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22829

Allard Contractors Ltd., et al. v. Corporation of the District of Coquitlam, et al.

(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)
1997-09-09 Appeal closed
1994-03-16 Correspondence (sent by the Court) to, sent to Court of Appeal of B.C. enclosing their record
1993-12-06 Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver)
1993-12-06 Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON)
1993-12-06 Copy of formal judgment being prepared, Harper, Grey, Easton & Company (Vancouver, BC)
1993-12-06 Copy of formal judgment being prepared, Department of Justice (Ottawa, ON)
1993-12-06 Copy of formal judgment being prepared, Scott & Aylen (Ottawa, ON)
1993-12-06 Copy of formal judgment being prepared, Constitutional Law (Edmonton, AB)
1993-12-06 Copy of formal judgment being prepared, Osler, Hoskin & Harcourt (Ottawa, ON)
1993-12-06 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1993-12-06 Copy of formal judgment being prepared, Noël, Berthiaume, Aubry & Ass. (Hull, QC)
1993-11-18 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is dismissed with costs.
Dismissed, with costs
1993-11-18 Notice of deposit of judgment sent to all parties, Noël, Berthiaume, Aubry & Associés
1993-11-18 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1993-11-18 Notice of deposit of judgment sent to all parties, Osler, Hoskin & Harcourt (Ottawa, ON)
1993-11-18 Notice of deposit of judgment sent to all parties, Constitutional Law (Edmonton, AB)
1993-11-18 Notice of deposit of judgment sent to all parties, Scott & Aylen (Ottawa, ON)
1993-11-18 Notice of deposit of judgment sent to all parties, Department of Justice (Ottawa, ON)
1993-11-18 Notice of deposit of judgment sent to all parties, Harper, Grey, Easton & Company (Vancouver, BC)
1993-11-18 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON)
1993-07-12 Close file on Leave
1993-06-09 General proceeding, transcript received and distributed to the judges (165 pages)
1993-06-01 Order on miscellaneous motion, permitting the filling of their factum without the marginal numbering., with service
1993-05-26 Hearing of the appeal, 1993-05-26, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1993-05-20 Book of authorities, 10 copies, with service Attorney General of British Columbia
1993-05-19 Correspondence (sent by the Court) to, (by fax) from Paul T. McGivern; re: that Mr. James M. Leep, Loreen M. Williams and himself will appear at the hearing and will require 45 minutes for argument and 20 minutes for the reply
1993-05-18 Correspondence (sent by the Court) to, from P. Wilson indicating that E. Chiasson and S. Antle will argue for 1 hour at the hearing
1993-05-17 Proof of service, (1 copy of the factum)
1993-05-17 Proof of service, of the joint book of authorities, vol 1 and 2 to Att. Gen. Ontario
1993-05-17 Proof of service, of the joint book of authorities, vol. 1 and 2 to Att. Gen. Alta.
1993-05-13 Intervener's factum, 24 copies, with service Attorney General for Ontario
1993-05-13 Proof of service, 1 copy of factum, with service
1993-05-12 Book of authorities, 10 copies of vols. 1 and 2, with service Allard Contractors Ltd.
1993-05-12 Decision on miscellaneous motion, permitting the filing of the factum without the marginal numbering,, Reg
Granted, no order as to costs
1993-05-12 Hearing of miscellaneous motion, 1993-05-12, permitting the filing of the factum without the marginal numbering,, Reg
1993-05-12 Submission of miscellaneous motion, 1993-05-12, permitting the filing of the factum without the marginal numbering,, Reg
1993-05-12 Decision on miscellaneous motion, to file their factum in its present form namely with no marginal numbering every 10th line, Reg
Granted, no order as to costs
1993-05-12 Hearing of miscellaneous motion, 1993-05-12, to file their factum in its present form namely with no marginal numbering every 10th line, Reg
1993-05-12 Submission of miscellaneous motion, 1993-05-12, to file their factum in its present form namely with no marginal numbering every 10th line, Reg
1993-05-12 Intervener's factum, 24 copies Attorney General of Alberta
1993-05-10 Intervener's factum, 24 copies, with service Attorney General of British Columbia
1993-05-10 Correspondence (sent by the Court) to, (by fax) from Scott & Aylen; re: no objection to the intervenor, A.G. Quebec, filing their factum without the margin line numbering
1993-05-06 Intervener's factum, 24 copies Attorney General of Canada
1993-05-06 Decision on motion to extend time, to serve and file the respondents factum to April 21, 1993., Reg
Granted, no order as to costs
1993-05-06 Hearing of motion to extend time, 1993-05-06, to serve and file the respondents factum to April 21, 1993., Reg
1993-05-06 Submission of motion to extend time, 1993-05-06, to serve and file the respondents factum to April 21, 1993., Reg
1993-05-05 Response to motion to extend time, to serve and file the respondent's factum to April 21/93 Corporation of the District of Maple Ridge
1993-05-05 Response to motion to extend time, to serve and file the respondent's factum to Apr. 21/93 Allard Contractors Ltd.
1993-05-05 Affidavit, to serve and file the factum to Apr. 21/93; P.T. McGivern Corporation of the District of Coquitlam
1993-05-05 Motion to extend time, to serve and file the factum to Apr. 21/93 Corporation of the District of Coquitlam
1993-05-04 Proof of service, of motion to have factum accepted (namely no marginal lining)
1993-04-30 Response to miscellaneous motion, that A.G. Quebec's factum to accepted as filed (namely no marginal lining) Corporation of the District of Maple Ridge
1993-04-29 Proof of service, of Derek Leblanc (1 copy)
1993-04-29 Affidavit, for an Order accepting the factum as filed (namely no marginal lining); Monique Rousseau Attorney General of Quebec
1993-04-29 Notice of miscellaneous motion, for an Order accepting the factum as filed (namely no maginal lining) Attorney General of Quebec
1993-04-29 Proof of service, of factum
1993-04-28 Notice of withdrawal, With service Attorney General of Manitoba
1993-04-27 Proof of service, 1 copy of factum, with service
1993-04-27 Intervener's factum, 24 copies (motion to have factum accepted as filed requested - 10 marginal lining) Attorney General of Quebec
1993-04-23 Service, copy of the respondent's factum
1993-04-23 Appeal hearing scheduled, 1993-05-26
Decision reserved
1993-04-21 Respondent's factum, 23 copies (extension of time requested) Corporation of the District of Coquitlam
1993-04-21 Order on motion to file a reply factum on appeal, With service
1993-04-21 Reply factum on appeal, 24 copies, with service Allard Contractors Ltd.
1993-04-19 Correspondence (sent by the Court) to, (original) from Osler, Hoskin; re: neither oppose nor consent to the motion of the appellants to file a reply factum
1993-04-16 Response to motion to file a reply factum on appeal, (by fax) Corporation of the District of Coquitlam
1993-04-16 Decision on the motion to file a reply factum on appeal, So
Granted, no order as to costs
1993-04-16 Hearing of motion to file a reply factum on appeal, 1993-04-16, So
1993-04-16 Submission of motion to file a reply factum on appeal, 1993-04-16, So
1993-04-14 Correspondence (sent by the Court) to, from Patricia J. Wilson indicating 2 errors in the respondent's factum (District of Maple Ridge) (TO BE DISTRIBUTED TO THE JUDGES) - fax copy (original received on 16-04-93)
1993-04-14 Correspondence (sent by the Court) to, (by fax) from Osler, Hoskin; re: neither oppose nor consent to the motion of the appellant to file a reply factum
1993-04-08 Affidavit, Charles F. Willms, with service Allard Contractors Ltd.
1993-04-08 Motion to file a reply factum on appeal, With service Allard Contractors Ltd.
1993-03-26 Respondent's factum, 24 copies, with service Corporation of the District of Maple Ridge
1993-03-01 Appeal perfected for hearing, Session beginning on 1993-04-26
1993-02-10 Proof of service, of factum
1993-02-01 Appellant's factum, 25 copies, with service Allard Contractors Ltd.
1993-01-11 Order on motion to file a lengthy factum, Motion allowed in part, the factum of the appellant shall not exceed 60 pages., with service
1993-01-04 Appeal court record, (accordeon)
1992-12-17 Proof of service, of Case on Appeal
1992-12-14 Notice of intervention respecting a constitutional question, With service Attorney General of Alberta
1992-12-14 Notice of intervention respecting a constitutional question, With service Attorney General of Manitoba
1992-12-14 Notice of intervention respecting a constitutional question, With service Attorney General for Ontario
1992-12-14 Notice of intervention respecting a constitutional question, With service Attorney General of Canada
1992-12-08 Decision on motion to file a lengthy factum, (reserved and later the same day the following is ordered: The motion is allowed in part, the factum of the appellants shall not exceed 60 pages., Reg
Granted, no order as to costs
1992-12-08 Hearing of motion to file a lengthy factum, 1992-12-08, (reserved and later the same day the following is ordered: The motion is allowed in part, the factum of the appellants shall not exceed 60 pages., Reg
1992-12-08 Submission of motion to file a lengthy factum, 1992-12-08, (reserved and later the same day the following is ordered: The motion is allowed in part, the factum of the appellants shall not exceed 60 pages., Reg
1992-12-04 Correspondence (sent by the Court) to, (original) from Osler; re: neither oppose nor consent to the appellant's motion to file a factum in excess of 40 pages
1992-12-04 Certified casebook, vol. I to III (service admitted on Nov. 30, 1992), with service Allard Contractors Ltd.
1992-12-03 Correspondence (sent by the Court) to, (by fax) from Gowling; re: does not oppose the motion of the appellants' to file a factum in excess of 40 pages
1992-12-03 Correspondence (sent by the Court) to, (by fax) from Osler, re: neither oppose nor consent to the appellants' motion to file a factum in excess of 40 pages
1992-12-03 Affidavit, (original) Helen H. Low Allard Contractors Ltd.
1992-12-03 Proof of service, of Case on Appeal
1992-12-01 Affidavit, which would not exceed 80 pages; Helen H. Low, with service Allard Contractors Ltd.
1992-12-01 Motion to file a lengthy factum, which would not exceed 80 pages, with service Allard Contractors Ltd.
1992-11-30 Case on appeal, 23 copies of vol. 1 to 3 Allard Contractors Ltd.
1992-11-27 Notice of intervention respecting a constitutional question, With service Attorney General of British Columbia
1992-11-26 Notice of intervention respecting a constitutional question, With service Attorney General of Quebec
1992-11-18 Proof of service, of constitutional questions
1992-11-17 Proof of service, of Notice re: constitutional questions
1992-11-17 Notice of constitutional question(s), With service Allard Contractors Ltd.
1992-11-17 Order on motion to state a constitutional question, With service
1992-11-10 Decision on the motion to state a constitutional question, for constitutional questions see file or Reg's red book #9 @p.38. Interventions by Dec/14/1992, CJ
Granted, no order as to costs
1992-11-10 Hearing of the motion to state a constitutional question, 1992-11-10, for constitutional questions see file or Reg's red book #9 @p.38. Interventions by Dec/14/1992, CJ
1992-11-10 Submission of motion to state a constitutional question, 1992-11-10, for constitutional questions see file or Reg's red book #9 @p.38. Interventions by Dec/14/1992, CJ
1992-11-09 Response to the motion to state a constitutional question Corporation of the District of Maple Ridge
1992-11-06 Response to the motion to state a constitutional question Corporation of the District of Coquitlam
1992-10-23 Response to the motion to state a constitutional question Corporation of the District of Coquitlam
1992-10-05 Motion to state a constitutional question, 2 copies, with service Allard Contractors Ltd.
1992-09-03 Notice of deposit of security, With service
1992-09-01 Notice of appeal, 1 copy, with service Allard Contractors Ltd.
1992-09-01 $500 security deposit paid, Direction #2235 Allard Contractors Ltd.
1992-06-18 Order granting leave to appeal, With service
1992-06-04 Notice of deposit of judgment issued to all parties, Scott & Aylen (Ottaw,ON)
1992-06-04 Notice of deposit of judgment issued to all parties, Harper, Grey, Easton (Vancouver,BC)
1992-06-04 Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt (Ottawa,ON)
1992-06-04 Judgment of the Court on the application for leave to appeal, LaF So G, the application for leave to appeal is granted.
Granted, no order as to costs
1992-06-04 Hearing of the application for leave to appeal, 1992-06-04, LaF So G
1992-06-04 All materials on application for leave submitted to the Judges, 1992-06-04, LaF So G
1992-04-07 All materials on application for leave submitted to the Judges, LaF So G
1992-03-05 Order on motion to extend time, to serve and file the respondent's response.
1992-03-02 Proof of service, of Response of Corp. of the District of Maple Ridge
1992-02-27 Decision on motion to extend time, to serve and file the respondent's argument to Feb\24\1992, Reg
Granted, no order as to costs
1992-02-27 Hearing of motion to extend time, 1992-02-27, to serve and file the respondent's argument to Feb\24\1992, Reg
1992-02-27 Submission of motion to extend time, 1992-02-27, to serve and file the respondent's argument to Feb\24\1992, Reg
1992-02-26 Response to motion to extend time, to file the respondent's response to Feb.24, 1992 (consent on page 6 top left corner) Corporation of the District of Maple Ridge
1992-02-25 Applicant's reply to respondent's argument, 5 copies Allard Contractors Ltd.
1992-02-24 Response to motion to extend time, (letter form) to file the respondent's response to Feb. 24, 1992 Allard Contractors Ltd.
1992-02-24 Respondent's response on the application for leave to appeal, 5 copies Corporation of the District of Coquitlam
1992-02-24 Affidavit, to serve & file response to Feb 24, 1992 Corporation of the District of Coquitlam
1992-02-24 Motion to extend time, to serve & file response to Feb 24, 1992 Corporation of the District of Coquitlam
1992-02-20 Respondent's response on the application for leave to appeal, 5 copies Corporation of the District of Maple Ridge
1992-02-17 Order on motion to extend time, to serve and file a respondent's response to the application for leave to appeal., with service
1992-02-13 Application for leave to appeal, as formal orders filed, Completed on: 1992-02-13
1992-02-13 General proceeding, Orders of trial and appeal court Allard Contractors Ltd.
1992-02-11 Decision on motion to extend time, to serve and file the respondent's response to the application for leave to appeal to Feb\24\1992., Reg
Granted, no order as to costs
1992-02-11 Hearing of motion to extend time, 1992-02-11, to serve and file the respondent's response to the application for leave to appeal to Feb\24\1992., Reg
1992-02-11 Submission of motion to extend time, 1992-02-11, to serve and file the respondent's response to the application for leave to appeal to Feb\24\1992., Reg
1992-02-10 Service, of notice of motion to extend time to serve and file the response
1992-02-06 Response to motion to extend time, to serve and file the response to Feb. 24/92 (letterform) Allard Contractors Ltd.
1992-02-06 Affidavit, to serve and file the response to Feb. 24/92; Stephen Antle Corporation of the District of Maple Ridge
1992-02-06 Motion to extend time, to serve and file the response to Feb. 24/92 Corporation of the District of Maple Ridge
1992-02-06 Book of authorities, **entered in error** Corporation of the District of Coquitlam
1992-02-05 Correspondence received from, sent to Scott & Aylen (Ottawa,ON) acknowledging receipt of application for leave. Regret to advise that material does not comply with Court's requirements as formal order of trial and appeal Court missing. Application will not be referred until it compl
1992-01-24 $30.00 filing fee, receipt #23857 Allard Contractors Ltd.
1992-01-24 Application for leave to appeal, 5 copies (missing trial and appeal court Orders), with service, Incomplete Allard Contractors Ltd.

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
Allard Contractors Ltd. Applicant Active

v.

Main parties - Respondents
Name Role Status
Corporation of the District of Coquitlam Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Thornhill Aggregates Ltd. Applicant Active

v.

Sub parties (1) - Respondents
Name Role Status
Corporation of the District of Maple Ridge Respondent Active

And Between

Sub parties (2) - Appellants
Name Role Status
Kirkpatrick Sand & Gravel Co. Ltd. Applicant Active

v.

Sub parties (2) - Respondents
Name Role Status
Corporation of the District of Maple Ridge Respondent Active

And Between

Sub parties (3) - Appellants
Name Role Status
Allard Contractors Ltd. Applicant Active

v.

Sub parties (3) - Respondents
Name Role Status
Corporation of the District of Coquitlam Respondent Active

And Between

Sub parties (4) - Appellants
Name Role Status
Kirkpatrick Sand & Gravel Co. Ltd. Applicant Active

v.

Sub parties (4) - Respondents
Name Role Status
Corporation of the District of Maple Ridge Respondent Active

Other parties

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

Counsel

Party: Allard Contractors Ltd.

Counsel
Charles F. Willms
William S. Berardino, Q.C.
Fasken Martineau DuMoulin
2100 - 1075 Georgia St West
Vancouver, British Columbia
V6E 3G2
Telephone: (604) 631-3131
FAX: (604) 631-3232
Agent
James I. Minnes
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Thornhill Aggregates Ltd.

Counsel
Charles F. Willms
Fasken Martineau DuMoulin
2100 - 1075 Georgia St West
Vancouver, British Columbia
V6E 3G2
Telephone: (604) 631-3131
FAX: (604) 631-3232
Agent
James I. Minnes
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Kirkpatrick Sand & Gravel Co. Ltd.

Counsel
Charles F. Willms
Fasken Martineau DuMoulin
2100 - 1075 Georgia St West
Vancouver, British Columbia
V6E 3G2
Telephone: (604) 631-3131
FAX: (604) 631-3232
Agent
James I. Minnes
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Corporation of the District of Coquitlam

Counsel
Paul T. McGivern
Harper Grey Easton
3100 - 650 West Georgia Street
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 687-0411
FAX: (604) 669-9385
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Corporation of the District of Maple Ridge

Counsel
Edward C. Chiasson, Q.C.
Ladner Downs
200 BURRARD ST
PO BOX 48600 STN BENTALL CTR
VANCOUVER, British Columbia
V7X 1T2
Telephone: (604) 687-5744
FAX: (604) 687-1415
Agent
Michael L. Phelan
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867

Party: Attorney General of British Columbia

Counsel
George H. Copley, Q.C.
George H. Copley
Attorney General of British Columbia
P.O. Box 9280 Stn. Prov. Govt.
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8400
FAX: (250) 356-9154
Agent
W.G. Burke-Robertson, Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General of Quebec

Counsel
Madelaine Aubé
Monique Rousseau
Procureur général du Québec
1200 RTE DE L'ÉGLISE
2e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-4090
FAX: (418) 646-1696
Agent
Sylvie Roussel
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Attorney General of Alberta

Counsel
Nolan D. Steed
Nolan D. Steed
Attorney General of Alberta
300 - 10199, 101 ST NW
EDMONTON, Alberta
T5J 3Y4
Telephone: (403) 495-2983
FAX: (780) 425-0307

Party: Attorney General of Canada

Counsel
Gerald Donegan, Q.C.
Linda J. Wall
Attorney General of Canada
900 - 840 Howe St.
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-1879
FAX: (604) 666-1599
Email: gerald.donegan@justice.gc.ca

Party: Attorney General for Ontario

Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

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

July 28, 1988
Supreme Court of British Columbia

Not available

Actions allowed in part (see file)

November 28, 1991
Court of Appeal for British Columbia (Vancouver)

CA009760

Appeal allowed from judgment of Trainor J.; others dismissed (see file)

Memorandums of argument on application for leave to appeal

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 filing 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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Factums on appeal

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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Webcasts

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Date modified: 2025-05-13