Case information
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24056
Her Majesty the Queen, et al. v. Province of Alberta Treasury Branches, et al.
(Alberta) (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) |
|---|---|---|
| 1996-09-27 | Appeal closed | |
| 1996-06-17 | Formal judgment sent to the registrar of the court of appeal and all parties, Alberta (Calgary) | |
| 1996-06-17 | Copy of formal judgment being prepared, Fraser & Beatty | |
| 1996-06-17 | Copy of formal judgment being prepared, A.G. of Canada | |
| 1996-06-17 | Copy of formal judgment being prepared, Lang, Michener | |
| 1996-06-12 | Correspondence (sent by the Court) to, sent to C/A of Alberta enclosing their record (2 boxes) | |
| 1996-04-26 | Notice of deposit of judgment sent to all parties, Fraser & Beatty | |
| 1996-04-26 | Notice of deposit of judgment sent to all parties, A.G. of Canada | |
| 1996-04-26 | Notice of deposit of judgment sent to all parties, Lang, Michener | |
| 1996-04-26 | Correspondence (sent by the Court) to, from Eugene Meehan; re: corrections to be made in the reasons for judgment (lawyers name) | |
| 1996-04-25 |
Judgment on the appeal rendered, LaF Co McL Ia Ma, The appeals are allowed, the order of the Court of Appeal is set aside, the priority of the MNR is confirmed and it is directed that the MNR recover in all three cases in the manner directed by the trial judge in The Queen v. Toronto-Dominion Bank. The MNR will have his costs throughout. Iacobucci and Major JJ. are dissenting. Allowed, no order as to costs |
|
| 1995-10-18 | General proceeding, transcripts received and distributed to the judges (63 pages) | |
| 1995-10-12 |
Hearing of the appeal, 1995-10-12, LaF Co McL Ia Ma Decision reserved |
|
| 1995-09-26 | Correspondence (sent by the Court) to, from Lang, Michener; re: reply on the factum and will not be appearing at the hearing of the appeal | |
| 1995-09-26 | Correspondence (sent by the Court) to, from Lang, Michener; re: rely on the factum and will not be appearing at the hearing of the appeal | |
| 1995-09-18 | Correspondence (sent by the Court) to, from Fraser & Beatty to D. Beaulieu, letter dated Sept. 15/95 re: names of counsel appearing at the hearing of the appeal | |
| 1995-09-07 |
Appeal hearing scheduled, 1995-10-12 Decision reserved |
|
| 1995-05-23 | Correspondence (sent by the Court) to, of Eugene Meehan (Lang Michener) dated May 23/95 to advise the Court the two respondents adopt the argument of the Toronto-Dominion Bank and will NOT therefore be APPEARING in person when the hearing is scheduled | |
| 1995-05-23 | Respondent's factum, 24 copies (Country Inns Inc.), with service | Province of Alberta Treasury Branches |
| 1995-05-23 | Respondent's factum, 24 copies (Land-Rock Resources Ltd), with service | Province of Alberta Treasury Branches |
| 1995-05-15 | Book of authorities, 11 copies, with service | Toronto-Dominion Bank |
| 1995-05-15 | Appeal perfected for hearing, Session beginning on 1995-10-02 | |
| 1995-05-15 | Respondent's factum, 25 copies, with service | Toronto-Dominion Bank |
| 1995-04-03 | Book of authorities, 10 copies, with service | Her Majesty the Queen |
| 1995-04-03 | Appellant's factum, 24 copies, with service | Her Majesty the Queen |
| 1995-02-21 | Certified casebook, (1 copy) | Her Majesty the Queen |
| 1995-02-21 | Appeal court record, (2 boxes) | |
| 1995-02-14 | Proof of service, of Case on Appeal | |
| 1995-02-02 | Case on appeal, 24 copies | Her Majesty the Queen |
| 1994-12-13 | General proceeding, (NOTICE OF DISCONTINUANCE OF CROSS-APPEAL), with service | Toronto-Dominion Bank |
| 1994-11-25 | Correspondence (sent by the Court) to, sent to Bruni Greenan Klym (Calgary, AB) enclosing copy of Rule 32 c.c. Lang, Michener | |
| 1994-11-25 | Correspondence (sent by the Court) to, sent to Parlee McLaws (Calgary, AB) enclosing copy of Rule 32 c.c. Lang, Michener | |
| 1994-11-25 | Correspondence (sent by the Court) to, sent to A.G. of Canada (Edmonton, AB) enclosing copy of Rule 32 c.c. A.G. of Canada (Ottawa) | |
| 1994-11-25 | Correspondence (sent by the Court) to, sent to Howard, Mackie (Calgary, AB) enclosing copy of Rule 32 c.c. Fraser & Beatty | |
| 1994-11-03 | Notice of appeal, (1 copy), with service | Her Majesty the Queen |
| 1994-11-03 | Order granting leave to appeal | |
| 1994-10-31 | Notice of cross appeal, (1 copy - book form), with service | Toronto-Dominion Bank |
| 1994-10-13 | Correspondence received from, (revised copy of formal pronouncement) sent to A.G. Canada (Ottawa, ON) | |
| 1994-10-13 | Correspondence received from, (revised copy of the formal pronouncement) sent to Fraser & Beatty (Ottawa, ON) | |
| 1994-10-13 | Correspondence received from, (revised copy of formal pronouncement) sent to Lang, Michener (Ottawa, ON) | |
| 1994-10-13 | Notice of deposit of judgment issued to all parties, Lang, Michener (Ottawa, ON) (Revised) | |
| 1994-10-11 | Notice of deposit of judgment issued to all parties, A.G. of Canada (Ottawa, ON) | |
| 1994-10-11 | Notice of deposit of judgment issued to all parties, Fraser & Beatty (Ottawa, ON) | |
| 1994-10-11 | Notice of deposit of judgment issued to all parties, Lang, Michener (Ottawa, ON) | |
| 1994-10-06 |
Judgment of the Court on the application for leave to appeal, L'HD G McL, The application for leave to appeal is granted and the application to cross-appeal is granted but limited to the constitutional division of powers' issue. (REVISED OCT. 13/94) Granted, no order as to costs |
|
| 1994-05-02 | All materials on application for leave submitted to the Judges, L'HD G McL | |
| 1994-04-29 | General proceeding, 5 copies of RESPONSE OF HER MAJESTY THE QUEEN TO THE APPLICATION FOR LEAVE TO CROSS-APPEAL sent to L'HD G McL, May 5/94, with service | Her Majesty the Queen |
| 1994-04-22 | Proof of service, of the reply of the applicant (book form) | |
| 1994-04-19 | Correspondence received from, of Eugene Meehan (Lang Michener) to amend the names of the sollicitors of the Respondents | Province of Alberta Treasury Branches |
| 1994-04-18 | Applicant's reply to respondent's argument, 5 copies | Her Majesty the Queen |
| 1994-04-08 | Notice of application for leave to cross-appeal, 5 copies (JOINT WITH RESPONSE TO APPLICATION FOR LEAVE TO APPEAL), with service | Toronto-Dominion Bank |
| 1994-04-08 | Respondent's response on the application for leave to appeal, 5 copies, with service | Toronto-Dominion Bank |
| 1994-04-08 | Respondent's response on the application for leave to appeal, 5 copies - respondent, Province of Alberta Treasury Branches (Country Inns Inc.), with service | Province of Alberta Treasury Branches |
| 1994-04-08 | Respondent's response on the application for leave to appeal, 5 copies - respondent, Province of Alberta Treasury Brnaches (Land-Rock), with service | Province of Alberta Treasury Branches |
| 1994-04-06 | Correspondence received from, sent to A.G. of Canada (Ottawa, ON) re: receipt of material commencing a proceeding | |
| 1994-03-18 | Affidavit, (original) of Miroslaw Raczylo (this affidavit is included in the application book), with service | Her Majesty the Queen |
| 1994-03-18 | $30.00 filing fee, receipt #24324 | Her Majesty the Queen |
| 1994-03-18 | Application for leave to appeal, 5 copies, with service, Completed on: 1994-03-18 | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Province of Alberta Treasury Branches | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Province of Alberta Treasury Branches | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Toronto-Dominion Bank | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
300 - 10199, 101 ST NW
EDMONTON, Alberta
T5J 3Y4
Telephone: (403) 495-2983
FAX: (403) 495-2964
Agent
284 Wellington Street
East Memorial Building
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4871
FAX: (613) 954-1920
Party: Province of Alberta Treasury Branches
Counsel
3400 - 707, 8TH AVE SW
CALGARY, Alberta
T2P 1H5
Telephone: (403) 294-7000
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Party: Toronto-Dominion Bank
Counsel
1000 - 400, 3RD AVE SW
CALGARY, Alberta
T2P 4H2
Telephone: (403) 232-9500
FAX: (403) 266-1395
Agent
1200 - 180 Elgin St
Ottawa, Ontario
K2P 2K7
Telephone: (613) 783-9600
FAX: (613) 563-7800
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.
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Lower court rulings
Court of Queen’s Bench of Alberta
x
see file
Court of Appeal of Alberta (Calgary)
14345
respondents' appeals allowed
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
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
Not available