Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
25532
Continental Bank Leasing Corporation v. Her Majesty the Queen
(Federal) (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) |
|---|---|---|
| 2005-07-27 | Appeal closed | |
| 2005-07-27 | Payment out cheque issued, ($652.92) | |
| 2005-07-08 |
Approved order for payment out, sent to Finance July 8/05 - Document not microfilmed but is on file |
|
| 1999-01-05 | Record returned to the Registrar of the Court of Appeal | |
| 1998-09-11 | Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. (Ottawa, Ontario) | |
| 1998-09-11 | Copy of formal judgment being prepared, all parties | |
| 1998-09-04 | Notice of deposit of judgment sent to all parties, all parties | |
| 1998-09-03 |
Judgment on the appeal rendered, L'HD G Co McL Ia Ma Ba, The appeal is allowed with costs and the assessment is referred back to the Minister of National Revenue for reconsideration and reassessment in accordance with the reasons of the majority. L'Heureux-Dubé and Bastarache JJ. dissenting. Allowed, with costs |
|
| 1998-02-10 | General proceeding, transcript receivd and distributed to the justices (126 pages)(joint with 25521) | |
| 1998-01-26 |
Hearing of the appeal, 1998-01-26, L'HD G Co McL Ia Ma Ba Decision reserved |
|
| 1998-01-26 | General proceeding, 12 copies of Condensed Book | Her Majesty the Queen |
| 1998-01-26 | General proceeding, 8 copies of Bank Act, Section 246 (given in Court by the appellant) - 1 sheet | Continental Bank Leasing Corporation |
| 1998-01-23 | General proceeding, 12 copies of Condensed Book of evidence and authorities (vol. 1 and 2) | Continental Bank Leasing Corporation |
| 1998-01-22 | Correspondence (sent by the Court) to, from Kent Thomson to A. Roland, letter dated Jan. 22, 1998 (fax copy) re: requesting that the Bank appeal be argued after the Leasing appeal | |
| 1998-01-20 | Notice of appearance, (H. Lorne Morphy and Kent E. Thomson) (fax copy) | Continental Bank Leasing Corporation |
| 1998-01-16 | Notice of appearance, (Larry R. Olsson, Q.C.and Patricia Lee) (joint with 25521) | Her Majesty the Queen |
| 1998-01-16 | General proceeding, 24 copies of several pages missing in the case on appeal in vol. XIV (to be distributed) | Continental Bank Leasing Corporation |
| 1997-12-11 |
Appeal hearing scheduled, 1998-01-26 Decision reserved |
|
| 1997-11-05 | Book of authorities, 10 copies, with service, Completed on: 1997-11-05 | Canadian Bankers' Association |
| 1997-11-05 | Intervener's factum, 24 copies, with service, Completed on: 1997-11-05 | Canadian Bankers' Association |
| 1997-10-23 | Correspondence (sent by the Court) to, (by fax) dated Oct. 23/97 from Eugene Meehan re: scheduling | |
| 1997-10-08 | Book of authorities, 10 copies, with service, Completed on: 1997-10-08 | Her Majesty the Queen |
| 1997-10-08 | Respondent's factum, 24 copies (see order of Oct. 6/97), with service, Completed on: 1997-10-08 | Her Majesty the Queen |
| 1997-10-06 |
Decision on motion to extend time, to file their factum to Oct. 9/97, Reg Granted, no order as to costs |
|
| 1997-10-06 | Hearing of motion to extend time, 1997-10-06, to file their factum to Oct. 9/97, Reg | |
| 1997-10-06 | Submission of motion to extend time, 1997-10-06, to file their factum to Oct. 9/97, Reg | |
| 1997-09-25 | Appeal perfected for hearing, Session beginning on 1998-01-19 | |
| 1997-09-24 | Affidavit, to file the respondent's factum to Oct. 9, 1997 (Larry Olsson) - 2 copies, with service | Her Majesty the Queen |
| 1997-09-24 | $50.00 filing fee for notice of motion, (deducted from Justice account) | Her Majesty the Queen |
| 1997-09-24 | Motion to extend time, to file the respondent's factum to Oct. 9, 1997 (2 copies), with service, Completed on: 1997-09-24 | Her Majesty the Queen |
| 1997-08-11 | Correspondence (sent by the Court) to, sent to A.G. of Canada (Toronto, ON) enclosing a copy of the notice to the profession dealing with condensed books c.c. Graham Garton, Dept. of Justice | |
| 1997-08-11 | Correspondence (sent by the Court) to, sent to Tory Tory DesLauriers & Binnington (Toronto, ON) enclosing a copy of the notice to the profession dealing with condensed books c.c. Lang, Michener | |
| 1997-07-31 | Book of authorities, 10 copies of vol. I to III, Completed on: 1997-07-31 | Continental Bank Leasing Corporation |
| 1997-07-31 | Appellant's factum, 24 copies, Completed on: 1997-07-31 | Continental Bank Leasing Corporation |
| 1997-07-03 | Appeal court record, 2 boxes | |
| 1997-07-03 | Certified casebook, 1 copy of vols. 1 to 14 | Continental Bank Leasing Corporation |
| 1997-06-27 | Supplemental document, case on appeal, 24 copies, vols 1 to 5 | Continental Bank Leasing Corporation |
| 1997-06-27 | Case on appeal, 1 complete set vols. 1 to 14 | Continental Bank Leasing Corporation |
| 1997-06-12 |
Decision on the motion for leave to intervene, Ia, 1. The applicant shall be entitled to serve & file a factum not to exceed 20 pages in length and to present oral argument not to exceed 15 min.; 2. The applicant shall not be entitled to adduce further evidence or otherwise to supplement the record apart from its factum and oral submissions Granted, no order as to costs |
|
| 1997-06-12 | Hearing of motion for leave to intervene, 1997-06-12, Ia | |
| 1997-06-12 | Submission of motion for leave to intervene, 1997-06-12, Ia | |
| 1997-04-17 | $10.00 fee for depositing security, receipt #33960 | Continental Bank Leasing Corporation |
| 1997-04-03 | Correspondence (sent by the Court) to, sent to Attorney General of Canada (Toronto, ON) enclosing copy of Rule 32 c.c. Attorney General of Canada | |
| 1997-04-03 | Correspondence (sent by the Court) to, sent to Tory Tory DesLauriers & Binnington, (Toronto, ON) enclosing copy of Rule 32 c.c. Lang, Michener | |
| 1997-04-01 | $500 security deposit paid, receipt #2412 | Continental Bank Leasing Corporation |
| 1997-04-01 | Notice of appeal, With service, Completed on: 1997-04-01 | Continental Bank Leasing Corporation |
| 1997-04-01 | Order granting leave to appeal | |
| 1997-03-07 | Notice of deposit of judgment issued to all parties, Attorney General of Canada | |
| 1997-03-07 | Notice of deposit of judgment issued to all parties, Lang, Michener | |
| 1997-03-06 |
Judgment of the Court on the application for leave to appeal, L'HD So Ia, The applications for leave to appeal are granted. (Joint with 25521). Granted, no order as to costs |
|
| 1997-03-04 | Correspondence received from, from Tory, Tory to A. Roland, letter dated March 4, 1997 (fax copy) re: requesting not to release judgment until after 4 p.m. on Thursday March 6, 1997 (joint with 25521) sent to L'HD So I, March 4/97 | Continental Bank Leasing Corporation |
| 1997-03-04 | Correspondence received from, from Kent Thomson to A. roland, letter dated March 4, 1997 (fax copy) re: Mr. Yaskowich from the Dept. of Justice has confirmed that his client supports the request from the Applicant that the decision on leave to appeal be rendered on March 6, 1997 after | Continental Bank Leasing Corporation |
| 1997-02-10 | General proceeding, (MEMO FROM LH'D - motion for intervention is premature since leave has not yet been granted; it should be presented after and if only leave is granted to the Rota Judge) | |
| 1996-12-18 | General proceeding, 5 copies of reponse to the respondent's opposition to the intervention (SERVICE ADMITTED ON DEC. 17) sent to L'HD, So, I., December 18, 1996. | Continental Bank Leasing Corporation |
| 1996-12-10 | Correspondence received from, (by fax) dated Dec. 10/96 from Kent E. Thomson (Tory Tory) to advise the Court that the applicant supports the motion by the Canadian Bankers' Associationbut does not intend to file material in respect of that motion sent to L'HD, So, I, December 17, 199 | Continental Bank Leasing Corporation |
| 1996-12-09 | General proceeding, 5 copies of the response to the application by the Canadian Bankers' Association for leave intervene sent to L'HD, So, I, December 17, 1996., with service | Her Majesty the Queen |
| 1996-12-06 | All materials on application for leave submitted to the Judges, L'HD So Ia | |
| 1996-12-02 | Proof of service, of notice of leave to intervene sent to L'HD, So, I. | |
| 1996-11-29 | Motion to adduce new evidence, (joint with motion to intervene) - book form sent to L'HD, So, I, December 17, 1996., Completed on: 1996-11-29 | Canadian Bankers' Association |
| 1996-11-29 | $50.00 filing fee for a notice of motion, receipt no. 33118 | Canadian Bankers' Association |
| 1996-11-29 | Motion for leave to intervene, 5 copies (joint with motion for new evidence) book form (SEE LH'D's memo dated Feb. 10, 1997), Completed on: 1996-11-29 | Canadian Bankers' Association |
| 1996-11-08 | Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1996-11-08 | Continental Bank Leasing Corporation |
| 1996-11-04 | Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1996-11-04 | Her Majesty the Queen |
| 1996-10-17 | Correspondence received from, sent to Dept of Justice (Toronto, ON) enclosing copy of letter dated Oct 17/96 sent to applicant | |
| 1996-10-17 | Correspondence received from, sent to Lang, Michener to acknowledge receipt of material commencing a proceeding together with filing fee | |
| 1996-10-04 | Book of authorities, 5 copies of vols. 1 and 2, with service, Completed on: 1996-10-04 | Continental Bank Leasing Corporation |
| 1996-10-04 | $50.00 filing fee, receipt #32736 | Continental Bank Leasing Corporation |
| 1996-10-04 | Application for leave to appeal, 5 copies; vols. 1 and 2, with service, Completed on: 1996-10-04 | Continental Bank Leasing Corporation |
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 |
|---|---|---|
| Continental Bank Leasing Corporation | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Bankers' Association | Intervener | Active |
Counsel
Party: Continental Bank Leasing Corporation
Counsel
3000 AETNA TOWER
PO BOX 270 STN TORONTO DOMINION
TORONTO, Ontario
M5K 1N2
Telephone: (416) 865-0040
FAX: (416) 865-7380
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: Her Majesty the Queen
Counsel
3400 First Canadian Place
PO Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-3110
FAX: (416) 697-3081
Agent
Exchange Tower
130 King Street West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6807
FAX: (416) 973-8253
Email: ggarton@justice.gc.ca
Party: Canadian Bankers' Association
Counsel
Harry Underwood
4700 TD BANK TOWER
PO BOX 48
TORONTO, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386
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
Federal Court of Canada, Trial Division
91-684(IT)G
Appeals from tax assessments allowed
Federal Court of Appeal
A-539-94
See file
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