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.
31816
Allison G. Abbott, 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) |
|---|---|---|
| 2007-05-14 | Close file on Leave | |
| 2007-05-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-05-11 | Judgment on leave sent to the parties | |
| 2007-05-10 |
Judgment of the Court on the application for leave to appeal, The application for an extension of time is granted. The motion to adduce fresh evidence is dismissed and the application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-93-05, 2006 FCA 342, dated October 20, 2006, is dismissed with costs. Dismissed, with costs |
|
| 2007-05-10 |
Decision on motion to adduce new evidence Dismissed |
|
| 2007-05-10 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2007-03-26 | Submission of motion to adduce new evidence, CJ Cha Ro | |
| 2007-03-26 | All materials on application for leave submitted to the Judges, CJ Cha Ro | |
| 2007-03-26 | Submission of motion to extend time to file and/ or serve the leave application, CJ Cha Ro | |
| 2007-03-07 | Order on motion to extend time | |
| 2007-03-07 |
Decision on motion to extend time, to serve and file the respondent's response to Feb. 16/07, Reg Granted |
|
| 2007-03-07 | Submission of motion to extend time, Reg | |
| 2007-02-20 | Correspondence received from, J. Feldschmid dated Feb. 16, 2007 re: error in Part VII of response to the leave application (corrections made in response) | Her Majesty the Queen |
| 2007-02-20 | Motion to extend time, to file the response to Feb. 13, 2007, Completed on: 2007-02-20 | Her Majesty the Queen |
| 2007-02-13 | Respondent's response on the application for leave to appeal, (extension of time requested and service missing) - (received Feb. 20, 2007), Completed on: 2007-02-20 | Her Majesty the Queen |
| 2007-01-18 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-01-15 | Motion to adduce new evidence, (included in leave application), Completed on: 2007-03-27 | Allison G. Abbott |
| 2007-01-15 | Motion to extend the time to file and or serve the application for leave to appeal, Included in application, Completed on: 2007-01-15 | Allison G. Abbott |
| 2007-01-15 | Application for leave to appeal, Completed on: 2007-01-15 | Allison G. Abbott |
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 |
|---|---|---|
| Abbott, Allison G. | Applicant | Active |
| Margaret Abbott and Margaret Elizabeth McIntosh | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Abbott, Allison G.
Counsel
2200 - 201 Portage Avenue
Winnipeg, Manitoba
R3B 3L3
Telephone: (204) 934-2537
FAX: (204) 943-6445
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: Margaret Abbott and Margaret Elizabeth McIntosh
Counsel
2200 - 201 Portage Avenue
Winnipeg, Manitoba
R3B 3L3
Telephone: (204) 934-2537
FAX: (204) 943-6445
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: Her Majesty the Queen
Counsel
Jurgen Feldschmidt
1900-155 Carlton
Winnipeg, Manitoba
R3C 3H8
Telephone: (204) 594-1305 Ext: 213
FAX: (204) 942-3362
Email: pedwards@dehslaw.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.
Limitation of actions - Crown Law - Remedies - Leases - Whether limitation periods bar grants of declaratory relief - Whether declaratory relief is available despite the passage of statutory limitation periods to persons whose property rights are affected by the unlawful and unilateral exercise by the Crown of its authority regardless how such authority is characterized - Whether the Crown was entitled to require the surrender of perpetually renewable leases and the substitution therefor of a lease without the right to perpetual renewal as a condition of consenting to an assignment of the lease.
Beginning in 1930, the Federal Crown leased land for cottages in Riding Mountain National Park. The leases granted an option to renew the lease for 42 year terms in perpetuity. The Crown consented to assignments of leases without requiring changes to the terms of the leases until 1965. In 1965, the Minister of Northern Affairs and Natural Resources introduced a policy under which the Crown would only consent to assignments if the original lease was surrendered and a new lease was executed without any provision for renewal. The Crown acted upon this policy from 1965 to 1970. The applicants’ leases were affected by the policy. They commenced a representative action seeking a declaration that their leases continued to include a right of perpetual renewal.
Lower court rulings
Federal Court of Canada, Trial Division
T-1168-96, 2005 FC 163
Action dismissed as time-barred under the Limitations of Actions Act, CCSM 1987, c. L150
Federal Court of Appeal
A-93-05, 2006 FCA 342
The appeal dismissed with costs.
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.
Downloadable PDFs
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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.
Downloadable PDFs
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