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.
33876
Halifax Regional Municipality v. Her Majesty the Queen in Right of Canada, as represented by the Minister of Public Works and Government Services
(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) |
|---|---|---|
| 2012-06-29 | Appeal closed | |
| 2012-06-29 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-06-29 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-06-15 |
Judgment on the appeal rendered, CJ LeB De F Abe Ro Cro Mo Ka, The appeal from the judgment of the Federal Court of Appeal, Number A-348-09, 2010 FCA 196, dated July 21, 2010, heard on December 12, 2011, is allowed and the matter is remitted to the Minister for redetermination. Costs are awarded to the appellant throughout. Allowed, with costs |
|
| 2012-01-03 | Transcript received, (79 pages) | |
| 2011-12-12 | Judgment reserved OR rendered with reasons to follow | |
| 2011-12-12 | Intervener's condensed book, Submitted in Court (14 copies) | City of Quebec |
| 2011-12-12 | Intervener's condensed book, Submitted in Court (14 copies) | Association of Canadian Port Authorities |
| 2011-12-12 | Intervener's condensed book, Submitted in Court (14 copies) | Federation of Canadian Municipalities |
| 2011-12-12 | Intervener's condensed book, Submitted in Court (14 copies) | City of Toronto |
| 2011-12-12 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen in Right of Canada, as represented by the Minister of Public Works and Government Services |
| 2011-12-12 | Appellant's condensed book, Submitted in Court (14 copies) | Halifax Regional Municipality |
| 2011-12-12 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2011-12-12 |
Hearing of the appeal, 2011-12-12, CJ LeB De F Abe Ro Cro Mo Ka Judgment reserved |
|
| 2011-12-07 | Correspondence received from, McMillan by mail, re.: request for 1 reserved seat at the hearing | Federation of Canadian Municipalities |
| 2011-12-05 | Order on motion to strike out, (BY LEBEL J.) | |
| 2011-12-05 |
Decision on motion to strike out, LeB, UPON APPLICATION by the respondent, Her Majesty the Queen in Right of Canada, for an order striking out the documents inserted at tab 7 to 10 of the book of authorities as well as paragraphs 10, 14, 28 and 31(a) from the factum of the intervener, the City of Quebec; IT IS HEREBY ORDERED THAT: 1) The motion is dismissed without costs. Dismissed, without costs |
|
| 2011-12-05 | Correspondence received from, R. Leblanc by fax, re.: request for 6 reserved seats at the hearing | Her Majesty the Queen in Right of Canada, as represented by the Minister of Public Works and Government Services |
| 2011-12-01 | Submission of motion to strike out, LeB | |
| 2011-11-29 | Reply to motion to strike out, (Letter Form), Completed on: 2011-11-29 | Her Majesty the Queen in Right of Canada, as represented by the Minister of Public Works and Government Services |
| 2011-11-28 | Notice of appearance, Harley Harris and Michael Robson will be present at the hearing. | Association of Canadian Port Authorities |
| 2011-11-25 | Notice of appearance, Marie-France Major will be present at the hearing. | Federation of Canadian Municipalities |
| 2011-11-25 | Notice of appearance, Ginette Gobeil and René LeBlanc will be present at the hearing. | Her Majesty the Queen in Right of Canada, as represented by the Minister of Public Works and Government Services |
| 2011-11-25 | Response to motion to strike out, Completed on: 2011-11-25 | City of Quebec |
| 2011-11-25 | Response to motion to strike out, (Letter Form), From: Daniel M. Campbell dated Nov 25, 2011, Completed on: 2011-11-25 | Halifax Regional Municipality |
| 2011-11-23 | Notice of appearance, Diana Dimmer and Angus MacKay will be present at the hearing. | City of Toronto |
| 2011-11-21 | Notice of appearance, Daniel M. Campbell and Joseph F. Burke will be present at hearing | Halifax Regional Municipality |
| 2011-11-18 | Correspondence received from, Noël et Ass. by fax, re.: request for 2 reserved seats at the hearing | City of Quebec |
| 2011-11-18 | Notice of appearance, Richard Grondin and Éric Boisvert will be present at the hearing. | City of Quebec |
| 2011-11-17 | Motion to strike out, the documents in tabs 6,7,9 of the book of authorities filed by the Intervener, City of Quebec, and paragraphs, 10, 14, 28 and 31(a) from the factum of the said intervener. (Book form), Completed on: 2011-11-22 | Her Majesty the Queen in Right of Canada, as represented by the Minister of Public Works and Government Services |
| 2011-11-04 |
Order by, LeB, FURTHER TO THE ORDERS dated July 19 and September 1, 2011, granting leave to intervene to the City of Toronto, the Federation of Canadian Municipalities, the Association of Canadian Port Authorities and the City of Quebec; IT IS HEREBY FURTHER ORDERED THAT the interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal. Granted |
|
| 2011-10-27 | Intervener's book of authorities, Completed on: 2011-10-27 | City of Quebec |
| 2011-10-27 | Intervener's factum, Completed on: 2011-10-27 | City of Quebec |
| 2011-09-16 | Correspondence received from, (Letter Form), D. Dimmer, dated September 9, 2011 re: interverner's factum | City of Toronto |
| 2011-09-16 | Response to the motion for leave to intervene, (Letter Form), from Diana W. Dimmer dated Aug. 19/11 (original rec'd Aug 25/11), Completed on: 2011-08-25 | City of Toronto |
| 2011-09-13 | Intervener's book of authorities, Completed on: 2011-09-13 | Association of Canadian Port Authorities |
| 2011-09-13 | Intervener's factum, Completed on: 2011-09-13 | Association of Canadian Port Authorities |
| 2011-09-13 | Intervener's book of authorities, Completed on: 2011-09-13 | Federation of Canadian Municipalities |
| 2011-09-13 | Intervener's factum, (cd rec'd Sept.14/11), Completed on: 2011-09-13 | Federation of Canadian Municipalities |
| 2011-09-13 | Intervener's book of authorities, Completed on: 2011-09-13 | City of Toronto |
| 2011-09-13 | Intervener's factum, Completed on: 2011-09-13 | City of Toronto |
| 2011-09-01 | Order on motion for leave to intervene, (BY LEBEL J.) | |
| 2011-09-01 |
Decision on the motion for leave to intervene, LeB, UPON APPLICATION by the City of Quebec for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time to apply for leave to intervene and for leave to intervene of the City of Quebec is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The intervener 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 intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention. Granted |
|
| 2011-09-01 | Submission of motion for leave to intervene, LeB | |
| 2011-08-30 | Response to the motion for leave to intervene, (Letter Form), from René Leblanc dated Aug. 30/11, Completed on: 2011-08-30 | Her Majesty the Queen in Right of Canada, as represented by the Minister of Public Works and Government Services |
| 2011-08-29 | Notice of hearing sent to parties | |
| 2011-08-25 | Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated Aug. 24/11 (by City of Quebec), Completed on: 2011-08-25 | Halifax Regional Municipality |
| 2011-08-18 | Motion for leave to intervene, Motion for extension of time included, Completed on: 2011-08-18 | City of Quebec |
| 2011-07-22 | Appeal perfected for hearing | |
| 2011-07-22 |
Appeal hearing scheduled, 2011-12-12, (start time 9:00am) Judgment reserved |
|
| 2011-07-21 | Respondent's record, Completed on: 2011-07-21 | Her Majesty the Queen in Right of Canada, as represented by the Minister of Public Works and Government Services |
| 2011-07-21 | Respondent's book of authorities, Completed on: 2011-07-21 | Her Majesty the Queen in Right of Canada, as represented by the Minister of Public Works and Government Services |
| 2011-07-21 | Respondent's factum, Completed on: 2011-07-21 | Her Majesty the Queen in Right of Canada, as represented by the Minister of Public Works and Government Services |
| 2011-07-21 | Correspondence received from, Daniel M. Campbell dated July 7, 2011. Re: Three revised pages from the decision of the Federal Court of Appeal included in the Appellants's record, volume 1. (Sent to the Court on July 21, 2011) | Halifax Regional Municipality |
| 2011-07-19 | Order on motion for leave to intervene, (BY LEBEL J.) | |
| 2011-07-19 |
Decision on the motion for leave to intervene, LeB, UPON APPLICATIONS by the City of Toronto, the Federation of Canadian Municipalities and the Association of Canadian Port Authorities for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the City of Toronto, the Federation of Canadian Municipalities and the Association of Canadian Port Authorities are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length. The request to present oral argument is 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 respondent any additional disbursements occasioned to the appellant and respondent by their intervention Granted |
|
| 2011-07-19 | Submission of motion for leave to intervene, LeB | |
| 2011-07-11 | Response to the motion for leave to intervene, (Letter Form), from Daniel M. Campbell, Q.C. dated July 11/11 (by all interveners), Completed on: 2011-07-11 | Halifax Regional Municipality |
| 2011-07-08 | Response to the motion for leave to intervene, (Letter Form), (motion by Association of Canadian Port Authorities-original rec'd July 11/11 ), Completed on: 2011-07-08 | Her Majesty the Queen in Right of Canada, as represented by the Minister of Public Works and Government Services |
| 2011-07-08 | Response to the motion for leave to intervene, (Letter Form), (motion by Federation of Canadian Municipalities-original rec'd July 11/11), Completed on: 2011-07-08 | Her Majesty the Queen in Right of Canada, as represented by the Minister of Public Works and Government Services |
| 2011-06-30 | Motion for leave to intervene, Completed on: 2011-06-30 | Association of Canadian Port Authorities |
| 2011-06-29 | Motion for leave to intervene, Completed on: 2011-06-29 | Federation of Canadian Municipalities |
| 2011-06-23 | Response to the motion for leave to intervene, (Letter Form), from René LeBlanc dated June 23/11 (by City of Toronto), Completed on: 2011-06-23 | Her Majesty the Queen in Right of Canada, as represented by the Minister of Public Works and Government Services |
| 2011-06-20 | Motion for leave to intervene, (bookform), Completed on: 2011-06-20 | City of Toronto |
| 2011-06-02 | Appellant's book of authorities, Completed on: 2011-06-02 | Halifax Regional Municipality |
| 2011-06-02 | Appellant's factum, Completed on: 2011-06-02 | Halifax Regional Municipality |
| 2011-05-26 | Appellant's record, (3 volumes), Completed on: 2011-05-26 | Halifax Regional Municipality |
| 2011-04-20 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2011-03-11 | Notice of appeal, Completed on: 2011-03-11 | Halifax Regional Municipality |
| 2011-02-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-02-25 | Judgment on leave sent to the parties | |
| 2011-02-24 |
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-348-09, 2010 FCA 196, dated July 21, 2010, is granted with costs in the cause. Granted, with costs |
|
| 2011-01-24 | All materials on application for leave submitted to the Judges, Bi F Ro | |
| 2010-11-05 | Applicant's reply to respondent's argument, Completed on: 2010-11-05 | Halifax Regional Municipality |
| 2010-10-27 | Respondent's response on the application for leave to appeal, Completed on: 2010-10-27 | Her Majesty the Queen in Right of Canada, as represented by the Minister of Public Works and Government Services |
| 2010-09-29 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2010-09-28 | Application for leave to appeal, Completed on: 2010-09-28 | Halifax Regional Municipality |
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 |
|---|---|---|
| Halifax Regional Municipality | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of Canada, as represented by the Minister of Public Works and Government Services | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| City of Toronto | Intervener | Active |
| Federation of Canadian Municipalities | Intervener | Active |
| Association of Canadian Port Authorities | Intervener | Active |
| City of Quebec | Intervener | Active |
Counsel
Party: Halifax Regional Municipality
Counsel
Joseph F. Burke
1100 - 1959 Upper Water Street
Halifax, Nova Scotia
B3J 3N2
Telephone: (902) 421-6262
FAX: (902) 421-3130
Email: dmcampbell@coxandpalmer.com
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 in Right of Canada, as represented by the Minister of Public Works and Government Services
Counsel
Ginette Gobeil
Ministère de la Justice Canada
284, rue Wellington - 2e étage - SAT 6050
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4657
FAX: (613) 952-6006
Email: rene.leblanc@justice.gc.ca
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: City of Toronto
Counsel
Angus MacKay
55 John Street Metro Hall
26th Floor
Toronto, Ontario
M5V 3C6
Telephone: (416) 392-7229
FAX: (416) 392-1199
Email: ddimmer@toronto.ca
Agent
50 O'Connor Street, Suite 1625
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: mchambers@macorlaw.com
Party: Federation of Canadian Municipalities
Counsel
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: marie-france.major@mcmillan.ca
Party: Association of Canadian Port Authorities
Counsel
Michael F. Robson
2900 - 595 Burrard Street
P.O. Box 49130, Three Bentall Centre
Vancouver, British Columbia
V7X 1J5
Telephone: (604) 688-0401
FAX: (604) 688-2827
Email: hharris@owenbird.com
Agent
1111 Prince of Wales Drive
Suite 401
Ottawa, Ontario
K2C 3T2
Telephone: (613) 569-8558
FAX: (613) 569-8668
Email: cbaxter@cwcb-law.com
Party: City of Quebec
Counsel
Éric Boisvert
2, rue des Jardins
Bureau 207
Québec, Quebec
G1R 4S9
Telephone: (418) 641-6411
FAX: (418) 641-6353
Email: richard.grondin@ville.quebec.qc.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.
Administrative law – Judicial review – Municipal law – Taxation – Real property tax – Payments made by Federal Crown in lieu of real property tax – Assessed value of Halifax Citadel – Whether the Federal Court of Appeal erred in holding that the Minister is unconstrained by the assessed value of the property determined by the assessment authority in determining the property value of a federal property for purposes of the PILT Act – Whether the Federal Court of Appeal erred in holding that the Minister acted reasonably in determining the property value of the Halifax Citadel lands (adopting the determination of the Dispute Advisory Panel appointed under the Act), and in particular in valuing the portion of the lands upon which are located improvements which are exempt from payments in lieu of taxes, representing 47 of 49 acres of the site, at $10 – Whether the Court should consider the present case as it raises similar issues as Montréal (City) v. Montréal Port Authority 2010 SCC 14, [2010] 1 S.C.R. 427, but from the perspective of assessed value – Payments in Lieu of Taxes Act, R.S.C. 1985, c. M-13.
The issue in this case stems from the determination of the value of the Halifax Citadel for purposes of federal payments in lieu of taxes pursuant to the Payments in Lieu of Taxes Act, R.S.C. 1985, c. M-13 (“PILT Act”). The Citadel is a national historic site and is zoned as a regional park. In this case, the Minister had adopted the assessment of the value of the Citadel contained in the Report of a Dispute Advisory Panel appointed under the PILT Act when a taxing authority disagrees with the Minister’s assessment of the value of federal property.
The Federal Court granted an application for judicial review to the Applicant, Halifax Regional Municipality and the Minister’s decision denying Halifax’s application was quashed and the matter was remitted to the Minister for a new determination in accordance with the reasons provided.
The Federal Court of Appeal allowed the Minister’s appeal with respect to the valuation of the land at the Citadel, and to that extent, set aside the Application Judge’s order and dismissed Halifax’s application for judicial review. The Federal Court of Appeal dismissed the Minister’s appeal with respect to the valuation of the casemates and demi-casemates and to that extent, affirmed the Application Judge’s order.
Lower court rulings
Federal Court
T-215-08, 2009 FC 670
Application for judicial review granted and Minister's decision denying Halifax's application quashed; matter remitted to Minister for new determination.
Federal Court of Appeal
A-348-09, 2010 FCA 196
Minister's appeal with respect to valuation of land allowed; Minister's appeal with respect to the valuation of the casemates and demi-casemates 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