Docket

33507

Canadian Human Rights Commission, et al. v. Attorney General of Canada

(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)
2011-11-08 Appeal closed
2011-10-31 Formal judgment sent to the registrar of the court of appeal and all parties
2011-10-31 Judgment on appeal and notice of deposit of judgment sent to all parties
2011-10-28 Judgment on the appeal rendered, CJ LeB De Abe Cha Ro Cro, The appeal from the judgment of the Federal Court of Appeal, Number A-89-08, 2009 FCA 309, dated October 26, 2009, heard on December 13, 2010, is dismissed without costs.
Dismissed, without costs
2010-12-31 Transcript received, (71 pages)
2010-12-13 Judgment reserved OR rendered with reasons to follow
2010-12-13 Supplemental document, Supplemental authority submitted in Court (10 copies), Completed on: 2010-12-13 Council of Canadians with Disabilities
2010-12-13 Respondent's condensed book, Submitted in Court (14 copies) Attorney General of Canada
2010-12-13 Appellant's condensed book, Submitted in Court (14 copies) Donna Mowat
2010-12-13 Appellant's condensed book, Submitted in Court (14 copies) Canadian Human Rights Commission
2010-12-13 Acknowledgement and consent for video taping of proceedings, From all parties
2010-12-13 Hearing of the appeal, 2010-12-13, CJ LeB De Abe Cha Ro Cro
Judgment reserved
2010-12-09 Correspondence received from, Andrew Raven dated December 9, 2010. Re: Excerpts of authorities Donna Mowat
2010-12-09 Correspondence received from, Peter Southey dated December 9, 2010. Re: Will be refering to additional authorities and will be included in the condensed book Attorney General of Canada
2010-11-29 Notice of appearance, Reidar M. Mogerman will be present at the hearing. Canadian Bar Association
2010-11-26 Notice of appearance, David Baker and Paul Champ will be present at the hearing. Council of Canadians with Disabilities
2010-11-26 Notice of appearance, Philippe Dufresne and Daniel Poulin will be present at the hearing. Canadian Human Rights Commission
2010-11-25 Order by, Abe, FURTHER TO THE ORDER dated September 29, 2010, granting leave to intervene to the Canadian Bar Association and the Council of Canadians with Disabilities for leave to intervene in the above appeal;
IT IS HEREBY FURTHER ORDERED THAT the interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal.
Granted
2010-11-24 Notice of appearance, Andrew Raven, Andrew Astritis and Bijon Roy will be present at the hearing. Donna Mowat
2010-11-23 Intervener's factum, Completed on: 2010-11-26 Council of Canadians with Disabilities
2010-11-23 Intervener's book of authorities, Vol. 1 and 2, Completed on: 2010-11-26 Council of Canadians with Disabilities
2010-11-23 Notice of appearance, Peter Southey and Sean Gaudet will be present at the hearing. Attorney General of Canada
2010-11-02 Correspondence (sent by the Court) to, all parties, re.: J. Binnie's recusal letter
2010-10-28 Intervener's book of authorities, (2 vol. ) - service rec'd Oct. 29/10, Completed on: 2010-10-28 Canadian Bar Association
2010-10-28 Intervener's factum, Service rec'd Oct. 29/10, Completed on: 2010-10-29 Canadian Bar Association
2010-10-28 Respondent's book of authorities, (2 volumes), Completed on: 2010-10-28 Attorney General of Canada
2010-10-28 Respondent's factum, Completed on: 2010-10-28 Attorney General of Canada
2010-10-15 Correspondence received from, P. Southey dated Oct. 15/10 re: possible conflict (by fax) Attorney General of Canada
2010-10-08 Appellant's book of authorities, Vol. 1 to 4, CD and form rec'd Oct. 18/10, Completed on: 2010-10-19 Donna Mowat
2010-10-08 Appellant's factum, CD and form rec'd Oct. 18/10
, Completed on: 2010-10-19
Donna Mowat
2010-10-08 Appeal perfected for hearing
2010-10-01 Letter sent to Intervener(s)
2010-09-29 Order on motion for leave to intervene, (BY ABELLA J.)
2010-09-29 Decision on the motion for leave to intervene, Abe, UPON APPLICATIONS by Kasha Whyte and Cindy Richards, Ruth Walden, Canadian Bar Association, Council of Canadians with Disabilities for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene by Kasha Whyte and Cindy Richards and Ruth Walden are dismissed.
The motions for leave to intervene by Canadian Bar Association, Council of Canadians with Disabilities are granted and the said intervener shall each be entitled to serve and file a factum not to exceed 10 pages in length.
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 appellants and respondent any additional disbursements occasioned to the appellants and respondent by their interventions.
Allowed in part
2010-09-29 Submission of motion for leave to intervene, Abe
2010-09-29 Order on miscellaneous motion, (BY ABELLA J.)
2010-09-29 Decision on miscellaneous motion, Abe, UPON APPLICATION on behalf of Attorney General of Canada for:
1) an order that Donna Mowat’s status in the proceeding be changed from respondent to appellant;
2) further, or in the alternative, an order that Ms. Mowat will share oral argument with the appellant, Canadian Human Rights Commission, and not the Attorney General of Canada against whom her interests are adverse;
3) an order extending the time to serve and file the Attorney General of Canada’s record, factum and book of authorities until 20 days following the service of Ms. Mowat’s factum; and,
4) in the alternative, an order permitting the Attorney General of Canada to file a 10 page reply within 20 days following service of Ms. Mowat’s factum;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
1) The motion is granted;
2) Donna Mowat is to appear as an appellant in the style of cause;
3) The appellant, Donna Mowat, will share the time allotted for oral argument with the appellant Canadian Human Rights Commission;
4) The appellant, Donna Mowat, shall serve and file her factum, record and book of authorities on or before October 8, 2010;
5) The respondent, Attorney General of Canada, shall serve and file its factum, record and book of authorities 20 days after the service of the appellant Donna Mowat’s factum.
Granted
2010-09-29 Submission of miscellaneous motion, Abe
2010-09-24 Reply to the motion for leave to intervene, (Letter Form), Reply to response to motion to intervene from AG of Canada, Completed on: 2010-09-24 Ruth Walden
2010-09-22 Response to miscellaneous motion, (Letter Form), (on D. Mowat's status), Completed on: 2010-09-22 Donna Mowat
2010-09-22 Response to miscellaneous motion, (Letter Form), (on D. Mowat's status), Completed on: 2010-09-22 Canadian Human Rights Commission
2010-09-21 Response to the motion for leave to intervene, (Letter Form), (Response to all motions for Leave to Intervene), Completed on: 2010-09-21 Canadian Human Rights Commission
2010-09-20 Response to the motion for leave to intervene, (bookform) (Response to all motions for Leave to Intervene), Completed on: 2010-09-20 Attorney General of Canada
2010-09-20 Response to the motion for leave to intervene, (Letter Form), (Response to all motions for Leave to Intervene), Completed on: 2010-09-20 Donna Mowat
2010-09-13 Notice of miscellaneous motion, (bookform), re.: Motion on D. Mowat's status; D. Mowat's oral argument; ext. of time to file respondent's records, factum & authorities; and to file a 10 p. respondent's reply, Completed on: 2010-09-13 Attorney General of Canada
2010-09-10 Motion for leave to intervene, (bookform), Completed on: 2010-09-10 Council of Canadians with Disabilities
2010-09-10 Motion for leave to intervene, Completed on: 2010-09-10 Canadian Bar Association
2010-09-10 Motion for leave to intervene, (bookform) Fees missing (rec'd Sept.14-10), Completed on: 2010-09-14 Ruth Walden
2010-09-09 Motion for leave to intervene, (bookform), Completed on: 2010-09-09 Kasha Whyte and Cindy Richards
2010-09-07 Correspondence (sent by the Court) to, A. Astritis and c.c. to A. Raven re: enclosing information with respect to the hearing of the appeal
2010-09-01 Correspondence received from, Andrew Raven dated Sept. 1/10 re: confirming that he represents Donna Mowat, respondent, he will be filing a factum and present oral arguments (by fax) Donna Mowat
2010-08-13 Appellant's book of authorities, (2 vols), Completed on: 2010-08-17 Canadian Human Rights Commission
2010-08-13 Appellant's record, Completed on: 2010-08-17 Canadian Human Rights Commission
2010-08-13 Appellant's factum, Completed on: 2010-08-17 Canadian Human Rights Commission
2010-07-19 Correspondence received, from Selwyn A. Pieters by fax dated July 19/10 re: deadline for filing a motion for leave to intervene (answered by phone July 19-10)
2010-07-05 Notice of hearing sent to parties
2010-07-05 Appeal hearing scheduled, 2010-12-13, (start time 9:30am)
Judgment reserved
2010-05-21 Notice of appeal, Completed on: 2010-05-21 Canadian Human Rights Commission
2010-05-04 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2010-04-23 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2010-04-23 Judgment on leave sent to the parties
2010-04-22 Judgment of the Court on the application for leave to appeal, The motion to allow Canadian Human Rights Commission to bring the application for leave to appeal as a party applicant is granted. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-89-08, 2009 FCA 309, dated October 26, 2009, is granted without costs.
Granted, without costs
2010-04-22 Decision on motion to add or substitute parties
Granted
2010-03-29 All materials on application for leave submitted to the Judges, Bi F Cha
2010-03-29 Submission of motion to add or substitute parties, Bi F Cha
2010-03-18 Supplemental document, Amended Notice of Motion pursuant to Rule 47 Canadian Human Rights Commission
2010-03-02 Correspondence (sent by the Court) to, Ms. Mowat with attached order dated Mar 1/10 of the Registrar
2010-03-01 Order on motion to substitutional service
2010-03-01 Decision on motion for substitutional service, Reg, IT IS ORDERED that
a) the Respondent, the Attorney General of Canada, be granted an extension of time to serve the response to the applicant’s application for leave to appeal within 10 days of the date of this order upon the Respondent Donna Mowat; and
b) for substituted service by regular mail the response to the applicant’s application for leave to appeal upon the Respondent Donna Mowat by sending a copy by regular lettermail, and that service be effective five (5) days thereafter.
Granted
2010-02-26 Submission of motion for substitutional service, Reg
2010-02-18 Affidavit, of service re: sending by regular mail on Feb. 10/10 of AG Canada's response to leave and motion to Ms. Mowat Canadian Human Rights Commission
2010-02-12 Response to motion for substitutional service, (Letter Form), from Daniel Poulin dated Feb. 12/10, Completed on: 2010-02-12 Canadian Human Rights Commission
2010-02-12 Applicant's reply to respondent's argument, (Letter Form), from D. Poulin dated Feb. 12/10 re: will not file a reply (by fax), Completed on: 2010-02-12 Canadian Human Rights Commission
2010-02-11 Motion for substitutional service, of the respondent's response to Ms. Mowat by regular mail and that service be effective 5 days thereafter (and for extension of time) (bookform), Completed on: 2010-02-11 Attorney General of Canada
2010-02-05 Respondent's response on the application for leave to appeal, (Service missing for Donna Mowat - motion filed Feb. 11/10), Completed on: 2010-02-11 Attorney General of Canada
2010-02-03 Response to motion to add or substitute parties, by A.G. Canada, by fax, dated Feb-03-10, Completed on: 2010-02-03 Attorney General of Canada
2010-01-27 Motion to add or substitute parties, (bookform) (3 add. copies rec'd Feb. 3/10) (See Amended Notice of Motion pursuant to Rule 47 filed March 18/10), Completed on: 2010-01-27 Canadian Human Rights Commission
2010-01-07 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order
2009-12-22 Book of authorities Canadian Human Rights Commission
2009-12-22 Application for leave to appeal, C/A order missing - Rec'd on Jan. 14, 2010, Completed on: 2010-01-15 Canadian Human Rights Commission