Case information
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30894
Little Sisters Book and Art Emporium v. Commissioner of Customs and Revenue, 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) |
|---|---|---|
| 2007-03-08 | Appeal closed | |
| 2007-03-08 | Correspondence (sent by the Court) to, Joseph Arvay, Re: returning exhibit books | |
| 2007-01-22 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-01-22 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2007-01-19 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA32104, 2005 BCCA 94, dated February 18, 2005, heard on April 19, 2006, is dismissed, with the parties to bear their own costs. Binnie and Fish JJ. are dissenting. Dismissed |
|
| 2006-09-12 | Correspondence received from, Cheryl J. Tobias dated Sept. 8/06 re: has no objection to submit the judgments of the Superior Court of Ontario | Commissioner of Customs and Revenue |
| 2006-09-07 | Correspondence received from, Burke-Robertson by e-mail dated Sept. 7/06 re: has no objection to decisions being put before the Court | Little Sisters Book and Art Emporium |
| 2006-07-13 | Correspondence received from, Robert V. Wright dated July 13/06 with 2 decisions in Ont. Superior Court of Justice in Incredible Electronics Inc. v. Canada and St. James Preservation Society v. City of Toronto(sent to the Court Sept. 14/06) | Sierra Legal Defence Fund and Environmental Law Centre |
| 2006-05-04 | Transcript received, (116 pages) | |
| 2006-04-19 | Supplemental document, 2 books submitted at the hearing: 1 - "What's wrong" and 2- "What's right" (9 copies of each) | Little Sisters Book and Art Emporium |
| 2006-04-19 | Judgment reserved OR rendered with reasons to follow | |
| 2006-04-19 | Acknowledgement and consent for video taping of proceedings | |
| 2006-04-19 |
Hearing of the appeal, 2006-04-19, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2006-04-19 | Respondent's condensed book, 14 copies - distributed in Court | Commissioner of Customs and Revenue |
| 2006-04-19 | Appellant's condensed book, 14 copies - distributed in Court. | Little Sisters Book and Art Emporium |
| 2006-04-18 | Supplemental document, Supplemental Record - 12 copies - distributed in Court - addition to record filed on March 24th | Commissioner of Customs and Revenue |
| 2006-04-18 | Notice of appearance, Joseph J. Arvay, Q.C. and Irene Faulkner will be appearing (confirmed verbally) | Little Sisters Book and Art Emporium |
| 2006-04-13 | Notice of appearance, Janet E. Minor and Mark Crow will be present at the hearing. | Attorney General of Ontario |
| 2006-04-07 | Notice of appearance, George Copley will be present at the hearing. | Attorney General of British Columbia |
| 2006-04-06 | Notice of appearance, Chris Tollefson and Robert Wright will be appearing. | Sierra Legal Defence Fund and Environmental Law Centre |
| 2006-04-06 | Notice of appearance, J.J. Camp, Q.C. and Melina Buckley will be apprearing. | Canadian Bar Association ("CBA") |
| 2006-04-03 | Notice of appearance, Brian McLaughlin and Cheryl Tobias will be present at the hearing. | Commissioner of Customs and Revenue |
| 2006-04-03 |
Order by, F, FURTHER TO THE ORDER of Fish J. dated March 15, 2006, granting leave to intervene to the Canadian Bar Association, the Egale Canada Inc., the Attorney General of British Columbia, the Attorney General of Ontario, and the Sierra Legal Defence Fund and the Environmental Law Centre; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2006-03-31 | Book of authorities, Completed on: 2006-04-05 | Attorney General of British Columbia |
| 2006-03-31 | Intervener's factum, Completed on: 2006-04-05 | Attorney General of British Columbia |
| 2006-03-31 | Book of authorities, Completed on: 2006-04-06 | Attorney General of Ontario |
| 2006-03-31 | Intervener's factum, Completed on: 2006-04-06 | Attorney General of Ontario |
| 2006-03-31 | Book of authorities, Completed on: 2006-04-05 | Canadian Bar Association ("CBA") |
| 2006-03-31 | Intervener's factum, Completed on: 2006-04-05 | Canadian Bar Association ("CBA") |
| 2006-03-31 | Book of authorities, Completed on: 2006-04-04 | Sierra Legal Defence Fund and Environmental Law Centre |
| 2006-03-31 | Intervener's factum, (CD rec'd Apr. 5/06), Completed on: 2006-04-05 | Sierra Legal Defence Fund and Environmental Law Centre |
| 2006-03-30 | Book of authorities, Completed on: 2006-03-30 | Egale Canada Inc. |
| 2006-03-30 | Intervener's factum, Completed on: 2006-03-30 | Egale Canada Inc. |
| 2006-03-27 | Appeal perfected for hearing | |
| 2006-03-24 | Respondent's book of authorities, Completed on: 2006-03-24 | Commissioner of Customs and Revenue |
| 2006-03-24 | Respondent's record, Completed on: 2006-03-24 | Commissioner of Customs and Revenue |
| 2006-03-24 | Respondent's factum, Completed on: 2006-03-28 | Commissioner of Customs and Revenue |
| 2006-03-16 | Letter sent to Intervener(s) | |
| 2006-03-16 | Order on motion for leave to intervene, (BY FISH J.) | |
| 2006-03-15 |
Decision on the motion for leave to intervene, F, The motion for leave to intervene of the applicant, Canadian Bar Association, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before March 31, 2006. The motion for leave to intervene of the applicant, Egale Canada Inc., is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before March 31, 2006. The motion for leave to intervene of the applicant, Attorney General of British Columbia, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before March 31, 2006. The motion for leave to intervene of the applicant, Attorney General of Ontario, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before March 31, 2006. The motion for leave to intervene of the applicant, Sierra Legal Defence Fund and the Environmental Law Centre, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before March 31, 2006. The motion for leave to intervene of the applicant, Council of Canadians with Disabilities and ARCH Disability Law Centre, is dismissed. The motion for leave to intervene of the applicant, Canadian Aids Society, is dismissed. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their interventions. Allowed in part |
|
| 2006-03-14 | Submission of motion for leave to intervene, F | |
| 2006-03-13 | Reply to the motion for leave to intervene, (bookform), Completed on: 2006-03-14 | Council of Canadians with Disabilities and ARCH Disability Law Centre |
| 2006-03-13 | Response to the motion for leave to intervene, (Letter Form), from R. V. Wright & C. Tollefson dated March 10/06, Completed on: 2006-03-13 | Sierra Legal Defence Fund and Environmental Law Centre |
| 2006-03-10 | Notice of hearing sent to parties | |
| 2006-03-10 |
Appeal hearing scheduled, 2006-04-19, Previously Apr. 19 and 21/06 Judgment reserved |
|
| 2006-03-09 | Reply to the motion for leave to intervene, (Letter Form), from P. A. LeFebour (by fax) re: to B. McLaughlin's response, Completed on: 2006-03-09 | Canadian Aids Society |
| 2006-03-09 | Reply to the motion for leave to intervene, (Letter Form), from C. Petersen (by fax) re: in reply to B. McLaughlin and P. LeFebour's responses, Completed on: 2006-03-09 | Egale Canada Inc. |
| 2006-03-07 | Supplemental document, (Letter Form), from George H. Copley, Q.C. dated March 7/06 (reponse to sur-reply) | Attorney General of British Columbia |
| 2006-03-06 | Response to the motion for leave to intervene, (Letter Form), from Brian McLaughlin dated March 6/06 (by all interveners), Completed on: 2006-03-06 | Commissioner of Customs and Revenue |
| 2006-03-03 | Supplemental document, (Letter Form), from Joseph J. Arvay, Q.C. dated March 2/06 (sur-reply to A.G.B.C.) | Little Sisters Book and Art Emporium |
| 2006-03-02 | Response to the motion for leave to intervene, (Letter Form), from Burke-Robertson dated March 2, 2006 (e-mail) re: intervention by Sierra Legal Defence, Completed on: 2006-03-02 | Little Sisters Book and Art Emporium |
| 2006-03-01 | Response to the motion for leave to intervene, (Letter Form), from Arvay Finlay dated Feb. 28/06 re: oppose the intervention of AGBC and AGOn (cc. to all parties), Completed on: 2006-03-01 | Little Sisters Book and Art Emporium |
| 2006-03-01 | Response to the motion for leave to intervene, (Letter Form), from Burke-Robertson re: consent to Council of Canadians and ARCH leave to intervene., Completed on: 2006-03-01 | Little Sisters Book and Art Emporium |
| 2006-02-27 | Response to the motion for leave to intervene, (Letter Form), from Brian McLachlin dated Feb. 27/06 (by CBA), Completed on: 2006-02-27 | Commissioner of Customs and Revenue |
| 2006-02-24 | Motion for leave to intervene, (bookform), Completed on: 2006-02-24 | Sierra Legal Defence Fund and Environmental Law Centre |
| 2006-02-24 | Motion for leave to intervene, (bookform), Completed on: 2006-02-24 | Attorney General of British Columbia |
| 2006-02-24 | Response to the motion for leave to intervene, from Burke-Robertson dated Feb. 24, 2006 (e-mail) re: interventions by Egale, C.B.A. and C.A.S., Completed on: 2006-02-24 | Little Sisters Book and Art Emporium |
| 2006-02-23 | Motion for leave to intervene, (bookform), Completed on: 2006-02-23 | Council of Canadians with Disabilities and ARCH Disability Law Centre |
| 2006-02-23 | Motion for leave to intervene, 3 copies, Completed on: 2006-02-24 | Canadian Aids Society |
| 2006-02-23 | Motion for leave to intervene, book form, Completed on: 2006-02-23 | Egale Canada Inc. |
| 2006-02-23 | Motion for leave to intervene, Completed on: 2006-02-23 | Attorney General of Ontario |
| 2006-02-20 | Response to the motion for leave to intervene, (Letter Form), from Burke-Robertson dated Feb. 20, 2006 re: e-mail, Completed on: 2006-02-20 | Little Sisters Book and Art Emporium |
| 2006-02-16 | Motion for leave to intervene, 3 copies, Completed on: 2006-02-22 | Canadian Bar Association ("CBA") |
| 2006-01-27 | Appellant's book of authorities, Completed on: 2006-01-27 | Little Sisters Book and Art Emporium |
| 2006-01-27 | Appellant's record, (Vol. I to XVII) (3 Supreme Court of B.C. reasons from Bennett J. signed version rec'd Feb. 13/06), Completed on: 2006-02-15 | Little Sisters Book and Art Emporium |
| 2006-01-27 | Appellant's factum, (CD-ROM rec'd Feb. 6/06), Completed on: 2006-02-07 | Little Sisters Book and Art Emporium |
| 2005-11-28 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2005-11-22 | Notice of appeal, Completed on: 2005-11-22 | Little Sisters Book and Art Emporium |
| 2005-11-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-11-18 | Judgment on leave sent to the parties | |
| 2005-11-17 |
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 CA32104, 2005 BCCA 94, dated February 18, 2005, is granted with costs reserved to the Court at the hearing. Granted, with costs |
|
| 2005-10-17 | All materials on application for leave submitted to the Judges, CJ Bi Cha | |
| 2005-05-24 | Applicant's reply to respondent's argument, Completed on: 2005-05-24 | Little Sisters Book and Art Emporium |
| 2005-05-17 | Respondent's response on the application for leave to appeal, Completed on: 2005-05-17 | Commissioner of Customs and Revenue |
| 2005-04-22 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2005-04-19 | Application for leave to appeal, C/A Order missing - Rec'd April 27, 2005, Completed on: 2005-04-27 | Little Sisters Book and Art Emporium |
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 |
|---|---|---|
| Little Sisters Book and Art Emporium | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Commissioner of Customs and Revenue | Respondent | Active |
| Minister of National Revenue | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Bar Association ("CBA") | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Egale Canada Inc. | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Sierra Legal Defence Fund and Environmental Law Centre | Intervener | Active |
Counsel
Party: Little Sisters Book and Art Emporium
Counsel
Melina Buckley
Joseph J. Arvay, Q.C.
1350 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 689-4421
FAX: (888) 575-3281
Email: jarvay@arvayfinlay.com
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Commissioner of Customs and Revenue
Counsel
Donnaree Nygard
Brian McLachlin
Cheryl Tobias
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 775-7421
FAX: (604) 666-1462
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Minister of National Revenue
Counsel
Donnaree Nygard
Cheryl Tobias
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 775-7421
FAX: (604) 666-1462
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Canadian Bar Association ("CBA")
Counsel
4th Floor - 555 West Georgia Street
Vancouver, British Columbia
V6B 1Z6
Telephone: (604) 689-7555
FAX: (604) 689-7554
Email: jjcamp@cfmlawyers.ca
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Attorney General of Ontario
Counsel
Mark Crow
720 Bay Street
4th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4137
FAX: (416) 326-4015
Email: janet.minor@jus.gov.on.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Egale Canada Inc.
Counsel
1130 - 20 Dundas St West
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6440
FAX: (416) 591-7333
Agent
30 Metcalfe Street, Suite 500
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: michelleflaherty@sgmlaw.com
Party: Attorney General of British Columbia
Counsel
R. Richard M. Butler
6th Floor, 1001 Douglas Street
Victoria, British Columbia
V8X 1X4
Telephone: (250) 356-8875
FAX: (250) 356-9154
Email: george.copley@gems4.gov.bc.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Sierra Legal Defence Fund and Environmental Law Centre
Counsel
Chris Tollefson
Suite 900
30 St. Patrick Street
Toronto, Ontario
M5T 3A3
Telephone: (416) 368-7533 Ext: 31
FAX: (416) 363-2746
Email: rwright@sierralegal.org
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
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.
Procedural law - Interim costs - Trial judge ordering interim costs - Court of appeal allowing appeal - Whether interim costs were properly granted to a small, for-profit corporation involved in Charter litigation.
The Respondent Commissioner prohibited the importation of four book titles by the Appellant. The Appellant appealed the classification decisions to the Supreme Court of British Columbia and, in addition, sought a systemic review under ss. 2(b), 15(1) and 24 of the Canadian Charter of Rights and Freedoms of the Respondent Commissioner’s application of the relevant portions of the Customs Tariff and the Customs Act. As a preliminary matter, Bennett J. ordered the Respondents to pay the Appellant costs in advance of the appeal and review, and in any event of the cause. Approximately three weeks later, the parties came to a detailed agreement on funding. Ultimately, the Court of Appeal overturned the order on advanced costs.
Lower court rulings
Supreme Court of British Columbia
L020443, 2003 BCSC 148
see file
Supreme Court of British Columbia
L020443, 2004 BCSC 823
Respondent ordered t ay interim costs to Applicant
Supreme Court of British Columbia
L020443, 2004 BCSC 1048
see file
Court of Appeal for British Columbia (Vancouver)
CA032104
Respondent's application for leave to appeal dismissed
Court of Appeal for British Columbia (Vancouver)
CA032104, 2004 BCCA 513
Application to vary the order of Prowse J.A. allowed; leave to appeal granted
Court of Appeal for British Columbia (Vancouver)
CA32104, 2005 BCCA 94
Appeal allowed; interim costs order set aside
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
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
Not available