Docket

31739

Honda Canada Inc. operating as Honda of Canada Mfg. v. Kevin Keays

(Ontario) (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)
2009-02-25 Appeal closed
2009-02-24 Certificate of taxation issued to, Earl A. Cherniak
2009-02-24 Certificate of taxation issued to, Earl A. Cherniak
2009-02-24 Certificate of taxation issued to, Hugh R. Scher
2009-02-18 Decision on the bill of costs, (Cross-Appeal)-in the amount of $8,603.15, DeRg
2009-02-18 Decision on the bill of costs, (Appeal)-in the amount of $27,575.89, DeRg
2009-02-18 Decision on the bill of costs, in the amount of $2,997.11, DeRg
2009-01-30 Submission of the bill of costs, (Cross-Appeal), DeRg
2009-01-30 Submission of the bill of costs, (Appeal), DeRg
2009-01-30 Submission of the bill of costs, DeRg
2009-01-07 Bill of costs, Completed on: 2009-01-13 Kevin Keays
2008-11-07 Response to the bill of costs, (letter sent to Mr. Scher Nov. 7/08), Completed on: 2008-11-07 Honda Canada Inc. operating as Honda of Canada Mfg.
2008-08-28 Bill of costs, on cross-appeal, Completed on: 2008-08-28 Honda Canada Inc. operating as Honda of Canada Mfg.
2008-08-28 Bill of costs, Completed on: 2008-11-05 Honda Canada Inc. operating as Honda of Canada Mfg.
2008-06-30 Formal judgment sent to the registrar of the court of appeal and all parties
2008-06-30 Judgment on appeal and notice of deposit of judgment sent to all parties
2008-06-27 Judgment on the cross-appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal for Ontario, Number C43398, dated September 29, 2006, heard on February 20, 2008, is allowed in part, LeBel and Fish JJ. dissenting in part. The cross-appeal is dismissed. The damages for conduct in dismissal and punitive damages awards are set aside. Costs on this appeal and cross-appeal are awarded to the appellant. At other levels, costs should be at a partial indemnity scale and the cost premium set aside.
Dismissed, with costs
2008-06-27 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 Ontario, Number C43398, dated September 29, 2006, heard on February 20, 2008, is allowed in part, LeBel and Fish JJ. dissenting in part. The cross-appeal is dismissed. The damages for conduct in dismissal and punitive damages awards are set aside. Costs on this appeal and cross-appeal are awarded to the appellant. At other levels, costs should be at a partial indemnity scale and the cost premium set aside.
Allowed in part, with costs
2008-03-06 Transcript received, (112 pages)
2008-02-20 Judgment reserved OR rendered with reasons to follow
2008-02-20 Intervener's condensed book, submitted in Court (14 copies) Women's Legal Education and Action Fund
2008-02-20 Other condensed book, (Summary of Evidence), submitted in Court (14 copies) Kevin Keays
2008-02-20 Other condensed book, (Authorities), submitted in Court (14 copies) Kevin Keays
2008-02-20 Respondent's condensed book, submitted in Court (2 volumes) (14 copies) Kevin Keays
2008-02-20 Intervener's condensed book, submitted in Court (14 copies) Human Resources Professionals Association of Ontario
2008-02-20 Intervener's condensed book, submitted in Court (14 copies) Alliance of Manufacturers & Exporters Canada
2008-02-20 Appellant's condensed book, submitted in Court (14 copies) Honda Canada Inc. operating as Honda of Canada Mfg.
2008-02-20 Acknowledgement and consent for video taping of proceedings, from all parties
2008-02-20 Hearing of the appeal, 2008-02-20, CJ Ba Bi LeB De F Abe Cha Ro
Judgment reserved
2008-02-15 Supplemental document, (Supplemental Book of Authorities), Completed on: 2008-02-15 Honda Canada Inc. operating as Honda of Canada Mfg.
2008-02-14 Correspondence received from, Hugh R. Scher (dated Feb. 14/08), re.: draft counsel sheet Kevin Keays
2008-02-12 Correspondence received from, Stuart E. Rudner (dated Feb.12/08), re. future correspondence in this matter to be sent to his attention Human Resources Professionals Association of Ontario
2008-02-12 Correspondence received from, Hugh R. Scher (dated Feb. 12/08), re.: request permission to visit the Courtroom before hearing Kevin Keays
2008-02-11 Correspondence received from, Hugh R. Scher (dated Feb.11/08), re.: D. Dagher is no longer with the firm Scher & De Angelis Kevin Keays
2008-02-11 Notice of appearance, Hugh R. Scher will be present at the hearing Kevin Keays
2008-02-11 Notice of appearance, Philippe Dufresne will be present at the hearing Canadian Human Rights Commission
2008-02-08 Notice of appearance, Earl A. Cherniak, Q.C., Jasmine T. Akbarali & Roslynn J. Kogan will be present at the hearing Honda Canada Inc. operating as Honda of Canada Mfg.
2008-02-06 Notice of appearance, George Avraam and Mark Mendl will be present at the hearing. Alliance of Manufacturers & Exporters Canada
2008-02-06 Notice of appearance, Stuart Rudner and Stephen Rotstein will be present at the hearing. Human Resources Professionals Association of Ontario
2008-02-05 Notice of appearance, Susan Ursel and Kim Bernhardt will be present at the hearing Women's Legal Education and Action Fund
2008-01-29 Notice of appearance, Anthony Griffin will be present at the hearing. Ontario Human Rights Commission
2008-01-29 Notice of appearance, Chris Paliare and Andrew Lokan will be present at the hearing. National ME/FM Action Network
2008-01-29 Notice of appearance, Sarah Lugtig will be present at the hearing. Manitoba Human Rights Commission
2008-01-29 Notice of appearance, Debra McAllister and Ivana Petricone will be present at the hearing. Ontario Network of Injured Workers' Groups
2008-01-22 Notice of appearance, Frances Kelly and Gwen Brodsky will be present at the hearing. Council of Canadians with Disabilities
2008-01-15 Order by, Ro, FURTHER TO THE ORDER dated October 31, 2007, in which Rothstein J. granted leave to intervene to Council of Canadians with Disabilities, Human Resources Professionals Association of Ontario, Ontario Human Rights Commission, Ontario Network of Injured Workers' Groups, Canadian Human Rights Commission, Women's Legal Education and Action Fund, Manitoba Human Rights Commission and National ME/FM Action Network and Alliance of Manufacturers and Exporters Canada;
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2008-01-14 Intervener's book of authorities, Completed on: 2008-01-14 National ME/FM Action Network
2008-01-14 Intervener's factum, (CD re'd Jan. 15/08), Completed on: 2008-01-16 National ME/FM Action Network
2008-01-14 Intervener's book of authorities, Completed on: 2008-01-14 Manitoba Human Rights Commission
2008-01-14 Intervener's factum, (CD rec'd Jan. 15/08), Completed on: 2008-01-16 Manitoba Human Rights Commission
2008-01-14 Intervener's book of authorities, Completed on: 2008-01-14 Canadian Human Rights Commission
2008-01-14 Intervener's factum, CD rec'd Feb. 8/08, Completed on: 2008-02-11 Canadian Human Rights Commission
2008-01-11 Intervener's book of authorities, Completed on: 2008-01-11 Ontario Human Rights Commission
2008-01-11 Intervener's factum, Completed on: 2008-01-21 Ontario Human Rights Commission
2008-01-11 Intervener's book of authorities, Completed on: 2008-01-11 Women's Legal Education and Action Fund
2008-01-11 Intervener's factum, Completed on: 2008-01-11 Women's Legal Education and Action Fund
2008-01-11 Intervener's book of authorities, Completed on: 2008-01-11 Council of Canadians with Disabilities
2008-01-11 Intervener's factum, Completed on: 2008-01-11 Council of Canadians with Disabilities
2008-01-08 Intervener's book of authorities, Completed on: 2008-01-08 Alliance of Manufacturers & Exporters Canada
2008-01-08 Intervener's factum, Completed on: 2008-01-08 Alliance of Manufacturers & Exporters Canada
2008-01-08 Intervener's book of authorities, Completed on: 2008-01-08 Ontario Network of Injured Workers' Groups
2008-01-08 Intervener's factum, Completed on: 2008-01-08 Ontario Network of Injured Workers' Groups
2007-12-21 Intervener's book of authorities, Completed on: 2007-12-21 Human Resources Professionals Association of Ontario
2007-12-21 Intervener's factum, Completed on: 2007-12-21 Human Resources Professionals Association of Ontario
2007-12-05 Notice of hearing sent to parties
2007-12-05 Appeal hearing scheduled, 2008-02-20
Judgment reserved
2007-10-31 Order on motion for leave to intervene, (BY ROTHSTEIN J.)
2007-10-31 Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by Council of Canadians with Disabilities, Human Resources Professionals Association of Ontario, Ontario Human Rights Commission, Ontario Network of Injured Workers' Groups, Canadian Human Rights Commission, Women’s Legal Education and Action Fund, Manitoba Human Rights Commission and National ME/FM Action Network for leave to intervene in the above appeal;
AND UPON APPLICATION by Alliance of Manufacturers and Exporters Canada to extend the time to apply for leave to intervene and for leave to intervene in the above appeal;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the applicants, Council of Canadians with Disabilities, Human Resources Professionals Association of Ontario, Ontario Human Rights Commission, Ontario Network of Injured Workers' Groups, Canadian Human Rights Commission, Women's Legal Education and Action Fund, Manitoba Human Rights Commission and National ME/FM Action Network are granted and the applicants shall be entitled to serve and file a factum not to exceed 10 pages in length.
The motion for an extension of time and for leave to intervene of the applicant, Alliance of Manufacturers and Exporters Canada is granted the applicant shall be entitled to serve and file a factum not to exceed 10 pages in length.
To the extent that the interests are similar, interveners shall consult to avoid repetition.
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) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention.
Granted
2007-10-31 Submission of motion for leave to intervene, Ro
2007-10-16 Order on motion to extend time
2007-10-16 Decision on motion to extend time, to serve and file the respondent's factum, record and book of authorities on appeal and cross-appeal to Oct. 5/07; and to present oral argument at the hearing of the appeal, Cha
Granted
2007-10-15 Respondent's book of authorities - cross appeal, Completed on: 2007-10-17 Honda Canada Inc. operating as Honda of Canada Mfg.
2007-10-15 Respondent's record - cross appeal Honda Canada Inc. operating as Honda of Canada Mfg.
2007-10-15 Respondent's factum - cross appeal, Completed on: 2007-10-15 Honda Canada Inc. operating as Honda of Canada Mfg.
2007-10-15 Submission of motion to extend time, Cha
2007-10-05 Appellant's book of authorities - cross appeal, (joint with Respondent's Authorities), Completed on: 2007-10-05 Kevin Keays
2007-10-05 Appellant's record - cross appeal, (joint with Respondent's Records) Kevin Keays
2007-10-05 Appellant's factum - cross appeal, (joint with Respondent's factum), Completed on: 2007-10-05 Kevin Keays
2007-10-05 Supplemental document, (Respondent supplemental authorities - proof of delivery rec'd Oct. 16/07), Completed on: 2007-10-17 Kevin Keays
2007-10-05 Respondent's book of authorities, (Vol. I to iV - proof of delivery rec'd Oct. 16/07), Completed on: 2007-10-17 Kevin Keays
2007-10-05 Respondent's record, (Vol. I to IV - proof of delivery rec'd Oct. 16/07), Completed on: 2007-10-17 Kevin Keays
2007-10-05 Respondent's factum, (proof of delivery rec'd Oct. 16/07 - new CD rec'd Oct. 29/07), Completed on: 2007-10-31 Kevin Keays
2007-10-05 Motion to extend time, to file the respondent's factum, record and book of authorities to Oct. 5/07 and to present oral argument, Completed on: 2007-10-09 Kevin Keays
2007-09-21 Appeal perfected for hearing
2007-09-11 Response to the motion for leave to intervene, (Letter Form), and extension of time from E. A. Cherniak, Q.C. dated Sept. 11/07 (by fax), Completed on: 2007-09-11 Honda Canada Inc. operating as Honda of Canada Mfg.
2007-09-10 Motion for leave to intervene, (joint with motion to extend time), Completed on: 2007-09-10 Alliance of Manufacturers & Exporters Canada
2007-09-04 Reply to the motion for leave to intervene, (Letter Form), from Susan Ursel, by fax, dated Sept. 4/07, Original with service rec'd Sept. 5/07, Completed on: 2007-09-05 Women's Legal Education and Action Fund
2007-09-04 Reply to the motion for leave to intervene, (Letter Form), from Frances Kelly dated Aug. 31/07, Completed on: 2007-09-04 Council of Canadians with Disabilities
2007-09-04 Reply to the motion for leave to intervene, (bookform), Completed on: 2007-09-04 Ontario Network of Injured Workers' Groups
2007-08-31 Reply to the motion for leave to intervene, (Letter Form), from Sarah Lugtig dated Aug. 31/07, Completed on: 2007-08-31 Manitoba Human Rights Commission
2007-08-31 Reply to the motion for leave to intervene, (Letter Form), from Anthony D. Griffin dated Aug. 31/07, Completed on: 2007-08-31 Ontario Human Rights Commission
2007-08-31 Reply to the motion for leave to intervene, (Letter Form), from Philippe Dufresne dated Aug. 31/07, Completed on: 2007-08-31 Canadian Human Rights Commission
2007-08-30 Response to the motion for leave to intervene, (by all interveners), Completed on: 2007-08-30 Kevin Keays
2007-08-30 Reply to the motion for leave to intervene, (Letter Form), (by fax) dated Aug. 30/07 from A. Lokan, Completed on: 2007-08-30 National ME/FM Action Network
2007-08-28 Response to the motion for leave to intervene, (Letter Form), (rec'd by fax - original rec'd Aug. 29/07 - response to all interveners - various position), Completed on: 2007-08-28 Honda Canada Inc. operating as Honda of Canada Mfg.
2007-08-21 Correspondence received from, Earl A. Cherniak, Q.C. dated Aug. 21/07 re: will file a response to all interventions by Aug. 30/07 Honda Canada Inc. operating as Honda of Canada Mfg.
2007-08-20 Motion for leave to intervene, Completed on: 2007-08-20 National ME/FM Action Network
2007-08-20 Motion for leave to intervene, Completed on: 2007-08-20 Manitoba Human Rights Commission
2007-08-20 Response to the motion for leave to intervene, (Letter Form), (of the Council for Canadians with Disabilities - cc. to parties), Completed on: 2007-08-20 Kevin Keays
2007-08-20 Motion for leave to intervene, Completed on: 2007-08-20 Canadian Human Rights Commission
2007-08-20 Motion for leave to intervene, Completed on: 2007-08-20 Women's Legal Education and Action Fund
2007-08-17 Motion for leave to intervene, Completed on: 2007-08-17 Ontario Network of Injured Workers' Groups
2007-08-17 Motion for leave to intervene, Completed on: 2007-08-17 Ontario Human Rights Commission
2007-08-17 Motion for leave to intervene, Completed on: 2007-08-17 Human Resources Professionals Association of Ontario
2007-08-14 Motion for leave to intervene, Book form, Completed on: 2007-08-14 Council of Canadians with Disabilities
2007-07-24 Appellant's book of authorities, (2 volumes), Completed on: 2007-07-24 Honda Canada Inc. operating as Honda of Canada Mfg.
2007-07-23 Appellant's record, (4 volumes), Completed on: 2007-07-23 Honda Canada Inc. operating as Honda of Canada Mfg.
2007-07-23 Appellant's factum, CD returned (rec'd July 31/07), Completed on: 2007-07-31 Honda Canada Inc. operating as Honda of Canada Mfg.
2007-04-30 Notice of cross appeal, Completed on: 2007-04-30 Kevin Keays
2007-04-30 Notice of appeal, Completed on: 2007-04-30 Honda Canada Inc. operating as Honda of Canada Mfg.
2007-04-18 Notice of change of counsel, from D. Dooley @ Purser, to E. Cherniak @ Lerners Honda Canada Inc. operating as Honda of Canada Mfg.
2007-04-18 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2007-03-30 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2007-03-30 Judgment on leave sent to the parties
2007-03-29 Judgment of the Court on the application for leave to appeal, The motion for leave to intervene by the Ontario Human Rights Commission is dismissed without costs. The applications for leave to appeal and for leave to cross-appeal from the judgment of the Court of Appeal for Ontario, Number C43398, dated September 29, 2006, are granted with costs in any event of the cause.
Granted, with costs to the applicant(s) in any event of the cause
2007-03-29 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
2007-03-29 Decision on motion for leave to intervene
Dismissed, without costs
2007-02-26 Submission of motion for leave to intervene, CJ Cha Ro
2007-02-26 All materials on application for leave submitted to the Judges, CJ Cha Ro
2007-02-26 All material on the application for leave to cross-appeal submitted to the Judges, CJ Cha Ro
2007-02-19 Order on miscellaneous motion
2007-02-19 Decision on the miscellaneous motion, for an order permitting the applicant leave to serve and file a reply to the response of the intervener, Ontario Human Rights Commission, Reg
Granted
2007-02-16 Submission of miscellaneous motion, Reg
2007-02-12 Applicant's reply to respondent's argument, included in response to cross-appeal, Completed on: 2007-02-12 Honda Canada Inc. operating as Honda of Canada Mfg.
2007-02-12 Memorandum of argument in response to the cross-appeal, reply to the response included, Completed on: 2007-02-12 Honda Canada Inc. operating as Honda of Canada Mfg.
2007-02-12 Reply to miscellaneous motion, (Letter Form), Completed on: 2007-02-12 Honda Canada Inc. operating as Honda of Canada Mfg.
2007-02-05 Correspondence received from, Mr. Jeffrey Beedell (Official CA Order) Honda Canada Inc. operating as Honda of Canada Mfg.
2007-01-23 Correspondence received from, Jeffrey Beedell (re: Draft CA Order) Honda Canada Inc. operating as Honda of Canada Mfg.
2007-01-18 Response to miscellaneous motion, e-mail from Gowlings dated Jan. 18/07, Completed on: 2007-01-18 Ontario Human Rights Commission
2007-01-17 Notice of miscellaneous motion, to file a reply to the intervener's response (book form0, Completed on: 2007-01-18 Honda Canada Inc. operating as Honda of Canada Mfg.
2007-01-17 Applicant's reply to respondent's argument, Reply to the Intervener, Completed on: 2007-01-17 Honda Canada Inc. operating as Honda of Canada Mfg.
2007-01-10 Book of authorities, (2 volumes) Kevin Keays
2007-01-10 Application for leave to cross-appeal, included in response, Completed on: 2007-01-12 Kevin Keays
2007-01-10 Respondent's response on the application for leave to appeal, (Vol. 1 to 3) no proof of service - rec'd Jan. 12/07, (Application to cross-appeal included), Completed on: 2007-01-12 Kevin Keays
2006-12-20 Motion for leave to intervene, (included in their response), Completed on: 2006-12-20 Ontario Human Rights Commission
2006-12-20 Intervener's memorandum of argument on application for leave, (service to the respondent requested - rec'd on December 21, 2006) Ontario Human Rights Commission
2006-11-29 Letter acknowledging receipt of an incomplete application for leave to appeal
2006-11-28 Application for leave to appeal, (Draft CA Order and TC Order rec'd. Jan. 23/07) (Official CA Order rec'd. Feb 5/07), Completed on: 2007-02-05 Honda Canada Inc. operating as Honda of Canada Mfg.
2006-11-28 Book of authorities Honda Canada Inc. operating as Honda of Canada Mfg.