Case information
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25604
Consortium Developments (Clearwater) Ltd., et al. v. Corporation of the City of Sarnia, et al.
(Ontario) (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) |
|---|---|---|
| 1999-01-26 | Record returned to the Registrar of the Court of Appeal | |
| 1998-10-22 | Written reasons rendered after oral judgment, CJ L'HD G McL Ia Ba Bi | |
| 1998-09-25 | Appeal closed | |
| 1998-03-30 | General proceeding, transcripts received and distributed to the judges (62 pages) | |
| 1998-03-30 | Copy of formal judgment being prepared, all parties | |
| 1998-03-25 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto, Ontario) | |
| 1998-03-16 |
Judgment on the appeal rendered, CJ L'HD G McL Ia Ba Bi Dismissed, with costs |
|
| 1998-03-16 |
Hearing of the appeal, 1998-03-16, CJ L'HD G McL Ia Ba Bi Judgment rendered |
|
| 1998-03-16 | General proceeding, 10 copies of Condensed Book of Evidence (given in Court by the Appellant) | Consortium Developments (Clearwater) Ltd. |
| 1998-03-12 | Notice of appearance, (George H. Rust-D'Eye and Barnet H. Kussner) (fax copy) | Corporation of the City of Sarnia |
| 1998-03-12 |
Decision on motion to extend time, to file their factum to Mar. 2/98, Reg Granted, no order as to costs |
|
| 1998-03-12 | Hearing of motion to extend time, 1998-03-12, to file their factum to Mar. 2/98, Reg | |
| 1998-03-12 | Submission of motion to extend time, 1998-03-12, to file their factum to Mar. 2/98, Reg | |
| 1998-03-12 | Response to motion to extend time, to file the A.G. Sask. factum to March 2, 1998 (joint consent with the Respondent) (fax copy), Completed on: 1998-03-12 | Consortium Developments (Clearwater) Ltd. |
| 1998-03-12 | Correspondence (sent by the Court) to, from Gowling re: duration of argument | |
| 1998-03-04 | Affidavit, to file the intervener's factum to March 2, 1998 (J. T. Irvine), with service | Attorney General of Saskatchewan |
| 1998-03-04 | $50.00 filing fee for notice of motion, receipt no. 30207 | Attorney General of Saskatchewan |
| 1998-03-04 | Motion to extend time, to file the factum to March 2, 1998, with service, Completed on: 1998-03-04 | Attorney General of Saskatchewan |
| 1998-03-02 | Intervener's factum, 24 copies (extension of time requested), with service, Completed on: 1998-03-02 | Attorney General of Saskatchewan |
| 1998-02-20 | Book of authorities, 10 COPIES, with service, Completed on: 1998-02-20 | Corporation of the City of Sarnia |
| 1998-02-13 | Book of authorities, 10 copies, with service, Completed on: 1998-02-13 | Consortium Developments (Clearwater) Ltd. |
| 1998-01-23 | Notice of hearing, With service | Consortium Developments (Clearwater) Ltd. |
| 1998-01-14 |
Appeal hearing scheduled, 1998-03-16 Judgment rendered |
|
| 1997-11-07 | Correspondence (sent by the Court) to, from Nolan D. Steed; re: the Attorney General of Alberta will not intervene in this appeal | |
| 1997-10-20 | Order on motion for leave to intervene | |
| 1997-10-17 |
Decision on the motion for leave to intervene, Factum not to exceed 20 pages and oral argument is limited to 15 minutes, Co Granted, no order as to costs |
|
| 1997-10-17 | Hearing of motion for leave to intervene, 1997-10-17, Factum not to exceed 20 pages and oral argument is limited to 15 minutes, Co | |
| 1997-10-17 | Submission of motion for leave to intervene, 1997-10-17, Factum not to exceed 20 pages and oral argument is limited to 15 minutes, Co | |
| 1997-10-17 |
Decision on motion to extend time, to intervene, Co Granted, no order as to costs |
|
| 1997-10-17 | Hearing of motion to extend time, 1997-10-17, to intervene, Co | |
| 1997-10-17 | Submission of motion to extend time, 1997-10-17, to intervene, Co | |
| 1997-10-06 | Response to the motion for leave to intervene, by Att. Gen. of Saskatchewan (Siskind, Cromarty) (fax copy), Completed on: 1997-10-06 | Consortium Developments (Clearwater) Ltd. |
| 1997-10-06 | Response to the motion for leave to intervene, by Att. Gen. of Saskatchewan (Weir & Foulds) (fax copy), Completed on: 1997-10-06 | Corporation of the City of Sarnia |
| 1997-10-02 | Affidavit, of John D. Whyte (joint affidavit) | Attorney General of Saskatchewan |
| 1997-10-02 | $50.00 filing fee for notice of motion, receipt no. 34867 | Attorney General of Saskatchewan |
| 1997-10-02 | Motion to extend time, (to file the motion to intervene, see affidavit in support), Completed on: 1997-10-02 | Attorney General of Saskatchewan |
| 1997-10-02 | Motion for leave to intervene, (joint with extension of time), Completed on: 1997-10-02 | Attorney General of Saskatchewan |
| 1997-09-18 | Respondent's factum, 24 copies, with service, Completed on: 1997-09-18 | Corporation of the City of Sarnia |
| 1997-09-16 | Appeal perfected for hearing, Session beginning on 1998-01-19 | |
| 1997-09-10 | Order on motion to extend time, to file their factum | |
| 1997-09-10 |
Decision on motion to extend time, to file their factum to Aug. 18/97, DeRg Granted, no order as to costs |
|
| 1997-09-10 | Hearing of motion to extend time, 1997-09-10, to file their factum to Aug. 18/97, DeRg | |
| 1997-09-10 | Submission of motion to extend time, 1997-09-10, to file their factum to Aug. 18/97, DeRg | |
| 1997-09-08 | Proof of service, of the appellant's factum | |
| 1997-08-28 | Response to motion to extend time, to file the appellant's factum to Aug. 18, 1997 (fax copy), Completed on: 1997-08-28 | Corporation of the City of Sarnia |
| 1997-08-26 | Correspondence (sent by the Court) to, from Jean K. Samson of Min. of Justice to A. Roland, letter dated August 21, 1997 re: Min. de la Justice et le Prov. gén. du Québec ne prendont pas part à cet appel | |
| 1997-08-18 | Appellant's factum, 24 copies (extension requested), Completed on: 1997-08-18 | Consortium Developments (Clearwater) Ltd. |
| 1997-08-18 | Affidavit, to file the appellant's factum to Aug. 18, 1997 (Susan J. Stamm) (original fild Aug. 21\97) | Consortium Developments (Clearwater) Ltd. |
| 1997-08-18 | $50.00 filing fee for notice of motion, receipt no. 34595 | Consortium Developments (Clearwater) Ltd. |
| 1997-08-18 | Motion to extend time, to file the appellant's factum to Aug. 18, 1997, Completed on: 1997-08-18 | Consortium Developments (Clearwater) Ltd. |
| 1997-08-14 | Correspondence (sent by the Court) to, dated August 4/97 from Northwest Territories Justice (Scott Duke) re: does not intend to participate in this matter | |
| 1997-08-13 | Appeal court record, (1 box) | |
| 1997-08-12 | Certified casebook, 1 copy of vols. 1 to 4, with service | Consortium Developments (Clearwater) Ltd. |
| 1997-08-05 | Correspondence (sent by the Court) to, from A.G. Newfoundland; re: will not be intervenin g in this case | |
| 1997-07-30 | Correspondence (sent by the Court) to, accusé de réception par le cabinet du Ministre de la Justice du Québec de la lettre du Registraire du 16 juillet 1997 | |
| 1997-07-30 | Correspondence (sent by the Court) to, from R. Endres of Dept. of Justice, Nova Scotia to A. Roland, letter dated July 24, 1997 re: A.G. Nova Scotia will not seek to intervene in this matter | |
| 1997-07-16 | Correspondence (sent by the Court) to, envoyé au P.g. du Québec (Sainte-Foy, QC) au sujet de l'ordonnance datée du 10 juin/97. L'appel sera probablement entendu pendant la session commençant le 19 janvier/98. Ci-joint le texte des moyens que les appelants ont invoqués à l' appui de leur dema | |
| 1997-07-16 | Correspondence (sent by the Court) to, sent to A.G.'s of Canada, AB, BC, SK, MN, ON, NB, PE, NS, NF, and Min. of Justice's, YT, NT, re: order dated June 10/97. The appeal will most likely be scheduled for hearing during the session commencing January 19/98. Enclosing for reference a copy of | |
| 1997-07-15 | Correspondence (sent by the Court) to, sent to Weir & Foulds (Toronto, ON) enclosing a copy of the notice to the profession dealing with condensed books | |
| 1997-07-15 | Correspondence (sent by the Court) to, sent to Miller Thomson (Toronto, ON) enclosing a copy of the notice to the profession dealing with condensed books | |
| 1997-07-15 | Correspondence (sent by the Court) to, sent to Gignac, Sutts (Windsor, ON) enclosing a copy of the notice to the profession dealing with condensed books | |
| 1997-07-15 | Correspondence (sent by the Court) to, sent to Gowling, Strathy & Henderson (Toronto, ON) enclosing a copy of the notice to the profession dealing with condensed books | |
| 1997-07-10 | Case on appeal, 23 copies of vol. 1 to 4 | Consortium Developments (Clearwater) Ltd. |
| 1997-06-26 | Correspondence (sent by the Court) to, (by fax) from George H. Rust-D'Eye; re: constitutional issue; requesting that notice be given to Atttorneys-General | |
| 1997-06-10 |
Decision on the motion to state a constitutional question, The application is dismissed on the ground that this case does not raise a constitutional question within the terms of Rule 32 of the Rules of the S.C.C., CJ Dismissed, no order as to costs |
|
| 1997-06-10 | Hearing of the motion to state a constitutional question, 1997-06-10, The application is dismissed on the ground that this case does not raise a constitutional question within the terms of Rule 32 of the Rules of the S.C.C., CJ | |
| 1997-06-10 | Submission of motion to state a constitutional question, 1997-06-10, The application is dismissed on the ground that this case does not raise a constitutional question within the terms of Rule 32 of the Rules of the S.C.C., CJ | |
| 1997-06-05 | $50.00 filing fee for notice of motion, for const. question receipt #34276 | Consortium Developments (Clearwater) Ltd. |
| 1997-06-04 | General proceeding, (consent to the constitutional question by Socilitors of City of Sarnia Judicial Inquiry - not a party) (fax copy) | |
| 1997-06-04 | Response to the motion to state a constitutional question, (Gignac, Sutts) (joint with MacPump Dev. Ltd.), Completed on: 1997-06-04 | James Pumple |
| 1997-06-04 | Response to the motion to state a constitutional question, (Miller, Thomson), Completed on: 1997-06-04 | Lambton County Roman Catholic Separate School Board |
| 1997-06-04 | Response to the motion to state a constitutional question, (Weir & Foulds), Completed on: 1997-06-04 | Corporation of the City of Sarnia |
| 1997-06-04 | Motion to state a constitutional question, ($50.00 requested), Completed on: 1997-06-04 | Consortium Developments (Clearwater) Ltd. |
| 1997-04-29 | Correspondence (sent by the Court) to, from Gowlings; to replace Stephen Goudge to Susan J. Stamm | |
| 1997-04-21 | Order granting leave to appeal | |
| 1997-04-17 | Correspondence (sent by the Court) to, sent to Gignac, Sutts (Windsor, ON) enclosing copy of Rule 32 c.c. Gowling, Strathy & Henderson | |
| 1997-04-17 | Correspondence (sent by the Court) to, sent to Gowling, Strathy & Henderson (Toronto, ON) enclosing copy of Rule 32 c.c. Gowling, Strathy & Henderson | |
| 1997-04-17 | Correspondence (sent by the Court) to, sent to Weir & Foulds (Toronto, ON) enclosing copy of Rule 32 | |
| 1997-04-17 | Correspondence (sent by the Court) to, sent to Miller Thomson (Toronto, ON) enclosing copy of Rule 32 | |
| 1997-04-16 | $10.00 fee for depositing security, receipt no. 33956 | Kenneth MacAlpine |
| 1997-04-16 | $500 security deposit paid, receipt no. 2414 | Kenneth MacAlpine |
| 1997-04-11 | $500 security deposit paid, receipt #2413 | Consortium Developments (Clearwater) Ltd. |
| 1997-04-11 | Notice of appeal, With service, Completed on: 1997-04-11 | Kenneth MacAlpine |
| 1997-04-11 | Notice of appeal, With service, Completed on: 1997-04-11 | Consortium Developments (Clearwater) Ltd. |
| 1997-04-11 | $10.00 fee for depositing security, receipt #33934 | Consortium Developments (Clearwater) Ltd. |
| 1997-03-13 |
Judgment of the Court on the application for leave to appeal, L'HD So Ia, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1997-03-13 | Notice of deposit of judgment issued to all parties, Weir & Foulds (Toronto, ON) | |
| 1997-03-13 | Notice of deposit of judgment issued to all parties, Miller Thomson (Toronto, ON) | |
| 1997-03-13 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson | |
| 1997-02-14 | All materials on application for leave submitted to the Judges, L'HD So Ia | |
| 1996-12-06 | Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1996-12-06 | Corporation of the City of Sarnia |
| 1996-12-05 | Correspondence received from, (by fax) from Weir & Foulds; re: response will be filed by Dec. 6/96 | Corporation of the City of Sarnia |
| 1996-11-25 | Book of authorities, 5 copies, with service, Completed on: 1996-11-25 | Consortium Developments (Clearwater) Ltd. |
| 1996-11-19 | Correspondence received from, sent to Gowling, Strathy & Henderson to acknowledge receipt of material commencing a proceeding together with filing fee | |
| 1996-11-19 | Correspondence received from, sent to Weir & Foulds (Toronto, ON) enclosing copy of letter dated Nov 19/96 sent to appicant | |
| 1996-11-19 | Correspondence received from, sent to Miller Thomson (Toronto, ON) enclosing copy of letter dated Nov 19/96 sent to applicant | |
| 1996-11-05 | $50.00 filing fee, receipt no. 32972 | Consortium Developments (Clearwater) Ltd. |
| 1996-11-05 | Application for leave to appeal, 5 copies (JOINT WITH Kenneth MacAlpine, et al), with service, Completed on: 1996-11-05 | Consortium Developments (Clearwater) 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
| Name | Role | Status |
|---|---|---|
| Consortium Developments (Clearwater) Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Corporation of the City of Sarnia | Respondent | Active |
| Lambton County Roman Catholic Separate School Board | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| MacAlpine, Kenneth | Applicant | Active |
| Pumple, James | Applicant | Active |
| MacPump Developments Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Corporation of the City of Sarnia | Respondent | Active |
| Lambton County Roman Catholic Separate School Board | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Saskatchewan | Intervener | Active |
Counsel
Party: Consortium Developments (Clearwater) Ltd.
Counsel
Harvey T. Strosberg
4900 COMMERCE COURT W
PO BOX 438 STN COMMERCE COURT
TORONTO, Ontario
M5L 1J3
Telephone: (416) 862-7525
FAX: (416) 862-7661
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com
Party: MacAlpine, Kenneth
Counsel
600 - 251 Goyeau St
P.O. Box 670, Stn. A
Windsor, Ontario
N9A 6V4
Telephone: (519) 561-6228
FAX: (519) 561-6203
Email: harvey@strosbergco.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com
Party: Pumple, James
Counsel
600 - 251 Goyeau St
P.O. Box 670, Stn. A
Windsor, Ontario
N9A 6V4
Telephone: (519) 561-6228
FAX: (519) 561-6203
Email: harvey@strosbergco.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com
Party: MacPump Developments Ltd.
Counsel
600 - 251 Goyeau St
P.O. Box 670, Stn. A
Windsor, Ontario
N9A 6V4
Telephone: (519) 561-6228
FAX: (519) 561-6203
Email: harvey@strosbergco.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com
Party: Corporation of the City of Sarnia
Counsel
1600 - 2 First Canadian Place
PO Box 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 365-1110
FAX: (416) 365-1876
Agent
750 - 55 Metcalfe St
Ottawa, Ontario
K1P 6L5
Telephone: (613) 233-2139
FAX: (613) 237-4001
Party: Lambton County Roman Catholic Separate School Board
Counsel
2700 - 20 Queen Street West
P.O. Box 27
Toronto, Ontario
M5H 3S1
Telephone: (416) 595-8177
FAX: (416) 595-8695
Party: Attorney General of Saskatchewan
Counsel
1874 Scarth St - 8th Floor
PO Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-6307
FAX: (306) 787-9111
Email: Tom.irvine@gov.sk.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com
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
Ontario Court of Justice (General Division)
126/95
Application for judicial review dismissed
Court of Appeal for Ontario
C22666 & C22672
Appeals 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
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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
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
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