Docket
30755
Attorney General of Canada, et al. v. George Hislop, 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) |
|---|---|---|
| 2007-03-14 | Appeal closed | |
| 2007-03-02 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-03-02 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2007-03-01 | Judgment on the appeal rendered, CJ Ba Bi LeB De Abe Ro, The appeal and cross-appeal from the judgment of the Court of Appeal for Ontario, Number C41224, dated November 26, 2004, heard on May 16, 2006, are dismissed without costs. The constitutional questions are answered as follows: (see long) Dismissed, without costs |
|
| 2006-07-13 | Media lock-up request accepted | |
| 2006-07-13 | Media lock-up consent form received from, Roslyn Levine, dated July 13/06 | Attorney General of Canada |
| 2006-07-06 | Media lock-up consent form received from, Douglas Elliott, dated July 4/06 | George Hislop |
| 2006-06-28 | Media lock-up letter, consent form and undertaking sample sent to all parties | |
| 2006-06-28 | Media lock-up requested or proposed | |
| 2006-06-01 | Transcript received, (87 pages) | |
| 2006-05-16 | Judgment reserved OR rendered with reasons to follow | |
| 2006-05-16 | Respondent's condensed book, Submitted in Court (14 copies) | George Hislop |
| 2006-05-16 | Appellant's condensed book, Submitted in Court (14 copies) | Attorney General of Canada |
| 2006-05-16 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2006-05-16 | Hearing of the appeal, 2006-05-16, CJ Ba Bi LeB De Abe Ro Judgment reserved |
|
| 2006-05-03 | Notice of appearance, Janet Minor and Daniel Guttman will be present at the hearing. | Attorney General of Ontario |
| 2006-05-02 | Notice of appearance, Hugo Jean will be present at the hearing. | Attorney General of Quebec |
| 2006-04-28 | Notice of appearance, Cynthia Petersen will not be present at the hearing. | Egale Canada Inc. |
| 2006-04-27 | Notice of appearance, Nick Parker will be present at the hearing. | Attorney General of Alberta |
| 2006-04-25 | Order by, De, FURTHER TO THE ORDER of Deschamps J. dated February 28, 2006, granting leave to intervene to Egale Canada Inc.; IT IS HEREBY FURTHER ORDERED THAT the said intervener is not permitted to present oral argument at the hearing of the appeal. Dismissed |
|
| 2006-04-21 | Intervener's factum, (Missing service of AGOn - rec'd Apr. 26), Completed on: 2006-04-26 | Egale Canada Inc. |
| 2006-04-19 | Notice of appearance, J.J. Camp, Q.C., R. Douglas Elliott, Sharon D. Matthews, Patricia A. LeFebour, R. Trent Morris and Sean M. Grayson will be appearing. | George Hislop |
| 2006-04-05 | Notice of withdrawal | Attorney General of British Columbia |
| 2006-03-30 | Book of authorities, Completed on: 2006-03-30 | Attorney General of Ontario |
| 2006-03-30 | Intervener's factum - AG on constitutional question, Completed on: 2006-03-30 | Attorney General of Ontario |
| 2006-03-30 | Book of authorities, Completed on: 2006-03-30 | Attorney General of Alberta |
| 2006-03-30 | Intervener's factum - AG on constitutional question, Completed on: 2006-03-30 | Attorney General of Alberta |
| 2006-03-28 | Book of authorities, Completed on: 2006-03-28 | Attorney General of Quebec |
| 2006-03-28 | Intervener's factum - AG on constitutional question, (CD returned, not per our standards, rec'd Apr. 11/06), Completed on: 2006-04-11 | Attorney General of Quebec |
| 2006-03-22 | Notice of appearance, Roslyn J. Levine, Q.C. and Paul Vickery will be appearing. | Attorney General of Canada |
| 2006-03-14 | Respondent's book of authorities - cross appeal, (Vol. I to III), Completed on: 2006-03-14 | Attorney General of Canada |
| 2006-03-14 | Respondent's factum - cross appeal, (New CD rec'd Mar. 24/06)(2nd. notice, CD not in PDF - CD rec'd Apr. 10/06), Completed on: 2006-04-11 | Attorney General of Canada |
| 2006-03-10 | Notice of hearing sent to parties | |
| 2006-03-10 | Appeal hearing scheduled, 2006-05-16 Judgment reserved |
|
| 2006-03-01 | Letter sent to Intervener(s) | |
| 2006-02-28 | Order on motion for leave to intervene, (BY DESCHAMPS J.) | |
| 2006-02-28 | Decision on the motion for leave to intervene, De, The motion for an extension of time to apply for leave to intervene and for leave to intervene of the applicant, Egale Canada Inc., are granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The motion for leave to intervene of the applicant, the Estate of Ethel Vincent, is dismissed. The motion for leave to intervene of the applicant, Canadian Aids Society, is dismissed. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener 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) of the Rules of the Supreme Court of Canada the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by its intervention. Allowed in part |
|
| 2006-02-27 | Submission of motion for leave to intervene, De | |
| 2006-02-15 | Appellant's book of authorities - cross appeal, (included in the Respondent's Authorities - Vol. I to III), Completed on: 2006-02-15 | George Hislop |
| 2006-02-15 | Respondent's book of authorities, (Authorities on cross-appeal included - Vol. I to III), Completed on: 2006-02-15 | George Hislop |
| 2006-02-15 | Appellant's factum - cross appeal, (included in Respondent's factum), Completed on: 2006-02-15 | George Hislop |
| 2006-02-15 | Respondent's factum, (cross-appeal included), Completed on: 2006-02-15 | George Hislop |
| 2006-02-15 | Appeal perfected for hearing | |
| 2006-02-07 | Reply to the motion for leave to intervene, (Letter Form), (to the AGC response), Completed on: 2006-02-07 | Egale Canada Inc. |
| 2006-02-06 | Reply to the motion for leave to intervene, (Letter Form), (to AGC response), Completed on: 2006-02-06 | Canadian Aids Society |
| 2006-02-03 | Response to the motion for leave to intervene, (Letter Form), from Roslyn J. Levine, Q.C. dated Feb. 3/06 (by Egale), Completed on: 2006-02-03 | Attorney General of Canada |
| 2006-01-31 | Reply to the motion for leave to intervene, Completed on: 2006-01-31 | Estate of Ethel Vincent |
| 2006-01-30 | Response to the motion for leave to intervene, (by Can. Aids Society), Completed on: 2006-01-30 | Attorney General of Canada |
| 2006-01-30 | Response to the motion for leave to intervene, (Letter Form), from R. Douglas Elliott dated Jan. 30/06 (by Egale), Completed on: 2006-01-30 | George Hislop |
| 2006-01-27 | Response to the motion for leave to intervene, (by Can. Aids Society), Completed on: 2006-01-27 | George Hislop |
| 2006-01-26 | Response to the motion for leave to intervene, re: Estate of Ethel Vincent, Completed on: 2006-01-26 | Attorney General of Canada |
| 2006-01-26 | Response to the motion for leave to intervene, (by Estate of Ethel Vincent), Completed on: 2006-01-26 | George Hislop |
| 2006-01-24 | Order on motion to directions | |
| 2006-01-24 | Decision on motion for directions, Reg, THIS MOTION, made jointly by the Attorney General of Canada and George Hislop et al. ("Hislop") for an Order formalizing the parties' request to comply with the Supreme Court Rules, mutatis mutandis with one modification, as if the two appeals in this matter were an appeal and cross-appeal, for the purpose of remaining filing requirements and deadlines, was heard on this day. ON READING the parties' Notice of Motion for Directions and the Affidavit of Natalie Henein, sworn January 9, 2006, 1. THIS COURT ORDERS that the remaining steps in this matter proceed according to the Rules of the Supreme Court of Canada for an Appeal and Cross-appeal, mutatis mutandis, except where otherwise provided below. 2. THIS COURT ORDERS that the Attorney General of Canada shall comply with the Rules for an Appellant in an Appeal and Cross-Appeal and Hislop et al shall comply with the Rules for a Cross-Appellant for the preparation and filing of the remaining materials, and specifically: The Appellant, Hislop's Respondents' Record (if any) is due on January 18, 2006. Hislop will file a single factum due on February 15, 2006, containing his Response Factum to the Attorney General's Appeal Factum and his Appeal Factum pursuant to Rule 43(1) of the Rules of the Supreme Court of Canada. Hislop's Book of Authorities is due on February 15, 2006. The Attorney General of Canada's Response to Hislop's Appeal Factum is due on March 15, 2006. 5. THIS COURT ORDERS that there are no costs that arise from this joint Motion for Directions. Granted |
|
| 2006-01-24 | Submission of motion for directions, Reg | |
| 2006-01-24 | Motion for leave to intervene, (joint with an extension of time)(bookform), Completed on: 2006-01-25 | Egale Canada Inc. |
| 2006-01-19 | Motion for leave to intervene, book form, Incomplete | Canadian Aids Society |
| 2006-01-18 | Respondent's record, (Vol. 1 to 4 + 1 CD - Certificate signed on Jan. 20/06)), Completed on: 2006-01-20 | George Hislop |
| 2006-01-16 | Motion for leave to intervene, Completed on: 2006-01-19 | Estate of Ethel Vincent |
| 2006-01-10 | Motion for directions, for an order stating the parties, request to comply with the rules applicable to an appellant and a cross-appellant, Completed on: 2006-01-10 | Attorney General of Canada |
| 2006-01-03 | Correspondence received from, Ms. Levine dated Jan. 2/06 re : will file motion for directions to formalize the proposal to treat the two appeals as an appeal and cross-appeal. | Attorney General of Canada |
| 2005-12-29 | Correspondence received from, P. LeFebour re: will file their factum within 8 weeks of the AGC's factum with a motion for lengthy document. | George Hislop |
| 2005-12-21 | Appellant's book of authorities, (Vol. I to IV), Completed on: 2005-12-21 | Attorney General of Canada |
| 2005-12-21 | Appellant's factum, Completed on: 2005-12-21 | Attorney General of Canada |
| 2005-12-09 | Appellant's record, (Vol. 1 and 17), Completed on: 2005-12-09 | Attorney General of Canada |
| 2005-11-10 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 2005-11-10 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2005-11-09 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2005-11-09 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 2005-11-07 | Notice of suggestion of death, AMENDED of apellant/respondent George Hislop | |
| 2005-11-04 | Correspondence received from, R. Douglas Elliott dated Nov. 3/05 re: Mr. Hislop's death | George Hislop |
| 2005-11-02 | Notice of suggestion of death, of respondent/appellant George Hislop (see amended notice filed Nov. 7/05) | |
| 2005-10-14 | Correspondence received from, Douglas Elliott re: this letter advise the Court of the death of Mr. Hislop and instructions to continue the Appeal. cc. to AGC | George Hislop |
| 2005-10-12 | Notice of constitutional question(s) | George Hislop |
| 2005-10-06 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2005-10-06 | Decision on the motion to state a constitutional question, CJ, 1. Does s. 44(1.1) of the Canada Pension Plan, R.S.C. 1985, c. C-8, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? 3. Does s. 72(2) of the Canada Pension Plan, R.S.C. 1985, c. C-8, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms? 4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? 5. Does s. 60(2) of the Canada Pension Plan, R.S.C. 1985, c. C-8, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms? 6. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? 7. Does s. 72(1) of the Canada Pension Plan, R.S.C. 1985, c. C-8, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms? 8. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Granted |
|
| 2005-09-23 | Submission of motion to state a constitutional question, CJ | |
| 2005-09-09 | Reply to the motion to state a constitutional question, Completed on: 2005-09-09 | George Hislop |
| 2005-09-01 | Response to the motion to state a constitutional question, (bookform), Completed on: 2005-09-01 | Attorney General of Canada |
| 2005-08-30 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2005-08-23 | Motion to state a constitutional question, (bookform), Completed on: 2005-08-23 | George Hislop |
| 2005-08-23 | Notice of appeal, Completed on: 2005-08-23 | George Hislop |
| 2005-08-23 | Notice of appeal, Completed on: 2005-08-23 | Attorney General of Canada |
| 2005-06-24 | Judgment on leave sent to the parties | |
| 2005-06-23 | 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 Ontario, Number C41224, dated November 26, 2004, are granted with costs to follow the event. Granted, with costs |
|
| 2005-05-16 | All materials on application for leave submitted to the Judges, Ma F Abe | |
| 2005-03-07 | Applicant's reply to respondent's argument, (second application), Completed on: 2005-03-07 | George Hislop |
| 2005-02-24 | Respondent's response on the application for leave to appeal, (responding to the first application), Completed on: 2005-02-24 | George Hislop |
| 2005-02-24 | Respondent's response on the application for leave to appeal, (responding to the second application), Completed on: 2005-02-24 | Attorney General of Canada |
| 2005-02-14 | Letter acknowledging receipt of an incomplete application for leave to appeal, (Second application) | |
| 2005-02-14 | Letter acknowledging receipt of an incomplete application for leave to appeal, (First application) | |
| 2005-01-25 | Application for leave to appeal, (Second Application) - C/A Order not filed - judgment -internet copy provided - requested (Received Feb. 16, 2005). - Received April 6, 2005, Completed on: 2005-04-06 | George Hislop |
| 2005-01-25 | Application for leave to appeal, (First Application) C/A Order not available when filed- requested. - Received April 6, 2005, Completed on: 2005-04-06 | Attorney General of Canada |
- Date modified: