Case information
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29266
Canadian Forest Products Ltd., et al. v. Her Majesty the Queen in Right of the Province of British Columbia, 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.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2004-09-23 | Record returned to the Registrar of the Court of Appeal | |
| 2004-07-21 | Appeal closed | |
| 2004-06-14 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-06-11 |
Judgment on the appeal rendered, CJ Ia Ma Ba Bi Arb LeB De F, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA026248, dated April 9, 2002, heard on October 16, 2003 is allowed and the cross-appeal is dismissed, Bastarache, LeBel and Fish JJ. dissenting. The decision of the trial judge is restored, with costs both in this Court and in the Court of Appeal. The award of costs at trial is unchanged. Allowed |
|
| 2003-10-27 | Transcript received, (98 pages) | |
| 2003-10-16 | Judgment reserved OR rendered with reasons to follow | |
| 2003-10-16 |
Hearing of the appeal, 2003-10-16, CJ Ia Ma Ba Bi Arb LeB De F Judgment reserved |
|
| 2003-10-16 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2003-10-16 | Supplemental document, Valuation of Loss (1 page) submitted in court | Her Majesty the Queen in Right of the Province of British Columbia |
| 2003-10-16 | Supplemental document, Book of Excerpts for oral argument | Sierra Club of Canada and David Suzuki Foundation |
| 2003-10-16 | Supplemental document, Book of Excerpts for oral argument recvd in court | Council of Forest Industries, The Forest Products Association of Canada and the Coast Forest & Lumber Association |
| 2003-10-10 | Correspondence received from, regarding the order of presentation for hearing-BC first followed by CANFOR then oral submissions from interveners no order has been agreed on yet. | Her Majesty the Queen in Right of the Province of British Columbia |
| 2003-10-09 | Book of authorities, (SUPPLEMENTARY), Completed on: 2003-10-09 | Forest Practices Board |
| 2003-10-09 | Correspondence received from, J. Pennington dated Oct. 8/03 re: enclosing revised pages 4 and 5 of their factum (sent to the judges Oct. 10/03) | Forest Practices Board |
| 2003-10-07 | Appeal court record, (1 envelope) | |
| 2003-10-03 | Notice of appearance, from Lang Michener | Sierra Club of Canada and David Suzuki Foundation |
| 2003-10-03 | Notice of appearance, from Lang Michener | Council of Forest Industries, The Forest Products Association of Canada and the Coast Forest & Lumber Association |
| 2003-10-02 | Notice of appearance, from D. Rennie | Attorney General of Canada |
| 2003-09-24 | Discontinuance of motion to file a reply factum on appeal | Her Majesty the Queen in Right of the Province of British Columbia |
| 2003-09-23 |
Order by, Bi, UPON APPLICATIONS by the Forest Practices Board, the Attorney General of Canada, Sierra Club of Canada and David Suzuki Foundation and the Council of Forest Industries, the Forest Products Association of Canada and the Coast Forest & Lumber Association for leave to intervene in the above appeal and pursuant to the order of September 5, 2003; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2003-09-19 | Book of authorities, Completed on: 2003-09-19 | Council of Forest Industries, The Forest Products Association of Canada and the Coast Forest & Lumber Association |
| 2003-09-19 | Intervener's factum, Completed on: 2003-09-19 | Council of Forest Industries, The Forest Products Association of Canada and the Coast Forest & Lumber Association |
| 2003-09-19 | Book of authorities, Completed on: 2003-09-19 | Sierra Club of Canada and David Suzuki Foundation |
| 2003-09-19 | Intervener's factum, Completed on: 2003-09-19 | Sierra Club of Canada and David Suzuki Foundation |
| 2003-09-19 | Book of authorities, Completed on: 2003-09-19 | Forest Practices Board |
| 2003-09-19 | Intervener's factum, Completed on: 2003-09-19 | Forest Practices Board |
| 2003-09-19 | Book of authorities, Completed on: 2003-09-19 | Attorney General of Canada |
| 2003-09-19 | Intervener's factum, Completed on: 2003-09-19 | Attorney General of Canada |
| 2003-09-05 | Order on motion for leave to intervene, (BY BINNIE J.) | |
| 2003-09-05 |
Decision on the motion for leave to intervene, Bi, The motion for leave to intervene of the applicant, the Forest Practices Board, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before September 19, 2003. The motion for leave to intervene of the applicant, the Attorney General of Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before September 19, 2003. The motion for leave to intervene of the applicants, the Sierra Club of Canada and David Suzuki Foundation, is granted and the applicants shall be entitled to serve and file a joint factum not to exceed 15 pages in length on or before September 19, 2003. The motion for an extension of time for leave to intervene and for leave to intervene of the applicants, the Council of Forest Industries, the Forest Products Association of Canada and the Coast Forest & Lumber Association, are granted and the applicants shall be entitled to serve and file a joint factum not to exceed 20 pages in length on or before September 19, 2003. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. Granted |
|
| 2003-09-04 | Submission of motion for leave to intervene, Bi | |
| 2003-09-02 | Supplemental document, Errata to the Factum of the Respondent (distributed to the Court 09/04/03) | Canadian Forest Products Ltd. |
| 2003-08-29 | Response to the motion for leave to intervene, (Letter Form), from K. Collins (E-Mail), Completed on: 2003-08-29 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2003-08-29 | Notice of hearing sent to parties | |
| 2003-08-28 | Response to the motion for leave to intervene, (e-mail) by Canada, Sierra and Council of Forest Industries, Completed on: 2003-08-28 | Canadian Forest Products Ltd. |
| 2003-08-28 |
Appeal hearing scheduled, 2003-10-16 Judgment reserved |
|
| 2003-08-27 | Correspondence received from, (fax) from D. Eastwood re: scheduling dates | Her Majesty the Queen in Right of the Province of British Columbia |
| 2003-08-27 | Response to the motion for leave to intervene, (e-mail) by Canada, Sierra and Council of Forest Industries, Completed on: 2003-08-27 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2003-08-06 | Appeal perfected for hearing | |
| 2003-07-31 | Motion to file a reply factum on appeal, (3 copies), Completed on: 2003-07-31 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2003-07-24 | Notice of change of counsel, Hunter, Voith has been appointed | Council of Forest Industries |
| 2003-07-24 | Respondent's book of authorities, Completed on: 2003-07-24 | Canadian Forest Products Ltd. |
| 2003-07-24 | Respondent's factum, Completed on: 2003-07-28 | Canadian Forest Products Ltd. |
| 2003-07-22 | Respondent's factum, Completed on: 2003-07-22 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2003-07-22 | Respondent's book of authorities, Completed on: 2003-07-28 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2003-07-11 | Motion to extend time, to file the motion to intervene (joint)(previously filed on June 24, 2003), Completed on: 2003-07-11 | Council of Forest Industries, The Forest Products Association of Canada and the Coast Forest & Lumber Association |
| 2003-07-11 | Motion for leave to intervene, (joint)(book form), Completed on: 2003-07-11 | Council of Forest Industries, The Forest Products Association of Canada and the Coast Forest & Lumber Association |
| 2003-07-09 | Reply to the motion for leave to intervene, book form, Completed on: 2003-07-09 | Forest Practices Board |
| 2003-07-08 |
Decision on motion to extend time, Reg, to serve and file the factum and book of authorities of the appellant/respondent Crown to June 18, 2003, nunc pro tunc. Granted |
|
| 2003-07-08 | Submission of motion to extend time, Reg | |
| 2003-07-04 | Response to the motion for leave to intervene, book form re: intervention by Forest Practices Board, Completed on: 2003-07-04 | Canadian Forest Products Ltd. |
| 2003-07-02 |
Decision on motion to extend time, Reg, to serve and file the factum, record and book of authorities of the appellant Canadian Forest Products Ltd. to June 2, 2003, nunc pro tunc. Granted |
|
| 2003-07-02 | Submission of motion to extend time, Reg | |
| 2003-06-25 | Motion for leave to intervene, book form, Completed on: 2003-06-25 | Sierra Club of Canada and David Suzuki Foundation |
| 2003-06-24 | Motion for leave to intervene, book form, Completed on: 2003-06-24 | Forest Practices Board |
| 2003-06-24 | Motion for leave to intervene, Completed on: 2003-06-24 | Attorney General of Canada |
| 2003-06-18 | Appellant's book of authorities, Vol. I to III, Completed on: 2003-06-18 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2003-05-29 | Motion to extend time, to serve and file the Factum, Record and Authorities to May 28/03, Completed on: 2003-05-29 | Canadian Forest Products Ltd. |
| 2003-05-28 | Appellant's book of authorities, Completed on: 2003-06-11 | Canadian Forest Products Ltd. |
| 2003-05-28 | Appellant's record, Vol. I to VI (joint), Completed on: 2003-05-28 | Canadian Forest Products Ltd. |
| 2003-05-28 | Appellant's factum, Completed on: 2003-06-11 | Canadian Forest Products Ltd. |
| 2003-05-27 | Appellant's factum, Completed on: 2003-05-27 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2003-05-13 | Motion to extend time, to file the respondent's factum and authorities to 05/28/03 (see amended motion received on June 18, 2003), Completed on: 2003-05-13 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2003-02-18 | Notice of appeal, (enclosing 25B and reasons for judgment of C.A.), Completed on: 2003-02-18 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2003-02-18 | Notice of appeal, (enclosing Form 25B), Completed on: 2003-02-18 | Canadian Forest Products Ltd. |
| 2003-01-28 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-01-24 | Judgment on leave sent to the parties | |
| 2003-01-23 |
Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Court of Appeal of British Columbia (Vancouver), Number CA026248, dated April 9, 2002, are granted. Granted |
|
| 2002-12-16 | All materials on application for leave submitted to the Judges, CJ Ba De | |
| 2002-09-19 | Correspondence received from, J. D. Eastwood dated Sept. 17/02 (by fax) re: C/A Order and enclosing a self-explanatory letter to the B.C. Court of Appeal | Her Majesty the Queen in Right of the Province of British Columbia |
| 2002-08-02 | Applicant's reply to respondent's argument, (Reply to SECOND APPLICATION), Completed on: 2002-08-02 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2002-07-29 | Applicant's reply to respondent's argument, FIRST APPLICATION, Completed on: 2002-07-29 | Canadian Forest Products Ltd. |
| 2002-07-29 | Respondent's response on the application for leave to appeal, SECOND APPLICATION, Completed on: 2002-07-29 | Canadian Forest Products Ltd. |
| 2002-07-12 | Letter acknowledging receipt of an incomplete application for leave to appeal, (Second Application) | |
| 2002-07-12 | Letter acknowledging receipt of an incomplete application for leave to appeal, (First Application) | |
| 2002-07-04 | Respondent's response on the application for leave to appeal, to First Application, Completed on: 2002-07-04 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2002-06-07 | Book of authorities, (Second Application), Completed on: 2002-06-07 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2002-06-07 | Application for leave to appeal, (SECOND APPLICATION) (C/A Order missing - filed Oct. 4/02), Completed on: 2002-10-04 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2002-06-07 | Application for leave to appeal, (FIRST APPLICATION) (C/A Order missing - filed Oct. 4/02), Completed on: 2002-10-04 | Canadian Forest Products 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 |
|---|---|---|
| Canadian Forest Products Ltd. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of the Province of British Columbia | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of the Province of British Columbia | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canadian Forest Products Ltd. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Forest Practices Board | Intervener | Active |
| Sierra Club of Canada and David Suzuki Foundation | Intervener | Active |
| Council of Forest Industries, The Forest Products Association of Canada and the Coast Forest & Lumber Association | Intervener | Active |
Counsel
Party: Her Majesty the Queen in Right of the Province of British Columbia
Counsel
J. Douglas Eastwood
Karen Horsman
J. Gareth Morley
Andrew D. Gay
Karen Horsman
J. Gareth Morley
Andrew D. Gay
Attorney General of British Columbia
1301-865 Hornby Street
Vancouver, British Columbia
V6Z 2H4
Telephone: (604) 660-3093
FAX: (604) 660-2636
1301-865 Hornby Street
Vancouver, British Columbia
V6Z 2H4
Telephone: (604) 660-3093
FAX: (604) 660-2636
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Canadian Forest Products Ltd.
Counsel
G. Bruce Butler
Birgitta von Krosigk
Birgitta von Krosigk
Harper Grey Easton
3200-650 West Georgia St.
P.O. Box 11504
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 687-0411
FAX: (604) 669-9385
Email: butler@hgelaw.com
3200-650 West Georgia St.
P.O. Box 11504
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 687-0411
FAX: (604) 669-9385
Email: butler@hgelaw.com
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Attorney General of Canada
Counsel
Donald J. Rennie
Christopher Rupar
Mark Kindrachuk
Christopher Rupar
Mark Kindrachuk
Attorney General of Canada
Department of Justice
284 Wellington St.
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4863
FAX: (613) 954-1920
Email: Donald.Rennie@justice.x400.gc.ca
Department of Justice
284 Wellington St.
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4863
FAX: (613) 954-1920
Email: Donald.Rennie@justice.x400.gc.ca
Party: Forest Practices Board
Counsel
John R. Pennington
Forest Practices Board
P.O. Box 9905
Stn Prov Gov't
Victoria, British Columbia
V8W 9R1
Telephone: (250) 356-1375
FAX: (250) 387-7009
P.O. Box 9905
Stn Prov Gov't
Victoria, British Columbia
V8W 9R1
Telephone: (250) 356-1375
FAX: (250) 387-7009
Agent
Colin S. Baxter
McCarthy Tétrault LLP
1400 - 40 Elgin Street
Ottawa, Ontario
K1R 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca
1400 - 40 Elgin Street
Ottawa, Ontario
K1R 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca
Party: Sierra Club of Canada and David Suzuki Foundation
Counsel
Robert V. Wright
Devon Page
Jerry V. DeMarco
Anatasia M. Lintner
Robert V. Wright
Devon Page
Jerry V. DeMarco
Anatasia M. Lintner
Robert V. Wright
Sierra Legal Defence Fund
Suite 900
30 St. Patrick Street
Toronto, Ontario
M5T 3A3
Telephone: (416) 368-7533 Ext: 31
FAX: (416) 363-2746
Email: rwright@sierralegal.org
Suite 900
30 St. Patrick Street
Toronto, Ontario
M5T 3A3
Telephone: (416) 368-7533 Ext: 31
FAX: (416) 363-2746
Email: rwright@sierralegal.org
Agent
Jeffrey W. Beedell
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Council of Forest Industries, The Forest Products Association of Canada and the Coast Forest & Lumber Association
Counsel
John J. L. Hunter, Q.C.
K. Michael Stephens
K. Michael Stephens
Hunter, Voith
900 West Hastings Street
Suite 1200
Vancouver, British Columbia
V6C 1E5
Telephone: (604) 891-2401
FAX: (604) 688-5947
Email: jhunter@litigationcounsel.ca
900 West Hastings Street
Suite 1200
Vancouver, British Columbia
V6C 1E5
Telephone: (604) 891-2401
FAX: (604) 688-5947
Email: jhunter@litigationcounsel.ca
Agent
Marie-France Major
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
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.
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Lower court rulings
July 30, 1999
Supreme Court of British Columbia
94 2480
Supreme Court of British Columbia
94 2480
Crown's claim for damages allowed; fault apportioned equally between the parties: Canfor ordered to pay one-half of agreed amount; remaining damages claims dismissed
April 9, 2002
Court of Appeal for British Columbia (Vancouver)
CA026248
Court of Appeal for British Columbia (Vancouver)
CA026248
Crown's appeal allowed in part: fault reapportioned, claim for loss of trees in ESAs allowed; Canfor's cross-appeal dismissed
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.
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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.
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Date modified: 2025-05-13