Docket

29207

Attorney General of Canada v. Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros

(Ontario) (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)
2003-07-19 Appeal closed
2003-07-18 Judgment on appeal and notice of deposit of judgment sent to all parties
2003-07-17 Judgment on the appeal rendered, CJ G Ma Ba Bi Arb LeB, The appeal from the judgment of the Court of Appeal for Ontario, Numbers C35254 and C35835, dated March 13, 2002, heard on April 10, 2003 is allowed without costs. The Court would not disturb any order as to costs awarded in the courts below.

The constitutional questions are answered as follows:

1. Is s. 5.1(4) of the Department of Veterans Affairs Act, R.S.C. 1985, c. V-1, as amended, inconsistent with s. 1(a) of the Canadian Bill of Rights, S.C. 1960, c. 44?

Answer: No.

2. Is s. 5.1(4) of the Department of Veterans Affairs Act, R.S.C. 1985, c. V-1, as amended, inconsistent with s. 2(e) of the Canadian Bill of Rights, S.C. 1960, c. 44?

Answer: No.

3. If the answer to question 1 or 2 is in the affirmative, is s. 5.1(4) of the Department of Veterans Affairs Act, R.S.C. 1985, c. V-1, as amended, inoperable by reason of such inconsistency?

Answer: It is unnecessary to answer this question.

Allowed, without costs
2003-04-23 Transcript received, 56 pages
2003-04-14 Supplemental factum, (motion granted by the Court at the hearing) (sent to the judges April 15/03) Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros
2003-04-10 Decision on miscellaneous motion, CJ G Ma Ba Bi Arb LeB
Granted, no order as to costs
2003-04-10 Hearing of miscellaneous motion, CJ G Ma Ba Bi Arb LeB
2003-04-10 Judgment reserved OR rendered with reasons to follow
2003-04-10 Hearing of the appeal, 2003-04-10, (V042), CJ G Ma Ba Bi Arb LeB
Judgment reserved
2003-04-10 Supplemental factum, given in Court ( motion granted by the Court) Attorney General of Canada
2003-04-10 Appellant's condensed book, given in Court Attorney General of Canada
2003-04-10 Acknowledgement and consent for video taping of proceedings
2003-04-08 Reply to miscellaneous motion, (Letter Form), from G. Garton dated April 8, 2003 (fax copy) (sent to the judges April 8/03), Completed on: 2003-04-08 Attorney General of Canada
2003-04-08 Response to miscellaneous motion, Affidavit of David G. Greenaway (sent to the judges April 8/03), Completed on: 2003-04-08 Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros
2003-04-08 Submission of miscellaneous motion, (referred to the Court by Chief Justice), CJ G Ma Ba Bi Arb LeB
2003-04-08 Correspondence received from, Graham R. Garton dated 04/08/03 re article by professor Monahan Attorney General of Canada
2003-04-07 Notice of appearance, of Graham Garton Attorney General of Canada
2003-04-07 Supplemental document, entitled: Is the Pearson Airport Legislation Unconstitutional?....by Patrick J. Monahan (sent to the Court 04/08/03) Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros
2003-04-07 Notice of miscellaneous motion, (to file a suppl. factum)(book form - 14 copies) (sent to the judges April 8/03), Completed on: 2003-04-07 Attorney General of Canada
2003-04-04 Notice of appearance, of Graham R. Garton Attorney General of Canada
2003-03-27 Notice of appearance, of Graham R. Garton Attorney General of Canada
2003-03-26 Order on motion to extend time
2003-03-26 Decision on motion to extend time, to serve and file the respondent's book of authorities to March 14/03, DeRg
Granted
2003-03-26 Submission of motion to extend time, DeRg
2003-03-21 Notice of withdrawal Attorney General of Alberta
2003-03-19 Response to motion to extend time, (Letter Form), from G. Garton dated March 19, 2003 (fax copy), Completed on: 2003-03-19 Attorney General of Canada
2003-03-18 Motion to extend time, to file the authorities to March 14, 2003, Completed on: 2003-03-18 Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros
2003-03-17 Notice of hearing sent to parties
2003-03-14 Respondent's book of authorities, Completed on: 2003-03-14 Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros
2003-03-11 Appeal perfected for hearing
2003-03-11 Appeal hearing scheduled, 2003-04-10
Judgment reserved
2003-02-28 Respondent's record, Completed on: 2003-02-28 Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros
2003-02-28 Respondent's factum, Completed on: 2003-02-28 Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros
2003-02-03 Notice of intervention respecting a constitutional question Attorney General of Alberta
2003-01-30 Appellant's record, vol. 1 and 2, Completed on: 2003-01-30 Attorney General of Canada
2003-01-30 Appellant's book of authorities, Completed on: 2003-01-30 Attorney General of Canada
2003-01-30 Appellant's factum, Completed on: 2003-01-30 Attorney General of Canada
2003-01-02 Notice of constitutional question(s) Attorney General of Canada
2002-12-31 Order on motion for leave to intervene
2002-12-23 Decision on the motion to state a constitutional question, CJ, 1. Is s. 5.1(4) of the Department of Veterans Affairs Act, R.S.C. 1985, c. V-1, as amended, inconsistent with s. 1(a) of the Canadian Bill of Rights, S.C. 1960, c. 44?

2. Is s. 5.1(4) of the Department of Veterans Affairs Act, R.S.C. 1985, c. V-1, as amended, inconsistent with s. 2(e) of the Canadian Bill of Rights, S.C. 1960, c. 44?

3. If the answer to question 1 or 2 is in the affirmative, is s. 5.1(4) of the Department of Veterans Affairs Act, R.S.C. 1985, c. V-1, as amended, inoperable by reason of such inconsistency?

Notices of interventions are to be filed on or before February 3, 2003.
Granted
2002-12-11 Submission of motion to state a constitutional question, CJ
2002-12-10 Decision on motion to expedite the appeal, CJ, 1) this appeal be expedited so that it can be heard during the first two weeks of the Spring 2003 session;

2) the appellant's record, factum and book of authorities shall be served and filed no later than January 31, 2003;

3) the respondent's record, factum and book of authorities shall be served and filed no later than 4 weeks after the service of the appellant's factum;

4) motions for leave to intervene shall be served and filed no later than 2 weeks after the service of the appellant's factum and any interveners' factums shall be served and filed no later than 3 weeks after the service of the respondent's factum.

Granted
2002-12-05 Submission of motion to expedite the appeal, CJ
2002-12-04 Reply to motion to expedite the appeal, (Letter Form), D. Greenaway dated/datée 4-12-02 (fax copy/télécopieur), Completed on: 2002-12-04 Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros
2002-11-22 Response to motion to expedite the appeal, (Letter Form), from D. Rennie dated Nov. 22, 2002 (fax copy), Completed on: 2002-11-22 Attorney General of Canada
2002-11-18 Correspondence (sent by the Court) to, all parties; re: Filing timetable / Tentative hearing date (June 3/03)
2002-11-15 Motion to expedite the appeal, by scheduling it during the April 2003 sessions (book form), Completed on: 2002-11-15 Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros
2002-11-15 Letter acknowledging receipt of notice of appeal
2002-11-14 Motion to state a constitutional question, (book form), Completed on: 2002-11-14 Attorney General of Canada
2002-11-13 Supplemental document, 1 copy of order of Superior Court of Justice dated July 17, 2002 (fax copy) re: continuation of the style of cause Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros
2002-11-07 Notice of appeal, (notice to be amended - re: style of cause)(amended notice received on Nov. 14, 2002), Completed on: 2002-11-15 Attorney General of Canada
2002-10-22 Judgment on leave sent to the parties
2002-10-17 Judgment of the Court on the application for leave to appeal, The motion to expedite the application is granted and the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers C35254 and C35835, dated March 13, 2002, is granted with costs to the Respondent in any event of the cause.
Granted, with costs
2002-10-17 Decision on motion to expedite the application for leave to appeal
Granted
2002-07-29 All materials on application for leave submitted to the Judges, G Ma Arb
2002-07-29 Submission of motion to expedite the application for leave to appeal, G Ma Arb
2002-07-22 Motion to expedite the application for leave to appeal, book form - 5 copies, Completed on: 2002-07-22 Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros
2002-06-11 Applicant's reply to respondent's argument, Completed on: 2002-06-11 Attorney General of Canada
2002-06-06 Respondent's response on the application for leave to appeal, Completed on: 2002-06-06 Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros
2002-05-30 Letter acknowledging receipt of a complete application for leave to appeal
2002-05-10 Application for leave to appeal, Completed on: 2002-05-30 Attorney General of Canada