Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
31618
Design Services Limited, et al. v. Her Majesty the Queen
(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) |
|---|---|---|
| 2008-07-09 | Record returned to the Registrar of the Court of Appeal | |
| 2008-05-12 | Appeal closed | |
| 2008-05-09 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2008-05-09 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2008-05-08 |
Judgment on the appeal rendered, CJ Bi De F Abe Cha Ro, The appeal from the judgment of the Federal Court of Appeal, Number A-414-05, 2006 FCA 260, dated July 21, 2006, heard on November 9, 2007, is dismissed with costs. Dismissed, with costs |
|
| 2007-11-26 | Transcript received, (52 pages) | |
| 2007-11-09 | Judgment reserved OR rendered with reasons to follow | |
| 2007-11-09 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2007-11-09 | Appellant's condensed book, Submitted in Court (14 copies) | Design Services Limited |
| 2007-11-09 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2007-11-09 |
Hearing of the appeal, 2007-11-09, CJ Bi De F Abe Cha Ro Judgment reserved |
|
| 2007-10-31 | Appellant's book of authorities, SUPPLEMENTAL, Completed on: 2007-10-31 | Design Services Limited |
| 2007-10-26 | Notice of appearance, Gerry R. Fleming and Geoffrey E.J. Brown will be present at the hearing. | Design Services Limited |
| 2007-10-26 | Notice of appearance, Christopher Rupar will be present at the hearing. | Her Majesty the Queen |
| 2007-08-20 | Notice of hearing sent to parties | |
| 2007-08-20 |
Appeal hearing scheduled, 2007-11-09 Judgment reserved |
|
| 2007-08-08 | Correspondence received from, Gerry Fleming, Michael Harrigton is no longer counsel of record, changed to Geoffrey F.J. Brown. Q.C. | Design Services Limited |
| 2007-07-26 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | |
| 2007-07-26 |
Decision on the motion for leave to intervene, Ro, UPON APPLICATION by the Attorney General of Ontario for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the applicant, Attorney General of Ontario, is dismissed. Dismissed |
|
| 2007-07-26 | Submission of motion for leave to intervene, Ro | |
| 2007-07-12 | Respondent's book of authorities, Completed on: 2007-07-12 | Her Majesty the Queen |
| 2007-07-12 | Respondent's factum, Completed on: 2007-07-12 | Her Majesty the Queen |
| 2007-07-12 | Appeal perfected for hearing | |
| 2007-07-09 | Reply to the motion for leave to intervene, (Letter Form), from Malliha Wison dated July 6/07, Completed on: 2007-07-09 | Attorney General for Ontario |
| 2007-06-22 | Response to the motion for leave to intervene, (Letter Form), from Geoffrey E.J. Brown, Q.C. dated June 18/07, Completed on: 2007-06-22 | Design Services Limited |
| 2007-06-22 | Response to the motion for leave to intervene, (Letter Form), from Christopher Rupar dated June 22/07 (by AG Ontario), Completed on: 2007-06-22 | Her Majesty the Queen |
| 2007-06-13 | Motion for leave to intervene, 3 copies - book form, Completed on: 2007-06-13 | Attorney General for Ontario |
| 2007-05-17 | Appellant's record, (Vol. I to III), Completed on: 2007-05-17 | Design Services Limited |
| 2007-05-17 | Appellant's book of authorities, Completed on: 2007-05-17 | Design Services Limited |
| 2007-05-17 | Appellant's factum, Completed on: 2007-05-17 | Design Services Limited |
| 2007-05-07 | Notice of change of counsel, from R.S. Noseworthy, Q.C. to Chris Rupar, as well as agent | Her Majesty the Queen |
| 2007-04-26 | Appeal court record, (1 box) | |
| 2007-02-26 | Notice of appeal, Completed on: 2007-02-26 | Design Services Limited |
| 2007-02-01 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2007-01-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-01-26 | Judgment on leave sent to the parties | |
| 2007-01-25 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-414-05, 2006 FCA 260, dated July 21, 2006, is granted with costs to the applicants in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2006-12-18 | All materials on application for leave submitted to the Judges, Bi De Abe | |
| 2006-10-30 | Applicant's reply to respondent's argument, Completed on: 2006-10-30 | Design Services Limited |
| 2006-10-23 | Respondent's response on the application for leave to appeal, Completed on: 2006-10-23 | Her Majesty the Queen |
| 2006-10-19 | Order on motion to extend time | |
| 2006-10-19 |
Decision on motion to extend time, to serve and file the respondent's response to Oct. 23/06, Reg Granted |
|
| 2006-10-18 | Submission of motion to extend time, Reg | |
| 2006-10-18 | Response to motion to extend time, from Gerald R. Fleming, Completed on: 2006-10-18 | Design Services Limited |
| 2006-10-18 | Motion to extend time, to file the response to October 23, 2006, Completed on: 2006-10-18 | Her Majesty the Queen |
| 2006-09-14 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2006-09-13 | Application for leave to appeal, Completed on: 2006-09-13 | Design Services Limited |
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 |
|---|---|---|
| Design Services Limited | Appellant | Active |
| G.J. Cahill & Company Limited, Pyramid Construction Limited, PHB Group Inc., Canadian Process Services Inc. and Metal World Incorporated Inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Design Services Limited
Counsel
Gerry R. Fleming
Cabot Place, 100 New Gower St.
P.O. Box 5038, Stn. C
St. John's, Newfoundland & Labrador
A1C 5V3
Telephone: (709) 570-8845
FAX: (709) 722-4565
Email: gbrown@smss.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: G.J. Cahill & Company Limited, Pyramid Construction Limited, PHB Group Inc., Canadian Process Services Inc. and Metal World Incorporated Inc.
Counsel
Gerry R. Fleming
Cabot Place, 100 New Gower St.
P.O. Box 5038, Stn. C
St. John's, Newfoundland & Labrador
A1C 5V3
Telephone: (709) 570-8845
FAX: (709) 722-4565
Email: gbrown@smss.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Her Majesty the Queen
Counsel
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
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.
Torts - Negligence - Duty of care - Recovery for pure economic loss - Tendering process - Whether Respondent owed Applicant subcontractors duty of care in tort not to award contract to a non-compliant bidder.
A general contractor, together with its architect and certain consultants and subcontractors (the Applicants), launched litigation against the Respondent after Public Works and Government Services Canada decided to award the contract for the construction of a naval reserve building in St. John’s, Newfoundland to another bid proponent. The general contractor, having reached a settlement with the Respondent, discontinued its action.
Lower court rulings
Federal Court of Canada, Trial Division
T-219-00, 2005 FC 890
Respondent found to owe Applicants duty of care in tort
Federal Court of Appeal
A-414-05, 2006 FCA 260
Appeal allowed; Cross-appeal 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
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