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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.


42200

Chief Gold Commissioner of British Columbia, et al. v. Sm’ooygit Nees Hiwaas, also known as Matthew Hill, on behalf of the Smgyigyetm Gitxaala, and Gitxaala Nation, et al.

(British Columbia) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2026-02-04 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED
2026-02-03 Book of authorities, (Book Form), Incomplete, (Printed version due on 2026-02-10) Chief Gold Commissioner of British Columbia
2026-02-03 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2026-02-10) Chief Gold Commissioner of British Columbia
2026-02-03 Notice of name, (Letter Form), (Printed version due on 2026-02-10) Chief Gold Commissioner of British Columbia
2026-02-03 Application for leave to appeal, (Book Form), Missing:

- CA Orders, Incomplete, (Printed version due on 2026-02-10)
Chief Gold Commissioner of British Columbia

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

Main parties - Appellants
Name Role Status
Chief Gold Commissioner of British Columbia Applicant Active
Lieutenant Governor in Council of British Columbia, Attorney General of British Columbia, and His Majesty the King in Right of British Columbia, as represented by the Chief Gold Commissioner Applicant Active

v.

Main parties - Respondents
Name Role Status
Sm’ooygit Nees Hiwaas, also known as Matthew Hill, on behalf of the Smgyigyetm Gitxaala, and Gitxaala Nation Respondent Active
Ehattesaht First Nation and Chief Simon John in his capacity as Chief of the Ehattesaht First Nation on behalf of all members of the Ehattesaht First Nation Respondent Active
Privateer Gold Ltd. Respondent Active
Calvin Manahan, Andre Lyons, and Forest Crystals Ltd. Respondent Active

Counsel

Party: Chief Gold Commissioner of British Columbia

Counsel
Names
Leah Greathead
Sarah Bevan
Heather Cochran
Contact information
Attorney General of British Columbia
1405 Douglas Street
Victoria, British Columbia
V8W 9N7
Telephone: (250) 356-8892
FAX: (250) 356-9154
Email: leah.greathead@gov.bc.ca
Agent
Name
Michael J. Sobkin
Contact information
Michael Sobkin Law Corporation
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca

Party: Lieutenant Governor in Council of British Columbia, Attorney General of British Columbia, and His Majesty the King in Right of British Columbia, as represented by the Chief Gold Commissioner

Counsel
Names
Leah Greathead
Sarah Bevan
Heather Cochran
Contact information
Attorney General of British Columbia
1405 Douglas Street
Victoria, British Columbia
V8W 9N7
Telephone: (250) 356-8892
FAX: (250) 356-9154
Email: leah.greathead@gov.bc.ca
Agent
Name
Michael J. Sobkin
Contact information
Michael Sobkin Law Corporation
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca

Party: Sm’ooygit Nees Hiwaas, also known as Matthew Hill, on behalf of the Smgyigyetm Gitxaala, and Gitxaala Nation

Counsel
Names
Lisa C. Fong K.C.
Ruben Tillman
Contact information
NG Ariss Fong
Suite 800 - 555 West Georgia St.
Vancouver, British Columbia
V6B 1Z5
Telephone: (604) 331-1155
FAX: (604) 677-5410
Email: lisa@ngariss.com

Party: Ehattesaht First Nation and Chief Simon John in his capacity as Chief of the Ehattesaht First Nation on behalf of all members of the Ehattesaht First Nation

Counsel
Name
Lisa C. Glowacki
Contact information
Ratcliff LLP
500-221 West Esplanade
North Vancouver, British Columbia
V7M 3J3
Telephone: (604) 988-5201
FAX: (604) 988-1452
Email: lglowacki@ratcliff.com

Party: Privateer Gold Ltd.

Counsel
Name
Jonathan Williams
Contact information
Owen Bird Law Corporation
2900 - 733 Seymour Street
P.O. Box 1
Vancouver, British Columbia
V6B 0S6
Telephone: (604) 691-7562
FAX: (604) 632-4483
Email: jwilliams@owenbird.com

Party: Calvin Manahan, Andre Lyons, and Forest Crystals Ltd.

Counsel
Name
Devin Eeg
Contact information
Hunter Litigation Chambers
1040 West Georgia Street
Suite 2100
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 647-3533
Email: deeg@litigationchambers.com

Summary

Keywords

None.

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.

None.

Lower court rulings

September 26, 2023
Supreme Court of British Columbia

S219179

See file

December 5, 2025
Court of Appeal for British Columbia (Vancouver)

2025 BCCA 430

See file

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

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

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

Webcasts

Not available.

Date modified: 2026-02-05