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)
2003-07-25	Close file on Leave
2003-07-25	Discontinuance of the application for leave to appeal	Canadian Pacific Limited
2003-07-11	Book of authorities	Attorney General of Canada, on behalf of Her Majesty the Queen in Right of Canada
2003-07-11	Respondent's response on the application for leave to appeal, Completed on: 2003-07-11	Attorney General of Canada, on behalf of Her Majesty the Queen in Right of Canada
2003-06-24	Order on motion to extend the time to file and/or serve the leave application, (BY ARBOUR J.)
2003-06-24	Decision on motion to extend time to file and /or serve the leave application, Arb, UPON APPLICATION by the applicant, Canadian Pacific Ltd.: (a) for an order extending the time to file the documents required to complete their application for leave to appeal to 10 days after the date on which the last of the British Columbia Court of Appeal's Orders are entered with the British Columbia Court of Appeal; or (b) in the alternative, for an order extending the time to file the Court of Appeal Orders 60 days after this Court's order with respect to paragraph (a). AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The extension of time is granted. The applicant must serve and file the required Court of Appeal Orders within 60 days of the date of this Order, failing which the applicant may seek a further extension. Allowed in part
2003-06-19	Submission of motion to extend time to file and/ or serve the leave application, Arb
2003-06-18	Correspondence (sent by the Court) to, (by fax) all parties re: July is included in the computation of a time period specified in an order of this Court
2003-05-30	Correspondence received from, H. Frankson dated May 29/03 (by fax) re: further letter on computation of time and interpretation of Rule 5	Attorney General of Canada, on behalf of Her Majesty the Queen in Right of Canada
2003-05-29	Motion to extend the time to file and or serve the application for leave to appeal, to 10 days after the date on which the last orders of B.C. is entered or alternatively, 60 days after this Court's order - 3 copies - (affidavit and argument filed separately), Completed on: 2003-05-29	Canadian Pacific Limited
2003-05-28	Correspondence received from, H. Frankson (by fax) re: in response to Mr. Bourchier's letter of May 20/03 and time limitations for Canada and Squamish Band to file documents	Attorney General of Canada, on behalf of Her Majesty the Queen in Right of Canada
2003-05-20	Correspondence received from, K. Bourchier of Lawson, Lundell dated May 20, 2003 (fax copy) re: acknowledge receipt of the letter dated May 8, 2003	Canadian Pacific Limited
2003-05-08	Correspondence (sent by the Court) to, Applicant by Registered Mail enclosing Rule 64 Notice.
2003-01-22	Correspondence received from, Mrs. H. Frankson, by fax, dated Jan. 22/03 RE: Order for extension of time of Deputy Registrar and of Ryan B.C.C.A.JA.	Attorney General of Canada, on behalf of Her Majesty the Queen in Right of Canada
2003-01-17	Correspondence received from, K. Bourchier dated Jan. 17, 2003 (fax copy) re: formal order of C.A. cannot be settled yet	Canadian Pacific Limited
2003-01-16	Correspondence received from, J. Rich dated Jan. 15, 2003 (fax copy) re: A. Roland's order dated Nov. 8, 2002	Squamish Indian Band
2003-01-13	Respondent's response on the application for leave to appeal, (Letter Form), from/de S. Ascroft dated/datée 13-01-03 (fax copy/télécopieur) re: will not be participating in this matter/ne participera pas dans cette affaire, Completed on: 2003-01-13	Leonard George as Chief, Matthew Thomas, Joe Thomas and Carleen Thomas, as Councillors on their own behalf and on behalf of the members of the Burrard Indian Band and the said Burrard Indian Band
2003-01-07	Letter acknowledging receipt of an incomplete application for leave to appeal
2002-11-22	Respondent's response on the application for leave to appeal, (Letter Form), from S. Ashcroft dated Nov. 21, 2002 (fax copy) re: takes no position with respect to the application for leave to appeal, Completed on: 2002-11-22	Leonard George as Chief, Matthew Thomas, Joe Thomas and Carleen Thomas, as Councillors on their own behalf and on behalf of the members of the Burrard Indian Band and the said Burrard Indian Band
2002-11-20	Order on motion to extend time
2002-11-20	Decision on motion to extend time, DeRg, to serve and file the response of the respondent Attorney General of Canada to a date 60 days after the British Columbia Court of Appeal rules on Canada's application for additional reasons for judgment and for a determination of the form of judgment that is sought to be appealed therein. Granted
2002-11-20	Submission of motion to extend time, DeRg
2002-11-15	Response to motion to extend time, (Letter Form), fromDavis & Co. dated Nov. 6, 2002 (fax copy)(included in motion book), Completed on: 2002-11-15	the elected councillors of the Musqueam Indian Band, suing on their own behalf and on behalf of all other Members of the Musqueam Indian Band
2002-11-15	Response to motion to extend time, (Letter Form), from Lawson, Lundell dated Nov. 6, 2002 (fax copy)(included in motion book), Completed on: 2002-11-15	Canadian Pacific Limited
2002-11-15	Response to motion to extend time, (Letter Form), Ratcliff & Co. dated Nov. 5, 2002 (fax copy)(included in motion book), Completed on: 2002-11-15	Joe Mathias, on his own behalf and on behalf of the members of the Squamish Indian Band
2002-11-15	Response to motion to extend time, (Letter Form), from S. Ashcroft dated Nov. 5, 2002 (fax copy)(included in motion book), Completed on: 2002-11-15	Leonard George as Chief, Matthew Thomas, Joe Thomas and Carleen Thomas, as Councillors on their own behalf and on behalf of the members of the Burrard Indian Band and the said Burrard Indian Band
2002-11-15	Correspondence received from, H. Frankson dated Nov. 12, 2002 re: requesting that motion filed on Nov. 15, 2002 be brought to a judge prior to Nov. 22, 2002	Attorney General of Canada, on behalf of Her Majesty the Queen in Right of Canada
2002-11-15	Motion to extend time, (to 60 days after the date on which the B.C.C.A. rules on Canada'a application for additional reasons OR if refused, 30 days after the date of this Court's order) - book form, Completed on: 2002-11-15	Attorney General of Canada, on behalf of Her Majesty the Queen in Right of Canada
2002-11-12	Order on motion to extend time
2002-11-08	Decision on motion to extend time, Reg, to serve and file the response of the respondent Squamish Indian Band to 30 days after the date on which the Attorney General of Canada serves the Squamish with an application for leave to appeal or when the Attorney General of Canada's time for filing an application for leave to appeal has expired. Granted
2002-11-08	Submission of motion to extend time, Reg
2002-11-08	Motion to extend time, to serve and file the response to 30 days after the date the A.G. of Canada serves the Squamish with an application of time (consent of parties included with affidavit), Completed on: 2002-11-08	Joe Mathias, on his own behalf and on behalf of the members of the Squamish Indian Band
2002-10-23	Book of authorities, (VOL. 2)	Canadian Pacific Limited
2002-10-23	Application for leave to appeal, Vol. I & 2 (New covers requested, filing fee, C/A Order missing) ($50.00 rec'd Jan. 15/03 / covers replaced March 14/03), Incomplete	Canadian Pacific Limited

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Canadian Pacific Limited	Applicant	Active

v.

Main parties - Respondents

Name	Role	Status
Attorney General of Canada, on behalf of Her Majesty the Queen in Right of Canada	Respondent	Active

And Between

Sub parties (1) - Appellants

Name	Role	Status
Canadian Pacific Limited	Applicant	Active

v.

Sub parties (1) - Respondents

Name	Role	Status
Joe Mathias, on his own behalf and on behalf of the members of the Squamish Indian Band	Respondent	Active
Squamish Indian Band	Respondent	Active
Attorney General of Canada, on behalf of Her Majesty the Queen in Right of Canada	Respondent	Active
Her Majesty the Queen in Right of Canada	Respondent	Active

And Between

Sub parties (2) - Appellants

Name	Role	Status
Canadian Pacific Limited	Applicant	Active

v.

Sub parties (2) - Respondents

Name	Role	Status
Leonard George as Chief, Matthew Thomas, Joe Thomas and Carleen Thomas, as Councillors on their own behalf and on behalf of the members of the Burrard Indian Band and the said Burrard Indian Band	Respondent	Active
Attorney General of Canada, on behalf of Her Majesty the Queen in Right of Canada	Respondent	Active
Her Majesty the Queen in Right of Canada	Respondent	Active

And Between

Sub parties (3) - Appellants

Name	Role	Status
Canadian Pacific Limited	Applicant	Active

v.

Sub parties (3) - Respondents

Name	Role	Status
Chief Wendy A. Grant, Joseph R. Becker, Ernest Campbell, Mary Charles, Joanna Crawford, A. George Guerin, Marilyn Point, N. Rose Point, Susan Point, Leona M. Sparrow	Respondent	Active
the elected councillors of the Musqueam Indian Band, suing on their own behalf and on behalf of all other Members of the Musqueam Indian Band	Respondent	Active
Attorney General of Canada, on behalf of Her Majesty the Queen in Right of Canada	Respondent	Active
Her Majesty the Queen in Right of Canada	Respondent	Active

And Between

Sub parties (4) - Appellants

Name	Role	Status
Canadian Pacific Limited	Applicant	Active

v.

Sub parties (4) - Respondents

Name	Role	Status
Joe Mathias, on his own behalf and on behalf of the members of the Squamish Indian Band	Respondent	Active
Squamish Indian Band	Respondent	Active
Attorney General of Canada, on behalf of Her Majesty the Queen in Right of Canada	Respondent	Active
Her Majesty the Queen in Right of Canada	Respondent	Active

And Between

Sub parties (5) - Appellants

Name	Role	Status
Canadian Pacific Limited	Applicant	Active

v.

Sub parties (5) - Respondents

Name	Role	Status
Chief Wendy A. Grant, Joseph R. Becker, Ernest Campbell, Mary Charles, Joanna Crawford, A. George Guerin, Marilyn Point, N. Rose Point, Susan Point, Leona M. Sparrow	Respondent	Active
the elected councillors of the Musqueam Indian Band, suing on their own behalf and on behalf of all other Members of the Musqueam Indian Band	Respondent	Active
Attorney General of Canada, on behalf of Her Majesty the Queen in Right of Canada	Respondent	Active
Her Majesty the Queen in Right of Canada	Respondent	Active

And Between

Sub parties (6) - Appellants

Name	Role	Status
Canadian Pacific Limited	Applicant	Active

v.

Sub parties (6) - Respondents

Name	Role	Status
Attorney General of Canada, on behalf of Her Majesty the Queen in Right of Canada	Respondent	Active

And Between

Sub parties (7) - Appellants

Name	Role	Status
Canadian Pacific Limited	Applicant	Active

v.

Sub parties (7) - Respondents

Name	Role	Status
Leonard George as Chief, Matthew Thomas, Joe Thomas and Carleen Thomas, as Councillors on their own behalf and on behalf of the members of the Burrard Indian Band and the said Burrard Indian Band	Respondent	Active
Attorney General of Canada, on behalf of Her Majesty the Queen in Right of Canada	Respondent	Active
Her Majesty the Queen in Right of Canada	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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