Case information
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41146
Pacific Atlantic Pipeline Construction Ltd. and Bonatti S.P.A. v. Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd.
(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) |
|---|---|---|
| 2025-01-22 | Close file on Leave | |
| 2025-01-22 |
Correspondence (sent by the Court) to, parties, RE: Certificate of Taxation |
|
| 2025-01-21 | Certificate of taxation issued to, Keith Marlowe, KC | |
| 2025-01-21 | Decision on the bill of costs, in the amount of $1,223.60, Reg | |
| 2025-01-21 | Submission of the bill of costs, Reg | |
| 2024-05-07 | Bill of costs, (Letter Form), - missing: filing fee (paid 2024-10-31), Completed on: 2024-11-01 | Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. |
| 2024-04-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-04-25 | Judgment on leave sent to the parties | |
| 2024-04-25 |
Judgment of the Court on the application for leave to appeal, The motion for an expedited stay of proceedings is dismissed with costs. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 2403-0002AC, dated February 29, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2024-03-25 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-03-21 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-03-21, (Printed version filed on 2024-03-22) | Pacific Atlantic Pipeline Construction Ltd. and Bonatti S.P.A. |
| 2024-03-18 | Notice of name, (Letter Form), (Printed version due on 2024-03-25) | Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. |
| 2024-03-18 | Certificate (on limitations to public access), (Letter Form), Amended 23A required-rec'd 03/20/2024, (Printed version due on 2024-03-25) | Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. |
| 2024-03-18 | Respondent's response on the application for leave to appeal, (Book Form), Proof of service missing - rec'd 03/20/2024, Completed on: 2024-03-20, (Printed version filed on 2024-03-21) | Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. |
| 2024-03-15 | Correspondence received from, (Letter Form), CA Order Form; CA Order will be filed on March 15, 2024., (Printed version due on 2024-03-22) | Pacific Atlantic Pipeline Construction Ltd. and Bonatti S.P.A. |
| 2024-03-12 | Supplemental document, (Book Form), CA Transcript and Judgment - Motion to Stay, (Printed version due on 2024-03-19) | Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. |
| 2024-03-12 | Correspondence received from, (Letter Form), the respondent; Transcript of Motion for Stay proceeding before the Court of Appeal, (Printed version filed on 2024-03-13) | Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. |
| 2024-03-12 |
Order issued on motion for a stay of execution, by Justice Kasirer, UPON APPLICATION of the applicants as amended for an order directing the respondent, Coastal Gaslink Pipeline Limited Partnership by its general partner Coastal Gaslink Pipeline Ltd., to pay back funds drawn on March 6, 2024 on the Irrevocable Standby Letter of Credit No. SDNRE1010170 of HSBC Canada dated January 17, 2020, to withdraw and refrain from calling on the Irrevocable Standby Letter of Credit No. SDNRE1010170 of HSBC Canada dated January 17, 2020, and to cancel the drawdown which resulted in funds being paid on March 6, 2024, pending the determination of the Application for Leave to Appeal, and if granted until the Appeal is determined. AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is referred to the Court for decision under r. 51(2)(d) and the application for leave to appeal will be dealt with on an expedited basis. The respondent shall file any Response to the application for leave to appeal by Monday, March 18, 2024. The applicants shall file any Reply by Friday, March 22, 2024. The respondent’s undertaking of March 6, 2024, to hold the sum of CAD $117,162,384.00, representing an amount equal to the funds drawn on March 6, 2024 on the Irrevocable Standby Letter of Credit No. SDNREI010170 issued by HSBC Bank Canada, dated 17 January 2020, as amended, in the respondent’s bank account into which the Letter of Credit funds were initially deposited shall continue until such time as a decision is rendered on the application for leave to appeal, or on this motion, or until further order of the Court or a judge thereof. |
|
| 2024-03-12 | Correspondence received from, (Letter Form), the respondent; letter regarding the affidavit of Lazar Sarna, (Printed version filed on 2024-03-13) | Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. |
| 2024-03-12 | Affidavit, (Letter Form), Additional affidavit in support of response to Motion to Stay., (Printed version due on 2024-03-19) | Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. |
| 2024-03-11 | Reply to motion for a stay of execution, (Book Form), Completed on: 2024-03-12, (Printed version due on 2024-03-18) | Pacific Atlantic Pipeline Construction Ltd. and Bonatti S.P.A. |
| 2024-03-11 | Notice of name, (Letter Form), (Printed version due on 2024-03-18) | Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. |
| 2024-03-11 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2024-03-18) | Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. |
| 2024-03-11 | Response to the motion for a stay of execution, (Book Form), Completed on: 2024-03-11, (Printed version due on 2024-03-18) | Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. |
| 2024-03-07 | Correspondence received from, (Letter Form), Response to the correspondence of the Respondent., (Printed version due on 2024-03-14) | Pacific Atlantic Pipeline Construction Ltd. and Bonatti S.P.A. |
| 2024-03-07 | Correspondence received from, (Letter Form), the respondents in response to the Order of Justice Kasirer., (Printed version due on 2024-03-14) | Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. |
| 2024-03-06 |
Order issued on motion for a stay of execution, by Justice Kasirer UPON APPLICATION of the applicant for an order directing the respondent, Coastal Gaslink Pipeline Limited Partnership by its general partner Coastal Gaslink Pipeline Ltd., to withdraw and refrain from calling on a letter of credit and to instruct HSBC Canada to cancel a requested draw, a restraining order prohibiting the respondent from drawing upon the line of credit pending determination of the Application for Leave to Appeal and if leave is granted until the appeal is determined and for a stay of enforcement of a decision by the Court of Appeal of Alberta dated February 29, 2024. AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The respondent shall refrain from calling on the Irrevocable Standby Letter of Credit No. SDNRE1010170 of HSBC Canada dated January 17, 2020 and shall not withdraw any requested draw or draws on the letter of credit, including on or about February 29, 2024 or March 1, 2024, pending a decision on this motion or further direction from the Court or a judge thereof. The respondent shall file any Response to this motion by no later than March 18, 2024. The applicants shall file any Reply by no later than five days after service and filing of the Response or March 22, 2024, whichever comes first. Granted |
|
| 2024-03-06 | Motion for a stay of execution, (Book Form), Amended motion served and filed 03/08/2024, Completed on: 2024-03-06, (Printed version filed on 2024-03-07) | Pacific Atlantic Pipeline Construction Ltd. and Bonatti S.P.A. |
| 2024-03-06 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File open on March 6, 2024 | |
| 2024-03-05 | Correspondence received from, (Letter Form), The applicants - Request to expedite the application, (Printed version due on 2024-03-12) | Pacific Atlantic Pipeline Construction Ltd. and Bonatti S.P.A. |
| 2024-03-04 | Notice of name, (Letter Form), (Printed version filed on 2024-03-04) | Pacific Atlantic Pipeline Construction Ltd. and Bonatti S.P.A. |
| 2024-03-04 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-03-04) | Pacific Atlantic Pipeline Construction Ltd. and Bonatti S.P.A. |
| 2024-03-04 | Application for leave to appeal, (Book Form), Missing the lower Court of appeal order (rec'd 2024-03-15) and filing fee (Rec'd 2024-03-15), Completed on: 2024-03-15, (Printed version filed on 2024-03-04) | Pacific Atlantic Pipeline Construction Ltd. and Bonatti S.P.A. |
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 |
|---|---|---|
| Pacific Atlantic Pipeline Construction Ltd. and Bonatti S.P.A. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd. | Respondent | Active |
Counsel
Party: Pacific Atlantic Pipeline Construction Ltd. and Bonatti S.P.A.
Counsel
Jessica Gahtan
Scott A. Matheson
Elisa Carbonaro
Alisha Hurley
800-141 Adelaide Street West
Toronto, Ontario
M5H 3L5
Telephone: (416) 368-8280
Email: michaelvalo@glaholt.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Coastal Gaslink Pipeline Limited Partnership, by its General Partner Coastal Gaslink Pipeline Ltd.
Counsel
Lindsay Rowell
Alyssa Duke
Laura Cundari
855 - 2nd Street SW
Suite 3500
Calgary, Alberta
T2P 4J9
Telephone: (403) 260-9632
Email: keith.marlowe@blakes.com
Summary
Keywords
Injunctions — Contract — Interlocutory injunctions — Can beneficiary of an irrevocable standby letter of credit be enjoined from drawing upon letter of credit for a reason other than fraud — If so, what standard of proof is required?
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.
Pacific Atlantic Pipeline Construction Ltd. and Bonatti S.p.A. fell into dispute with Coastal Gaslink Pipeline Ltd. regarding work they were contracted to perform in construction of a gas pipeline. Pacific Atlantic Pipeline Construction Ltd. and Bonatti S.p.A. obtained interim interim injunctions preventing Coastal Gaslink Pipeline Ltd. from drawing down $117,162,384 on a Letter of Credit they had furnished to secure performance of their work. A chambers judge denied an application for an interim injunction pending completion of mandatory arbitration. The Court of Appeal denied an appeal. The interim injunctions expired when the Court of Appeal released its judgment. Coastal Gaslink Pipeline Ltd. drew down $117,162,384 on the Letter of Credit.
Lower court rulings
Court of King’s Bench of Alberta
2303 19140
Application for interim injunction dismissed; interim interim injunction extended
Court of Appeal of Alberta (Edmonton)
2403-0002AC
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
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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
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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
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