Docket

34593

Patricia McLean v. Executive Director of the British Columbia Securities Commission

(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)
2013-12-17 Appeal closed
2013-12-06 Formal judgment sent to the registrar of the court of appeal and all parties
2013-12-06 Judgment on appeal and notice of deposit of judgment sent to all parties
2013-12-05 Judgment on the appeal rendered, LeB F Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA038196, 2011 BCCA 455, dated November 10, 2011, heard on March 21, 2013, is dismissed with costs.
Dismissed, with costs
2013-04-05 Transcript received, (107 pages)
2013-03-21 Judgment reserved OR rendered with reasons to follow
2013-03-21 Hearing of the appeal, 2013-03-21, LeB F Ro Cro Mo Ka Wa
Judgment reserved
2013-03-21 Acknowledgement and consent for video taping of proceedings, All parties consented
2013-03-21 Intervener's condensed book, (Book Form), Filed in Court Ontario Securities Commission
2013-03-21 Respondent's condensed book, (Book Form), Filed in Court Executive Director of the British Columbia Securities Commission
2013-03-21 Appellant's condensed book, (Book Form), Filed in Court Patricia McLean
2013-03-18 Correspondence received from, 4 reserved seats requested Ontario Securities Commission
2013-03-15 Reply factum on appeal, (Book Form), Completed on: 2013-03-18 Patricia McLean
2013-03-14 Order on motion to strike out, (by CROMWELL J.)
2013-03-14 Decision on motion to strike out, Cro, UPON APPLICATION by the appellant for an order striking paragraphs 32 to 36 and paragraph 37 of the factum of the intervener, the Ontario Securities Commission, or alternatively leave to file a reply factum of up to 5 pages.
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The application by the appellant to strike paragraphs 32 to 36 and paragraph 37 of the Ontario Securities Commission factum and the application to file the affidavit of Patricia McLean sworn March 11, 2013, as reply evidence are dismissed without costs.
The application by the appellant in the alternative to file a reply factum of up to 5 pages as per the draft filed at Tab 7 of the motion material is granted without costs. The reply factum is to be served and filed no later than 12:00 noon on Monday March 18, 2013
Allowed in part, without costs
2013-03-14 Submission of motion to strike out, Cro
2013-03-14 Correspondence received from, 4 reserve seats requested Financial Advisors Association of Canada
2013-03-14 Notice of appearance, Lou Brzezinski and John Polyzogopoulos will be appearing Financial Advisors Association of Canada
2013-03-14 Response to motion to strike out, (Letter Form), Rec'd from Gowlings by fax dated Mar. 13/13 re: support the position of the OSC (cc. to all parties), Completed on: 2013-03-14 Executive Director of the British Columbia Securities Commission
2013-03-13 Notice of appearance, Johanna M. Superina and Usman M. Sheikh will be appearing, Ms. Superina will present oral argument Ontario Securities Commission
2013-03-13 Response to motion to strike out, (Letter Form), Rec'd from the Commission dated Mar. 13/13 re: oppose to motion (cc. to all parties) - service rec'd Mar. 14/13, Completed on: 2013-03-13 Ontario Securities Commission
2013-03-12 Motion to strike out, (Book Form), paragraphs 32-36 and 37 of the factum of the intervener the Ontario Securities Commission or alternatively leave to file a reply factum of up to 5 pages, Completed on: 2013-03-12 Patricia McLean
2013-03-11 Order by, F, FURTHER TO THE ORDER dated January 31, 2013, granting leave to intervene to the Ontario Securities Commission and the Financial Advisors Association of Canada;
IT IS HEREBY FURTHER ORDERED THAT the Ontario Security Commission is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
AND IT IS HEREBY FURTHER ORDERED THAT the Financial Advisors Association of Canada is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
Allowed in part, no order as to costs
2013-03-11 Correspondence received from, Jeffrey Beedell dated Mar. 11/13 and rec'd by fax re: Motion to strike will be filed by Mar. 12/13 Patricia McLean
2013-03-08 Intervener's book of authorities, (Book Form), Completed on: 2013-03-08 Ontario Securities Commission
2013-03-08 Intervener's factum, (Book Form), Completed on: 2013-03-08 Ontario Securities Commission
2013-03-06 Intervener's book of authorities, (Book Form), Completed on: 2013-03-06 Financial Advisors Association of Canada
2013-03-06 Intervener's factum, (Book Form), Completed on: 2013-03-06 Financial Advisors Association of Canada
2013-03-06 Notice of appearance, Stephen M. Zolnay will be appearing Executive Director of the British Columbia Securities Commission
2013-03-05 Notice of appearance, Christopher H. Wirth and Fredrick Schumann will be appearing and Mr. Wirth will make oral submission Patricia McLean
2013-01-31 Order on motion for leave to intervene, (BY FISH J.)
2013-01-31 Decision on the motion for leave to intervene, F, UPON APPLICATIONS by the Financial Advisors Association of Canada and the Ontario Securities Commission for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene of the Ontario Securities Commission is granted and the said intervener shall be entitled to serve and file a factum not to exceed 12 pages in length on or before March 8, 2013.
The motion for leave to intervene of the Financial Advisors Association of Canada is granted and the said intervener shall be entitled to serve and file a factum not to exceed 6 pages in length on or before March 8, 2013.
The request to present oral argument is 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 respondent by their interventions
Granted
2013-01-31 Submission of motion for leave to intervene, F
2013-01-31 Appeal perfected for hearing
2013-01-29 Respondent's book of authorities, (Book Form), Completed on: 2013-01-29 Executive Director of the British Columbia Securities Commission
2013-01-29 Respondent's factum, (Book Form), Completed on: 2013-01-29 Executive Director of the British Columbia Securities Commission
2013-01-17 Reply to the motion for leave to intervene, (Letter Form), from Johana Superina dated Jan. 17/13, Completed on: 2013-01-17 Ontario Securities Commission
2013-01-10 Response to the motion for leave to intervene, (Letter Form), from Christopher Wirth dated Jan. 10/13 (by both interveners), Completed on: 2013-01-10 Patricia McLean
2012-12-21 Response to the motion for leave to intervene, (Letter Form), Henry S. Brown, Q.C. dated Dec. 21/12, Completed on: 2012-12-21 Executive Director of the British Columbia Securities Commission
2012-12-14 Motion for leave to intervene, (Book Form), Completed on: 2012-12-14 Ontario Securities Commission
2012-12-13 Motion for leave to intervene, (Book Form), Completed on: 2012-12-13 Financial Advisors Association of Canada
2012-12-12 Notice of hearing sent to parties
2012-11-22 Appeal hearing scheduled, 2013-03-21, (Early start time, 9am)
Judgment reserved
2012-11-16 Appellant's book of authorities, Completed on: 2012-11-16 Patricia McLean
2012-11-16 Appellant's record, Completed on: 2012-11-16 Patricia McLean
2012-11-16 Appellant's factum, Completed on: 2012-11-16 Patricia McLean
2012-08-24 Notice of appeal, Completed on: 2012-08-24 Patricia McLean
2012-07-04 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2012-06-29 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2012-06-29 Judgment on leave sent to the parties
2012-06-28 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 CA038196, 2011 BCCA 455, dated November 10, 2011, is granted without costs.
Granted, without costs
2012-04-30 All materials on application for leave submitted to the Judges, CJ Ro Mo
2012-03-05 Correspondence received from, Christopher Wirth dated March 5, 2012 re: reasons for decision not included in the application Patricia McLean
2012-02-14 Applicant's reply to respondent's argument, Completed on: 2012-02-14 Patricia McLean
2012-02-07 Respondent's response on the application for leave to appeal, Completed on: 2012-02-07 Executive Director of the British Columbia Securities Commission
2012-01-10 Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order
2012-01-09 Application for leave to appeal, Court of appeal order missing, rec'd Feb 13, 2012, Completed on: 2012-02-13 Patricia McLean