Case information
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32647
BCE Inc., et al. v. A Group of 1976 Debentureholders composed of: Aegon Capital Management Inc., Addenda Capital Inc., Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc.,, et al.
(Quebec) (Civil) (By Leave)
(Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
Date | Proceeding | Filed By (if applicable) |
---|---|---|
2009-02-25 | Appeal closed | |
2009-02-23 | Certificate of taxation issued to, (6796508 Canada), Dougald E. Brown | |
2009-02-23 | Certificate of taxation issued to, (BCE), Eugene Meehan | |
2009-02-18 | Decision on the bill of costs, (6796508 Canada), in the amount of $10,482.04, DeRg | |
2009-02-18 | Decision on the bill of costs, (BCE), in the amount of $108,373.16, DeRg | |
2009-02-02 | Submission of the bill of costs, (6796508 Canada), DeRg | |
2009-02-02 | Submission of the bill of costs, (BCE), DeRg | |
2009-01-22 | General proceeding, Ogivie Renault LLP is co-counsel for the Appellants BCE Inc. and Bell Canada | BCE Inc. |
2009-01-15 | Response to the bill of costs, Response to REPLY, Completed on: 2009-01-15 | A Group of 1997 Debentureholders composed of: Addenda Capital Management Inc., Manulife Financial Corporation, Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc. |
2009-01-12 | Reply to the bill of costs, Completed on: 2009-01-12 | BCE Inc. |
2009-01-12 | Reply to the bill of costs, Completed on: 2009-01-12 | 6796508 Canada Inc. |
2009-01-07 | Correspondence (sent by the Court) to, L.-M. O'Neill, re.: returning cheque | |
2008-12-23 | Response to the bill of costs, JOINT response to Bills of Costs, Completed on: 2008-12-23 | A Group of 1976 Debentureholders composed of: Aegon Capital Management Inc., Addenda Capital Inc., Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc., |
2008-12-22 | Correspondence received from, Sally Gomery dated Dec. 22/08 re: Pierre Bienvenu and Steve Tenai of Ogilvie Renault as co-counsel (original rec'd Dec. 30/09) | BCE Inc. |
2008-12-19 | Bill of costs, Completed on: 2009-01-07 | BCE Inc. |
2008-12-19 |
Written reasons rendered after oral judgment, BY THE COURT. Bastarache J. joined in the judgment of June 20, 2008, but took no part in these reasons for judgment., CJ Ba Bi LeB De Abe Cha Allowed, with costs |
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2008-12-18 | Bill of costs, Completed on: 2008-12-18 | 6796508 Canada Inc. |
2008-08-15 | Correspondence (sent by the Court) to, Mr. Guillon dated Aug-15-08 re: Lock-Up will not be held | |
2008-08-14 | Media lock-up request refused | |
2008-08-14 | Media lock-up consent form received from, Mr. Koehnen dated Aug-13-08 | A Group of 1997 Debentureholders composed of: Addenda Capital Management Inc., Manulife Financial Corporation, Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc. |
2008-08-13 | Media lock-up consent form received from, Mr. Richter dated Aug-13-08 and consents to Mr. Koehnen's proposal | 6796508 Canada Inc. |
2008-08-13 | Correspondence (sent by the Court) to, Mr. Koehnen, c.c parties dated Aug-12-08 re: declining proposal | |
2008-08-12 | Media lock-up consent form received from, Guy Du Pont dated Aug-12-08 | BCE Inc. |
2008-08-06 | Media lock-up consent form received from, Me Tessier dated Aug-06-08 re: and consents to Mr. Koehnen's proposal | Computershare Trust Company of Canada |
2008-08-06 | Correspondence received from, Mr. Koehnen dated Aug-06-08 re: lock up procedure | A Group of 1997 Debentureholders composed of: Addenda Capital Management Inc., Manulife Financial Corporation, Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc. |
2008-08-06 | Media lock-up consent form received from, Mr. Fishman dated Aug-06-08 re: and consents to Mr. Koehnen's request | A Group of 1976 Debentureholders composed of: Aegon Capital Management Inc., Addenda Capital Inc., Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc., |
2008-07-30 | Media lock-up letter, consent form and undertaking sample sent to all parties | |
2008-07-10 | Media lock-up requested or proposed | |
2008-06-23 | Formal judgment sent to the registrar of the court of appeal and all parties | |
2008-06-23 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
2008-06-20 |
Judgment on the appeal rendered, CJ Ba Bi LeB De Abe Cha, The appeals from the judgments of the Court of Appeal of Quebec (Montréal), Numbers 500-09-018525-089 and 500-09-018527-085, dated May 21, 2008, heard on June 17, 2008, are allowed with costs throughout. The decision of the Court of Appeal is set aside and the trial judge’s approval of the plan of arrangement is affirmed. The cross-appeals from the judgments of the Court of Appeal of Quebec (Montréal), Numbers 500-09-018524-082 and 500-09-018526-087, dated May 21, 2008, heard on June 17, 2008, are dismissed with costs throughout. Reasons to follow. Allowed, with costs |
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2008-06-19 | Transcript received, (76 pages) | |
2008-06-18 | Notice of appearance, dated June 16/08 to add Julien Brazeau and Erin Cowlin as counsel at the hearing | A Group of 1997 Debentureholders composed of: Addenda Capital Management Inc., Manulife Financial Corporation, Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc. |
2008-06-17 | Judgment reserved OR rendered with reasons to follow | |
2008-06-17 | Intervener's condensed book, Submitted in Court (14 copies) | Catalyst Asset Management Inc. |
2008-06-17 | Intervener's condensed book, Submitted in Court (14 copies) | Matthew Stewart |
2008-06-17 | Respondent's condensed book, Submitted in Court (14 copies) | A Group of 1996 Debentureholders composed of: Aegon Capital Management Inc., Addenda Capital Inc., Phillips, Hager & North Investment Management Ltd., Sun Life Insurance (Canada) Limited, CIBC Global Asset Management Inc. |
2008-06-17 | Respondent's condensed book, Submitted in Court (14 copies) (sealed) | A Group of 1976 Debentureholders composed of: Aegon Capital Management Inc., Addenda Capital Inc., Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc., |
2008-06-17 | Appellant's condensed book, Submitted in Court (14 copies) | 6796508 Canada Inc. |
2008-06-17 | Appellant's condensed book, Submitted in Court (14 copies) (sealed) | BCE Inc. |
2008-06-17 | General proceeding, CD of complete case-SEALED | BCE Inc. |
2008-06-17 | Acknowledgement and consent for video taping of proceedings, From all parties | |
2008-06-17 |
Hearing of the appeal, 2008-06-17, CJ Ba Bi LeB De Abe Cha Judgment reserved |
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2008-06-13 | Correspondence received from, Gerald N. Apostolatos (by e-mail) dated June 13/08 re: corrections of typos in footnotes of intervener's factum and with missing pages in the Book of Authorities (copies rec'd June 16/08)(sent to the Court June 16/08) | Matthew Stewart |
2008-06-13 | Correspondence received from, Robert Tessier dated June 10, 2008. Re: Will not file any documents and not appearing at the hearing | CIBC Mellon Trust Company |
2008-06-12 | Supplemental document, Additional Book of Authorities, Completed on: 2008-06-12 | BCE Inc. |
2008-06-12 | Respondent's factum - cross appeal, and Supplementary Record SEALED (A redacted version available for the public rec'd June 13/08), Completed on: 2008-06-12 | BCE Inc. |
2008-06-12 | Respondent's factum - cross appeal, Completed on: 2008-06-12 | 6796508 Canada Inc. |
2008-06-12 | Intervener's book of authorities, Completed on: 2008-06-12 | Matthew Stewart |
2008-06-11 | Correspondence received from, Jessica Kimmel by e-mail dated June 11/08 re: extra seats at the hearing | 6796508 Canada Inc. |
2008-06-11 | Appeal perfected for hearing | |
2008-06-10 | Intervener's book of authorities, Completed on: 2008-06-10 | Catalyst Asset Management Inc. |
2008-06-10 | Intervener's factum, Completed on: 2008-06-10 | Catalyst Asset Management Inc. |
2008-06-10 | Intervener's factum, (CD-Rom with the corrections rec'd June 23/08), Incomplete | Matthew Stewart |
2008-06-10 | Supplemental document, ADD. RECORD Vol. VI to VIII (vol. VIII entitled "Additional Record and Book of Authorities" is sealed), Completed on: 2008-06-10 | A Group of 1997 Debentureholders composed of: Addenda Capital Management Inc., Manulife Financial Corporation, Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc. |
2008-06-10 | Appellant's factum - cross appeal, joint with factum on appeal, Completed on: 2008-06-10 | A Group of 1997 Debentureholders composed of: Addenda Capital Management Inc., Manulife Financial Corporation, Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc. |
2008-06-10 | Appellant's factum - cross appeal, joint with factum on appeal, Completed on: 2008-06-10 | A Group of 1976 Debentureholders composed of: Aegon Capital Management Inc., Addenda Capital Inc., Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc., |
2008-06-10 | Respondent's factum, joint with factum on cross-appeal, Completed on: 2008-06-10 | A Group of 1997 Debentureholders composed of: Addenda Capital Management Inc., Manulife Financial Corporation, Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc. |
2008-06-10 | Respondent's factum, (Computershare Trust), Completed on: 2008-06-10 | Computershare Trust Company of Canada |
2008-06-10 | Respondent's record, (Computershare Trust) Vol. I and II (vol. II is sealed), Completed on: 2008-06-10 | Computershare Trust Company of Canada |
2008-06-10 | Respondent's factum, joint with factum on cross-appeal, Completed on: 2008-06-10 | A Group of 1976 Debentureholders composed of: Aegon Capital Management Inc., Addenda Capital Inc., Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc., |
2008-06-10 | Respondent's record, Vol. I to VI and public version of general index (Vol. III, Vol. VI entitled "Additional Documents of the Respondents" and Confidential General Index are sealed), Completed on: 2008-06-10 | A Group of 1976 Debentureholders composed of: Aegon Capital Management Inc., Addenda Capital Inc., Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc., |
2008-06-10 | Notice of appearance, Christian Tacit will be present at the hearing. | Catalyst Asset Management Inc. |
2008-06-10 | Notice of appearance, Raynold Langlois and Gerald Apostolatos will be present at the hearing. | Matthew Stewart |
2008-06-10 | Notice of change of counsel, (Letter Form), from Gerald N. Apostolatos by e-mail dated June 10/08 re: the Firm of Langlois Kronstrom Desjardins replaces McCarthy Tétrault as counsel of the record | Matthew Stewart |
2008-06-10 | Correspondence received from, Robert Tessier (e-mail) dated June 10/08 with a copy of two letters from Davies and from Woods consenting to the production of a letter dated May 23/08 (this letter is included in vol. II of their record ) | Computershare Trust Company of Canada |
2008-06-10 | Correspondence received from, Robert Tessier (e-mail) dated June 10/08 re: CIBC Mellon will not appear and will not file any material | Computershare Trust Company of Canada |
2008-06-09 | Correspondence received from, Mr. Brazeau dated June-09-08 re: seat reservations for courtroom | A Group of 1997 Debentureholders composed of: Addenda Capital Management Inc., Manulife Financial Corporation, Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc. |
2008-06-09 | Notice of appearance, Markus Koehnen, Max Mendelsohn and Paul Macdonald will be present at the hearing. | A Group of 1997 Debentureholders composed of: Addenda Capital Management Inc., Manulife Financial Corporation, Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc. |
2008-06-09 | Notice of appearance, Robert Tessier and Ronald Auclair will be present at the hearing. | Computershare Trust Company of Canada |
2008-06-09 | Respondent's book of authorities, Vol. I to IV, Completed on: 2008-06-09 | A Group of 1997 Debentureholders composed of: Addenda Capital Management Inc., Manulife Financial Corporation, Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc. |
2008-06-09 | Respondent's record, Vol. I to V + one public version of General Index (Vol. III, Vol. V entitled "Additional documents of the Respondents' " and Confidential General Index are sealed), Completed on: 2008-06-09 | A Group of 1997 Debentureholders composed of: Addenda Capital Management Inc., Manulife Financial Corporation, Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc. |
2008-06-09 | Correspondence received from, Christopher Rupar dated June 9/08 re: will not be participating in this appeal | Director Appointed Pursuant to the CBCA |
2008-06-09 | Response to the motion for leave to intervene, from Paul G. Macdonald (e-mail) dated June 9/08 (by Matthew Stewart), Completed on: 2008-06-09 | A Group of 1997 Debentureholders composed of: Addenda Capital Management Inc., Manulife Financial Corporation, Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc. |
2008-06-09 | Response to the motion for leave to intervene, (Letter Form), from Paul G. Macdonald (e-mail) dated June 9/08 (by Catalyst), Completed on: 2008-06-09 | A Group of 1997 Debentureholders composed of: Addenda Capital Management Inc., Manulife Financial Corporation, Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc. |
2008-06-09 | Response to the motion for leave to intervene, (Letter Form), from Robert E. Houston, Q.C. (e-mail) dated June 9/08 (by Matthew Stewart), Completed on: 2008-06-09 | A Group of 1976 Debentureholders composed of: Aegon Capital Management Inc., Addenda Capital Inc., Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc., |
2008-06-09 | Notice of appearance, John Finnigan, John Porter, Avram Fishman and Mark Meland will be present at the hearing. | A Group of 1976 Debentureholders composed of: Aegon Capital Management Inc., Addenda Capital Inc., Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc., |
2008-06-09 | Order on motion for leave to intervene | |
2008-06-09 |
Decision on the motion for leave to intervene, Cha, The motions for leave to intervene by Catalyst Asset Management Inc. and by Matthew Stewart are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 15 pages in length on or before June 10, 2008. The interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. 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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. Granted |
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2008-06-09 | Submission of motion for leave to intervene, Cha | |
2008-06-06 | Correspondence received from, Guy Du Pont by e-mail dated June 6/08 re: status of Trustees (Computershare et al) | BCE Inc. |
2008-06-06 | Supplemental document, Book of Authorities on Motion to Intervene, Completed on: 2008-06-06 | Matthew Stewart |
2008-06-06 | Motion for leave to intervene, (bookform), Completed on: 2008-06-06 | Matthew Stewart |
2008-06-06 | Appellant's factum, Completed on: 2008-06-06 | 6796508 Canada Inc. |
2008-06-06 | Appellant's factum, Completed on: 2008-06-06 | BCE Inc. |
2008-06-06 | Notice of appearance, Benjamin Zarnett, Jessica Kimmel, James Wood and Christopher Richter will be present at the hearing. | 6796508 Canada Inc. |
2008-06-06 | Motion for leave to intervene, (bookform), Completed on: 2008-06-06 | Catalyst Asset Management Inc. |
2008-06-06 | Appellant's book of authorities, (JOINT) Vol. I to IV, Completed on: 2008-06-06 | BCE Inc. |
2008-06-06 | Notice of appearance, Guy Du Pont, Kent Thomson, William Brock, James Doris, Louis-Martin O'Neill, Pierre Bienvenu and Steve Tenai will be present at the hearing. | BCE Inc. |
2008-06-05 | Appellant's record, (JOINT) Vol. I to VIII + one public version of General Index (Vol. VII and VIII and General Index are sealed ), Completed on: 2008-06-05 | BCE Inc. |
2008-06-05 | Correspondence received from, Nick Rodrigo (Davies) by e-mail dated June 5/08 re: nothing filed to date by BCE raises any confidentiallity concerns | BCE Inc. |
2008-06-05 | Correspondence (sent by the Court) to, Natalie LeMay-Calcutt at CPAC, dated June 5, 2008 re: broadcasting | |
2008-06-05 | Correspondence (sent by the Court) to, Mike Omelus, dated June 5, 2008 re: broadcasting | |
2008-06-05 | Notice of hearing sent to parties | |
2008-06-05 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
2008-06-04 | Notice of appeal, Completed on: 2008-06-04 | 6796508 Canada Inc. |
2008-06-03 | Correspondence received from, Supreme Factum (for Miller Thomson Pouliot) by e-mail dated June 3/08 with corrected p. 4 of their response to the leave aplication | Computershare Trust Company of Canada |
2008-06-03 | Correspondence received from, Jeffrey Beedell (Lang Michener) dated June 3/08 adding the Law Firm of Ogilvie Renault LLP as co-counsel for BCE Inc. and Bell Canada | BCE Inc. |
2008-06-03 |
Appeal hearing scheduled, 2008-06-17 Judgment reserved |
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2008-06-03 | Notice of appeal, (with CD-Rom), Completed on: 2008-06-03 | BCE Inc. |
2008-06-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
2008-06-03 | Judgment on leave sent to the parties | |
2008-06-02 |
Judgment of the Court on the application for leave to appeal, The applications for leave to appeal and conditional applications for leave to cross-appeal from the judgments of the Quebec Court of Appeal (Montréal), Numbers 500-09-018525-089, 500-09-018527-085, 500-09-018523-084, 500-09-018522-086, 500-09-018524-082 and 500-09-018526-087, dated May 21, 2008, are granted with costs in any event of the cause. The motions to expedite the hearing are granted and the following time lines apply: 1) The appellants' factums, record and books of authorities shall be served and filed by June 6, 2008; 2) Any applications for leave to intervene shall be served and filed by June 6, 2008; 3) The respondents' factums on the appeal and cross-appeal, records and books of authorities shall be served and filed by June 10, 2008; 4) The interveners' factums shall be served and filed by June 10, 2008; 5) The appellants' factums on the cross-appeal shall be served and filed by June 12, 2008; 6) The appeal is to be heard on June 17, 2008 at 9:00 a.m. The appellants are to share 1 hour for oral argument and the respondents are to share 1 hour for oral argument. The Director appointed pursuant to the CBCA and any intervener permitted to make oral argument shall have 10 minutes for oral argument. Granted |
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2008-06-02 | Affidavit, of Stephen A. Jarislowski sworn May 29/08 included in respondents' response filed May 30/08 (original copy) | A Group of 1976 Debentureholders composed of: Aegon Capital Management Inc., Addenda Capital Inc., Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc., |
2008-06-02 | Correspondence received from, Benjamin Zarnett (by e-mail and by fax) dated June 2/08 re: position on conditional motions for leave to cross-appeal | 6796508 Canada Inc. |
2008-06-02 | Correspondence received from, Guy Du Pont (by e-mail) dated June 2/08 re: position on conditional motions for leave to cross-appeal | BCE Inc. |
2008-06-02 | Correspondence received from, Markus Koehnen (by e-mail) dated May 30/08 re: supports submissions filed by 76/96 Debentureholders | A Group of 1997 Debentureholders composed of: Addenda Capital Management Inc., Manulife Financial Corporation, Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc. |
2008-05-30 | All materials on application for leave submitted to the Judges, CJ LeB Cha | |
2008-05-30 | Submission of miscellaneous motion, CJ LeB Cha | |
2008-05-30 | Respondent's response on the application for leave to appeal, (CIBC Mellon's response), Completed on: 2008-05-30 | Computershare Trust Company of Canada |
2008-05-30 | Respondent's response on the application for leave to appeal, (Computershare's response), Completed on: 2008-05-30 | Computershare Trust Company of Canada |
2008-05-30 | Respondent's response on the application for leave to appeal, (sealed) Vol. I to VI) (redacted version requested), Completed on: 2008-05-30 | A Group of 1997 Debentureholders composed of: Addenda Capital Management Inc., Manulife Financial Corporation, Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc. |
2008-05-30 | Response to miscellaneous motion, (bookform), Completed on: 2008-05-30 | A Group of 1976 Debentureholders composed of: Aegon Capital Management Inc., Addenda Capital Inc., Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc., |
2008-05-30 | Respondent's response on the application for leave to appeal, (sealed Vol. I to IV) (redacted version requested), Completed on: 2008-05-30 | A Group of 1976 Debentureholders composed of: Aegon Capital Management Inc., Addenda Capital Inc., Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc., |
2008-05-30 | Correspondence received from, Markus Koehnen (by e-mail) dated May 29/08 in response to Ms. Kimmel's letter | A Group of 1997 Debentureholders composed of: Addenda Capital Management Inc., Manulife Financial Corporation, Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc. |
2008-05-30 | Correspondence received from, Jessica Kimmel (by e-mail and by fax) dated May 28/08 (sic) re: 6796508 Canada Inc. (Purchaser) should be an applicant (original rec'd May 30/08) | 6796508 Canada Inc. |
2008-05-28 | Motion to expedite the application for leave to appeal, (for administrative purpose), Completed on: 2008-05-28 | BCE Inc. |
2008-05-28 | Application for leave to appeal, (service admitted by e-mail) (SECOND application), Completed on: 2008-05-28 | 6796508 Canada Inc. |
2008-05-28 | Notice of miscellaneous motion, for expedited hearing order (bookform), Completed on: 2008-05-28 | BCE Inc. |
2008-05-28 | Application for leave to appeal, Vol. I & II (FIRST application), Completed on: 2008-05-28 | BCE Inc. |
2008-05-27 | Affidavit, (original copy bookform) of R. Gregory Ross included in response to motion file May 26/08 | A Group of 1976 Debentureholders composed of: Aegon Capital Management Inc., Addenda Capital Inc., Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc., |
2008-05-27 | Correspondence received, from Mike Omelus of Business News Network (BNN) dated May 27/08 re: broadcasting | |
2008-05-26 | Order on motion to directions, and expedited process (BY THE COURT) | |
2008-05-26 |
Decision on motion for directions, CJ Bi LeB De F Abe Cha, UPON APPLICATION by the applicants for an order for directions and expedited process; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: 1) The motion to expedite the leave application is granted; 2) The application for leave to appeal and motion to expedite the hearing shall be served and filed by May 28, 2008; 3) Any responses to the application for leave and motion to expedite shall be served and filed by May 30, 2008; IN THE EVENT LEAVE TO APPEAL IS GRANTED AND THE MOTION TO EXPEDITE THE HEARING IS GRANTED, THE COURT SUGGESTS THAT THE FOLLOWING TIME LINES APPLY: 1) The appellants’ factums, record and book of authorities to be served and filed by June 6, 2008; 2) Any applications for leave to intervene to be served and filed by June 6, 2008; 3) The respondents’ factums, records and books of authorities to be served and filed by June 10, 2008; 4) The interveners’ factums to be served and filed by June 10, 2008. 5) The reply factum, if permitted by rules 29(3) and 35(4), to be served and filed by June 12, 2008. 6) The appeal to be heard on June 17, 2008 at 9:30 a.m. The appellants to share 1 hour for oral argument and the respondents to share 1 hour for oral argument. Any intervener permitted to make oral argument shall have 10 minutes to do so. Granted |
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2008-05-26 | Submission of motion for directions, CJ Bi LeB De F Abe Cha | |
2008-05-26 | Reply to motion for directions, (Letter Form), from Guy Du Pont by e-mail dated May 26/08, Completed on: 2008-05-26 | BCE Inc. |
2008-05-26 | Response to motion for directions, from Robert Tessier by e-mail and by fax dated May 26/08 (re: CIBC Mellon), Completed on: 2008-05-26 | Computershare Trust Company of Canada |
2008-05-26 | Response to motion for directions, (Letter Form), from Robert Tessier by e-mail and by fax dated May 26/08 (re: Computershare), Completed on: 2008-05-26 | Computershare Trust Company of Canada |
2008-05-26 | Correspondence received from, Markus Koehnen by e-mail dated May 26/08 re: his response to the motion contains confidential information | A Group of 1997 Debentureholders composed of: Addenda Capital Management Inc., Manulife Financial Corporation, Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc. |
2008-05-26 | Response to motion for directions, (bookform not accessible to the public) (public version filed by e-mail available), Completed on: 2008-05-26 | A Group of 1997 Debentureholders composed of: Addenda Capital Management Inc., Manulife Financial Corporation, Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc. |
2008-05-26 | Response to motion for directions, (bookform), Completed on: 2008-05-26 | A Group of 1976 Debentureholders composed of: Aegon Capital Management Inc., Addenda Capital Inc., Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc., |
2008-05-26 | Response to motion for directions, (Letter Form), from James A. Woods and Benjamin Zarnett dated May 26/08 re: Purchaser supports the applicants (by fax and e-mail), Completed on: 2008-05-26 | 6796508 Canada Inc. |
2008-05-23 | Correspondence received from, Avram Fishman by e-mail dated May 23/08 re: will file a response to the motion | A Group of 1976 Debentureholders composed of: Aegon Capital Management Inc., Addenda Capital Inc., Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc., |
2008-05-23 | Affidavit, (original copy) of Michel Lalande included in the motion for directions filed May 22/08 | BCE Inc. |
2008-05-22 | Correspondence received from, Guy Du Pont dated May 22/08 to the registrar re: urgency of the matter | BCE Inc. |
2008-05-22 | Supplemental document, Materials in support of Motion Vol. I & II | BCE Inc. |
2008-05-22 | Motion for directions, and expedited process (part of motion filed by e-mail one hour before paper copies), Completed on: 2008-05-22 | BCE Inc. |
2008-04-16 | Correspondence (sent by the Court) to, the parties re: the Court will take no action until issuance of the decision of the Court of Appeal of Quebec | |
2008-04-16 | Correspondence received from, Avram Fishman by e-mail dated Apr. 16/08 in response to Mr. Du Pont's letter of Apr. 15/08 (original rec'd Apr. 17/08) | A Group of 1976 Debentureholders composed of: Aegon Capital Management Inc., Addenda Capital Inc., Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc., |
2008-04-15 | Correspondence received from, Guy Du Pont by e-mail dated Apr. 15/08 in response to Mr. Fishman's letter of Apr. 14/08 and Mr. Koehnen's letter of Apr. 15/05 (original rec'd Apr. 16/08) | BCE Inc. |
2008-04-15 | Correspondence received from, Markus Koehnen by e-mail dated Apr. 15/08 in response to Mr. Du Pont's letter of Apr. 11/08 | A Group of 1997 Debentureholders composed of: Addenda Capital Management Inc., Manulife Financial Corporation, Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc. |
2008-04-14 | Correspondence received from, Avram Fishman by e-mail dated Apr. 14/08 in response to Mr. Du Pont's letter of Apr. 11/08 (original rec'd Apr. 15/08) | A Group of 1976 Debentureholders composed of: Aegon Capital Management Inc., Addenda Capital Inc., Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc., |
2008-04-11 | Correspondence received from, Guy Du Pont by e-mail dated Apr. 11/08 with attachments being a draft copy of the motion for Directions and Expedited Process and 5 judgments dated March 7, 2008 of the Superior Court of Quebec (original rec'd Apr. 14/08) | BCE Inc. |
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 |
---|---|---|
BCE Inc. | Appellant / Respondent on cross-appeal | Active |
Bell Canada | Appellant / Respondent on cross-appeal | Active |
v.
Name | Role | Status |
---|---|---|
A Group of 1976 Debentureholders composed of: Aegon Capital Management Inc., Addenda Capital Inc., Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc., | Respondent / Appellant on cross-appeal | Active |
Her Majesty the Queen in Right of Alberta, as Represented by the Minister of Finance, Manitoba Civil Service Superannuation Board, TD Asset Management Inc. and Manulife Financial Corporation | Respondent / Appellant on cross-appeal | Active |
A Group of 1996 Debentureholders composed of: Aegon Capital Management Inc., Addenda Capital Inc., Phillips, Hager & North Investment Management Ltd., Sun Life Insurance (Canada) Limited, CIBC Global Asset Management Inc. | Respondent / Appellant on cross-appeal | Active |
Manitoba Civil Service Superannuation Board and TD Asset Management Inc. | Respondent / Appellant on cross-appeal | Active |
A Group of 1997 Debentureholders composed of: Addenda Capital Management Inc., Manulife Financial Corporation, Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc. | Respondent / Appellant on cross-appeal | Active |
Her Majesty the Queen in Right of Alberta, as Represented by the Minister of Finance, Wawanesa Life Insurance Company, TD Asset Management Inc., Franklin Templeton Investments Corp. and Barclays Global Investors Canada Limited | Respondent / Appellant on cross-appeal | Active |
Computershare Trust Company of Canada | Respondent | Active |
CIBC Mellon Trust Company | Respondent | Active |
And Between
Name | Role | Status |
---|---|---|
6796508 Canada Inc. | Appellant / Respondent on cross-appeal | Active |
v.
Name | Role | Status |
---|---|---|
A Group of 1976 Debentureholders composed of: Aegon Capital Management Inc., Addenda Capital Inc., Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc., | Respondent / Appellant on cross-appeal | Active |
Her Majesty the Queen in Right of Alberta, as Represented by the Minister of Finance, Manitoba Civil Service Superannuation Board, TD Asset Management Inc. and Manulife Financial Corporation | Respondent / Appellant on cross-appeal | Active |
A Group of 1996 Debentureholders composed of: Aegon Capital Management Inc., Addenda Capital Inc., Phillips, Hager & North Investment Management Ltd., Sun Life Insurance (Canada) Limited, CIBC Global Asset Management Inc. | Respondent / Appellant on cross-appeal | Active |
Manitoba Civil Service Superannuation Board and TD Asset Management Inc. | Respondent / Appellant on cross-appeal | Active |
A Group of 1997 Debentureholders composed of: Addenda Capital Management Inc., Manulife Financial Corporation, Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc. | Respondent / Appellant on cross-appeal | Active |
Her Majesty the Queen in Right of Alberta, as Represented by the Minister of Finance, Wawanesa Life Insurance Company, TD Asset Management Inc., Franklin Templeton Investments Corp. and Barclays Global Investors Canada Limited | Respondent / Appellant on cross-appeal | Active |
Computershare Trust Company of Canada | Respondent | Active |
Other parties
Name | Role | Status |
---|---|---|
Director Appointed Pursuant to the CBCA | Intervener | Active |
Catalyst Asset Management Inc. | Intervener | Active |
Stewart, Matthew | Intervener | Active |
Counsel
Party: BCE Inc.
Counsel
William Brock
Kent E. Thompson
Pierre Bienvenu (Ogilvie Renault)
Steve Tenai (Ogilvie Renault)
26e étage
1501, avenue McGill College
Montréal, Quebec
H3A 3N9
Telephone: (514) 841-6406
FAX: (514) 841-6499
Email: gdupont@dwpv.com
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: Bell Canada
Counsel
James Doris
Louis-Martin O'Neill
26e étage
1501, avenue McGill College
Montréal, Quebec
H3A 3N9
Telephone: (514) 841-6406
FAX: (514) 841-6499
Email: gdupont@dwpv.com
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: 6796508 Canada Inc.
Counsel
Christopher L. Richter
Benjamin Zarnett
Jessica A. Kimmel
1700 - 2000 McGill College Avenue
Montreal, Quebec
H3A 3H3
Telephone: (514) 982-4545
FAX: (514) 284-2046
Email: jwoods@woods.qc.ca
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Party: A Group of 1976 Debentureholders composed of: Aegon Capital Management Inc., Addenda Capital Inc., Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc.,
Counsel
Mark E. Meland
John L. Finnigan
John T. Porter
1250 René-Lévesque Blvd. West, Suite 4100
Montréal, Quebec
H3B 4W8
Telephone: (514) 932-4100 Ext: 215
FAX: (514) 932-4170
Email: afishman@ffmp.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Her Majesty the Queen in Right of Alberta, as Represented by the Minister of Finance, Manitoba Civil Service Superannuation Board, TD Asset Management Inc. and Manulife Financial Corporation
Counsel
Mark E. Meland
1250 René-Lévesque Blvd. West, Suite 4100
Montréal, Quebec
H3B 4W8
Telephone: (514) 932-4100 Ext: 215
FAX: (514) 932-4170
Email: afishman@ffmp.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: A Group of 1996 Debentureholders composed of: Aegon Capital Management Inc., Addenda Capital Inc., Phillips, Hager & North Investment Management Ltd., Sun Life Insurance (Canada) Limited, CIBC Global Asset Management Inc.
Counsel
Mark E. Meland
1250 René-Lévesque Blvd. West, Suite 4100
Montréal, Quebec
H3B 4W8
Telephone: (514) 932-4100 Ext: 215
FAX: (514) 932-4170
Email: afishman@ffmp.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Manitoba Civil Service Superannuation Board and TD Asset Management Inc.
Counsel
Mark E. Meland
1250 René-Lévesque Blvd. West, Suite 4100
Montréal, Quebec
H3B 4W8
Telephone: (514) 932-4100 Ext: 215
FAX: (514) 932-4170
Email: afishman@ffmp.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: A Group of 1997 Debentureholders composed of: Addenda Capital Management Inc., Manulife Financial Corporation, Phillips, Hager & North Investment Management Ltd., Sun Life Assurance Company of Canada, CIBC Global Asset Management Inc.
Counsel
Paul G. Macdonald
Max Mendelsohn
Julien Brazeau
Erin Cowling
BCE Place, Suite 4400, 181 Bay St.
Bay Wellington Tower
Toronto, Ontario
M5J 2T3
Telephone: (416) 865-7218
FAX: (416) 865-7048
Email: markus.koehnen@mcmbm.com
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Her Majesty the Queen in Right of Alberta, as Represented by the Minister of Finance, Wawanesa Life Insurance Company, TD Asset Management Inc., Franklin Templeton Investments Corp. and Barclays Global Investors Canada Limited
Counsel
Paul G. Macdonald
Max Mendelsohn
BCE Place, Suite 4400, 181 Bay St.
Bay Wellington Tower
Toronto, Ontario
M5J 2T3
Telephone: (416) 865-7218
FAX: (416) 865-7048
Email: markus.koehnen@mcmbm.com
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Computershare Trust Company of Canada
Counsel
Ronald M. Auclair
CIBC Tower, 31st Floor
1155 René-Lévesque Blvd. West
Montreal, Quebec
H3B 3S6
Telephone: (514) 875-5210
FAX: (514) 875-4308
Email: rtessier@millerthomsonpouliot.com
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: CIBC Mellon Trust Company
Counsel
CIBC Tower, 31st Floor
1155 René-Lévesque Blvd. West
Montreal, Quebec
H3B 3S6
Telephone: (514) 875-5210
FAX: (514) 875-4308
Email: rtessier@millerthomsonpouliot.com
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Director Appointed Pursuant to the CBCA
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: Catalyst Asset Management Inc.
Counsel
Kanata, Ontario
K2M 2C3
Telephone: (613) 599-5345
FAX: (613) 248-5175
Email: ctacit@tacitlaw.com
Party: Stewart, Matthew
Counsel
Gerald N. Apostolatos
Tour Scotia, 28e étage
1002, rue Sherbrooke Ouest
Montréal, Quebec
H3A 3L6
Telephone: (514) 282-7825
FAX: (514) 845-6573
Email: raynold.langlois@lkd.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.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.
Commercial law - Corporations - Court approved arrangement under s. 192(f.1) of the Canada Business Corporation Act, R.S.C. 1985, c. C-44 - What duties do directors owe to creditors, shareholders and other corporate stakeholders when considering a change of control transaction - What is the test for determining whether a plan of arrangement is fair and reasonable in circumstances where the proposed plan does not alter or arrange the rights of creditors, but may affect their economic interest - What standard of review applies to a trial judge’s finding that an arrangement is fair and reasonable - Peoples Department Stores Inc. (Trustee of) v. Wise, [2004] 3 S.C.R. 461.
BCE is a public company held by 600 000 shareholders. It has owned Bell Canada since a plan of arrangement under the Canada Business Corporations Act, R.S.C. 1985, c. C-44 (“CBCA”) was approved in 1983. The dispute involves debentures issued by Bell Canada under three separate trust indentures.
On June 30, 2007, BCE entered into a definitive agreement with the Teachers Group. The agreement has been approved by BCE’s shareholders and should close on June 30, 2008. Pursuant to s. 192 CBCA, this “Proposed Arrangement” must be approved by the Superior Court. Accordingly, BCE filed a motion for interim and final orders to have the plan approved. Some of the debenture holders filed contestations under s. 192 CBCA alleging that the proposed plan adversely affected their interests. They also filed, ex abundante cautela, two motions for oppression remedies (s. 241 CBCA). Finally they filed two motions seeking a declaration that, in light of the words “reorganization or reconstruction” found in the trust indentures, a section of their trust indentures would apply and give their trustees a right of approval of the transaction.
The Superior Court (Silcoff J.) dismissed the contestations and approved the plan of arrangement. Silcoff J. also dismissed the motions for oppression remedies. Finally, he declared that the proposed transaction did not constitute a “reorganization or reconstruction” of Bell Canada as these terms are understood, notably in the CBCA.
The debenture holders appealed the five judgments of the Superior Court. The Court of Appeal allowed the appeals relating to the approval of the plan of arrangement on the ground that BCE had not shown that the plan was fair and reasonable given the circumstances. With respect to the declaratory proceedings, the court confirmed that the words “reorganization or reconstruction” had been correctly interpreted by Silcoff J., but had to allow the appeals to correct a formal mistake in the formal order. As for the motions for oppression remedies, the court ruled that while the debenture holders would have standing as “security holders” to institute oppression proceedings under s. 241 of the CBCA, such remedy was no longer relevant since the plan was refused.
Lower court rulings
Superior Court of Quebec
500-11-031130-079
see file
Court of Appeal of Quebec (Montréal)
500-09-018522-086, 500-09-018523-084, 500-09-018524-082, 500-09-018525-089, 500-09-018526-087, 500-09-018527-085
see file
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