Case information
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38887
Federation of British Columbia Naturalists carrying on business as BC Nature v. Attorney General of Canada, 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) |
|---|---|---|
| 2020-03-13 | Close file on Leave | |
| 2020-03-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-03-06 | Judgment on leave sent to the parties | |
| 2020-03-05 |
Judgment of the Court on the application for leave to appeal, The motion for leave to intervene by the Attorney General of Alberta is dismissed. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number 19-A-39, 2019 FCA 224, dated September 4, 2019, is dismissed with costs. Dismissed, with costs |
|
| 2020-03-05 |
Decision on motion for leave to intervene, See judgment on application. Dismissed |
|
| 2020-01-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-01-27 | Submission of motion for leave to intervene, for consideration by the Court | |
| 2020-01-20 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2020-01-20 | Federation of British Columbia Naturalists carrying on business as BC Nature |
| 2020-01-13 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-01-13 | Federation of British Columbia Naturalists carrying on business as BC Nature |
| 2020-01-10 | Response to the motion for leave to intervene, (Letter Form), Joint with 38892, 38894, 38898, 38900, Completed on: 2020-01-10 | Attorney General of Canada |
| 2020-01-09 | Notice of name, (Letter Form) | Trans Mountain Pipeline ULC |
| 2020-01-09 | Certificate (on limitations to public access), (Letter Form) | Trans Mountain Pipeline ULC |
| 2020-01-09 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-01-09 | Trans Mountain Pipeline ULC |
| 2020-01-09 | Certificate (on limitations to public access), (Letter Form) | Attorney General of Canada |
| 2020-01-09 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-01-09 | Attorney General of Canada |
| 2020-01-03 | Motion for leave to intervene, (Book Form), Joint with 38892, 38894, 38898, 38900, Completed on: 2020-01-03 | Attorney General of Alberta |
| 2019-11-21 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2019-11-21 | |
| 2019-10-30 | Notice of name, (Book Form), (Included in the application for leave to appeal) | Federation of British Columbia Naturalists carrying on business as BC Nature |
| 2019-10-30 | Certificate (on limitations to public access), (Book Form), (Included in the application for leave to appeal), 23A | Federation of British Columbia Naturalists carrying on business as BC Nature |
| 2019-10-30 | Application for leave to appeal, (Book Form), Completed on: 2019-10-30 | Federation of British Columbia Naturalists carrying on business as BC Nature |
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 |
|---|---|---|
| Federation of British Columbia Naturalists carrying on business as BC Nature | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
| Trans Mountain Pipeline ULC | Respondent | Active |
| Trans Mountain Corporation | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Alberta | Intervener | Pending |
Counsel
Party: Federation of British Columbia Naturalists carrying on business as BC Nature
Counsel
Anthony Ho
700-1175 Douglas Street
Victoria, British Columbia
V8W 2E1
Telephone: (250) 888-6074
Email: chris@tollefsonlaw.ca
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Attorney General of Canada
Counsel
Ramona Rothschild
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S0
Telephone: (604) 666-0110
FAX: (604) 666-1585
Email: jan.brongers@justice.gc.ca
Agent
50 O'Connor Street
Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.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: Trans Mountain Corporation
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: Attorney General of Alberta
Counsel
Stephanie Latimer
Jodie Hierlmeier
9th Floor Peace Hills Trust Tower
10011-109 Street
Edmonton, Alberta
T5J 3S8
Telephone: (780) 427-1295
FAX: (780) 427-1230
Email: doreen.mueller@gov.ab.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Summary
Keywords
Administrative law — Judicial review — Boards and tribunals — National Energy Board — Trans Mountain Pipeline — What legal principles should courts apply when called upon by Parliament to limit access to judicial review by means of a leave requirement — Where a leave requirement is statutorily imposed, how should courts ensure that they safeguard their supervisory function and jurisdiction as guardians of the rule of law and protectors of access to justice?
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.
By Order in Council P.C. 2019 0820 dated June 18, 2019, the federal Governor in Council approved the Trans Mountain Pipeline expansion project for the second time. Twelve sets of parties applied to the Federal Court of Appeal for leave to judicially review that decision. A single judge of the Federal Court of Appeal wrote reasons for its dismissal of six of the twelve applications for leave.
Lower court rulings
Federal Court of Appeal
19-A-35, 19-A-39
See file
Federal Court of Appeal
19-A-39, 2019 FCA 224
Six applicants granted leave for judicial review of Governor in Council approval with six other applications dismissed.
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.
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
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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
Not available