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.
40758
Xiufeng Xue v. Suncor Energy Inc., 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) |
|---|---|---|
| 2024-10-21 | Close file on Leave | |
| 2024-10-18 | Correspondence (sent by the Court) to, Re: Certificate of Taxation | |
| 2024-10-18 | Certificate of taxation issued to, Suncor Energy, et al | |
| 2024-10-18 | Decision on the bill of costs, in the amount of: $1,120.96, Reg | |
| 2024-10-18 | Submission of the bill of costs, Reg | |
| 2024-07-26 | Reconsideration not accepted for filing, Letter by the Registrar sent by email | |
| 2024-03-26 |
Letter acknowledging receipt of an incomplete motion for reconsideration, Missing: Filing fee of $75 Proof of Service: Rec'd 2024-03-28 |
|
| 2023-12-04 | Motion for reconsideration of the application for leave to appeal, (Book Form), *Under Review, Completed on: 2024-07-19 | Xiufeng Xue |
| 2023-11-15 | Bill of costs, *Under Review, Completed on: 2024-10-07 | Suncor Energy Inc. |
| 2023-11-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-11-02 | Judgment on leave sent to the parties | |
| 2023-11-02 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the applicant’s reply is granted. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 2201-0128AC, dated February 2, 2023, is dismissed with costs to Suncor Energy Inc. and CNOOC Petroleum North America ULC (formerly known as Nexen Energy). Dismissed, with costs |
|
| 2023-11-02 |
Decision on motion to extend time, See decision on application Granted |
|
| 2023-10-03 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-10-03 | Submission of motion to extend time, for consideration by the Court | |
| 2023-07-21 | Applicant's reply to respondent's argument, (Book Form), Missing proof of service (rec'd 2023-08-18), Completed on: 2023-09-29 | Xiufeng Xue |
| 2023-07-12 | Motion to extend time, (Book Form), Proof of service is missing, Completed on: 2023-07-12 | Xiufeng Xue |
| 2023-06-29 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2023-06-29) | CNOOC Petroleum North America ULC (formerly known as Nexen Energy) |
| 2023-06-29 | Notice of name, (Printed version filed on 2023-06-29) | CNOOC Petroleum North America ULC (formerly known as Nexen Energy) |
| 2023-06-29 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: -Proof of service (rec'd 2023-06-30), Completed on: 2023-06-30, (Printed version filed on 2023-06-29) |
CNOOC Petroleum North America ULC (formerly known as Nexen Energy) |
| 2023-06-28 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2023-06-29) | Suncor Energy Inc. |
| 2023-06-28 | Notice of name, (Printed version due on 2023-07-06) | Suncor Energy Inc. |
| 2023-06-28 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: -Proof of service (rec'd 2023-06-30), Completed on: 2023-06-30, (Printed version due on 2023-07-06) |
Suncor Energy Inc. |
| 2023-05-31 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2023-05-31 | |
| 2023-05-11 | Certificate (on limitations to public access) | Xiufeng Xue |
| 2023-03-23 |
Application for leave to appeal, (Book Form), Required: - Amended Cover page with correct Style of Cause (Rec'd 2023-06-05, 2023-06-26) - Proof of Service (Rec'd 2023-06-05) - Filing Fee (Rec'd 2023-06-02) , Completed on: 2023-06-08 |
Xiufeng Xue |
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 |
|---|---|---|
| Xue, Xiufeng | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Suncor Energy Inc. | Respondent | Active |
| CNOOC Petroleum North America ULC (formerly known as Nexen Energy) | Respondent | Active |
| Clear Stream Energy | Respondent | Active |
Counsel
Party: Xue, Xiufeng
This party is not represented by counsel.
Party: Suncor Energy Inc.
Counsel
Jennifer Thompson
15th Floor, 850-2nd Street SW
Calgary, Alberta
T2P 0R8
Telephone: (403) 268-3108
FAX: (403) 268-3100
Email: april.kosten@dentons.com
Agent
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9665
FAX: (613) 783-9686
Email: david.elliott@dentons.com
Party: CNOOC Petroleum North America ULC (formerly known as Nexen Energy)
Counsel
S. D. Parker
Suite 2700, Brookfield Place
225-6th Ave SW
Calgary, Alberta
T2P 1N2
Telephone: (403) 260-7000
FAX: (403) 260-7024
Email: hmaxted@osler.com
Agent
Suite 320, 100 Queen Street
Ottawa,, Ontario
K1P 1J9
Telephone: (613) 787-1102
Email: dhnatchuk@osler.com
Party: Clear Stream Energy
Counsel
Bow Valley Square 2
Suite 3500, 205 – 5 Avenue SW
Calgary, Alberta
T2P 2V7
Telephone: (587) 327-5337
Email: mdesrosiers@flintcorp.com
Summary
Keywords
Civil Procedure — Pleadings — Applicant’s amended statement of claim struck out — Applicant’s application to restore his appeal dismissed — Whether the applicant was constructively dismissed and is entitled to damages?<br>
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 applicant filed his Amended Statement of Claim (“Amended Claim”), in which he made several claims against the respondents. With respect to Suncor, the applicant alleged that he was constructively/wrongfully dismissed by Suncor and was entitled to damages. Justice Dario held that the Amended Claim should be struck out. At the Court of Appeal the applicant failed to meet mandatory filing deadlines to maintain his appeal and his appeal was accordingly struck. The applicant’s application to restore his appeal was dismissed by the Court of Appeal.
Lower court rulings
Court of Queen’s Bench of Alberta
2201-00699
Applicant’s amended statement of claim struck out with fixed costs
Court of Appeal of Alberta (Calgary)
2201-0128AC
Applicant’s application to restore appeal dismissed without costs
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