Case information
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21939
British Columbia Hydro and Power Authority v. B.G. Checo International Limited now known as Cegelec Enterprises (1991) Limited
(British Columbia) (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) |
|---|---|---|
| 1994-07-18 | Appeal closed | |
| 1993-07-22 | Correspondence (sent by the Court) to, sent to Court of Appeal of B.C., enclosing their record | |
| 1993-06-09 | Correspondence (sent by the Court) to, sent to Mrs. J.L. Jordan, Registrar, Court of Appeal (Vancouver, BC) enclosing record of their Court | |
| 1993-04-15 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1993-04-15 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1993-04-15 | Copy of formal judgment being prepared, Scott & Aylen (Ottawa, ON) | |
| 1993-03-18 | Decision on the motion for a re-hearing of the appeal, The application for a re-hearing on the issue of costs is dismissed | |
| 1993-03-09 | All material on motion for a re-hearing of the appeal submitted to Justices, on the issue of costs only | |
| 1993-03-05 | Response to the motion for a re-hearing of the appeal, 8 copies distributed to LaF L'HD So G McL I March 9, 1993, with service | British Columbia Hydro and Power Authority |
| 1993-02-22 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1993-02-22 | Motion for a re-hearing of the appeal, 10 copies sent to LaF L'HD So G McL I, 1993-03-02 | B.G. Checo International Limited now known as Cegelec Enterprises (1991) Limited |
| 1993-02-22 | Correspondence (sent by the Court) to, sent to Gowling, Strathy & Henderson (Ottawa, ON) re: copy of the formal judgment. | |
| 1993-02-22 | Correspondence (sent by the Court) to, sent to Scott & Aylen (Ottawa, ON) re: copy of the formal judgment. | |
| 1993-02-10 | Correspondence (sent by the Court) to, from Gowling; re: costs issue in the judgment | |
| 1993-01-21 |
Judgment on the appeal rendered, LaF L'HD So G McL St Ia, The appeal is dismissed, the cross-appeal is allowed in part and the question of damages in tort and contract is referred to the trial division to be reassessed in accordance with the principles set forth in the reasons. Sopinka and Iacobucci JJ., dissenting in part, would have allowed the appeal in part, dismissed the cross- appeal and ordered a new trial on the breach of contract issue Stevenson J. took no part in the judgment Dismissed, no order as to costs |
|
| 1993-01-21 | Notice of deposit of judgment sent to all parties, Scott Aylen (Ottawa,ON) | |
| 1993-01-21 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1992-02-12 | General proceeding, transcripts received and distributed to the Justices (142 pages) | |
| 1992-01-30 | Correspondence (sent by the Court) to, sent to Gowling, Strathy & Henderson; re: list of appeals inscribed for hearing by this Court during the January 1992 session and the Court's agenda for the session. | |
| 1992-01-30 | Correspondence (sent by the Court) to, sent to Scott & Aylen; re: list of appeals inscribed for hearing by this Court during the January 1992 session and the Court's agenda for the session. | |
| 1992-01-28 |
Hearing of the appeal, 1992-01-28, LaF L'HD So G McL St Ia Decision reserved |
|
| 1992-01-23 |
Appeal hearing scheduled, 1992-01-28 Decision reserved |
|
| 1992-01-22 | Correspondence (sent by the Court) to, from Meredith A. Quartermain; re: Donald J. Sorochan, Q.C. and myself will appear as counsel | |
| 1992-01-22 | Correspondence (sent by the Court) to, sent to Scott & Aylen (Ottawa,ON) re: instructed to attend Court January 28, 1992 no later than 10:15 a.m. | |
| 1992-01-22 | Correspondence (sent by the Court) to, sent to Swinton & Company (Vancouver,BC) re: instructed to attend Court on Tuesday January 28, 1992 not later than 10:15 a.m. | |
| 1992-01-22 | Correspondence (sent by the Court) to, sent to Singleton, Urquhart (Vancouver,BC) re: instructed to attend Court on Tuesday January 28 1992, no later than 10:15 a.m. | |
| 1992-01-15 | General proceeding, 21 copies of supplemental case on appeal (joint with 21955)***see order of Iacobucci of Dec.11, 1991*** | B.G. Checo International Limited now known as Cegelec Enterprises (1991) Limited |
| 1992-01-13 | Book of authorities, for motion to strike paragraphs 25 and 26 of the appellant's factum; 10 copies | B.G. Checo International Limited now known as Cegelec Enterprises (1991) Limited |
| 1992-01-02 | General proceeding, 21 copies of supplemental case on appeal (joint with 21955), with service | British Columbia Hydro and Power Authority |
| 1991-12-30 | Order on miscellaneous motion, for an order to amend the style of cause, with service | |
| 1991-12-30 | Notice of miscellaneous motion, to strike paragraphs 25 and 26 of the appellant's factum; 10 copies | B.G. Checo International Limited now known as Cegelec Enterprises (1991) Limited |
| 1991-12-30 | Respondent's factum, 21 copies, with service | B.G. Checo International Limited now known as Cegelec Enterprises (1991) Limited |
| 1991-12-23 |
Decision on miscellaneous motion, for an order to amend the style of cause to include the words "(now known as Cegelec Enterprises (1991) Limited)" after the name BG Checo Intrnational Limited., Ia Granted, no order as to costs |
|
| 1991-12-23 | Hearing of miscellaneous motion, 1991-12-23, for an order to amend the style of cause to include the words "(now known as Cegelec Enterprises (1991) Limited)" after the name BG Checo Intrnational Limited., Ia | |
| 1991-12-23 | Submission of miscellaneous motion, 1991-12-23, for an order to amend the style of cause to include the words "(now known as Cegelec Enterprises (1991) Limited)" after the name BG Checo Intrnational Limited., Ia | |
| 1991-12-17 | Correspondence (sent by the Court) to, from Arthur M. Grant; re: will not oppose the application to amend the style of cause | |
| 1991-12-17 | Affidavit, for an Order amending the style of cause; Barbara Muszynski | B.G. Checo International Limited now known as Cegelec Enterprises (1991) Limited |
| 1991-12-17 | Notice of miscellaneous motion, for an Order ameding the style of cause to include the words "now known as Cegelec Enterprises (1991) Limited" after the name BG Checo International Limited | B.G. Checo International Limited now known as Cegelec Enterprises (1991) Limited |
| 1991-12-13 | Motion to strike out, paragraphs 25 and 26; 8 copies | B.G. Checo International Limited now known as Cegelec Enterprises (1991) Limited |
| 1991-12-11 |
Decision on motion to strike out, parts of the appellant's factum is to be refered to the panel of the Court hearing the appeal on the understanding that if either party deems it admissible to do so such party may present additional material that is not in the case on appeal but was in the record before the Courts below. Traversed, no order as to costs |
|
| 1991-12-11 |
Hearing of motion to strike out, 1991-12-11 Adjourned |
|
| 1991-12-11 |
Submission of motion to strike out, 1991-12-11 Adjourned |
|
| 1991-12-06 | General proceeding, AUTHORITIES on the motion to strike out paragraphs 25 & 26 (10 copies), with service | British Columbia Hydro and Power Authority |
| 1991-12-06 | General proceeding, AFFIDAVIT of Glenn A. Urquhart on the motion to strike out paragraphs 25 & 26 (10 copies), with service | British Columbia Hydro and Power Authority |
| 1991-12-06 | General proceeding, memorandum of argument on motion to strike out paragraphs 25 & 26 (10 copies), with service | British Columbia Hydro and Power Authority |
| 1991-12-06 | Motion to strike out, ****entered in error****, with service | British Columbia Hydro and Power Authority |
| 1991-11-27 | Affidavit, paragraphs 25 and 26 from the factum of the appellant, together with those paragraphs in Part III of its factum related thereto, with costs; Mari A. Worfolk, with service | B.G. Checo International Limited now known as Cegelec Enterprises (1991) Limited |
| 1991-11-27 | Motion to strike out, paragraphs 25 and 26 from the factum of the appellant, together with those paragraphs in Part III of its factum related thereto, with costs, with service | B.G. Checo International Limited now known as Cegelec Enterprises (1991) Limited |
| 1991-09-30 | Appeal court record, 1 accordion file (joint with 21955) | |
| 1991-09-26 | Notice of hearing, With service | British Columbia Hydro and Power Authority |
| 1991-09-23 | Trial court record, 1 small box | |
| 1991-09-18 | Correspondence (sent by the Court) to, from A. Roland sent by fax to Brian Crane, Q.C. c/o Gowling, Strathy & Henderson (Ottawa,ON) confirming that appeals 21939 and 21955 (BG Checo -v- B.C. Hydro have been inscribed for hearing during the session commencing on January 27, 1992. January 28, 19 | |
| 1991-09-17 | Appeal perfected for hearing, Session beginning on 1992-01-27 | |
| 1991-09-16 | Correspondence (sent by the Court) to, sent to Mr. Norman A. Adolph, Exhibit Clerk (Vancouver,BC) acknowledging receipt of exhibits (8 boxes and 1 tube container). | |
| 1991-09-12 | Appellant's factum, 21 copies, with service | British Columbia Hydro and Power Authority |
| 1991-09-11 | Trial court exhibits, 8 boxes & 1 tube container (cannister) | |
| 1991-09-10 | Correspondence (sent by the Court) to, from Arthur M. Grant; re: will be forwarding factum and will be inscribing notwithstanding late filing | |
| 1991-09-10 | Certified casebook, 1 copy of vols. 1 to 6 - joint with 21955 | British Columbia Hydro and Power Authority |
| 1991-09-10 | Case on appeal, 20 copies of vols. 1 to 6 - joint with 21955 | British Columbia Hydro and Power Authority |
| 1991-03-11 | Order granting leave to appeal, With service | |
| 1991-01-25 | General proceeding, amended notice of appeal, with service | British Columbia Hydro and Power Authority |
| 1991-01-04 | General proceeding, amended notice of appeal | British Columbia Hydro and Power Authority |
| 1990-12-17 | $500 security deposit paid, Direction #2174 | British Columbia Hydro and Power Authority |
| 1990-12-17 | Notice of appeal, With service | British Columbia Hydro and Power Authority |
| 1990-12-07 | Close file on Leave | |
| 1990-12-07 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1990-12-07 | Notice of deposit of judgment issued to all parties, Scott & Aylen (Ottawa,ON) | |
| 1990-12-07 |
Judgment of the Court on the application for leave to appeal, W So McL, The application for leave to appeal is granted. The appeal is to be heard along with B.G. Checo International Limited v. British Columbia Hydro and Power Authority. Granted, no order as to costs |
|
| 1990-12-07 | Hearing of the application for leave to appeal, 1990-12-07, W So McL | |
| 1990-12-07 | All materials on application for leave submitted to the Judges, 1990-12-07, W So McL | |
| 1990-06-22 | All materials on application for leave submitted to the Judges, W So McL | |
| 1990-06-05 | Correspondence received from, filed in file #21873 from Ladner, Downs, re: similar issues as in 21955 - 21939 | |
| 1990-05-25 | Service, of Respondent's argument | |
| 1990-05-22 | Respondent's response on the application for leave to appeal, 5 copies | B.G. Checo International Limited now known as Cegelec Enterprises (1991) Limited |
| 1990-05-07 | $30.00 filing fee, receipt #17539 | British Columbia Hydro and Power Authority |
| 1990-05-07 | Application for leave to appeal, 5 copies, with service, Completed on: 1990-05-07 | British Columbia Hydro and Power Authority |
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 |
|---|---|---|
| British Columbia Hydro and Power Authority | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| B.G. Checo International Limited now known as Cegelec Enterprises (1991) Limited | Respondent | Active |
Counsel
Party: British Columbia Hydro and Power Authority
Counsel
G.A. Urquhart
G. Phillips
1200 - 1125 HOWE ST
VANCOUVER, British Columbia
V6Z 2K8
Telephone: (604) 682-7474
FAX: (604) 682-1283
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: B.G. Checo International Limited now known as Cegelec Enterprises (1991) Limited
Counsel
M. Quartermaine
M. Worfolk
1000 - 840 HOWE ST
VANCOUVER, British Columbia
V6Z 2M1
Telephone: (604) 687-2242
FAX: (604) 643-1200
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Summary
Keywords
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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
Supreme Court of British Columbia
C864116
Judgment for Respondent
Court of Appeal for British Columbia (Vancouver)
CA009565
Appeal allowed in part; Cross-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
Not available
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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