Docket
28227
Bell ExpressVu Limited Partnership v. Richard Rex, et al.
(British Columbia) (Civil) (By Leave)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
Date | Proceeding | Filed By (if applicable) |
---|---|---|
2003-04-23 | Appeal closed | |
2003-04-23 | Certificate of taxation issued to, to Lang, Michener | |
2003-04-17 | Decision on the bill of costs, taxed at $9,560.87, Reg, On April 26, 2002, the Court allowed the appeal with costs throughout. Having considered the Bill of Costs filed by the appellant, the objections of the respondent Mr. Rex and the reply of the appellant, the Bill of Costs is taxed as per the attached annex. As the Court allowed party and party costs, the Tariff of Fees and Disbursements applies strictly. The appellant is seeking to have the costs of all the motions and related disbursements taxed. No order as to costs were pronounced in any of these motions before a judge. Therefore they are disallowed. Part II of the Tariff provides that reasonable amounts for disbursements necessarily incurred are allowed. I find reasonable the amounts claimed by the appellant in this respect. The only disbursement disallowed under that heading is the "Corporate Searches", as searches are part of the preparation of a file and are already covered under preparation of factum. Also the amounts claimed by the agent cannot be allowed. Allowed in part |
|
2003-04-11 | Submission of the bill of costs, Reg | |
2003-01-27 | Reply to the bill of costs, (Letter Form), from W. McKenzie dated Jan. 21, 2003, Completed on: 2003-01-27 | Bell ExpressVu Limited Partnership |
2002-08-20 | Record returned to the Registrar of the Court of Appeal | |
2002-07-11 | Correspondence received from, S. Reed dated July 9, 2002 re: bill of costs | Bell ExpressVu Limited Partnership |
2002-06-26 | Appeal closed | |
2002-06-17 | Response to the bill of costs, (Letter Form), from A. Gold dated June 17, 2002 (fax copy), Completed on: 2002-06-17 | Richard Rex |
2002-06-17 | Bill of costs, Completed on: 2002-06-17 | Bell ExpressVu Limited Partnership |
2002-06-11 | Formal judgment sent to the registrar of the court of appeal and all parties | |
2002-06-11 | Formal judgment sent to the registrar of the court of appeal and all parties | |
2002-05-01 | Copy of formal judgment being prepared | |
2002-04-29 | Notice of deposit of judgment sent to all parties | |
2002-04-26 | Judgment on the appeal rendered, L'HD Ia Ma Ba Bi Arb LeB, The appeal is allowed with costs throughout. The judgment of the Court of Appeal of British Columbia is set aside. No answer is given to the constitutional questions. Allowed, costs in this Court and courts below |
|
2001-12-12 | Transcript received, (94 pages) | |
2001-12-04 | Judgment reserved OR rendered with reasons to follow | |
2001-12-04 | Hearing of the appeal, 2001-12-04, (V103/104), L'HD Ia Ma Ba Bi Arb LeB Judgment reserved |
|
2001-12-04 | Acknowledgement and consent for video taping of proceedings | |
2001-12-04 | Supplemental document, (condensed book) | Attorney General of Canada |
2001-12-03 | Appellant's condensed book, 10 copies | Bell ExpressVu Limited Partnership |
2001-11-16 | Order on motion to file a reply factum on appeal, (by the Court) | |
2001-11-16 | Order on motion to strike out, (by the Court) | |
2001-11-16 | Order on motion to strike out, (by the Court) | |
2001-11-16 | Decision on the motion to file a reply factum on appeal, LeB, The motion for an order permitting the appellant to file a reply factum on the constitutional question, after review of the motion and response, the Court permits the appellant to file a reply factum and supplementary book of authorities on the constitutional question. The factum shall be filed and served no later than November 22, 2001 and shall not exceed 20 pages. Granted, no order as to costs |
|
2001-11-16 | Decision on motion to strike out, LeB, by the respondents (except Michell Lee) for an order striking parts of the factum of the intervener Canadian Motion Picture Distributors Assocation is dismissed. These parts of the factum do not significantly change the nature of the record already before the Court. In addition, they are clearly connected to the issues raised by the respondents in this appeal and will be of assistance to the Court in its review of these issues. Dismissed, no order as to costs |
|
2001-11-16 | Decision on motion to strike out, LeB, The motion by the respondents (except Michelle Lee) for an order striking parts of the factum of intervener Directv Inc., is dismissed. These parts of the factum do not significantly change the nature of the record already before the Court. In addition, they are clearly connected to the issues raised by the respondents in this appeal and will be of assistance to the Court in its review of these issues. Dismissed, no order as to costs |
|
2001-11-16 | Submission of motion to file a reply factum on appeal, LeB | |
2001-11-16 | Submission of motion to strike out, LeB | |
2001-11-15 | Reply to motion to file a reply factum on appeal, (book form)(proof of service received on Nov. 14, 2001), Completed on: 2001-11-15 | Bell ExpressVu Limited Partnership |
2001-11-13 | Reply to motion to strike out, book form (re: Can. Motion Picture), Completed on: 2001-11-13 | Richard Rex |
2001-11-13 | Reply to motion to strike out, book form re: DIRECTV Inc., Completed on: 2001-11-13 | Richard Rex |
2001-11-09 | Response to motion to strike out, (6 copies - book form), Completed on: 2001-11-09 | Bell ExpressVu Limited Partnership |
2001-11-08 | Response to motion to file a reply factum on appeal, book form, Completed on: 2001-11-08 | Richard Rex |
2001-11-08 | Response to motion to strike out, book form, Completed on: 2001-11-08 | DIRECTV Inc. |
2001-11-08 | Response to motion to strike out, book form, Completed on: 2001-11-08 | Canadian Motion Picture Distributors Association (CMPDA) |
2001-11-01 | Motion to strike out, certain paragraphs of the factum of DIRECTV Inc. and to expunge material from the book of authorities of the intervener - book form, Completed on: 2001-11-01 | Richard Rex |
2001-11-01 | Motion to strike out, (to strike certain paragraphs of the intervener, Can. Motion Picture Distributors Ass.) - book form, Completed on: 2001-11-01 | Richard Rex |
2001-10-31 | Book of authorities, re: reply on const. questions (see order dated Nov. 16, 2001) (sent to the bench on Nov. 16, 2001), Completed on: 2001-10-31 | Bell ExpressVu Limited Partnership |
2001-10-31 | Reply factum on appeal, on const. questions (see order) - sent to the bench on Nov. 16, 2001, Completed on: 2001-10-31 | Bell ExpressVu Limited Partnership |
2001-10-31 | Motion to file a reply factum on appeal, to file a reply and authorities related to the constitutional question - book form, Completed on: 2001-10-31 | Bell ExpressVu Limited Partnership |
2001-10-17 | Order on motion for leave to intervene, (ORAL ARGUMENT OF 15 MINUTES GRANTED TO A.G.-CANADA & 10 MINUTES TO THE OTHER INTERVENERS - LEBEL J.) | |
2001-10-12 | Book of authorities, Completed on: 2001-11-05 | Congres Iberoamericain du Canada |
2001-10-12 | Intervener's factum, (see order dated Sept. 11, 2001), Completed on: 2001-10-23 | Congres Iberoamericain du Canada |
2001-10-12 | Book of authorities, (vol. 1 to 3), Completed on: 2001-10-12 | Canadian Alliance for Freedom of Information and Ideas (CAFFII) |
2001-10-12 | Intervener's factum, (see order dated Sept. 11, 2001), Completed on: 2001-10-12 | Canadian Alliance for Freedom of Information and Ideas (CAFFII) |
2001-10-12 | Book of authorities, 13 copies, Completed on: 2001-10-12 | Canadian Motion Picture Distributors Association (CMPDA) |
2001-10-12 | Intervener's factum, (see order dated Sept. 11, 2001) - 25 copies, Completed on: 2001-10-12 | Canadian Motion Picture Distributors Association (CMPDA) |
2001-10-12 | Book of authorities, Completed on: 2001-10-12 | DIRECTV Inc. |
2001-10-12 | Intervener's factum, (see order Sept. 11, 2001), Completed on: 2001-10-12 | DIRECTV Inc. |
2001-10-12 | Book of authorities, Completed on: 2001-10-12 | Attorney General of Canada |
2001-10-12 | Intervener's factum, Completed on: 2001-10-12 | Attorney General of Canada |
2001-09-14 | Respondent's record, Completed on: 2001-09-14 | Richard Rex |
2001-09-14 | Respondent's book of authorities, Completed on: 2001-09-14 | Richard Rex |
2001-09-14 | Respondent's factum, Completed on: 2001-09-14 | Richard Rex |
2001-09-12 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
2001-09-11 | Order on motion for leave to intervene, (BY THE COURT) | |
2001-09-11 | Decision on the motion for leave to intervene, LeB, by the CONGRES IBEROAMERICAIN DU CANADA. The factum is limited to 20 pages. The interveners factums are to to be filed on or before Oct. 12, 2001. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (10 MINUTES GRANTED OCT. 17, 2001). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the interventions. Granted, no order as to costs |
|
2001-09-11 | Decision on the motion for leave to intervene, LeB, by the CANADIAN ALLIANCE FOR FREEDOM OF INFORMATION AND IDEAS. The factum is limited to 20 pages. The interveners factums are to to be filed on or before Oct. 12, 2001. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (10 MINUTES GRANTED OCT. 17, 2001) The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the interventions. Granted, no order as to costs |
|
2001-09-11 | Decision on the motion for leave to intervene, LeB, by the DIRECTV Inc. The factum is limited to 20 pages. The interveners factums are to to be filed on or before Oct. 12, 2001. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (10 MINUTES GRANTED OCT. 17, 2001). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the interventions. Granted, no order as to costs |
|
2001-09-11 | Decision on the motion for leave to intervene, LeB, by the CANADIAN MOTION PICTURE DISTRIBUTORS ASSOCIATION. The factum is limited to 20 pages. The interveners factums are to to be filed on or before Oct. 12, 2001. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (10 MINUTES GRANTED OCT. 17, 2001). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the interventions. Granted, no order as to costs |
|
2001-09-11 | Decision on the motion for leave to intervene, LeB, by the ATTORNEY GENERAL OF CANADA. The factum is limited to 20 pages. The interveners factums are to to be filed on or before Oct. 12, 2001. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES GRANTED OCT. 17, 2001). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the interventions. Granted, no order as to costs |
|
2001-09-11 | Submission of motion for leave to intervene, LeB | |
2001-09-06 | Notice of hearing | Bell ExpressVu Limited Partnership |
2001-09-06 | Reply to the motion for leave to intervene, (book form), Completed on: 2001-09-07 | Canadian Alliance for Freedom of Information and Ideas (CAFFII) |
2001-09-05 | Notice of constitutional question(s) | Richard Rex |
2001-09-05 | Appeal hearing scheduled, 2001-12-04 Judgment reserved |
|
2001-09-04 | Decision on the motion to state a constitutional question, CJ, 1. Is s. 9(1)(c) of the Radiocommunication Act, R.S.C., 1985, c. R-2, inconsistent with s. 2(b) of the Canadian Charter of Rights and Freedoms? 2. If the answer to question 1 is "yes", can the statutory provision be justified pursuant to s. 1 of the Charter? Notices of interventions are to be filed on or before Oct. 8, 2001. Granted, no order as to costs |
|
2001-08-29 | Reply to the motion for leave to intervene, book form, Completed on: 2001-08-29 | Congres Iberoamericain du Canada |
2001-08-28 | Reply to the motion for leave to intervene, (bookform), Completed on: 2001-08-28 | DIRECTV Inc. |
2001-08-23 | Correspondence received from, E. Meehan, Q.C. dated Aug. 23/01 (by fax) re: copy of letter sent to R.J. Wilinofsky in response to his letter dated Aug. 20/01 | Bell ExpressVu Limited Partnership |
2001-08-23 | Response to the motion for leave to intervene, to Canadian Alliance..., Completed on: 2001-08-23 | Richard Rex |
2001-08-22 | Response to the motion for leave to intervene, (bookform) to Canadian Alliance..., Completed on: 2001-08-22 | Bell ExpressVu Limited Partnership |
2001-08-22 | Response to the motion for leave to intervene, (bookform) to Congrès Ibéroaméricain, Completed on: 2001-08-22 | Bell ExpressVu Limited Partnership |
2001-08-22 | Response to the motion for leave to intervene, (bookform) to DIRECTV, Completed on: 2001-08-23 | Richard Rex |
2001-08-20 | Response to the motion for leave to intervene, (Letter Form), to DIRECTV letter from K. William McKenzie dated August 20/01, Completed on: 2001-08-20 | Bell ExpressVu Limited Partnership |
2001-08-20 | Correspondence received from, Ron J. Wilinofsky dated Aug. 20/01 (by fax) re: to confirm his client, M. Lee, respondent, will not participate in this appeal | Michelle Lee |
2001-08-20 | Submission of motion to state a constitutional question, CJ | |
2001-08-15 | Reply to the motion for leave to intervene, Completed on: 2001-08-16 | Canadian Motion Picture Distributors Association (CMPDA) |
2001-08-14 | Motion for leave to intervene, and Brief of Authorities and Memorandum of Law on Freedom of Expression (book form), Completed on: 2001-08-20 | Canadian Alliance for Freedom of Information and Ideas (CAFFII) |
2001-08-14 | Motion for leave to intervene, book form, Completed on: 2001-08-14 | Congres Iberoamericain du Canada |
2001-08-13 | Motion for leave to intervene, (book form), Completed on: 2001-08-13 | DIRECTV Inc. |
2001-08-10 | Appeal perfected for hearing, Session beginning on 2001-10-01 | |
2001-08-10 | Decision on motion to expedite the appeal, CJ, 1) The motion on behalf of the appellant for an order fixing a schedule for the early service and filing of factums and other materials, and for an order fixing a hearing date during the first week of the Fall session is denied; 2) The appeal shall be inscribed for the Fall 2001 session. The respondent's factum shall be filed by September 14, 2001 and the Interveners factum shall be filed by October 12, 2001. The hearing of the appeal shall be scheduled during the month of December 2001. Dismissed, no order as to costs |
|
2001-08-10 | Submission of motion to expedite the appeal, CJ | |
2001-08-08 | Response to the motion for leave to intervene, (book form), Completed on: 2001-08-08 | Richard Rex, c.o.b. as 'Can-Am Satellites', Richard Rex c.o.b. as 'Can Am Satellites' and c.o.b. as 'CANAM Satellites' and c.o.b. as 'Can Am Satellite' and c.o.b. as 'Can Am Sat' and c.o.b. as 'Can-Am Satellites Digital Media Group' and |
2001-08-08 | Reply to the motion to state a constitutional question, Completed on: 2001-08-08 | Bell ExpressVu Limited Partnership |
2001-08-07 | Response to the motion for leave to intervene, (Letter Form), from K. W. McKenzie dated August 3, 2001 (fax copy), Completed on: 2001-08-07 | Bell ExpressVu Limited Partnership |
2001-08-03 | Response to the motion to state a constitutional question, book form, Completed on: 2001-08-03 | Bell ExpressVu Limited Partnership |
2001-07-25 | Motion to state a constitutional question, 2 copies, Completed on: 2001-07-25 | Richard Rex |
2001-07-20 | Appellant's book of authorities, vol. I & II, Completed on: 2001-07-20 | Bell ExpressVu Limited Partnership |
2001-07-20 | Appellant's factum, Completed on: 2001-07-20 | Bell ExpressVu Limited Partnership |
2001-07-20 | Appellant's record, vol. I to III, Completed on: 2001-07-20 | Bell ExpressVu Limited Partnership |
2001-07-17 | Response to motion to expedite the appeal, (book form), Completed on: 2001-07-17 | Richard Rex |
2001-07-12 | Motion for leave to intervene, book form, Completed on: 2001-07-12 | Canadian Motion Picture Distributors Association (CMPDA) |
2001-07-10 | Motion to expedite the appeal, book form, Completed on: 2001-07-10 | Bell ExpressVu Limited Partnership |
2001-06-21 | Motion for leave to intervene, (under R. 18), Completed on: 2001-06-21 | Attorney General of Canada |
2001-06-12 | Appeal court record, (1 envelope) | |
2001-05-17 | Notice of deposit for security | Bell ExpressVu Limited Partnership |
2001-05-17 | Letter acknowledging receipt of notice of appeal | |
2001-05-16 | Order granting leave to appeal | |
2001-05-16 | Notice of appeal, Completed on: 2001-05-16 | Bell ExpressVu Limited Partnership |
2001-04-20 | Notice of deposit of judgment issued to all parties | |
2001-04-19 | Judgment of the Court on the application for leave to appeal Granted, with costs to the applicant(s) in any event of the cause |
|
2001-03-26 | All materials on application for leave submitted to the Judges, G Ma Bi | |
2000-12-14 | Respondent's response on the application for leave to appeal, (Letter Form), from R. Wilinofsky dated Dec. 13, 2000 (fax copy) re: will not be filing a response, Completed on: 2000-12-14 | Michelle Lee |
2000-12-13 | Applicant's reply to respondent's argument, Completed on: 2000-12-13 | Bell ExpressVu Limited Partnership |
2000-12-05 | Book of authorities, Completed on: 2000-12-05 | Richard Rex |
2000-12-05 | Respondent's response on the application for leave to appeal, Completed on: 2000-12-05 | Richard Rex |
2000-12-05 | Notice of change of solicitor, from Richard Peck, Q.C. to Alan D. Gold | Richard Rex |
2000-11-25 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
2000-11-06 | Application for leave to appeal, (C/A Order missing - filed Dec. 5/00), Completed on: 2000-12-05 | Bell ExpressVu Limited Partnership |
- Date modified: