Docket

34240

A.B. by her Litigation Guardian, C.D. v. Bragg Communications Incorporated, a body corporate, et al.

(Nova Scotia) (Civil) (By Leave)

(Publication ban in case) (Sealing order)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2012-10-23 Appeal closed
2012-09-28 Formal judgment sent to the registrar of the court of appeal and all parties
2012-09-28 Judgment on appeal and notice of deposit of judgment sent to all parties
2012-09-27 Judgment on the appeal rendered, CJ LeB De F Abe Ro Ka, The appeal from the judgment of the Nova Scotia Court of Appeal, Number CA330605, 2011 NSCA 26, dated March 4, 2011, heard on May 10, 2012, is allowed in part to permit A.B. to proceed anonymously with her application for disclosure of the identity of the relevant IP user(s). The lower courts’ costs orders are set aside and no costs are awarded in this Court.
Allowed in part, without costs
2012-07-04 Media lock-up request refused
2012-06-29 Media lock-up consent form received from, Daniel Burnett Daniel W. Burnett
2012-06-28 Media lock-up consent form received from, Brian Murphy BullyingCanada Inc.
2012-06-21 Media lock-up consent form received from, McInnes Cooper A.B. by her Litigation Guardian, C.D.
2012-06-20 Media lock-up consent form received from, Nancy G. Rubin Halifax Herald Limited, a body corporate
2012-06-12 Media lock-up letter, consent form and undertaking sample sent to all parties
2012-06-08 Media lock-up requested or proposed
2012-05-28 Transcript received, (98 pages)
2012-05-10 Judgment reserved OR rendered with reasons to follow
2012-05-10 Intervener's condensed book, (14 copies) distributed at the hearing Kids Help Phone
2012-05-10 Intervener's condensed book, (14 copies) distributed at hearing Privacy Commissioner of Canada
2012-05-10 Amicus curiae's condensed book, (14 copies) distributed at hearing Daniel W. Burnett
2012-05-10 Appellant's condensed book, (14 copies) distributed at hearing
A.B. by her Litigation Guardian, C.D.
2012-05-10 Acknowledgement and consent for video taping of proceedings, from all parties
2012-05-10 Hearing of the appeal, 2012-05-10, CJ LeB De F Abe Ro Ka
Judgment reserved
2012-05-08 Order on motion to extend time
2012-05-08 Decision on motion to extend time, to serve and file the intervener's factum and book of authorities to May 3, 2012, Reg
Granted
2012-05-08 Submission of motion to extend time, Reg
2012-05-08 Supplemental document, Book of Authorities, Completed on: 2012-05-08 Canadian Civil Liberties Association
2012-05-07 Correspondence received from, Heather Ross, by email, Re: requesting one reserved seat at hearing Kids Help Phone
2012-05-07 Notice of appearance, Tamir Israel and David Fewer will be present at hearing Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2012-05-04 Correspondence received from, Caroline Etter, by email, Re: requests 4 reserved seats at the hearing Privacy Commissioner of Canada
2012-05-04 Motion to extend time, to serve and file the factum and authorities to May 3/12, Completed on: 2012-05-04 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2012-05-03 Intervener's book of authorities, Completed on: 2012-05-02 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2012-05-03 Intervener's factum, Completed on: 2012-05-03 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2012-05-02 Notice of appearance, Ryder GIlliland and Adam Lazier will be present at the hearing Newspaper Canada, Ad IDEM/Canadian Media Lawyers Association, Canadian Association of Journalists,, Professional Writers Association of Canada and Book and Periodical Council
2012-05-02 Notice of appearance, Daniel W. Burnett and Paul Brackstone will be present at the hearing Daniel W. Burnett
2012-05-02 Notice of appearance, Iris Fischer and Dustin Kenall will be present at the hearing Canadian Civil Liberties Association
2012-05-02 Notice of appearance, Mahmud Jamal, Jason MacLaren, Steven Golick and Carly Fidler will be present at the hearing Kids Help Phone
2012-05-01 Notice of appearance, Marko Vesely and M. Toby Kruger will be present at hearing British Columbia Civil Liberties Association
2012-05-01 Intervener's book of authorities, Completed on: 2012-05-01 Beyond Borders
2012-05-01 Amicus curiae's book of authorities, Completed on: 2012-05-01 Daniel W. Burnett
2012-05-01 Amicus curiae's factum, Service to come (rec'd May 2/12), Completed on: 2012-05-02 Daniel W. Burnett
2012-04-30 Order by, Ro, FURTHER TO THE ORDER dated April 3, 2012, granting leave to intervene to the British Columbia Civil Liberties Association, the Kids Help Phone, the Canadian Civil Liberties Association, the Privacy Commissioner of Canada, the Newspaper Canada, Ad IDEM/Canadian Media Lawyers Association, Canadian Association of Journalists, Professional Writers Association of Canada and Book and Periodical Council, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, the Canadian Unicef Committee, the Information and Privacy Commissioner of Ontario, Beyond Borders and BullyingCanada Inc. in the above appeal;
IT IS HEREBY FURTHER ORDERED THAT only the following six groups of interveners, the British Columbia Civil Liberties Association, the Kids Help Phone, the Canadian Civil Liberties Association, the Privacy Commissioner of Canada, the Newspaper Canada, Ad IDEM/Canadian Media Lawyers Association, Canadian Association of Journalists, Professional Writers Association of Canada and Book and Periodical Council and the Canadian Unicef Committee, are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal
Allowed in part
2012-04-27 Notice of appearance, Joseph E. Magnet and Patricia Kosseim will be present at the hearing Privacy Commissioner of Canada
2012-04-27 Notice of appearance, Jeffrey S. Leon, Ranjan K. Agarwal and Daniel Holden will be present at hearing Canadian Unicef Committee
2012-04-27 Intervener's factum, CD to come (rec'd May 1/12), Completed on: 2012-05-01 Beyond Borders
2012-04-27 Intervener's book of authorities, Completed on: 2012-05-15 BullyingCanada Inc.
2012-04-27 Intervener's factum, Completed on: 2012-04-27 BullyingCanada Inc.
2012-04-27 Intervener's book of authorities, Completed on: 2012-04-27 Information and Privacy Commissioner of Ontario
2012-04-27 Intervener's book of authorities, (2 volumes), Completed on: 2012-04-27 Privacy Commissioner of Canada
2012-04-27 Intervener's factum, Completed on: 2012-04-27 Information and Privacy Commissioner of Ontario
2012-04-27 Intervener's factum, CD to come (rec'd April 30/12), Completed on: 2012-05-01 Privacy Commissioner of Canada
2012-04-27 Intervener's book of authorities, Completed on: 2012-04-27 Canadian Unicef Committee
2012-04-27 Intervener's factum, Completed on: 2012-04-27 Canadian Unicef Committee
2012-04-27 Intervener's book of authorities, Completed on: 2012-04-27 Kids Help Phone
2012-04-27 Intervener's factum, Completed on: 2012-04-27 Kids Help Phone
2012-04-27 Intervener's book of authorities, Completed on: 2012-04-27 Canadian Civil Liberties Association
2012-04-27 Intervener's factum, Completed on: 2012-04-27 Canadian Civil Liberties Association
2012-04-27 Intervener's book of authorities, Completed on: 2012-04-30 Newspaper Canada, Ad IDEM/Canadian Media Lawyers Association, Canadian Association of Journalists,, Professional Writers Association of Canada and Book and Periodical Council
2012-04-27 Intervener's factum, Service to come (rec'd April 30/12), Completed on: 2012-04-30 Newspaper Canada, Ad IDEM/Canadian Media Lawyers Association, Canadian Association of Journalists,, Professional Writers Association of Canada and Book and Periodical Council
2012-04-27 Intervener's book of authorities, Completed on: 2012-04-27 British Columbia Civil Liberties Association
2012-04-27 Intervener's factum, Completed on: 2012-04-27 British Columbia Civil Liberties Association
2012-04-23 Notice of appearance, Michelle Awad, QC and Jane O'Neill will be present at hearing A.B. by her Litigation Guardian, C.D.
2012-04-20 Appeal perfected for hearing
2012-04-19 Notice of appearance, Brian Murphy and Wanda Severns will be present at the hearing. BullyingCanada Inc.
2012-04-03 Order by, Abe, IT IS HEREBY ORDERED THAT:
Given that the Respondents have advised the Court that they will not be participating in this appeal, Daniel W. Burnett is accordingly appointed as amicus curiae to assist the Court by filing a factum of no more than 40 pages and a book of authorities on or before May 1, 2012, and by presenting oral argument not exceeding 60 minutes at the hearing of the appeal
Granted
2012-04-03 Order on motion for leave to intervene, (BY ABELLA J.)
2012-04-03 Decision on the motion for leave to intervene, Abe, UPON APPLICATIONS by the British Columbia Civil Liberties Association, the Kids Help Phone, the Canadian Civil Liberties Association, the Privacy Commissioner of Canada, the Newspaper Canada, Ad IDEM/Canadian Media Lawyers Association, Canadian Association of Journalists, Professional Writers Association of Canada and Book and Periodical Council, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, the Canadian Unicef Committee, the Information and Privacy Commissioner of Ontario, Beyond Borders and BullyingCanada Inc. 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 the British Columbia Civil Liberties Association, the Kids Help Phone, the Canadian Civil Liberties Association, the Privacy Commissioner of Canada, the Newspaper Canada, Ad IDEM/Canadian Media Lawyers Association, Canadian Association of Journalists,, Professional Writers Association of Canada and Book and Periodical Council, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, the Canadian Unicef Committee, the Information and Privacy Commissioner of Ontario, Beyond Borders and BullyingCanada Inc. are granted and the said ten groups of interveners shall each be entitled to serve and file a factum not to exceed 10 pages in length on or before April 27, 2012.
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 are not 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 respondents by their interventions
Granted
2012-04-03 Submission of motion for leave to intervene, Abe
2012-04-02 Correspondence received from, Michelle C. Awad dated April 2/12 and rec'd by fax, re.: appellant will not seek costs against Bragg (sent to juges April 3/12) A.B. by her Litigation Guardian, C.D.
2012-03-26 Response to the motion for leave to intervene, (Letter Form), (of Beyond Borders) from Michelle C. Awad, dated March 23/12, by fax,, Completed on: 2012-03-26 A.B. by her Litigation Guardian, C.D.
2012-03-23 Reply to the motion for leave to intervene, (Letter Form), from Iris Fischer, dated March 23/12, by fax, Re: response to letter of appellant dated March 19/12, Completed on: 2012-03-23 Canadian Civil Liberties Association
2012-03-23 Motion for leave to intervene, (Motion for extension of time filed but not necessary) service to come, Incomplete Beyond Borders
2012-03-23 Reply to the motion for leave to intervene, (Letter Form), from Chris W. Sanderson, dated March 23, 2012, by fax, Completed on: 2012-03-23 British Columbia Civil Liberties Association
2012-03-22 Motion for leave to intervene, (bookform), Completed on: 2012-03-22 Information and Privacy Commissioner of Ontario
2012-03-19 Response to the motion for leave to intervene, (Letter Form), (joint response for all motions), Completed on: 2012-03-19 A.B. by her Litigation Guardian, C.D.
2012-03-16 Correspondence received from, Colleen Bauman, dated March 15/12, by fax, Re: consent from the appellant to the extension of time Information and Privacy Commissioner of Ontario
2012-03-16 Motion for leave to intervene, (bookform), Completed on: 2012-03-16 Canadian Unicef Committee
2012-03-12 Discontinuance of motion to extend time, (entered for administrative purpose) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2012-03-12 Motion to extend time, to serve and file the motion for leave to intervene (NOT NECESSARY), Completed on: 2012-03-12 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2012-03-12 Motion for leave to intervene, (bookform), Completed on: 2012-03-12 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2012-03-09 Motion for leave to intervene, (bookform), Completed on: 2012-03-09 Newspaper Canada, Ad IDEM/Canadian Media Lawyers Association, Canadian Association of Journalists,, Professional Writers Association of Canada and Book and Periodical Council
2012-03-09 Motion for leave to intervene, (bookform), Completed on: 2012-03-09 Privacy Commissioner of Canada
2012-03-09 Motion for leave to intervene, (bookform), Completed on: 2012-03-09 Kids Help Phone
2012-03-09 Notice of hearing sent to parties
2012-03-09 Appeal hearing scheduled, 2012-05-10
Judgment reserved
2012-03-08 Supplemental document, (Book of Authorities), Completed on: 2012-03-08 Canadian Civil Liberties Association
2012-03-08 Motion for leave to intervene, (bookform), Completed on: 2012-03-08 Canadian Civil Liberties Association
2012-03-02 Motion for leave to intervene, (bookform), Completed on: 2012-03-02 British Columbia Civil Liberties Association
2012-02-27 Correspondence received from, Michelle Awad dated February 27, 2012. Re: Still seeking costs against The Halifax Herald A.B. by her Litigation Guardian, C.D.
2012-02-24 Correspondence received from, Patricia J. Wilson, dated Feb.24/12, Re: publication ban A.B. by her Litigation Guardian, C.D.
2012-02-24 Appellant's record, Completed on: 2012-02-24 A.B. by her Litigation Guardian, C.D.
2012-02-24 Appellant's book of authorities, (CD and Form rec'd Mar. 2/12), Completed on: 2012-03-08 A.B. by her Litigation Guardian, C.D.
2012-02-24 Appellant's factum, (CD and Form rec'd Mar. 2/12), Completed on: 2012-03-08 A.B. by her Litigation Guardian, C.D.
2012-02-21 Correspondence received from, Nancy Rubin dated February 21, 2012. Re: Will not be participating in the appeal Halifax Herald Limited, a body corporate
2012-02-07 Correspondence (sent by the Court) to, All parties. Re: Removal of Global Television from style of cause
2012-02-07 Correspondence received from, Kimberley Hayes dated February 7, 2012. Re: Will not be participating in the appeal Bragg Communications Incorporated, a body corporate
2012-02-06 Correspondence received from, Alan Parish dated February 6, 2012. Re: Confirmation that Global Television is not part of style of cause Global Television
2012-02-02 Correspondence received from, Michelle Awad dated February 2, 2012. Re: Wants to remove the respondent, Global Television, from style of cause A.B. by her Litigation Guardian, C.D.
2012-02-02 Correspondence received from, M.C. Awad by fax, re.: Potential interveners A.B. by her Litigation Guardian, C.D.
2012-01-31 Correspondence received from, Alan Parish dated January 31, 2012. Re: Respondent would like to be removed from style of cause Global Television
2012-01-23 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2011-11-23 Response to the motion for leave to intervene, (Letter Form), from Nancy G. Rubin dated Nov. 23/11 re intervention is premature, Completed on: 2011-11-23 Halifax Herald Limited, a body corporate
2011-11-23 Response to the motion for leave to intervene, (Letter Form), from Michelle C. Awad & Jane O'Neil dated Nov. 23/11, Completed on: 2011-11-23 A.B. by her Litigation Guardian, C.D.
2011-11-14 Motion for leave to intervene, Completed on: 2011-11-21 BullyingCanada Inc.
2011-11-14 Notice of appeal, Completed on: 2011-11-14 A.B. by her Litigation Guardian, C.D.
2011-10-14 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2011-10-14 Judgment on leave sent to the parties
2011-10-13 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA330605, 2011 NSCA 26, dated March 4, 2011, is granted with costs in the cause. The order of Fish J. dated May 25, 2011, shall be continued.
Granted, with costs in the cause
2011-06-20 All materials on application for leave submitted to the Judges, LeB F Cro
2011-06-13 Applicant's reply to respondent's argument, (SEALED) (6 redacted copies filed) 2 services missing (rec'd June 15/11), Completed on: 2011-06-20 A.B. by her Litigation Guardian, C.D.
2011-06-02 Respondent's response on the application for leave to appeal, (SEALED) 1 redacted public copy filed, Completed on: 2011-06-02 Halifax Herald Limited, a body corporate
2011-05-25 Order on miscellaneous motion, (BY FISH J.)
2011-05-25 Decision on the miscellaneous motion, F, UPON APPLICATION for an order:
1) Allowing the applicant and her Litigation Guardian to bring an application for leave to appeal by using pseudonyms;
2) Prohibiting publication of the words used in the Facebook profile that is the subject of the application for leave until final disposition of this matter by this Court.
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted
Granted
2011-05-25 Submission of miscellaneous motion, F
2011-05-24 Reply to miscellaneous motion, (Letter Form), from Jane O'Neill, dated May 24/11 (by fax), Completed on: 2011-05-24 A.B. by her Litigation Guardian, C.D.
2011-05-16 Response to miscellaneous motion, (bookform), Completed on: 2011-05-16 Halifax Herald Limited, a body corporate
2011-05-16 Response to miscellaneous motion, (Letter Form), from Alan V. Parish, Q.C., dated May 16/11, by fax, Completed on: 2011-05-16 Global Television
2011-05-16 Letter acknowledging receipt of a complete application for leave to appeal
2011-05-11 Correspondence received from, Nancy G. Rubin, dated May 10/11, by fax, Re: intent to file a response to motion Halifax Herald Limited, a body corporate
2011-05-10 Response to miscellaneous motion, (Letter Form), (Takes no position), Completed on: 2011-05-10 Bragg Communications Incorporated, a body corporate
2011-05-04 Correspondence received from, (Letter Form), Ryan Conrod, dated May 4/11, by fax, Re: Decision and Order issued by Justice Beveridge of Nova Scotia Court of Appeal A.B. by her Litigation Guardian, C.D.
2011-05-03 Notice of miscellaneous motion, allowing the applicant and her Litigation Guardian to bring a leave to appeal by using pseudonyms and prohibiting publication of the words used in the Facebook profile that is the subject of the application for leave until final disposition of this matter, Completed on: 2011-05-03 A.B. by her Litigation Guardian, C.D.
2011-05-03 Book of authorities A.B. by her Litigation Guardian, C.D.
2011-05-03 Application for leave to appeal, Completed on: 2011-05-03 A.B. by her Litigation Guardian, C.D.