Docket
31324
Attorney General of British Columbia v. Dugald E. Christie
(British Columbia) (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) |
|---|---|---|
| 2007-07-10 | Record returned to the Registrar of the Court of Appeal | |
| 2007-05-30 | Appeal closed | |
| 2007-05-28 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-05-28 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2007-05-25 | Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA032731, 2005 BCCA 631, dated December 20, 2005, heard on March 21, 2007, is allowed and the cross-appeal is dismissed, without costs. Allowed, without costs |
|
| 2007-04-18 | Transcript received, (120 pages) | |
| 2007-03-21 | Judgment reserved OR rendered with reasons to follow | |
| 2007-03-21 | Acknowledgement and consent for video taping of proceedings | |
| 2007-03-21 | Respondent's condensed book, 14 copies - distributed in Court. | Dugald E. Christie |
| 2007-03-21 | Intervener's condensed book, 14 copies - distributed in Court. | Attorney General of Canada |
| 2007-03-21 | Appellant's condensed book, 14 copies - distributed in Court. | Attorney General of British Columbia |
| 2007-03-21 | Hearing of the appeal, 2007-03-21, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2007-03-13 | Notice of appearance, J.J. Camp, Q.C. and Melina Buckley will be appearing. | Canadian Bar Association |
| 2007-03-07 | Notice of appearance, George Copley, Q.C. and Jonathan Penner will be appearing. | Attorney General of British Columbia |
| 2007-03-06 | Notice of appearance, Josiah wood, Q.C. and Joanne R. Lysyk will be appearing. | Law Society of British Columbia |
| 2007-03-02 | Notice of appearance, David Jacyk and Graham Garton, Q.C. will be appearing. | Attorney General of Canada |
| 2007-03-01 | Notice of appearance, Darrell Roberts, Robin Bajer and Linda Nguyen will be present at the hearing. | Dugald E. Christie |
| 2007-02-22 | Notice of appearance, Gilles Laporte and Brigitte Bussières will be appearing. | Attorney General of Quebec |
| 2007-02-20 | Notice of appearance, Will not appear - written submissions only. | Attorney General of Prince Edward Island |
| 2007-02-15 | Notice of appearance, Janet Minor and Shannon Chace-Hall will be present at the hearing. | Attorney General of Ontario |
| 2007-01-30 | Order on motion to extend time | |
| 2007-01-30 | Decision on motion to extend time, to serve and file the intervener, Attorney General of Saskatchewan, factum and book of authorities to Jan. 26/07 and to present oral argument at the hearing of the appeal, Bi Granted |
|
| 2007-01-30 | Submission of motion to extend time, Bi | |
| 2007-01-29 | Response to motion to extend time, (Letter Form), from M.-F. Major of Lang, Michener dated January 29, 2007, Completed on: 2007-01-29 | Dugald E. Christie |
| 2007-01-29 | Response to motion to extend time, e-mail from Burke-Robertson dated Jan. 29/07 (by A.G. SK), Completed on: 2007-01-29 | Attorney General of British Columbia |
| 2007-01-26 | Motion to extend time, (to file factum and authorities), Completed on: 2007-01-29 | Attorney General of Saskatchewan |
| 2007-01-26 | Intervener's book of authorities, (Motion extension of time rec'd Jan. 26/07), Completed on: 2007-01-30 | Attorney General of Saskatchewan |
| 2007-01-26 | Intervener's factum - AG on constitutional question, (Motion extension of time rec'd Jan. 26/07), Completed on: 2007-01-30 | Attorney General of Saskatchewan |
| 2007-01-25 | Order on motion to extend time | |
| 2007-01-25 | Decision on motion to extend time, to serve and file the appellant's reply factum to the intervener's factum, the Canadian Bar Association, to Jan. 15/07, Ba Granted |
|
| 2007-01-24 | Submission of motion to extend time, Ba | |
| 2007-01-17 | Response to motion to extend time, (Letter Form), from M.-F. Major dated Jan. 17, 2007, Completed on: 2007-01-17 | Dugald E. Christie |
| 2007-01-17 | Notice of withdrawal, of intervention | Attorney General of Alberta |
| 2007-01-16 | Intervener's book of authorities, Completed on: 2007-01-16 | Attorney General of Ontario |
| 2007-01-16 | Intervener's factum - AG on constitutional question, Completed on: 2007-01-16 | Attorney General of Ontario |
| 2007-01-16 | Motion to extend time, to file the appellant's reply to Jan. 15/07, Completed on: 2007-01-16 | Attorney General of British Columbia |
| 2007-01-15 | Intervener's book of authorities, Completed on: 2007-01-15 | Attorney General of Quebec |
| 2007-01-15 | Intervener's factum - AG on constitutional question, Completed on: 2007-01-15 | Attorney General of Quebec |
| 2007-01-15 | Reply factum on appeal, (see order of Nov. 9/06), Completed on: 2007-01-15 | Attorney General of British Columbia |
| 2007-01-12 | Intervener's book of authorities, Completed on: 2007-01-12 | Attorney General of Prince Edward Island |
| 2007-01-12 | Intervener's factum - AG on constitutional question, (CD rec'd Jan. 15/07), Completed on: 2007-01-12 | Attorney General of Prince Edward Island |
| 2007-01-09 | Intervener's book of authorities, Completed on: 2007-01-09 | Attorney General of Manitoba |
| 2007-01-09 | Intervener's factum - AG on constitutional question, Completed on: 2007-01-09 | Attorney General of Manitoba |
| 2007-01-05 | Order by, Ba, FURTHER TO THE ORDER of Bastarache J. dated November 9, 2006, granting leave to intervene to the Canadian Bar Association and the Law Society of British Columbia; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2006-12-28 | Intervener's book of authorities, Vol. I & II, Completed on: 2006-12-28 | Canadian Bar Association |
| 2006-12-28 | Intervener's factum, Completed on: 2006-12-28 | Canadian Bar Association |
| 2006-12-21 | Intervener's book of authorities, Completed on: 2006-12-21 | Law Society of British Columbia |
| 2006-12-21 | Intervener's factum, Completed on: 2006-12-21 | Law Society of British Columbia |
| 2006-12-08 | Intervener's book of authorities, Completed on: 2006-12-08 | Attorney General of New Brunswick |
| 2006-12-08 | Intervener's factum - AG on constitutional question, Completed on: 2006-12-08 | Attorney General of New Brunswick |
| 2006-12-06 | Intervener's book of authorities, Completed on: 2006-12-06 | Attorney General of Canada |
| 2006-12-06 | Intervener's factum - AG on constitutional question, Completed on: 2006-12-06 | Attorney General of Canada |
| 2006-11-28 | Respondent's book of authorities - cross appeal, Completed on: 2006-11-28 | Attorney General of British Columbia |
| 2006-11-28 | Respondent's factum - cross appeal, (CD rec'd Dec. 7/06), Completed on: 2006-12-08 | Attorney General of British Columbia |
| 2006-11-27 | Order on motion to adduce new evidence | |
| 2006-11-27 | Decision on motion to adduce new evidence, the Affidavit of Robin D. Bajer #2 sworn November 6, 2006, and the attached Exhibits "B" through "G" be adduced as new evidence, Ba Granted |
|
| 2006-11-24 | Submission of motion to adduce new evidence, Ba | |
| 2006-11-23 | Reply to motion to adduce new evidence, Completed on: 2006-11-23 | Dugald E. Christie |
| 2006-11-20 | Response to the motion to adduce new evidence, (oppose), Completed on: 2006-11-20 | Attorney General of British Columbia |
| 2006-11-16 | Notice of hearing sent to parties | |
| 2006-11-15 | Appeal perfected for hearing | |
| 2006-11-15 | Appeal hearing scheduled, 2007-03-21, (previously Mar. 20 and Feb. 13/07) Judgment reserved |
|
| 2006-11-14 | Respondent's book of authorities, (Vol. I and II), Completed on: 2006-11-14 | Dugald E. Christie |
| 2006-11-14 | Respondent's record, Completed on: 2006-11-14 | Dugald E. Christie |
| 2006-11-14 | Appellant's factum - cross appeal, (included in the respondent's factum), Completed on: 2006-11-14 | Dugald E. Christie |
| 2006-11-14 | Respondent's factum, (cross-appeal included), Completed on: 2006-11-14 | Dugald E. Christie |
| 2006-11-14 | Letter sent to Intervener(s) | |
| 2006-11-10 | Motion to adduce new evidence, the affidavit #2 of Robin D. Bajer sworn Nov. 6/06, Completed on: 2006-11-10 | Dugald E. Christie |
| 2006-11-09 | Order on motion for leave to intervene, (BY BASTARACHE J.) | |
| 2006-11-09 | Decision on the motion for leave to intervene, Ba, The motion for leave to intervene of the applicant, the Canadian Bar Association, is 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 Law Society of British Columbia, is 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 Stanley J. Tessmer Law Corporation, is dismissed. 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. IT IS HEREBY FURTHER ORDERED THAT the appellant is granted leave to serve and file a reply factum to the intervener Canadian Bar Association's factum, not to exceed 5 pages in length within 10 days of the service of said factum. Granted |
|
| 2006-11-09 | Submission of motion for leave to intervene, Ba | |
| 2006-11-02 | Reply to the motion for leave to intervene, (Letter Form), from S. Tessmer dated November 2, 2006 (fax copy), Completed on: 2006-11-02 | Stanley J. Tessmer Law Corporation |
| 2006-10-30 | Response to the motion for leave to intervene, (Letter Form), from Robin D. Bajer dated Oct. 30/06 (to all interveners), Completed on: 2006-10-30 | Dugald E. Christie |
| 2006-10-26 | Response to the motion for leave to intervene, (Letter Form), from David Jacyk dated Oct. 26/06 (to S.J. Tessmer Law Corp.), Completed on: 2006-10-26 | Attorney General of Canada |
| 2006-10-23 | Response to the motion for leave to intervene, of the Canadian Bar Association, Completed on: 2006-10-23 | Attorney General of British Columbia |
| 2006-10-18 | Motion for leave to intervene, from Blake Cassels & Graydon, Completed on: 2006-10-18 | Law Society of British Columbia |
| 2006-10-17 | Motion for leave to intervene, (cheque for $85.00 returned to application - new cheque for $50.00 requested - rec'd Oct. 27/06), Completed on: 2006-10-27 | Stanley J. Tessmer Law Corporation |
| 2006-10-11 | Motion for leave to intervene, Completed on: 2006-10-13 | Canadian Bar Association |
| 2006-09-20 | Book of authorities, 17 volumes (Vol. 1 to 3), Completed on: 2006-09-20 | Attorney General of British Columbia |
| 2006-09-20 | Appellant's record, (Vol. 1 & 2) 13 volumes of vol. 2, Completed on: 2006-09-20 | Attorney General of British Columbia |
| 2006-09-20 | Appellant's factum, Completed on: 2006-09-20 | Attorney General of British Columbia |
| 2006-08-30 | Order on miscellaneous motion | |
| 2006-08-30 | Decision on miscellaneous motion, by the respondent to file a Notice of Suggestion of Death and for proceedings to be continued at the suit of the legal representative as the respondent (appellant by cross-appeal), Abe Granted |
|
| 2006-08-29 | Submission of miscellaneous motion, Abe | |
| 2006-08-29 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 2006-08-29 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2006-08-28 | Notice of intervention respecting a constitutional question | Attorney General of Prince Edward Island |
| 2006-08-28 | Notice of intervention respecting a constitutional question | Attorney General of Saskatchewan |
| 2006-08-28 | Notice of intervention respecting a constitutional question | Attorney General of New Brunswick |
| 2006-08-28 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 2006-08-23 | Notice of intervention respecting a constitutional question | Attorney General of Manitoba |
| 2006-08-21 | Notice of suggestion of death, of the respondent/appellant on cross-appeal | |
| 2006-08-21 | Notice of miscellaneous motion, to file a notice of suggestion of death, Completed on: 2006-08-21 | Dugald E. Christie |
| 2006-08-21 | Correspondence received from, Robert E. Houston, Q.C. dated Aug. 17/06 re: appellant wishes to proceed with the appeal further to Mr. Christie's death | Attorney General of British Columbia |
| 2006-07-21 | Notice of constitutional question(s), (notices to be filed by August 29/06) | Dugald E. Christie |
| 2006-07-20 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2006-07-13 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (Revised) | |
| 2006-07-05 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2006-07-05 | Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the respondent / appellant by cross-appeal for an order stating constitutional questions in the above appeal; AND THE MATERIAL having been read; IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTION BE STATED AS FOLLOW: Is the Social Service Tax Amendment Act (No. 2), 1993, S.B.C. 1993, c. 24,unconstitutional on the basis that it infringes a right of access to justice and thereby offends the rule of law? Granted |
|
| 2006-06-28 | Submission of motion to state a constitutional question, CJ | |
| 2006-06-15 | Correspondence received from, D. Nygard dated June 15, 2006 (fax copy) re: pursuant to the order dated May 18, 2006, the A.G. Canada will intervene in this matter | Attorney General of Canada |
| 2006-06-13 | Appeal court record, (1 large envelope) | |
| 2006-06-08 | Response to the motion to state a constitutional question, (Letter Form), from Jonathan Penner dated June 6/06 (joint with the affidavit of Robin D. Bajer), Completed on: 2006-06-08 | Attorney General of British Columbia |
| 2006-06-08 | Motion to state a constitutional question, ($50.00 rec'd June 20/06), Completed on: 2006-06-20 | Dugald E. Christie |
| 2006-06-06 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2006-06-01 | Notice of appeal, Completed on: 2006-06-01 | Attorney General of British Columbia |
| 2006-05-31 | Correspondence received from, J. Penner dated May 31, 2006 and addressed to Vancouver C.A. (fax copy) re: requesting that C.A. file be sent to the SCC | Attorney General of British Columbia |
| 2006-05-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-05-19 | Judgment on leave sent to the parties | |
| 2006-05-18 | Judgment of the Court on the application for leave to appeal, The application for leave to cross-appeal is granted with costs in any event of the cause and the application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA032731, 2006 BCCA 59, dated February 10, 2006 is granted. The Attorney General of Canada is removed as a party with leave to intervene on the appeal. Granted |
|
| 2006-05-18 | Judgment of the Court on the application for leave to cross-appeal Granted, with costs to the applicant(s) in any event of the cause |
|
| 2006-04-18 | All materials on application for leave submitted to the Judges, Bi De Abe | |
| 2006-04-18 | All material on the application for leave to cross-appeal submitted to the Judges, Bi De Abe | |
| 2006-04-12 | Memorandum of argument in response to the cross-appeal, (Letter Form), from Donnaree Nygard dated Apr. 12/06 re: supports the response to cross-appeal by A.G. of B.C., Completed on: 2006-04-12 | Attorney General of Canada |
| 2006-04-10 | Reply to the memorandum in response to the argument on cross-appeal, Completed on: 2006-04-10 | Dugald E. Christie |
| 2006-04-10 | Correspondence received from, Mr. Copley by e-mail dated Apr. 10/06 re: takes no position with respect to A.G. Can. as respondent | Attorney General of British Columbia |
| 2006-03-31 | Memorandum of argument in response to the cross-appeal, Included in applicant's reply, Completed on: 2006-03-30 | Attorney General of British Columbia |
| 2006-03-31 | Applicant's reply to respondent's argument, Included in the response to cross-appeal, Completed on: 2006-03-31 | Attorney General of British Columbia |
| 2006-03-17 | Application for leave to cross-appeal, Included in the Response, Completed on: 2006-03-17 | Dugald E. Christie |
| 2006-03-17 | Respondent's response on the application for leave to appeal, Joint with cross-appeal (N.B. A.G. Canada be removed as party to the proceeding in the order requested), Completed on: 2006-03-17 | Dugald E. Christie |
| 2006-03-09 | Respondent's response on the application for leave to appeal, (Letter Form), Received from Elizabeth McDonald dated March 9, 2006., Completed on: 2006-03-09 | Attorney General of Canada |
| 2006-02-15 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2006-02-14 | Application for leave to appeal, C/A Order missing - Rec'd March 1, 2006, Completed on: 2006-03-01 | Attorney General of British Columbia |
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