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.
26450
Westbank First Nation v. British Columbia Hydro and Power Authority
(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) |
|---|---|---|
| 1999-09-28 | Appeal closed | |
| 1999-09-10 |
Written reasons rendered after oral judgment, CJ G McL Ia Ma Ba Bi, Appeal heard and judgment rendered June 21, 1999. Dismissed, without costs |
|
| 1999-08-24 | Record returned to the Registrar of the Court of Appeal | |
| 1999-06-28 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 1999-06-28 | Copy of formal judgment being prepared | |
| 1999-06-25 | Transcript received, and distributed to the justices (48 pages) | |
| 1999-06-23 | Notice of deposit of judgment sent to all parties | |
| 1999-06-21 |
Judgment on the appeal rendered, ENGLISH REASONS DELIVERED SEPT. 9/99. FRENCH REASONS TO FOLLOW., CJ G McL Ia Ma Ba Bi, THE CHIEF JUSTICE: This appeal is dismissed without costs. The reasons and answers to the constitutional questions to follow. Dismissed, without costs |
|
| 1999-06-21 |
Hearing of the appeal, 1999-06-21, CJ G McL Ia Ma Ba Bi Judgment rendered |
|
| 1999-06-21 | Appellant's condensed book, given in Court | Westbank First Nation |
| 1999-06-17 | Notice of appearance, of George H. Copley and Maureen A. Maloney at the hearing of the appeal | Attorney General of British Columbia |
| 1999-06-16 | Order on motion to extend time, to file the factum | |
| 1999-06-16 | Notice of withdrawal, sent to CJ G McL I Ma Ba Bi, June 18/99 | Attorney General for Ontario |
| 1999-06-14 | Notice of appearance, de Monique Rousseau à l'audition de l'appel | Procureur général du Québec |
| 1999-06-14 | Notice of appearance, of Peter Feldberg, Mrs. Anne Dobson-Mack and Cydney Elofson at the hearing of the appeal | British Columbia Hydro and Power Authority |
| 1999-06-11 |
Decision on motion to extend time, to file the intervenor, Attorney General of British Columbia, factum to June 2, Reg Granted, no order as to costs |
|
| 1999-06-10 | Submission of motion to extend time, by A.G. - B.C., Reg | |
| 1999-06-10 | Response to motion to extend time, to file the factum and authorities of the intervener, A.G. B.C. (fax copy), Completed on: 1999-06-10 | British Columbia Hydro and Power Authority |
| 1999-06-09 | Notice of appearance, from Gowling, Strathy | Westbank First Nation |
| 1999-06-02 | Motion to extend time, to file the factum and authorities to June 2, 1999 (1 copy), Completed on: 1999-06-02 | Attorney General of British Columbia |
| 1999-06-02 | Book of authorities, Completed on: 1999-06-02 | Attorney General of British Columbia |
| 1999-06-02 | Intervener's factum, Completed on: 1999-06-02 | Attorney General of British Columbia |
| 1999-05-14 | Book of authorities, (extension requested), Completed on: 1999-05-14 | Attorney General of Manitoba |
| 1999-05-14 | Intervener's factum, (extension requested), Completed on: 1999-05-14 | Attorney General of Manitoba |
| 1999-05-11 | Notice of hearing | Westbank First Nation |
| 1999-05-07 | Book of authorities, Incomplete | Procureur général du Québec |
| 1999-05-07 | Intervener's factum, Completed on: 1999-05-12 | Procureur général du Québec |
| 1999-04-15 | Order on motion to extend time, to serve & file the appellant's factum to Feb. 15,/99 and its book of authorities to Feb. 19/99. | |
| 1999-04-13 |
Decision on motion to extend time, to serve & file the appellant's factum to Feb. 15,/99 and its book of authorities to Feb. 19/99., Reg Granted, no order as to costs |
|
| 1999-04-13 | Submission of motion to extend time, Reg | |
| 1999-04-12 | Respondent's book of authorities, Vol. I & II (service missing), Completed on: 1999-04-15 | British Columbia Hydro and Power Authority |
| 1999-04-12 | Respondent's factum, (service missing), Completed on: 1999-04-15 | British Columbia Hydro and Power Authority |
| 1999-04-08 |
Appeal hearing scheduled, 1999-06-21 Judgment rendered |
|
| 1999-04-08 | Appeal perfected for hearing, Session beginning on 1999-04-19 | |
| 1999-03-30 | Motion to extend time, to file the factum to Feb. 15, 1999 and Authorities to Feb. 19, 1999, Completed on: 1999-03-30 | Westbank First Nation |
| 1999-02-19 | Appellant's book of authorities, (Vol. I, II and III ) (extension of time requested), Completed on: 1999-03-02 | Westbank First Nation |
| 1999-02-15 | Appellant's factum, Completed on: 1999-02-15 | Westbank First Nation |
| 1999-01-11 | Notice of intervention respecting a constitutional question | Attorney General for Ontario |
| 1999-01-11 | Notice of intervention respecting a constitutional question | Attorney General of Manitoba |
| 1999-01-06 | Notice of intervention respecting a constitutional question | Procureur général du Québec |
| 1999-01-04 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 1998-12-10 | Notice of constitutional question(s) | Westbank First Nation |
| 1998-12-09 | Order on motion to state a constitutional question | |
| 1998-12-01 | Decision on the motion to state a constitutional question, notices of intention to intervene are to be filed no later than Jan. 11/99 (for questions see file), CJ | |
| 1998-11-30 | General proceeding, memorandum of the respondent on motion to state Constitutional Questions | British Columbia Hydro and Power Authority |
| 1998-11-27 | General proceeding, WRITTEN SUBMISSIONS re: Constitutional Questions (2 copies bookform) | Westbank First Nation |
| 1998-11-12 | Correspondence (sent by the Court) to, Lawson Lundell Lawson & McIntosh re: video conference on Dec. 1/98 | |
| 1998-11-10 | Appellant's record, Completed on: 1998-11-16 | Westbank First Nation |
| 1998-09-16 | Submission of motion to state a constitutional question, CJ | |
| 1998-09-16 | Correspondence (sent by the Court) to, from Lawson, Lundell to L. Meagher, letter dated Sept. 8, 1998 re: const. questions | |
| 1998-09-11 | Proof of service, of the Motion to state a constitutional question (service admitted on Sept. 11/98) | |
| 1998-09-10 | $50.00 filing fee for notice of motion, receipt no. 31149 | Westbank First Nation |
| 1998-09-10 | Motion to state a constitutional question, 1 copy, Completed on: 1998-09-10 | Westbank First Nation |
| 1998-08-18 | Appeal court record, (1 env.) | |
| 1998-07-24 | Correspondence (sent by the Court) to, sent to Woodward & Company and Lawson Lundell Lawson & McIntosh re: Rule 32 | |
| 1998-07-24 | Order granting leave to appeal | |
| 1998-07-22 | Notice of appeal, Completed on: 1998-07-22 | Westbank First Nation |
| 1998-06-18 |
Judgment of the Court on the application for leave to appeal, CJ McL Ia, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1998-06-18 | Notice of deposit of judgment issued to all parties, all parties | |
| 1998-05-29 | All materials on application for leave submitted to the Judges, CJ McL Ia | |
| 1998-03-26 | General proceeding, C.A. Order (TO BE DISTRIBUTED) | Westbank First Nation |
| 1998-03-05 | Applicant's reply to respondent's argument, 5 copies, Completed on: 1998-03-05 | Westbank First Nation |
| 1998-03-05 | Proof of service, of the applicant's reply (book form) | |
| 1998-02-27 | Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1998-02-27 | British Columbia Hydro and Power Authority |
| 1998-02-09 | Proof of service, of leave application (service admitted on Jan. 27, 1998) | |
| 1998-02-05 | Correspondence received from, sent to Gowling, Strathy & Henderson and Lawson Lundell Lawson & McIntosh re: receipt of application for leave to appeal | |
| 1998-01-23 | Court of Appeal casebooks and transcripts of evidence, 5 copies of Appeal Book | |
| 1998-01-23 | $50.00 filing fee, receipt #28486 | Westbank First Nation |
| 1998-01-23 | Application for leave to appeal, 5 copies (missing C.A. Order), with service, Completed on: 1998-03-26 | Westbank First Nation |
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 |
|---|---|---|
| Westbank First Nation | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| British Columbia Hydro and Power Authority | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Procureur général du Québec | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Manitoba | Intervener | Active |
Counsel
Party: Westbank First Nation
Counsel
Robert J.M. Janes
Patricia Hutchings
4th Floor - 848 Courtney Street
Victoria, British Columbia
V8W 1C4
Telephone: (250) 383-2356
FAX: (250) 380-6560
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: British Columbia Hydro and Power Authority
Counsel
Cydney J. Elofson
Anne Dobson-Mack
1600 - 925 Georgia St West
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 631-9248
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Procureur général du Québec
Counsel
René Morin
1, rue Notre-Dame est
8e étage
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336
FAX: (514) 873-7074
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General of British Columbia
Counsel
Jeffrey M. Loenen
P.O. Box 9280 Stn Prov Govt
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8400
FAX: (250) 356-9154
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Attorney General of Manitoba
Counsel
715 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-0679
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
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
95 2697
Applicant's claim for unpaid taxes against B.C. Hydro dismissed
Court of Appeal for British Columbia (Vancouver)
CA V02880
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
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