Docket

36167

Jessica Ernst v. Alberta Energy Regulator

(Alberta) (Civil) (By Leave)

Proceedings
Date Proceeding Filed By
(if applicable)
2017-01-30 Appeal closed
2017-01-16 Formal judgment sent to the registrar of the court of appeal and all parties
2017-01-16 Judgment on appeal and notice of deposit of judgment sent to all parties
2017-01-13 Judgment on the appeal rendered, CJ Abe Cro Mo Ka Wa Ga Côt Br,
The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1301-0346-AC, 2014 ABCA 285, dated September 15, 2014, heard on January 12, 2016, is dismissed with costs. McLachlin C.J. and Moldaver, Côté and Brown JJ. are dissenting.
Dismissed, with costs
2016-07-13 Correspondence received from, (Letter Form), counsel for the Appellant re: declined to consent and believes it is better and fairer., (Electronic version filed on 2016-07-13) Jessica Ernst
2016-07-13 Media lock-up request refused
2016-07-13 Media lock-up consent form received from, counsel for the Respondent. Alberta Energy Regulator
2016-07-13 Media lock-up consent form received from, counsel for the Appellant. Jessica Ernst
2016-07-07 Media lock-up letter, consent form and undertaking sample sent to all parties
2016-02-15 Media lock-up requested
2016-01-29 Transcript received, 96 pages
2016-01-12 Judgment reserved OR rendered with reasons to follow
2016-01-12 Hearing of the appeal, 2016-01-12, CJ Abe Cro Mo Ka Wa Ga Côt Br
Judgment reserved
2016-01-12 Respondent's condensed book, (Book Form), Filed at the hearing Alberta Energy Regulator
2016-01-12 Appellant's condensed book, (Book Form), Filed at the hearing Jessica Ernst
2016-01-08 Notice of appearance, (Letter Form), Will not be making oral submission and no one will be present, (Electronic version filed on 2016-01-08) Attorney General of Quebec
2016-01-08 Notice of appearance, Ryan Dalziel and Wmily Lapper will be appearing British Columbia Civil Liberties Association
2016-01-08 Notice of appearance, (Letter Form), Raj Anand and Cheryl Milne will be appearing David Asper Centre for Constitutional Rights, University of Toronto Faculty of Law
2016-01-07 Order by, (JUSTICE CÔTÉ), Côt, FURTHER TO THE ORDER dated November 4, 2015, granting leave to intervene to the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association and the David Asper Centre for Constitutional Rights;
IT IS HEREBY FURTHER ORDERED THAT:
1. The British Columbia Civil Liberties Association and the David Asper Centre for Constitutional Rights are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
2. The factum of the Canadian Civil Liberties Association will be considered without the need for oral argument.
3. The Attorney General of Quebec is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.
Granted
2016-01-06 Supplemental document, Completed on: 2016-01-06 Alberta Energy Regulator
2016-01-06 Reply factum on appeal, (Book Form), Completed on: 2016-01-06, (Electronic version due on 2016-01-13) Alberta Energy Regulator
2015-12-30 Notice of appearance, (Letter Form), W. Cory Wanless and Murray Klippenstein will be appearing Jessica Ernst
2015-12-29 Notice of appearance, (Letter Form), Glenn Solomon, Christy Elliott will be appearing and Mr. Solomon will make oral submission Alberta Energy Regulator
2015-12-23 Intervener's book of authorities, (Book Form), (2 volumes), Completed on: 2016-01-04, (Electronic version filed on 2015-12-23) Canadian Civil Liberties Association
2015-12-23 Intervener's factum, (Book Form), Completed on: 2016-01-04, (Electronic version filed on 2015-12-23) Canadian Civil Liberties Association
2015-12-22 Intervener's book of authorities, (Book Form), (2 volumes), Completed on: 2015-12-22, (Electronic version filed on 2015-12-22) Attorney General of Quebec
2015-12-22 Intervener's factum, (Book Form), Completed on: 2015-12-22, (Electronic version filed on 2015-12-22) Attorney General of Quebec
2015-12-22 Intervener's book of authorities, (Book Form), Completed on: 2015-12-22, (Electronic version filed on 2015-12-22) David Asper Centre for Constitutional Rights, University of Toronto Faculty of Law
2015-12-22 Intervener's factum, (Book Form), Completed on: 2015-12-22, (Electronic version filed on 2015-12-22) David Asper Centre for Constitutional Rights, University of Toronto Faculty of Law
2015-12-22 Notice of withdrawal, (Letter Form), (Electronic version filed on 2015-12-22) Attorney General for Saskatchewan
2015-12-17 Notice of withdrawal, (Letter Form), sent to all parties, (Electronic version filed on 2015-12-17) Attorney General of British Columbia
2015-12-17 Intervener's book of authorities, (Book Form), Completed on: 2015-12-23, (Electronic version filed on 2015-12-17) British Columbia Civil Liberties Association
2015-12-17 Intervener's factum, (Book Form), Completed on: 2015-12-23, (Electronic version filed on 2015-12-17) British Columbia Civil Liberties Association
2015-12-17 Correspondence received from, the intervener, the Attorney General of Canada. They are discontinuing as interveners and will not file a factum or present oral arguments. Attorney General of Canada
2015-12-14 Order on motion for leave to intervene, (by JUSTICE BROWN)
2015-12-14 Order on motion to extend time, (by JUSTICE BROWN)
2015-12-14 Decision on the motion for leave to intervene, (Please refer to the order on the motion for extension of time), Br
Dismissed
2015-12-14 Decision on motion to extend time, Br, UPON APPLICATION by Rupert Richard Francis Gérard Heron Goodhart for an extension of time to serve and file a motion for leave to intervene and for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time is dismissed.
Dismissed
2015-12-14 Submission of motion for leave to intervene, Br
2015-12-14 Submission of motion to extend time, Br
2015-12-04 Appeal perfected for hearing
2015-12-03 Response to motion to extend time, (Letter Form), Completed on: 2015-12-03, (Electronic version filed on 2015-12-03) Alberta Energy Regulator
2015-12-03 Response to the motion for leave to intervene, (Letter Form), Completed on: 2015-12-03, (Electronic version filed on 2015-12-03) Alberta Energy Regulator
2015-12-02 Motion to extend time, (Letter Form), to file motion to intervene, Completed on: 2015-12-02, (Electronic version filed on 2015-12-02) Rupert Richard Francis Gérard Heron Goodhart
2015-12-02 Motion for leave to intervene, (Book Form), Service to come, Completed on: 2015-12-02 Rupert Richard Francis Gérard Heron Goodhart
2015-11-27 Notice of hearing sent to parties
2015-11-26 Appeal hearing scheduled, 2016-01-12
Judgment reserved
2015-11-19 Appellant's book of authorities, With Reply factum, Completed on: 2015-11-19 Jessica Ernst
2015-11-19 Reply factum on appeal, Pursuant to Rules 29(4) and 35(4), Completed on: 2015-11-19 Jessica Ernst
2015-11-06 Certificate of counsel (attesting to record) Alberta Energy Regulator
2015-11-06 Respondent's book of authorities, (2 volumes), Completed on: 2015-11-06 Alberta Energy Regulator
2015-11-06 Respondent's record, Completed on: 2015-11-06 Alberta Energy Regulator
2015-11-06 Respondent's factum, Completed on: 2015-11-06 Alberta Energy Regulator
2015-11-05 Correspondence received, from Rupert Goodhart by email re: intension to file a motion to intervene
2015-11-04 Order on motion for leave to intervene, (by JUSTICE ABELLA)
2015-11-04 Decision on the motion for leave to intervene, Abe, UPON APPLICATIONS by Donna Frances Dahm and Robert Pius Plowman (joint), the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association and the David Asper Centre for Constitutional Rights 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 of the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association and the David Asper Centre for Constitutional Rights are granted and the said three (3) interveners or groups of interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before December 23, 2015.
The motion for leave to intervene by Donna Frances Dahm and Robert Pius Plowman (joint) is 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 is permitted to serve and file a single factum not exceeding ten (10) pages in reply to these interventions on or before January 7, 2016.
Allowed in part
2015-11-03 Submission of motion for leave to intervene, Abe
2015-10-19 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2015-10-19, (Electronic version filed on 2015-10-20) David Asper Centre for Constitutional Rights, University of Toronto Faculty of Law
2015-10-15 Response to the motion for leave to intervene, (Letter Form), Completed on: 2015-10-15 Alberta Energy Regulator
2015-10-09 Motion for leave to intervene, Completed on: 2015-10-09 David Asper Centre for Constitutional Rights, University of Toronto Faculty of Law
2015-10-09 Response to the motion for leave to intervene, Completed on: 2015-10-09 Attorney General of British Columbia
2015-10-08 Motion for leave to intervene, (Book Form), Completed on: 2015-10-08 British Columbia Civil Liberties Association
2015-10-05 Reply to the motion for leave to intervene, Completed on: 2015-10-06, (Printed version filed on 2015-10-06) Donna Frances Dahm and Robert Pius Plowman
2015-10-01 Response to the motion for leave to intervene, (Letter Form), Completed on: 2015-10-01, (Printed version filed on 2015-10-02) Alberta Energy Regulator
2015-09-25 Motion for leave to intervene, Completed on: 2015-09-25 Canadian Civil Liberties Association
2015-09-16 Motion for leave to intervene, (Book Form), Completed on: 2015-09-18 Donna Frances Dahm and Robert Pius Plowman
2015-09-16 Certificate of counsel (attesting to record) Jessica Ernst
2015-09-11 Appellant's book of authorities, Completed on: 2015-09-11 Jessica Ernst
2015-09-11 Appellant's record, (2 volumes), Completed on: 2015-09-11 Jessica Ernst
2015-09-11 Appellant's factum, Completed on: 2015-09-11 Jessica Ernst
2015-08-27 Notice of intervention respecting a constitutional question Attorney General of Quebec
2015-08-27 Notice of intervention respecting a constitutional question Attorney General of British Columbia
2015-08-24 Notice of intervention respecting a constitutional question Attorney General for Saskatchewan
2015-08-18 Notice of intervention respecting a constitutional question Attorney General of Canada
2015-07-02 Notice of constitutional question(s), All Attorneys General served on June 29, 2015. Jessica Ernst
2015-06-25 Order on motion to state a constitutional question, (by CHIEF JUSTICE McLACHLIN)
2015-06-25 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant for an order stating constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTION BE STATED AS
FOLLOWS:
1 . Is s. 43 of the Energy Resources Conservation Act, R.S.A. 2000, c. E-10, constitutionally
inapplicable or inoperable to the extent that it bars a claim against the regulator for a breach of
s. 2( b) of the Canadian Charter of Rights and Freedoms and an application for a remedy under
s. 24( 1) of the Canadian Charter of Rights and Freedoms?
Any attorney general who intervenes pursuant to par. 61(4) of the Rules of the Supreme Court of Canada
shall pay the appellant and respondent the costs of any additional disbursements they incur as a result of the
intervention.
IT IS HEREBY FURTHER ORDERED THAT:
1. Any attorney general wishing to intervene pursuant to par. 61(4) of the Rules of the Supreme Court
of Canada shall serve and file their factum and book of authorities on or before December 23, 2015.
2. Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of
Canada shall file and serve their factums and books of authorities on or before December 23, 2015.
Granted
2015-06-25 Submission of motion to state a constitutional question, CJ
2015-06-12 Supplemental document, Book of authorities, Completed on: 2015-06-12 Jessica Ernst
2015-06-12 Reply to the motion to state a constitutional question, Completed on: 2015-06-12 Jessica Ernst
2015-06-05 Response to the motion to state a constitutional question, Completed on: 2015-06-05 Alberta Energy Regulator
2015-05-29 Motion to state a constitutional question, (Book Form), Completed on: 2015-05-29 Jessica Ernst
2015-05-29 Notice of appeal, Completed on: 2015-05-29 Jessica Ernst
2015-05-01 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2015-05-01 Judgment on leave sent to the parties
2015-04-30 Decision on the application for leave to appeal, Abe Ka Côt, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1301-0346-AC, 2014 ABCA 285, dated September 15, 2014, is granted with costs in the cause.
Granted, with costs in the cause
2015-02-09 All materials on application for leave submitted to the Judges, Abe Ka Côt
2014-12-18 Applicant's reply to respondent's argument, Completed on: 2014-12-18 Jessica Ernst
2014-12-08 Certificate (on limitations to public access) Alberta Energy Regulator
2014-12-08 Notice of name Alberta Energy Regulator
2014-12-08 Respondent's response on the application for leave to appeal, Completed on: 2014-12-08 Alberta Energy Regulator
2014-11-14 Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2014-11-14
2014-11-13 Certificate (on limitations to public access) Jessica Ernst
2014-11-13 Application for leave to appeal, Completed on: 2014-11-13 Jessica Ernst