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.
33006
Parrish & Heimbecker Limited v. Her Majesty the Queen in Right of Canada as Represented by the Minister of Agriculture and Agri-Food, et al.
(Federal) (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) |
|---|---|---|
| 2011-04-11 | Record returned to the Registrar of the Court of Appeal | |
| 2011-01-25 | Appeal closed | |
| 2010-12-24 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2010-12-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2010-12-23 |
Judgment on the appeal rendered, Bi LeB De Abe Cha Ro Cro, The appeal from the judgment of the Federal Court of Appeal, Number A-377-07, 2008 FCA 362, dated November 21, 2008, heard on January 20, 2010, is allowed with costs throughout. Allowed, with costs |
|
| 2010-02-24 | Transcript received, (175 pages) | |
| 2010-01-21 | Judgment reserved OR rendered with reasons to follow | |
| 2010-01-21 | Appellant's condensed book, Submitted in Court (14 copies) | Parrish & Heimbecker Limited |
| 2010-01-21 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2010-01-20 | Respondent's condensed book, Submitted in Court - Joint with 33041-33043-32880-33103-32830 (2 volumes - 14 copies) | Her Majesty the Queen in Right of Canada as Represented by the Minister of Agriculture and Agri-Food |
| 2010-01-20 |
Hearing of the appeal, 2010-01-20, (appeal heard January 20 and 21, 2010), Bi LeB De Abe Cha Ro Cro Judgment reserved |
|
| 2010-01-06 | Notice of appearance, Christopher Rupar, Alain Préfontaine and Bernard Letarte will be present at the hearing. | Her Majesty the Queen in Right of Canada as Represented by the Minister of Agriculture and Agri-Food |
| 2010-01-06 | Notice of appearance, Matthew G. Williams will be present at the hearing. | Parrish & Heimbecker Limited |
| 2010-01-05 | Correspondence received from, Gowling by e-mail, re.: request of 2 reserved seats at the hearing | Parrish & Heimbecker Limited |
| 2009-12-15 | Appeal perfected for hearing | |
| 2009-12-08 | Correspondence received from, Gowling Lafleur Henderson dated Dec. 8, 2009. Re: Requesting permission for John Hedley to attend the hearing | Parrish & Heimbecker Limited |
| 2009-12-07 | Appellant's book of authorities, Vol 1 and 2 - Joint avec 33041, 33042, 33043, 33006, 32880 et 32830 - page numbering rec'd Dec. 21/09, Completed on: 2009-12-07 | Parrish & Heimbecker Limited |
| 2009-12-07 | Appellant's factum, Joint with 33041, 33042, 33043, 33103, 32880 and 32830, Completed on: 2009-12-14 | Parrish & Heimbecker Limited |
| 2009-12-07 | Appellant's factum, Completed on: 2009-12-07 | Parrish & Heimbecker Limited |
| 2009-11-25 | Notice of hearing sent to parties | |
| 2009-11-24 |
Appeal hearing scheduled, 2010-01-20, (starting time 9:00 am) Judgment reserved |
|
| 2009-10-13 | Respondent's book of authorities, Joint with 33041, 33042, 33043, 32880, 32830 & 33103 (5 volumes), Completed on: 2009-10-13 | Her Majesty the Queen in Right of Canada as Represented by the Minister of Agriculture and Agri-Food |
| 2009-10-13 | Respondent's record, Completed on: 2009-10-13 | Her Majesty the Queen in Right of Canada as Represented by the Minister of Agriculture and Agri-Food |
| 2009-10-13 |
Respondent's factum, CD missing - Rec'd on October 20, 2009 , Completed on: 2009-10-22 |
Her Majesty the Queen in Right of Canada as Represented by the Minister of Agriculture and Agri-Food |
| 2009-09-21 |
Order by, LeB, IT IS HEREBY ORDERED THAT the parties are directed to follow the hearing schedule and procedure for the filing of their appeal material in accordance with the Minutes of the Conference held on July 22, 2009, set out in Schedule "A" attached hereto. Granted |
|
| 2009-08-25 | Correspondence received, from counsel & agents (rec'd by e-mails and letter), re.: Lebel J. Conference | |
| 2009-08-05 | Appeal court record, (1 large padded envelope) | |
| 2009-07-23 | Notice of appeal, Completed on: 2009-07-23 | Parrish & Heimbecker Limited |
| 2009-07-10 | Correspondence received from, C. Rupar dated July 10/09 re: confirming that he represents the Attorney General of Canada and Her Majesty the Queen with Alain Préfontaine and Bernard Letarte in all six appeals (joint with 33041 - 33043 - 33042 - 33103 - 32830) (by fax) | Her Majesty the Queen in Right of Canada as Represented by the Minister of Agriculture and Agri-Food |
| 2009-07-09 | Correspondence received from, Matthew Williams dated July 9, 2009. Re: Gowlings will act as agent for the appellants | Parrish & Heimbecker Limited |
| 2009-06-25 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2009-06-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-06-19 | Judgment on leave sent to the parties | |
| 2009-06-18 |
Judgment of the Court on the application for leave to appeal, The application for extension of time is granted and the application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-377-07, 2008 FCA 362, dated November 21, 2008, is granted with costs to the applicant in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2009-06-18 |
Decision on motion to extend time to file and /or serve the leave application, See judgment. Granted |
|
| 2009-03-23 | All materials on application for leave submitted to the Judges, LeB De Cro | |
| 2009-03-23 | Submission of motion to extend time to file and/ or serve the leave application, LeB De Cro | |
| 2009-03-06 | Respondent's response on the application for leave to appeal, Completed on: 2009-03-06 | Her Majesty the Queen in Right of Canada as Represented by the Minister of Agriculture and Agri-Food |
| 2009-02-16 | Correspondence received from, Matthew G. Williams dated Feb. 12/09 re: extension of time | Parrish & Heimbecker Limited |
| 2009-02-16 | Motion to extend the time to file and or serve the application for leave to appeal, Completed on: 2009-02-16 | Parrish & Heimbecker Limited |
| 2009-02-11 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2009-02-09 | Application for leave to appeal, Extension of time rec'd Feb. 16/09), Completed on: 2009-02-16 | Parrish & Heimbecker Limited |
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 |
|---|---|---|
| Parrish & Heimbecker Limited | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of Canada as Represented by the Minister of Agriculture and Agri-Food | Respondent | Active |
| Attorney General of Canada and Canadian Food Inspection Agency | Respondent | Active |
Counsel
Party: Parrish & Heimbecker Limited
Counsel
1200 - 1809 Barrington Street
Halifax, Nova Scotia
B3J 3K8
Telephone: (902) 429-3400
FAX: (902) 422-4713
Email: matthew.williams@ritchdurnford.com
Agent
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: Her Majesty the Queen in Right of Canada as Represented by the Minister of Agriculture and Agri-Food
Counsel
Alain Préfontaine
Bernard Letarte
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Attorney General of Canada and Canadian Food Inspection Agency
Counsel
Alain Préfontaine
Bernard Letarte
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.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.
Crown law - Crown liability - Administrative law - Judicial review - Courts - Jurisdiction - Whether the Federal Court of Appeal was correct in deciding that the Appellant’s damages claim cannot be heard until it has first challenged the Canadian Food Inspection Agency’s decisions by way of judicial review - Federal Courts Act, R.S.C. 1985, c. F-7, s. 18 - Crown Liability and Proceedings Act, R.S.C. 1985, c. C-50, ss. 3, 8.
The Appellant commenced an action against the Crown, alleging that the Respondent Agency unlawfully revoked its import permits and issued new permits imposing more onerous conditions. The Agency responded by bringing a motion to strike out the Appellant’s statement of claim on the basis that the court had no jurisdiction to entertain the action so long as the Agency’s decisions with respect to the revocation and re-issuance of the permits had not been set aside in proceedings taken under s. 18 of the Federal Courts Act, R.S.C. 1985, c. F-7. The prothonotary concluded that the action was caught by the Federal Court of Appeal’s decision in Grenier v. Canada, 2005 FCA 348, [2006] 2 F.C.R. 287, and stayed the action.
Lower court rulings
Federal Court of Canada, Trial Division
06-T-76, 2007 FC 789, T-2140-05, 2007 FC 789
Appeal from prothonotary's order dismissed
Federal Court of Appeal
A-377-07, 2008 FCA 362
Appeal dismissed costs
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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Related links
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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