismissed, with costs
2001-09-13 Decision on motion to expedite the application for leave to appeal, The motion to expedite is granted with costs to the applicants.
Granted, with costs
2001-08-08 Correspondence received from, J. Rook dated August 8, 2001 (fax copy) re: acknowledge receipt of Mr. Finkelstein's letter dated Aug. 1, 2001(sent to panel August 9, 2001) The Commissioner of Competition
2001-08-01 Correspondence received from, Neil Finkelstein (by fax) dated August 1/01 re: objective summary (sent to panel on August 7, 2001) Superior Propane Inc.
2001-07-30 Submission of motion to expedite the application for leave to appeal, (bench changed from G, Ma, Bi on Sept. 6), CJ Ma Bi
2001-07-30 Submission of motion for a stay of execution, (bench changed from G, Ma, Bi on Sept. 6), CJ Ma Bi
2001-07-30 All materials on application for leave submitted to the Judges, (bench changed from G, Ma, Bi on Sept. 6), CJ Ma Bi
2001-06-19 Applicant's reply to respondent's argument, Completed on: 2001-06-19 Superior Propane Inc.
2001-06-14 Book of authorities, Completed on: 2001-06-14 The Commissioner of Competition
2001-06-14 Respondent's response on the application for leave to appeal, Completed on: 2001-06-14 The Commissioner of Competition
2001-06-07 Order issued on motion for a stay of execution
2001-06-07 Decision on motion to expedite the application for leave to appeal, (see decision of stay)
Referred, no order as to costs
2001-06-07 Decision on the motion for a stay of execution, The application for a stay of proceedings and for an order expediting the application for leave to appeal and, if granted, the appeal, is referred to the panel seized of the application for leave to appeal.
Referred, no order as to costs
2001-06-07 Submission of motion to expedite the application for leave to appeal, L'HD
2001-06-07 Submission of motion for a stay of execution, L'HD
2001-06-06 Book of authorities, (on reply to Motion for Stay - book form), Completed on: 2001-06-06 Superior Propane Inc.
2001-06-06 Reply to motion for a stay of execution, Vol. I to III (book form), Completed on: 2001-06-06 Superior Propane Inc.
2001-06-04 Book of authorities, on response to Motion for Stay (book form), Completed on: 2001-06-04 The Commissioner of Competition
2001-06-04 Response to the motion for a stay of execution, (book form) (see decision dated May 29/01), Completed on: 2001-06-04 The Commissioner of Competition
2001-05-29 Order on motion to extend time, (by the Court)
2001-05-29 Decision on motion to extend time, Ma, to serve and file the response to the applicants motion for a stay to June 14, 2001 is dismissed with costs. The respondent shall serve and file its response to the applicants motion for a stay on or before June 4, 2001.
Allowed in part, costs against the respondent
2001-05-29 Submission of motion to extend time, Ma
2001-05-28 Reply to motion to extend time, to file response to motion for stay (book form), Completed on: 2001-05-28 The Commissioner of Competition
2001-05-25 Correspondence received from, Charlotte Kanya-Forstner dated May 25/01 (by fax) re: confirming permission to participate Superior Propane Inc.
2001-05-24 Correspondence received from, Charlotte Kanya-Forstner dated May 23/01 (by fax) re: seeking permission from the Court to participate Superior Propane Inc.
2001-05-24 Response to motion to extend time, to file the response to the motion for stay (bookform), Completed on: 2001-05-24 Superior Propane Inc.
2001-05-23 Correspondence received from, Derek J. Bell dated May 22/01 (by fax) re: confirming permission to participate The Commissioner of Competition
2001-05-23 Book of authorities, re: motion to extend the time, Completed on: 2001-05-23 The Commissioner of Competition
2001-05-23 Motion to extend time, to file the response to the motion for stay of June 14, 2001 (book form), Completed on: 2001-05-23 The Commissioner of Competition
2001-05-22 Correspondence received from, Derek J. Bell dated May 22/01 (by fax) re: seeking permission from the Court to participate The Commissioner of Competition
2001-05-17 Correspondence received from, John Rook (by fax) re: enclosing a revised scheduling order from the Competition Tribunal The Commissioner of Competition
2001-05-17 Correspondence received from, Neil Finkelstein (by fax) re: comments on Mr. Rook's letter May 16 and reasons for not seeking a stay in the Court of Appeal. Superior Propane Inc.
2001-05-17 Letter acknowledging receipt of a complete application for leave to appeal
2001-05-16 Correspondence received from, J.F. Rook, Q.C. dated May 16/01 (by fax) re: will file response to leave application and Stay before June 14/01 (MOTION TO EXTEND TIME REQUESTED) The Commissioner of Competition
2001-05-15 Book of authorities, Completed on: 2001-05-15 Superior Propane Inc.
2001-05-15 Application for leave to appeal, Completed on: 2001-05-15 Superior Propane Inc.
2001-05-15 Book of authorities, on Motion for a Stay and Motion to Expedite, Completed on: 2001-05-15 Superior Propane Inc.
2001-05-15 Motion to expedite the application for leave to appeal, Completed on: 2001-05-15 Superior Propane Inc.
2001-05-15 Motion for a stay of execution, joint with Motion to Expedite (book form), Completed on: 2001-05-15 Superior Propane Inc.

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
Superior Propane Inc. Applicant Active
ICG Propane Inc. Applicant Active

v.

Main parties - Respondents
Name Role Status
The Commissioner of Competition Respondent Active

Counsel

Party: Superior Propane Inc.

Counsel
Names
Neil Finkelstein
Jeff Galway
Melanie Aitken
Martha Cook
Contact information
Blake, Cassels & Graydon LLP
Commerce Court West
P.O. Box 25, 28th Floor
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2266
FAX: (416) 863-2653
Email: neil.finkelstein@blakes.com
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: ICG Propane Inc.

Counsel
Names
Neil Finkelstein
Jeff Galway
Melanie Aitken
Martha Cook
Contact information
Blake, Cassels & Graydon LLP
Commerce Court West
P.O. Box 25, 28th Floor
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2266
FAX: (416) 863-2653
Email: neil.finkelstein@blakes.com
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: The Commissioner of Competition

Counsel
Names
John F. Rook, Q.C.
William J. Miller
Jo'Anne Strekaf
Christopher Naudie
Donna Blois
Contact information
Osler, Hoskin & Harcourt
1 First Canadian Place
PO Box 50
Toronto, Ontario
M5X 1B8
Telephone: (416) 862-4280
FAX: (416) 862-6666

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

September 19, 2000
Federal Court of Appeal

A-533-00, A-539-00

see file

April 4, 2001
Federal Court of Appeal

A-533-00

Appeal allowed

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

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Date modified: 2025-02-27