Case information
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30743
Greater Toronto Airports Authority v. Renaissance Leasing Corporation, et al.
(Quebec) (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) |
|---|---|---|
| 2006-08-24 | Appeal closed | |
| 2006-08-24 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2006-08-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-08-16 |
Order by, the Court (joint with 30214, 30729, 30730, 30731, 30732, 30738, 30740, 30742, 30745, 30749, 30750, 30751) - (see also revised formal judgment), The Court — UPON APPLICATION by counsel for the respondents Ansett Worldwide Aviation, U.S.A. and MSA V, for an order varying the award of costs in the judgments herein dated June 9, 2006, and upon inviting representations from the appellants and all other interested parties, and upon reviewing and considering the material filed: IT IS HEREBY ORDERED THAT paragraph 98 of the reasons for the judgment of June 9, 2006 be amended to read as follows: For these reasons, I would allow the appeals and cross-appeals in part, as follows: 1. I would dismiss the appeals of NAV Canada seeking to hold the respondents liable in their personal/corporate capacity; 2. I would allow the appeals of NAV Canada and the airport authorities of the dismissal of their seizure and detention applications and remit those applications to the respective motions judges to be dealt with in accordance with these reasons; 3. I would set aside the orders requiring NAV Canada and the airport authorities to reimburse the respondents for the aircraft detention costs; 4. I would allow the appeals of NAV Canada and the GTAA of the ruling that the engine lessors are entitled to repossess the leased engines; 5. Interest on overdue charges continues to run to the first of the date of payment, the posting of security or bankruptcy. In other respects, the appeals and cross-appeals will be dismissed. Aéroports de Montréal, St. John's International Airport Authority Inc. and Charlottetown Airport Authority Inc. are entitled to their costs in the Quebec appeals. All other parties shall bear their own costs. Allowed in part |
|
| 2006-06-28 |
Correspondence (sent by the Court) to, the parties from the Registrar re: deadline to respond to the motion for rehearing on issue of costs in file 30214 is July 7/06 (joint with 30729-30-31-32-38-40-42-45-49-50-51) |
|
| 2006-06-16 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2006-06-16 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-06-09 |
Judgment on the appeal rendered, Joint with 30214, 30729, 30730, 30731, 30732, 30738, 30740, 30742, 30745, 30749, 30750, 30751 (REVISED ON AUGUST 16, 2006 - SEE ALSO ORDER DATED AUGUST 16, 2006) , CJ Ba Bi LeB De F Cha, JUDGMENT The appeals and cross-appeals from the judgment of the Court of Appeal for Ontario, Numbers C37425, C37426, C37427, C37429, C37444, C38228, C38229, C38241, dated January 20, 2004, and the appeals from the judgments of the Court of Appeal of Quebec, Numbers 500-09-010326-007, 500-09-010334-001, 500-09-010343-002, 500-09-010344-000, 500-09-010336-006, 500-09-010335-008, 500-09-010328-003, 500-09-010337-004, 500-09-010338-002, 500-09-010333-003, 500-09-010341-006 and 500-09-010339-000, dated November 15, 2004, heard on January 16 and 17, 2006, are allowed in part, as follows: 1. The appeals of NAV Canada seeking to hold the respondents liable in their personal/corporate capacity are dismissed; 2. The appeals of NAV Canada and the airport authorities of the dismissal of their seizure and detention applications are allowed and those applications remitted to the respective motions judges to be dealt with in accordance with the reasons of this Court; 3. The orders requiring NAV Canada and the airport authorities to reimburse the respondents for the aircraft detention costs are set aside; 4. The appeals of NAV Canada and the Greater Toronto Airports Authority of the ruling that the engine lessors are entitled to repossess the leased engines are allowed; 5. Interest on overdue charges continues to run to the first of the date of payment, the posting of security or bankruptcy. In other respects, the appeals and cross-appeals are dismissed. Aéroports de Montréal, St. John's International Airport Authority Inc. and Charlottetown Airport Authority Inc. are entitled to their costs in the Quebec appeals. All other parties shall bear their own costs. Allowed in part, with costs |
|
| 2006-02-08 | Transcript received, (210 pages) | |
| 2006-01-17 | Judgment reserved OR rendered with reasons to follow | |
| 2006-01-16 | Appellant's condensed book, 14 copies - distributed in Court. Filed in 30731 | Greater Toronto Airports Authority |
| 2006-01-16 | Acknowledgement and consent for video taping of proceedings | |
| 2006-01-16 |
Hearing of the appeal, 2006-01-16, CJ Ba Bi LeB De F Cha Judgment reserved |
|
| 2006-01-09 | Notice of appearance, Sandra Abitan, David Tardif-Latourelle and Allon Pollak will be appearing. | Greater Toronto Airports Authority |
| 2006-01-06 | Appellant's record, (Supplemental Records joint with 30731, 30732, 30742 and 30745), Completed on: 2006-01-06 | Greater Toronto Airports Authority |
| 2005-12-23 | Notice of appearance, Bertrand Giroux, Markus Koehnen, Jeff Gollob, Jason Murphy and Jean-Yves Fortin will be appearing. | Renaissance Leasing Corporation |
| 2005-12-09 | Notice of hearing sent to parties | |
| 2005-12-08 |
Appeal hearing scheduled, 2006-01-16 Judgment reserved |
|
| 2005-11-09 | Appeal perfected for hearing | |
| 2005-11-07 | Respondent's book of authorities, (Vol. 1 and 2 - Joint with 30729, 30730, 30731, 30732, 30738, 30740, 30742, 30745, 30749, 30750), Completed on: 2005-11-07 | Renaissance Leasing Corporation |
| 2005-11-07 | Respondent's factum, (Joint avec 30729, 30730, 30731, 30732, 30738, 30740, 30742, 30745, 30749, 30750 - Revised CD rec'd Dec. 6/05), Completed on: 2005-11-07 | Renaissance Leasing Corporation |
| 2005-09-13 | Appellant's book of authorities, (Joint with 30731, 30732, 30742, 30745) service rec'd Sept. 20/05, Completed on: 2005-09-20 | Greater Toronto Airports Authority |
| 2005-09-13 | Appellant's factum, (Joint with 30731, 30732, 30742, 30745) service rec'd Sept. 20/05 - Pages 6 & 7 added on Sept. 29, 05., Completed on: 2005-09-20 | Greater Toronto Airports Authority |
| 2005-09-13 | Appellant's record, (Vol. 1 to 8 - Joint with 30731, 30732, 30738, 30740, 30742, 30745, 30749, 30750, 30751) service rec'd Sept. 20/05, Completed on: 2005-09-20 | Greater Toronto Airports Authority |
| 2005-08-19 | Order on motion to extend time | |
| 2005-08-19 |
Decision on motion to extend time, to serve and file the appellant, Greater Toronto Airports Authority, factum, record and book of authorities to Sept. 13/05 , DeRg Granted, without costs |
|
| 2005-08-18 | Submission of motion to extend time, DeRg | |
| 2005-08-09 | Response to motion to extend time, Consent by all other parties (joint with 30731-732-742-745), Completed on: 2005-08-09 | Renaissance Leasing Corporation |
| 2005-07-28 | Motion to extend time, to file the appellant's factum, record and authorities to Sept. 13/05, Completed on: 2005-07-28 | Greater Toronto Airports Authority |
| 2005-07-12 | Notice of change of counsel, from Borden Ladner Gervais LLP to Osler Hoskin & Harcourt LLP - Sandra Abitan | Greater Toronto Airports Authority |
| 2005-06-28 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2005-06-14 | Notice of appeal, Completed on: 2005-06-14 | Greater Toronto Airports Authority |
| 2005-05-20 | Judgment on leave sent to the parties | |
| 2005-05-19 |
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 of Quebec (Montréal), Number 500-09-010337-004, dated November 15, 2004, is granted with costs to the applicant in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2005-03-31 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2005-02-14 | Respondent's response on the application for leave to appeal, (Letter Form), Letter recvd advising that they do not intend to respond to the application for leave., Completed on: 2005-02-14 | Ernst & Young Inc., in its capacity as trustee for the bankruptcy of Inter-Canadian (1991) Inc. |
| 2005-02-11 | Respondent's response on the application for leave to appeal, (Joint avec 30729, 30730, 30731(1st, 2nd, 3rd & 4th app.), 30732 (1st, 2nd, 3rd & 4th app.), 30738, 30740, 30742 (1st, 2nd & 3rd app), 30745, 30749 & 30750), Completed on: 2005-02-11 | Renaissance Leasing Corporation |
| 2005-01-28 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-01-14 | Application for leave to appeal, Completed on: 2005-01-14 | Greater Toronto Airports Authority |
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 |
|---|---|---|
| Greater Toronto Airports Authority | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Renaissance Leasing Corporation | Respondent | Active |
| Inter-Canadian (1991) Inc., | Respondent | Active |
| Ernst & Young Inc., in its capacity as trustee for the bankruptcy of Inter-Canadian (1991) Inc. | Respondent | Active |
Counsel
Party: Greater Toronto Airports Authority
Counsel
David Tardif-Latourelle
Allon Pollack
1000 de la Gauchetière Street West
Suite 2100
Montreal, Quebec
H3B 4W5
Telephone: (514) 904-5648
FAX: (514) 904-8101
Email: sabitan@osler.com
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Renaissance Leasing Corporation
Counsel
Markus Koehnen
Jason Murphy
Jeff Gollob
Jean-Yves Fortin
Geneviève Bergeron
1100 René-Lévesque West
Suite 2500
Montreal, Quebec
H3B 5C9
Telephone: (514) 397-8500
FAX: (514) 397-8515
Agent
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com
Party: Inter-Canadian (1991) Inc.,
Counsel
1, Place Ville-Marie
Bureau 2101
Montréal, Quebec
H3B 2C6
Telephone: (514) 878-2861
FAX: (514) 875-8424
Party: Ernst & Young Inc., in its capacity as trustee for the bankruptcy of Inter-Canadian (1991) Inc.
Counsel
1, Place Ville-Marie
Bureau 2101
Montréal, Quebec
H3B 2C6
Telephone: (514) 878-2861
FAX: (514) 875-8424
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.
NAV Canada provides all aircraft operators in Canadian airspace with civil air navigation services. Seven “airport authorities” are private corporations that operate various airports throughout Canada.
NAV Canada has the right to impose service fees on aircraft operators pursuant to the Civil Air Navigation Services Commercialization Act, S.C. 1996, c. 20 (“CANSCA”). The airport authorities have the right to impose similar service fees on aircraft operators and pursuant to s. 9 of the ATA may similarly apply to superior courts and obtain an order “to seize and detain aircraft”. Inter-Canadian (1991) Inc. used NAV Canada’s services to carry business as an aircraft operator over a period of many years. It was the “registered owner” and operator of aircraft leased from the eleven “investors”.
In November 1999, Inter-Canadian suspended its operations. It owed NAV Canada and the other airport authorities a substantial amount in service charges. In December 1999, NAV Canada and the airport authorities obtained several orders from the Quebec Superior Court to seize certain aircraft operated by Inter-Canadian. These orders were contested by the investors, who own the seized aircraft. NAV Canada and the seven airport authorities also instituted proceedings against Inter-Canadian to recover the unpaid charges. NAV Canada, alleging joint and several liability (or solidarity), instituted proceedings against some of the investors to recover the unpaid charges.
Inter-Canadian became bankrupt on March 27, 2000, and Ernst & Young Inc. was appointed as trustee. The trustee denied all the claims and addressed the Superior Court for instructions. The investors filed a motion to appeal the trustee’s decision and the motion for directions. The airport authorities opposed the motion.
On July 7, 2000, the investors were authorized by the Superior Court to post security in exchange for the release of the aircraft. Shortly thereafter, the investors filed a motion for declaratory judgment asking the Superior Court to declare that the airport authorities were not the owners of the aircraft and that they had no right to detain or no lien, interest or priority on the aircraft.
All the outstanding motions were joined. On November 9, 2000, the Superior Court granted the actions instituted by NAV Canada and the seven airport authorities, declared that the seizures were valid, authorized the investors to take possession of their respective aircraft upon payment of the outstanding charges and fees, denied the trustee’s motion and the appeal of the trustee’s decision, and declared that NAV Canada and the airport authorities had a right of retention of the aircraft. On November 15, 2004, the majority of the Court of Appeal allowed the investors’ appeals, rejected NAV Canada’s and the airport authorities’ cross-appeals and denied NAV Canada’s and the airport authorities’ actions, Nuss J.A. dissenting.
Lower court rulings
Superior Court of Quebec
500-05-054680-994
Applicant's action granted
Court of Appeal of Quebec (Montréal)
500-09-010337-004
Respondent investor's appeal allowed; applicant's cross-appeal and action 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 613‑996‑7933 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
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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 613‑996‑7933 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
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 613‑996‑7933 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
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