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.
38083
Her Majesty the Queen in Right of Canada v. Alassia Newships Management Inc.
(British Columbia) (Criminal) (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) |
|---|---|---|
| 2018-11-21 | Close file on Leave | |
| 2018-11-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-11-16 | Judgment on leave sent to the parties | |
| 2018-11-15 |
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), Number CA44956, 2018 BCCA 92, dated February 26, 2018, is dismissed without costs. Dismissed, without costs |
|
| 2018-10-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-06-11 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2018-06-11 | Her Majesty the Queen in Right of Canada |
| 2018-06-04 |
Correspondence received from, Counsels for the respondent: Ravi Hira, Q.C. and Ms. Anne Amos-Stewart |
Alassia Newships Management Inc. |
| 2018-05-31 | Notice of name, (Letter Form) | Alassia Newships Management Inc. |
| 2018-05-31 | Certificate (on limitations to public access), (Letter Form) | Alassia Newships Management Inc. |
| 2018-05-31 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-05-31 | Alassia Newships Management Inc. |
| 2018-05-25 | Correspondence received from, Agent for the Respondent: Mr. Jeff Beedell. | Alassia Newships Management Inc. |
| 2018-05-01 | Letter acknowledging receipt of an incomplete application for leave to appeal, (FILE OPENED 2018-05-01) | |
| 2018-04-26 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen in Right of Canada |
| 2018-04-26 | Application for leave to appeal, (Book Form), Trial court order missing (received 2018-05-07)., Completed on: 2018-05-15 | Her Majesty the Queen in Right of Canada |
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 |
|---|---|---|
| Her Majesty the Queen in Right of Canada | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Alassia Newships Management Inc. | Respondent | Active |
Counsel
Party: Her Majesty the Queen in Right of Canada
Counsel
900-840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-5250
FAX: (604) 666-1599
Email: john.walker@ppsc-sppc.gc.ca
Agent
160 Elgin Street
12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
Party: Alassia Newships Management Inc.
Counsel
Ravi Hira, Q.C.
570 Granville Street
Suite 1500
Vancouver, British Columbia
V6C 3P1
Telephone: (604) 681-7100
FAX: (604) 681-1788
Email: amos-stewart@bernardllp.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Summary
Keywords
Criminal law – Service of process on a foreign corporation with no presence in Canada but which operates ships in Canadian waterways on behalf of ships’ owners – Whether delivery of a summons to the captain of one of the ships managed by the foreign corporation effects service on the foreign corporation – Meaning of “senior officer” of a corporation as defined in s. 2 of the Criminal Code – Whether s. 703.2 of the Criminal Code sets out the only way that service of a corporation can be effected?
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.
Alassia Newsships Management Inc. manages ships on behalf of ship owners. It has no presence in Canada. Some of the ships that it manages may enter Canadian waterways. In 2015, it was managing the Marathassa, when oil allegedly spilled from that ship into Vancouver Harbour. Two years later, a summons to appear in Provincial Court to face related charges was delivered in Canadian waters to the captain of another ship being managed by Alassia. Pursuant to the summons, counsel representing the Marathassa appeared before a Justice of the Peace. Alassia did not appear. The Justice of the Peace held that the summons had been served upon Alassia and adjourned. Alassia petitioned the Supreme Court of British Columbia for an order of certiorari quashing the proceedings for want of service and for orders of prohibition preventing further proceedings until a summons is served. The Supreme Court of British Columbia held Alassia had been served and dismissed the petition. The Court of Appeal allowed an appeal and issued orders of certiorari and prohibition.
Lower court rulings
Supreme Court of British Columbia
27253, 2017 BCSC 2181
Petition for orders of certiorari and prohibition dismissed
Court of Appeal for British Columbia (Vancouver)
CA44956, 2018 BCCA 92
Appeal allowed; orders of certiorari and prohibition granted
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