Docket

38871

Her Majesty the Queen in Right of Canada v. Canada North Group Inc., et al.

(Alberta) (Civil) (By Leave)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2022-07-20 Appeal closed
2022-07-20 Discontinuance of the bill of costs, (Letter Form), letter dated July 18, 2022 from Darren R. Bieganek, Q,C. Ernst & Young Inc. in its capacity as Monitor
2021-11-29 Bill of costs, *Under Review, Completed on: 2022-04-27 Ernst & Young Inc. in its capacity as Monitor
2021-07-28 Formal judgment sent to the registrar of the court of appeal and all parties
2021-07-28 Judgment on appeal and notice of deposit of judgment sent to all parties
2021-07-28 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1703-0237-AC, 2019 ABCA 314, dated August 29, 2019, heard on December 1, 2020, is dismissed with costs in this Court in accordance with the tariff of fees and disbursements set out in Schedule B of the Rules of the Supreme Court of Canada, SOR/2002-156. Abella, Moldaver, Brown and Rowe JJ. dissent.
Dismissed, with costs
2020-12-22 Transcript received, 105 pages
2020-12-01 Judgment reserved OR rendered with reasons to follow
2020-12-01 Hearing of the appeal, 2020-12-01, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment reserved
2020-11-27 Intervener's condensed book, (Book Form) Canadian Association of Insolvency and Restructuring Professionals
2020-11-27 Respondent's condensed book, (Book Form) Business Development Bank of Canada
2020-11-27 Intervener's condensed book, (Book Form) Insolvency Institute of Canada
2020-11-27 Appellant's condensed book, (Book Form) Her Majesty the Queen in Right of Canada
2020-11-26 Respondent's condensed book, (Book Form) Canada North Group Inc.
2020-11-24 Order on motion to adduce new evidence, by ROWE J.
2020-11-24 Decision on motion to adduce new evidence, Row,
UPON APPLICATION by the appellant for an order to adduce new evidence;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is dismissed with costs to the respondents, Ernst & Young Inc. in its capacity as Monitor and Business Development Bank of Canada, in accordance with the Tariff of fees and disbursements set out in Schedule B of the Rules of the Supreme Court of Canada.

Dismissed, with costs
2020-11-24 Submission of motion to adduce new evidence, Row
2020-11-20 Notice of appearance, (Letter Form), Jeffrey Oliver and Mary I.A. Buttery, Q.C. will appear before the court, and they will both present oral arguments.
Business Development Bank of Canada
2020-11-18 Notice of appearance, (Letter Form), Kelly J. Bourassa will appear before the court, and will present oral arguments.
Insolvency Institute of Canada
2020-11-18 Notice of appearance, (Letter Form), Randal Van de Mosselaer will appear before the court, and will present oral arguments. Canadian Association of Insolvency and Restructuring Professionals
2020-11-18 Notice of appearance, (Letter Form), Michael Taylor and Louis L’Heureux will appear before the court. Mr. Taylor will present oral arguments.
Her Majesty the Queen in Right of Canada
2020-11-17 Reply to motion to adduce new evidence, (Book Form), Completed on: 2020-11-17, (Printed version due on 2020-11-24) Her Majesty the Queen in Right of Canada
2020-11-17 Notice of appearance, (Letter Form), Darren R. Bieganek, Q.C. and Brad Angove will appear before the court. Mr. Bieganek will present oral arguments.
Canada North Group Inc.
2020-11-16 Reply factum on appeal, (Book Form), Completed on: 2020-11-16, (Printed version filed on 2020-11-30) Her Majesty the Queen in Right of Canada
2020-11-12 Intervener's book of authorities, (Book Form), Completed on: 2020-11-12 Insolvency Institute of Canada
2020-11-12 Intervener's factum, (Book Form), Completed on: 2020-11-12 Insolvency Institute of Canada
2020-11-12 Intervener's book of authorities, (Book Form), Completed on: 2020-11-12 Canadian Association of Insolvency and Restructuring Professionals
2020-11-12 Intervener's factum, (Book Form), Completed on: 2020-11-12 Canadian Association of Insolvency and Restructuring Professionals
2020-11-09 Response to the motion to adduce new evidence, (Book Form), (2 volumes), Completed on: 2020-11-09, (Printed version due on 2020-11-17) Business Development Bank of Canada
2020-11-09 Response to the motion to adduce new evidence, (Book Form), Completed on: 2020-11-09, (Printed version filed on 2020-11-10) Ernst & Young Inc. in its capacity as Monitor
2020-10-30 Correspondence received from, (Letter Form), Michael Taylor. Precision with regards to the motion to adduce new evidence., (Printed version due on 2020-11-06) Her Majesty the Queen in Right of Canada
2020-10-29 Motion to adduce new evidence, (Book Form),
MISSING: filing fee, Incomplete, (Printed version due on 2020-11-05)
Her Majesty the Queen in Right of Canada
2020-10-27 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2020-11-02) Business Development Bank of Canada
2020-10-27 Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2020-11-02) Business Development Bank of Canada
2020-10-27 Respondent's record, (Book Form), Completed on: 2020-10-27, (Printed version filed on 2020-11-02) Business Development Bank of Canada
2020-10-27 Respondent's book of authorities, (Book Form), Completed on: 2020-10-27, (Printed version filed on 2020-11-02) Business Development Bank of Canada
2020-10-27 Respondent's factum, (Book Form), Completed on: 2020-10-27, (Printed version filed on 2020-11-02) Business Development Bank of Canada
2020-10-26 Certificate (on limitations to public access), (Letter Form), 23B Ernst & Young Inc. in its capacity as Monitor
2020-10-26 Certificate of counsel (attesting to record), (Letter Form) Ernst & Young Inc. in its capacity as Monitor
2020-10-26 Respondent's record, (Book Form), Completed on: 2020-10-26, (Printed version filed on 2020-10-27) Ernst & Young Inc. in its capacity as Monitor
2020-10-26 Respondent's book of authorities, (Book Form), Completed on: 2020-10-26, (Printed version filed on 2020-10-27) Ernst & Young Inc. in its capacity as Monitor
2020-10-26 Respondent's factum, (Book Form), Completed on: 2020-10-26, (Printed version filed on 2020-10-27) Ernst & Young Inc. in its capacity as Monitor
2020-10-23 Correspondence received from, (Letter Form), Update on listed counsel. Business Development Bank of Canada
2020-10-21 Order on motion for leave to intervene, by BROWN J.
2020-10-21 Decision on the motion for leave to intervene, Br,
UPON APPLICATION by the Insolvency Institute of Canada and the Canadian Association of Insolvency and Restructuring Professionals for leave to intervene in the above appeal;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motions for leave to intervene are granted. The said two (2) interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length, and book of authorities, if any, on or before November 11, 2020.

The said two (2) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

The appellant is granted permission to serve and file a single factum in reply to all interventions not to exceed five (5) pages in length on or before November 16, 2020.

The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.

Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and the respondents any additional disbursements resulting from their interventions.

Granted
2020-10-21 Submission of motion for leave to intervene, Br
2020-10-15 Reply to the motion for leave to intervene, (Letter Form),
MISSING: proof of service (received 2020-10-16), Completed on: 2020-10-19, (Printed version due on 2020-10-22)
Insolvency Institute of Canada
2020-10-15 Reply to the motion for leave to intervene, (Letter Form),
MISSING: proof of service (received 2020-10-16), Completed on: 2020-10-19, (Printed version due on 2020-10-22)
Canadian Association of Insolvency and Restructuring Professionals
2020-10-13 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-10-13, (Printed version due on 2020-10-20) Her Majesty the Queen in Right of Canada
2020-10-13 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-10-13, (Printed version due on 2020-10-20) Business Development Bank of Canada
2020-10-13 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-10-13, (Printed version filed on 2020-10-29) Ernst & Young Inc. in its capacity as Monitor
2020-10-05 Notice of name, (Letter Form),
MISSING: proof of service (received 2020-10-06), (Printed version filed on 2020-10-08)
Canadian Association of Insolvency and Restructuring Professionals
2020-10-05 Motion for leave to intervene, (Book Form),
MISSING:
1) proof of service (received 2020-10-06)
2) filing fee, Incomplete, (Printed version filed on 2020-10-08)
Canadian Association of Insolvency and Restructuring Professionals
2020-10-05 Certificate (on limitations to public access), (Letter Form), Form 23A
MISSING: proof of service (received 2020-10-05), (Printed version filed on 2020-10-14)
Insolvency Institute of Canada
2020-10-05 Notice of name, (Letter Form),
MISSING: proof of service (received 2020-10-07), (Printed version filed on 2020-10-14)
Insolvency Institute of Canada
2020-10-05 Motion for leave to intervene, (Book Form),
MISSING:
1) proof of service (received 2020-10-07)
2) filing fee, Incomplete, (Printed version filed on 2020-10-14)
Insolvency Institute of Canada
2020-09-04 Certificate of counsel (attesting to record), (Letter Form) Her Majesty the Queen in Right of Canada
2020-09-04 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen in Right of Canada
2020-09-04 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen in Right of Canada
2020-09-02 Notice of hearing sent to parties
2020-09-01 Appellant's record, (Book Form), Missing: Form 23B (rec' 09/04/20), Form 24A (rec' 09/04/20), Completed on: 2020-09-08, (Printed version filed on 2020-10-14) Her Majesty the Queen in Right of Canada
2020-09-01 Appellant's book of authorities, (Book Form), Missing: Form 23B (rec' 09/04/20), Completed on: 2020-09-08 Her Majesty the Queen in Right of Canada
2020-09-01 Appellant's factum, (Book Form), Missing: Form 23B (rec' 09/04/20), Completed on: 2020-09-08, (Printed version filed on 2020-10-14) Her Majesty the Queen in Right of Canada
2020-08-25 Appeal hearing scheduled, 2020-12-01, In order for the appeal to proceed on December 1, 2020, the filing schedule will be as follows:

a) The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before September 1, 2020.

b) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before October 27, 2020.

c) Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before October 6, 2020.

d) The appellant and respondents shall serve and file their response(s), if any, to the motions for leave to intervene on or before October 13, 2020.

e) Replies to any responses to the motions for leave to intervene shall be served and filed on or before October 15, 2020.

Judgment reserved
2020-08-11 Correspondence received from, (Letter Form), Michael Taylor has carriage of this matter. Her Majesty the Queen in Right of Canada
2020-07-14 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), 9by email to all parties on July 15, 2020)
2020-06-01 Correspondence received from, (Letter Form), RE: Court Appointed Monitor, including an Order Expanding Monitor Powers Ernst & Young Inc. in its capacity as Monitor
2020-04-23 Notice of withdrawal, (Letter Form), Completed on: 2020-04-23 Canada North Group Inc.
2020-04-23 Notice of appeal, (Letter Form), Completed on: 2020-04-23 Her Majesty the Queen in Right of Canada
2020-03-27 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2020-03-27 Judgment on leave sent to the parties
2020-03-26 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1703-0237-AC, 2019 ABCA 314, dated August 29, 2019, is granted with costs in the cause.
Granted, with costs in the cause
2020-02-18 Notice of name, (Letter Form) Ernst & Young Inc. in its capacity as Monitor
2020-02-10 All materials on application for leave submitted to the Judges, for consideration by the Court
2020-01-10 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen in Right of Canada
2020-01-10 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen in Right of Canada
2019-12-23 Applicant's reply to respondent's argument, (Book Form), Missing: Form 23B, proof of service for Canada North Group, et al. (all rec'd 2020-01-10), Completed on: 2020-02-10 Her Majesty the Queen in Right of Canada
2019-12-12 Notice of name, (Letter Form) Business Development Bank of Canada
2019-12-12 Certificate (on limitations to public access), (Letter Form), 23B Business Development Bank of Canada
2019-12-12 Certificate (on limitations to public access), (Letter Form), 23A Business Development Bank of Canada
2019-12-12 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-12-12 Business Development Bank of Canada
2019-12-12 Certificate (on limitations to public access), (Letter Form), 23B Ernst & Young Inc. in its capacity as Monitor
2019-12-12 Certificate (on limitations to public access), (Letter Form), 23A Ernst & Young Inc. in its capacity as Monitor
2019-12-12 Respondent's response on the application for leave to appeal, (Book Form), Missing: Notice of Name (rec' 02/18/20), Completed on: 2020-02-11 Ernst & Young Inc. in its capacity as Monitor
2019-11-12 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 11/12/19
2019-10-24 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen in Right of Canada
2019-10-24 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen in Right of Canada
2019-10-24 Application for leave to appeal, (Book Form), Missing: CA Order-rec'd 2019/11/20, Completed on: 2019-11-20 Her Majesty the Queen in Right of Canada