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.
32116
Teck Cominco Metals Ltd., et al. v. Lombard General Insurance Company of Canada, 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) |
|---|---|---|
| 2009-03-26 | Correspondence (sent by the Court) to, Mr. Weatherill (cc. all parties); reasons will not be amended | |
| 2009-03-10 | Appeal closed | |
| 2009-03-10 | Correspondence received from, James H. MacMaster dated March 9/09 in response to Teck Cominco's letter of Feb. 23/09 | Lombard General Insurance Company of Canada |
| 2009-03-04 | Correspondence received from, Henry S. Brown, Q.C. dated March 4/09 re: supports Mr. Weatherill's letter of Feb. 23/09 | Lloyd's Underwriters |
| 2009-02-24 | Correspondence received from, G. C. Weatherill (dated February 23/09), re.:Reasons for Judgment pronounced on Feb. 20/09 | Teck Cominco Metals Ltd. |
| 2009-02-23 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2009-02-23 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2009-02-20 |
Judgment on the appeal rendered, CJ Bi LeB De F Cha Ro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA034393 and CA034394, 2007 BCCA 249, dated April 30, 2007, heard on November 17, 2008, is dismissed with costs to the respondents. Dismissed, with costs |
|
| 2008-12-03 | Transcript received, (50 pages) | |
| 2008-11-17 | Judgment reserved OR rendered with reasons to follow | |
| 2008-11-17 |
Hearing of the appeal, 2008-11-17, CJ Bi LeB De F Cha Ro Judgment reserved |
|
| 2008-11-17 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2008-11-17 | Respondent's condensed book, Filed in Court Nov. 17/08 | Lombard General Insurance Company of Canada |
| 2008-11-17 | Appellant's condensed book, Filed in Court Nov. 17/08 | Teck Cominco Metals Ltd. |
| 2008-11-04 | Notice of appearance, Gary Nijman | Seaton Insurance Company |
| 2008-11-04 | Notice of appearance, Graeme Mew and Anna Casemore will be present at the hearing. | Lloyd's Underwriters |
| 2008-10-29 | Notice of appearance, Gordon Weatherill, Craig Ferris and Lisa Peters will be present at the hearing. | Teck Cominco Metals Ltd. |
| 2008-08-29 | Notice of hearing sent to parties, (signed notice) | |
| 2008-08-25 | Notice of hearing sent to parties, (notice not signed) | |
| 2008-08-22 |
Appeal hearing scheduled, 2008-11-17, (previously Oct. 16/08) Judgment reserved |
|
| 2008-07-29 | Order on motion to extend time | |
| 2008-07-29 |
Decision on motion to extend time, Ro, to serve and file the respondents' factums, joint record and joint books of authorities to June 27/08 and to present oral argument at the hearing of the appeal Granted |
|
| 2008-07-29 | Submission of motion to extend time, Ro | |
| 2008-07-28 | Response to motion to extend time, and to present oral argument at the hearing of the appeal, Completed on: 2008-07-28 | Teck Cominco Metals Ltd. |
| 2008-07-04 | Motion to extend time, to file the respondents' factums, joint record and joint books of authorities to June 27/08 and to present oral argument at the hearing of the appeal, Completed on: 2008-07-04 | Lombard General Insurance Company of Canada |
| 2008-06-27 | Respondent's factum, Completed on: 2008-06-27 | Seaton Insurance Company |
| 2008-06-27 | Respondent's book of authorities, Joint (2 volumes), Completed on: 2008-06-27 | Lombard General Insurance Company of Canada |
| 2008-06-27 | Respondent's factum, Completed on: 2008-06-27 | Lloyd's Underwriters |
| 2008-06-27 | Respondent's factum, Completed on: 2008-06-27 | Lombard General Insurance Company of Canada |
| 2008-06-18 | Respondent's record, Joint record (4 volumes), Completed on: 2008-06-18 | Lombard General Insurance Company of Canada |
| 2008-05-27 | Appeal perfected for hearing | |
| 2008-03-28 | Appellant's record, (14 copies rec'd containing 5 vols. - new covers changed on Apr. 2/08 with CD and proof of service), Completed on: 2008-04-02 | Teck Cominco Metals Ltd. |
| 2008-03-28 | Appellant's book of authorities, (13 copies rec'd containing 3 vols. - new covers changed on Apr. 2/08 with CD and proof of service), Completed on: 2008-04-02 | Teck Cominco Metals Ltd. |
| 2008-03-28 | Appellant's factum, (14 copies rec'd - new cover changed on Apr. 2/08 with CD and proof of service), Completed on: 2008-04-02 | Teck Cominco Metals Ltd. |
| 2008-02-08 | Notice of change of counsel, from Stephen J. Grace (agent) to Michael J. Sobkin | Lombard General Insurance Company of Canada |
| 2008-01-08 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2007-12-21 | Notice of appeal, Completed on: 2007-12-21 | Teck Cominco Metals Ltd. |
| 2007-11-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-11-30 | Judgment on leave sent to the parties | |
| 2007-11-29 |
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), Numbers CA034393 and CA034394, 2007 BCCA 249, dated April 30, 2007, 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 |
|
| 2007-10-09 | All materials on application for leave submitted to the Judges, CJ F Ro | |
| 2007-09-04 | Applicant's reply to respondent's argument, Service missing - Rec'd on Sept. 5, 2007, Completed on: 2007-09-05 | Teck Cominco Metals Ltd. |
| 2007-08-24 | Book of authorities | Lloyd's Underwriters |
| 2007-08-24 | Respondent's response on the application for leave to appeal, Completed on: 2007-08-24 | Lloyd's Underwriters |
| 2007-08-24 | Book of authorities | Seaton Insurance Company |
| 2007-08-24 | Respondent's response on the application for leave to appeal, Completed on: 2007-08-24 | Seaton Insurance Company |
| 2007-08-23 | Respondent's response on the application for leave to appeal, Completed on: 2007-08-23 | Lombard General Insurance Company of Canada |
| 2007-07-05 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-07-04 | Correspondence received from, Gordon C. Weatherill dated July 4, 2007 RE: Style of cause (by fax) | Teck Cominco Metals Ltd. |
| 2007-06-28 | Book of authorities | Teck Cominco Metals Ltd. |
| 2007-06-28 | Application for leave to appeal, Completed on: 2007-06-28 | Teck Cominco Metals Ltd. |
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 |
|---|---|---|
| Teck Cominco Metals Ltd. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Lombard General Insurance Company of Canada | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Teck Cominco Metals Ltd. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Lloyd's Underwriters | Respondent | Active |
| Seaton Insurance Company | Respondent | Active |
Counsel
Party: Teck Cominco Metals Ltd.
Counsel
Craig A.B. Ferris
Lisa A. Peters
Suite 1600, Cathedral Place
925 Georgia Street West
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 631-9192
FAX: (604) 641-2812
Email: gweatherill@lawsonlundell.com
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Lombard General Insurance Company of Canada
Counsel
Christopher A. Rhone
Michael J. Sobkin
1210 - 777 Hornby Street
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 654-2999
FAX: (604) 684-3429
Agent
Gatineau, Quebec
J9H 7K8
Telephone: (819) 778-7794
FAX: (819) 778-1740
Email: msobkin@sympatico.ca
Party: Lloyd's Underwriters
Counsel
Anna Casemore
612 - 390 Bay Street
Toronto, Ontario
M5H 2Y2
Telephone: (416) 366-4555
FAX: (416) 366-6110
Email: gmew@npm.ca
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: Seaton Insurance Company
Counsel
Gregory S. Pun
2700-700 West Georgia Street
Vancouver, British Columbia
V7Y 1B8
Telephone: (604) 688-1351
FAX: (604) 669-7642
Email: gnijman@ahbl.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
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.
Private international law - Choice of forum - Forum non conveniens - Appropriate forum - Actions commenced in both Canadian and U.S. courts - Principles governing the determination of appropriate forum and governing comity between courts - Appellant brought applications for orders staying two actions in the Supreme Court of British Columbia - Insurers sought a declaration that they had no obligation to defend or indemnify the Appellant in respect of environmental damages claims - Appellant’s applications to stay the proceedings pursuant to forum non conveniens and pursuant to s. 11 of the Court Jurisdiction and Proceedings Transfer Act dismissed - Whether the proposed appeal raises issues of national and public importance concerning the role of comity in the application of the principle of forum non conveniens - Application of comity where there has been a prior positive assertion of jurisdiction by a foreign court - Court Jurisdiction and Proceedings Transfer Act, S.B.C. 2003, c. 28.
The Appellant (TCML) brought applications for orders staying two actions in the Supreme Court of British Columbia. TCML applied to the B.C. court to have it decline jurisdiction over the insurance coverage issues raised in these proceedings in favour of proceedings commenced in the Washington court. Davies J. dismissed the applications of TCML to stay the B.C. proceedings pursuant to forum non conveniens and pursuant to s. 11 of the Court Jurisdiction and Proceedings Transfer Act, S.B.C. 2003, c. 28. The Court of Appeal dismissed the appeals.
Lower court rulings
Supreme Court of British Columbia
S056205, 2007 BCSC 1276, S056374, 2007 BCSC 1276
see file
Court of Appeal for British Columbia (Vancouver)
CA034393, 2007 BCCA 249, CA034394, 2007 BCCA 249
see file
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