Docket
36636
Brent Bish on behalf of Ian Stewart v. Elk Valley Coal Corporation, Cardinal River Operations, et al.
(Alberta) (Civil) (By Leave)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2017-06-23 | Appeal closed | |
| 2017-06-16 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-06-16 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-06-15 | Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1403-0001-AC, 2015 ABCA 225, dated June 30, 2015, heard on December 9, 2016, is dismissed with costs to Elk Valley Coal Corporation, Cardinal River Operations. Gascon J. dissents. Dismissed, with costs |
|
| 2017-05-19 | Correspondence received from, (Letter Form), Council for the intervenor, Karen R. Spector, has changed her contact information. | Empowerment Council |
| 2016-12-23 | Transcript received, 119 pages | |
| 2016-12-09 | Judgment reserved OR rendered with reasons to follow | |
| 2016-12-09 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | Council of Canadians with Disabilities |
| 2016-12-09 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies), (Electronic version filed on 2016-12-09) | Ontario General Contractors Association, Ontario Formwork Association and Greater Toronto Sewer and Watermain Contractors Association |
| 2016-12-09 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | Construction Owners Association of Alberta, Construction Labour Relations - an Alberta Association, Enform Canada, Electrical Contractors Association of Alberta, Mining Association of Canada, Mining Association of British Columbia |
| 2016-12-09 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Alberta Human Rights Commission (Tribunal) |
| 2016-12-09 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Elk Valley Coal Corporation, Cardinal River Operations |
| 2016-12-09 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Brent Bish on behalf of Ian Stewart |
| 2016-12-09 | Hearing of the appeal, 2016-12-09, CJ Abe Mo Ka Wa Ga Côt Br Row | |
| 2016-12-06 | Correspondence received from, Ms. Ashcroft, Q.C. will limit her submissions to 10 minutes. | Alberta Human Rights Commission (Tribunal) |
| 2016-12-06 | Correspondence received from, 2 additional reserved seats requested | United Nurses of Alberta |
| 2016-12-02 | Correspondence received from, 4 reserved seats requested | Elk Valley Coal Corporation, Cardinal River Operations |
| 2016-12-02 | Notice of appearance, Peter A. Gall, Q.C., Andrea L. Zwack, and Benjamin J. Oliphant will be present for the hearing. Mr. Gall will present oral arguments. | Elk Valley Coal Corporation, Cardinal River Operations |
| 2016-11-29 | Correspondence received from, 3 reserved seats requested | Council of Canadians with Disabilities |
| 2016-11-28 | Notice of appearance, Ms. Janice R. Ashcroft, Q.C. will be present at the appeal and will present oral arguments. | Alberta Human Rights Commission (Tribunal) |
| 2016-11-24 | Correspondence received from, 3 reserved seat requested | United Nurses of Alberta |
| 2016-11-22 | Notice of appearance, Karen R. Spector and Mariam Shanouda will be present at the hearing. Ms. Spector will present oral arguments. | Council of Canadians with Disabilities |
| 2016-11-14 | Correspondence received from, 1 reserved seat requested | Ontario General Contractors Association, Ontario Formwork Association and Greater Toronto Sewer and Watermain Contractors Association |
| 2016-11-14 | Notice of appearance, Norm Keith and Marc Rodrigue will be present at the hearing. Mr. Keith will present oral arguments. | Construction Owners Association of Alberta, Construction Labour Relations - an Alberta Association, Enform Canada, Electrical Contractors Association of Alberta, Mining Association of Canada, Mining Association of British Columbia |
| 2016-11-14 | Notice of appearance, Ritu Khullar, Q.C. and Vanessa Cosco will be present at the appeal. Ms. Khullar, Q.C. will present oral arguments. | United Nurses of Alberta |
| 2016-11-14 | Notice of appearance, Mr. E. Wayne Benedict will be present at the hearing and will present oral arguments. | Brent Bish on behalf of Ian Stewart |
| 2016-11-10 | Notice of appearance, Barbara B. Johnston, Q.C. and April Kosten will be present at the hearing. Ms. Johnston will present oral arguments. | Construction Owners Association of Alberta, Construction Labour Relations - an Alberta Association, Enform Canada, Electrical Contractors Association of Alberta, Mining Association of Canada, Mining Association of British Columbia |
| 2016-11-01 | Order by, Justice Brown, Br, FURTHER TO THE ORDER dated August 12, 2016, granting leave to intervene to the Council of Canadians with Disabilities and the Empowerment Council (jointly); the Construction Owners Association of Alberta, Construction Labour Relations - an Alberta Association, Enform Canada, the Electrical Contractors Association of Alberta, the Mining Association of Canada, the Mining Association of British Columbia, the Ontario Mining Association, the Northwest Territories and Nunavut Chamber of Mines and the Saskatchewan Mining Association (jointly); the United Nurses of Alberta; the Ontario General Contractors Association, the Ontario Formwork Association and the Greater Toronto Sewer and Watermain Contractors Association (jointly); IT IS HEREBY FURTHER ORDERED THAT: The said four (4) interveners or groups of interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. The interveners are reminded of Rule 42(3). The interveners shall not in their submissions make any statement respecting the outcome of this appeal. Granted |
|
| 2016-10-07 | Intervener's book of authorities, (Book Form), Completed on: 2016-10-07, (Electronic version filed on 2016-10-07) | United Nurses of Alberta |
| 2016-10-07 | Intervener's factum, (Book Form), Completed on: 2016-10-07, (Electronic version filed on 2016-10-07) | United Nurses of Alberta |
| 2016-10-07 | Intervener's book of authorities, (Book Form), Completed on: 2016-10-07, (Electronic version filed on 2016-10-07) | Ontario General Contractors Association, Ontario Formwork Association and Greater Toronto Sewer and Watermain Contractors Association |
| 2016-10-07 | Intervener's factum, (Book Form), Completed on: 2016-10-07, (Electronic version filed on 2016-10-07) | Ontario General Contractors Association, Ontario Formwork Association and Greater Toronto Sewer and Watermain Contractors Association |
| 2016-10-06 | Intervener's book of authorities, (Book Form), Completed on: 2016-10-06, (Electronic version filed on 2016-10-06) | Council of Canadians with Disabilities |
| 2016-10-06 | Intervener's factum, (Book Form), Completed on: 2016-10-06, (Electronic version filed on 2016-10-06) | Council of Canadians with Disabilities |
| 2016-10-06 | Intervener's book of authorities, (Book Form), Completed on: 2016-10-06, (Electronic version filed on 2016-10-06) | Construction Owners Association of Alberta, Construction Labour Relations - an Alberta Association, Enform Canada, Electrical Contractors Association of Alberta, Mining Association of Canada, Mining Association of British Columbia |
| 2016-10-06 | Intervener's factum, (Book Form), Completed on: 2016-10-06, (Electronic version filed on 2016-10-06) | Construction Owners Association of Alberta, Construction Labour Relations - an Alberta Association, Enform Canada, Electrical Contractors Association of Alberta, Mining Association of Canada, Mining Association of British Columbia |
| 2016-09-15 | Notice of hearing sent to parties | |
| 2016-08-25 | Appeal perfected for hearing | |
| 2016-08-22 | Certificate (on limitations to public access) | Elk Valley Coal Corporation, Cardinal River Operations |
| 2016-08-22 | Respondent's book of authorities, Completed on: 2016-08-22 | Elk Valley Coal Corporation, Cardinal River Operations |
| 2016-08-22 | Respondent's factum, Completed on: 2016-08-22 | Elk Valley Coal Corporation, Cardinal River Operations |
| 2016-08-12 | Order on motion for leave to intervene, by Justice Brown | |
| 2016-08-12 | Decision on the motion for leave to intervene, Br, UPON APPLICATIONS by the Council of Canadians with Disabilities and the Empowerment Council (jointly); the Canadian Human Rights Commission; the Construction Owners Association of Alberta, Construction Labour Relations - an Alberta Association, Enform Canada, the Electrical Contractors Association of Alberta, the Mining Association of Canada, the Mining Association of British Columbia, the Ontario Mining Association, the Northwest Territories and Nunavut Chamber of Mines and the Saskatchewan Mining Association (jointly); the United Nurses of Alberta; the Ontario General Contractors Association, the Ontario Formwork Association and the Greater Toronto Sewer and Watermain Contractors Association (jointly); the Alberta Union of Provincial Employees and the Ontario Human Rights Commission, the Manitoba Human Rights Commission, the Saskatchewan Human Rights Commission and the Yukon Human Rights Commission (jointly); AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene by the Council of Canadians with Disabilities and the Empowerment Council (jointly); the Construction Owners Association of Alberta, Construction Labour Relations - an Alberta Association, Enform Canada, the Electrical Contractors Association of Alberta, the Mining Association of Canada, the Mining Association of British Columbia, the Ontario Mining Association, the Northwest Territories and Nunavut Chamber of Mines and the Saskatchewan Mining Association (jointly); the United Nurses of Alberta; the Ontario General Contractors Association, the Ontario Formwork Association and the Greater Toronto Sewer and Watermain Contractors Association (jointly); are granted and the said four (4) interveners or groups of interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before October 7, 2016. The motions for leave to intervene by the Canadian Human Rights Commission; the Alberta Union of Provincial Employees; and the Ontario Human Rights Commission, the Manitoba Human Rights Commission, the Saskatchewan Human Rights Commission and the Yukon Human Rights Commission (jointly) 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 respondents any additional disbursements occasioned to the appellant and respondents by their intervention. Allowed in part |
|
| 2016-08-12 | Submission of motion for leave to intervene, Br | |
| 2016-08-11 | Respondent's book of authorities, Completed on: 2016-08-11 | Alberta Human Rights Commission (Tribunal) |
| 2016-08-11 | Respondent's factum, Completed on: 2016-08-11 | Alberta Human Rights Commission (Tribunal) |
| 2016-08-11 | Correspondence received from, (Letter Form), Correspondence, re: Style of Cause - request to change to "Alberta Human Rights Commission (Tribunal)”. | Alberta Human Rights Commission (Tribunal) |
| 2016-08-10 | Appeal hearing scheduled, 2016-12-09, (EARLY START - 9:00 AM) | |
| 2016-08-09 | Reply to the motion for leave to intervene, Completed on: 2016-08-09 | Council of Canadians with Disabilities |
| 2016-08-04 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-08-04, (Printed version filed on 2016-08-04) | Alberta Human Rights Commission (Tribunal) |
| 2016-08-03 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-08-03, (Printed version filed on 2016-08-03) | Elk Valley Coal Corporation, Cardinal River Operations |
| 2016-07-25 | Motion for leave to intervene, (Book Form), payment to come, Completed on: 2016-07-25, (Electronic version filed on 2016-07-25) | Ontario Human Rights Commission, Manitoba Human Rights Commission, Saskatchewan Human Rights Commission, Yukon Human Rights Commission |
| 2016-07-25 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-25, (Electronic version filed on 2016-07-25) | Alberta Union of Provincial Employees |
| 2016-07-22 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-07-22) | Ontario General Contractors Association, Ontario Formwork Association and Greater Toronto Sewer and Watermain Contractors Association |
| 2016-07-22 | Notice of name, (Letter Form), (Electronic version filed on 2016-07-22) | Ontario General Contractors Association, Ontario Formwork Association and Greater Toronto Sewer and Watermain Contractors Association |
| 2016-07-22 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-22, (Electronic version filed on 2016-07-22) | Ontario General Contractors Association, Ontario Formwork Association and Greater Toronto Sewer and Watermain Contractors Association |
| 2016-07-22 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-22, (Electronic version filed on 2016-07-22) | United Nurses of Alberta |
| 2016-07-21 | Intervener's book of authorities, (Book Form), Completed on: 2016-07-21, (Electronic version due on 2016-07-28) | Construction Owners Association of Alberta, Construction Labour Relations - an Alberta Association, Enform Canada, Electrical Contractors Association of Alberta, Mining Association of Canada, Mining Association of British Columbia |
| 2016-07-21 | Notice of name, (Letter Form), One notice for each party-9 in total, (Electronic version due on 2016-07-28) | Construction Owners Association of Alberta, Construction Labour Relations - an Alberta Association, Enform Canada, Electrical Contractors Association of Alberta, Mining Association of Canada, Mining Association of British Columbia |
| 2016-07-21 | Certificate (on limitations to public access), (Letter Form), (Electronic version due on 2016-07-28) | Construction Owners Association of Alberta, Construction Labour Relations - an Alberta Association, Enform Canada, Electrical Contractors Association of Alberta, Mining Association of Canada, Mining Association of British Columbia |
| 2016-07-21 | Motion for leave to intervene, (Book Form), (4 volumes), Completed on: 2016-07-21, (Electronic version due on 2016-07-28) | Construction Owners Association of Alberta, Construction Labour Relations - an Alberta Association, Enform Canada, Electrical Contractors Association of Alberta, Mining Association of Canada, Mining Association of British Columbia |
| 2016-07-21 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-21, (Electronic version filed on 2016-07-21) | Canadian Human Rights Commission |
| 2016-07-15 | Intervener's book of authorities, (Book Form), Completed on: 2016-07-15 | Council of Canadians with Disabilities |
| 2016-07-15 | Motion for leave to intervene, (Book Form), joint motion for leave to intervene, Completed on: 2016-07-15, (Electronic version filed on 2016-07-15) | Council of Canadians with Disabilities |
| 2016-06-27 | Certificate of counsel (attesting to record) | Brent Bish on behalf of Ian Stewart |
| 2016-06-27 | Appellant's book of authorities, (2 volumes), Completed on: 2016-06-27 | Brent Bish on behalf of Ian Stewart |
| 2016-06-27 | Appellant's record, (3 volumes), Completed on: 2016-06-27 | Brent Bish on behalf of Ian Stewart |
| 2016-06-27 | Appellant's factum, Completed on: 2016-06-27 | Brent Bish on behalf of Ian Stewart |
| 2016-06-22 | Correspondence received from, (Letter Form), Correction to the E-mail of the Appelant's counsel. | Brent Bish on behalf of Ian Stewart |
| 2016-04-07 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2016-04-04 | Notice of appeal, Completed on: 2016-04-04 | Brent Bish on behalf of Ian Stewart |
| 2016-03-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-03-18 | Judgment on leave sent to the parties | |
| 2016-03-17 | 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 of Alberta (Edmonton), Number 1403-0001-AC, 2015 ABCA 225, dated June 30, 2015, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2016-02-17 | Respondent's response on the application for leave to appeal, (Letter Form), Will not be filing a response, Completed on: 2016-02-17 | Alberta Human Rights Commission (Tribunal) |
| 2016-02-15 | All materials on application for leave submitted to the Judges, Cro Wa Côt | |
| 2015-11-02 | Applicant's reply to respondent's argument, Completed on: 2015-11-02 | Brent Bish on behalf of Ian Stewart |
| 2015-10-28 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-10-28) | Elk Valley Coal Corporation, Cardinal River Operations |
| 2015-10-23 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-10-23, (Electronic version filed on 2015-10-26) | Elk Valley Coal Corporation, Cardinal River Operations |
| 2015-09-29 | Letter acknowledging receipt of an incomplete application for leave to appeal, File opened 2015-09-29 | |
| 2015-09-24 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-09-24) | Brent Bish on behalf of Ian Stewart |
| 2015-09-24 | Application for leave to appeal, (Book Form), CA orders received 2015-10-14, Completed on: 2015-10-15, (Electronic version filed on 2015-09-24) | Brent Bish on behalf of Ian Stewart |
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