Docket

35619

Association des parents de l'école Rose-des-vents, et al. v. Ministry of Education of British Columbia, et al.

(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)
2016-03-24 Appeal closed
2016-03-24 Discontinuance of the bill of costs, (Letter Form), (Printed version filed on 2016-04-06) Conseil scolaire francophone de la Colombie-Britannique
2016-03-09 Order on motion to extend time, (by JUSTICE BROWN)
2016-03-09 Decision on motion to extend time, Br, UPON APPLICATION by the appellant, the Conseil scolaire francophone de la Colombie-Britannique, for an order extending by three (3) weeks the adjournment for the taxation in this Court as set out in the Order of Justice Brown dated December 4, 2015;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted. The appellant is directed to file with the Court a notice of discontinuance of the taxation on or before March 24, 2016, failing which the respondents shall have 30 days to serve and file a response to the notice of taxation and bill of costs.
Granted
2016-03-09 Submission of motion to extend time, Br
2016-03-02 Motion to extend time, (Book Form), to extend by 3 weeks the deadlines set out in the Order by Justice Brown dated December 4, 2015., Completed on: 2016-03-02 Conseil scolaire francophone de la Colombie-Britannique
2016-01-19 Correspondence received from, Respondent, Ministry of Education - re: Jonathan Penner has been appointed to act as counsel for the Respondent in place of Karrie Wolfe for the purposes of settling the costs in this matter. Ministry of Education of British Columbia
2015-12-04 Order on motion to extend time, (by JUSTICE BROWN)
2015-12-04 Decision on motion to extend time, Br, UPON APPLICATION by the respondents dated November 2, 2015, pursuant to Rules 6 and 47 of the Rules of the Supreme Court of Canada for an extension of time to serve and file a response to the notice of taxation and bill of costs, and for a direction to produce documents;
AND HAVING READ the material filed by the parties;
IT IS HEREBY ORDERED THAT:
1. The taxation in this Court is adjourned for a period of 90 days from the date of this order; and
2. Upon the expiry of 90 days, the appellant, Conseil scolaire francophone de la Colombie-Britannique, is directed to file with the Court a notice of discontinuance of the taxation, failing which the respondents shall have 30 days to serve and file a response to the notice of taxation and bill of costs.
Allowed in part
2015-12-03 Submission of motion to extend time, Br
2015-11-10 Response to motion to extend time, Completed on: 2015-11-10 Conseil scolaire francophone de la Colombie-Britannique
2015-11-02 Motion to extend time, (Letter Form), to serve and file a response to the bill of costs, Completed on: 2015-11-03, (Electronic version filed on 2015-11-02) Ministry of Education of British Columbia
2015-10-26 Bill of costs, (Book Form), Completed on: 2015-10-26 Conseil scolaire francophone de la Colombie-Britannique
2015-04-27 Formal judgment sent to the registrar of the court of appeal and all parties
2015-04-27 Judgment on appeal and notice of deposit of judgment sent to all parties
2015-04-24 Judgment on the appeal rendered, CJ Abe Ro Mo Ka Wa Ga, The appeal from the judgments of the Court of Appeal for British Columbia (Vancouver), Number CA040429, 2013 BCCA 407 and 2014 BCCA 40, dated September 20, 2013, and January 31, 2014, heard on December 2, 2014, is allowed. The petition judge’s declaration is reinstated and the matter is remitted to the Supreme Court of British Columbia for the next phase of the petition, if necessary. The award of special costs issued by the petition judge is restored and special costs are awarded to the appellants for the appeal proceedings.
Allowed
2014-12-17 Transcript received, 159 pages
2014-12-02 Judgment reserved OR rendered with reasons to follow
2014-12-02 Hearing of the appeal, 2014-12-02, CJ Abe Ro Mo Ka Wa Ga
Judgment reserved
2014-12-02 Intervener's condensed book, (Book Form), Filed in Court Fédération nationale des conseils scolaires francophones
2014-12-02 Intervener's condensed book, (Book Form), Filed in Court Attorney General for Saskatchewan
2014-12-02 Respondent's condensed book, (Book Form), Filed in Court Ministry of Education of British Columbia
2014-12-02 Appellant's condensed book, (Book Form), Filed in Court Conseil scolaire francophone de la Colombie-Britannique
2014-12-02 Appellant's condensed book, (Book Form), File in Court Association des parents de l'école Rose-des-vents
2014-11-28 Order on motion to strike out, (by GASCON J.)
2014-11-28 Decision on motion to strike out, Ga, UPON APPLICATION by the respondents for an order striking, in its entirety, the joint factum of the interveners Commission scolaire francophone des Territoires du Nord-Ouest, Conseil des écoles fransaskoises and Commission scolaire francophone du Yukon, and striking paragraphs 2(b), 14-16, 20 and 29-30 of the factum of the intervener Fédération nationale des conseils scolaires francophones;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed.
Dismissed
2014-11-28 Submission of motion to strike out, Ga
2014-11-27 Appeal hearing scheduled, 2014-12-02, Early start 9:00 a.m.
Judgment reserved
2014-11-25 Response to motion to strike out, (Letter Form), Completed on: 2014-11-25, (Printed version due on 2014-12-02) Commission scolaire francophone des Territoires du Nord-Ouest
2014-11-24 Notice of appearance, Randy Steele will be present at the hearing. Attorney General of Alberta
2014-11-24 Response to motion to strike out, (Letter Form), Completed on: 2014-11-24, (Printed version due on 2014-12-01) Association des parents de l'école Rose-des-vents
2014-11-24 Response to motion to strike out, (Book Form), Completed on: 2014-11-24, (Electronic version filed on 2014-11-24) Conseil scolaire francophone de la Colombie-Britannique
2014-11-20 Notice of appearance, Robert Grant, Mark C. Power, Jean-Pierre Hachey and David Taylor, Mr. Grant will be prsent at the hearing in english. Conseil scolaire francophone de la Colombie-Britannique
2014-11-20 Notice of appearance, Karrie Wolfe, Leonard T. Doust, Q.C. and Warren B. Milman will be present at the hearing. Mr. Doust will speak first and Ms. Wolfe second
Ministry of Education of British Columbia
2014-11-20 Motion to strike out, (Letter Form), Striking, in its entirety, the joint factum of the interveners Commission scolaire francophone du Yukon, Territoires du Nord-Ouest and Conseil des écoles fransaskoises , Completed on: 2014-11-20 Ministry of Education of British Columbia
2014-11-20 Notice of appearance, Nicolas M. Rouleau and Joseph Pagé will be present at the hearing Association des parents de l'école Rose-des-vents
2014-11-19 Notice of appearance, Alan F. Jacobson and Barbara C. Mysko will be present at the hearing. Attorney General for Saskatchewan
2014-11-19 Notice of appearance, Max Faille, Guy Régimbald and Pippa Lawson will appear for AG of Yukon and François Baril will be present for AG of Northwest Territories. Attorney General of the Northwest Territories
2014-11-19 Notice of appearance, Roger J.F. Lepage and Francis Poulin will be present at the hearing Fédération nationale des conseils scolaires francophones
2014-11-18 Notice of appearance, Christine Ruest Norrena and Isabelle Bousquet will be present at the hearing. Commissioner of Official Languages of Canada
2014-11-18 Correspondence received from, Appellants, re.: request for 6 reserved seats Association des parents de l'école Rose-des-vents
2014-11-17 Order by, LeB, FURTHER TO THE ORDER dated September 12, 2014, granting leave to intervene to the Attorney General for Saskatchewan, the Attorney General of Alberta, the Attorney General of the Yukon Territory, the Attorney General of the Northwest Territories, the Commissioner of Official Languages of Canada, the Fédération nationale des conseils scolaires francophones, the Conseil des écoles fransaskoises, the Commission scolaire francophone du Yukon and the Commission scolaire francophone, Territoires du Nord-Ouest;
AND FURTHER TO THE ORDER dated April 29, 2014, deferring the decision on the time for oral argument;
IT IS HEREBY FURTHER ORDERED THAT:
1. The Attorney General for Saskatchewan, the Attorney General of Alberta, the Attorney General of the Yukon Territory, the Commissioner of Official Languages of Canada and the Fédération nationale des conseils scolaires francophones are each granted permission to present oral argument not exceeding 10 minutes at the hearing of the appeal.
2. The factums of the Attorney General of the Northwest Territories, the Conseil des écoles fransaskoises, the Commission scolaire francophone du Yukon and the Commission scolaire francophone, Territoires du Nord-Ouest will be considered without the need for oral argument.
3. The appellants are permitted to present oral argument not exceeding seventy (70) minutes and to present a reply of five minutes at the hearing of the appeal.
4. The respondents are permitted to present oral argument not exceeding sixty (60) minutes at the hearing of the appeal.
Granted
2014-11-13 Correspondence received from, Christine Ruest Norrena dated 2014-11-13. Re: Change of address Commissioner of Official Languages of Canada
2014-11-07 Intervener's book of authorities, (Book Form), Joint, Completed on: 2014-11-07 Fédération nationale des conseils scolaires francophones
2014-11-07 Intervener's book of authorities, Completed on: 2014-11-07 Attorney General of the Northwest Territories
2014-11-07 Intervener's factum, Completed on: 2014-11-07 Attorney General of the Northwest Territories
2014-11-07 Intervener's book of authorities, Completed on: 2014-11-07 Attorney General of the Yukon Territory
2014-11-07 Intervener's factum, Completed on: 2014-11-07 Attorney General of the Yukon Territory
2014-11-07 Intervener's book of authorities, Joint, Completed on: 2014-11-07 Commission scolaire francophone des Territoires du Nord-Ouest
2014-11-07 Intervener's factum, Joint, Completed on: 2014-11-07 Commission scolaire francophone des Territoires du Nord-Ouest
2014-11-07 Intervener's factum, Completed on: 2014-11-07 Fédération nationale des conseils scolaires francophones
2014-11-06 Intervener's book of authorities, (Book Form), Completed on: 2014-11-06 Commissioner of Official Languages of Canada
2014-11-06 Intervener's factum, (Book Form), Completed on: 2014-11-06, (Electronic version filed on 2014-11-06) Commissioner of Official Languages of Canada
2014-11-06 Intervener's book of authorities, (Book Form), Completed on: 2014-11-07, (Electronic version filed on 2014-11-06) Attorney General of Alberta
2014-11-06 Intervener's factum, (Book Form), Completed on: 2014-11-07, (Electronic version filed on 2014-11-06) Attorney General of Alberta
2014-11-05 Intervener's book of authorities, (Book Form), Completed on: 2014-11-05 Attorney General for Saskatchewan
2014-11-05 Intervener's factum, (Book Form), Completed on: 2014-11-05, (Electronic version filed on 2014-11-05) Attorney General for Saskatchewan
2014-10-10 Appeal perfected for hearing
2014-10-01 Notice of hearing sent to parties
2014-09-12 Order on motion to extend time, (by LEBEL J.)
2014-09-12 Decision on motion to extend time, (the motion is addressed in order by LEBEL J. signed 12/09/2014)., LeB
2014-09-12 Submission of motion to extend time, LeB
2014-09-12 Order on motion for leave to intervene, (by LEBEL J.)
2014-09-12 Decision on the motion for leave to intervene, LeB, UPON APPLICATIONS by the Attorney General for Saskatchewan, the Attorney General of Alberta, the Attorney General of the Yukon Territory, the Attorney General of the Northwest Territories, the Commissioner of Official Languages of Canada, the Fédération nationale des conseils scolaires francophones, the Conseil des écoles fransaskoises, the Commission scolaire francophone du Yukon and the Commission scolaire francophone, Territoires du Nord-Ouest, for leave to intervene in the above appeal;
AND UPON APPLICATIONS by the Fédération nationale des conseils scolaires francophones, the Conseil des écoles fransaskoises, the Commission scolaire francophone du Yukon and the Commission scolaire francophone, Territoires du Nord-Ouest for an extension of time to serve and file a motion for leave to intervene;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for extension of time to serve and file a motion for leave to intervene of the Fédération nationale des conseils scolaires francophones, the Conseil des écoles fransaskoises, the Commission scolaire francophone du Yukon and the Commission scolaire francophone, Territoires du Nord-Ouest are granted.
The motions for leave to intervene of the Attorney General for Saskatchewan, the Attorney General of Alberta, the Attorney General of the Yukon Territory, the Attorney General of the Northwest Territories, the Commissioner of Official Languages of Canada, the Fédération nationale des conseils scolaires francophones, the Conseil des écoles fransaskoises, the Commission scolaire francophone du Yukon and the Commission scolaire francophone, Territoires du Nord-Ouest are granted.
The Conseil des écoles fransaskoises, the Commission scolaire francophone du Yukon and the Commission scolaire francophone, Territoires du Nord-Ouest shall be entitled to serve and file a joint factum not to exceed ten (10) pages in length on or before November 7, 2014.
The Attorney General for Saskatchewan, the Attorney General of Alberta, the Attorney General of the Yukon Territory, the Attorney General of the Northwest Territories, the Commissioner of Official Languages of Canada and the Fédération nationale des conseils scolaires francophones shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before November 7, 2014.
Interveners shall consult to avoid repetition in their written arguments.
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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by their interventions.
Granted
2014-09-12 Submission of motion for leave to intervene, LeB
2014-09-10 Certificate of counsel (attesting to record) Ministry of Education of British Columbia
2014-09-10 Respondent's book of authorities, Completed on: 2014-09-10 Ministry of Education of British Columbia
2014-09-10 Respondent's record, (2 volumes), Completed on: 2014-09-10 Ministry of Education of British Columbia
2014-09-10 Respondent's factum, Completed on: 2014-09-10 Ministry of Education of British Columbia
2014-08-25 Response to the motion for leave to intervene, (Letter Form), to all motions (original received August 29, 2014), Completed on: 2014-08-25 Association des parents de l'école Rose-des-vents
2014-08-25 Response to the motion for leave to intervene, (Letter Form), to all motions, Completed on: 2014-08-25 Conseil scolaire francophone de la Colombie-Britannique
2014-08-22 Response to the motion for leave to intervene, (Letter Form), Completed on: 2014-08-22, (Electronic version filed on 2014-08-22) Ministry of Education of British Columbia
2014-08-19 Motion to extend time, (Book Form), (Included in the motion for leave to intervene), Completed on: 2014-08-20, (Printed version filed on 2014-08-20) Conseil des écoles fransaskoises
2014-08-19 Motion to extend time, (Book Form), (Included in the motion for leave to intervene), Completed on: 2014-08-20, (Printed version filed on 2014-08-20) Commission scolaire francophone du Yukon
2014-08-19 Motion to extend time, (Book Form), (Included in the motion for leave to intervene), Completed on: 2014-08-20, (Printed version filed on 2014-08-20) Fédération nationale des conseils scolaires francophones
2014-08-19 Motion to extend time, (Book Form), (Included in the motion for leave to intervene), Completed on: 2014-08-20, (Printed version filed on 2014-08-20) Commission scolaire francophone des Territoires du Nord-Ouest
2014-08-19 Motion for leave to intervene, (Book Form), Motion to ext. time included, Completed on: 2014-08-21, (Printed version filed on 2014-08-20) Commission scolaire francophone du Yukon
2014-08-19 Motion for leave to intervene, (Book Form), Motion to ext. time included, Completed on: 2014-08-21, (Printed version filed on 2014-08-20) Commission scolaire francophone des Territoires du Nord-Ouest
2014-08-19 Motion for leave to intervene, (Book Form), Motion to ext. time included, Completed on: 2014-08-21, (Printed version filed on 2014-08-20) Conseil des écoles fransaskoises
2014-08-19 Motion for leave to intervene, (Book Form), Motion to ext. time included, Completed on: 2014-08-21, (Printed version filed on 2014-08-20) Fédération nationale des conseils scolaires francophones
2014-08-15 Motion for leave to intervene, (Book Form), Proof of service missing. Received 2014-08-19., Completed on: 2014-09-04, (Electronic version filed on 2014-08-15) Attorney General of Alberta
2014-08-15 Motion for leave to intervene, (Book Form), Proof of service missing. Received 2014-08-18., Completed on: 2014-08-18, (Electronic version filed on 2014-08-15) Attorney General of the Yukon Territory
2014-08-15 Motion for leave to intervene, (Book Form), Proof of service missing. Received 2014-08-18., Completed on: 2014-08-18, (Electronic version filed on 2014-08-15) Attorney General of the Northwest Territories
2014-08-14 Motion for leave to intervene, (Book Form), Completed on: 2014-08-14, (Electronic version filed on 2014-08-14) Commissioner of Official Languages of Canada
2014-08-13 Motion for leave to intervene, (Book Form), Completed on: 2014-08-14, (Electronic version filed on 2014-08-13) Attorney General for Saskatchewan
2014-08-13 Correspondence received from, Karrie Wolfe, Counsel for the Respondents, re.: Requesting that Ms. Wolfe's contact info appear on the SCC website. Ministry of Education of British Columbia
2014-07-24 Certificate of counsel (attesting to record), (Electronic version filed on 2014-07-24) Association des parents de l'école Rose-des-vents
2014-07-18 Certificate of counsel (attesting to record), (Letter Form), (Electronic version due on 2014-07-25) Conseil scolaire francophone de la Colombie-Britannique
2014-07-18 Appellant's record, (Book Form), Vol. 1 to 10, Completed on: 2014-07-28, (Electronic version filed on 2014-07-25) Conseil scolaire francophone de la Colombie-Britannique
2014-07-18 Appellant's record, (Book Form), Vol. 1 to 4, Completed on: 2014-07-28, (Electronic version filed on 2014-07-24) Association des parents de l'école Rose-des-vents
2014-07-18 Appellant's book of authorities, (Book Form), Completed on: 2014-07-25, (Electronic version filed on 2014-07-25) Conseil scolaire francophone de la Colombie-Britannique
2014-07-18 Appellant's factum, Translated copy rec'd on 2014-10-24, Completed on: 2014-08-01, (Electronic version filed on 2014-07-25) Conseil scolaire francophone de la Colombie-Britannique
2014-07-18 Appellant's book of authorities, (Book Form), Vol. 1 to 3, Completed on: 2014-07-28, (Electronic version filed on 2014-07-24) Association des parents de l'école Rose-des-vents
2014-07-18 Appellant's factum, (Book Form), Completed on: 2014-07-28, (Electronic version filed on 2014-07-24) Association des parents de l'école Rose-des-vents
2014-06-04 Correspondence received from, (Letter Form), Karrie Wolfe, Counsel for the Respondents, re.: Mr. Warren B. Milman has been appointed to act as co-counsel for the Respondents, in place of David Cowie. Ministry of Education of British Columbia
2014-05-06 Notice of appeal, (Letter Form), Completed on: 2014-05-06, (Electronic version filed on 2014-05-05) Conseil scolaire francophone de la Colombie-Britannique
2014-04-29 Order by, LeB, FURTHER TO THE JUDGMENT dated March 27, 2014, inviting the parties to file submissions regarding the role and status of the Conseil scolaire francophone de la Colombie-Britannique in the appeal, and in particular whether it should be an appellant rather than a respondent;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The Conseil scolaire francophone de la Colombie-Britannique is added as an appellant in the proceedings before this Court pursuant to Rule 18(5) of the Rules of the Supreme Court of Canada and the style of cause shall be modified to reflect the change.
They shall serve and file their notice of appeal no later than May 6, 2014. Their record, factum and book of authorities shall be served and filed no later than July 18, 2014.
The decision on the time for oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and potential interveners.
Granted
2014-04-25 Notice of appeal, Completed on: 2014-04-25, (Electronic version filed on 2014-04-25) Association des parents de l'école Rose-des-vents
2014-04-11 Supplemental document, (Letter Form), from Nicolas M. Rouleau, dated April 11/14, by fax - Submissions as per judgment dated March 27/14, Completed on: 2014-04-11 Association des parents de l'école Rose-des-vents
2014-04-11 Supplemental document, (Book Form), (Submissions as per judgment dated March 27/14), Completed on: 2014-04-11 Conseil scolaire francophone de la Colombie-Britannique
2014-04-09 Supplemental document, (Letter Form), from David Cowie, dated April 9/14, rec'd by fax - Submissions as per judgment dated March 27/14, Completed on: 2014-04-09 Ministry of Education of British Columbia
2014-03-31 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2014-03-28 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2014-03-28 Judgment on leave sent to the parties
2014-03-27 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 CA040429, 2013 BCCA 407, dated September 20, 2013, is granted with costs in the cause. The parties will be invited to file, within 15 days of the granting of leave, written submissions of not more than 10 pages regarding the role and status of the Conseil scolaire francophone de la Colombie-Britannique in the appeal, and in particular whether it should be an appellant rather than a respondent.
Granted, with costs in the cause
2014-03-25 Supplemental document, copy of order signed by parties in the Supreme Court of British Columbia dated 2013-06-24. Association des parents de l'école Rose-des-vents
2014-03-24 Supplemental document, copy of reasons for judgment of the Supreme Court of British Columbia dated 2013-06-24. Association des parents de l'école Rose-des-vents
2014-03-24 Supplemental document, Copy of supplemental reasons of the Court of Appeal for British Columbia dated 2014-01-31. Association des parents de l'école Rose-des-vents
2014-03-24 Supplemental document, Copy of a Supplementary Order submitted to the Court of Appeal of British Columbia on 2014-03-21. Association des parents de l'école Rose-des-vents
2014-03-24 Correspondence received from, applicants, forwarding copies of orders and draft orders with respect to costs made in the Court of Appeal of British Columbia and the Supreme Court of British Columbia. Association des parents de l'école Rose-des-vents
2014-03-10 Correspondence received from, Mark C. Power re: change of counsel Conseil scolaire francophone de la Colombie-Britannique
2014-03-03 All materials on application for leave submitted to the Judges, LeB Ka Wa
2013-12-20 Applicant's reply to respondent's argument, (Book Form), Completed on: 2013-12-20 Association des parents de l'école Rose-des-vents
2013-12-16 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-12-16 Conseil scolaire francophone de la Colombie-Britannique
2013-12-16 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-12-16 Ministry of Education of British Columbia
2013-12-10 Correspondence received from, David Cowie re: change of counsel Ministry of Education of British Columbia
2013-11-21 Correspondence received from, Applicant re: return of CA order form Association des parents de l'école Rose-des-vents
2013-11-18 Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order
2013-11-15 Application for leave to appeal, (Book Form), Final CA order missing. (rec'd 2013-01-08) (4 volumes), Completed on: 2013-11-15 Association des parents de l'école Rose-des-vents