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.
38279
City of Edmonton v. 689799 Alberta Ltd., et al.
(Alberta) (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) |
|---|---|---|
| 2018-11-15 | Close file on Leave | |
| 2018-11-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-11-09 | Judgment on leave sent to the parties | |
| 2018-11-08 |
Judgment of the Court on the application for leave to appeal, The motion to expedite the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1703-0207-AC, 2018 ABCA 212, dated June 7, 2018, is dismissed with costs in accordance with the tariff of fees and disbursements set out in Schedule B of the Rules of the Supreme Court of Canada. Dismissed, with costs |
|
| 2018-11-08 |
Decision on motion to expedite the application for leave to appeal, See judgment on application for leave to appeal. Granted |
|
| 2018-10-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-10-09 | Submission of motion to expedite the application for leave to appeal | |
| 2018-10-05 | Applicant's reply to respondent's argument, (Book Form), service missing, Completed on: 2018-10-05 | City of Edmonton |
| 2018-09-26 | Notice of name, (Letter Form) | 689799 Alberta Ltd. |
| 2018-09-26 | Certificate (on limitations to public access), (Letter Form) | 689799 Alberta Ltd. |
| 2018-09-26 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-09-26 | 689799 Alberta Ltd. |
| 2018-09-19 | Notice of name, (Letter Form) | City of Edmonton |
| 2018-09-11 | Correspondence received from, (Included in the response to the motion to expedite the application for leave to appeal), Counsel for the respondents will make best efforts to file the response to the leave application as soon as possible and, in any event, before the end of September. | 689799 Alberta Ltd. |
| 2018-09-11 | Response to the motion to expedite the application for leave to appeal, (Letter Form), Completed on: 2018-09-11 | 689799 Alberta Ltd. |
| 2018-09-11 | Motion to expedite the application for leave to appeal, (Book Form), Completed on: 2018-09-11, (Printed version filed on 2018-09-11) | City of Edmonton |
| 2018-09-10 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2018/09/10 | |
| 2018-09-06 | Certificate (on limitations to public access), (Letter Form) | City of Edmonton |
| 2018-09-06 | Application for leave to appeal, (Book Form), CA Orders missing-rec'd 2018/10/05; Notice of Name missing-rec'd 2018/09/18, Completed on: 2018-10-05 | City of Edmonton |
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 Edmonton | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| 689799 Alberta Ltd. | Respondent | Active |
| The Daniel Klemke Foundation, Daniel Klemke, KMC Mining Corporation | Respondent | Active |
Counsel
Party: City of Edmonton
Counsel
Walter A. Olinyk
9th Floor, Chancery Hall
3 Sir Winston Churchill Square
Edmonton, Alberta
T5J 2C3
Telephone: (780) 496-7200
FAX: (780) 496-7267
Email: gordon.buck@edmonton.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: 689799 Alberta Ltd.
Counsel
Kate Whittleton
600 - 12220 Stony Plain Road
Edmonton, Alberta
T5N 3Y4
Telephone: (780) 482-9200
FAX: (780) 482-9100
Email: gmclennan@mross.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: The Daniel Klemke Foundation, Daniel Klemke, KMC Mining Corporation
Counsel
Kate Whittleton
600 - 12220 Stony Plain Road
Edmonton, Alberta
T5N 3Y4
Telephone: (780) 482-9200
FAX: (780) 482-9100
Email: gmclennan@mross.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Expropriation – Administrative law – Boards and tribunals – Land Compensation Board – Civil procedure – Discovery – Production of documents – Respondents seeking production of settlement agreements between City and other airport tenants to determine value of their expropriated leasehold – City resisting production on basis of settlement privilege – Whether courts can create an exception to jurisprudence that administrative jurisdiction to abrogate privilege only arises from clear and explicit statutory language? – Whether decision-maker can decide to do so on a case-by-case basis by balancing competing interests or must it apply an established exception to privilege – Is approach to settlement privilege in Sable Offshore Energy Inc. v. Ameron International Corp., 2013 SCC 37 altered where party is a public body exercising power of expropriation?
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 City of Edmonton expropriated a certain leasehold interest in the former Hanger 30 at the Edmonton City Centre Airport registered to the respondent, 689799 Alberta Ltd. The other respondents had beneficial interests in that lease. Together, they sought compensation from the City pursuant to s. 42 of the Expropriation Act, R.S.A. 2000, c. E-13 for the expropriation of their leasehold interest. The respondents brought an application before the Alberta Land Compensation Board (“Board” or “LCB”) to compel answers to certain undertaking requests with associated document production and the City cross-applied for production of further documents. The Board ordered the City to disclose information related to leasehold properties near Hangar 30, including the settlement agreements. The City opposed production on the basis of settlement privilege. The Board ordered the City to disclose the settlement agreements and this decision was upheld on appeal.
Lower court rulings
Alberta Land Compensation Board
2017 ABLCB 9, NM2017.0002, NM2017.0003
Board ordering production of settlement agreements in related expropriation proceedings to determine valuation of subject property
Alberta Land Compensation Board
NM2017.0012, 2017 ABLCB 11
See file
Court of Appeal of Alberta (Edmonton)
2018 ABCA 212, 1703-0207-AC
Applicant’s appeal 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