Case information

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)
2015-11-09	Appeal closed
2015-11-09	Certificate of taxation issued to, Mr. Brian Murphy
2015-11-09	Decision on the bill of costs, in the amount of $5,817.03, DeRg
2015-11-06	Submission of the bill of costs, DeRg
2015-07-31	Decision on the motion for a re-hearing of the appeal, CJ Abe Ro Cro Mo Wa Ga, UPON APPLICATION by the appellants for a re-hearing of the appeal heard by this Court on October 7, 2014; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed
2015-07-31	All material on motion for a re-hearing of the appeal submitted to Justices, CJ Abe Ro Cro Mo Wa Ga
2015-07-07	Bill of costs, Completed on: 2015-07-07	Abbott and Haliburton Company Limited
2015-06-16	Response to the motion for a re-hearing of the appeal, (Letter Form), Completed on: 2015-06-23, (Electronic version filed on 2015-06-16)	Abbott and Haliburton Company Limited
2015-06-03	Response to the motion for a re-hearing of the appeal, (Letter Form), Completed on: 2015-06-03, (Electronic version filed on 2015-06-03)	Attorney General of Canada
2015-06-02	Motion for a re-hearing of the appeal, (Book Form), Completed on: 2015-06-02, (Electronic version filed on 2015-06-02)	White Burgess Langille Inman, carrying on business as WBLI Chartered Accountants
2015-05-01	Formal judgment sent to the registrar of the court of appeal and all parties
2015-05-01	Judgment on appeal and notice of deposit of judgment sent to all parties
2015-04-30	Judgment on the appeal rendered, CJ Abe Ro Cro Mo Wa Ga, The appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 397520, 2013 NSCA 66, dated May 24, 2013, heard on October 7, 2014, is dismissed with costs. Dismissed, with costs
2015-02-19	Correspondence received from, (Letter Form), Mr. Nicholas McHaffie, agent for the appelant, WBLI to provide the Court with a copy of the Judgment rendered 2015-01-29 in Moore v. Getahun, 2015 ONCA 55. Distributon 2015-02-20., (Electronic version filed on 2015-02-19)	White Burgess Langille Inman, carrying on business as WBLI Chartered Accountants
2014-10-23	Transcript received, (113 pages)
2014-10-07	Judgment reserved OR rendered with reasons to follow
2014-10-07	Hearing of the appeal, 2014-10-07, CJ Abe Ro Cro Mo Wa Ga Judgment reserved
2014-10-07	Intervener's condensed book, (Book Form), (14 copies) distributed at the hearing	Criminal Lawyers' Association (Ontario)
2014-10-07	Intervener's condensed book, (Book Form), (14 copies) distributed at the hearing	Attorney General of Canada
2014-10-07	Respondent's condensed book, (Book Form), (14 copies) distributed at the hearing	Abbott and Haliburton Company Limited
2014-10-07	Appellant's condensed book, (Book Form), (14 copies) distributed at the hearing	White Burgess Langille Inman, carrying on business as WBLI Chartered Accountants
2014-10-07	Acknowledgement and consent for video taping of proceedings, from all parties
2014-10-02	Correspondence received from, Nicholas McHaffie, Request for 2 reserved seats	White Burgess Langille Inman, carrying on business as WBLI Chartered Accountants
2014-10-02	Supplemental document, Suppl. Book of Authorities, Completed on: 2014-10-02	Abbott and Haliburton Company Limited
2014-09-30	Notice of appearance, Matthew Gourlay will be present at the hearing	Criminal Lawyers' Association (Ontario)
2014-09-29	Notice of appearance, Mr. Michael H. Morris will be present at the hearing	Attorney General of Canada
2014-09-29	Notice of appearance, Mr. Jon Laxer will be present at the hearing	Abbott and Haliburton Company Limited
2014-09-29	Supplemental document, (Book Form), SUPPLEMENTARY BOOK OF AUTHORITIES, Completed on: 2014-09-29, (Electronic version filed on 2014-09-29)	White Burgess Langille Inman, carrying on business as WBLI Chartered Accountants
2014-09-26	Notice of appearance, Brian F.P. Murphy will be present at the hearing	Abbott and Haliburton Company Limited
2014-09-25	Notice of appearance, Alan D'Silva, James Wilson and Aaron Kreaden will be present at the hearing	White Burgess Langille Inman, carrying on business as WBLI Chartered Accountants
2014-09-17	Correspondence received from, Brian F.P. Murphy, by fax, Re: information on length of hearing	Abbott and Haliburton Company Limited
2014-09-05	Notice of hearing sent to parties
2014-09-05	Appeal hearing scheduled, 2014-10-07 Judgment reserved
2014-07-31	Order by, ROTHSTEIN J.: FURTHER TO THE ORDERS dated May 7, 2014 and June 4, 2014, granting leave to intervene to the Attorney General of Canada and the Criminal Lawyers’ Association (Ontario); IT IS HEREBY FURTHER ORDERED THAT the Attorney General of Canada and the Criminal Lawyers’ Association (Ontario) are each granted permission to present oral argument not exceeding 10 minutes at the hearing of the appeal. Granted
2014-07-30	Intervener's book of authorities, (Book Form), 4 VOLUMES, Completed on: 2014-07-30, (Electronic version filed on 2014-07-31)	Criminal Lawyers' Association (Ontario)
2014-07-30	Intervener's factum, (Book Form), Completed on: 2014-07-30, (Electronic version filed on 2014-07-31)	Criminal Lawyers' Association (Ontario)
2014-07-02	Intervener's book of authorities, Completed on: 2014-07-02	Attorney General of Canada
2014-07-02	Intervener's factum, Completed on: 2014-07-02	Attorney General of Canada
2014-06-10	Appeal perfected for hearing
2014-06-04	Order on motion for leave to intervene, (CROMWELL J.)
2014-06-04	Decision on the motion for leave to intervene, Cro, UPON APPLICATION by the Criminal Lawyers’ Association (Ontario) for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; AND NOTING that the appellants and respondents have not filed any responses; IT IS HEREBY ORDERED THAT: The motion for an extension of time to apply for leave to intervene and for leave to intervene of the Criminal Lawyers’ Association (Ontario) is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before July 30, 2014. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener is not 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 intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. Granted
2014-06-04	Submission of motion for leave to intervene, Cro
2014-05-23	Respondent's book of authorities, (Book Form), Completed on: 2014-05-23, (Electronic version filed on 2014-05-23)	Abbott and Haliburton Company Limited
2014-05-23	Respondent's factum, (Book Form), 12 more copies to come, Completed on: 2014-05-23, (Electronic version filed on 2014-05-23)	Abbott and Haliburton Company Limited
2014-05-09	Motion for leave to intervene, (Letter Form), Motion for extension of time., Completed on: 2014-05-09, (Printed version filed on 2014-05-09)	Criminal Lawyers' Association (Ontario)
2014-05-07	Order on motion for leave to intervene, (by ROTHSTEIN J.)
2014-05-07	Decision on the motion for leave to intervene, Ro, UPON APPLICATION by the Attorney General of Canada for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; AND NOTING that the appellants and respondents have not filed any responses; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the Attorney General of Canada is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before July 2, 2014. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener is not 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 intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. Granted
2014-05-07	Submission of motion for leave to intervene, Ro
2014-04-25	Motion for leave to intervene, (Book Form), Completed on: 2014-04-25, (Electronic version filed on 2014-04-25)	Attorney General of Canada
2014-03-28	Certificate of counsel (attesting to record), (Electronic version filed on 2014-03-28)	White Burgess Langille Inman, carrying on business as WBLI Chartered Accountants
2014-03-28	Appellant's book of authorities, (2 volumes), Completed on: 2014-03-28	White Burgess Langille Inman, carrying on business as WBLI Chartered Accountants
2014-03-28	Appellant's record, (4 volumes), Completed on: 2014-03-28	White Burgess Langille Inman, carrying on business as WBLI Chartered Accountants
2014-03-28	Appellant's factum, Completed on: 2014-03-28	White Burgess Langille Inman, carrying on business as WBLI Chartered Accountants
2013-12-17	Notice of appeal, Completed on: 2013-12-17	White Burgess Langille Inman, carrying on business as WBLI Chartered Accountants
2013-12-17	Correspondence received from, Nicholas McHaffie dated 2013-12-17. Re: Nicholas McHaffie of Stikeman Elliott LLP will now be acting as agents	White Burgess Langille Inman, carrying on business as WBLI Chartered Accountants
2013-12-10	Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2013-11-22	Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2013-11-22	Judgment on leave sent to the parties
2013-11-21	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 397520, 2013 NSCA 66, dated May 24, 2013, is granted with costs in the cause. Granted, with costs in the cause
2013-10-21	All materials on application for leave submitted to the Judges, LeB Ka Wa
2013-10-03	Applicant's reply to respondent's argument, (Book Form), Service missing (rec'd 2013-10-22), Completed on: 2013-10-22	White Burgess Langille Inman, carrying on business as WBLI Chartered Accountants
2013-09-23	Book of authorities, (Book Form)	Abbott and Haliburton Company Limited
2013-09-23	Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-09-23	Abbott and Haliburton Company Limited
2013-08-28	Letter acknowledging receipt of a complete application for leave to appeal
2013-08-22	Book of authorities, (Book Form)	White Burgess Langille Inman, carrying on business as WBLI Chartered Accountants
2013-08-22	Application for leave to appeal, (Book Form), 3 volumes, Completed on: 2013-08-22	White Burgess Langille Inman, carrying on business as WBLI Chartered Accountants

Parties

Main parties

Main parties - Appellants

Name	Role	Status
White Burgess Langille Inman, carrying on business as WBLI Chartered Accountants	Appellant	Active
Burgess, R. Brian	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
Abbott and Haliburton Company Limited	Respondent	Active
A.W. Allen & Son Limited, Berwick Building Supplies Limited, Bishop’s Falls Building Supplies Limited	Respondent	Active
Arthur Boudreau & Fils Ltée, Brennan Contractors & Supplies Ltd.	Respondent	Active
F. J. Brideau & Fils Limitée, Cabot Building Supplies Company (1988) Limited, Robert Churchill Building Supplies Limited	Respondent	Active
CDL Holdings Limited, formerly Chester Dawe Limited, Fraser Supplies (1980 ) Ltd., R. D. Gillis Building Supplies Limited, Yvon Godin Ltd., Truro Wood Industries Limited/Home Care Properties Limited, Hann’s Hardware and Sporting Goods Limited	Respondent	Active
Harbour Breton Building Supplies Limited, Hillier's Trades Limited, Hubcraft Building Supplies Limited, Lumbermart Limited, Maple Leaf Farm Supplies Limited	Respondent	Active
S.W. Mifflin Ltd., Nauss Brothers Limited, O’Leary Farmers’ Co-operative Ass’n. Ltd., Pellerin Building Supplies Inc., Pleasant Supplies Incorporated, J. I. Pritchett & Sons Limited	Respondent	Active
Centre Multi-Décor De Richibucto Ltée, U. J. Robichaud & Sons Woodworkers Limited, La Quincaillerie Saint-Louis Ltée, R & J Swinamer’s Supplies Limited, 508686 N.B. INC. operating as T.N.T. Insulation and Building Supplies	Respondent	Active
Taylor Lumber and Building Supplies Limited, Two by Four Lumber Sales Ltd., Walbourne Enterprises Ltd., Western Bay Hardware Limited, White’s Construction Limited, D. J. Williams and Sons Limited, and Woodland Building Supplies Limited	Respondent	Active

Other parties

Other parties

Name	Role	Status
Attorney General of Canada	Intervener	Active
Criminal Lawyers' Association (Ontario)	Intervener	Active

Counsel

Summary

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.

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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.

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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Webcasts

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