Docket

30909

Council of Canadians with Disabilities v. Via Rail Canada Inc.

(Federal Court) (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)
2007-05-03 Appeal closed
2007-03-26 Formal judgment sent to the registrar of the court of appeal and all parties
2007-03-26 Judgment on appeal and notice of deposit of judgment sent to all parties
2007-03-23 Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Federal Court of Appeal, Number A-238-04, 2005 FCA 79, dated March 2, 2005, heard on May 19, 2006, is allowed and the Agency's Decisions No. 175-AT-R-2003 and No. 620-AT-R-2003 are restored, with costs throughout. Binnie, Deschamps, Fish and Rothstein JJ. are dissenting.
Allowed, with costs
2006-06-08 Transcript received, (98 pages)
2006-05-19 Judgment reserved OR rendered with reasons to follow
2006-05-19 Acknowledgement and consent for video taping of proceedings
2006-05-19 Hearing of the appeal, 2006-05-19, CJ Ba Bi LeB De F Abe Cha Ro
Judgment reserved
2006-05-19 Respondent's condensed book, 14 copies - distributed in Court. Via Rail Canada Inc.
2006-05-19 Appellant's condensed book, 14 copies - distributed in Court. Council of Canadians with Disabilities
2006-05-17 Notice of appearance, Leslie Reaume and Philippe Dufresne will be present at the hearing. Canadian Human Rights Commission
2006-05-16 Notice of appearance, Counsel will not be appearing. Ontario Human Rights Commission
2006-05-12 Notice of appearance, Counsel will not be appearing. DisAbled Women's Network Canada
2006-05-12 Notice of appearance, Inge Green and Elizabeth Barker will be appearing. Canadian Transportation Agency
2006-05-12 Notice of appearance, David Baker and Sarah Godwin will be appearing. Council of Canadians with Disabilities
2006-05-10 Order by, Cha, FURTHER TO THE ORDER of Charron J. dated April 18, 2006, granting leave to intervene to the Transportation Action Now, Alliance for Equality of Blind Canadians, Canadian Association for Community Living and Canadian Hard of Hearing Association, by the Canadian Association of Independent Living Centres, by the DisAbled Women's Network Canada, by the Commission des droits de la personne et des droits de la jeunesse, by the Ontario Human Rights Commission, by the Manitoba Human Rights Commission and Saskatchewan Human Rights Commission and by the Canadian Human Rights Commission;
IT IS HEREBY FURTHER ORDERED THAT:
1) the intervener, Canadian Human Rights Commission is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.
2) the intervener, Canadian Transportation Agency, is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.
3) all other interveners shall not be permitted to present oral argument at the hearing of the appeal.
Allowed in part
2006-05-09 Correspondence received from, H. Schwartz re: confirming article included at Tab 1 of factum is now published and enclosing copy of the published version Ontario Human Rights Commission
2006-05-08 Appellant's record, Supplemental record (12 copies), Completed on: 2006-05-08 Council of Canadians with Disabilities
2006-05-08 Notice of appearance, David Baker and Sarah Goodwin will be appearing. Council of Canadians with Disabilities
2006-05-04 Book of authorities, (service done by fax and courier - proof of delivery requested), Completed on: 2006-05-10 Canadian Transportation Agency
2006-05-04 Intervener's factum, (affidavit of service done by fax and courier - proof of delivery requested) (CD rec'd May 8/06
- New CD rec'd May 16/06), Completed on: 2006-05-16
Canadian Transportation Agency
2006-05-03 Notice of appearance, John A. Campion, Robin P. Roddey, Annie M.K. Finn and Carole MacKaay will be appearing. Via Rail Canada Inc.
2006-05-01 Book of authorities, Completed on: 2006-05-01 Transportation Action Now (TAN), Alliance for Equality of Blind Canadians (AEBC), Canadian Association for Community Living (CACL) and Canadian Hard of Hearing Association (CHHA)
2006-05-01 Intervener's factum, (CD missing - Rec'd May 2, 2006), Completed on: 2006-05-02 Transportation Action Now (TAN), Alliance for Equality of Blind Canadians (AEBC), Canadian Association for Community Living (CACL) and Canadian Hard of Hearing Association (CHHA)
2006-05-01 Book of authorities, Served copy missing - Rec'd on May 5, 2006, Completed on: 2006-05-05 Manitoba Human Rights Commission and Saskatchewan Human Rights Commission
2006-05-01 Intervener's factum, Service on interveners missing - Rec'd on May 5, 2006, Completed on: 2006-05-05 Manitoba Human Rights Commission and Saskatchewan Human Rights Commission
2006-05-01 Intervener's factum, Missing service on interveners - Rec'd on May 5, 2006 - CD rec'd May 3/06 - New CD rec'd May 10/06, Completed on: 2006-05-10 Ontario Human Rights Commission
2006-05-01 Book of authorities, Completed on: 2006-05-01 DisAbled Women's Network Canada
2006-05-01 Intervener's factum, Completed on: 2006-05-01 DisAbled Women's Network Canada
2006-05-01 Book of authorities, (Vol. I and II), Completed on: 2006-05-01 Canadian Association of Independent Living Centres (CAILC)
2006-05-01 Intervener's factum, (nes CD rec'd May 10/06), Completed on: 2006-05-10 Canadian Association of Independent Living Centres (CAILC)
2006-05-01 Book of authorities, Completed on: 2006-05-01 Commission des droits de la personne et des droits de la jeunesse
2006-05-01 Intervener's factum, Completed on: 2006-05-01 Commission des droits de la personne et des droits de la jeunesse
2006-05-01 Book of authorities, Completed on: 2006-05-25 Canadian Human Rights Commission
2006-05-01 Intervener's factum, service on B&R, CTA and CD rec'd May 4/06, Completed on: 2006-05-04 Canadian Human Rights Commission
2006-04-28 Correspondence received from, Confirming agent Michelle Flaherty Council of Canadians with Disabilities
2006-04-21 Appellant's book of authorities, pursuant to rule 29(4), Completed on: 2006-04-21 Council of Canadians with Disabilities
2006-04-21 Reply factum on appeal, pursuant to Rule 29(4), Completed on: 2006-04-25 Council of Canadians with Disabilities
2006-04-20 Order on motion to add or substitute parties
2006-04-20 Decision on motion to add or substitute parties, -- to add the Canadian Transportation Agency as an intervener, Reg
Granted
2006-04-20 Submission of motion to add or substitute parties, Reg
2006-04-19 Letter sent to Intervener(s)
2006-04-18 Order on motion for leave to intervene, (BY CHARRON J.)
2006-04-18 Decision on the motion for leave to intervene, (revised May 9/06), Cha, The motion for leave to intervene of the applicant, the Transportation Action Now, Alliance for Equality of Blind Canadians, Canadian Association for Community Living and Canadian Hard of Hearing Association, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before May 1, 2006.
The motion for leave to intervene of the applicant, the Canadian Association of Independent Living Centres, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before May 1, 2006.
The motion for leave to intervene of the applicant, the DisAbled Women's Network Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before May 1, 2006.
The motion for leave to intervene of the applicant, the Commission des droits de la personne et des droits de la jeunesse, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before May 1, 2006.
The motion for leave to intervene of the applicant, the Ontario Human Rights Commission, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before May 1, 2006.
The motion for leave to intervene of the applicant, the Manitoba Human Rights Commission and Saskatchewan Human Rights Commission, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before May 1, 2006.
The motion for leave to intervene of the applicant, the Canadian Human Rights Commission, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before May 1, 2006.
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 appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention.
Granted
2006-04-18 Submission of motion for leave to intervene, Cha
2006-04-12 Response to motion to add or substitute parties, (Letter Form), from Lang Michener re: consent to add Canadian Transportation Agency as a party, Completed on: 2006-04-12 Via Rail Canada Inc.
2006-04-07 Respondent's book of authorities, Completed on: 2006-04-07 Via Rail Canada Inc.
2006-04-07 Correspondence received from, Lang Michener re: Rule 29(3) sent to the Court with the Respondent's factum (c.c. to all parties) Via Rail Canada Inc.
2006-04-07 Respondent's factum, (Rule 29(3) included at par. 47 and 48 - CD rec'd Apr. 11/06), Completed on: 2006-04-12 Via Rail Canada Inc.
2006-04-07 Appeal perfected for hearing
2006-04-03 Response to motion to add or substitute parties, (included in the motion), Completed on: 2006-04-03 Canadian Transportation Agency
2006-04-03 Motion to add or substitute parties, (to add Canadian Transportation Agency as an intervener) - book form, Completed on: 2006-04-07 Council of Canadians with Disabilities
2006-03-27 Reply to the motion for leave to intervene, Completed on: 2006-03-27 Transportation Action Now (TAN), Alliance for Equality of Blind Canadians (AEBC), Canadian Association for Community Living (CACL) and Canadian Hard of Hearing Association (CHHA)
2006-03-23 Reply to the motion for leave to intervene, (Letter Form), from M. Buckley dated March 23, 2006 (fax copy), Completed on: 2006-03-23 DisAbled Women's Network Canada
2006-03-20 Response to the motion for leave to intervene, (Letter Form), from J. Campion dated March 20, 2006 re: responding to seven interventions, Completed on: 2006-03-20 Via Rail Canada Inc.
2006-03-20 Response to the motion for leave to intervene, from D. Baker (fax copy) re: consent to all interveners but does not consent to the provision of the Appellant's materials to CAILC at no charge, Completed on: 2006-03-20 Council of Canadians with Disabilities
2006-03-10 Motion for leave to intervene, Completed on: 2006-03-16 Manitoba Human Rights Commission and Saskatchewan Human Rights Commission
2006-03-10 Notice of hearing sent to parties
2006-03-10 Motion for leave to intervene, book form, Completed on: 2006-03-10 Commission des droits de la personne et des droits de la jeunesse
2006-03-10 Motion for leave to intervene, book form, Completed on: 2006-03-10 DisAbled Women's Network Canada
2006-03-10 Motion for leave to intervene, book form, Completed on: 2006-03-16 Canadian Association of Independent Living Centres (CAILC)
2006-03-10 Appeal hearing scheduled, 2006-05-19
Judgment reserved
2006-03-09 Motion for leave to intervene, (book form), Completed on: 2006-03-09 Canadian Human Rights Commission
2006-03-09 Motion for leave to intervene, (book form), Completed on: 2006-03-09 Ontario Human Rights Commission
2006-03-08 Motion for leave to intervene, book form, Completed on: 2006-03-08 Transportation Action Now (TAN), Alliance for Equality of Blind Canadians (AEBC), Canadian Association for Community Living (CACL) and Canadian Hard of Hearing Association (CHHA)
2006-02-10 Appellant's record, (Vol. I to XXIV), Completed on: 2006-02-10 Council of Canadians with Disabilities
2006-02-10 Appellant's book of authorities, Vol. I and II, Completed on: 2006-02-10 Council of Canadians with Disabilities
2006-02-10 Appellant's factum, CD missing - rec'd Feb. 23/06 (page 40 added to factum and served on Feb. 17/06), Completed on: 2006-02-23 Council of Canadians with Disabilities
2005-12-19 Notice of appeal, Completed on: 2005-12-19 Council of Canadians with Disabilities
2005-11-22 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2005-11-18 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2005-11-18 Judgment on leave sent to the parties
2005-11-17 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-238-04, 2005 FCA 79, dated March 2, 2005, is granted with costs to the Applicant in any event of the cause.
Granted, with costs to the applicant(s) in any event of the cause
2005-10-11 All materials on application for leave submitted to the Judges, Ba LeB De
2005-06-06 Applicant's reply to respondent's argument, Completed on: 2005-06-06 Council of Canadians with Disabilities
2005-05-26 Respondent's response on the application for leave to appeal, Completed on: 2005-05-26 Via Rail Canada Inc.
2005-05-06 Letter acknowledging receipt of a complete application for leave to appeal
2005-05-06 Correspondence received from, (Letter Form), David Baker dated May 4, 2005. Re: No Publication Ban Council of Canadians with Disabilities
2005-05-02 Appeal Court record, 13 volumes and Supplementary book filed (3 copies)
2005-05-02 Book of authorities Council of Canadians with Disabilities
2005-05-02 Application for leave to appeal, Completed on: 2005-05-06 Council of Canadians with Disabilities