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Case information

Consult our database for details on a Supreme Court of Canada case.


42350

Board of Education of School District No. 39 (Vancouver), formerly known as The Board of School Trustees of School District No. 39 (Vancouver) v. Kingsgate Property Ltd., 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)
2026-06-16 Correspondence received from, (Letter Form), No reply to motion, (Printed version due on 2026-06-23) Kingsgate Property Ltd.
2026-06-15 Response to the motion to expedite the application for leave to appeal, (Letter Form), Completed on: 2026-06-17, (Printed version filed on 2026-06-17) Board of Education of School District No. 39 (Vancouver), formerly known as The Board of School Trustees of School District No. 39 (Vancouver)
2026-06-15 Applicant's reply to respondent's argument, (Book Form), Completed on: 2026-06-17, (Printed version filed on 2026-06-17) Board of Education of School District No. 39 (Vancouver), formerly known as The Board of School Trustees of School District No. 39 (Vancouver)
2026-06-05 Motion to expedite the application for leave to appeal, (Book Form), Completed on: 2026-06-05, (Printed version filed on 2026-06-08) Kingsgate Property Ltd.
2026-06-05 Book of authorities, (Book Form), Completed on: 2026-06-05, (Printed version filed on 2026-06-08) Kingsgate Property Ltd.
2026-06-05 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2026-06-12) Kingsgate Property Ltd.
2026-06-05 Notice of name, (Letter Form), (Printed version filed on 2026-06-08) Kingsgate Property Ltd.
2026-06-05 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2026-06-05, (Printed version filed on 2026-06-08) Kingsgate Property Ltd.
2026-05-13 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED
2026-05-11 Book of authorities, (Book Form), Completed on: 2026-05-14, (Printed version filed on 2026-05-25) Board of Education of School District No. 39 (Vancouver), formerly known as The Board of School Trustees of School District No. 39 (Vancouver)
2026-05-11 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2026-05-25) Board of Education of School District No. 39 (Vancouver), formerly known as The Board of School Trustees of School District No. 39 (Vancouver)
2026-05-11 Notice of name, (Letter Form), (Printed version filed on 2026-05-25) Board of Education of School District No. 39 (Vancouver), formerly known as The Board of School Trustees of School District No. 39 (Vancouver)
2026-05-11 Application for leave to appeal, (Book Form), Missing
Proof of Service (Rec'd 2025-05-14), Completed on: 2026-05-14, (Printed version filed on 2026-05-25)
Board of Education of School District No. 39 (Vancouver), formerly known as The Board of School Trustees of School District No. 39 (Vancouver)

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
Board of Education of School District No. 39 (Vancouver), formerly known as The Board of School Trustees of School District No. 39 (Vancouver) Applicant Active

v.

Main parties - Respondents
Name Role Status
Kingsgate Property Ltd. Respondent Active
Beedie Development LP Respondent Active

Counsel

Party: Board of Education of School District No. 39 (Vancouver), formerly known as The Board of School Trustees of School District No. 39 (Vancouver)

Counsel
Names
J. Kenneth McEwan, K.C.
Emily Kirkpatrick
Contact information
McEwan Cooper Kirkpatrick LLP
1500 – 733 Seymour Street
Vancouver, British Columbia
V6B 0S6
Telephone: (604) 283-7740
FAX: (778) 300-9393
Email: kmcewan@mcewanpartners.com
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: Kingsgate Property Ltd.

Counsel
Names
Stephen R. Schachter, K.C.
Julia K. Lockhart
Contact information
Nathanson, Schachter & Thompson LLP
750 - 900 Howe Street
Vancouver, British Columbia
V6Z 2M4
Telephone: (778) 945-1470
Email: sschachter@nst.bc.ca

Party: Beedie Development LP

Counsel
Names
Stephen R. Schachter, K.C.
Julia K. Lockhart
Contact information
Nathanson, Schachter & Thompson LLP
750 - 900 Howe Street
Vancouver, British Columbia
V6Z 2M4
Telephone: (778) 945-1470
Email: sschachter@nst.bc.ca

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

December 20, 2024
Supreme Court of British Columbia

2024 BCSC 2325

See File

March 10, 2026
Court of Appeal for British Columbia (Vancouver)

2026 BCCA 98

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 613-996-8666 or at 1-844-365-9662.

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 613-996-8666 or at 1-844-365-9662.

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 613-996-8666 or at 1-844-365-9662.

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: 2026-06-20