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.
36639
Urban Communications Inc. v. BCNET Networking Society
(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) |
|---|---|---|
| 2016-11-14 | Transcript received, 147 pages | |
| 2016-11-08 | Appeal closed | |
| 2016-11-04 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2016-11-04 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2016-11-03 |
Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA041741, 2015 BCCA 297, dated June 29, 2015, was heard on November 1, 2016, and the Court on that day delivered the following judgment orally: THE CHIEF JUSTICE — We are all of the view that the appeal should be dismissed substantially for the reasons of the Court of Appeal of British Columbia. Dismissed |
|
| 2016-11-01 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | BCNET Networking Society |
| 2016-11-01 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Urban Communications Inc. |
| 2016-11-01 |
Hearing of the appeal, 2016-11-01, CJ Abe Mo Ka Wa Ga Côt Br Row Judgment rendered |
|
| 2016-10-27 | Correspondence received from, Will be relying on additional authority at the appeal. | Urban Communications Inc. |
| 2016-10-19 | Correspondence received from, 3 reserved seats requested. | Urban Communications Inc. |
| 2016-10-19 | Notice of appearance, Murray L Smith and Jeffrey W. Beedell will be appearing at the hearing. Mr. Smith will present oral arguments. | Urban Communications Inc. |
| 2016-08-31 | Notice of appearance, David P. Church, Q.C., Andrew Pearson and Ian Schildt will be present at the hearing. Mr. Church, Q.C. will present oral arguments. | BCNET Networking Society |
| 2016-08-26 | Notice of hearing sent to parties | |
| 2016-08-10 |
Appeal hearing scheduled, 2016-11-01 Judgment rendered |
|
| 2016-08-02 | Appeal perfected for hearing | |
| 2016-07-27 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-07-27) | BCNET Networking Society |
| 2016-07-27 | Respondent's book of authorities, (Book Form), Completed on: 2016-07-27, (Electronic version filed on 2016-07-27) | BCNET Networking Society |
| 2016-07-27 | Respondent's record, (Book Form), Completed on: 2016-07-27, (Electronic version filed on 2016-07-27) | BCNET Networking Society |
| 2016-07-27 | Respondent's factum, (Book Form), Completed on: 2016-07-27, (Electronic version filed on 2016-07-27) | BCNET Networking Society |
| 2016-06-03 | Certificate of counsel (attesting to record) | Urban Communications Inc. |
| 2016-06-03 | Appellant's book of authorities, Completed on: 2016-06-03 | Urban Communications Inc. |
| 2016-06-03 | Appellant's record, Completed on: 2016-06-03 | Urban Communications Inc. |
| 2016-06-03 | Appellant's factum, Completed on: 2016-06-03 | Urban Communications Inc. |
| 2016-03-18 | Notice of appeal, (Letter Form), Completed on: 2016-03-21, (Electronic version due on 2016-03-29) | Urban Communications Inc. |
| 2016-03-07 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2016-02-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-02-19 | Judgment on leave sent to the parties | |
| 2016-02-18 |
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 CA041741, 2015 BCCA 297, dated June 29, 2015, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2016-01-18 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2015-10-19 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-10-19, (Electronic version filed on 2015-10-19) | Urban Communications Inc. |
| 2015-10-09 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-10-09) | BCNET Networking Society |
| 2015-10-09 | Notice of name, (Letter Form), (Electronic version filed on 2015-10-09) | BCNET Networking Society |
| 2015-10-09 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-10-09, (Electronic version filed on 2015-10-09) | BCNET Networking Society |
| 2015-09-29 | Letter acknowledging receipt of an incomplete application for leave to appeal, File opened 2015-09-29 | |
| 2015-09-25 | Certificate (on limitations to public access), (Electronic version filed on 2015-09-25) | Urban Communications Inc. |
| 2015-09-25 | Notice of name, (Letter Form), (Electronic version filed on 2015-09-25) | Urban Communications Inc. |
| 2015-09-25 | Application for leave to appeal, (Book Form), CA orders file 2015-10-29, Completed on: 2015-11-03, (Electronic version filed on 2015-09-25) | Urban Communications Inc. |
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 |
|---|---|---|
| Urban Communications Inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| BCNET Networking Society | Respondent | Active |
Counsel
Party: Urban Communications Inc.
Counsel
105-1008 Beach Avenue
Vancouver, British Columbia
V6E 1T7
Telephone: (604) 689-4438
FAX: (604) 689-4451
Email: msmith@smithbarristers.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: BCNET Networking Society
Counsel
Andrew J. Pearson
Ian G. Schildt
900 - 1040 West Georgia Street
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 331-9501
FAX: (604) 408-8278
Email: church@churchlegal.com
Agent
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.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.
Arbitration — Appeals — Commercial arbitration award — Exercising of options under agreement between parties — Arbitrator ruling option exercised — Chambers judge granting leave to appeal and amending arbitrator’s award — Court of Appeal reinstating arbitrator’s award — Whether legal validity of exercise of an option is a question of mixed fact and law because it requires a determination of objective intent of optionee — Whether Court of Appeal erring in law by conflating principles of law for interpretation of contracts and principles of law for formation of contracts — What is test for a Court of Appeal to substitute a decision as to what is a pure question of law for decision of a Supreme Court judge made on the first level of appeal from an arbitration award — Arbitration Act, R.S.B.C. 1996, c. 55, s. 31.
Under s. 31 of the Arbitration Act, R.S.B.C. 1996, c. 55, the arbitrator had to determine whether the respondent BCNET Networking Society properly and validly exercised its options under the agreement between itself and the applicant Urban Communications Inc. The arbitrator ruled in favour of the respondent finding the options had been properly exercised.
The chambers judge granted leave to appeal, allowed the appeal and amended the arbitrator’s award. The Court of Appeal allowed the appeal and reinstated the arbitrator’s award.
Lower court rulings
Supreme Court of British Columbia
S131290, 2014 BCSC 485
Leave to appeal granted. Arbitrator erred in law on two points. Counsel invited to make submissions on third and fourth questions of law and appropriate remedy.
Supreme Court of British Columbia
S131290, 2014 BCSC 1045
Arbitrator erred in law on third and fourth questions. Arbitrator’s award amended.
Court of Appeal for British Columbia (Vancouver)
CA041741, 2015 BCCA 297
Appeal allowed. Chamber judge’s order granting leave to appeal arbitrator’s award, allowing the appeal and varying the award set aside. Leave to appeal dismissed and arbitrator’s award reinstated.
Memorandums of argument on application for leave to appeal
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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.
Downloadable PDFs
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