Docket

33154

Michelle Seidel v. Telus Communications Inc.

(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)
2011-04-01 Appeal closed
2011-03-22 Formal judgment sent to the registrar of the court of appeal and all parties
2011-03-22 Judgment on appeal and notice of deposit of judgment sent to all parties
2011-03-18 Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA036299, 2009 BCCA 104, dated March 13, 2009, heard on May 12, 2010, is allowed in part. The stay is lifted with respect to the claims made pursuant to s. 172 of the British Columbia Business Practices and Consumer Protection Act. The stay is upheld in relation to all other claims. Costs are awarded to the appellant in this Court and in the courts below, including costs on the application for leave to appeal to this Court, in any event of the cause. LeBel, Deschamps, Abella and Charron JJ. are dissenting.
Allowed in part, costs in this Court and courts below
2010-07-19 Media lock-up request accepted
2010-07-12 Media lock-up consent form received from Michelle Seidel
2010-06-30 Media lock-up consent form received from Telus Communications Inc.
2010-06-14 Media lock-up requested or proposed
2010-06-02 Transcript received, (76 pages)
2010-05-13 Correspondence received from, I.G. Whitehall, dated May, 13-10, Re: judgment referred to in submission to the judges (sent to panel May 19-10) Canadian Arbitration Congress
2010-05-12 Judgment reserved OR rendered with reasons to follow
2010-05-12 Hearing of the appeal, 2010-05-12, CJ Bi LeB De F Abe Cha Ro Cro
Judgment reserved
2010-05-12 Intervener's condensed book, Filed in Court Barreau du Québec
2010-05-12 Respondent's condensed book, Filed in Court Telus Communications Inc.
2010-05-12 Appellant's condensed book, Filed in Court Michelle Seidel
2010-05-12 Acknowledgement and consent for video taping of proceedings, All parties consented
2010-05-11 Correspondence received from, Supplemental Authorities Michelle Seidel
2010-05-10 Notice of appearance, Ivan Whitehall and Alejandro Manevich will be present at the hearing. Canadian Arbitration Congress
2010-05-06 Notice of appearance, Babak Barin and Gaston Gauthier will be present at the hearing. Barreau du Québec
2010-05-06 Notice of appearance, Barry Leon, Andrew de Lotbinière McDougall and Daniel Taylor will be present at the hearing. ADR Chambers Inc.
2010-05-05 Order by, Cro, FURTHER TO THE ORDER dated April 9, 2010, granting leave to intervene to the Barreau du Québec, the Canadian Arbitration Congress and the ADR Chambers Inc.;
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
2010-04-30 Order on motion to extend time
2010-04-30 Decision on motion to extend time, Cro, to serve and file the respondent's factum to Apr. 26/10, the respondent's authorities to Apr. 27/10 and to make oral argument at the hearing of the appeal
Granted
2010-04-30 Submission of motion to extend time, Cro
2010-04-30 Intervener's book of authorities, Completed on: 2010-04-30 Barreau du Québec
2010-04-30 Intervener's factum, Completed on: 2010-04-30 Barreau du Québec
2010-04-30 Intervener's book of authorities, CD missing - Rec'd on May 3, 2010, Completed on: 2010-04-30 ADR Chambers Inc.
2010-04-30 Intervener's factum, CD missing - Rec'd on May 3, 2010, Completed on: 2010-05-04 ADR Chambers Inc.
2010-04-30 Intervener's book of authorities, Completed on: 2010-04-30 Canadian Arbitration Congress
2010-04-30 Intervener's factum, Completed on: 2010-04-30 Canadian Arbitration Congress
2010-04-29 Response to motion to extend time, email from Bruce W. Lemer dated Apr. 27/10, Completed on: 2010-04-29 Michelle Seidel
2010-04-29 Motion to extend time, to serve and file the respondent's factum to Apr. 26/10, the respondent's authorities to Apr. 27/10 and to make oral argument at the hearing of the appeal, Completed on: 2010-04-29 Telus Communications Inc.
2010-04-28 Notice of appearance, Arthur Grant and Bruce Lemer will be present at the hearing. Michelle Seidel
2010-04-27 Respondent's book of authorities, Extension of time rec'd Apr. 29/10, Completed on: 2010-04-29 Telus Communications Inc.
2010-04-26 Respondent's factum, Motion extension of time rec'd Apr. 29/10, Completed on: 2010-04-29 Telus Communications Inc.
2010-04-23 Appeal perfected for hearing
2010-04-09 Letter sent to Intervener(s)
2010-04-09 Order on motion for leave to intervene, (BY CROMWELL, J.)
2010-04-09 Decision on the motion for leave to intervene, (Revised Apr. 12/10), Cro, The motions for leave to intervene by the Barreau du Québec, the Canadian Arbitration Congress and the ADR Chambers Inc. are granted and the said interveners shall each be entitled to serve and file a factum not to exceed 10 pages in length on or before April 30, 2010.
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
2010-04-09 Submission of motion for leave to intervene, Cro
2010-04-01 Reply to the motion for leave to intervene, Completed on: 2010-04-01 ADR Chambers Inc.
2010-04-01 Reply to the motion for leave to intervene, Completed on: 2010-04-01 Barreau du Québec
2010-04-01 Response to the motion for leave to intervene, (Letter Form), by Barreau du Québec, Completed on: 2010-04-01 Telus Communications Inc.
2010-03-31 Correspondence received from, Nelligan O'Brien Payne dated March 31/10 re: confirming Pam MacEachern acting as agent for Barreau du Québec (by fax) Barreau du Québec
2010-03-31 Reply to the motion for leave to intervene, (Letter Form), by Barreau du Québec, Completed on: 2010-03-31 Barreau du Québec
2010-03-30 Response to the motion for leave to intervene, by Barreau du Québec, Canadian Arbitration Congress and ADR Chambers Inc., Completed on: 2010-03-30 Michelle Seidel
2010-03-30 Response to the motion for leave to intervene, (Letter Form), by Canadian Arbitration Congress, Completed on: 2010-03-30 Telus Communications Inc.
2010-03-30 Response to the motion for leave to intervene, (Letter Form), by ADR Chambers Inc., Completed on: 2010-03-30 Telus Communications Inc.
2010-03-26 Motion for leave to intervene, (bookform), Completed on: 2010-03-26 ADR Chambers Inc.
2010-03-25 Motion for leave to intervene, (bookform), Completed on: 2010-03-25 Canadian Arbitration Congress
2010-03-25 Motion for leave to intervene, Completed on: 2010-03-25 Barreau du Québec
2010-03-25 Notice of appearance, Robert S. Anderson, Q.C. and Sean Hern will be appearing Telus Communications Inc.
2010-03-12 Notice of hearing sent to parties
2010-03-12 Appeal hearing scheduled, 2010-05-12, (start time 9:30 a.m.)
Judgment reserved
2010-02-26 Appellant's book of authorities, CD missing - Rec'd on March 4, 2010 (3 volumes), Completed on: 2010-03-05 Michelle Seidel
2010-02-26 Appellant's record, CD missing -Rec'd on March 4, 2010 and Part I replaced on March 1, 2010 (3 volumes), Completed on: 2010-03-05 Michelle Seidel
2010-02-26 Appellant's factum, CD missing - Rec'd on March 4, 2010, Completed on: 2010-03-05 Michelle Seidel
2009-12-02 Notice of appeal, Completed on: 2009-12-02 Michelle Seidel
2009-11-10 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2009-11-06 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2009-11-06 Judgment on leave sent to the parties
2009-11-05 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA036299, 2009 BCCA 104, dated March 13, 2009, is granted with costs in the cause.
Granted, with costs in the cause
2009-07-27 All materials on application for leave submitted to the Judges, CJ Abe Ro
2009-06-08 Book of authorities Telus Communications Inc.
2009-06-08 Respondent's response on the application for leave to appeal, Completed on: 2009-06-08 Telus Communications Inc.
2009-05-26 Correspondence received from, Mr. Lemer re: Formal Order Form rec'd by fax May 26/09 Michelle Seidel
2009-05-13 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order
2009-05-11 Book of authorities Michelle Seidel
2009-05-11 Application for leave to appeal, Original service rec'd May 12/09 - Formal Order rec'd on July 3, 2009 - Formal Order Form rec'd May 26/09, Completed on: 2009-06-01 Michelle Seidel