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.
38104
City of Burnaby v. Trans Mountain Pipeline ULC, et al.
(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) |
---|---|---|
2018-09-05 | Close file on Leave | |
2018-08-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
2018-08-24 | Judgment on leave sent to the parties | |
2018-08-23 |
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 18-A-9, dated March 23, 2018, is dismissed with costs to the respondents, the Trans Mountain Pipeline ULC and the Attorney General of Alberta. Dismissed, with costs |
|
2018-07-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
2018-06-21 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-06-21 | City of Burnaby |
2018-06-14 | Certificate (on limitations to public access), (Letter Form) | Trans Mountain Pipeline ULC |
2018-06-14 | Notice of name, (Letter Form) | Trans Mountain Pipeline ULC |
2018-06-14 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-06-14 | Trans Mountain Pipeline ULC |
2018-06-14 | Certificate (on limitations to public access), (Letter Form) | Attorney General for Saskatchewan |
2018-06-14 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2018-06-14 | Attorney General for Saskatchewan |
2018-06-13 | Certificate (on limitations to public access), (Letter Form) | Attorney General of Alberta |
2018-06-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-06-13 | Attorney General of Alberta |
2018-05-25 | Respondent's response on the application for leave to appeal, (Letter Form), takes no position, Completed on: 2018-05-25 | National Energy Board |
2018-05-16 | Notice of name, (Letter Form) | City of Burnaby |
2018-05-15 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2018/05/15 | |
2018-05-09 | Certificate (on limitations to public access) | City of Burnaby |
2018-05-09 | Application for leave to appeal, (Book Form), Notice of Name missing-rec'd 2018/05/16, Completed on: 2018-05-16 | City of Burnaby |
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 |
---|---|---|
City of Burnaby | Applicant | Active |
v.
Name | Role | Status |
---|---|---|
Trans Mountain Pipeline ULC | Respondent | Active |
National Energy Board | Respondent | Active |
Attorney General for Saskatchewan | Respondent | Active |
Attorney General of Alberta | Respondent | Active |
Attorney General of British Columbia | Respondent | Active |
Counsel
Party: City of Burnaby
Counsel
Jamie Arbeau
221 West Esplanade
Suite 500
North Vancouver, British Columbia
V7M 3J3
Telephone: (604) 988-5201
FAX: (604) 988-1452
Email: gmcdade@ratcliff.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Trans Mountain Pipeline ULC
Counsel
Olivia Dixon
Sean Sutherland
Suite 2500, Trans Canada Tower
450 - 1st Street S.W.
Calgary, Alberta
T2P 5H1
Telephone: (403) 260-7003
FAX: (403) 260-7024
Email: mkilloran@osler.com
Agent
Suite 1900
340 Albert Street
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: glangen@osler.com
Party: National Energy Board
Counsel
Suite 210, 517 Tenth Avenue SW
Calgary, Alberta
T2R 0A8
Telephone: (403) 292-6495
Email: paul.johnston@neb-one.gc.ca
Party: Attorney General for Saskatchewan
Counsel
Mitch McAdam, Q.C.
Katherine Roy
1874 Scarth St - 8th Floor
PO Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-6307
FAX: (306) 787-9111
Email: Tom.irvine@gov.sk.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Attorney General of Alberta
Counsel
4th floor, 9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-9114
FAX: (780) 425-0307
Email: lillian.riczu@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Attorney General of British Columbia
Counsel
Monique Pongracic-Speier
Suite 702, 2695 Granville Street
Vancouver, British Columbia
V6H 3H4
Telephone: (604) 569-3022 Ext: 2
FAX: (866) 591-0597
Email: trberger@ethoslaw.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Summary
Keywords
Constitutional law – Division of powers – Federal paramountcy – Interjurisdictional immunity – Jurisdiction of boards and tribunals to apply these doctrines to municipal bylaws – Can delay in an otherwise valid municipal permitting process result in findings of constitutional inapplicability of municipal bylaws because of interjurisdictional immunity or paramountcy? – Does the manner of and timing of a municipality’s processing of applications for preliminary plan approvals and tree cutting permits render the process constitutionally inapplicable or inoperable? – Does the National Energy Board have jurisdiction to make a constitutional declaration in respect of municipal bylaws in the absence of any action contrary to the National Energy Board Act? – Does the National Energy Board have jurisdiction to review municipal processes for unreasonableness or inefficiency? – National Energy Board Act, R.S.C., 1985, c. N-7, sections 12, 13, 73.
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.
The Trans Mountain expansion project includes a twinning of the existing Trans Mountain pipeline system in Alberta and B.C. with construction of new and modified facilities, including facilities in the City of Burnaby (Burnaby) where the pipeline terminates. When the project was approved in late 2016, a certificate of public convenience and necessity was issued by the National Energy Board (the Board) and was subject to conditions including a requirement that Trans Mountain Pipeline ULC (Trans Mountain) comply with all of the conditions, unless the Board otherwise directs. The Board had authorized the terminal work in Burnaby and, in order to proceed, Trans Mountain sought approval from Burnaby by submitting four preliminary planning approval applications and a tree plan in June 2017. By late October, Burnaby had not decided on any of Trans Mountain’s applications and claimed they remained incomplete. The outstanding approvals prevented Trans Mountain from commencing its work. Trans Mountain therefore brought a motion to the Board seeking an order that would exempt it from compliance with Burnaby’s bylaws. The motion also included a notice of constitutional question in relation to the applicability and operability of these bylaws. The Board found that Burnaby’s bylaw review process was unreasonable, and caused unreasonable delay. It relieved Trans Mountain from obtaining preliminary plan approvals and permits under Burnaby’s tree bylaw by declaring those bylaws to be inapplicable to the pipeline work at the terminal. The Federal Court of Appeal dismissed Burnaby’s application for leave to appeal.
Lower court rulings
Federal Court of Appeal
18-A-9
City of Burnaby’s application for leave to 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.
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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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