Docket

36456

Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth, et al. v. Her Majesty the Queen in Right of Ontario, et al.

(Ontario) (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)
2016-10-27 Appeal closed
2016-10-21 Formal judgment sent to the registrar of the court of appeal and all parties
2016-10-21 Judgment on appeal and notice of deposit of judgment sent to all parties
2016-10-20 Judgment on the appeal rendered, CJ Abe Cro Mo Ka Wa Ga Côt Br,
The appeal from the judgment of the Court of Appeal for Ontario, Number C57131, 2015 ONCA 158, dated March 13, 2015, heard on May 19, 2016, is allowed without costs. Paragraph 1 of the order of the Court of Appeal is set aside and paragraph 1 of the order of Winkler C.J.O., dated June 28, 2013, is restored. The cross-appeal is dismissed without costs.
Allowed, without costs
2016-10-20 Judgment on the cross-appeal rendered, see judgment on appeal., CJ Abe Cro Mo Ka Wa Ga Côt Br
Dismissed, without costs
2016-06-02 Transcript received, joint with 35843 (130 pages).
2016-05-19 Judgment reserved OR rendered with reasons to follow
2016-05-19 Respondent's condensed book, (Book Form), submitted in Court (14 copies). Attorney General of Canada
2016-05-19 Respondent's condensed book, (Book Form), submitted in Court (14 copies). Her Majesty the Queen in Right of Alberta
2016-05-19 Respondent's condensed book, (Book Form), submitted in Court (14 copies). Fund Counsel for Ontario
2016-05-19 Appellant's condensed book, (Book Form), submitted in Court (14 copies). Fund Counsel for Ontario
2016-05-19 Appellant's condensed book, (Book Form), submitted in Court (14 copies). Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2016-05-19 Hearing of the appeal, 2016-05-19, CJ Abe Cro Mo Ka Wa Ga Côt Br
Judgment reserved
2016-05-16 Correspondence received from, (Book Form), Counsel for the Appellants, Ms. Shantona Chaudhury - will refer to Supplementary Book of Authorities in her oral arguments at the hearing. 11 paper copies of the Supplementary Book of Authorities received 2016-05-18., (Electronic version filed on 2016-05-18) Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2016-05-16 Correspondence received from, (Letter Form), agent for the Appellants : adding two pages to the Joint Appellants Record., (Electronic version filed on 2016-05-17) Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2016-05-16 Supplemental document, (Book Form), Supplemental Book of Authorities., Completed on: 2016-05-16, (Electronic version filed on 2016-05-16) Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2016-05-16 Order on motion to extend time, by Justice Karakatsanis
2016-05-16 Decision on motion to extend time, Ka, UPON APPLICATION by the appellants/respondents on cross-appeal, for an order granting an extension of time to serve and file their factum of the respondents on cross-appeal and any related book of authorities to May 13, 2016;
AND THE MATERIAL FILED having been read;
AND NOTING THAT the Attorney General of Canada, Her Majesty the Queen in Right of Ontario, Fund Counsel for Ontario, Her Majesty the Queen in Right of Alberta, Her Majesty the Queen in Right of Saskatchewan, Her Majesty the Queen in Right of Manitoba, Her Majesty the Queen in Right of New Brunswick, Her Majesty the Queen in Right of Prince Edward Island, Her Majesty the Queen in Right of Nova Scotia, Her Majesty the Queen in Right of Newfoundland and Labrador, the Government of the Northwest Territories, the Government of Nunavut and the Government of the Yukon Territory consent to the motion;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2016-05-16 Submission of motion to extend time, Ka
2016-05-13 Respondent's factum - cross appeal, (Book Form), Also received separately 2016-05-16., Completed on: 2016-05-13, (Electronic version filed on 2016-05-13) Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2016-05-13 Motion to extend time, (Book Form), (Included in the respondent's factum - cross appeal), to serve and file the Factum of the Respondents on Cross-Appeal., Completed on: 2016-05-13, (Electronic version filed on 2016-05-13) Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2016-05-06 Order by, (JUSTICE CROMWELL), Cro, FURTHER TO THE ORDER dated March 14, 2016, granting leave to intervene to the Attorney General of Quebec;
IT IS HEREBY FURTHER ORDERED THAT:
The intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2016-05-05 Correspondence received from, (Letter Form), Pierre Landry, agent for the intervener, Attorney General of Québec stating they won't make any oral arguments., (Electronic version filed on 2016-05-05) Attorney General of Quebec
2016-05-05 Notice of appearance, Paul J. Pape and Shantona Chaudhury will appear at the hearing on behalf of the Appellants. Mr. Pape and Ms. Chaudhury will make the oral arguments. Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2016-05-05 Notice of appearance, Caroline Zayid, H. Michael Rosenberg and Adam Goldenberg will be presents at the hearing for the Respondents, Attorney General of Alberta, et al. Ms. Zayid will make the oral arguments. Her Majesty the Queen in Right of Alberta
2016-05-04 Intervener's book of authorities, (Book Form), Completed on: 2016-05-04, (Electronic version filed on 2016-05-04) Attorney General of Quebec
2016-05-04 Intervener's factum, (Book Form), Completed on: 2016-05-04, (Electronic version filed on 2016-05-04) Attorney General of Quebec
2016-05-02 Notice of appearance, Robert J. Frater, Q.C. and Kathryn Hucal will be presents at the hearing on behalf of the Respondent, Attorney General of Canada. Mr. Frater will be presenting the oral submissions. Attorney General of Canada
2016-04-27 Correspondence received from, (Letter Form), Sharon D. Matthews, Q.C., counsel for the Appellant in 35843 regarding the counsel sheet for the hearing (sequence of apparition and time allowed)., (Electronic version filed on 2016-04-27) Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2016-04-25 Notice of appearance, John E. Callaghan and Alex Zavaglia will be appearing on behalf of the Appelants, Fund Counsel For Ontario. Mr. Callaghan will make the oral arguments. Fund Counsel for Ontario
2016-04-25 Notice of appearance, Joshua Hunter, Lynne McArtle and Brent Kettles will be appearing for the Respondent, Her Majesty the Queen in Right of Ontario. Mr. Hunter and Mr. Kettles will make the oral arguments. Her Majesty the Queen in Right of Ontario
2016-04-20 Correspondence received from, (Letter Form), agent for the applicant re: change in the style of cause and Order from the Ontario Superior Court of Justice to continue the proceedings., (Electronic version filed on 2016-04-20) Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2016-04-12 Appeal perfected for hearing
2016-04-07 Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-04-07) Her Majesty the Queen in Right of Ontario
2016-04-07 Respondent's record, (Book Form), Completed on: 2016-04-07, (Electronic version filed on 2016-04-07) Her Majesty the Queen in Right of Ontario
2016-04-07 Respondent's book of authorities, (Book Form), (3 volumes), Completed on: 2016-04-07, (Electronic version filed on 2016-04-07) Her Majesty the Queen in Right of Ontario
2016-04-07 Respondent's factum, (Book Form), Completed on: 2016-04-07, (Electronic version filed on 2016-04-07) Her Majesty the Queen in Right of Ontario
2016-04-07 Respondent's book of authorities, (Book Form), (2 volumes), Completed on: 2016-04-07, (Electronic version filed on 2016-04-07) Her Majesty the Queen in Right of Alberta
2016-04-07 Respondent's factum, (Book Form), Completed on: 2016-04-07, (Electronic version filed on 2016-04-07) Her Majesty the Queen in Right of Alberta
2016-04-07 Respondent's book of authorities, (Book Form), joint with 35843., Completed on: 2016-04-07, (Electronic version filed on 2016-04-07) Attorney General of Canada
2016-04-07 Respondent's factum, (Book Form), joint with 35843., Completed on: 2016-04-07, (Electronic version filed on 2016-04-07) Attorney General of Canada
2016-04-01 Correspondence received from, Ms. Chaudhury re: amended authorities and changes to appellants factum (amended correspondence rec'd 2016-04-04) sent to the Court 2016-04-04 Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2016-03-14 Order on motion for leave to intervene, (by JUSTICE CROMWELL)
2016-03-14 Decision on the motion for leave to intervene, Cro, UPON APPLICATION by the Attorney General of Quebec for leave to intervene in the appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene is granted and the said intervener shall be entitled to serve and file a factum not exceeding twenty (20) pages in length on or before May 4, 2016.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener.
The intervener is 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 intervener shall pay to the appellants and the respondents any additional disbursements occasioned to the appellants and respondents by her intervention.
Granted
2016-03-14 Submission of motion for leave to intervene, Cro
2016-03-11 Response to the motion for leave to intervene, Completed on: 2016-03-11 Her Majesty the Queen in Right of Ontario
2016-03-10 Response to the motion for leave to intervene, (Letter Form), do not oppose, Completed on: 2016-03-10, (Printed version filed on 2016-03-10) Her Majesty the Queen in Right of Alberta
2016-03-10 Response to the motion for leave to intervene, (Letter Form), take no position, Completed on: 2016-03-10, (Printed version filed on 2016-03-10) Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2016-03-09 Response to the motion for leave to intervene, (Letter Form), does not take a position, Completed on: 2016-03-09, (Printed version filed on 2016-03-09) Fund Counsel for Ontario
2016-03-03 Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-03-03, (Printed version filed on 2016-03-03) Attorney General of Canada
2016-03-03 Motion for leave to intervene, (Letter Form), Completed on: 2016-03-03, (Electronic version filed on 2016-03-03) Attorney General of Quebec
2016-03-02 Order by, (Joint with 35843), CJ, These appeals are adjourned and shall be scheduled to be heard on May 19, 2016.
Adjourned
2016-03-02 Appeal hearing scheduled, 2016-05-19, EARLY START - 9:00am - (previously scheduled for May 17, 2016.)
Judgment reserved
2016-03-01 Order on motion to add or substitute parties, by Justice Cromwell
2016-03-01 Decision on motion to add or substitute parties, Cro, UPON APPLICATION by Her Majesty the Queen in Right of Alberta, Her Majesty the Queen in Right of Saskatchewan, Her Majesty the Queen in Right of Manitoba, Her Majesty the Queen in Right of New Brunswick, Her Majesty the Queen in Right of Prince Edward Island, Her Majesty the Queen in Right of Nova Scotia, Her Majesty the Queen in Right of Newfoundland and Labrador, the Government of the Northwest Territories, the Government of Nunavut and the Government of the Yukon Territory (joint) for an order pursuant to Rules 18(5) and 22(4) of the Rules of the Supreme Court of Canada, to be added as a Respondent Party to the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.
The single factum, record and book of authorities of Her Majesty the Queen in Right of Alberta, Her Majesty the Queen in Right of Saskatchewan, Her Majesty the Queen in Right of Manitoba, Her Majesty the Queen in Right of New Brunswick, Her Majesty the Queen in Right of Prince Edward Island, Her Majesty the Queen in Right of Nova Scotia, Her Majesty the Queen in Right of Newfoundland and Labrador, the Government of the Northwest Territories, the Government of Nunavut and the Government of the Yukon Territory (joint) shall be no more than forty (40) pages and shall be served and filed no later than April 7, 2016.
Granted
2016-03-01 Submission of motion to add or substitute parties, Cro
2016-02-25 Correspondence received from, the proposed respondents. re: Role as a party. Her Majesty the Queen in Right of Alberta
2016-02-12 Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-02-12) Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2016-02-12 Notice of hearing sent to parties
2016-02-12 Response to motion to add or substitute parties, Completed on: 2016-02-12 Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2016-02-11 Response to motion to add or substitute parties, (Letter Form), Completed on: 2016-02-11, (Printed version filed on 2016-02-11) Her Majesty the Queen in Right of Ontario
2016-02-11 Response to motion to add or substitute parties, Completed on: 2016-02-11 Fund Counsel for Ontario
2016-02-11 Appellant's book of authorities, (Book Form), (Amended Authorities 1 volume rec'd 2016-04-01), Completed on: 2016-02-11, (Electronic version filed on 2016-02-11) Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2016-02-11 Appellant's record, (Book Form), (3 volumes), Joint Record of the Apellant. Two pages added under Tab 26, Order of Winkler R.S.J. dated March 8, 2007 (filed 2016-05-16)., Completed on: 2016-02-11, (Electronic version filed on 2016-02-11) Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2016-02-11 Appellant's factum, (Book Form), New pages 41 to 43 amended sent to the Court 2016-04-04, Completed on: 2016-02-11, (Electronic version filed on 2016-02-11) Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2016-02-11 Appellant's book of authorities, (2 volumes), Completed on: 2016-02-11 Fund Counsel for Ontario
2016-02-11 Appellant's factum, Completed on: 2016-02-11 Fund Counsel for Ontario
2016-02-08 Response to motion to add or substitute parties, (Letter Form), Completed on: 2016-02-08, (Printed version filed on 2016-02-08) Attorney General of Canada
2016-02-03 Other book of authorities, (Book Form), Completed on: 2016-02-03 Her Majesty the Queen in Right of Alberta
2016-02-03 Motion to add or substitute parties, (Book Form), Completed on: 2016-02-03, (Electronic version filed on 2016-02-03) Her Majesty the Queen in Right of Alberta
2016-01-11 Order by, Côt, FURTHER TO THE JUDGMENT dated November 5, 2015, inviting the parties to file submissions regarding the role and status of Fund Counsel for Ontario 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:
Fund Counsel for Ontario 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.
The factum, record and book of authorities of Fund Counsel for Ontario shall be served and filed no later than February 11, 2016.
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
2016-01-05 Notice of change of counsel, Matthew Sullivan and Paul B. Vickery will be replaced by Robert Frater and Kathryn Hucal. Attorney General of Canada
2015-12-14 Correspondence received from, (Letter Form), Shantona Chaudhury, counsel for the appellants, re: surviving appellants will continue with the appeal Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2015-12-04 Notice of appeal, Completed on: 2016-01-11 Fund Counsel for Ontario
2015-12-04 Correspondence received from, (Letter Form), Lynne Watt rec'd by email re: Fund Counsel's Notice of Appeal, (Electronic version filed on 2015-12-04) Fund Counsel for Ontario
2015-12-03 Notice of suggestion of death, Ms. Chaudhury re: passing of Ms. Dianna Louise Parsons
2015-12-03 Notice of appeal, (Letter Form), Completed on: 2015-12-03, (Electronic version filed on 2015-12-03) Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2015-12-03 Correspondence received from, (Letter Form), Mr. Pape rec'd by email re: notice of death of one of the appellants and should the executor which to continue the proceeding, they will file a motion under rule 18 a.s.a.p., (Electronic version filed on 2015-12-03) Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2015-11-23 Correspondence received, from Mr. John Callaghan on behalf of Fund Counsel of Ontario, letter dated Nov.20/2015 - re: status and role of Fund Counsel - response to submissions made by counsel for the AGO.
2015-11-20 Correspondence received from, Counsel for the Appellants, re: appellants take no position as to the status of Fund Counsel on this appeal. Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2015-11-20 Supplemental document, (Submissions as per judgment dated November 5/15, Completed on: 2015-11-20 Her Majesty the Queen in Right of Ontario
2015-11-20 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2015-11-19 Correspondence received, from Mr. John Callaghan on behalf of Fund Counsel of Ontario, letter dated Nov.18/2015 - re: status and role of Fund Counsel.
2015-11-18 Order by, CJ, THE CHIEF JUSTICE:
IT IS HEREBY ORDERED THAT:
1. The appellants’ records, factums and books of authorities shall be served and filed on or before February 11, 2016.
2. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before March 3, 2016.
3. The appellants and respondents shall serve and file their responses, if any, to the motions for leave to intervene on or before March 10, 2016.
4. Replies to any responses to the motions for leave to intervene shall be served and filed on or before March 14, 2016.
5. The respondents’ records, factums and books of authorities shall be served and filed on or before April 7, 2016.
6. Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before May 4, 2016.
Granted
2015-11-06 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2015-11-06 Judgment on leave sent to the parties
2015-11-05 Judgment of the Court on the application for leave to appeal, The motion for extension of time to serve and file the application for leave to appeal is granted. The applications for leave to appeal and to cross-appeal from the judgment of the Court of Appeal for Ontario, Number C57131, 2015 ONCA 158, dated March 13, 2015, are granted without costs. The appeal and the cross-appeal are to be heard with Anita Endean, as representative plaintiff v. Her Majesty the Queen in Right of the Province of British Columbia, et al. (35843). The parties are invited to file, within fifteen (15) days of the granting of leave, written submissions of not more than ten (10) pages regarding the role and status of Fund Counsel for Ontario, and in particular whether it should be an appellant rather than a respondent.
Granted, without costs
2015-11-05 Judgment of the Court on the application for leave to cross-appeal, See Judgment on leave application.
Granted, without costs
2015-11-05 Decision on motion to extend time to file and /or serve the leave application, See Judgment on leave application.
Granted, no order as to costs
2015-10-28 Correspondence received from, (Letter Form), Paul J. Pape re: party status (cc. to all parties), (Electronic version filed on 2015-10-28) Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2015-10-13 All materials on application for leave submitted to the Judges, CJ Mo Ga
2015-10-13 All material on the application for leave to cross-appeal submitted to the Judges, CJ Mo Ga
2015-10-13 Submission of motion to extend time to file and/ or serve the leave application, CJ Mo Ga
2015-10-02 Correspondence (sent by the Court) to, Michael Rosenberg, re: standing of the Provincial and Territorial Governments
2015-09-14 Correspondence received from, (Letter Form), Michael Rosenberg re: Status of Provincial and Territorial Governments (cc. to all parties), (Electronic version filed on 2015-09-14) Her Majesty the Queen in Right of Alberta
2015-09-04 Reply to the memorandum in response to the argument on cross-appeal, (Book Form), Completed on: 2015-09-04, (Electronic version filed on 2015-09-04) Her Majesty the Queen in Right of Ontario
2015-08-25 Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-08-25, (Electronic version filed on 2015-08-28) Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2015-08-25 Memorandum of argument in response to the cross-appeal, (Book Form), (Included in the applicant's reply to respondent's argument), Completed on: 2015-08-25, (Electronic version filed on 2015-08-28) Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2015-07-07 Correspondence received from, (Letter Form), Ms. Major rec'd by e-mail re: confirming the participation of Fund Counsel for Ontario, (Electronic version filed on 2015-07-07) Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2015-07-07 Correspondence received from, (Letter Form), Ms Watt rec'd by e-mail re: filing of decision of the ONSC dated 2013-05-24 and 2015-03-13 showing the participation befotre the Court by the Fund Counsel for Ontario as a respondent, (Electronic version filed on 2015-07-07) Fund Counsel for Ontario
2015-06-29 Correspondence received from, Gowlings re: letter explaining the participation of Fund Counsel for Ontario Fund Counsel for Ontario
2015-06-29 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-06-29) Fund Counsel for Ontario
2015-06-29 Book of authorities, (Book Form) Fund Counsel for Ontario
2015-06-29 Other memorandum of argument on application for leave, (Book Form) Fund Counsel for Ontario
2015-06-29 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-06-26) Her Majesty the Queen in Right of Alberta
2015-06-29 Respondent's response on the application for leave to appeal, (Letter Form), Takes no position on the leave application or the cross-appeal and wishes to participate if either one is granted, Completed on: 2015-06-29, (Electronic version filed on 2015-06-26) Her Majesty the Queen in Right of Alberta
2015-06-25 Application for leave to cross-appeal, (Book Form), (Included in the respondent's response on the application for leave to appeal), Completed on: 2015-06-26, (Electronic version filed on 2015-06-25) Her Majesty the Queen in Right of Ontario
2015-06-25 Book of authorities, (Book Form), (Vol. 1 an 2) , (Electronic version filed on 2015-06-25) Her Majesty the Queen in Right of Ontario
2015-06-25 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-06-25) Her Majesty the Queen in Right of Ontario
2015-06-25 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-07-10, (Electronic version filed on 2015-06-25) Her Majesty the Queen in Right of Ontario
2015-05-28 Letter acknowledging receipt of an incomplete application for leave to appeal, (File open)
2015-05-26 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-05-26) Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2015-05-26 Book of authorities, (Book Form) Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2015-05-26 Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2015-05-26, (Electronic version filed on 2015-05-26) Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth
2015-05-26 Application for leave to appeal, (Book Form), Completed on: 2015-05-28, (Electronic version filed on 2015-05-26) Dianna Louise Parsons, deceased by her Estate Administrator, William John Forsyth