Case information
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30845
TMR Energy Limited, a duly constituted legal person incorporated under the laws of Cyprus v. State Property Fund of Ukraine, an organ of the State of Ukraine, et al.
(Federal) (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) |
|---|---|---|
| 2006-01-04 | Appeal closed | |
| 2006-01-04 | Discontinuance of the appeal | TMR Energy Limited, a duly constituted legal person incorporated under the laws of Cyprus |
| 2005-11-29 | Order on motion to extend time | |
| 2005-11-29 |
Decision on motion to extend time, to serve and file the appellant's record, factum and book of authorities to Feb. 13/06 and to extend the time to serve and file the respondent's respective record, factum and books of authorities to April 10, 2006, DeRg Granted |
|
| 2005-11-29 | Submission of motion to extend time, DeRg | |
| 2005-11-14 | Response to motion to extend time, (included in the motion), Completed on: 2005-11-14 | State Property Fund of Ukraine, an organ of the State of Ukraine |
| 2005-11-14 | Motion to extend time, (with consent of parties), Completed on: 2005-11-14 | TMR Energy Limited, a duly constituted legal person incorporated under the laws of Cyprus |
| 2005-09-19 | Notice of appeal, Completed on: 2005-09-19 | TMR Energy Limited, a duly constituted legal person incorporated under the laws of Cyprus |
| 2005-09-16 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2005-09-16 | Appeal hearing tentative date, 2006-05-12, (previously Mar. 14/06) | |
| 2005-08-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-08-19 | Judgment on leave sent to the parties | |
| 2005-08-18 |
Judgment of the Court on the application for leave to appeal, Ma F Abe, The application for leave to appeal from the judgment of the Federal Court of Appeal, Numbers A-496-04 and A-497-04, 2005 FCA 28, dated January 24, 2005, 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 |
|
| 2005-07-13 | Order on miscellaneous motion, (included in motion book) | |
| 2005-07-13 |
Decision on the miscellaneous motion, DeRg, that the aplicant is authorized to file supplemental materials pursuant to subrule 32(2): a) TMR's letter of June 21, 2005 to the Registrar together with a copy of the decision TMR Energy Limited v. State Property Fund of Ukraine, Docket No. 03-7191 (No. 03cv00034, June 17, 2005) (D.C. Cir. 2005); b) A letter from the Federal Court of Appeal dated June 24, 2005 together with a copy of an order and reasons for order dated June 17, 2005. Granted, no order as to costs |
|
| 2005-07-12 | Correspondence received from, Azim Hussain dated July 12/05 in response to Mr. Heintzman and Mr. Kozak's letters | TMR Energy Limited, a duly constituted legal person incorporated under the laws of Cyprus |
| 2005-07-11 | Submission of miscellaneous motion, DeRg | |
| 2005-07-11 | Response to miscellaneous motion, (bookform), Completed on: 2005-07-08 | State Property Fund of Ukraine, an organ of the State of Ukraine |
| 2005-07-07 | Correspondence received from, L. Kozak, Q.C. dated July 7/05 in response to Ogilvy Renault's(Azim Hussain's) letter of July 4/05 | State of Ukraine |
| 2005-07-06 | Correspondence received from, T. Heintzman dated July 6, 2005 (fax copy) re: acknowledge receipt of Ogilvy, Renault's letter dated July 4, 2005 | ANTK Antonov |
| 2005-07-06 | Response to miscellaneous motion, (Letter Form), from L. Kozak dated July 6, 2005 (fax copy), Completed on: 2005-07-07 | State of Ukraine |
| 2005-07-04 | Correspondence received from, Azim Hussain dated July 4/05 re: leave application be held in abeyance until disposition of the motion | TMR Energy Limited, a duly constituted legal person incorporated under the laws of Cyprus |
| 2005-06-30 | Correspondence received from, Azim Hussain dated June 30/05 to Mr. Kozak, counsel for State of Ukraine | TMR Energy Limited, a duly constituted legal person incorporated under the laws of Cyprus |
| 2005-06-28 | Notice of miscellaneous motion, (to file additional documents: US Court of Appeal judgment) - book form - 3 copies, Completed on: 2005-06-29 | TMR Energy Limited, a duly constituted legal person incorporated under the laws of Cyprus |
| 2005-06-23 | Correspondence received from, B. Kujavsky dated June 22/05 (by fax) re: in response to R. L. Desgagnés's letter of June 21/05 | State Property Fund of Ukraine, an organ of the State of Ukraine |
| 2005-06-23 | Correspondence received from, L. Kozak, Q.C. (by fax) re: in response to R. L. Desgagnés's letter of June 21/05 | State of Ukraine |
| 2005-06-23 | Correspondence received from, T. G. Heintzman (by fax) re: in response to R. L. Desgagnés's letter of June 21/05 | ANTK Antonov |
| 2005-06-22 | Correspondence received from, R. L. Desgagnés dated June 21/05 re: enclosing a recent United States Appeal decision (motion requested - received on June 28, 2005)(sent to the Court on July 14/05) | TMR Energy Limited, a duly constituted legal person incorporated under the laws of Cyprus |
| 2005-06-13 | All materials on application for leave submitted to the Judges, Ma F Abe | |
| 2005-05-17 | Order on motion to extend time | |
| 2005-05-17 |
Decision on motion to extend time, to serve and file the applicant's reply to the response of the State Property Fund of Ukraine to May 5/05, Reg Granted |
|
| 2005-05-16 | Submission of motion to extend time, Reg | |
| 2005-05-05 | Applicant's reply to respondent's argument, Reply to ANTK Antonov. Service missing - Rec'd May 6, 2005, Completed on: 2005-05-09 | TMR Energy Limited, a duly constituted legal person incorporated under the laws of Cyprus |
| 2005-05-05 | Applicant's reply to respondent's argument, Reply to State Property Fund of Ukraine. Service missing - Rec'd May 6, 2005, Completed on: 2005-05-09 | TMR Energy Limited, a duly constituted legal person incorporated under the laws of Cyprus |
| 2005-05-05 | Applicant's reply to respondent's argument, Reply to State of Ukraine. Service missing - Rec'd May 6, 2005, Completed on: 2005-05-09 | TMR Energy Limited, a duly constituted legal person incorporated under the laws of Cyprus |
| 2005-05-02 | Motion to extend time, to file the applicant's reply to the response of the State Property Fund of Ukraine to May 5/05, Completed on: 2005-05-02 | TMR Energy Limited, a duly constituted legal person incorporated under the laws of Cyprus |
| 2005-04-25 | Respondent's response on the application for leave to appeal, Completed on: 2005-04-25 | ANTK Antonov |
| 2005-04-25 | Respondent's response on the application for leave to appeal, Service missing - Rec'd April 26, 2005, Completed on: 2005-04-26 | State of Ukraine |
| 2005-04-25 | Respondent's response on the application for leave to appeal, Service missing - Rec'd April 27, 2005, Completed on: 2005-04-27 | State Property Fund of Ukraine, an organ of the State of Ukraine |
| 2005-03-30 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-03-29 | Correspondence received from, Richard L. Desgagnés dated March 29/05 re: David Platts and Tom Heintzman, Q.C. of McCarthy Tétrault counsel of records | TMR Energy Limited, a duly constituted legal person incorporated under the laws of Cyprus |
| 2005-03-24 | Book of authorities, Service missing - Received March 30, 2005 | TMR Energy Limited, a duly constituted legal person incorporated under the laws of Cyprus |
| 2005-03-24 | Application for leave to appeal, Service missing - Received March 30, 2005 (2 volumes), Completed on: 2005-03-30 | TMR Energy Limited, a duly constituted legal person incorporated under the laws of Cyprus |
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 |
|---|---|---|
| TMR Energy Limited, a duly constituted legal person incorporated under the laws of Cyprus | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| State Property Fund of Ukraine, an organ of the State of Ukraine | Respondent | Active |
| ANTK Antonov | Respondent | Active |
| State of Ukraine | Respondent | Active |
Counsel
Party: TMR Energy Limited, a duly constituted legal person incorporated under the laws of Cyprus
Counsel
Louis-Paul Cullen
Azim Hussain
Yves Fortier
1981, avenue McGill College
Bureau 1100
Montréal, Quebec
H3A 3C1
Telephone: (514) 847-4747
FAX: (514) 286-5474
Agent
1600 - 45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8638
FAX: (613) 230-5459
Party: State Property Fund of Ukraine, an organ of the State of Ukraine
Counsel
Louis-Martin O'Neill
Brian Kujavsky
1501 McGill College Avenue, 26th Floor
Montreal, Quebec
H3A 3N9
Telephone: (514) 841-6400
FAX: (514) 841-6499
Email: gpollack@dwpv.com
Agent
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: ANTK Antonov
Counsel
Thomas G. Heintzman, Q.C.
Le Winsor
1170, rue Peel
Montréal, Quebec
H3B 4S8
Telephone: (514) 397-4245
FAX: (514) 875-6246
Agent
1400 - 40 Elgin Street
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca
Party: State of Ukraine
Counsel
Lou Kozak, QC
Scotia Plaza, 40 King Street West
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6026
FAX: (416) 361-2729
Email: fnewboul@borden.com
Agent
World Exchange Plaza
1100 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: cbrown@blgcanada.com
Summary
Keywords
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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.
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Lower court rulings
Federal Court of Canada, Trial Division
T-60-03
Jurisdictional issue allowed to set aside the order of Morneau P.
Federal Court of Canada, Trial Division
T-60-03
see file
Federal Court of Canada, Trial Division
T-60-03
Respondents' motion to set aside Order of Morneau P. granted, and applicant's motion for a nunc pro tunc order dismissed
Federal Court of Appeal
A-496-04, A-497-04, 2005 FCA 28
Appeal dismissed
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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Related links
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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