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.
33744
Catalyst Paper Corporation v. Corporation of the District of North Cowichan
(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) |
|---|---|---|
| 2012-01-25 | Appeal closed | |
| 2012-01-23 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-01-23 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-01-20 |
Judgment on the appeal rendered, CJ LeB De F Abe Ro Cro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA037651, 2010 BCCA 199, dated April 22, 2010, heard on October 18, 2011, is dismissed with costs. Dismissed, with costs |
|
| 2011-11-03 | Transcript received, (64 pages) | |
| 2011-10-18 | Judgment reserved OR rendered with reasons to follow | |
| 2011-10-18 | Respondent's condensed book, submitted in Court - 14 copies | Corporation of the District of North Cowichan |
| 2011-10-18 | Appellant's condensed book, submitted in Court - 14 copies | Catalyst Paper Corporation |
| 2011-10-18 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2011-10-18 |
Hearing of the appeal, 2011-10-18, CJ LeB De F Abe Ro Cro Judgment reserved |
|
| 2011-10-17 | Correspondence received from, Jeffrey Beedell, dated Oct.17/11, Re: additional authorities - included in the condensed books | Corporation of the District of North Cowichan |
| 2011-10-14 | Correspondence received from, Roy Millen, dated Oct.14/11, Re: additional authorities - relevant excerpts included in condensed books | Catalyst Paper Corporation |
| 2011-10-04 | Notice of appearance, Roy Millen, Joanne Lysyk and Alexandra Luchenko will be present at the hearing. | Catalyst Paper Corporation |
| 2011-10-04 | Notice of appearance, Sukhbir Manhas and Reece Harding will be present at the hearing. | Corporation of the District of North Cowichan |
| 2011-08-29 | Notice of hearing sent to parties | |
| 2011-07-22 |
Appeal hearing scheduled, 2011-10-18, (start time 9:30am) Judgment reserved |
|
| 2011-05-11 | Appeal perfected for hearing | |
| 2011-05-04 | Respondent's book of authorities, Completed on: 2011-05-04 | Corporation of the District of North Cowichan |
| 2011-05-04 | Respondent's factum, Completed on: 2011-05-04 | Corporation of the District of North Cowichan |
| 2011-04-28 | Order on miscellaneous motion | |
| 2011-04-28 |
Decision on miscellaneous motion, Reg, for an order accepting its book of authorities as filed without page numbers Granted |
|
| 2011-04-28 | Submission of miscellaneous motion, Reg | |
| 2011-03-16 | Notice of miscellaneous motion, for an order accepting its book of authorities as filed without page numbers, Completed on: 2011-03-16 | Catalyst Paper Corporation |
| 2011-03-14 | Appellant's factum, Completed on: 2011-03-14 | Catalyst Paper Corporation |
| 2011-03-11 | Appellant's book of authorities, Vol. 1 to 5 - no page numbering, motion rec'd March 16/11, Completed on: 2011-03-16 | Catalyst Paper Corporation |
| 2011-03-11 | Appellant's record, Vol. 1 to 5, Completed on: 2011-03-11 | Catalyst Paper Corporation |
| 2010-11-29 | Notice of appeal, Completed on: 2010-11-29 | Catalyst Paper Corporation |
| 2010-11-10 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2010-10-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-10-29 | Judgment on leave sent to the parties | |
| 2010-10-28 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA037651, 2010 BCCA 199, dated April 22, 2010, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2010-09-07 | All materials on application for leave submitted to the Judges, Bi F Ro | |
| 2010-08-30 | Applicant's reply to respondent's argument, Completed on: 2010-08-30 | Catalyst Paper Corporation |
| 2010-08-19 | Respondent's response on the application for leave to appeal, Completed on: 2010-08-19 | Corporation of the District of North Cowichan |
| 2010-06-30 | Correspondence received from, Roy Millen dated June 29, 2010. Re: Draft C/A order filed | Catalyst Paper Corporation |
| 2010-06-21 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2010-06-21 | Book of authorities, (2 volumes) | Catalyst Paper Corporation |
| 2010-06-21 | Application for leave to appeal, C/A order missing - Rec'd on August 27, 2010, Completed on: 2010-08-27 | Catalyst Paper Corporation |
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 |
|---|---|---|
| Catalyst Paper Corporation | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Corporation of the District of North Cowichan | Respondent | Active |
Counsel
Party: Catalyst Paper Corporation
Counsel
Joanne Lysyk
Alexandra Luchenko
2600 - 595 Burrard Street
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-4220
FAX: (604) 631-3309
Email: roy.millen@blakes.com
Agent
45 O'Connor St.
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: Corporation of the District of North Cowichan
Counsel
Box 12147, Nelson Square
1616 - 808 Nelson Street
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 689-7400
FAX: (604) 689-3444
Email: manhas@younganderson.ca
Agent
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca
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.
Municipal law - Bylaws - Taxation - Business tax - Whether by-law reasonable - Catalyst sought a declaration that the property tax rate established under the bylaw for Class 4 Major Industry properties is unreasonable and thereby illegal - Whether the Court of Appeal erred in holding that a municipal bylaw that is not grounded in any objective criteria or a demonstrably rational policy can nevertheless be considered “reasonable” at law because it reflects a political decision of elected officials - Whether the Court of Appeal erred in holding that, in the absence of specific statutory criteria setting out factors relevant to an exercise of legislative discretion, a municipality has an unfettered right to exercise that discretion.
Catalyst has challenged the property tax rates established by a tax bylaw adopted by Respondent, The Corporation of the District of North Cowichan. The cornerstone of Catalyst’s claim that the tax rates are unreasonable is premised on its assertion that these rates bear no relationship to the municipal services it actually uses or consumes. Catalyst sought a declaration that the property tax rate established under the bylaw for Class 4 Major Industry properties is unreasonable and thereby illegal. The trial judge dismissed the petition. The Court of Appeal dismissed the appeal.
Lower court rulings
Supreme Court of British Columbia
S094246, 2009 BCSC 1420
Petition dismissed with costs
Court of Appeal for British Columbia (Vancouver)
CA037651, 2010 BCCA 199
Appeal dismissed with 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.
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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.
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