Case information
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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.
| 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
| Name | Role | Status |
|---|---|---|
| R. West & Associates Inc. | Applicant | Active |
| Attorney General of British Columbia | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Telecom Leasing Canada (TLC) Limited | Respondent | Active |
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
400 - 999 Hastings St W
Vancouver, British Columbia
V6C 2W2
Telephone: (604) 689-0400
FAX: (604) 468-5200
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Attorney General of British Columbia
Counsel
R. Richard Butler
602 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Telecom Leasing Canada (TLC) Limited
Counsel
1700 - 595 BURRARD ST
PO BOX 49117 STN BENTALL CTR
VANCOUVER, British Columbia
V7X 1G4
Telephone: (604) 682-1851
FAX: (604) 682-7329
Agent
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
284 Wellington Street
East Memorial Building
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4871
FAX: (613) 954-1920
Party: Attorney General for Ontario
Counsel
720 Bay St
Constitutional Law Branch 8th Fl
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4468
FAX: (416) 326-4015
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General of Alberta
Counsel
9833 - 109th St NW
4th Fl
Edmonton, Alberta
T5K 2E8
Telephone: (403) 498-3300
FAX: (403) 425-0307
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.
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Lower court rulings
Supreme Court of British Columbia
x
action allowed
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
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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
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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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