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33563

Attorney General of Canada v. Her Majesty the Queen in Right 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2013-01-04 Appeal closed
2012-12-20 Certificate of taxation issued to, Myles J. Kirvan
2012-12-20 Decision on the bill of costs, in the amount of $14,435.50, DeRg
2012-12-19 Submission of the bill of costs, DeRg
2012-05-17 Correspondence received, Gowling by fax, re.: copy of a letter on Taxation dated May 16/12
2012-02-14 Reply to the bill of costs, (joint with 33559), Completed on: 2012-02-14 Attorney General of Canada
2012-02-08 Response to the bill of costs, cc. Christopher Rupar, Completed on: 2012-02-08 Carreras Rothmans Limited
2012-02-07 Response to the bill of costs, cc. Christopher Rupar, Completed on: 2012-02-07 B.A.T. Industries p.l.c.
2012-02-07 Response to the bill of costs, cc. Christopher Rupar, Completed on: 2012-02-07 Rothmans, Benson & Hedges Inc.
2012-02-07 Response to the bill of costs, (joint with 33559), re.: faxed to Christopher Rupar, Completed on: 2012-02-07 Imperial Tobacco Canada Limited
2012-01-27 Bill of costs, Completed on: 2012-01-27 Attorney General of Canada
2011-08-02 Formal judgment sent to the registrar of the court of appeal and all parties
2011-08-02 Judgment on appeal and notice of deposit of judgment sent to all parties
2011-07-29 Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA036017, CA036048, CA036057, CA036073, CA036080, CA036800 and CA036801, 2009 BCCA 540, dated December 8, 2009, heard on February 24, 2011, is allowed and the cross-appeal is dismissed, the whole with costs throughout. No costs are awarded against or in favour of Her Majesty the Queen in Right of British Columbia.
Allowed, with costs
2011-07-29 Judgment on the cross-appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, See judgment on appeal
Dismissed, with costs
2011-03-11 Transcript received, (133 pages)
2011-02-24 Judgment reserved OR rendered with reasons to follow
2011-02-24 Hearing of the appeal, 2011-02-24, CJ Bi LeB De F Abe Cha Ro Cro
Judgment reserved
2011-02-24 Acknowledgement and consent for video taping of proceedings, All parties consented
2011-02-24 Respondent's condensed book, Filed in Court Her Majesty the Queen in Right of British Columbia
2011-02-24 Respondent's condensed book, Filed in Court Rothmans, Benson & Hedges Inc.
2011-02-24 Respondent's condensed book, Filed in Court Imperial Tobacco Canada Limited
2011-02-24 Intervener's condensed book, Filed in Court Feb. 24/11 - joint with 33559 Attorney General of Ontario
2011-02-24 Appellant's condensed book, Filed in Couirt Feb. 24/11 - joint with 33559 Attorney General of Canada
2011-02-23 Order on miscellaneous motion, (joint with 33559)
2011-02-23 Decision on miscellaneous motion, Reg, to accept the intervener's joint book of authorities as filed, namely without consecutive page numbering
Granted
2011-02-23 Submission of miscellaneous motion, Reg
2011-02-23 Response to miscellaneous motion, email from Christopher Rupar dated Feb. 23/11, Completed on: 2011-02-23 Attorney General of Canada
2011-02-22 Response to miscellaneous motion, (Letter Form), from Henry S. Brown, Q.C. dated Feb. 22/11, Completed on: 2011-02-22 Rothmans, Benson & Hedges Inc.
2011-02-22 Response to miscellaneous motion, (Letter Form), from Patricia J. Wilson dated Feb. 22/11, Completed on: 2011-02-22 Imperial Tobacco Canada Limited
2011-02-22 Notice of appearance, Travis Henderson will appear as co-counsel Attorney General of Canada
2011-02-17 Response to miscellaneous motion, from Nicholas McHaffie dated Feb. 17/11, Completed on: 2011-02-17 B.A.T. Industries p.l.c.
2011-02-16 Response to miscellaneous motion, email from Burke-Robertson dated Feb. 16/11, Completed on: 2011-02-18 Her Majesty the Queen in Right of British Columbia
2011-02-16 Notice of miscellaneous motion, to accept the intervener's joint book of authorities as filed, namely without consecutive page numbering (joint with 33559), Completed on: 2011-02-16 Attorney General of British Columbia
2011-02-15 Correspondence received from, Gowlings by fax re: law firm change from Macaulay McColl to Affleck Hira Burgoyne LLP Rothmans, Benson & Hedges Inc.
2011-02-15 Notice of appearance, Nancy Brown will be appearing Attorney General of British Columbia
2011-02-15 Notice of appearance, Malliha Wilson and Lynne McArdie will be appearing Attorney General of Ontario
2011-02-14 Intervener's book of authorities, (Vol. 1 and 2, joint with 33559), Completed on: 2011-02-14 Attorney General of British Columbia
2011-02-14 Intervener's factum - AG on constitutional question, Completed on: 2011-02-14 Attorney General of British Columbia
2011-02-14 Order by, (joint with 33559), LeB, FURTHER TO THE ORDERS dated January 14, 2011, granting leave to intervene to the Attorney General of Ontario and Her Majesty the Queen in Right of New Brunswick;
IT IS HEREBY FURTHER ORDERED THAT the interveners are granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals
Granted
2011-02-14 Order by, LeB, FURTHER TO THE JUDGMENT rendered May 20, 2010, granting the application for leave to appeal;
IT IS HEREBY FURTHER ORDERED THAT the respondent Her Majesty in Right of British Columbia is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal
Granted
2011-02-14 Notice of appearance, Jeffrey S. Leon, Robyn M. Ryan Bell and Michael A. Eizenga will be appearing Her Majesty the Queen in Right of the Province of New Brunswick
2011-02-11 Notice of appearance, Paul B. Vickery will be appearing Attorney General of Canada
2011-02-11 Correspondence received from, M.A. Feder by fax, re.: request for 4 reserved seats at the hearing Philip Morris International Inc.
2011-02-11 Notice of appearance, Craig P. Dennis and Michael D. Shirreff will be appearing B.A.T. Industries p.l.c.
2011-02-11 Notice of appearance, Christopher M. Rusnak will be appearing Carreras Rothmans Limited
2011-02-11 Notice of appearance, John J.L. Hunter and Brent B. Olthuis will be appearing Imperial Tobacco Canada Limited
2011-02-10 Notice of appearance, Daniel A. Webster, Q.Cc. and Ryan Dalziel will be appearing Her Majesty the Queen in Right of British Columbia
2011-02-10 Correspondence received from, M.A. Feder dated Feb. 10/11 re: counsel sheet Philip Morris USA Inc.
2011-02-09 Correspondence received from, Mr. Kay rec'd by fax re: request for 5 reserve seats at the hearing JTI-MacDonald Corp.
2011-02-09 Notice of appearance, Jeffrey Jay Kay, Q.C. will be appearing JTI-MacDonald Corp.
2011-02-07 Intervener's book of authorities, Joint with 33559 - new CD rec'd Feb. 9/11, Completed on: 2011-02-07 Attorney General of Ontario
2011-02-07 Intervener's factum, Completed on: 2011-02-07 Attorney General of Ontario
2011-02-07 Intervener's book of authorities, Completed on: 2011-02-07 Her Majesty the Queen in Right of the Province of New Brunswick
2011-02-07 Intervener's factum, Completed on: 2011-02-07 Her Majesty the Queen in Right of the Province of New Brunswick
2011-02-07 Correspondence received from, Mr. Rusnak re: adopts the position of B.A.T. Industries in regard to Rule 29(4) (cc. to all parties) (sent to the judges Feb. 9/11) Carreras Rothmans Limited
2011-02-07 Supplemental document, (Pursuant to Rule 29(4)), Completed on: 2011-02-07 B.A.T. Industries p.l.c.
2011-02-07 Supplemental factum, (Pursuant to Rule 29(4)), Completed on: 2011-02-07 B.A.T. Industries p.l.c.
2011-02-07 Supplemental document, (Joint with 33559 - Authorities pursuant to rule 29(4)), Completed on: 2011-02-07 Imperial Tobacco Canada Limited
2011-02-07 Supplemental factum, (Pursuant to Rule 29(4)), Completed on: 2011-02-07 Imperial Tobacco Canada Limited
2011-02-07 Supplemental document, (Authorities, pursuant to rule 29(3)(4)), Completed on: 2011-02-07 Rothmans, Benson & Hedges Inc.
2011-02-07 Supplemental factum, (Pursuant to Rule 29(3)(4)), Completed on: 2011-02-07 Rothmans, Benson & Hedges Inc.
2011-02-03 Correspondence received from, Mr. Dalziel rec'd by fax re: request for 20 minutes of oral argument. (cc. to all parties) Her Majesty the Queen in Right of British Columbia
2011-02-02 Notice of appearance, Jeffrey Jay Kay, Q.C. and Robert McDonell will be appearing JTI-MacDonald Corp.
2011-01-31 Respondent's book of authorities - cross appeal, Joint with 33559 - service Feb. 4/11, Completed on: 2011-02-09 Attorney General of Canada
2011-01-31 Respondent's factum - cross appeal, service rec'd Feb. 4/11, Completed on: 2011-02-09 Attorney General of Canada
2011-01-31 Respondent's book of authorities, service of Fasken Martineau to follow, Completed on: 2011-01-31 Her Majesty the Queen in Right of British Columbia
2011-01-31 Respondent's factum, Service of Fasken Martineau to follow, Completed on: 2011-02-02 Her Majesty the Queen in Right of British Columbia
2011-01-20 Notice of withdrawal, (Sent to the Court on January 21, 2011) Attorney General of New Brunswick
2011-01-14 Order on motion for leave to intervene, (BY LEBEL J.)
2011-01-14 Decision on the motion for leave to intervene, LeB, UPON APPLICATIONS by the Attorney General of Ontario and Her Majesty the Queen in Right of New Brunswick for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene by the Attorney General of Ontario and Her Majesty the Queen in Right of New Brunswick are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length on or before February 7, 2011.
The requests to present oral argument are 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 raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their intervention.
Granted
2011-01-14 Submission of motion for leave to intervene, LeB
2011-01-12 Correspondence received from, M.A. Feder by fax, re.: draft counsel sheet Philip Morris International Inc.
2011-01-12 Correspondence received from Philip Morris International Inc.
2011-01-10 Respondent's book of authorities, Joint (4 volumes), Completed on: 2011-01-10 Rothmans, Benson & Hedges Inc.
2011-01-10 Appellant's factum - cross appeal, Joint- Included in the respondents factum, Completed on: 2011-01-10 Rothmans, Benson & Hedges Inc.
2011-01-10 Respondent's factum, Joint, Completed on: 2011-01-10 Rothmans, Benson & Hedges Inc.
2011-01-10 Respondent's book of authorities, Completed on: 2011-01-10 B.A.T. Industries p.l.c.
2011-01-10 Appellant's factum - cross appeal, Included in the respondent's factum, Completed on: 2011-01-10 B.A.T. Industries p.l.c.
2011-01-10 Respondent's factum, Completed on: 2011-01-10 B.A.T. Industries p.l.c.
2011-01-10 Appellant's factum - cross appeal, Included in the respondent's factum, Completed on: 2011-01-10 JTI-MacDonald Corp.
2011-01-10 Respondent's factum, Completed on: 2011-01-10 JTI-MacDonald Corp.
2011-01-10 Appellant's factum - cross appeal, Included in the respondent's factum, Completed on: 2011-01-10 Carreras Rothmans Limited
2011-01-10 Respondent's factum, Completed on: 2011-01-10 Carreras Rothmans Limited
2011-01-07 Respondent's book of authorities, Joint with 33559 (5 volumes), Completed on: 2011-01-07 Imperial Tobacco Canada Limited
2011-01-07 Appellant's factum - cross appeal, Included in the respondent's factum, Completed on: 2011-01-07 Imperial Tobacco Canada Limited
2011-01-07 Respondent's factum, Completed on: 2011-01-07 Imperial Tobacco Canada Limited
2011-01-04 Notice of appearance, Nancy Brown will be present at the hearing. Attorney General of British Columbia
2010-12-29 Appeal perfected for hearing
2010-12-23 Correspondence received from, L. Milton by fax, re.: request leave to provide comments on counsel sheet
 Her Majesty the Queen in Right of the Province of New Brunswick
2010-12-22 Correspondence received from, H. S. Brown by fax, re.: requesting leave to defer making submissions Rothmans, Benson & Hedges Inc.
2010-12-20 Notice of appearance, John J.L. Hunter will be present at the hearing. Imperial Tobacco Canada Limited
2010-12-16 Reply to the motion for leave to intervene, (service missing), Incomplete Attorney General of Ontario
2010-12-13 Response to the motion for leave to intervene, from Nicholas McHaffie. dated Dec. 13/10 re: supports Imperial Tobacco's response (by A.G. of ON and H.M.Q.N.B.), Completed on: 2010-12-13 B.A.T. Industries p.l.c.
2010-12-10 Response to the motion for leave to intervene, Completed on: 2010-12-10 Imperial Tobacco Canada Limited
2010-12-10 Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated Dec. 10/10 re: supports Imperial Tobacco's response (by A.G. of ON), Completed on: 2010-12-10 JTI-MacDonald Corp.
2010-12-10 Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated Dec. 6/10 re: supports Imperial Tobacco's response (by A.G. of ON), Completed on: 2010-12-10 Rothmans, Benson & Hedges Inc.
2010-12-07 Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated Dec. 6/10 re: adopts Rothmans' response (by H.M.Q.N.B.), Completed on: 2010-12-07 JTI-MacDonald Corp.
2010-12-07 Response to the motion for leave to intervene, (Letter Form), from Paul Vickery dated Dec. 7/10 (by ON and H.M.Q.N.B.), Completed on: 2010-12-07 Attorney General of Canada
2010-12-07 Correspondence received from, Malliha Wilson dated Dec. 7/10 re: seeks to file a factum if leave to intervene is granted Attorney General of Ontario
2010-12-03 Response to the motion for leave to intervene, (Letter Form), from Patricia J. Wilson dated Dec. 3/10 re: adopts Rothmans' et al response (by H.M.Q.N.B.), Completed on: 2010-12-03 Imperial Tobacco Canada Limited
2010-12-02 Response to the motion for leave to intervene, (by H.M.Q. New Brunswick), Completed on: 2010-12-02 Rothmans, Benson & Hedges Inc.
2010-11-30 Motion for leave to intervene, (bookform), Completed on: 2010-11-30 Attorney General of Ontario
2010-11-26 Motion for leave to intervene, (bookform), Completed on: 2010-11-26 Her Majesty the Queen in Right of the Province of New Brunswick
2010-11-16 Notice of hearing sent to parties
2010-11-16 Appeal hearing scheduled, 2011-02-24, (start time 9:00 am)
Judgment reserved
2010-11-02 Appellant's book of authorities, Joint with 33559 (5 volumes), Completed on: 2010-11-02 Attorney General of Canada
2010-11-02 Appellant's record, (4 volumes), Completed on: 2010-11-02 Attorney General of Canada
2010-11-02 Appellant's factum, Completed on: 2010-11-02 Attorney General of Canada
2010-10-21 Correspondence received from, Leslie Milton dated October 21, 2010. Re: David Wilson has been replaced by Leslie Milton as agent for the same firm Attorney General of New Brunswick
2010-10-20 Order on motion to file a lengthy factum, (BY THE DEPUTY REGISTRAR)
2010-10-20 Decision on motion to file a lengthy factum, DeRg, UPON APPLICATIONS by the Appellants/Respondents on cross-appeal for an order permitting the filing of lengthy facta in response on cross-appeal to a maximum of 45 pages and for an order permitting the filing of a single consolidated book of authorities;
WHEREAS the Respondents/Appellants on cross-appeal were granted permission to file lengthy facta on cross-appeal of 40 pages given a corresponding reduction to 20 in the number of pages in the facta on appeal;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
1)The motions are granted in part.
2)The Appellants/Respondents on cross-appeal are permitted to file lengthy facta in response on cross-appeal of 30 pages. They are also permitted to file more than 30 pages in their facta on cross-appeal provided that, for any pages in excess of 30, there is a corresponding reduction in the number of pages in the facta on appeal.
3)The Appellants/Respondents on cross-appeal are permitted to file a single consolidated book of authorities.

Allowed in part
2010-10-20 Submission of motion to file a lengthy factum, DeRg
2010-10-19 Reply to the motion to file a lengthy factum, (Letter Form), Completed on: 2010-10-19 Attorney General of Canada
2010-10-13 Response to the motion to file a lengthy factum, (Letter Form), from Patricia J. Wilson dated Oct. 13/10 re: adopts the position of the respondents Rothmans et al. (joint with 33559), Completed on: 2010-10-13 Imperial Tobacco Canada Limited
2010-10-13 Response to the motion to file a lengthy factum, (Letter Form), from Henry S. Brown, Q.C. dated Oct. 12/10 re: adopts the position of the respondents Rothmans et al., Completed on: 2010-10-13 JTI-MacDonald Corp.
2010-10-12 Response to the motion to file a lengthy factum, on cross-appeal, Completed on: 2010-10-13 Rothmans, Benson & Hedges Inc.
2010-10-04 Motion to file a lengthy factum, on cross-appeal of 45 pages and a consolidated book of authorities with the companion file 33559 (bookform), Completed on: 2010-10-04 Attorney General of Canada
2010-09-20 Notice of intervention respecting a constitutional question Attorney General of New Brunswick
2010-09-17 Notice of intervention respecting a constitutional question Attorney General of British Columbia
2010-09-07 Correspondence received from, Ryan D.W. Dalziel dated Sept. 7/10 in response to Mr. affleck's letter of Aug. 31/10 Her Majesty the Queen in Right of British Columbia
2010-09-07 Order by, CJ, Further to the order dated August 24, 2010, stating a constitutional question in the above appeal, the following is a revised filing timetable:
1. The appellant shall serve and file its factum, record and book of authorities on or before November 2, 2010.
2. The respondents, other than Her Majesty the Queen in Right of British Columbia, shall serve and file their factum on appeal and cross-appeal, record and book of authorities on or before January 10, 2011.
3. The appellant and the respondent, Her Majesty the Queen in Right of British Columbia, shall serve and file their factum in response to the cross-appeal and book of authorities on or before January 31, 2011.
4. The respondents shall serve and file a factum not exceeding 5 pages in length under subrule 29(4) of the Rules of the Supreme Court of Canada on or before February 7, 2011.
5. Any notices of intervention relating to the constitutional question shall be served and filed on or before September 21, 2010.
6. Any person interested in applying for leave to intervene shall serve and file their motion on or before November 30, 2010.
7. Any interveners under Rule 55 or Rule 61 of the Rules of the Supreme Court of Canada, shall serve and file their factum and book of authorities on or before February 14 2011.
8. Interveners referred to in subrule 61(4) of the Rules of the Supreme Court of Canada shall limit their oral argument to 10 minutes each.
9. The appeal is scheduled to be heard on February 24, 2011.
Granted
2010-09-01 Correspondence received from, Craig P. Dennis dated Sept. 1/10 re: timelines B.A.T. Industries p.l.c.
2010-09-01 Correspondence received from, Kenneth N. Affleck dated Aug. 31/10 in response to Mr. Dalziel letter of Aug. 26/10 and Mr. Vickery's letter of Aug. 31/10 Rothmans, Benson & Hedges Inc.
2010-08-31 Correspondence received from, Paul Vickery dated Aug. 31/10 re: timelines set out in the Order made Aug. 24/10 (joint with 33559) Attorney General of Canada
2010-08-27 Correspondence received from, Ryan D.W. Dalziel dated Aug. 27/10 re: agrees with the schedule proposed in the letter dated Aug. 26/10 from Mr. Feder Her Majesty the Queen in Right of British Columbia
2010-08-27 Correspondence received from, Patricia J. Wilson dated Aug. 27/10 re: agrees with the schedule proposed in the letter dated Aug. 26/10 (from Mr. Feder) (joint with 33559) Imperial Tobacco Canada Limited
2010-08-26 Correspondence received from, Michael A. Feder dated Aug. 26/10 re: order on C.Q. made Aug. 24/10 Rothmans, Benson & Hedges Inc.
2010-08-26 Notice of constitutional question(s), served on AGs Aug. 26, 2010 Attorney General of Canada
2010-08-24 Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE)
2010-08-24 Decision on the motion to state a constitutional question, CJ, IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTION BE STATED AS FOLLOWS:
1. Is the Tobacco Damages and Health Care Costs Recovery Act, S.B.C. 2000, c. 30, constitutionally inapplicable to the federal Crown because the latter is constitutionally immune from liability under the Act?
IT IS FURTHER ORDERED THAT:
1. The appellant’s factum, record and book of authorities shall be served and filed on or before November 16, 2010.
2. The respondents’ factum on appeal and cross-appeal, record and book of authorities shall be served and filed on or before January 31, 2011.
3. The appellant’s factum in response to the cross-appeal factum and book of authorities shall be served and filed on or before February 14, 2011.
4. Any notices of intervention relating to the constitutional questions shall be served and filed on or before September 21, 2010.
5. Any person interested in applying for leave to intervene shall serve and file their motion on or before December 14, 2010.
6. Any interveners under Rule 55 or Rule 61 of the Rules of the Supreme Court of Canada, shall serve and file their factum and book of authorities on or before February 7, 2011.
7. Interveners referred to in subrule 61(4) of the Rules of the Supreme Court of Canada shall limit their oral argument to 10 minutes each.
8. The appeal is scheduled to be heard on February 24, 2011.
Granted
2010-08-18 Order on motion to file a lengthy factum, (BY THE DEPUTY REGISTRAR)
2010-08-18 Decision on motion to file a lengthy factum, DeRg, UPON APPLICATION by Rothmans, Benson & Hedges and Rothmans Inc., Philip Morris USA Inc. and Philip Morris International Inc. for an order permitting the filing of a lengthy factum on the cross-appeal of 40 pages and a factum on appeal of 20 pages;
AND UPON APPLICATION by Imperial Tobacco Canada Limited for an order permitting the filing of a lengthy factum on the cross-appeal of 40 pages and a factum on appeal of 20 pages;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
The motion is granted.
IT IS HEREBY FURTHER ORDERED THAT:
B.A.T. Industries p.l.c. and British American Tobacco (Investments) Limited and Carreras Rothmans Limited, are each granted permission to file a lengthy factum on the cross-appeal of 40 pages and a factum on appeal of 20 pages.
Granted
2010-08-17 Submission of motion to file a lengthy factum, DeRg
2010-08-13 Reply to the motion to file a lengthy factum, (Letter Form), from Michael E. Feder dated Aug. 13/10, Completed on: 2010-08-13 Rothmans, Benson & Hedges Inc.
2010-08-12 Response to the motion to file a lengthy factum, (bookform) (by Imperial Tobacco), Completed on: 2010-08-12 Attorney General of Canada
2010-08-11 Response to the motion to file a lengthy factum, (Letter Form), from Henry S. Brown, Q.C. dated Aug. 11/10, Completed on: 2010-08-11 Philip Morris USA Inc.
2010-08-10 Response to the motion to file a lengthy factum, (Letter Form), from Henry S. Brown, Q.C. dated Aug. 9/10 (by Imperial Tobacco), Completed on: 2010-08-10 Rothmans, Benson & Hedges Inc.
2010-08-10 Correspondence received from, Travis Henderson dated Aug 9/10 re: withdraws request for submissions and page limit in paragraphs (b) and (c) of its motion Attorney General of Canada
2010-08-09 Submission of motion to state a constitutional question, CJ
2010-08-09 Response to the motion to file a lengthy factum, (bookform) (by Rothmans, Benson & Hedges Inc., et al), Completed on: 2010-08-09 Attorney General of Canada
2010-08-04 Motion to file a lengthy factum, of 40 pages for the respondent/appellant on cross-appeal (fees to follow), Completed on: 2010-08-04 Imperial Tobacco Canada Limited
2010-08-03 Response to the motion to state a constitutional question, Supports the overview set out in the Response of British American Tobacco and B.A.T. (Book Form), Completed on: 2010-08-03 Carreras Rothmans Limited
2010-08-03 Response to the motion to file a lengthy factum, re: adopts the position of Rothmans, Benson & Hedges Inc. et al and seek an order for a lengthy factum of 40 pages on cross-appeal (bookform), Completed on: 2010-08-03 Carreras Rothmans Limited
2010-08-03 Response to the motion to state a constitutional question, (Letter Form), from Henry S. Brown, Q.C. dated Aug. 3/10 (joint with response to Rothmans, Benson & Hedges Inc. et al motion for lenghty factum), Completed on: 2010-08-03 JTI-MacDonald Corp.
2010-07-30 Response to the motion to state a constitutional question, (bookform), Completed on: 2010-07-30 B.A.T. Industries p.l.c.
2010-07-30 Response to the motion to file a lengthy factum, re: adopt the position of Rothmans, Benson & Hedges Inc. et al and seek an order for a lengthy factum of 40 pages on cross-appeal (bookform), Completed on: 2010-07-30 B.A.T. Industries p.l.c.
2010-07-28 Response to the motion to state a constitutional question, Completed on: 2010-07-28 Imperial Tobacco Canada Limited
2010-07-19 Motion to file a lengthy factum, of 40 pages in the cross-appeals for the 3 respondents/app. on cross-appeal Rothmans, Benson & Hedges and Rothmans Inc., Philip Morris USA Inc.and Philip Morris International Inc. and, if appropriate, limiting their facta on appeal to 20 pages (bookform), Completed on: 2010-07-19 Rothmans, Benson & Hedges Inc.
2010-07-19 Response to the motion to state a constitutional question, (bookform), Completed on: 2010-07-19 Her Majesty the Queen in Right of British Columbia
2010-07-16 Response to the motion to state a constitutional question, Completed on: 2010-07-16 Rothmans, Benson & Hedges Inc.
2010-07-05 Correspondence received from, Henry Brown, Q.C., date July 5-10 re: asking to keep an extra day open for the hearing of the case due to the complexity of the issues Rothmans, Benson & Hedges Inc.
2010-06-21 Notice of appeal, Completed on: 2010-06-21 Attorney General of Canada
2010-06-21 Motion to state a constitutional question, (See letter rec'd Aug. 10/10 re paragraphs (b) and (c) of the motion) (bookform), Completed on: 2010-06-21 Attorney General of Canada
2010-06-18 Notice of cross appeal, Completed on: 2010-06-18 JTI-MacDonald Corp.
2010-06-18 Notice of cross appeal, Completed on: 2010-06-18 R.J. Reynolds Tobacco Company and R.J. Reynolds Tobacco International, Inc.
2010-06-17 Notice of cross appeal, Completed on: 2010-06-17 Imperial Tobacco Canada Limited
2010-06-17 Notice of cross appeal, Completed on: 2010-06-17 Rothmans, Benson & Hedges Inc.
2010-06-17 Notice of cross appeal, Completed on: 2010-06-17 Philip Morris International Inc.
2010-06-17 Notice of cross appeal, Completed on: 2010-06-17 Philip Morris USA Inc.
2010-06-16 Notice of cross appeal, Completed on: 2010-06-16 Carreras Rothmans Limited
2010-06-16 Notice of cross appeal, Completed on: 2010-06-16 B.A.T. Industries p.l.c.
2010-06-15 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2010-05-21 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2010-05-21 Judgment on leave sent to the parties
2010-05-20 Judgment of the Court on the application for leave to appeal, The motion for the right of Her Majesty the Queen in Right of British Columbia to file a response to the conditional applications for leave to cross-appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA036017, CA036048, CA036057, CA036073, CA036080, CA036800 and CA036801, 2009 BCCA 540, dated December 8, 2009, is granted without costs. The applications for leave to cross-appeal are granted with costs in the cause to the respondents Imperial Tobacco Canada Limited, Rothmans, Benson & Hedges Inc., Rothmans Inc., Philip Morris USA Inc. and Philip Morris International Inc., JTI-MacDonald Corp., R.J. Reynolds Tobacco Company and R.J. Reynolds Tobacco International, Inc., B.A.T. Industries p.l.c., British American Tobacco (Investments) Limited and Carreras Rothmans Limited.

Following the filing of the facta by the parties, the matter will be referred to a judge for determination of the time to be allotted at the hearing of the appeal for the argument of Her Majesty the Queen in Right of British Columbia.
Granted, without costs
2010-05-20 Judgment of the Court on the application for leave to cross-appeal, See judgment
Granted, with costs in the cause
2010-05-20 Decision on the miscellaneous motion, See judgment
Granted
2010-05-03 Submission of miscellaneous motion, CJ Abe Cro
2010-05-03 All materials on application for leave submitted to the Judges, CJ Abe Cro
2010-05-03 All material on the application for leave to cross-appeal submitted to the Judges, CJ Abe Cro
2010-04-27 Correspondence received, From Michael Feder, counsel for Philip Morris International, dated April 26, 2010. Re: Response to letter of April 23, 2010 from Attorney General of Canada
2010-04-23 Reply to miscellaneous motion, (Letter Form), from Ryan D.W. Dalziel dated Apr. 22/10, Completed on: 2010-04-23 Her Majesty the Queen in Right of British Columbia
2010-04-23 Correspondence received from, Travis Henderson dated April 23, 2010. Re: Clarification of the parties involved on the style of cause Attorney General of Canada
2010-04-19 Response to miscellaneous motion, Included in the reply to cross-appeal, Completed on: 2010-04-19 JTI-MacDonald Corp.
2010-04-19 Reply to the memorandum in response to the argument on cross-appeal, to both responses. Service missing - Rec'd on April 23, 2010, Completed on: 2010-04-26 JTI-MacDonald Corp.
2010-04-19 Reply to the memorandum in response to the argument on cross-appeal, Completed on: 2010-04-19 Rothmans, Benson & Hedges Inc.
2010-04-19 Reply to the memorandum in response to the argument on cross-appeal, to HMQ B.C. response, Completed on: 2010-04-20 Imperial Tobacco Canada Limited
2010-04-19 Reply to the memorandum in response to the argument on cross-appeal, to A. G. of Canada's response, Completed on: 2010-04-19 Imperial Tobacco Canada Limited
2010-04-19 Reply to the memorandum in response to the argument on cross-appeal, to A. G. of Canada's response, Completed on: 2010-04-19 B.A.T. Industries p.l.c.
2010-04-19 Reply to the memorandum in response to the argument on cross-appeal, to A. G. of Canada's response, Completed on: 2010-04-19 Carreras Rothmans Limited
2010-04-19 Response to miscellaneous motion, (bookform), Completed on: 2010-04-19 B.A.T. Industries p.l.c.
2010-04-19 Response to miscellaneous motion, (bookform), Completed on: 2010-04-19 Carreras Rothmans Limited
2010-04-09 Memorandum of argument in response to the cross-appeal, included in reply, Completed on: 2010-04-09 Attorney General of Canada
2010-04-09 Applicant's reply to respondent's argument, joint with response to cross-appeals (Page 19 was replaced in all books on April 9, 2010), Completed on: 2010-04-09 Attorney General of Canada
2010-04-08 Memorandum of argument in response to the cross-appeal, Completed on: 2010-04-08 Her Majesty the Queen in Right of British Columbia
2010-04-08 Notice of miscellaneous motion, to file a response to the conditional applications for leave cross-appel brought in these proceedings (joint with response to cross-appeal) (bookform), Completed on: 2010-04-08 Her Majesty the Queen in Right of British Columbia
2010-03-10 Application for leave to cross-appeal, CONDITIONAL - Included in the response, Completed on: 2010-03-10 Rothmans, Benson & Hedges Inc.
2010-03-10 Respondent's response on the application for leave to appeal, Completed on: 2010-03-10 Rothmans, Benson & Hedges Inc.
2010-03-10 Application for leave to cross-appeal, CONDITIONAL - Included in the response, Completed on: 2010-03-10 JTI-MacDonald Corp.
2010-03-10 Respondent's response on the application for leave to appeal, Completed on: 2010-03-10 JTI-MacDonald Corp.
2010-03-10 Application for leave to cross-appeal, Included in the response, Completed on: 2010-03-10 Carreras Rothmans Limited
2010-03-10 Respondent's response on the application for leave to appeal, Completed on: 2010-03-10 Carreras Rothmans Limited
2010-03-10 Application for leave to cross-appeal, Included in the response, Completed on: 2010-03-10 B.A.T. Industries p.l.c.
2010-03-10 Respondent's response on the application for leave to appeal, Completed on: 2010-03-10 B.A.T. Industries p.l.c.
2010-03-10 Application for leave to cross-appeal, CONDITIONAL - Included in the response, Completed on: 2010-03-10 Imperial Tobacco Canada Limited
2010-03-10 Respondent's response on the application for leave to appeal, Completed on: 2010-03-10 Imperial Tobacco Canada Limited
2010-03-08 Respondent's response on the application for leave to appeal, (Letter Form), From Ryan Dalziel dated March 5, 2010. Re: Will not be filing a response, Completed on: 2010-03-08 Her Majesty the Queen in Right of British Columbia
2010-02-26 Correspondence received from, Paul Vickery dated February 26, 2010. RE: Return of the C/A order form Attorney General of Canada
2010-02-10 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order
2010-02-08 Application for leave to appeal, C/A order missing - Rec'd on April 13, 2010, Completed on: 2010-04-13 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

Main parties - Appellants
Name Role Status
Attorney General of Canada Appellant / Respondent on cross-appeal Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen in Right of British Columbia Respondent Active
Imperial Tobacco Canada Limited Respondent / Appellant on cross-appeal Active
Rothmans, Benson & Hedges Inc. Respondent / Appellant on cross-appeal Active
Rothmans Inc. Respondent / Appellant on cross-appeal Active
JTI-MacDonald Corp. Respondent / Appellant on cross-appeal Active
R.J. Reynolds Tobacco Company and R.J. Reynolds Tobacco International, Inc. Respondent / Appellant on cross-appeal Active
B.A.T. Industries p.l.c. Respondent / Appellant on cross-appeal Active
British American Tobacco (Investments) Limited Respondent / Appellant on cross-appeal Active
Carreras Rothmans Limited Respondent / Appellant on cross-appeal Active
Philip Morris USA Inc. Respondent / Appellant on cross-appeal Active
Philip Morris International Inc. Respondent / Appellant on cross-appeal Active

Other parties

Other parties
Name Role Status
Attorney General of Ontario Intervener Active
Attorney General of British Columbia Intervener Active
Her Majesty the Queen in Right of the Province of New Brunswick Intervener Active

Counsel

Party: Attorney General of Canada

Counsel
Paul Vickery
Travis Henderson
Myles J. Kirvan
John Tyhurst
Attorney General of Canada
Bank of Canada Building, East Tower
1001- 234 Wellington St
Ottawa, Ontario
K1A 0H8
Telephone: (613) 948-1483
FAX: (613) 941-5879
Email: paul.vickery@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca

Party: Her Majesty the Queen in Right of British Columbia

Counsel
Daniel A. Webster, Q.C.
Ryan D.W. Dalziel
George Copley
Bull, Housser & Tupper LLP
1055 West Georgia Street, Suite 3000
Vancouver, British Columbia
V6E 3R3
Telephone: (604) 641-4874
FAX: (604) 646-2517
Email: daw@bht.com
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Imperial Tobacco Canada Limited

Counsel
Deborah Glendinning
J. Kenneth McEwan, Q.C.
John J.L. Hunter, Q.C.
Patricia Wilson
Osler, Hoskin & Harcourt LLP
P.O. Box 50
1 First Canadian Place
Toronto, Ontario
M5X 1B8
Telephone: (416) 862-4714
FAX: (416) 862-6666
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt LLP
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

Party: Rothmans, Benson & Hedges Inc.

Counsel
Kenneth N. Affleck, Q.C.
Affleck Hira Burgoyne LLP
570 Granville Street, Suite 700
Vancouver, British Columbia
V6C 3P1
Telephone: (604) 800-8020
FAX: (604) 800-9020
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Rothmans Inc.

Counsel
Kenneth N. Affleck, Q.C.
Affleck Hira Burgoyne LLP
570 Granville Street, Suite 700
Vancouver, British Columbia
V6C 3P1
Telephone: (604) 800-8020
FAX: (604) 800-9020
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: JTI-MacDonald Corp.

Counsel
Jeffrey J. Kay, Q.C.
Robert J. McDonell
Teresa M. Tomchak
Farris, Vaughan, Wills & Murphy LLP
2600 - 700 West Georgia Street
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 684-9151
FAX: (604) 661-9349
Email: jkay@farris.com
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: R.J. Reynolds Tobacco Company and R.J. Reynolds Tobacco International, Inc.

Counsel
Jeffrey J. Kay, Q.C.
Robert J. McDonell
Teresa M. Tomchak
Farris, Vaughan, Wills & Murphy LLP
2600 - 700 West Georgia Street
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 684-9151
FAX: (604) 661-9349
Email: jkay@farris.com
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: B.A.T. Industries p.l.c.

Counsel
Craig P. Dennis
Michael D. Shirreff
Sugden, McFee & Roos
700 - 375 Water Street
Vancouver, British Columbia
V6B 5N3
Telephone: (604) 646-1003
FAX: (604) 687-5596
Email: cdennis@smrlaw.ca
Agent
Nicholas Peter McHaffie
Stikeman Elliott LLP
1600 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 566-0546
FAX: (613) 230-8877
Email: nmchaffie@stikeman.com

Party: British American Tobacco (Investments) Limited

Counsel
Craig P. Dennis
Michael D. Shirreff
Sugden, McFee & Roos
700 - 375 Water Street
Vancouver, British Columbia
V6B 5N3
Telephone: (604) 646-1003
FAX: (604) 687-5596
Email: cdennis@smrlaw.ca
Agent
Nicholas Peter McHaffie
Stikeman Elliott LLP
1600 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 566-0546
FAX: (613) 230-8877
Email: nmchaffie@stikeman.com

Party: Carreras Rothmans Limited

Counsel
Christopher M. Rusnak
Harper Grey LLP
3200 - 650 West Georgia Street
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 687-0411
FAX: (604) 669-9385
Email: crusnak@harpergrey.com
Agent
Nicholas Peter McHaffie
Stikeman Elliott LLP
1600 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 566-0546
FAX: (613) 230-8877
Email: nmchaffie@stikeman.com

Party: Philip Morris USA Inc.

Counsel
D. Ross Clark
Davis & Company
2800 Park Place
666 Burrard Street
Vancouver, British Columbia
V6C 2Z7
Telephone: (604) 687-9444
FAX: (604) 687-1612
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Philip Morris International Inc.

Counsel
Simon V. Potter
Michael A. Feder
McCarthy Tétrault, s.e.n.c.r.l., s.r.l.
2500 - 1000, rue De la Gauchetière Ouest
Montréal, Quebec
H3B 0A2
Telephone: (514) 397-4268
FAX: (514) 875-6246
Email: spotter@mccarthy.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Attorney General of British Columbia

Counsel
George H. Copley, Q.C.
Nancy E. Brown
Barbara Carmichael
Attorney General of British Columbia
6th Floor, 1001 Douglas St.
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8875
FAX: (250) 356-9154
Email: george.copley@gov.bc.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Her Majesty the Queen in Right of the Province of New Brunswick

Counsel
Jeffrey S. Leon
Robyn M. Ryan Bell
Michael A. Eizenga
Bennett Jones LLP
3400 One First Canadian Place
P.O. Box 130
Toronto, Ontario
M5X 1A4
Telephone: (416) 777-5480
FAX: (416) 863-1716
Email: leonj@bennettjones.com
Agent
Leslie J. Milton
Fasken Martineau DuMoulin LLP
55, rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6914
FAX: (613) 230-6423
Email: lmilton@fasken.com

Party: Attorney General of Ontario

Counsel
Malliha Wilson
Lynne MCardle
Troy Harrison
Attorney General of Ontario
6th Floor- 720 Bay Street
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4953
FAX: (416) 326-6996
Email: malliha.wilson@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.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.

Constitutional law - Division of powers - Interjurisdictional immunity - Civil procedure - Third party claims - Striking of third party notices - Crown law - Crown liability - Crown immunity - Legislation - Interpretation - Torts - Duty of care - Negligence - Whether the claims alleging negligent misrepresentation in the third party notices should have been struck - Whether the Tobacco Damages and Health Care Costs Recovery Act, S.B.C. 2000, c. 30, is constitutionally inapplicable to the federal Crown because the latter is constitutionally immune from liability under the Act - Whether it is plain and obvious that the following claims against Canada are doomed to fail: (a) Canada can be liable as a “manufacturer” under the Damages and Health Care Costs Recovery Act, by virtue of the federal Crown Liability and Proceedings Act, R.S.C. 1985, c. C 50; (b) Canada breached private law duties of care to Imperial for failure to warn and negligent design; (c) Canada breached private law duties of care to consumers for negligent misrepresentation, negligent design and failure to warn; and (d) Canada can be liable to indemnify the respondents under the doctrine of equitable indemnity.

The Tobacco Damages and Health Care Costs Recovery Act, S.B.C. 2000, c. 30, authorizes the government of British Columbia to bring an action against manufacturers of tobacco products for the recovery of the costs incurred in the treatment and care of individuals with diseases contracted through exposure to tobacco products. The B.C. Government commenced an action against various tobacco manufacturers. Many of the respondents commenced third party proceedings against the appellant Canada, seeking contribution and indemnity. Canada applied to strike out the third party notices as disclosing no reasonable cause of action.

Lower court rulings

April 10, 2008
Supreme Court of British Columbia

S010421, 2008 BCSC 419

Application to strike third party notices as disclosing no reasonable cause of action, granted
December 8, 2009
Court of Appeal for British Columbia (Vancouver)

CA036017, CA036048, CA036057, CA036073, CA036080, CA036800, CA036801, 2009 BCCA 540

Appeal allowed in part

Memorandums of argument on application for leave to appeal

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Date modified: 2025-02-27