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Case information

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29667

Superintendent of Financial Institutions, et al. v. The Bank of Nova Scotia, et al.

(British Columbia) (Civil) (By Leave)

(Sealing order)

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)
2003-11-25 Close file on Leave
2003-11-21 Judgment on leave sent to the parties
2003-11-20 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA029174, dated January 20, 2003, is dismissed with costs.
Dismissed, with costs
2003-10-08 Correspondence received from, E. Van Bemmel re: respondents do not object the recent decision from Alberta going to the judges (E-Mail) The Bank of Nova Scotia
2003-10-01 Correspondence received from, S. Macdonald dated Sept. 30/03 re: enclosing a recent decision of the Alberta Court of Queen's Bench (sent to the judges Oct. 8/03) Superintendent of Financial Institutions
2003-09-08 All materials on application for leave submitted to the Judges, CJ Ba De
2003-05-14 Order on miscellaneous motion, (BY MAJOR J.)
2003-05-14 Decision on the miscellaneous motion, Ma, 1) the exhibits "J", "L" and "N" to the affidavit of Janet Crawford and exhibit "1" in the proceedings before Pitfield, J. of the Supreme Court of British Columbia be filed in this Court under seal, subject to the Court rescinding this order if necessary.

2) the sealed exhibits will only be made available to counsel for the applicant, counsel for the respondents, members of this Court, Court staff and other persons as the parties may, in writing, agree or as this Court may further order.
Granted
2003-05-13 Submission of miscellaneous motion, Ma
2003-05-13 Order on motion to leave to intervene, (BY MAJOR J.)
2003-05-13 Decision on motion for leave to intervene, Ma, The application for leave to intervene by the Attorney General of Quebec on the application for leave to appeal is dismissed, without prejudice to any application the applicant may see fit to bring for intervener status on the appeal itself in the event leave is granted.
Dismissed
2003-05-12 Submission of motion for leave to intervene, Ma
2003-05-07 Response to the motion for leave to intervene, (Letter Form), from Burke-Robertson dated May 7, 2003 (via e-mail), Completed on: 2003-05-07 Financial Institutions Commission and Attorney General of British Columbia
2003-05-01 Response to miscellaneous motion, Completed on: 2003-05-01 The Bank of Nova Scotia
2003-04-30 Reply to the motion for leave to intervene., Completed on: 2003-04-30 Attorney General of Québec
2003-04-28 Applicant's reply to respondent's argument, Completed on: 2003-04-28 Superintendent of Financial Institutions
2003-04-28 Letter acknowledging receipt of an incomplete application for leave to appeal
2003-04-25 Response to the motion for leave to intervene, 5 copies - book form, Completed on: 2003-04-25 The Bank of Nova Scotia
2003-04-24 Notice of miscellaneous motion, (that exhibits "J", "L" and "N" to the affidavit of J. Crawford and exhibit "1" be sealed), Completed on: 2003-04-24 Superintendent of Financial Institutions
2003-04-17 Respondent's response on the application for leave to appeal, Completed on: 2003-04-28 The Bank of Nova Scotia
2003-04-15 Motion for leave to intervene, 6 copies, Completed on: 2003-04-15 Attorney General of Québec
2003-03-19 Application for leave to appeal, (formal order of C.A. not yet entered - filed June 11/03), Completed on: 2003-06-11 Superintendent of Financial Institutions

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
Superintendent of Financial Institutions Applicant Active
Financial Institutions Commission and Attorney General of British Columbia Applicant Active

v.

Main parties - Respondents
Name Role Status
The Bank of Nova Scotia Respondent Active
Optima Communications Canada Inc. Respondent Active

Counsel

Party: Superintendent of Financial Institutions

Counsel
Name
Sarah MacDonald
Contact information
Attorney General of British Columbia
6th Floor - 1001 Douglas Street
P.O. Box 9280, Stn. Prov. Govt.
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8499
FAX: (250) 356-9154
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Financial Institutions Commission and Attorney General of British Columbia

Counsel
Name
Sarah MacDonald
Contact information
Attorney General of British Columbia
6th Floor - 1001 Douglas Street
P.O. Box 9280, Stn. Prov. Govt.
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8499
FAX: (250) 356-9154
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: The Bank of Nova Scotia

Counsel
Name
D. Geoffrey G. Cowper, Q.C.
Contact information
Fasken Martineau DuMoulin LLP
2900 - 550 Burrard Street
Vancouver, British Columbia
V6C 0A3
Telephone: (604) 631-3131
FAX: (604) 632-3232
Email: gcowper@fasken.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Optima Communications Canada Inc.

Counsel
Name
D. Geoffrey G. Cowper, Q.C.
Contact information
Fasken Martineau DuMoulin LLP
2900 - 550 Burrard Street
Vancouver, British Columbia
V6C 0A3
Telephone: (604) 631-3131
FAX: (604) 632-3232
Email: gcowper@fasken.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

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

November 2, 2001
Supreme Court of British Columbia

L002546

Respondents' application for judicial review dismissed

January 20, 2003
Court of Appeal for British Columbia (Vancouver)

CA029174

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

Not available.

Date modified: 2025-02-27