Docket

26615

Allan Granovsky v. Minister of Employment and Immigration

(Federal Court) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2000-08-21 Record returned to the Registrar of the Court of Appeal
2000-06-06 Formal judgment sent to the registrar of the court of appeal and all parties
2000-06-01 Copy of formal judgment being prepared
2000-05-19 Notice of deposit of judgment sent to all parties
2000-05-18 Judgment on the appeal rendered, L'HD G McL Ia Ma Ba Bi, The appeal is dismissed without costs. The constitutional questions are answered as follows:

Question 1: Does the Canada Pension Plan, R.S.C., 1985, c. C-8, discriminate against persons on
the basis of physical or mental disability by including periods of physical or mental disability in a
claimant's contributory period, as such period is determined pursuant to paragraph 44(2)(b ) of that Act, in claims for a disability pension under that Act, contrary to section 15 of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B of the Canada Act
1982 (U.K.), 1982, c. 11?

Answer: No.

Question 2: If so, does the discrimination come within only such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society under section 1 of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B of the Canada Act 1982 (U.K.), 1982, c. 11?

Answer: The second constitutional question need not be answered.
Dismissed, without costs
1999-11-22 Transcript received, and distributed to the justices (72 p.)
1999-11-15 Order on motion to extend time
1999-11-10 Hearing of the appeal, 1999-11-10, L'HD G McL Ia Ma Ba Bi
Judgment reserved
1999-11-09 Supplemental document, statutory authorities Allan Granovsky
1999-11-08 Decision on motion to extend time, DeRg, to serve & file the book of authorities of the intervener Council of Canadians with Disabilities to Oct. 26/99
Granted, no order as to costs
1999-11-08 Submission of motion to extend time, DeRg
1999-11-05 Correspondence received from, John F. Rook (by fax) dated Nov. 5/99 re: s.19 of the Canada Pension Plan in paragraphs 67 & 70 of factum Council of Canadians with Disabilities
1999-11-02 Notice of appearance Minister of Employment and Immigration
1999-10-26 Motion to extend time, to file the book of authorities to Oct. 26, 1999 (4 copies - book form), Completed on: 1999-10-26 Council of Canadians with Disabilities
1999-10-26 Book of authorities, (proof of delivery requested), Incomplete Council of Canadians with Disabilities
1999-10-26 Correspondence received from, L. Sand dated Oct. 25, 1999 re: errata in the factum Council of Canadians with Disabilities
1999-10-14 Notice of appearance, of Bryan Schwartz and Ronald Schmalcel at the hearing of the appeal Allan Granovsky
1999-09-02 Notice of hearing Allan Granovsky
1999-08-31 Intervener's factum, see order dated Aug. 10, 1999, Completed on: 1999-08-31 Council of Canadians with Disabilities
1999-08-30 Appeal hearing scheduled, 1999-11-10
Judgment reserved
1999-08-11 Order on motion to extend time
1999-08-10 Respondent's book of authorities, Vol. I and II (extension requested), Completed on: 1999-08-10 Minister of Employment and Immigration
1999-08-10 Decision on motion to extend time, Reg, to serve & file the factum of the intervener Council of Canadians with Disabilities to Aug. 31/99.
Granted, no order as to costs
1999-08-10 Submission of motion to extend time, by the intervener Council of Canadians with Disabilities, Reg
1999-07-26 Motion to extend time, to file the factum to Aug. 31, 1999 - book form, Completed on: 1999-07-26 Council of Canadians with Disabilities
1999-07-23 Appellant's book of authorities, (extension requested), Completed on: 1999-07-23 Allan Granovsky
1999-06-28 Respondent's factum, Completed on: 1999-06-28 Minister of Employment and Immigration
1999-06-25 Appeal perfected for hearing, Session beginning on 1999-10-04
1999-05-05 Order on motion to extend time
1999-05-05 Decision on motion to extend time, Reg, to serve & file the appellant's factum to Apr. 30/99, nunc pro tunc.
Granted, no order as to costs
1999-05-05 Submission of motion to extend time, Reg
1999-05-04 Appeal court record, 1 accordion file
1999-04-30 Response to motion to extend time, (Letter Form), Completed on: 1999-04-30 Minister of Employment and Immigration
1999-04-30 Motion to extend time, to file the appellant's factum to April 30/99, Completed on: 1999-04-30 Allan Granovsky
1999-04-30 Appellant's factum, Completed on: 1999-04-30 Allan Granovsky
1999-03-15 Response to the motion for leave to intervene, (Letter Form), (fax copy)(original received on March 17, 1999), Completed on: 1999-03-15 Minister of Employment and Immigration
1999-03-15 Order on motion for leave to intervene, (by the Court)
1999-03-15 Decision on the motion for leave to intervene, Ia, by the Council of Canadians with Disabilities. The factum is limited to 20 pages & oral argument to 15 minutes. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record apart from its factum and oral submissions. The intervener shall pay to the appellant any additional disbursements occasioned to the appellant by the intervention.
Granted, no order as to costs
1999-03-15 Submission of motion for leave to intervene, by C.C.D., Ia
1999-02-24 Notice of constitutional question(s) Allan Granovsky
1999-02-22 Order on motion to state a constitutional question
1999-02-16 Decision on the motion to state a constitutional question, (see file for questions). Notices of intention to intervene are to be filed no later than March 19/99, CJ, (saved in long judgment)
Granted, no order as to costs
1999-02-15 Response to the motion for leave to intervene, by Council of Canadians with disabilities, Completed on: 1999-02-15 Allan Granovsky
1999-02-12 Appellant's record, Completed on: 1999-02-12 Allan Granovsky
1999-01-22 Submission of motion to state a constitutional question, CJ
1999-01-21 Response to the motion to state a constitutional question, (Letter Form), Completed on: 1999-01-21 Minister of Employment and Immigration
1999-01-08 Motion for leave to intervene, (book form) - 5 copies, Incomplete Council of Canadians with Disabilities
1999-01-07 Motion to state a constitutional question, Completed on: 1999-01-07 Allan Granovsky
1998-11-13 Letter acknowledging receipt of notice of appeal, sent to A.G. of Canada and Ronald Schmalcel
1998-11-09 Notice of appeal, Completed on: 1998-11-09 Allan Granovsky
1998-10-09 Notice of deposit of judgment issued to all parties, all parties
1998-10-08 Judgment of the Court on the application for leave to appeal, Co Ma Bi, The application for leave to appeal is granted.
Granted, no order as to costs
1998-09-08 All materials on application for leave submitted to the Judges, Co Ma Bi
1998-06-15 Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1998-06-15 Allan Granovsky
1998-06-05 Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1998-06-05 Minister of Employment and Immigration
1998-05-12 Correspondence received from, sent to Gowling, Strathy & Henderson and Dept. of Human Resources Development re: receipt of material commencing a proceeding together with filing fee
1998-05-11 $50.00 filing fee, receipt #30591, with service Allan Granovsky
1998-05-11 Application for leave to appeal, 5 copies, with service, Completed on: 1998-05-11 Allan Granovsky