Docket
28416
David Albert Siemens, et al. v. The Attorney General of Manitoba, et al.
(Manitoba) (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) |
|---|---|---|
| 2003-02-20 | Appeal closed | |
| 2003-02-03 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-01-30 | Written reasons rendered after oral judgment, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal of Manitoba, Number AI00-30-04743, dated December 13, 2000, was heard on October 31, 2002 and the Court on that day delivered the following judgment orally: The Court does not find it necessary to hear from the respondents or the interveners. We all agree that the appeal should be dismissed, reasons to follow. On this day reasons were delivered and the judgment was restated as follows: The appeal is dismissed and the respondents are entitled to costs. The constitutional questions are answered as follows: (See long judgment) Dismissed |
|
| 2002-12-03 | Record returned to the Registrar of the Court of Appeal | |
| 2002-11-13 | Transcript received, (35 pp) | |
| 2002-11-04 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2002-10-31 | Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal of Manitoba, Number AI00-30-04743, dated December 13, 2000, was heard on October 31, 2002 and the Court this day delivered the following judgment: The Chief Justice (orally): The Court does not find it necessary to hear from the respondents or the interveners. We all agree that the appeal should be dismissed, reasons to follow. (REASONS DELIVERED JANUARY 30, 2003) Dismissed |
|
| 2002-10-31 | Judgment reserved OR rendered with reasons to follow | |
| 2002-10-31 | General proceeding, Condensed book. | Attorney General for Ontario |
| 2002-10-31 | Acknowledgement and consent for video taping of proceedings | |
| 2002-10-31 | Hearing of the appeal, 2002-10-31, (V062), CJ G Ia Ma Ba Bi Arb LeB De Judgment rendered |
|
| 2002-10-21 | Notice of appearance, (Letter Form), from Sylvie-Anne St. Aubin, faxed and dated 21 Oct. 2002. | Attorney General of Canada |
| 2002-10-16 | Notice of withdrawal | Attorney General for Saskatchewan |
| 2002-09-09 | Appeal hearing scheduled, 2002-10-31 Judgment rendered |
|
| 2002-08-20 | Notice of hearing | David Albert Siemens |
| 2002-07-26 | Order on motion for leave to intervene, (15 MINUTES GRANTED BY LEBEL J.) | |
| 2002-07-10 | Respondent's book of authorities, re: reply, Completed on: 2002-07-10 | The Attorney General of Manitoba |
| 2002-07-10 | Reply factum on appeal, (see order dated May 14, 2002), Completed on: 2002-07-10 | The Attorney General of Manitoba |
| 2002-06-19 | Order on motion to extend time | |
| 2002-06-19 | Decision on motion to extend time, DeRg, to serve and file the factum and book of authorities of the intervener Attorney General of Alberta to May 31, 2002, nunc pro tunc. Granted |
|
| 2002-06-19 | Submission of motion to extend time, DeRg | |
| 2002-06-13 | Response to motion to extend time, (Letter Form), from Gowlings dated June 13/02 (by fax) (joint with response from Appellants), Completed on: 2002-06-13 | The Attorney General of Manitoba |
| 2002-06-13 | Response to motion to extend time, (Letter Form), from Gowlings dated June 13/02 (by fax) (joint with response from Respondent), Completed on: 2002-06-13 | David Albert Siemens |
| 2002-06-12 | Motion to extend time, to file the authorities to May 31, 2002 - 1 copy, Completed on: 2002-06-12 | Attorney General of Alberta |
| 2002-05-31 | Book of authorities, (see order), Completed on: 2002-05-31 | Attorney General for Ontario |
| 2002-05-31 | Intervener's factum, (see order), Completed on: 2002-05-31 | Attorney General for Ontario |
| 2002-05-31 | Book of authorities, (extension of time requested), Completed on: 2002-05-31 | Attorney General of Alberta |
| 2002-05-31 | Intervener's factum, (extension of time requested), Completed on: 2002-06-10 | Attorney General of Alberta |
| 2002-05-15 | Order on motion to extend time | |
| 2002-05-14 | Order on motion to strike out, (by Iacobucci J.) | |
| 2002-05-14 | Decision on motion to strike out, Ia, 1. The application by the respondents for an order striking the factum of the interveners 292129 Alberta Ltd. et al. is dismissed. 2. The respondents are granted permission to file a factum of up to 20 pages in reply to the factum of the interveners 292129 Alberta Ltd. et al. 3. There shall be no order as to costs. Dismissed |
|
| 2002-05-14 | Submission of motion to strike out, Ia | |
| 2002-05-09 | Decision on motion to extend time, Reg, to serve and file the factum and book of authorities of the intervener Attorney General of Ontario to May 31, 2002. Granted |
|
| 2002-05-09 | Submission of motion to extend time, Reg | |
| 2002-04-29 | Notice of withdrawal | Attorney General of British Columbia |
| 2002-04-26 | Response to motion to strike out, 2 copies - book form, Completed on: 2002-04-26 | 292129 Alberta Ltd., operating as The Empress Hotel, 484906 Alberta Ltd., operating as Lacombe Motor Inn, Leto Steak & Seafood House Ltd. |
| 2002-04-26 | Response to motion to strike out, (Letter Form), from Gowlings dated April 26, 2002, Completed on: 2002-04-26 | David Albert Siemens |
| 2002-04-24 | Response to motion to extend time, (Letter Form), letter from Gowlings dated April 24/02, Completed on: 2002-04-24 | The Attorney General of Manitoba |
| 2002-04-23 | Motion to extend time, to file the factum and authorities to May 31, 2002 - 1 copy, Completed on: 2002-04-23 | Attorney General for Ontario |
| 2002-04-19 | Supplemental document, (memorandum of argument in support of motion to strike out) - 2 copies, book form (service requested) | The Attorney General of Manitoba |
| 2002-04-19 | Motion to strike out, the factum of the interveners, 292129 Alberta Ltd., et al or alternatively, to file a reply - 2 copies (affidavit only in book form), Incomplete | The Attorney General of Manitoba |
| 2002-04-16 | Book of authorities, Vol. I & II, Completed on: 2002-05-02 | Attorney General of New Brunswick |
| 2002-04-15 | Intervener's factum, Completed on: 2002-04-15 | Attorney General of New Brunswick |
| 2002-04-10 | Intervener's factum, Completed on: 2002-04-10 | Attorney General of Canada |
| 2002-04-09 | Book of authorities, Completed on: 2002-04-09 | 292129 Alberta Ltd., operating as The Empress Hotel, 484906 Alberta Ltd., operating as Lacombe Motor Inn, Leto Steak & Seafood House Ltd. |
| 2002-04-09 | Intervener's factum, Completed on: 2002-04-09 | 292129 Alberta Ltd., operating as The Empress Hotel, 484906 Alberta Ltd., operating as Lacombe Motor Inn, Leto Steak & Seafood House Ltd. |
| 2002-03-18 | Appeal perfected for hearing, Session beginning on 2002-09-30 | |
| 2002-03-13 | Respondent's book of authorities, Completed on: 2002-03-13 | The Attorney General of Manitoba |
| 2002-03-13 | Respondent's factum, Completed on: 2002-03-13 | The Attorney General of Manitoba |
| 2002-02-04 | Notice of intervention respecting a constitutional question | Attorney General for Saskatchewan |
| 2002-02-04 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2002-02-01 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2002-01-31 | Appellant's factum, Completed on: 2002-01-31 | David Albert Siemens |
| 2002-01-31 | Appellant's book of authorities, Completed on: 2002-01-31 | David Albert Siemens |
| 2002-01-31 | Notice of intervention respecting a constitutional question | Attorney General of New Brunswick |
| 2002-01-30 | Notice of intervention respecting a constitutional question | Attorney General for Ontario |
| 2002-01-23 | Appellant's record, Completed on: 2002-01-23 | David Albert Siemens |
| 2002-01-23 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 2002-01-04 | Notice of constitutional question(s) | David Albert Siemens |
| 2002-01-03 | Order on motion to state a constitutional question | |
| 2001-12-19 | Decision on the motion to state a constitutional question, CJ, Notices of intervention are to be filed on or before February 4, 2002. 1. Is The Gaming Control Local Option (VLT) Act, S.M. 1999, c. 44, in its entirety ultra vires the Legislature of the Province of Manitoba as it relates to a subject matter which is within the exclusive jurisdiction of the Parliament of Canada under s. 91(27) of the Constitution Act, 1867? 2. Is s. 16(1) of The Gaming Control Local Option (VLT) Act, S.M. 1999, c. 44, ultra vires, the Legislature of the Province of Manitoba as it relates to a subject matter which is within the exclusive jurisdiction of the Parliament of Canada under s. 91(27) of the Constitution Act, 1867? 3. Is s. 16 of The Gaming Control Local Option (VLT) Act inconsistent with s. 2(b) of the Canadian Charter of Rights and Freedoms? 4. If the answer to question 3 is in the affirmative, is s. 16 of The Gaming Control Local Option (VLT) Act nevertheless justified by s. 1 of the Canadian Charter of Rights and Freedoms? 5. Is s. 16 of The Gaming Control Local Option (VLT) Act inconsistent with s. 7 of the Canadian Charter of Rights and Freedoms? 6. If the answer to question 5 is in the affirmative, is s. 16 of The Gaming Control Local Option (VLT) Act nevertheless justified by s. 1 of the Canadian Charter of Rights and Freedoms? 7. Is s. 16 of The Gaming Control Local Option (VLT) Act inconsistent with s. 15(1) of the Canadian Charter of Rights and Freedoms? 8. If the answer to question 7 is in the affirmative, is s. 16 of The Gaming Control Local Option (VLT) Act nevertheless justified by s. 1 of the Canadian Charter of Rights and Freedoms? Granted, no order as to costs |
|
| 2001-12-14 | Order on motion for leave to intervene, (by the Judge) | |
| 2001-12-14 | Decision on the motion for leave to intervene, LeB, by 292129 ALBERTA LTD., ET AL. A joint factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES GRANTED JULY 26, 2002). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the interventions. Granted, no order as to costs |
|
| 2001-12-14 | Submission of motion for leave to intervene, LeB | |
| 2001-12-13 | Response to the motion for leave to intervene, (Letter Form), (fax), Completed on: 2001-12-13 | David Albert Siemens |
| 2001-11-30 | Response to the motion for leave to intervene, (does not take any position - included in motion), Completed on: 2001-11-30 | The Attorney General of Manitoba |
| 2001-11-30 | Motion for leave to intervene, (memorandum of fact in support of motion filed separetely) - 2 copies, Completed on: 2001-11-30 | 292129 Alberta Ltd., operating as The Empress Hotel, 484906 Alberta Ltd., operating as Lacombe Motor Inn, Leto Steak & Seafood House Ltd. |
| 2001-11-22 | Submission of motion to state a constitutional question, CJ | |
| 2001-11-05 | Appeal court record, 1 box (joint with Q'sB book of exhibits) | |
| 2001-11-05 | Response to the motion to state a constitutional question, (Letter Form), from H. Brown dated Nov. 5, 2001, Completed on: 2001-11-05 | The Attorney General of Manitoba |
| 2001-10-26 | Motion to state a constitutional question, 2 copies, Incomplete | David Albert Siemens |
| 2001-10-17 | Copy of formal judgment on leave being prepared | |
| 2001-10-12 | Correspondence (sent by the Court) to, all parties; re: filing timetable / tentative hearing date | |
| 2001-10-12 | Order granting leave to appeal | |
| 2001-10-04 | Notice of deposit for security | David Albert Siemens |
| 2001-10-03 | Notice of appeal, (proof of service received Oct. 17, 2001), Completed on: 2001-10-03 | David Albert Siemens |
| 2001-09-14 | Notice of deposit of judgment issued to all parties | |
| 2001-09-13 | Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted with costs to the applicants David Albert Siemens, Eloisa Ester Siemens and Sie-Cor Properties Inc. o/a The Winkler Inn in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2001-06-11 | All materials on application for leave submitted to the Judges, CJ Ia Ba | |
| 2001-03-27 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2001-02-28 | Applicant's reply to respondent's argument, Completed on: 2001-02-28 | David Albert Siemens |
| 2001-02-22 | Book of authorities, Completed on: 2001-02-22 | The Attorney General of Manitoba |
| 2001-02-22 | Respondent's response on the application for leave to appeal, Completed on: 2001-02-22 | The Attorney General of Manitoba |
| 2001-02-08 | Book of authorities, Completed on: 2001-02-08 | David Albert Siemens |
| 2001-02-08 | Application for leave to appeal, (C.A. order missing filed Apr. 9), Completed on: 2001-04-09 | David Albert Siemens |
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