Docket

34997

John Michael McCormick v. Fasken Martineau Dumoulin LLP

(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)
2014-11-21 Appeal closed
2014-11-21 Decision on the motion for a re-hearing of the appeal, CJ LeB Abe Ro Cro Mo Ka, UPON APPLICATION by the appellant for a re-hearing of the appeal and for an order varying the costs awarded by this Court on May 22, 2014;
AND THE MATERIALS FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed with costs to the respondent.
Dismissed, with costs
2014-11-21 All material on motion for a re-hearing of the appeal submitted to Justices, CJ LeB Abe Ro Cro Mo Ka
2014-07-03 Response to the motion for a re-hearing of the appeal, (Book Form), New green cover page received 2014-10-03. (Sent to panel November 5, 2014.), Completed on: 2014-07-03, (Electronic version filed on 2014-07-04) Fasken Martineau Dumoulin LLP
2014-06-26 Response to the motion for a re-hearing of the appeal, (Letter Form), agent for Counsel for the Internener, will not respond to the motion for Re-Hearing. (Sent to panel November 5, 2014.), Completed on: 2014-06-26, (Electronic version filed on 2014-06-26) British Columbia Human Rights Tribunal
2014-06-20 Appellant's book of authorities, (Book Form), Book of Authorities on Motion for re-hearing of appeal (Sent to panel November 5, 2014.), Completed on: 2014-06-20 John Michael McCormick
2014-06-20 Motion for a re-hearing of the appeal, (Book Form), (Sent to panel November 5, 2014.), Completed on: 2014-06-20, (Electronic version filed on 2014-07-07) John Michael McCormick
2014-05-28 Appeal closed
2014-05-23 Formal judgment sent to the registrar of the court of appeal and all parties
2014-05-23 Judgment on appeal and notice of deposit of judgment sent to all parties
2014-05-22 Judgment on the appeal rendered, CJ LeB Abe Ro Cro Mo Ka, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA039128, 2012 BCCA 313, dated July 19, 2012, heard on December 13, 2013, is dismissed with costs.
Dismissed, with costs
2014-01-06 Transcript received, 112 Pages
2013-12-13 Judgment reserved OR rendered with reasons to follow
2013-12-13 Intervener's condensed book, (Book Form), 14 copies, submitted in Court Ernst & Young LLP, KPMG LLP, Deloitte LLP, PricewaterhouseCoopers LLP, BDO Canada LLP and Grant Thornton LLP
2013-12-13 Intervener's condensed book, (Book Form), 14 copies, submitted in Court Canadian Human Rights Commission
2013-12-13 Intervener's condensed book, (Book Form), 14 copies, submitted in Court British Columbia Human Rights Tribunal
2013-12-13 Respondent's condensed book, (Book Form), 14 copies, submitted in Court Fasken Martineau Dumoulin LLP
2013-12-13 Appellant's condensed book, (Book Form), 14 Copies, submitted in Court John Michael McCormick
2013-12-13 Acknowledgement and consent for video taping of proceedings, From all parties
2013-12-13 Hearing of the appeal, 2013-12-13, CJ LeB Abe Ro Cro Mo Ka
Judgment reserved
2013-12-02 Order by, Ka, FURTHER TO THE ORDER dated November 27, 2013, setting the time for oral argument for the interveners in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY FURTHER ORDERED THAT:
The following three interveners, the Ontario Human Rights Commission, the Canadian Human Rights Commission and the Alberta Human Rights Commission shall each present oral argument not exceeding five (5) minutes at the hearing of the appeal.
Granted
2013-11-29 Correspondence received from, Rory Gillis re: three reserved seats Ernst & Young LLP, KPMG LLP, Deloitte LLP, PricewaterhouseCoopers LLP, BDO Canada LLP and Grant Thornton LLP
2013-11-29 Notice of appearance, Phillippe Dufresne and Valerie Phillips will be present Canadian Human Rights Commission
2013-11-29 Correspondence received from, Philippe Dufresne by fax, re: proposal further to Justice Karakatsanis' order of November 27, 2013 Alberta Human Rights Commission
2013-11-29 Notice of appearance, Ms. Katherine Hardie will be present at the hearing British Columbia Human Rights Tribunal
2013-11-28 Notice of appearance, Peter H. Griffin and Rory Gillis will be present Ernst & Young LLP, KPMG LLP, Deloitte LLP, PricewaterhouseCoopers LLP, BDO Canada LLP and Grant Thornton LLP
2013-11-28 Correspondence received from, Sally Gomery re: 3 reserved seats Fasken Martineau Dumoulin LLP
2013-11-27 Order by, Ka, FURTHER TO THE ORDER dated September 9, 2013, granting leave to intervene to the Alberta Human Rights Commission, the British Columbia Human Rights Tribunal, the Ernst & Young LLP, KPMG LLP, Deloitte LLP, PricewaterhouseCoopers LLP, BDO Canada LLP and Grant Thornton LLP, the Young Bar Association of Montreal, the Ontario Human Rights Commission and the Canadian Human Rights Commission;
IT IS HEREBY FURTHER ORDERED THAT the British Columbia Human Rights Tribunal 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 group, Ernst & Young LLP, KPMG LLP, Deloitte LLP, PricewaterhouseCoopers LLP, BDO Canada LLP and Grant Thornton LLP 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 following three interveners, the Ontario Human Rights Commission, the Canadian Human Rights Commission and the Alberta Human Rights Commission are granted permission to present a total of ten (10) minutes of oral argument at the hearing of the appeal. They shall consult to determine how the allotted time will be divided among them and shall inform the Court of their determination in writing. The written proposal shall be served and filed no later than December 4, 2013.
AND IT IS HEREBY FURTHER ORDERED THAT the Court will consider only the written submission of the Young Bar Association of Montreal as set out in its factum.
Allowed in part
2013-11-22 Notice of appearance, Reema Khawja and Anthony D. Griffin will be present Ontario Human Rights Commission
2013-11-20 Correspondence received from, Will not be filing a reply factum Fasken Martineau Dumoulin LLP
2013-11-15 Correspondence received from, Marie-France Major dated 2013-11-15 re: request for 2 reserved seats British Columbia Human Rights Tribunal
2013-11-08 Correspondence received from, Marie-France Major dated 2013-11-08. Re: Corrected Table of contents and pages 13, 17, 18 and 19 of the intervener factum British Columbia Human Rights Tribunal
2013-11-06 Notice of appearance, Audrey Dean and Arman Mujahid Chak will be present at the hearing. Alberta Human Rights Commission
2013-11-04 Intervener's book of authorities, Completed on: 2013-11-04 Alberta Human Rights Commission
2013-11-04 Intervener's factum, Completed on: 2013-11-04 Alberta Human Rights Commission
2013-11-04 Intervener's book of authorities, (Book Form), Completed on: 2013-11-04 Canadian Human Rights Commission
2013-11-04 Intervener's factum, (Book Form), Completed on: 2013-11-04 Canadian Human Rights Commission
2013-11-01 Intervener's book of authorities, (Book Form), Completed on: 2013-11-01 Ontario Human Rights Commission
2013-11-01 Intervener's factum, (Book Form), Completed on: 2013-11-01 Ontario Human Rights Commission
2013-11-01 Intervener's book of authorities, Completed on: 2013-11-01 British Columbia Human Rights Tribunal
2013-11-01 Intervener's factum, Completed on: 2013-11-04 British Columbia Human Rights Tribunal
2013-11-01 Intervener's book of authorities, (Book Form), Completed on: 2013-11-01 Ernst & Young LLP, KPMG LLP, Deloitte LLP, PricewaterhouseCoopers LLP, BDO Canada LLP and Grant Thornton LLP
2013-11-01 Intervener's factum, (Book Form), Completed on: 2013-11-01 Ernst & Young LLP, KPMG LLP, Deloitte LLP, PricewaterhouseCoopers LLP, BDO Canada LLP and Grant Thornton LLP
2013-11-01 Notice of appearance, Irwin Nathanson and Peter Senkpiel will be present at the hearing. Fasken Martineau Dumoulin LLP
2013-10-31 Notice of appearance, Murray Tevlin and John Chesko will be present at the hearing. John Michael McCormick
2013-10-31 Intervener's book of authorities, Completed on: 2013-10-31 Young Bar Association of Montreal
2013-10-31 Intervener's factum, Completed on: 2013-10-31 Young Bar Association of Montreal
2013-10-30 Correspondence received from, Appellant, fax dated 2013-10-30, re.: 2 pages missing in the Appellant's Record. John Michael McCormick
2013-10-29 Correspondence received from, 2 reserved seats requested Young Bar Association of Montreal
2013-10-29 Notice of appearance, Vincent de l'Étoile and Catherine Galardo will be present at the hearing. Young Bar Association of Montreal
2013-10-29 Appeal hearing scheduled, 2013-12-13, Early start 9:00 a.m. (previously tentatively scheduled for Dec. 6/13)
Judgment reserved
2013-09-09 Notice of hearing sent to parties
2013-09-09 Order on motion for leave to intervene, (by KARAKATSANIS J.)
2013-09-09 Decision on the motion for leave to intervene, Ka, UPON APPLICATIONS by the Alberta Human Rights Commission, the British Columbia Human Rights Tribunal, the Ernst & Young LLP, KPMG LLP, Deloitte LLP, PricewaterhouseCoopers LLP, BDO Canada LLP and Grant Thornton LLP, the Young Bar Association of Montreal, the Ontario Human Rights Commission and the Canadian Human Rights Commission 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 of the Alberta Human Rights Commission, the Ernst & Young LLP, KPMG LLP, Deloitte LLP, PricewaterhouseCoopers LLP, BDO Canada LLP and Grant Thornton LLP, the Young Bar Association of Montreal and the Canadian Human Rights Commission are granted and the said four groups of interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before November 4, 2013.
The motion for leave to intervene of the Ontario Human Rights Commission is granted and the said intervener shall be entitled to serve and file a factum not to exceed 15 pages in length on or before November 4, 2013.
The motion for leave to intervene of the British Columbia Human Rights Tribunal is granted and the said intervener shall be entitled to serve and file a factum not to exceed 20 pages in length on or before November 4, 2013.
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, 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.
IT IS HEREBY FURTHER ORDERED THAT:
The requests of the respondent to serve and file reply factums to the British Columbia Human Rights Tribunal, the Young Bar Association of Montreal, the Ontario Human Rights Commission and the Canadian Human Rights Commission are granted and the respondent shall be entitled to serve and file reply factums not exceeding 7 pages each on or before November 22, 2013.
Granted
2013-09-09 Submission of motion for leave to intervene, Ka
2013-08-30 Order on motion to extend time, (by MOLDAVER J.)
2013-08-30 Decision on motion to extend time, Mo, to serve the respondent's factum, record and book of authorities to August 26, 2013 and for an order pursuant to Rule 71(3) permitting oral argument at the hearing of the appeal.
Granted
2013-08-30 Submission of motion to extend time, Mo
2013-08-28 Appeal perfected for hearing
2013-08-27 Response to motion to extend time, email from Justin Dubois dated Aug. 26/13 (included in motion), Completed on: 2013-08-27 John Michael McCormick
2013-08-27 Motion to extend time, to serve the respondent's factum, record and book of authorities to Aug. 26/13 and for an order pursuant to Rule 71(3) permitting oral argument at the hearing of the appeal., Completed on: 2013-08-27 Fasken Martineau Dumoulin LLP
2013-08-23 Respondent's book of authorities, (Book Form), Completed on: 2013-08-23 Fasken Martineau Dumoulin LLP
2013-08-23 Respondent's record, (Book Form), Completed on: 2013-08-23 Fasken Martineau Dumoulin LLP
2013-08-23 Respondent's factum, (Book Form), Completed on: 2013-08-23 Fasken Martineau Dumoulin LLP
2013-08-06 Response to the motion for leave to intervene, (Letter Form), from Irwin G. Nathanson, Q.C. dated Aug. 2/13 (by CHRC), Completed on: 2013-08-06 Fasken Martineau Dumoulin LLP
2013-08-06 Response to the motion for leave to intervene, (Letter Form), from Irwin G. Nathanson, Q.C. dated Aug. 2/13 (by OHRC), Completed on: 2013-08-06 Fasken Martineau Dumoulin LLP
2013-08-06 Response to the motion for leave to intervene, (Letter Form), from Irwin G. Nathanson, Q.C. dated Aug. 2/13 (by YBAM), Completed on: 2013-08-06 Fasken Martineau Dumoulin LLP
2013-08-01 Response to the motion for leave to intervene, (Letter Form), from Justin Dubois dated Aug. 1/13 13 (by CHRC, YBAM and Ernst & Young), Completed on: 2013-08-01 John Michael McCormick
2013-08-01 Response to the motion for leave to intervene, (Letter Form), from Justin Dubois dated Aug. 1/13 13 (by the OHRC), Completed on: 2013-08-01 John Michael McCormick
2013-07-25 Motion for leave to intervene, (Book Form), Completed on: 2013-07-25 Canadian Human Rights Commission
2013-07-25 Motion for leave to intervene, Completed on: 2013-07-25 Ontario Human Rights Commission
2013-07-25 Motion for leave to intervene, (Book Form), Completed on: 2013-07-30 Young Bar Association of Montreal
2013-07-25 Correspondence received from, Justin Dubois dated July 25/13 re: error in email address John Michael McCormick
2013-07-25 Response to the motion for leave to intervene, from Nathanson, Schachter & Thompson dated July 24/13 (by Ernst & Young LLP et al), Completed on: 2013-07-25 Fasken Martineau Dumoulin LLP
2013-07-24 Motion for leave to intervene, (Book Form), Completed on: 2013-07-24 Ernst & Young LLP, KPMG LLP, Deloitte LLP, PricewaterhouseCoopers LLP, BDO Canada LLP and Grant Thornton LLP
2013-07-23 Reply to the motion for leave to intervene, (Letter Form), from Katherine A. Hardie dated July 22/13, Completed on: 2013-07-23 British Columbia Human Rights Tribunal
2013-07-23 Reply to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated July 22/13, Completed on: 2013-07-23 Alberta Human Rights Commission
2013-07-22 Response to the motion for leave to intervene, (Letter Form), from Justin Dubois dated July 22/13 (by BCHRT), Completed on: 2013-07-22 John Michael McCormick
2013-07-22 Response to the motion for leave to intervene, (Letter Form), from Nathanson, Schachter & Thompson dated July 19/13 (by BCHRC), Completed on: 2013-07-22 Fasken Martineau Dumoulin LLP
2013-07-22 Response to the motion for leave to intervene, (Letter Form), from Nathanson, Schachter & Thompson dated July 19/13 (by AHRC), Completed on: 2013-07-22 Fasken Martineau Dumoulin LLP
2013-07-17 Response to the motion for leave to intervene, (Letter Form), from Justin Dubois dated July 15/13 (by AHRC), Completed on: 2013-07-17 John Michael McCormick
2013-07-16 Motion for leave to intervene, (Book Form), Completed on: 2013-07-16 British Columbia Human Rights Tribunal
2013-07-12 Motion for leave to intervene, Completed on: 2013-07-12 Alberta Human Rights Commission
2013-06-28 Appellant's book of authorities, Completed on: 2013-06-28 John Michael McCormick
2013-06-28 Appellant's record, Amended on 2013-10-30, re.: pages 282A + 282B added., Completed on: 2013-06-28 John Michael McCormick
2013-06-28 Appellant's factum, Completed on: 2013-06-28 John Michael McCormick
2013-04-05 Notice of appeal, Completed on: 2013-04-05 John Michael McCormick
2013-03-21 Correspondence received from, Irwin Nathanson by fax, re: would like to reschedule the date of the appeal Fasken Martineau Dumoulin LLP
2013-03-08 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2013-03-08 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2013-03-08 Judgment on leave sent to the parties
2013-03-07 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 CA039128, 2012 BCCA 313, dated July 19, 2012, is granted with costs in the cause.
Granted, with costs in the cause
2013-01-14 All materials on application for leave submitted to the Judges, CJ Abe Cro
2012-11-07 Applicant's reply to respondent's argument, (Book Form), Completed on: 2012-11-07 John Michael McCormick
2012-10-29 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2012-10-29 Fasken Martineau Dumoulin LLP
2012-10-01 Letter acknowledging receipt of an incomplete application for leave to appeal
2012-09-28 Book of authorities, (Book Form) John Michael McCormick
2012-09-28 Application for leave to appeal, (Book Form), Electronic copy rec'd., Completed on: 2012-10-02 John Michael McCormick