Case information
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34678
Sable Offshore Energy Inc., as agent for and on behalf of the Working Interest Owners of the Sable Offshore Energy Project, et al. v. Ameron International Corporation, et al.
(Nova Scotia) (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) |
|---|---|---|
| 2014-02-13 | Appeal closed | |
| 2014-02-13 | Correspondence received from, Patricia J. Wilson, re: do not wish to pursue the taxation of the bill of costs | Sable Offshore Energy Inc., as agent for and on behalf of the Working Interest Owners of the Sable Offshore Energy Project |
| 2014-02-05 | Correspondence received from, John Merrick, re: do not dispute the taxation of the Bill of Costs | Ameron International Corporation |
| 2014-01-31 | Response to the bill of costs, Completed on: 2014-01-31 | Ameron International Corporation |
| 2014-01-21 | Bill of costs, Completed on: 2014-01-21 | Sable Offshore Energy Inc., as agent for and on behalf of the Working Interest Owners of the Sable Offshore Energy Project |
| 2013-06-24 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-06-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-06-21 |
Judgment on the appeal rendered, CJ LeB Abe Cro Mo Ka Wa, The appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 347078, 2011 NSCA 121, dated December 22, 2011, heard on March 25, 2013, is allowed with costs throughout. Allowed, with costs |
|
| 2013-04-10 | Transcript received, (89 pages) | |
| 2013-03-25 | Judgment reserved OR rendered with reasons to follow | |
| 2013-03-25 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Ameron International Corporation |
| 2013-03-25 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Sable Offshore Energy Inc., as agent for and on behalf of the Working Interest Owners of the Sable Offshore Energy Project |
| 2013-03-25 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2013-03-25 |
Hearing of the appeal, 2013-03-25, CJ LeB Abe Cro Mo Ka Wa Judgment reserved |
|
| 2013-03-19 | Supplemental document, (Book Form), Authorities, Completed on: 2013-03-19 | Sable Offshore Energy Inc., as agent for and on behalf of the Working Interest Owners of the Sable Offshore Energy Project |
| 2013-03-12 | Notice of appearance, John Merrick, Q.C. and Darlene Jamieson, Q.C. will be appearing | Ameron International Corporation |
| 2013-03-11 | Notice of appearance, Robert Belliveau, Q.C. and Kevin Gibson will be appearing | Sable Offshore Energy Inc., as agent for and on behalf of the Working Interest Owners of the Sable Offshore Energy Project |
| 2013-03-07 | Notice of appearance, Terrence L.S. Teed, Q.C. and Ronald J. Savoy will be appearing | Allcolor Paint Limited, Amercoat Canada, Rubyco Ltd., Danroh Inc. and Serious Business Inc. |
| 2013-03-06 | Supplemental document, (Book Form), As per the order of Justice Cromwell date Mar. 1, 2013, Completed on: 2013-03-06 | Sable Offshore Energy Inc., as agent for and on behalf of the Working Interest Owners of the Sable Offshore Energy Project |
| 2013-03-06 | Reply factum on appeal, (Book Form), As per the order of Justice Cromwell date Mar. 1, 2013, Completed on: 2013-03-08 | Sable Offshore Energy Inc., as agent for and on behalf of the Working Interest Owners of the Sable Offshore Energy Project |
| 2013-03-01 | Order on motion to file a reply factum on appeal, (by CROMWELL J.) | |
| 2013-03-01 |
Decision on the motion to file a reply factum on appeal, As per the order of Justice Cromwell date Mar. 1, 2013, Cro, UPON APPLICATION by the appellants for an order permitting the appellants to serve and file a 3 page reply factum in response to the factum of the respondents Ameron International Corporation and Ameron B.V. and a Supplementary Record of the Appellants, containing the “Sable Owners Claim For Damages Executive Summary” and excerpts from the transcript of the hearing before the Nova Scotia Court of Appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. The appellants shall serve and file the reply factum and the supplementary record within one week of this order Granted |
|
| 2013-03-01 | Submission of motion to file a reply factum on appeal, Cro | |
| 2013-02-27 | Response to motion to file a reply factum on appeal, (Letter Form), from Ronald J. Savoy dated Feb. 26/13, Completed on: 2013-02-27 | Allcolor Paint Limited, Amercoat Canada, Rubyco Ltd., Danroh Inc. and Serious Business Inc. |
| 2013-02-22 | Response to motion to file a reply factum on appeal, (Letter Form), from Marie-France Major dated Feb. 22/13, Completed on: 2013-02-22 | Ameron International Corporation |
| 2013-02-15 | Motion to file a reply factum on appeal, (Book Form), and to file supplemenary materials, Completed on: 2013-02-15 | Sable Offshore Energy Inc., as agent for and on behalf of the Working Interest Owners of the Sable Offshore Energy Project |
| 2013-02-04 | Respondent's book of authorities, Completed on: 2013-02-04 | Ameron International Corporation |
| 2013-02-04 | Respondent's factum, Completed on: 2013-02-04 | Ameron International Corporation |
| 2013-01-31 | Appeal perfected for hearing | |
| 2013-01-30 | Respondent's book of authorities, (Book Form), Completed on: 2013-01-30 | Allcolor Paint Limited, Amercoat Canada, Rubyco Ltd., Danroh Inc. and Serious Business Inc. |
| 2013-01-30 | Respondent's record, (Book Form), Completed on: 2013-01-30 | Allcolor Paint Limited, Amercoat Canada, Rubyco Ltd., Danroh Inc. and Serious Business Inc. |
| 2013-01-30 | Respondent's factum, (Book Form), Completed on: 2013-01-30 | Allcolor Paint Limited, Amercoat Canada, Rubyco Ltd., Danroh Inc. and Serious Business Inc. |
| 2012-12-12 | Notice of hearing sent to parties | |
| 2012-11-26 | Correspondence received from, Kevin Gibson dated November 26, 2012. Re: Appeal taken from the decision in Re Hollinger Inc, 2012 ONSC 5107 | Sable Offshore Energy Inc., as agent for and on behalf of the Working Interest Owners of the Sable Offshore Energy Project |
| 2012-11-22 |
Appeal hearing scheduled, 2013-03-25 Judgment reserved |
|
| 2012-11-20 | Appellant's book of authorities, Completed on: 2012-11-20 | Sable Offshore Energy Inc., as agent for and on behalf of the Working Interest Owners of the Sable Offshore Energy Project |
| 2012-11-20 | Appellant's record, Completed on: 2012-11-20 | Sable Offshore Energy Inc., as agent for and on behalf of the Working Interest Owners of the Sable Offshore Energy Project |
| 2012-11-20 | Appellant's factum, Completed on: 2012-11-20 | Sable Offshore Energy Inc., as agent for and on behalf of the Working Interest Owners of the Sable Offshore Energy Project |
| 2012-09-07 | Correspondence received from, Ronald Savoy dated September 7, 2012. Re: Jaye Hooper from Williams McEnery will act as agent | Allcolor Paint Limited, Amercoat Canada, Rubyco Ltd., Danroh Inc. and Serious Business Inc. |
| 2012-08-28 | Notice of appeal, Completed on: 2012-08-28 | Sable Offshore Energy Inc., as agent for and on behalf of the Working Interest Owners of the Sable Offshore Energy Project |
| 2012-07-13 | Correspondence received from, Terrence Teed dated July 13, 2012. Re: Correction to the law firm address | Allcolor Paint Limited, Amercoat Canada, Rubyco Ltd., Danroh Inc. and Serious Business Inc. |
| 2012-07-04 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-06-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-06-29 | Judgment on leave sent to the parties | |
| 2012-06-28 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 347078, 2011 NSCA 121, dated December 22, 2011, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2012-04-30 | All materials on application for leave submitted to the Judges, CJ Ro Mo | |
| 2012-03-30 | Applicant's reply to respondent's argument, Completed on: 2012-03-30 | Sable Offshore Energy Inc., as agent for and on behalf of the Working Interest Owners of the Sable Offshore Energy Project |
| 2012-03-19 | Respondent's response on the application for leave to appeal, Completed on: 2012-03-19 | Ameron International Corporation |
| 2012-03-19 | Respondent's response on the application for leave to appeal, service missing (rec'd March 20, 2012), Completed on: 2012-03-21 | Allcolor Paint Limited, Amercoat Canada, Rubyco Ltd., Danroh Inc. and Serious Business Inc. |
| 2012-02-20 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2012-02-20 | Application for leave to appeal, Service missing (rec'd Feb.21, 2012), Completed on: 2012-02-21 | Sable Offshore Energy Inc., as agent for and on behalf of the Working Interest Owners of the Sable Offshore Energy Project |
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 |
|---|---|---|
| Sable Offshore Energy Inc., as agent for and on behalf of the Working Interest Owners of the Sable Offshore Energy Project | Appellant | Active |
| Exxon Mobil Canada Properties, Shell Canada Limited, Imperial Oil Resources, Mosbacher Operating Ltd., Pengrowth Corporation | Appellant | Active |
| Exxon Mobil Canada Properties, as operator of the Sable Offshore Energy Project | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ameron International Corporation | Respondent | Active |
| Ameron B.V. | Respondent | Active |
| Allcolor Paint Limited, Amercoat Canada, Rubyco Ltd., Danroh Inc. and Serious Business Inc. | Respondent | Active |
Counsel
Party: Sable Offshore Energy Inc., as agent for and on behalf of the Working Interest Owners of the Sable Offshore Energy Project
Counsel
Kevin Gibson
1300 - 1969 Upper Water Street
Purdy's Wharf Tower II, P.O. Box 730
Halifax, Nova Scotia
B3J 2V1
Telephone: (902) 425-6500
FAX: (902) 425-6350
Email: robert.belliveau@mcinnescoper.com
Agent
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Exxon Mobil Canada Properties, Shell Canada Limited, Imperial Oil Resources, Mosbacher Operating Ltd., Pengrowth Corporation
Counsel
1300 - 1969 Upper Water Street
Purdy's Wharf Tower II, P.O. Box 730
Halifax, Nova Scotia
B3J 2V1
Telephone: (902) 425-6500
FAX: (902) 425-6350
Email: robert.belliveau@mcinnescoper.com
Agent
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Exxon Mobil Canada Properties, as operator of the Sable Offshore Energy Project
Counsel
1300 - 1969 Upper Water Street
Purdy's Wharf Tower II, P.O. Box 730
Halifax, Nova Scotia
B3J 2V1
Telephone: (902) 425-6500
FAX: (902) 425-6350
Email: robert.belliveau@mcinnescoper.com
Agent
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Ameron International Corporation
Counsel
Darlene Jamieson, Q.C.
Tammy Manning
503-5475 Spring Garden Road
Halifax, Nova Scotia
B3J 3T2
Telephone: (902) 429-3123
FAX: (902) 429-3522
Email: jmerrick@mjswm.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Ameron B.V.
Counsel
Darlene Jamieson, Q.C.
Tammy Manning
503-5475 Spring Garden Road
Halifax, Nova Scotia
B3J 3T2
Telephone: (902) 429-3123
FAX: (902) 429-3522
Email: jmerrick@mjswm.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Allcolor Paint Limited, Amercoat Canada, Rubyco Ltd., Danroh Inc. and Serious Business Inc.
Counsel
Ronald J. Savoy
Suite 300 - Heritage Court
95 Foundry Street
Moncton, New Brunswick
E1C 5H7
Telephone: (506) 857-8856
FAX: (506) 857-2017
Email: tlsteed@bingham.ca
Agent
169 Gilmour Street
Ottawa, Ontario
K2P 0N8
Telephone: (613) 237-0520
FAX: (613) 237-3163
Email: hooper@williamsmcenery.com
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.
Civil Procedure Disclosure Settlement amounts Multi party claims Whether a party to a settlement agreement in multi party litigation must disclose the financial terms of the settlement to the remaining opposing parties before trial Whether privilege extends to a concluded settlement agreement.
The appellants commenced three actions against multiple defendants arising from paint failures on their offshore and onshore facilities. The respondents were among the defendants. Some of the defendants entered into proportionate share settlement agreements (“Pierrenger settlements”) with the appellants. These agreements permitted the settling defendants to withdraw from the litigation, leaving the respondents as the remaining defendants responsible only for their proportionate share of the loss. The respondents requested disclosure of the settlement amounts. The motions judge denied disclosure. The Court of Appeal allowed the appeal and ordered disclosure of the settlement amounts
Lower court rulings
Supreme Court of Nova Scotia, Trial Division
220343, 2010 NSSC 473
Application for disclosure of settlement amounts dismissed
Nova Scotia Court of Appeal
CA 347078, 2011 NSCA 121
Appeal allowed and disclosure of settlement amounts ordered
Memorandums of argument on application for leave to appeal
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