Docket

30823

Canadian Western Bank, et al. v. Her Majesty the Queen in Right of Alberta

(Alberta) (Civil) (By Leave)

Proceedings
Date Proceeding Filed By
(if applicable)
2008-05-20 Appeal closed
2008-05-16 Bill of costs discontinued Her Majesty the Queen in Right of Alberta
2007-10-12 Bill of costs, (fees to follow), Completed on: 2008-05-16 Her Majesty the Queen in Right of Alberta
2007-06-01 Formal judgment sent to the registrar of the court of appeal and all parties
2007-06-01 Judgment on appeal and notice of deposit of judgment sent to all parties
2007-05-31 Judgment on the appeal rendered, CJ Ba Bi LeB F Abe Cha, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0303-0317-AC, dated January 14, 2005, heard on April 11, 2006, is dismissed with costs. The constitutional questions are answered as follows:

1. Are Alberta's Insurance Act, R.S.A. 2000, c. I-3, and the regulations made thereunder, in whole or in part, constitutionally inapplicable to the promotion by banks of an "authorized type of insurance" or "personal accident insurance" as defined in the Insurance Business (Banks and Bank Holding Companies) Regulations, SOR/92-330, by reason of the doctrine of interjurisdictional immunity?
Answer: No.

2. Are Alberta's Insurance Act, R.S.A. 2000, c. I-3, and the regulations made thereunder, in whole or in part, constitutionally inoperative in relation to the promotion by banks of an "authorized type of insurance" or "personal accident insurance" as defined in the Insurance Business (Banks and Bank Holding Companies) Regulations, SOR/92-330, by reason of the doctrine of federal legislative paramountcy?

Answer: No.
Dismissed, with costs
2006-04-25 Transcription received, (129 pages)
2006-04-11 Judgment reserved OR rendered with reasons to follow
2006-04-11 Respondent's condensed book, Submitted in Court (14 copies) Her Majesty the Queen in Right of Alberta
2006-04-11 Appellant's condensed book, Submitted in Court (14 copies) Canadian Western Bank
2006-04-11 Acknowledgement and consent for video taping of proceedings, From all parties.
2006-04-11 Hearing of the appeal, 2006-04-11, CJ Ba Bi LeB F Abe Cha
Judgment reserved
2006-04-10 Correspondence received from, Catherine Beagan Flood re: time allocation for argument. Canadian Western Bank
2006-04-05 Reply factum on appeal, Pursuant to the Order of March 30, 2006., Completed on: 2006-04-05 Her Majesty the Queen in Right of Alberta
2006-04-05 Notice of appearance, Terrence J. O'Sullivan and Paul Michell will be present at the hearing. AIG Life Insurance Company of Canada, The Canada Life Assurance Company, La Capitale Civil Service Insurer Inc., La Capitale Insurance and Financial Services Inc., CUMIS Life Insurance Company
2006-04-04 Notice of appearance, David Stratas and Sara Gelgor will be present at the hearing. Financial Advisors Association of Canada
2006-04-04 Notice of appearance, Peter Southey will be present at the hearing. Attorney General of Canada
2006-04-04 Notice of appearance, James Hall will be present at the hearing. Attorney General for Saskatchewan
2006-04-03 Notice of appearance, Katharine L. Hurlburt and Dale Gibson will be present at the hearing. Alberta Insurance Council
2006-04-03 Notice of appearance, Robin K. Basu will be present at the hearing. Attorney General of Ontario
2006-04-03 Notice of appearance, Sarah Mcdonald will be present at the hearing. Attorney General of British Columbia
2006-04-03 Notice of appearance, Tomson Irvine and James Hall will be present at the hearing. Attorney General for Saskatchewan
2006-04-03 Notice of appearance, John G. Furey will be present at the hearing. Attorney General of New Brunswick
2006-04-03 Notice of appearance, Robert J. Normey, Christine S. Enns and Nick Parker will be resent at the hearing. Her Majesty the Queen in Right of Alberta
2006-04-03 Notice of appearance, Neil Finkelstein, Jeffrey W. Galway and Catherine Beagan Flood will be present at the hearing. Canadian Western Bank
2006-04-03 Notice of appearance, Alain Gingras will be present at the hearing. Attorney General of Quebec
2006-03-31 Response to motion to file a reply factum on appeal, (Letter Form), Completed on: 2006-03-31 Attorney General of Canada
2006-03-30 Order on motion to file a reply factum on appeal
2006-03-30 Decision on the motion to file a reply factum on appeal, --2-page reply factum of the respondent to the factum of the A.G. Cda, Abe
Granted
2006-03-29 Order by, FURTHER TO THE ORDER of Fish J. dated March 7, 2006, granting leave to intervene to
the AIG Life Insurance Company of Canada, Canada Life Assurance Company, Capitale Civil Service Insurer Inc., Capitale Insurance and Financial Services Inc., CUMIS Life Insurance Company, Desjardins Financial Security Life Assurance Company, Empire Life Insurance Company, Equitable Life Insurance Company of Canada, Great-West Life Assurance Company, Industrial Alliance Insurance and Financial Services Inc., Industrial-Alliance Pacific Life Insurance Company, London Life Insurance Company, Manufacturers Life Insurance Company, Standard Life Assurance Company of Canada, Sun Life Assurance Company of Canada, and Transamerica Life Canada, the Alberta Insurance Council and the Financial Advisors Association of Canada;
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.
Granted
2006-03-29 Submission of motion to file a reply factum on appeal, Abe
2006-03-29 Correspondence received from, D. Stratas dated Mar. 28/06; oral submissions Financial Advisors Association of Canada
2006-03-29 Book of authorities, Completed on: 2006-03-29 Financial Advisors Association of Canada
2006-03-29 Intervener's factum, (Table of Contents and CD to follow - Rec'd March 30, 2006), Completed on: 2006-03-30 Financial Advisors Association of Canada
2006-03-28 Intervener's factum, (CD to follow - Rec'd March 30, 2006), Completed on: 2006-03-30 AIG Life Insurance Company of Canada, The Canada Life Assurance Company, La Capitale Civil Service Insurer Inc., La Capitale Insurance and Financial Services Inc., CUMIS Life Insurance Company
2006-03-28 Response to motion to file a reply factum on appeal, (Letter Form), from Neil Finkelstein dated March 28/06, Completed on: 2006-03-28 Canadian Western Bank
2006-03-23 Motion to file a reply factum on appeal, (2 page reply factum to the factum of the A.G. of Canada), Completed on: 2006-03-23 Her Majesty the Queen in Right of Alberta
2006-03-21 Book of authorities, Completed on: 2006-03-21 Alberta Insurance Council
2006-03-21 Intervener's factum, Completed on: 2006-03-21 Alberta Insurance Council
2006-03-10 Supplemental document, (Supplemental Book of Statutes of the Respondent to replace Tab 1 of the the Book of Statutes filed Dec. 12/05) Her Majesty the Queen in Right of Alberta
2006-03-09 Notice of hearing sent to parties
2006-03-09 Appeal hearing scheduled, 2006-04-11, previously Jan. 19/06 and May 11/06
Judgment reserved
2006-03-08 Book of authorities, Completed on: 2006-03-08 Attorney General for Saskatchewan
2006-03-07 Intervener's factum - AG on constitutional question, Completed on: 2006-03-07 Attorney General for Saskatchewan
2006-03-07 Correspondence received from, Paul Michell dated March 7, 2006. Re: Ottawa agent AIG Life Insurance Company of Canada, The Canada Life Assurance Company, La Capitale Civil Service Insurer Inc., La Capitale Insurance and Financial Services Inc., CUMIS Life Insurance Company
2006-03-07 Order on motion for leave to intervene, (BY FISH J.)
2006-03-07 Decision on the motion for leave to intervene, F, UPON APPLICATIONS by Canadian Association of Financial Institutions in Insurance, by AIG Life Insurance Company of Canada, Canada Life Assurance Company, Capitale Civil Service Insurer Inc., Capitale Insurance and Financial Services Inc., CUMIS Life Insurance Company, Desjardins Financial Security Life Assurance Company, Empire Life Insurance Company, Equitable Life Insurance Company of Canada, Great-West Life Assurance Company, Industrial Alliance Insurance and Financial Services Inc., Industrial-Alliance Pacific Life Insurance Company, London Life Insurance Company, Manufacturers Life Insurance Company, Standard Life Assurance Company of Canada, Sun Life Assurance Company of Canada, and Transamerica Life Canada, by Alberta Insurance Council and by Financial Advisors Association of Canada for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene of the applicant, Canadian Association of Financial Institutions in Insurance, is dismissed.
The motion for leave to intervene of the applicant, AIG Life Insurance Company of Canada, Canada Life Assurance Company, Capitale Civil Service Insurer Inc., Capitale Insurance and Financial Services Inc., CUMIS Life Insurance Company, Desjardins Financial Security Life Assurance Company, Empire Life Insurance Company, Equitable Life Insurance Company of Canada, Great-West Life Assurance Company, Industrial Alliance Insurance and Financial Services Inc., Industrial-Alliance Pacific Life Insurance Company, London Life Insurance Company, Manufacturers Life Insurance Company, Standard Life Assurance Company of Canada, Sun Life Assurance Company of Canada, and Transamerica Life Canada, is granted and the applicant shall be entitled to serve and file a single joint factum not to exceed 20 pages in length on or before March 31, 2006.
The motion for leave to intervene of the applicant, Alberta Insurance Council, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before March 31, 2006.
The motion for leave to intervene of the applicant, Financial Advisors Association of Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before March 31, 2006.
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 shall not be 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 appellants and respondent any additional disbursements occasioned to the appellants and respondent by their interventions.

Allowed in part
2006-03-07 Correspondence received from, David Stratas dated March 7/06 re: decision to be rendered on intervention Financial Advisors Association of Canada
2006-03-06 Book of authorities, Completed on: 2006-03-06 Attorney General of Ontario
2006-03-06 Intervener's factum - AG on constitutional question, Completed on: 2006-03-06 Attorney General of Ontario
2006-03-06 Book of authorities, Completed on: 2006-03-06 Attorney General of New Brunswick
2006-03-06 Intervener's factum - AG on constitutional question, Completed on: 2006-03-06 Attorney General of New Brunswick
2006-03-03 Supplemental document, (Book of Statutes) Attorney General of Canada
2006-03-03 Book of authorities, Completed on: 2006-03-03 Attorney General of Canada
2006-03-03 Book of authorities, Completed on: 2006-03-03 Attorney General of British Columbia
2006-03-03 Intervener's factum - AG on constitutional question, Completed on: 2006-03-03 Attorney General of Canada
2006-03-03 Intervener's factum - AG on constitutional question, Completed on: 2006-03-03 Attorney General of British Columbia
2006-03-01 Submission of motion for leave to intervene, F
2006-02-27 Book of authorities, Completed on: 2006-02-27 Attorney General of Quebec
2006-02-27 Intervener's factum - AG on constitutional question, Completed on: 2006-02-27 Attorney General of Quebec
2006-02-13 Discontinuance of motion for leave to intervene, (only for this Insurance Company) Canadian Premier Life Insurance Company
2006-02-06 Respondent's record, (Vol. 1 to 3), Completed on: 2006-02-06 Her Majesty the Queen in Right of Alberta
2006-02-06 Supplemental document, (14 copies of STATUTES) Revised Tab 1 see entry Mar. 10/06 Her Majesty the Queen in Right of Alberta
2006-02-06 Respondent's book of authorities, Completed on: 2006-02-06 Her Majesty the Queen in Right of Alberta
2006-02-06 Respondent's factum, Completed on: 2006-02-06 Her Majesty the Queen in Right of Alberta
2006-02-06 Appeal perfected for hearing
2006-01-20 Response to the motion for leave to intervene, e-mail from Gowlings dated Jan. 20/06 re: will not be filing a response to the interventions, Completed on: 2006-01-20 Canadian Western Bank
2006-01-19 Response to the motion for leave to intervene, Completed on: 2006-01-20 Her Majesty the Queen in Right of Alberta
2006-01-09 Motion for leave to intervene, Completed on: 2006-01-17 Canadian Association of Financial Institutions in Insurance
2006-01-09 Motion for leave to intervene, Completed on: 2006-01-09 AIG Life Insurance Company of Canada, The Canada Life Assurance Company, La Capitale Civil Service Insurer Inc., La Capitale Insurance and Financial Services Inc., CUMIS Life Insurance Company
2006-01-05 Book of authorities, (in support of the Leave to Intervene), Completed on: 2006-01-05 Financial Advisors Association of Canada
2006-01-05 Motion for leave to intervene, Completed on: 2006-01-05 Financial Advisors Association of Canada
2006-01-05 Motion for leave to intervene, Completed on: 2006-01-10 Alberta Insurance Council
2005-12-12 Appellant's book of authorities, (Vol. 1 to 3), Completed on: 2005-12-12 Canadian Western Bank
2005-12-12 Supplemental document, (Statutes of the Appellants) Canadian Western Bank
2005-12-12 Appellant's factum, Completed on: 2005-12-12 Canadian Western Bank
2005-12-08 Appellant's record, (Vol. 1 to 24), Completed on: 2005-12-08 Canadian Western Bank
2005-11-10 General proceeding, NOTICE of Agent representing two opposing parties Canadian Western Bank
2005-10-18 Notice of intervention respecting a constitutional question Attorney General of Quebec
2005-10-18 Notice of intervention respecting a constitutional question Attorney General for Saskatchewan
2005-10-17 Notice of intervention respecting a constitutional question Attorney General of Canada
2005-10-17 Notice of intervention respecting a constitutional question Attorney General of Ontario
2005-10-17 Notice of intervention respecting a constitutional question Attorney General of New Brunswick
2005-10-14 Notice of intervention respecting a constitutional question Attorney General of British Columbia
2005-09-20 Notice of constitutional question(s) Canadian Western Bank
2005-09-19 Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE)
2005-09-19 Decision on the motion to state a constitutional question, CJ, 1. Are Alberta's Insurance Act, R.S.A. 2000, c. I-3, and the regulations made thereunder, in whole or in part, constitutionally inapplicable to the promotion by banks of an "authorized type of insurance" or "personal accident insurance" as defined in the Insurance Business (Banks and Bank Holding Companies) Regulations, SOR/92-330, by reason of the doctrine of interjurisdictional immunity?
2. Are Alberta's Insurance Act, R.S.A. 2000, c. I-3, and the regulations made thereunder, in whole or in part, constitutionally inoperative in relation to the promotion by banks of an "authorized type of insurance" or "personal accident insurance" as defined in the Insurance Business (Banks and Bank Holding Companies) Regulations, SOR/92-330, by reason of the doctrine of federal legislative paramountcy?
Granted
2005-09-01 Submission of motion to state a constitutional question, CJ
2005-08-29 Reply to the motion to state a constitutional question, Completed on: 2005-08-29 Canadian Western Bank
2005-08-22 Response to the motion to state a constitutional question, Completed on: 2005-08-22 Her Majesty the Queen in Right of Alberta
2005-08-12 Motion to state a constitutional question, (book form), Completed on: 2005-08-12 Canadian Western Bank
2005-06-22 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2005-06-17 Judgment on leave sent to the parties
2005-06-16 Notice of appeal, Completed on: 2005-06-16 Canadian Western Bank
2005-06-16 Decision on the application for leave to appeal, CJ Bi Cha, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0303-0317-AC, dated January 14, 2005, is granted with costs to the applicants in any event of the cause.

Granted, with costs to the applicant(s) in any event of the cause
2005-06-16 Decision on motion to expedite the application for leave to appeal, CJ Bi Cha, The motion to expedite the appeal is dismissed.
Dismissed
2005-05-24 Submission of motion to expedite the application for leave to appeal, CJ Bi Cha
2005-05-24 All materials on application for leave submitted to the Judges, CJ Bi Cha
2005-05-05 Order on miscellaneous motion
2005-05-05 Decision on the miscellaneous motion, to amend the applicants' reply, Reg
Granted
2005-05-05 Submission of miscellaneous motion, Reg
2005-05-03 Response to the motion to expedite the application for leave to appeal, (Letter Form), Conditional consent, Completed on: 2005-05-03 Her Majesty the Queen in Right of Alberta
2005-05-02 Applicant's reply to respondent's argument, Completed on: 2005-05-02 Canadian Western Bank
2005-05-02 Response to miscellaneous motion, (consent included in Notice of Motion), Completed on: 2005-05-02 Her Majesty the Queen in Right of Alberta
2005-05-02 Notice of miscellaneous motion, Motion to amend reply (Consent of Respondent included), Completed on: 2005-05-02 Canadian Western Bank
2005-04-28 Response to the motion to expedite the application for leave to appeal, e-mail from Gowlings dated Apr. 28/05, Completed on: 2005-04-28 Her Majesty the Queen in Right of Alberta
2005-04-25 Motion to expedite the application for leave to appeal, (memorandum included at Tab 2 - book form), Completed on: 2005-04-25 Canadian Western Bank
2005-04-25 Book of authorities Canadian Western Bank
2005-04-25 Applicant's reply to respondent's argument, (do not submit - see decision of Registrar of May 5/05), Completed on: 2005-04-25 Canadian Western Bank
2005-04-13 Respondent's response on the application for leave to appeal, Completed on: 2005-04-13 Her Majesty the Queen in Right of Alberta
2005-03-21 Letter acknowledging receipt of an incomplete application for leave to appeal
2005-03-15 Book of authorities Canadian Western Bank
2005-03-15 Application for leave to appeal, Appeal C/A order missing - Rec'd April 15, 2005, Completed on: 2005-04-15 Canadian Western Bank