Case information
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36465
Corporation of the City of Windsor v. Canadian Transit Company
(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) |
|---|---|---|
| 2017-04-19 | Appeal closed | |
| 2017-04-18 | Discontinuance of the bill of costs, (Letter Form) | Corporation of the City of Windsor |
| 2017-03-13 | Correspondence received from, the appellant. Parties are negotiating costs and would like to put the request for taxation in abeyance until April 17, 2017, to determine if the parties will settle costs. | Corporation of the City of Windsor |
| 2017-03-03 | Bill of costs, Completed on: 2017-03-03 | Corporation of the City of Windsor |
| 2016-12-09 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2016-12-09 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2016-12-08 |
Judgment on the appeal rendered, CJ Abe Cro Mo Ka Wa Ga Côt Br, The appeal from the judgment of the Federal Court of Appeal, Number A-297-14, 2015 FCA 88, dated April 7, 2015, heard on April 21, 2016, is allowed. The order of the Federal Court of Appeal is set aside and the order of the Federal Court striking the Canadian Transit Company’s notice of application is reinstated. Costs are awarded to the Corporation of the City of Windsor in this Court and in the courts below. Abella, Moldaver, Côté and Brown JJ. are dissenting. Allowed |
|
| 2016-05-04 | Transcript received, (97 pages) | |
| 2016-04-21 | Judgment reserved OR rendered with reasons to follow | |
| 2016-04-21 | Intervener's condensed book, Submitted in Court (14 copies) | Federation of Canadian Municipalities |
| 2016-04-21 | Respondent's condensed book, Submitted in Court (14 copies) | Canadian Transit Company |
| 2016-04-21 | Appellant's condensed book, Submitted in Court (14 copies) | Corporation of the City of Windsor |
| 2016-04-21 |
Hearing of the appeal, 2016-04-21, CJ Abe Cro Mo Ka Wa Ga Côt Br Judgment reserved |
|
| 2016-04-20 | Correspondence received from, 6 reserved seats requested | Canadian Transit Company |
| 2016-04-20 | Correspondence received from, 6 reserved seats requested | Corporation of the City of Windsor |
| 2016-04-15 | Supplemental document, Second supplementary book of authorities, Completed on: 2016-04-15 | Canadian Transit Company |
| 2016-04-14 | Supplemental document, Supplementary book of authorities, Completed on: 2016-04-15 | Corporation of the City of Windsor |
| 2016-04-08 | Notice of appearance, Stéphane Émard-Chabot and Marie-France Major will be present at the hearing. | Federation of Canadian Municipalities |
| 2016-04-08 |
Order by, Cro, FURTHER TO THE ORDER dated February 24, 2016, granting leave to intervene to the Attorney General of Canada and the Federation of Canadian Municipalities; IT IS HEREBY FURTHER ORDERED THAT: The said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2016-04-08 | Notice of appearance, Christopher Williams, Courtney Raphael and Jody Johnson will be present at the hearing. | Corporation of the City of Windsor |
| 2016-04-07 | Notice of appearance, Sean Gaudet and Marc Ribeiro will be present at the hearing. | Attorney General of Canada |
| 2016-04-07 | Certificate (on limitations to public access) | Attorney General of Canada |
| 2016-04-07 | Intervener's book of authorities, Completed on: 2016-04-07 | Attorney General of Canada |
| 2016-04-07 | Intervener's factum, Completed on: 2016-04-07 | Attorney General of Canada |
| 2016-04-07 | Notice of appearance, John Laskin and James Gotowiec will be present at the hearing. | Canadian Transit Company |
| 2016-04-01 | Intervener's book of authorities, Completed on: 2016-04-01 | Federation of Canadian Municipalities |
| 2016-04-01 | Intervener's factum, Completed on: 2016-04-01 | Federation of Canadian Municipalities |
| 2016-03-29 | Supplemental document, Supplemental book of authorities, Completed on: 2016-03-29 | Canadian Transit Company |
| 2016-03-16 | Appeal perfected for hearing | |
| 2016-03-14 | Respondent's book of authorities, Completed on: 2016-03-14 | Canadian Transit Company |
| 2016-03-14 | Respondent's factum, Completed on: 2016-03-14 | Canadian Transit Company |
| 2016-02-24 | Order on motion for leave to intervene, by Justice Cromwell | |
| 2016-02-24 |
Decision on the motion for leave to intervene, Cro, UPON APPLICATIONS by the Attorney General of Canada, the Corporation of the City of Mississauga, the City of Burnaby and the Union of British Columbia Municipalities (joint), and the Federation of Canadian Municipalities 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 Canada and the Federation of Canadian Municipalities are granted and each of the said two (2) interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length in this appeal on or before April 8, 2016. The motions for leave to intervene by the Corporation of the City of Mississauga and the City of Burnaby and the Union of British Columbia Municipalities (joint) are dismissed. 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 are 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 interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. The respondent’s request to file a five (5) page factum in reply to the submissions of the interveners or to extend its deadline for filing its response factum to a date after the interveners’ factums are filed, is dismissed. Allowed in part |
|
| 2016-02-24 | Submission of motion for leave to intervene, Cro | |
| 2016-02-17 | Reply to the motion for leave to intervene, Completed on: 2016-02-17 | Corporation of the City of Mississauga |
| 2016-02-17 | Reply to the motion for leave to intervene, Completed on: 2016-02-17 | Federation of Canadian Municipalities |
| 2016-02-15 | Notice of hearing sent to parties | |
| 2016-02-12 | Response to the motion for leave to intervene, Completed on: 2016-02-12 | Corporation of the City of Windsor |
| 2016-02-12 | Response to the motion for leave to intervene, Completed on: 2016-02-12 | Canadian Transit Company |
| 2016-02-10 |
Appeal hearing scheduled, 2016-04-21 Judgment reserved |
|
| 2016-02-08 | Motion for leave to intervene, (Book Form), Completed on: 2016-02-08, (Electronic version filed on 2016-02-08) | Federation of Canadian Municipalities |
| 2016-02-08 | Motion for leave to intervene, (Book Form), Completed on: 2016-02-08, (Electronic version filed on 2016-02-08) | Attorney General of Canada |
| 2016-02-05 | Notice of change of counsel, from Larry P. Lowqenstein of Olser, Hoskin to John B. Laskin of Tory LLP | Canadian Transit Company |
| 2016-02-05 | Motion for leave to intervene, (Book Form), (filed jointly), Completed on: 2016-02-05, (Electronic version filed on 2016-02-05) | City of Burnaby and Union of British Columbia Municipalities |
| 2016-02-03 | Motion for leave to intervene, (Book Form), Completed on: 2016-02-03, (Electronic version filed on 2016-02-03) | Corporation of the City of Mississauga |
| 2016-01-18 | Appellant's book of authorities, (Book Form), Completed on: 2016-01-18 | Corporation of the City of Windsor |
| 2016-01-18 | Appellant's record, (Book Form), (3 volumes), Completed on: 2016-01-18 | Corporation of the City of Windsor |
| 2016-01-18 | Appellant's factum, (Book Form), Completed on: 2016-01-18 | Corporation of the City of Windsor |
| 2015-11-19 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2015-11-18 |
Order by, CJ, THE CHIEF JUSTICE: IT IS HEREBY ORDERED THAT: 1. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before February 8, 2016. 2. The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before February 15, 2016. 3. Replies to any responses to the motions for leave to intervene shall be served and filed on or before February 17, 2016. 4. Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before April 8, 2016. Granted |
|
| 2015-11-06 | Notice of appeal, Completed on: 2015-11-06 | Corporation of the City of Windsor |
| 2015-10-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-10-09 | Judgment on leave sent to the parties | |
| 2015-10-08 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-297-14, 2015 FCA 88, dated April 7, 2015, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2015-08-24 | All materials on application for leave submitted to the Judges, Cro Mo Ga | |
| 2015-08-17 | Applicant's reply to respondent's argument, Completed on: 2015-08-17 | Corporation of the City of Windsor |
| 2015-08-05 | Certificate (if inappropriate for a judge to take part in adjudication) | Canadian Transit Company |
| 2015-08-05 | Certificate (on limitations to public access) | Canadian Transit Company |
| 2015-08-05 | Notice of name | Canadian Transit Company |
| 2015-08-05 | Respondent's response on the application for leave to appeal, Completed on: 2015-08-05 | Canadian Transit Company |
| 2015-06-12 | Correspondence received from, Agent for the applicant, letter dated June 12, 2015 - re: Federal Court of Appeal amended an error at Paragraph 40, line 4 of its judgment. McNamera was changed to McNamara. | Corporation of the City of Windsor |
| 2015-06-05 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED JUNE 5, 2015 | |
| 2015-06-05 | Notice of name | Corporation of the City of Windsor |
| 2015-06-05 | Certificate (on limitations to public access) | Corporation of the City of Windsor |
| 2015-06-05 | Application for leave to appeal, (Book Form), Completed on: 2015-06-05 | Corporation of the City of Windsor |
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 |
|---|---|---|
| Corporation of the City of Windsor | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canadian Transit Company | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Federation of Canadian Municipalities | Intervener | Active |
Counsel
Party: Corporation of the City of Windsor
Counsel
Courtney V. Raphael
Jody E. Johnson
Brookfield Place, Suite 1800
161 Bay Street, Box 754
Toronto, Ontario
M5J 2T9
Telephone: (416) 863-1500
FAX: (416) 863-1515
Email: cwilliams@airdberlis.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: Canadian Transit Company
Counsel
James Gotowiec
P.O. Box 270, TD South Centre
79 Wellington Street West, 30th Floor
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-7317
FAX: (416) 865-7380
Email: jlaskin@torys.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Attorney General of Canada
Counsel
Marc Ribeiro
Public Law Section, PO Box 36, Exchange Twr.
3400 - 130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-0392
FAX: (416) 952-4518
Email: sean.gaudet@justice.gc.ca
Agent
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: Federation of Canadian Municipalities
Counsel
24 Clarence Street
Ottawa, Ontario
K1N 5P3
Telephone: (613) 408-5552
FAX: (613) 241-7440
Email: stephane@emard-chabot.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.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.
Courts - Jurisdiction - Federal Court - Constitutional law - Federal Paramountcy - Interjurisdictional Immunity - Transit Company seeking declaration in Federal Court that City by-law does not apply to properties held by it - Federal Court granting City’s motion to strike - Federal Court of Appeal finding Federal Court has jurisdiction to deal with application - Whether Federal Court has jurisdiction over this dispute having regard to true nature of dispute and application of test in ITO-International Terminal Operators Ltd. v. Miida Electronics Inc., [1986] 1 S.C.R. 752 - Whether existence of sufficient federal law in determining dispute satisfies requirements of ITO-Int’l Terminal Operators test - Whether Constitution Act, 1867 and 1982 is a law of Canada for purposes of s. 101 of Constitution Act, 1867 for purposes of establishing jurisdiction of Federal Court.
The respondent Canadian Transit Company (“CTC”) owns and operates the bridge spanning between Windsor and Detroit. It plans to build another bridge and purchased land in Windsor. The appellant, the Corporation of the City of Windsor (“City”) alleges the properties have not been properly maintained and under its by-laws issued repair orders against CTC’s 114 properties.
CTC applied to the Federal Court. In its notice of application, CTC seeks a declaration that the City’s by-law “does not apply to properties purchased, leased or otherwise acquired and held” by it, including the 114 properties.
The City bought a motion to strike the application in the Federal Court. The Federal Court allowed the motion. The Federal Court of Appeal allowed the appeal, set aside the judgment of the Federal Court and dismissed the motion to strike.
Lower court rulings
Federal Court
T-1699-13, 2014 FC 461
City of Windsor’s motion to strike granted.
Federal Court of Appeal
A-297-14, 2015 FCA 88
Appeal allowed, judgment of Federal Court set aside and motion to strike dismissed.
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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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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