Case information
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28727
3017970 Nova Scotia Company v. Pacifica Papers Inc., et al.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2001-09-21 | Close file on Leave | |
| 2001-09-21 | Discontinuance of the application for leave to appeal | 3017970 Nova Scotia Company |
| 2001-08-23 | Response to the motion for a stay of execution, (Letter Form), from G. R. M. Haynen dated Aug. 23/01 (by fax), Completed on: 2001-08-23 | Joyce Johnson-Miller |
| 2001-08-23 | Order issued on motion for a stay of execution, (by the Court) | |
| 2001-08-23 |
Decision on the motion for a stay of execution, Arb, The applicant, 3017970 Nova Scotia Company, applies under s. 65.1(1) of the Supreme Court Act, R.S.C. 1985, c. S-26 (as amended by S.C. 1994, c. 44, s. 101), for an order staying proceedings in respect of the Order of the Court of Appeal for British Columbia, dated August 10, 2001, and staying the issuance by the Respondent Director of a Certificate of Arrangement pursuant to section 192 of the Canada Business Corporations Act, R.S.C. 1985, c. C-44, pending the determination of its application for leave to this Court. In a similar motion in Imperial Oil Limited v. Eric S. Lloyd et al. (File no. 27744) (February 24, 2000), Major J. reiterated that "[t]he general rule is that the applicant must apply to the court appealed from. See Esmail v. Petro-Canada, [1997] 2 S.C.R. 3 and Richter & Partners Inc. v. Ernst & Young, [1997] 2 S.C.R. 5. ... The applicant has the onus of establishing a reason why the court appealed from cannot consider the application for a stay of proceedings. It has failed to establish this." The present applicant has also offered no explanation as to why the matter should not have proceeded according to the usual practice, before the British Columbia Court of Appeal. Accordingly, this application must be dismissed without prejudice to the applicant's right to bring the same application before the British Columbia Court of Appeal. Dismissed, no order as to costs |
|
| 2001-08-23 | Submission of motion for a stay of execution, Arb | |
| 2001-08-23 | Reply to motion for a stay of execution, (1 copy), Completed on: 2001-08-23 | 3017970 Nova Scotia Company |
| 2001-08-23 | Book of authorities, re: motion for stay (2 copies - book form), Completed on: 2001-08-23 | Pacifica Papers Inc. |
| 2001-08-23 | Response to the motion for a stay of execution, (3 copies - book form), Completed on: 2001-08-23 | Pacifica Papers Inc. |
| 2001-08-22 | Book of authorities, re: motion for stay (2 copies - book form), Completed on: 2001-08-23 | Norske Skog Canada Limited |
| 2001-08-22 | Response to the motion for a stay of execution, (2 copies - book form), Completed on: 2001-08-23 | Norske Skog Canada Limited |
| 2001-08-21 | Correspondence received from, J.A. Campion dated Aug. 21/01 re: urgency of motion for stay | 3017970 Nova Scotia Company |
| 2001-08-21 | Motion for a stay of execution, (book form), Completed on: 2001-08-21 | 3017970 Nova Scotia Company |
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
| Name | Role | Status |
|---|---|---|
| 3017970 Nova Scotia Company | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Pacifica Papers Inc. | Respondent | Active |
| Norske Skog Canada Limited | Respondent | Active |
| Nystrom, Wayne | Respondent | Active |
| Johnson-Miller, Joyce | Respondent | Active |
| Director - Canada Business Corporations Act | Respondent | Active |
Counsel
Party: 3017970 Nova Scotia Company
Counsel
Suite 4200, Toronto Dominion Bank Tower
P.O. Box 20, Toronto Dominion Centre
Toronto, Ontario
N5K 1N6
Telephone: (416) 366-8381
FAX: (415) 364-7813
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: Pacifica Papers Inc.
Counsel
K. Michael Stephens
2800 Park Place
666 Burrard St
Vancouver, British Columbia
V6C 2Z7
Telephone: (604) 687-9444
FAX: (604) 687-1612
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Norske Skog Canada Limited
Counsel
Craig A.B. Ferris
1600 - 925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 685-3456
FAX: (604) 669-1620
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Nystrom, Wayne
Counsel
Lawrence Thacker
2600 - 130 Adelaide St. W.
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-3090
FAX: (416) 865-9010
Email: alenczner@lsrsg.com
Party: Johnson-Miller, Joyce
Counsel
222 Bay Street, Suite 1800
P.O. Box 197, T.D. Centre
Toronto, Ontario
M5K 1H6
Telephone: (416) 943-3413
FAX: (416) 943-2735
Party: Director - Canada Business Corporations Act
Counsel
Jean Turner
Jean Edmonds Tower South
365 Laurier Avenue West
Ottawa, Ontario
K1A 0C8
Telephone: (613) 941-5726
FAX: (613) 941-5781
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
Supreme Court of British Columbia
L011069
Approved an arrangment between parties
Court of Appeal for British Columbia (Vancouver)
CA028775, CA028809, CA028818
Appeals dismissed.
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 613-996-8666 or at 1-844-365-9662.
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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Related links
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 613-996-8666 or at 1-844-365-9662.
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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Related links
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 613-996-8666 or at 1-844-365-9662.
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
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