Docket

36465

Corporation of the City of Windsor v. Canadian Transit Company

(Federal Court) (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)
2017-04-19 Appeal closed
2017-04-18 Discontinuance of the bill of costs, (Letter Form) Corporation of the City of Windsor
2017-03-13 Correspondence received from, the appellant. Parties are negotiating costs and would like to put the request for taxation in abeyance until April 17, 2017, to determine if the parties will settle costs. Corporation of the City of Windsor
2017-03-03 Bill of costs, Completed on: 2017-03-03 Corporation of the City of Windsor
2016-12-09 Formal judgment sent to the registrar of the court of appeal and all parties
2016-12-09 Judgment on appeal and notice of deposit of judgment sent to all parties
2016-12-08 Judgment on the appeal rendered, CJ Abe Cro Mo Ka Wa Ga Côt Br,
The appeal from the judgment of the Federal Court of Appeal, Number A-297-14, 2015 FCA 88, dated April 7, 2015, heard on April 21, 2016, is allowed. The order of the Federal Court of Appeal is set aside and the order of the Federal Court striking the Canadian Transit Company’s notice of application is reinstated. Costs are awarded to the Corporation of the City of Windsor in this Court and in the courts below. Abella, Moldaver, Côté and Brown JJ. are dissenting.
Allowed
2016-05-04 Transcript received, (97 pages)
2016-04-21 Judgment reserved OR rendered with reasons to follow
2016-04-21 Intervener's condensed book, Submitted in Court (14 copies) Federation of Canadian Municipalities
2016-04-21 Respondent's condensed book, Submitted in Court (14 copies) Canadian Transit Company
2016-04-21 Appellant's condensed book, Submitted in Court (14 copies) Corporation of the City of Windsor
2016-04-21 Hearing of the appeal, 2016-04-21, CJ Abe Cro Mo Ka Wa Ga Côt Br
Judgment reserved
2016-04-20 Correspondence received from, 6 reserved seats requested Canadian Transit Company
2016-04-20 Correspondence received from, 6 reserved seats requested Corporation of the City of Windsor
2016-04-15 Supplemental document, Second supplementary book of authorities, Completed on: 2016-04-15 Canadian Transit Company
2016-04-14 Supplemental document, Supplementary book of authorities, Completed on: 2016-04-15 Corporation of the City of Windsor
2016-04-08 Notice of appearance, Stéphane Émard-Chabot and Marie-France Major will be present at the hearing. Federation of Canadian Municipalities
2016-04-08 Order by, Cro, FURTHER TO THE ORDER dated February 24, 2016, granting leave to intervene to the Attorney General of Canada and the Federation of Canadian Municipalities;
IT IS HEREBY FURTHER ORDERED THAT:
The said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2016-04-08 Notice of appearance, Christopher Williams, Courtney Raphael and Jody Johnson will be present at the hearing. Corporation of the City of Windsor
2016-04-07 Notice of appearance, Sean Gaudet and Marc Ribeiro will be present at the hearing. Attorney General of Canada
2016-04-07 Certificate (on limitations to public access) Attorney General of Canada
2016-04-07 Intervener's book of authorities, Completed on: 2016-04-07 Attorney General of Canada
2016-04-07 Intervener's factum, Completed on: 2016-04-07 Attorney General of Canada
2016-04-07 Notice of appearance, John Laskin and James Gotowiec will be present at the hearing. Canadian Transit Company
2016-04-01 Intervener's book of authorities, Completed on: 2016-04-01 Federation of Canadian Municipalities
2016-04-01 Intervener's factum, Completed on: 2016-04-01 Federation of Canadian Municipalities
2016-03-29 Supplemental document, Supplemental book of authorities, Completed on: 2016-03-29 Canadian Transit Company
2016-03-16 Appeal perfected for hearing
2016-03-14 Respondent's book of authorities, Completed on: 2016-03-14 Canadian Transit Company
2016-03-14 Respondent's factum, Completed on: 2016-03-14 Canadian Transit Company
2016-02-24 Order on motion for leave to intervene, by Justice Cromwell
2016-02-24 Decision on the motion for leave to intervene, Cro, UPON APPLICATIONS by the Attorney General of Canada, the Corporation of the City of Mississauga, the City of Burnaby and the Union of British Columbia Municipalities (joint), and the Federation of Canadian Municipalities 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 Attorney General of Canada and the Federation of Canadian Municipalities are granted and each of the said two (2) interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length in this appeal on or before April 8, 2016.
The motions for leave to intervene by the Corporation of the City of Mississauga and the City of Burnaby and the Union of British Columbia Municipalities (joint) are dismissed.
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 respondent by their intervention.
The respondent’s request to file a five (5) page factum in reply to the submissions of the interveners or to extend its deadline for filing its response factum to a date after the interveners’ factums are filed, is dismissed.
Allowed in part
2016-02-24 Submission of motion for leave to intervene, Cro
2016-02-17 Reply to the motion for leave to intervene, Completed on: 2016-02-17 Corporation of the City of Mississauga
2016-02-17 Reply to the motion for leave to intervene, Completed on: 2016-02-17 Federation of Canadian Municipalities
2016-02-15 Notice of hearing sent to parties
2016-02-12 Response to the motion for leave to intervene, Completed on: 2016-02-12 Corporation of the City of Windsor
2016-02-12 Response to the motion for leave to intervene, Completed on: 2016-02-12 Canadian Transit Company
2016-02-10 Appeal hearing scheduled, 2016-04-21
Judgment reserved
2016-02-08 Motion for leave to intervene, (Book Form), Completed on: 2016-02-08, (Electronic version filed on 2016-02-08) Federation of Canadian Municipalities
2016-02-08 Motion for leave to intervene, (Book Form), Completed on: 2016-02-08, (Electronic version filed on 2016-02-08) Attorney General of Canada
2016-02-05 Notice of change of counsel, from Larry P. Lowqenstein of Olser, Hoskin to John B. Laskin of Tory LLP Canadian Transit Company
2016-02-05 Motion for leave to intervene, (Book Form), (filed jointly), Completed on: 2016-02-05, (Electronic version filed on 2016-02-05) City of Burnaby and Union of British Columbia Municipalities
2016-02-03 Motion for leave to intervene, (Book Form), Completed on: 2016-02-03, (Electronic version filed on 2016-02-03) Corporation of the City of Mississauga
2016-01-18 Appellant's book of authorities, (Book Form), Completed on: 2016-01-18 Corporation of the City of Windsor
2016-01-18 Appellant's record, (Book Form), (3 volumes), Completed on: 2016-01-18 Corporation of the City of Windsor
2016-01-18 Appellant's factum, (Book Form), Completed on: 2016-01-18 Corporation of the City of Windsor
2015-11-19 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2015-11-18 Order by, CJ, THE CHIEF JUSTICE:
IT IS HEREBY ORDERED THAT:
1. 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 February 8, 2016.
2. The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before February 15, 2016.
3. Replies to any responses to the motions for leave to intervene shall be served and filed on or before February 17, 2016.
4. 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 April 8, 2016.
Granted
2015-11-06 Notice of appeal, Completed on: 2015-11-06 Corporation of the City of Windsor
2015-10-09 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2015-10-09 Judgment on leave sent to the parties
2015-10-08 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-297-14, 2015 FCA 88, dated April 7, 2015, is granted with costs in the cause.
Granted, with costs in the cause
2015-08-24 All materials on application for leave submitted to the Judges, Cro Mo Ga
2015-08-17 Applicant's reply to respondent's argument, Completed on: 2015-08-17 Corporation of the City of Windsor
2015-08-05 Certificate (if inappropriate for a judge to take part in adjudication) Canadian Transit Company
2015-08-05 Certificate (on limitations to public access) Canadian Transit Company
2015-08-05 Notice of name Canadian Transit Company
2015-08-05 Respondent's response on the application for leave to appeal, Completed on: 2015-08-05 Canadian Transit Company
2015-06-12 Correspondence received from, Agent for the applicant, letter dated June 12, 2015 - re: Federal Court of Appeal amended an error at Paragraph 40, line 4 of its judgment. McNamera was changed to McNamara. Corporation of the City of Windsor
2015-06-05 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED JUNE 5, 2015
2015-06-05 Notice of name Corporation of the City of Windsor
2015-06-05 Certificate (on limitations to public access) Corporation of the City of Windsor
2015-06-05 Application for leave to appeal, (Book Form), Completed on: 2015-06-05 Corporation of the City of Windsor