Docket
30176
Frederick Leroy Barney, et al. v. Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development, et al.
(British Columbia) (Civil) (By Leave)
(Publication ban in case)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2005-11-30 | Appeal closed | |
| 2005-11-29 | Correspondence received from, Peter R. Grant dated Nov. 29/05 re: citation | Frederick Leroy Barney |
| 2005-11-14 | Correspondence (sent by the Court) to, Peter R. Grant in response to his letter dated Nov. 7/05 | |
| 2005-11-07 | Correspondence received from, Peter R. Grant dated Nov. 7/05 re: citation and name of counsel | Frederick Leroy Barney |
| 2005-10-24 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2005-10-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-10-21 | Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal of Frederick Leroy Barney from the judgment of the Court of Appeal for British Columbia (Vancouver), Docket Numbers CA024796, CA028840, CA028841, CA028844, CA028845, CA028846, CA028847, CA028848 and CA028853, dated December 10, 2003, heard on May 16, 2005, is dismissed and the appeal of Canada is allowed in part. The judgment of the trial judge on the issues of joint vicarious liability against the United Church and Canada, and assessment and apportionment of damages, is restored. The judgment of the Court of Appeal on the issue of charitable immunity is set aside. The Court of Appeal's award to Mr. Barney for loss of future earning opportunity is upheld. Each party is to bear its own costs. Allowed in part |
|
| 2005-07-08 | Correspondence received from, David Paterson, re: Lock-up | Patrick Dennis Stewart |
| 2005-07-08 | Correspondence received from, Christopher E. Hinkson, Q.C., re: Lock-up | The United Church of Canada |
| 2005-07-07 | Correspondence received from, Peter R. Grant, re: Lock-up | Frederick Leroy Barney |
| 2005-07-07 | Correspondence received from, Mitchell R. Taylor, re: Lock-up | Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development |
| 2005-07-05 | Correspondence (sent by the Court) to, all parties, re: proposed Lock-up | |
| 2005-06-01 | Transcript received, 146 pages | |
| 2005-05-16 | Judgment reserved OR rendered with reasons to follow | |
| 2005-05-16 | Acknowledgement and consent for video taping of proceedings, from all parties. | |
| 2005-05-16 | Respondent's condensed book, submitted in Court - 14 copies. | The United Church of Canada |
| 2005-05-16 | Appellant's condensed book, submitted in Court - 14 copies | Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development |
| 2005-05-16 | Appellant's condensed book, submitted in Court - 14 copies. | Frederick Leroy Barney |
| 2005-05-16 | Hearing of the appeal, 2005-05-16, CJ Ma Ba Bi LeB De F Abe Cha Judgment reserved |
|
| 2005-05-12 | Notice of appearance, Advised by Gowlings that Christopher E. Hinkon, Q.C. and Bernard S. Buettner will be present at the hearing. | The United Church of Canada |
| 2005-05-12 | Notice of appearance, advised by Gowlings that Peter R. Grant, Diane H. Soroka and Allan Early will be present at the hearing. | Frederick Leroy Barney |
| 2005-05-06 | Notice of appearance, Marie Elena O'Donnell will be present at the hearing. | Women's Legal Education and Action Fund (LEAF), Native Women's Association of Canada (NWAC) and DisAbled Women's Network of Canada (DAWN Canada) |
| 2005-05-04 | Order on motion to extend time | |
| 2005-05-03 | Notice of appearance, Jack R. London and Bryan P. Schwartz will be present at the hearing. | Assembly of First Nations |
| 2005-05-03 | Decision on motion to extend time, to serve and file the interveners, LEAF, NWAC and DAWN Canada, factum and book of authorities to Apr. 25/05 and to present oral argument at the hearing of the appeal, F Granted |
|
| 2005-05-03 | Submission of motion to extend time, F | |
| 2005-05-02 | Order by, F, FURTHER TO THE ORDER of Fish J. dated March 29, 2005, granting leave to intervene to the Assembly of First Nations and the Women's Legal Education and Action Fund, the Native Women's Association of Canada and the DisAbled Women's Network Canada; IT IS HEREBY FURTHER ORDERED THAT the intervener Assembly of First Nations, is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. IT IS HEREBY FURTHER ORDERED THAT the joint interveners, Women's Legal Education and Action Fund, the Native Women's Association of Canada and the DisAbled Women's Network Canada, are granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2005-04-25 | Book of authorities, (Vol. I and II), Completed on: 2005-04-25 | Women's Legal Education and Action Fund (LEAF), Native Women's Association of Canada (NWAC) and DisAbled Women's Network of Canada (DAWN Canada) |
| 2005-04-25 | Intervener's factum, Completed on: 2005-04-25 | Women's Legal Education and Action Fund (LEAF), Native Women's Association of Canada (NWAC) and DisAbled Women's Network of Canada (DAWN Canada) |
| 2005-04-21 | Notice of appearance, Mitchell R. Taylor and James M. Ward will be present at the hearing. | Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development |
| 2005-04-21 | Response to motion to extend time, (Letter Form), from Mitchell Taylor dated Apr. 19/05, Completed on: 2005-04-21 | Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development |
| 2005-04-19 | Motion to extend time, to file the interveners' factum and authorities to Apr. 25/05, Completed on: 2005-04-19 | Women's Legal Education and Action Fund (LEAF), Native Women's Association of Canada (NWAC) and DisAbled Women's Network of Canada (DAWN Canada) |
| 2005-04-18 | Book of authorities, Completed on: 2005-04-18 | Assembly of First Nations |
| 2005-04-18 | Intervener's factum, Completed on: 2005-04-18 | Assembly of First Nations |
| 2005-04-14 | Discontinuance of miscellaneous motion, (Letter Form), from Peter R. Grant dated Apr. 14/05 | Frederick Leroy Barney |
| 2005-04-08 | Reply to miscellaneous motion, affidavit of Cinde O'Neil sworn Apr. 8/05, Completed on: 2005-04-08 | Frederick Leroy Barney |
| 2005-04-04 | Correspondence received from, (by e-mail) P.R. Grant; re: that motion for the production of documents be held in abeyance | Frederick Leroy Barney |
| 2005-03-29 | Order on motion for leave to intervene | |
| 2005-03-29 | Decision on the motion for leave to intervene, F, The motion for leave to intervene of the applicant, the Assembly of First Nations, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before April 18, 2005. The motion for leave to intervene of the applicant, the Women's Legal Education and Action Fund, the Native Women's Association of Canada and the DisAbled Women's Network Canada, is granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length on or before April 18, 2005. 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 shall not be 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) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. Granted |
|
| 2005-03-29 | Submission of motion for leave to intervene, F | |
| 2005-03-24 | Respondent's book of authorities, (1st application), Completed on: 2005-03-24 | The United Church of Canada |
| 2005-03-24 | Respondent's factum, (1st application), Completed on: 2005-03-24 | The United Church of Canada |
| 2005-03-24 | Respondent's book of authorities, (1st application), Completed on: 2005-03-24 | Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development |
| 2005-03-24 | Respondent's record, Completed on: 2005-03-24 | Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development |
| 2005-03-24 | Respondent's factum, (1st application), Completed on: 2005-03-24 | Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development |
| 2005-03-22 | Response to miscellaneous motion, (bookform), Completed on: 2005-03-22 | Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development |
| 2005-03-18 | Correspondence received from, Diane Soroka dated Mar. 17/05 re: request one full day for the hearing - consent of all parties included | Frederick Leroy Barney |
| 2005-03-14 | Book of authorities, on miscellaneous motion, Completed on: 2005-03-14 | Frederick Leroy Barney |
| 2005-03-14 | Notice of miscellaneous motion, for discovery and production (bookform), Completed on: 2005-03-14 | Frederick Leroy Barney |
| 2005-03-10 | Respondent's book of authorities, Service missing, Incomplete | Patrick Dennis Stewart |
| 2005-03-10 | Respondent's book of authorities, (1st application), Completed on: 2005-03-10 | Frederick Leroy Barney |
| 2005-03-10 | Respondent's record, (form 39 rec'd March 17/05, Completed on: 2005-03-17 | Frederick Leroy Barney |
| 2005-03-10 | Respondent's factum, Completed on: 2005-03-10 | Frederick Leroy Barney |
| 2005-03-10 | Respondent's factum, Completed on: 2005-03-10 | Patrick Dennis Stewart |
| 2005-03-10 | Reply to the motion for leave to intervene, (Letter Form), (Jack London with cc. to all parties), Completed on: 2005-03-09 | Assembly of First Nations |
| 2005-03-09 | Reply to the motion for leave to intervene, (Letter Form), (Mrs. Fiona Sampson dated Mar. 8/05), Completed on: 2005-03-09 | Women's Legal Education and Action Fund (LEAF), Native Women's Association of Canada (NWAC) and DisAbled Women's Network of Canada (DAWN Canada) |
| 2005-03-09 | Appeal perfected for hearing | |
| 2005-03-08 | Respondent's book of authorities, Completed on: 2005-03-08 | The United Church of Canada |
| 2005-03-08 | Respondent's record, Completed on: 2005-03-08 | The United Church of Canada |
| 2005-03-08 | Respondent's factum, Completed on: 2005-03-08 | The United Church of Canada |
| 2005-03-08 | Response to the motion for leave to intervene, (Letter Form), from Peter R. Grant dated March 07/05 (by LEAF, NWAC & DAWN), Completed on: 2005-03-08 | Frederick Leroy Barney |
| 2005-03-04 | Response to the motion for leave to intervene, (Letter Form), from Mitchell Taylor dated March 04/05 (by AFN), Completed on: 2005-03-04 | Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development |
| 2005-03-04 | Response to the motion for leave to intervene, (Letter Form), from Mitchell Taylor dated March 04/05 (by LEAF, NWAC & DAWN), Completed on: 2005-03-04 | Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development |
| 2005-03-04 | Response to the motion for leave to intervene, e-mail from Gowlings dated March 4/05 (by LEAF and AFN), Completed on: 2005-03-04 | Frederick Leroy Barney |
| 2005-03-02 | Supplemental document, Notice of Agent representing two opposing parties recvd from Gowlings advising both parties consent. | Frederick Leroy Barney |
| 2005-03-02 | Notice of hearing sent to parties | |
| 2005-03-02 | Appeal hearing scheduled, 2005-05-16 Judgment reserved |
|
| 2005-02-25 | Motion for leave to intervene, (bookform), Completed on: 2005-03-01 | Assembly of First Nations |
| 2005-02-24 | Motion for leave to intervene, (bookform), Completed on: 2005-02-24 | Women's Legal Education and Action Fund (LEAF), Native Women's Association of Canada (NWAC) and DisAbled Women's Network of Canada (DAWN Canada) |
| 2005-02-24 | Correspondence received, from Jeffrey W. Beedell dated Feb. 24/05 re: will not be filing an intervener motion | |
| 2005-02-08 | Correspondence received, J. Beedell dated Feb. 8, 2005 (fax copy) re: filing of interventions's motions pursuant to Rule 56 (b) | |
| 2005-01-28 | Appellant's record, (Vol. IV to XV + Index to the record)(SEE case note), Completed on: 2005-01-28 | Frederick Leroy Barney |
| 2005-01-28 | Appellant's book of authorities, Completed on: 2005-01-28 | Frederick Leroy Barney |
| 2005-01-28 | Appellant's factum, Completed on: 2005-01-28 | Frederick Leroy Barney |
| 2005-01-12 | Appellant's record, (Vol. I to VI) (Vol. I, II & III are joint with Barney), Completed on: 2005-02-02 | Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development |
| 2005-01-12 | Appellant's book of authorities, (2nd Application), Completed on: 2005-01-12 | Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development |
| 2005-01-12 | Appellant's factum, (2nd Application), Completed on: 2005-01-12 | Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development |
| 2004-11-05 | Notice of appeal, (1st Application), Completed on: 2004-11-05 | Frederick Leroy Barney |
| 2004-11-02 | Correspondence received from, Mr. Grant re: there will not be any constitutional question | Frederick Leroy Barney |
| 2004-11-02 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2004-10-21 | Notice of appeal, (2nd Application), Completed on: 2004-10-21 | Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development |
| 2004-10-18 | Correspondence received from, P. R. Grant dated Oct. 14/04 re: confirming new law firm's name now Hutchins Grant & Associates (by fax) | Frederick Leroy Barney |
| 2004-10-08 | Judgment on leave sent to the parties | |
| 2004-10-07 | Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA024796, CA028840, CA028841, CA028844, CA028845, CA028846, CA028847, CA028848 and CA028853, dated December 10, 2003, are granted with costs in any event of the cause to the applicant, Frederick Leroy Barney on the first application and with costs in any event of the cause to the respondents Frederick Leroy Barney, M.W. (2) and Patrick Dennis Stewart on the second application. Granted, with costs |
|
| 2004-06-28 | All materials on application for leave submitted to the Judges, Ma Bi F | |
| 2004-05-13 | Correspondence received from, Mitchell Taylor dated May 11/04 - fax copy - re: cost and disbursements of R.A.F and Patrick Denis Stewart | Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development |
| 2004-05-13 | Respondent's response on the application for leave to appeal, (Letter Form), from David Paterson Law - do not oppose second leave application be granted (fax copy)., Completed on: 2004-05-13 | Patrick Dennis Stewart |
| 2004-05-13 | Respondent's response on the application for leave to appeal, (Letter Form), from Hutchins, Soroka & Grant - do not oppose second leave application be granted (fax copy)., Completed on: 2004-05-13 | R.A.F, R.J.J. and M.L.J |
| 2004-05-12 | Correspondence received from, Mitchell Taylor, letter with Court order with signatures of parties, copy of order submitted to the Court of Appeal May 12 for judge's signature. | Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development |
| 2004-05-12 | Correspondence received from, Peter R. Grant - fax copy of order without signatures. Official with signatures to follow next week (May 17-21) | Frederick Leroy Barney |
| 2004-05-10 | Correspondence received from, Department of Justice - Mitchell Taylor advising that one signature is missing on C/A order. It is being dealt with on an expidited basis. | Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development |
| 2004-04-16 | Correspondence received from, Peter R. Grant advising that the Appeal Court order should be received shortly. | Frederick Leroy Barney |
| 2004-04-02 | Correspondence received, by e-mail from D. Wissman confirming the active parties in the second application. | |
| 2004-03-24 | Letter acknowledging receipt of an incomplete application for leave to appeal, (SECOND APPLICATION) | |
| 2004-03-24 | Letter acknowledging receipt of an incomplete application for leave to appeal, (FIRST APPLICATION) | |
| 2004-03-19 | Applicant's reply to respondent's argument, (SECOND APPLICATION) - reply to the response of the United Church of Canada., Completed on: 2004-03-19 | Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development |
| 2004-03-19 | Applicant's reply to respondent's argument, (FIRST APPLICATION) - reply to the response of Her Majesty the Queen in Right of Canada., Completed on: 2004-03-19 | Frederick Leroy Barney |
| 2004-03-19 | Applicant's reply to respondent's argument, (FIRST APPLICATION) reply to the response of the United Church of Canada, Completed on: 2004-03-19 | Frederick Leroy Barney |
| 2004-03-18 | Correspondence received from, Mitchell Taylor stating that they will file a reply to the first application with an extension for time. | Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development |
| 2004-03-12 | Book of authorities, (SECOND APPLICATION) | Patrick Dennis Stewart |
| 2004-03-10 | Book of authorities, (SECOND APPLICATION) filed by: M.W. and Frederick Leroy Barney | Frederick Leroy Barney |
| 2004-03-10 | Respondent's response on the application for leave to appeal, (SECOND APPLICATION) filed by: M.W. and Frederick Leroy Barney, Completed on: 2004-03-10 | Frederick Leroy Barney |
| 2004-03-10 | Respondent's response on the application for leave to appeal, (SECOND APPLICATION), Completed on: 2004-03-10 | The United Church of Canada |
| 2004-03-10 | Respondent's response on the application for leave to appeal, (FIRST APPLICATION), Completed on: 2004-03-10 | The United Church of Canada |
| 2004-03-09 | Respondent's response on the application for leave to appeal, (SECOND APPLICATION), Completed on: 2004-03-09 | Patrick Dennis Stewart |
| 2004-03-08 | Book of authorities, (FIRST APPLICATION) | Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development |
| 2004-03-08 | Respondent's response on the application for leave to appeal, (responding to Mr. Barney's application (FIRST APPLICATION), Completed on: 2004-03-08 | Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development |
| 2004-02-24 | Correspondence received from, stating that there is a publication ban in Blackwater v. Plint, et al. | Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development |
| 2004-02-24 | Correspondence received from, stating that there is no publication ban in Barney v. HMTQ. | Frederick Leroy Barney |
| 2004-02-09 | Application for leave to appeal, (SECOND APPLICATION) Vol. I, II and III - C/A order (recvd May 17/04)., Completed on: 2004-05-18 | Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development |
| 2004-02-09 | Book of authorities, (FIRST APPLICATION) | Frederick Leroy Barney |
| 2004-02-09 | Application for leave to appeal, (FIRST APPLICATION) - Vol I, II and III. - requested C/A order (recvd May 17/04)., Completed on: 2004-05-18 | Frederick Leroy Barney |
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