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.
29660
Attorney General of Canada, et al. v. Air Canada
(Quebec) (Civil) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2004-09-23 | Record returned to the Registrar of the Court of Appeal | |
| 2004-06-03 | Appeal closed | |
| 2004-06-03 | Discontinuance of the appeal, (also faxed to the Quebec Court of Appeal) (sent to the judges on June 3/04) | Attorney General of Canada |
| 2004-05-26 | Notice of appearance, Michel Décary, Q.C. and Patrick Girard will be present at hearing. | Air Canada |
| 2004-04-23 | Appellant's factum, AMENDED (see order of 04/20/04)(sent to the Court 04/26/04), Completed on: 2004-04-23 | Attorney General of Canada |
| 2004-04-20 | Order on motion to amend | |
| 2004-04-20 |
Decision on motion to amend, the factum of the appellant filed on Feb. 20/04, Reg Granted |
|
| 2004-04-20 | Submission of motion to amend, Reg | |
| 2004-04-19 | Response to motion to amend, (Letter Form), from Michel Décary, Q.C dated 04/19/04, Completed on: 2004-04-19 | Air Canada |
| 2004-04-16 | Appeal perfected for hearing | |
| 2004-04-15 | Respondent's book of authorities, (Vol. I, II), Completed on: 2004-04-27 | Air Canada |
| 2004-04-15 | Respondent's factum, (Service rec'd Apr. 27/04), Completed on: 2004-04-27 | Air Canada |
| 2004-04-01 | Notice of hearing sent to parties | |
| 2004-03-31 | Appeal hearing scheduled, 2004-06-14, (previously Apr. 15 - Apr. 14) | |
| 2004-03-23 | Motion to amend, the appellant's factum (namely the format), Completed on: 2004-03-23 | Attorney General of Canada |
| 2004-02-27 | Correspondence received from, Jean-Marc Aubry dated 02/27/04 re: no reference to confidential documents in appellants' record and factum | Attorney General of Canada |
| 2004-02-27 | Appellant's book of authorities, vol. I & II, Completed on: 2004-02-27 | Attorney General of Canada |
| 2004-02-20 | Appellant's factum, (see AMENDED factum filed 04/23/04), Completed on: 2004-02-20 | Attorney General of Canada |
| 2004-02-20 | Appellant's record, vol I to IV, Completed on: 2004-02-20 | Attorney General of Canada |
| 2004-02-03 |
Decision on motion to extend time, to serve and file the appellants record, factum and book of authorities to Feb. 20/04, Reg Granted |
|
| 2004-02-03 | Submission of motion to extend time, Reg | |
| 2004-01-27 | Response to motion to extend time, (Letter Form), M. Décary dated Jan. 27, 2004 (fax copy), Completed on: 2004-01-27 | Air Canada |
| 2004-01-21 | Motion to extend time, to file the factum to Feb. 20, 2004, Completed on: 2004-01-21 | Attorney General of Canada |
| 2003-11-14 | Notice of constitutional question(s), (served on 11/13/03) | Attorney General of Canada |
| 2003-11-12 | Order on motion to state a constitutional question, (BY CHIEF JUSTICE) | |
| 2003-11-12 |
Decision on the motion to state a constitutional question, CJ, 1. La requête de l'intimé visant à obtenir la formulation de questions constitutionnelles est rejetée. 2. La requête des appelants visant à obtenir la formulation de questions constitutionnelles est accordée. LES QUESTIONS CONSTITUTIONNELLES SUIVANTES SONT FORMULÉES: 1. Is s. 104.1 of the Competition Act, R.S.C. 1985, c. 34, as amended, inconsistent with s. 2(e) of the Canadian Bill of Rights, S.C. 1960, c. 44? 2. If the answer to this question is in the affirmative, is s. 104.1 of the Competition Act, R.S.C. 1985, c. 34, as amended, inoperable by reason of such inconsistency? Allowed in part |
|
| 2003-10-23 | Submission of motion to state a constitutional question, CJ | |
| 2003-10-01 | Reply to the motion to state a constitutional question, Completed on: 2003-10-01 | Air Canada |
| 2003-09-25 | Response to the motion to state a constitutional question, Completed on: 2003-09-25 | Attorney General of Canada |
| 2003-09-15 | Motion to state a constitutional question, 2 copies, Completed on: 2003-09-15 | Air Canada |
| 2003-09-12 | Motion to state a constitutional question, Completed on: 2003-09-12 | Attorney General of Canada |
| 2003-09-12 | Notice of appeal, Completed on: 2003-09-12 | Attorney General of Canada |
| 2003-08-27 | Appeal court record, (4 boxes + 1 box) | |
| 2003-08-19 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-08-18 | Judgment on leave sent to the parties | |
| 2003-08-14 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-09-011298-015, dated January 16, 2003, is granted with costs to the applicants in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2003-06-19 | Correspondence received from, Y. de Montigny dated June 11/03 re: confirming no sealed material in the Application for Leave to Appeal | Attorney General of Canada |
| 2003-06-02 | All materials on application for leave submitted to the Judges, CJ Ba De | |
| 2003-05-13 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-04-16 | Respondent's response on the application for leave to appeal, Completed on: 2003-04-16 | Air Canada |
| 2003-03-17 | Book of authorities | Attorney General of Canada |
| 2003-03-17 | Application for leave to appeal, Completed on: 2003-05-13 | Attorney General of Canada |
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 |
|---|---|---|
| Attorney General of Canada | Appellant | Active |
| The Commissioner of Competition | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Air Canada | Respondent | Active |
Counsel
Party: Attorney General of Canada
Counsel
René LeBlanc
East Memorial Building
284 Wellington Street - 2nd floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4663
FAX: (613) 952-6006
Agent
Bank of Canada Building - East Tower
1216 - 234 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: Christopher.Rupar@justice.gc.ca
Party: The Commissioner of Competition
Counsel
East Memorial Building
284 Wellington Street - 2nd floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4663
FAX: (613) 952-6006
Agent
Bank of Canada Building - East Tower
1216 - 234 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: Christopher.Rupar@justice.gc.ca
Party: Air Canada
Counsel
Patrick Girard
1155 boul. René-Lévesque ouest
Bureau 4000
Montréal, Quebec
H3B 3V2
Telephone: (514) 397-3099
FAX: (514) 397-3222
Email: mdecary@stikeman.com
Agent
1600 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 234-4555
FAX: (613) 230-8877
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
Superior Court of Quebec
500-05-060623-004
Requête pour jugement déclaratoire de l'intimée, rejetée
Court of Appeal of Quebec (Montréal)
500-09-011298-015
Appel accueilli; jugement infirmé; requête pour jugement déclaratoire accueillie; art. 104.1 de la Loi sur la concurrence déclaré inopérant
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