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25193

R. West & Associates Inc., et al. v. Telecom Leasing Canada (TLC) Limited

(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)
1998-06-16 Appeal closed
1998-05-08 Approved order for payment out, sent to Finance on May 11/98
1998-02-26 Copy of formal judgment being prepared, all parties
1998-02-25 Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver)
1998-02-13 Notice of deposit of judgment sent to all parties, all parties
1998-02-12 Judgment on the appeal rendered, L'HD So G Co McL Ia Ma, The appeal is allowed with costs throughout, the judgment of the British Columbia Court of Appeal is set aside and the disposition ordered by the trial judge is restored.
Allowed, costs in this Court and courts below
1997-10-23 General proceeding, transcripts received and distributed to the judges (67 pages)
1997-10-08 General proceeding, 8 copies of Canadian Bankruptcy Reports (given in Court by the respondent) Telecom Leasing Canada (TLC) Limited
1997-10-08 Hearing of the appeal, 1997-10-08, L'HD So G Co McL Ia Ma
Decision reserved
1997-10-08 Decision on motion for additional time to present oral argument, L'HD So G Co McL Ia Ma
Granted, no order as to costs
1997-10-08 Hearing of motion for additional time to present oral argument, 1997-10-08, L'HD So G Co McL Ia Ma
1997-10-08 Submission of motion for additional time to present oral argument, 1997-10-08, L'HD So G Co McL Ia Ma
1997-10-02 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1997-09-25 Decision on motion to extend time, to file their factum to Sept. 19/97, Reg
Granted, no order as to costs
1997-09-25 Hearing of motion to extend time, 1997-09-25, to file their factum to Sept. 19/97, Reg
1997-09-25 Submission of motion to extend time, 1997-09-25, to file their factum to Sept. 19/97, Reg
1997-09-24 Response to motion to extend time, to file the A.G. Ontario's factum and book of authorities (letteform), Completed on: 1997-09-24 Attorney General of British Columbia
1997-09-24 Response to motion to extend time, to file the intervener's (A.G. Ontario) factum to Sept. 19, 1997 (Burke-Robertson ) (fax copy), Completed on: 1997-09-24 R. West & Associates Inc.
1997-09-22 Correspondence (sent by the Court) to, from Gowling, Strathy to Registrar, letter dated Sept. 19, 1997 re: will not participate by oral argument at the hearing of the appeal and rely on their written submissions
1997-09-19 Affidavit, to file the intervener's factum (of Richard James Kilbourn Stewart) 2 copies (bookform), with service Attorney General for Ontario
1997-09-19 $50.00 filing fee for notice of motion, to extend time receipt #34748 Attorney General for Ontario
1997-09-19 Motion to extend time, to file the intervener' factum (bookform) 2 copies, with service, Completed on: 1997-09-19 Attorney General for Ontario
1997-09-19 Book of authorities, 10 copies, with service, Completed on: 1997-09-19 Attorney General for Ontario
1997-09-19 Intervener's factum, 24 copies, with service, Completed on: 1997-09-19 Attorney General for Ontario
1997-09-12 Book of authorities, 10 copies, Completed on: 1997-09-12 Telecom Leasing Canada (TLC) Limited
1997-09-12 Intervener's factum, 24 copies, with service, Completed on: 1997-09-12 Attorney General of Canada
1997-09-10 Intervener's factum, 24 copies, with service, Completed on: 1997-09-10 Attorney General of Alberta
1997-08-28 Proof of service, of the respondent's factum to A. G. Alberta and A. G. B.C.
1997-08-27 Appeal hearing scheduled, 1997-10-08
Decision reserved
1997-08-25 Proof of service, of the respondent's factum
1997-08-22 Order on motion to extend time, to file their factum
1997-08-22 Decision on motion to extend time, to file their factum to Aug. 15/97, Reg
Granted, no order as to costs
1997-08-22 Hearing of motion to extend time, 1997-08-22, to file their factum to Aug. 15/97, Reg
1997-08-22 Submission of motion to extend time, 1997-08-22, to file their factum to Aug. 15/97, Reg
1997-08-21 Proof of service, of factum (admitted on Aug. 15\97)
1997-08-20 Response to the motion for additional time to present oral argument, (Burke Robertson), Completed on: 1997-08-20 R. West & Associates Inc.
1997-08-20 Response to motion to extend time, to file the respondent`s factum to Aug. 15\97, Completed on: 1997-08-20 Attorney General of British Columbia
1997-08-19 Proof of service, of the respondent's factum
1997-08-18 Response to motion to extend time, to file the respondent`s factum to Aug. 22\97 (letterform), Completed on: 1997-08-18 R. West & Associates Inc.
1997-08-18 $50.00 filing fee for notice of motion, receipt #34591 Telecom Leasing Canada (TLC) Limited
1997-08-15 Affidavit, to file the respondent's factum to August 15/97 (of John Douglas Shields), with service Telecom Leasing Canada (TLC) Limited
1997-08-15 Motion to extend time, to file the respondent's factum to August 15/97, with service, Completed on: 1997-08-15 Telecom Leasing Canada (TLC) Limited
1997-08-14 Respondent's factum, 24 copies (extension of time requested), Completed on: 1997-08-14 Telecom Leasing Canada (TLC) Limited
1997-08-01 Correspondence (sent by the Court) to, dated July 30/97 from Gowlings re: doest not oppose the motion for additional one-half hour of oral argument
1997-07-29 Proof of service, of the book of Authorities vol. I to III
1997-07-22 Notice of change of counsel, from firm of Davis & Company to Shandro, Dixon, Edgson c/o Geoffrey H. Dabbs, with service R. West & Associates Inc.
1997-07-16 Affidavit, of Richard Butler (re: an additional half hour), with service Attorney General of British Columbia
1997-07-16 $50.00 filing fee for notice of motion, receipt no. 34495 Attorney General of British Columbia
1997-07-16 Motion for additional time to present oral argument, (an additional half hour) sent to L'HD So G Co McL I Ma, Sept. 30/97, with service, Completed on: 1997-07-16 Attorney General of British Columbia
1997-07-15 Correspondence (sent by the Court) to, sent to A.G. of B.C. (Victoria, BC) enclosing a copy of the notice to the profession dealing with condensed books
1997-07-15 Correspondence (sent by the Court) to, sent to Davis & Company (Vancouver, BC) enclosing a copy of the notice to the profession dealing with condensed books
1997-07-15 Correspondence (sent by the Court) to, sent to Jones, McCloy, Peterson (Vancouver, BC) enclosing a copy of the notice to the profession dealing with condensed books
1997-07-10 Book of authorities, 10 copies of vol. 1 to 3, Completed on: 1997-07-10 R. West & Associates Inc.
1997-06-13 Appeal perfected for hearing, Session beginning on 1997-10-06
1997-05-13 Order on motion to extend time, to file its factum
1997-05-13 Order on motion to extend time, to file their factum
1997-05-06 Decision on motion to extend time, to file their factum to Apr. 25/97, Reg
Granted, no order as to costs
1997-05-06 Hearing of motion to extend time, 1997-05-06, to file their factum to Apr. 25/97, Reg
1997-05-06 Submission of motion to extend time, 1997-05-06, to file their factum to Apr. 25/97, Reg
1997-05-06 Decision on motion to extend time, to file their factum to Apr. 18/97, Reg
Granted, no order as to costs
1997-05-06 Hearing of motion to extend time, 1997-05-06, to file their factum to Apr. 18/97, Reg
1997-05-06 Submission of motion to extend time, 1997-05-06, to file their factum to Apr. 18/97, Reg
1997-04-25 Response to motion to extend time, to file the A.G. B.C.'s factum to Apr. 25/97, Completed on: 1997-04-25 R. West & Associates Inc.
1997-04-25 Affidavit, to file the factum to Apr. 25/97; Richard Butler, with service Attorney General of British Columbia
1997-04-25 $50.00 filing fee for notice of motion, receipt #34022 Attorney General of British Columbia
1997-04-25 Motion to extend time, to file the factum to Apr. 25/97, with service, Completed on: 1997-04-25 Attorney General of British Columbia
1997-04-25 Appellant's factum, 24 copies (extension of time requested), with service, Completed on: 1997-04-25 Attorney General of British Columbia
1997-04-18 Appellant's factum, 24 copies, with service, Completed on: 1997-04-18 R. West & Associates Inc.
1997-04-18 $50.00 filing fee for notice of motion, receipt #33971 R. West & Associates Inc.
1997-04-18 Response to motion to extend time, to file the factum to Apr. 18/97, Completed on: 1997-04-18 R. West & Associates Inc.
1997-04-18 Affidavit, to file the factum to apr. 18/97; Geoffrey Dabbs, with service R. West & Associates Inc.
1997-04-18 Motion to extend time, to file the factum to Apr. 18/97, with service, Completed on: 1997-04-18 R. West & Associates Inc.
1997-03-13 Proof of service, of Case on Appeal
1997-03-10 Notice of intervention respecting a constitutional question, With service Attorney General of Alberta
1997-03-10 Notice of intervention respecting a constitutional question, With service Attorney General for Ontario
1997-03-10 Notice of intervention respecting a constitutional question, With service Attorney General of Canada
1997-02-14 Order on motion to extend time, to deliver the Case on Appeal to the 5th of Feb., 1997.
1997-02-13 Decision on motion to extend time, to file the case on appeal to Feb. 5, 1997, Reg
Granted, no order as to costs
1997-02-13 Hearing of motion to extend time, 1997-02-13, to file the case on appeal to Feb. 5, 1997, Reg
1997-02-13 Submission of motion to extend time, 1997-02-13, to file the case on appeal to Feb. 5, 1997, Reg
1997-02-12 Correspondence (sent by the Court) to, (by fax) from Richard Butler addressed to Geoffrey H. Dabbs and John Douglas Shields; re: will require additional time to file his factum
1997-02-12 Response to motion to extend time, to file the Case on Appeal to Feb. 5/97, Completed on: 1997-02-12 Telecom Leasing Canada (TLC) Limited
1997-02-11 Affidavit, of Richard Butler re: motion to extend the time to file the case on appeal to Feb. 5, 1997, with service Attorney General of British Columbia
1997-02-11 $50.00 filing fee for notice of motion, receipt no. 33540 Attorney General of British Columbia
1997-02-11 Motion to extend time, to file the case on appeal to Feb. 5, 1997, with service, Completed on: 1997-02-11 Attorney General of British Columbia
1997-02-10 Notice of constitutional question(s), (1 copy), with service R. West & Associates Inc.
1997-02-07 Order on motion to state a constitutional question
1997-02-05 Certified casebook Attorney General of British Columbia
1997-02-05 Case on appeal, 24 copies (extension of time requested), with service Attorney General of British Columbia
1997-02-05 Decision on the motion to state a constitutional question, (for questions see file). Notices of intention to intervene are to be filed no later than March 10, 1997., CJ
Granted, no order as to costs
1997-02-05 Hearing of the motion to state a constitutional question, 1997-02-05, (for questions see file). Notices of intention to intervene are to be filed no later than March 10, 1997., CJ
1997-02-05 Submission of motion to state a constitutional question, 1997-02-05, (for questions see file). Notices of intention to intervene are to be filed no later than March 10, 1997., CJ
1997-01-30 General proceeding, 2 copies of MEMORANDUM OF ARGUMENT IN SUPPORT OF APPLICATION TO STATE A CONSTITUTIONAL QUESTION - book form, with service Attorney General of British Columbia
1997-01-15 General proceeding, REPLY to the response on motion to state a constitutional question, with service Attorney General of British Columbia
1997-01-13 General proceeding, 1 copy of respondent's response to the motion to state constitutional question (fax copy) Telecom Leasing Canada (TLC) Limited
1997-01-08 Response to the motion to state a constitutional question, (letterform from V. Jennifer MacKinnon), Completed on: 1997-01-08 R. West & Associates Inc.
1996-12-09 $50.00 filing fee for notice of motion, receipt no. 33173 Attorney General of British Columbia
1996-12-09 Motion to state a constitutional question, 2 copies, with service, Completed on: 1996-12-09 Attorney General of British Columbia
1996-11-08 General proceeding, (telphone conversation with Robert Houston confirming that the A.G.-B.C is properly before the court as a party appellant)
1996-11-07 Correspondence (sent by the Court) to, from Burke-Robertson to M. Larmour re: the A.G. B.C. is properly named as an Appellant in this proceeding
1996-11-04 $10.00 fee for depositing security, receipt no. 32942 R. West & Associates Inc.
1996-11-04 Notice of deposit of security, (1 copy)
1996-11-04 $500 security deposit paid, receipt no. 2397 R. West & Associates Inc.
1996-10-11 Correspondence (sent by the Court) to, sent to A.G. of B.C. (Victoria, BC) enclosing copy of Rule 32 c.c. Burke-Robertson
1996-10-11 Correspondence (sent by the Court) to, sent to Jones, McCloy, Peterson (Vancouver, BC) enclosing copy of Rule 32 c.c. Gowling
1996-10-11 Correspondence (sent by the Court) to, sent to Davis & Company (Vancouver, BC) enclosing copy of Rule 32
1996-10-10 Order granting leave to appeal
1996-10-09 Notice of appeal, With service, Completed on: 1996-10-09 R. West & Associates Inc.
1996-10-03 Judgment of the Court on the application for leave to appeal, L'HD So McL, The application for leave to appeal is granted.
Granted, no order as to costs
1996-10-03 Notice of deposit of judgment issued to all parties, Burke-Robertson
1996-10-03 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson
1996-10-03 Notice of deposit of judgment issued to all parties, Davis & Company (Vancouver, BC)
1996-06-10 All materials on application for leave submitted to the Judges, L'HD So McL
1996-04-09 Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1996-04-09 R. West & Associates Inc.
1996-03-26 Respondent's response on the application for leave to appeal, 5 copies, Completed on: 1996-03-26 Telecom Leasing Canada (TLC) Limited
1996-03-15 Book of authorities, 5 copies (JOINT), Completed on: 1996-03-15 R. West & Associates Inc.
1996-03-14 Correspondence received from, sent to Jones, McCloy, Peterson (Vancouver, BC) enclosing copy of letter dated Mar 14/96 sent to applicant
1996-03-14 Correspondence received from, sent to Davis & Company (Vancouver, BC) to acknowledge receipt of material commencing a proceeding together with filing fee
1996-03-14 Correspondence received from, sent to Burke-Robertson to acknowledge receipt of material commencing a proceeding together with enclosed filing fee
1996-03-12 $50.00 filing fee, receipt no. 31712 R. West & Associates Inc.
1996-03-12 Application for leave to appeal, 5 copies (service admitted on March 11/96), with service, Completed on: 1996-03-12 R. West & Associates Inc.

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
R. West & Associates Inc. Applicant Active
Attorney General of British Columbia Applicant Active

v.

Main parties - Respondents
Name Role Status
Telecom Leasing Canada (TLC) Limited Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Attorney General for Ontario Intervener Active
Attorney General of Alberta Intervener Active

Counsel

Party: R. West & Associates Inc.

Counsel
Name
Geoffrey H. Dabbs
Contact information
Shandro Dixon Edgson
400 - 999 Hastings St W
Vancouver, British Columbia
V6C 2W2
Telephone: (604) 689-0400
FAX: (604) 468-5200
Agent
Name
V. Jennifer Mackinnon
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General of British Columbia

Counsel
Names
Carol C. Baird
R. Richard Butler
Contact information
Attorney General of British Columbia
602 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
Agent
Name
V. Jennifer Mackinnon
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Telecom Leasing Canada (TLC) Limited

Counsel
Name
John Douglas Shields
Contact information
Jones McCloy Peterson
1700 - 595 BURRARD ST
PO BOX 49117 STN BENTALL CTR
VANCOUVER, British Columbia
V7X 1G4
Telephone: (604) 682-1851
FAX: (604) 682-7329
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General of Canada

Counsel
Name
Edward R. Sojonky, Q.C.
Contact information
Attorney General of Canada
284 Wellington Street
East Memorial Building
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4871
FAX: (613) 954-1920

Party: Attorney General for Ontario

Counsel
Name
Richard J.K. Stewart
Contact information
Attorney General for Ontario
720 Bay St
Constitutional Law Branch 8th Fl
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4468
FAX: (416) 326-4015
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General of Alberta

Counsel
Name
James A. Baird
Contact information
Attorney General of Alberta
9833 - 109th St NW
4th Fl
Edmonton, Alberta
T5K 2E8
Telephone: (403) 498-3300
FAX: (403) 425-0307
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

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

April 15, 1994
Supreme Court of British Columbia

x

action allowed

January 12, 1996
Court of Appeal for British Columbia (Vancouver)

CA018706

Appeal 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

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

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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Webcasts

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Date modified: 2025-05-13