Docket
27216
Tom Dunmore, et al. v. Attorney General for Ontario, et al.
(Ontario) (Civil) (By Leave)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
Date | Proceeding | Filed By (if applicable) |
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2003-05-14 | Appeal closed | |
2003-05-13 | Decision on the motion for a re-hearing of the appeal, CJ G Ia Ma Ba Bi Arb LeB De, The application for an extension of time is granted. The application for a re-hearing from the judgment of the Supreme Court of Canada dated December 20, 2001 is dismissed with costs. Dismissed, with costs |
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2003-05-13 | Decision on motion to extend time, CJ G Ia Ma Ba Bi Arb LeB De, The application for an extension of time is granted. The application for a re-hearing from the judgment of the Supreme Court of Canada dated December 20, 2001 is dismissed with costs. Granted |
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2003-03-18 | Reply to the response to the motion for a re-hearing of the appeal, 11 copies (sent to the judges April 3/03) | Tom Dunmore |
2003-03-17 | Order on motion to extend time | |
2003-03-17 | Decision on motion to extend time, to serve and file the respondent, Fleming Chicks', response to the motion for rehearing to March 3, 2003, Reg Granted |
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2003-03-14 | Submission of motion to extend time, Reg | |
2003-03-14 | Response to motion to extend time, from Martin Doane (fax copy), Completed on: 2003-03-14 | Tom Dunmore |
2003-03-14 | Motion to extend time, to file the response to the re-hearing to March 3, 2003, Completed on: 2003-03-14 | Fleming Chicks |
2003-03-03 | Response to the motion for a re-hearing of the appeal, 15 copies (service copy filed 03/04/03)(extension of time requested), Completed on: 2003-03-14 | Fleming Chicks |
2003-02-26 | Correspondence received from, A D'Silva dated Feb. 26, 2003 (fax copy) re: will be filing a response to the motion for reconsideration by March 3, 2003 | Fleming Chicks |
2003-02-25 | Submission of motion to extend time, re: 2nd re-hearing, CJ G Ia Ma Ba Bi Arb LeB De | |
2003-02-25 | All material on motion for a re-hearing of the appeal submitted to Justices, (2nd re-hearing), CJ G Ia Ma Ba Bi Arb LeB De | |
2003-02-20 | Response to the motion for a re-hearing of the appeal, (Letter Form), from S. Barrett dated Feb. 20, 2003 (fax copy)(sent to the judges on Feb. 25, 2003), Completed on: 2003-02-20 | Canadian Labour Congress |
2003-02-14 | Response to the motion for a re-hearing of the appeal, (sent to the judges on Feb. 25, 2003), Completed on: 2003-02-14 | Attorney General for Ontario |
2003-02-03 | Motion to extend time, to file the motion for re-hearing (included in re-hearing), Completed on: 2003-02-03 | Tom Dunmore |
2003-02-03 | Motion for a re-hearing of the appeal, 13 copies (second re-hearing) - book form (sent to the judges on Feb. 25, 2003), Completed on: 2003-02-26 | Tom Dunmore |
2002-10-07 | Notice of deposit of judgment sent to all parties | |
2002-10-07 | Notice of deposit of judgment sent to all parties | |
2002-06-14 | Formal judgment sent to the registrar of the court of appeal and all parties, ON REHEARING | |
2002-04-29 | Copy of formal judgment being prepared | |
2002-04-09 | Notice of deposit of judgment on motion for a re-hearing of the appeal | |
2002-04-03 | Decision on the motion for a re-hearing of the appeal, CJ L'HD G Ia Ma Ba Bi Arb LeB, The motion for re-hearing is dismissed. Costs on the appeal are to the appellants in our Court and in the Courts below. Dismissed, costs in this Court and courts below |
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2002-04-03 | Decision on motion to extend time, for rehearing, CJ L'HD G Ia Ma Ba Bi Arb LeB, The application for an extension of time is granted. Granted |
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2002-03-22 | Submission of motion to extend time, for rehearing, CJ L'HD G Ia Ma Ba Bi Arb LeB | |
2002-03-22 | All material on motion for a re-hearing of the appeal submitted to Justices, CJ L'HD G Ia Ma Ba Bi Arb LeB | |
2002-03-21 | Correspondence received from, Alan L.W. D'Silva dated March 20/02 to inform the Court that he will not be filing any responding material for the motion for rehearing. | Fleming Chicks |
2002-03-20 | Correspondence received from, Alan L.W. D'Silva dated March 18/02 re extension of time | Fleming Chicks |
2002-03-19 | Correspondence received from, Martin Doane (by fax) dated March 19/02 | Tom Dunmore |
2002-03-13 | Respondent's book of authorities, on response to motion for a re-hearing (12 copies), Completed on: 2002-03-13 | Attorney General for Ontario |
2002-03-13 | Response to the motion for a re-hearing of the appeal, (book form - 12 copies) (proof of delivery requested), Completed on: 2002-03-13 | Attorney General for Ontario |
2002-03-13 | Correspondence received from, A. D'Silva dated March 13, 2002 (fax copy) re: will file a response on motion for re-hearing by March 18, 2002 | Fleming Chicks |
2002-02-28 | Motion to extend time, to file motion for rehearing, Completed on: 2002-02-28 | Tom Dunmore |
2002-02-28 | Motion for a re-hearing of the appeal, book form (joint with a motion to extend time), Completed on: 2002-03-14 | Tom Dunmore |
2002-02-18 | Record returned to the Registrar of the Court of Appeal | |
2002-01-28 | Correspondence received from, Richard J.K. Stewart (by fax) dated Jan. 25/02 in response to Mr. Paliare's letter of Jan. 23/02 | Attorney General for Ontario |
2002-01-23 | Correspondence received from, Chris G. Paliare (by fax) dated Jan. 23/02 to clarify the judgment on the issue of costs | Tom Dunmore |
2002-01-21 | Appeal closed | |
2002-01-17 | Formal judgment sent to the registrar of the court of appeal and all parties | |
2001-12-28 | Copy of formal judgment being prepared | |
2001-12-21 | Notice of deposit of judgment sent to all parties | |
2001-12-20 | Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal is allowed with costs, Major J. dissenting. The Labour Relations and Employment Statute Law Amendment Act, 1995, S.O. 1995, c. 1, is declared unconstitutional to the extent that it gives effect to s. 3(b) of the Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A. Section 3(b) of the Labour Relations Act, 1995 is declared unconstitutional. The declarations of invalidity are suspended for a period of 18 months. The constitutional questions are answered as follows: Question 1: Does s. 80 of the Labour Relations and Employment Statute Law Amendment Act, 1995, S.O. 1995, c. 1, limit the right of agricultural workers (a) to freedom of association guaranteed by s. 2(d) of the Canadian Charter of Rights and Freedoms; or (b) to equality before and under the law and equal benefit of the law without discrimination as guaranteed by s. 15 of the Charter? Answer: Section 80 of the Labour Relations and Employment Statute Law Amendment Act limits freedom of association guaranteed by s. 2(d) of the Charter to the extent that its effect is to re-subject agricultural workers to the exclusion clause found in s. 3(b) of the Labour Relations Act, 1995. L'Heureux-Dubé J. would answer in the affirmative. It is not necessary to answer the s. 15 question. Major J. would answer both questions in the negative. Question 2: Does s. 3(b) of the Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A, limit the right of agricultural workers (a) to freedom of association guaranteed by s. 2(d) of the Charter; or (b) to equality before and under the law and equal benefit of the law without discrimination as guaranteed by s. 15 of the Charter? Answer: Section 3(b) of the Labour Relations Act, 1995 limits the right of agricultural workers to freedom of association guaranteed by s. 2(d) of the Charter. It is not necessary to answer the s. 15 question. Major J. would answer both questions in the negative. Question 3: If the answer to any part of questions 1 or 2 is in the affirmative, is the limitation nevertheless justified under s. 1 of the Charter? Answer: No. Major J. finds it unnecessary to answer this question. Allowed, with costs |
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2001-07-13 | Correspondence received from, C. Paliare re: notice of change of firm, from Gowling, Lafleur to Paliare, Roland, Rosenberg | Tom Dunmore |
2001-03-05 | Transcript received, (87 pages) | |
2001-03-02 | Appeal court record, (1 box) | |
2001-02-19 | Judgment reserved OR rendered with reasons to follow | |
2001-02-19 | Hearing of the appeal, 2001-02-19, (V017-018), CJ L'HD G Ia Ma Ba Bi Arb LeB Judgment reserved |
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2001-02-19 | Acknowledgement and consent for video taping of proceedings | |
2001-02-16 | Respondent's condensed book | Attorney General for Ontario |
2001-02-15 | Correspondence received from, S. Roussel en date du 15 février 2001 (télécopieur) re: les représentants n'entendent pas faire de représentation orale lors de l'audition | Attorney General of Quebec |
2001-02-14 | Notice of appearance | Fleming Chicks |
2001-02-13 | Book of authorities, Completed on: 2001-02-13 | Attorney General of Alberta |
2001-02-13 | Order on motion for leave to intervene, (Oral argument of 15 minutes granted to C.L.C. and request for oral argument by Labour Issues Coordinating Committee is dismissed) (Major J.) | |
2001-02-12 | Notice of appearance | Attorney General of Quebec |
2001-02-09 | Book of authorities, Completed on: 2001-02-09 | Labour Issues Coordinating Committee (the "LICC") |
2001-02-08 | Intervener's factum, (served copy filed Feb. 9/01) (25 copies), Completed on: 2001-02-09 | Attorney General of Alberta |
2001-02-07 | Correspondence received from, S. Barrett dated Feb. 7, 2001 (fax copy) re: responding to Mr. Stewart's letter dated Feb. 6, 2001 | Canadian Labour Congress |
2001-02-06 | Correspondence received from, R.J.K. Stewart dated Feb. 6/01 re: Factum filed by Canadian Labour Congress | Attorney General for Ontario |
2001-02-05 | Book of authorities, Completed on: 2001-02-05 | Canadian Labour Congress |
2001-02-05 | Intervener's factum, (REVISED FACTUM SERVED AND FILED FEB. 8/01), Completed on: 2001-02-05 | Canadian Labour Congress |
2001-02-05 | Intervener's factum, Completed on: 2001-02-05 | Labour Issues Coordinating Committee (the "LICC") |
2001-01-17 | Respondent's book of authorities, Completed on: 2001-01-17 | Fleming Chicks |
2001-01-09 | Notice of hearing | Tom Dunmore |
2001-01-08 | Respondent's record, Completed on: 2001-01-08 | Fleming Chicks |
2001-01-08 | Respondent's factum, Completed on: 2001-01-08 | Fleming Chicks |
2001-01-08 | Decision on miscellaneous motion, Ma, by the Charter Committee on Poverty Issues for reconsideration of the decision of Major J. dated July 21, 2000, denying leave to intervene. Dismissed, no order as to costs |
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2001-01-08 | Submission of miscellaneous motion, Ma | |
2001-01-03 | Reply to miscellaneous motion, (book form), Completed on: 2001-01-03 | Charter Committee on poverty issues ("CCPI") |
2000-12-22 | Response to miscellaneous motion, Completed on: 2000-12-22 | Attorney General for Ontario |
2000-12-22 | Response to miscellaneous motion, Completed on: 2000-12-22 | Tom Dunmore |
2000-12-20 | Notice of miscellaneous motion, (for reconsideration of Justice Major's order dated July 21, 2000 refusing intervention) - book form, Completed on: 2000-12-20 | Charter Committee on poverty issues ("CCPI") |
2000-12-06 | Order on motion to adjourn the hearing of the appeal, (by the Court) | |
2000-12-06 | Decision on miscellaneous motion, CJ, (see decision on the motion to adjourn). Dismissed, no order as to costs |
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2000-12-06 | Decision on motion to extend time, CJ, (see decision on the motion to adjourn). Allowed in part, no order as to costs |
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2000-12-06 | Decision on motion to adjourn the hearing of the appeal, CJ, 1) The motion on behalf of the appellants for an order requiring the respondent Fleming Chicks to file its factum by Nov. 30, 2000 is dismissed. 2) The motion on behalf of the respondent Fleming Chicks for an order adjourning the hearing of the appeal is dismissed. 3) The respondent Fleming Chicks shall serve and file its factum and record on or before January 8, 2001. Dismissed, no order as to costs |
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2000-12-05 | Submission of motion to adjourn the hearing of the appeal, CJ | |
2000-12-05 | Submission of motion to extend time, CJ | |
2000-12-05 | Submission of miscellaneous motion, CJ | |
2000-12-05 | Response to the motion to adjourn the hearing of the appeal, (Letter Form), from Burke-Robertson dated Dec. 5/00 (by fax), Completed on: 2000-12-05 | Attorney General for Ontario |
2000-12-04 | Reply to motion to extend time, (Letter Form), (joint with Reply to Motion to Adjourn), Completed on: 2000-12-04 | Fleming Chicks |
2000-12-04 | Reply to the motion to adjourn the hearing of the appeal, (Letter Form), from A.W. D'Silva dated Dec. 4/00 (by fax) (joint with Reply to Motion to Extend Time), Completed on: 2000-12-04 | Fleming Chicks |
2000-12-01 | Response to motion to extend time, (Letter Form), (joint with Response to the Motion to Adjourn), Completed on: 2000-12-01 | Tom Dunmore |
2000-12-01 | Appeal hearing scheduled, 2001-02-19 Judgment reserved |
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2000-12-01 | Response to the motion to adjourn the hearing of the appeal, (Letter Form), (joint with Motion to Extend Time), Completed on: 2000-12-01 | Tom Dunmore |
2000-11-27 | Motion to adjourn the hearing of the appeal, (to Spring 2001)(book form), Completed on: 2000-11-27 | Fleming Chicks |
2000-11-27 | Motion to extend time, to file the respondent's record to Jan. 12, 2001 (book form), Completed on: 2000-11-27 | Fleming Chicks |
2000-11-24 | Book of authorities, Completed on: 2000-11-24 | Attorney General of Quebec |
2000-11-24 | Intervener's factum, Completed on: 2000-11-24 | Attorney General of Quebec |
2000-11-22 | Response to miscellaneous motion, (Letter Form), from Burke-Robertson dated Nov. 22/00 (by fax), Completed on: 2000-11-22 | Attorney General for Ontario |
2000-11-21 | Notice of miscellaneous motion, by the Appellants requiring the Respondent Fleming Chicks to file its Factum by the end of Nov./00 (1 copy), Completed on: 2000-11-21 | Tom Dunmore |
2000-11-17 | Decision on motion to extend time, Reg, to serve & file the record and factum of the respondent Attorney General for Ontario to Oct. 30, 2000, and its book of authorities to Nov. 6, 2000. Granted, no order as to costs |
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2000-11-17 | Submission of motion to extend time, Reg | |
2000-11-15 | Correspondence received from, (by fax) C.G. Paliare; re: hearing dates | Tom Dunmore |
2000-11-14 | Correspondence received from, (by fax) Alan L.W. D'Silva; replying to Mr. Paliare's letter; re: hearing dates | Fleming Chicks |
2000-11-10 | Correspondence received from, Alan L. W. D'Silva (by fax); re: dates for the hearing of the appeal | Fleming Chicks |
2000-11-07 | Order on motion for leave to intervene | |
2000-11-07 | Decision on the motion for leave to intervene, Ma, and extension of time of the CANADIAN LABOUR CONGRESS. The factum is limited to 20 pages. The request to present oral argument is deferred to a rota judge following receipt and consideration of the written arguments of the parties and interveners (15 MINUTES ORAL ARGUMENT GRANTED - Feb. 13/01). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the intervention. Granted, no order as to costs |
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2000-11-07 | Submission of motion for leave to intervene, Ma | |
2000-11-06 | Respondent's book of authorities, (extension of time requested), Completed on: 2000-11-06 | Attorney General for Ontario |
2000-10-30 | Motion to extend time, to file the factum and record to Oct. 30/00 and the Authorities to Nov. 6/00 - 1 copy (Amended Notice of Motion filed Nov. 7/00), Completed on: 2000-10-30 | Attorney General for Ontario |
2000-10-30 | Respondent's record, (vol. 1 and 2), Completed on: 2000-10-30 | Attorney General for Ontario |
2000-10-30 | Respondent's factum, Completed on: 2000-10-30 | Attorney General for Ontario |
2000-10-19 | Appeal perfected for hearing, Session beginning on 2001-01-15 | |
2000-10-04 | Response to the motion for leave to intervene, (Letter Form), from K. Collins dated Oct. 4, 2000 (fax copy) re: takes no position with respect to the intervention by Can. Labour Congress, Completed on: 2000-10-04 | Attorney General for Ontario |
2000-09-27 | Response to motion to extend time, from Gowling, Strathy re: intervention by CLC, Completed on: 2000-09-27 | Tom Dunmore |
2000-09-26 | Motion to extend time, to file the motion to intervene (joint with motion to intervene, Completed on: 2000-09-26 | Canadian Labour Congress |
2000-09-26 | Motion for leave to intervene, (joint with extension of time) - 2 copies - book form, Completed on: 2000-09-26 | Canadian Labour Congress |
2000-09-06 | Order on motion to extend time | |
2000-09-06 | Decision on motion to extend time, to serve and file the appellant's factum, record and book of authorities to Aug. 31, Reg Granted, no order as to costs |
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2000-09-06 | Submission of motion to extend time, Reg | |
2000-09-01 | Response to motion to extend time, (fax copies), Completed on: 2000-09-01 | Attorney General for Ontario |
2000-09-01 | Motion to extend time, to file the record, factum and authorities to Aug 31, 2000 - 1 copy, Completed on: 2000-09-01 | Tom Dunmore |
2000-08-28 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
2000-08-25 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
2000-08-24 | Appellant's book of authorities, Vol. I & II, Completed on: 2000-08-24 | Tom Dunmore |
2000-08-24 | Appellant's record, Vol. I to III, Completed on: 2000-08-24 | Tom Dunmore |
2000-08-24 | Appellant's factum, (extension of time requested for Factum, Record & Authorities), Completed on: 2000-08-24 | Tom Dunmore |
2000-07-21 | Order on motion for leave to intervene, (by the Court) | |
2000-07-21 | Decision on the motion for leave to intervene, Ma, by the LABOUR ISSUES COORDINATING COMMITTEE. The factum is limited to 20 pages in length and the motion to introduce new evidence is dismissed. The request to present oral argument is deferred to a rota judge following receipt and consideration of the written arguments of the parties and interveners (REQUEST FOR ORAL ARGUMENT DISMISSED - Feb. 13/01). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record apart from its factum. Pursuant to rule 18(6) the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the intervention. Granted, no order as to costs |
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2000-07-21 | Decision on the motion for leave to intervene, Ma, by the CHARTER COMMITTEE ON POVERTY ISSUES. Dismissed, no order as to costs |
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2000-07-21 | Submission of motion for leave to intervene, by CCPI and LICC, Ma | |
2000-07-18 | Notice of constitutional question(s) | Tom Dunmore |
2000-07-18 | Order on motion to state a constitutional question | |
2000-06-20 | Decision on the motion to state a constitutional question, Bi, by the appellants is granted (for questions see long judgment). Notices of intervention are to be filed no later than August 28, 2000 Granted, no order as to costs |
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2000-06-14 | Submission of motion to state a constitutional question, Bi | |
2000-06-12 | Reply to the motion for leave to intervene, by CCPI to the response of the respondent Attorney General of Ontario (by fax) (2 copies filed June 14/00 with service - book form), Completed on: 2000-06-12 | Charter Committee on poverty issues ("CCPI") |
2000-06-12 | Response to the motion for leave to intervene, by the appellant to the intervention by the Labour Issues Coordinating Committee, Completed on: 2000-06-12 | Tom Dunmore |
2000-06-07 | Response to the motion for leave to intervene, from C.G. Paliare dated June 7/00 re: in response to A.G. Ontario's response to CCPI's motion to intervene (1 copy - book form), Completed on: 2000-06-07 | Tom Dunmore |
2000-06-07 | General proceeding, telephone conversation with B. Porter re: will file reply to motion by June 9/00 | Charter Committee on poverty issues ("CCPI") |
2000-06-01 | Response to the motion for leave to intervene, (responding to the Charter Committee on poverty issues' intervention) - book form, Completed on: 2000-06-01 | Attorney General for Ontario |
2000-05-30 | Response to the motion for leave to intervene, (Letter Form), from R. Stewart dated May 30, 2000 (joint)(fax copy), Completed on: 2000-05-30 | Attorney General for Ontario |
2000-05-30 | Response to the motion to state a constitutional question, (Letter Form), from R. Stewart dated May 30, 2000 (fax copy) (joint consent of the intervention by Labour Issues Co-ordinating), Completed on: 2000-05-30 | Attorney General for Ontario |
2000-05-24 | Motion for leave to intervene, (2 copies - book form), Completed on: 2000-05-24 | Charter Committee on poverty issues ("CCPI") |
2000-05-23 | Motion for leave to intervene, (joint with motion to introduce new evidence)(book form), Completed on: 2000-05-23 | Labour Issues Coordinating Committee (the "LICC") |
2000-05-23 | Response to the motion to state a constitutional question, Completed on: 2000-05-23 | Attorney General for Ontario |
2000-05-23 | Motion to state a constitutional question, Completed on: 2000-05-23 | Tom Dunmore |
2000-03-29 | Notice of deposit for security | Tom Dunmore |
2000-03-28 | Letter acknowledging receipt of notice of appeal | |
2000-03-24 | Notice of appeal, (receipt no. 2517 for $500.00), Completed on: 2000-03-24 | Tom Dunmore |
2000-03-07 | Order granting leave to appeal | |
2000-02-25 | Notice of deposit of judgment issued to all parties | |
2000-02-24 | Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted. Granted, no order as to costs |
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2000-01-24 | All materials on application for leave submitted to the Judges, L'HD Ba LeB | |
1999-05-07 | Applicant's reply to respondent's argument, Completed on: 1999-05-07 | Tom Dunmore |
1999-04-29 | Respondent's response on the application for leave to appeal, Completed on: 1999-04-29 | Attorney General for Ontario |
1999-04-29 | Letter acknowledging receipt of a complete application for leave to appeal | |
1999-04-28 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
1999-03-29 | Application for leave to appeal, vols. 1 and 2 (formal order of C.A. received on May 7, 1999), Completed on: 1999-05-10 | Tom Dunmore |
- Date modified: