Docket

30462

Rogers Communications Incorporated, et al. v. Sandra Buschau, et al.

(British Columbia) (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)
2006-07-04 Appeal closed
2006-06-26 Formal judgment sent to the registrar of the court of appeal and all parties
2006-06-26 Judgment on appeal and notice of deposit of judgment sent to all parties
2006-06-22 Judgment on the appeal rendered, CJ Ba LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA030787, 2004 BCCA 80, 2004 BCCA 282, dated May 18, 2004, heard on November 15, 2005, is allowed.

The order of the Court of Appeal is set aside, with the exception of the order as to costs, which is affirmed. Rogers Communications Incorporated is ordered to pay National Trust Company's costs in this Court.
Allowed, with costs
2005-12-02 Correspondence received from, John N. Laxton, Q.C. dated Dec. 2/05 re: arguments responding to the questions of the Court (sent to the Court Dec. 5/05) Sandra Buschau
2005-12-02 Transcript received, (64 pages)
2005-12-01 Correspondence received from, Jennifer J. Lynch dated Dec. 1/05 re: agrees that respondents' add. submissions exceed those requested by the Court at the hearing (sent to the Court Dec. 5/05) National Trust Company
2005-11-30 Correspondence received from, Irwin G. Nathanson, Q.C. dated Nov. 30/05 re: respondents' written submissions exceed those requested by the Court at the hearing (sent to the Court Dec. 5/05) Rogers Communications Incorporated
2005-11-29 Book of authorities, (supplemental) (sent to the judges Nov. 29/05), Completed on: 2005-11-30 Sandra Buschau
2005-11-29 Supplemental factum, 14 copies (requested at the hearing) - CD rec'd Dec. 1/05 - revised CD rec'd Dec. 2/05 (service requested) (sent to the judges Nov. 29/05) Sandra Buschau
2005-11-29 Supplemental factum, further to the Court's request at the hearing of the appeal (with CD Rom) (sent to the judges Nov. 30/05) Rogers Communications Incorporated
2005-11-22 Correspondence received from, Jennifer J. Lynch dated Nov. 22/05 re: does not intend to provide further written submissions requested at the hearing of the appeal (sent to the judges Nov. 29/05) National Trust Company
2005-11-15 Judgment reserved OR rendered with reasons to follow
2005-11-15 Acknowledgement and consent for video taping of proceedings, From all parties
2005-11-15 Hearing of the appeal, 2005-11-15, CJ Ba LeB De F Abe Cha
Judgment reserved
2005-11-14 Respondent's book of authorities, (SUPPLEMENTAL - 13 copies), Completed on: 2005-11-16 Sandra Buschau
2005-11-09 Correspondence received from, John N. Laxton, Q.C. dated Nov. 9/05 re: quotations in factum (sent to the Court on Nov. 10/05) Sandra Buschau
2005-11-02 Correspondence received, Gowlings re: the respondents does not consent to additional time.
2005-11-01 Correspondence received, from Ogilvy Renaud re: joint request for more time for oral arguments. c.c. to all parties - rec'd by fax - original rec'd Nov. 2/05
2005-11-01 Notice of appearance, Irwin G. Nathanson, Q.C. and Stephen R. Schachter, Q.C. will be present at the hearing. Rogers Communications Incorporated
2005-10-28 Notice of appearance, Jennifer Lynch and Joanne Lysyk will be present at the hearing. National Trust Company
2005-09-15 Order on motion for leave to intervene, (BY LEBEL J.)
2005-09-15 Decision on the motion for leave to intervene, LeB, UPON APPLICATIONS by Ronald Sutherland and John Scott and Hudson's Bay Company for leave to intervene in the above appeal;
AND HAVING READ the material filed and having found that the motions do not meet the test of Rule 57;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene are dismissed.
Dismissed
2005-09-15 Submission of motion for leave to intervene, LeB
2005-09-14 Notice of appearance, John N. Laxton, Q.C. and Robert D. Gibbens will be present at the hearing. Sandra Buschau
2005-09-01 Response to the motion for leave to intervene, (takes no position), Completed on: 2005-09-01 National Trust Company
2005-08-31 Order on motion to extend time, (BY DESCHAMPS J.)
2005-08-31 Decision on motion to extend time, De, UPON APPLICATION by the respondents for an order extending the time to serve and file their factum, record and book of authorities to August 12, 2005 and for an order permitting the respondents to present oral argument at the hearing of this appeal.
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2005-08-31 Submission of motion to extend time, De
2005-08-25 Correspondence received from, Sally Gomery dated Aug. 24/05 re: will not file a response(factum) in the appeal by National Trust Rogers Communications Incorporated
2005-08-24 Correspondence received from, Jennifer J. Lynch dated Aug. 23/05 re: does not intend to file a Respondent factum in appeal brought by Rogers Communications National Trust Company
2005-08-22 Reply to the motion for leave to intervene, (reply to Rogers' response) (bookform), Completed on: 2005-08-23 Ronald Sutherland and John Scott
2005-08-18 Response to the motion for leave to intervene, of Ronald Sutherland & John Scott, Completed on: 2005-08-18 Sandra Buschau
2005-08-17 Response to the motion for leave to intervene, of Ronald Sutherland & John Scott (bookform), Completed on: 2005-08-17 Rogers Communications Incorporated
2005-08-15 Notice of hearing sent to parties
2005-08-12 Response to motion to extend time, consent, Completed on: 2005-08-12 National Trust Company
2005-08-12 Response to motion to extend time, consent, Completed on: 2005-08-12 Rogers Communications Incorporated
2005-08-12 Appeal hearing scheduled, 2005-11-15
Judgment reserved
2005-08-11 Respondent's book of authorities, Completed on: 2005-08-11 Sandra Buschau
2005-08-11 Respondent's record, Completed on: 2005-08-11 Sandra Buschau
2005-08-11 Motion to extend time, extension for filing Respondent's documents to Aug 12/05., Completed on: 2005-08-11 Sandra Buschau
2005-08-11 Respondent's factum, CD rec'd Aug. 22/05 - Revised CD because of format rec'd Sept. 15/05, Completed on: 2005-08-11 Sandra Buschau
2005-08-11 Motion for leave to intervene, (book form), Completed on: 2005-08-11 Hudson's Bay Company
2005-08-10 Appeal perfected for hearing
2005-08-09 Motion for leave to intervene, (book form) (also affidavit of John Scott at Tab 3), Completed on: 2005-08-09 Ronald Sutherland and John Scott
2005-06-13 Appellant's book of authorities, Vol. I & II, Completed on: 2005-06-13 Rogers Communications Incorporated
2005-06-13 Appellant's record, (24 copies of Vol. I to III), Completed on: 2005-06-13 Rogers Communications Incorporated
2005-06-13 Appellant's factum, CD rec'd July 20/05, Completed on: 2005-06-13 Rogers Communications Incorporated
2005-06-09 Appellant's book of authorities, Completed on: 2005-06-09 National Trust Company
2005-06-09 Appellant's factum, CD ROM rec'd Aug. 3/05, Completed on: 2005-06-09 National Trust Company
2005-06-09 Appellant's record, vol. I & II, Completed on: 2005-06-09 National Trust Company
2005-03-18 Notice of appeal, Completed on: 2005-03-18 National Trust Company
2005-03-18 Notice of appeal, Completed on: 2005-03-18 Rogers Communications Incorporated
2005-03-07 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2005-02-18 Judgment on leave sent to the parties
2005-02-17 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), Number CA030787, dated May 18, 2004, are granted with costs to the applicants in any event of the cause.
Granted, with costs to the applicant(s) in any event of the cause
2005-01-10 All materials on application for leave submitted to the Judges, Ma F Abe
2004-09-20 Applicant's reply to respondent's argument, Completed on: 2004-09-20 National Trust Company
2004-09-15 Book of authorities Rogers Communications Incorporated
2004-09-15 Applicant's reply to respondent's argument, Completed on: 2004-09-15 Rogers Communications Incorporated
2004-09-13 Respondent's response on the application for leave to appeal, of National Trust Co., Completed on: 2004-09-13 Sandra Buschau
2004-09-07 Book of authorities Sandra Buschau
2004-09-07 Respondent's response on the application for leave to appeal, of Rogers Communications Inc., Completed on: 2004-09-07 Sandra Buschau
2004-08-27 Letter acknowledging receipt of a complete application for leave to appeal
2004-08-27 Letter acknowledging receipt of a complete application for leave to appeal
2004-08-19 Letter acknowledging receipt of an incomplete application for leave to appeal, SECOND APPLICATION
2004-08-19 Letter acknowledging receipt of an incomplete application for leave to appeal, FIRST APPLICATION
2004-08-16 Book of authorities, (SECOND APPLICATION) National Trust Company
2004-08-16 Application for leave to appeal, (SECOND APPLICATION) Signed Trial Court reasons requested - rec'd. le 26 août/04, Completed on: 2004-08-26 National Trust Company
2004-08-10 Book of authorities, (FIRST APPLICATION) Rogers Communications Incorporated
2004-08-10 Application for leave to appeal, (FIRST APPLICATION) Requested signed T/C Reasons - rec'd. Aug. 26/04, Completed on: 2004-08-26 Rogers Communications Incorporated