Docket

36866

Ronald James Aitkens v. Her Majesty the Queen (Alberta Securities Commission)

(Alberta) (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)
2017-03-02 Appeal closed
2017-02-27 Transcript received, (joint with 36865) 115 pages
2017-02-27 Formal judgment sent to the registrar of the court of appeal and all parties
2017-02-27 Judgment on appeal and notice of deposit of judgment sent to all parties
2017-02-24 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 1503-0197A, 2015 ABCA 407, dated December 21, 2015, was heard on February 14, 2017, and the Court on February 24, 2017, delivered the following judgment:

THE COURT — The appeal is dismissed. We conclude that the appellant was not entitled to a trial by jury, substantially for the reasons of the majority of the Court of Appeal, 2015 ABCA 407, 609 A.R. 352.
Dismissed
2017-02-14 Judgment reserved OR rendered with reasons to follow
2017-02-14 Hearing of the appeal, 2017-02-14, (joint with 36865), CJ Abe Mo Ka Wa Ga Côt Br Row
Judgment reserved
2017-02-14 Intervener's condensed book, (Book Form), (joint with 36865) (14 copies) Submitted in courtroom. Ontario Securities Commission
2017-02-14 Appellant's condensed book, (Book Form), (14 copies) Submitted in courtroom. Ronald James Aitkens
2017-02-13 Intervener's condensed book, (Book Form), (joint with 36865) (14 copies) Distributed in courtroom. Attorney General of Alberta
2017-02-13 Respondent's condensed book, (Book Form), (joint with 36865) (14 copies) Distributed in Courtroom. Her Majesty the Queen (Alberta Securities Commission)
2017-02-13 Correspondence received from, (Letter Form), (joint with 36865) Michelle Groundwater (by email). 3 reserved seats. Ontario Securities Commission
2017-02-10 Correspondence received from, (Letter Form), Sarena Forsyth (by email). The appellant will include s. 92(15) of the Constitution Act in their condensed book. , (Electronic version filed on 2017-02-10) Ronald James Aitkens
2017-02-09 Correspondence received from, (Letter Form), (joint with 36865) Karen Collins (by email). 6 reserved seats. Her Majesty the Queen (Alberta Securities Commission)
2017-02-09 Correspondence received from, (Letter Form), (joint with 36865) D. Lynne Watt (by email). Counsel for the Attorneys General of Canada, Ontario and Alberta have agreed that Mr. Normey, on behalf of the Attorney General of Alberta, should present his oral argument before counsel for the Attorney General of Canada and Ontario., (Electronic version filed on 2017-02-09) Attorney General of Alberta
2017-02-07 Notice of appearance, (Letter Form), (Joint with 36865) Marianne Zoric and Jeannette Gevikoglu will be appearing. Ms. Zoric will present oral argument. Attorney General of Canada
2017-02-07 Order by, Justice Côté (Joint with 36865), Côt, FURTHER TO THE ORDER dated November 17, 2016, granting leave to intervene to the Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Quebec, the Canadian Constitution Foundation and the Ontario Securities Commission in both appeals and granting leave to intervene to the British Columbia Civil Liberties Association and the Canadian Civil Liberties Association in the appeal Jeremy James Peers v. Her Majesty the Queen (Alberta Securities Commission) and Attorney General of Alberta (36865);
IT IS HEREBY FURTHER ORDERED THAT:
The said interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals.
The Attorney General of Alberta is granted permission to present oral argument not exceeding twenty-five (25) minutes at the hearing of the appeals.
Granted
2017-02-06 Notice of appearance, (Letter Form), (joint with 36865) Matthew Horner and Jennifer Luong will be appearing. Mr. Horner will present oral argument. Attorney General of Ontario
2017-02-06 Intervener's book of authorities, (Book Form), (joint with 36865), Completed on: 2017-02-06, (Electronic version filed on 2017-02-06) Attorney General of Quebec
2017-02-06 Intervener's factum, (Book Form), (joint with 36865), Completed on: 2017-02-06, (Electronic version filed on 2017-02-06) Attorney General of Quebec
2017-02-03 Correspondence received from, (Letter Form), (joint with 36865) Robert Normey (by email). Letter regarding the time for oral argument. , (Electronic version filed on 2017-02-03) Attorney General of Alberta
2017-02-02 Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2017-02-02) Ronald James Aitkens
2017-02-01 Notice of appearance, (Letter Form), (joint with 36865) Hugh Craig and Carlo Rossi will be appearing. Mr. Craig will present oral argument. Ontario Securities Commission
2017-02-01 Appellant's record, (Book Form), SUPPLEMENTAL, Completed on: 2017-02-01, (Electronic version filed on 2017-02-01) Ronald James Aitkens
2017-01-31 Notice of appearance, (Letter Form), (joint with 36865) Don Young and Robert Stack will be appearing. Mr. Young will present oral argument. Her Majesty the Queen (Alberta Securities Commission)
2017-01-31 Notice of appearance, (Letter Form), (joint with 36865) Darryl Cruz, Brandon kain and Byron Shaw will be appearing. Mr. Cruz will present oral argument. Canadian Constitution Foundation
2017-01-31 Notice of appearance, (Letter Form), Brendan Miller and Joshua Sutherland will be appearing. Mr. Miller will present oral argument. Ronald James Aitkens
2017-01-30 Notice of appearance, (Letter Form), (joint with 36865) No one appearing Attorney General of Quebec
2017-01-30 Intervener's book of authorities, (Book Form), (joint with 36865), Completed on: 2017-01-30, (Electronic version filed on 2017-01-30) Canadian Constitution Foundation
2017-01-30 Intervener's factum, (Book Form), (Joint with 36865), Completed on: 2017-01-30, (Electronic version filed on 2017-01-30) Canadian Constitution Foundation
2017-01-30 Intervener's book of authorities, (Book Form), (Joint with 36865) Proof of service missing (received 2017-01-31), Completed on: 2017-02-02, (Electronic version filed on 2017-01-30) Attorney General of Ontario
2017-01-30 Intervener's factum, (Book Form), (Joint with 36865) Proof of service missing (received 2017-01-31), Completed on: 2017-02-02, (Electronic version filed on 2017-01-30) Attorney General of Ontario
2017-01-30 Intervener's book of authorities, (Book Form), (joint with 36865), Completed on: 2017-01-30, (Electronic version filed on 2017-01-30) Attorney General of Canada
2017-01-30 Intervener's factum, (Book Form), (joint with 36865), Completed on: 2017-01-30, (Electronic version filed on 2017-01-30) Attorney General of Canada
2017-01-27 Intervener's book of authorities, (Book Form), (Joint with 36865). Electronic version filed on 2017-01-30., Completed on: 2017-01-27 Ontario Securities Commission
2017-01-27 Intervener's factum, (Book Form), (Joint with 36865). Electronic version filed on 2017-01-30., Completed on: 2017-01-27 Ontario Securities Commission
2017-01-27 Correspondence received from, (Letter Form), Michelle Groundwater (by email). Mr. Carlo Rossi is co-counsel for the intervener. Ontario Securities Commission
2017-01-26 Notice of appearance, (Letter Form), (joint with 36865) Robert J. Normey will be appearing and presenting an oral argument. Attorney General of Alberta
2017-01-11 Order on motion to extend time, BY JUSTICE CÔTÉ (Joint with 36865)
2017-01-11 Decision on motion to extend time, (Joint with 36865), Côt, UPON APPLICATION by the intervener, the Attorney General of Quebec, for an order extending the time to serve and file its Factum and Book of Authorities to February 6, 2017;
AND THE MATERIAL FILED having been read;
AND NOTING the consent of the appellants and the respondent;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2017-01-11 Submission of motion to extend time, Côt
2017-01-09 Correspondence received from, (Book Form), Me Pierre Landry, email correspondence - the respondent consents to the motion for the ext. of time. Attorney General of Quebec
2017-01-09 Correspondence received from, (Letter Form), Mme Chantal Decoste, email correspondence - the AG of Alberta consents to the motion for the ext. of time. Attorney General of Quebec
2017-01-09 Response to motion to extend time, (Letter Form), Completed on: 2017-01-09 Ronald James Aitkens
2016-12-22 Motion to extend time, (Letter Form), Joint with 36865 - To serve and file the factum, Completed on: 2016-12-22, (Printed version filed on 2016-12-29) Attorney General of Quebec
2016-11-25 Correspondence received from, Marianne Zoric dated 2016-11-25. Re: Will be new counsel on file Attorney General of Canada
2016-11-23 Notice of hearing sent to parties
2016-11-18 Appeal perfected for hearing
2016-11-17 Order on motion for leave to intervene, (by JUSTICE CÔTÉ)
2016-11-17 Decision on the motion for leave to intervene, Côt, UPON APPLICATIONS by the Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Quebec, the Canadian Constitution Foundation and the Ontario Securities Commission for leave to intervene in the above appeals;
AND UPON APPLICATION by the British Columbia Civil Liberties Association for leave to intervene in the appeal Jeremy James Peers v. Her Majesty the Queen (Alberta Securities Commission) and Attorney General of Alberta (36865);
AND UPON APPLICATIONS by the Canadian Civil Liberties Association for an extension of time to serve their motion for leave to intervene and for leave to intervene in the appeal Jeremy James Peers v. Her Majesty the Queen (Alberta Securities Commission) and Attorney General of Alberta (36865);
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time is granted.
The motions for leave to intervene of the Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Quebec, the Canadian Constitution Foundation and the Ontario Securities Commission in both appeals are granted and the said interveners shall be entitled to each serve and file a single factum common to both appeals not to exceed ten (10) pages in length, on or before January 30, 2017.
The motions for leave to intervene of the British Columbia Civil Liberties Association and the Canadian Civil Liberties Association are granted and the said interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length, on or before January 30, 2017, in the appeal Jeremy James Peers v. Her Majesty the Queen (Alberta Securities Commission) and Attorney General of Alberta (36865).
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 intervention.
Granted
2016-11-17 Submission of motion for leave to intervene, Côt
2016-11-16 Appeal hearing scheduled, 2017-02-14
Judgment reserved
2016-11-14 Intervener's book of authorities, (Book Form), Joint with 36865, Completed on: 2016-11-14, (Electronic version filed on 2016-11-14) Attorney General of Alberta
2016-11-14 Intervener's factum, (Book Form), Completed on: 2016-11-14, (Electronic version filed on 2016-11-14) Attorney General of Alberta
2016-11-14 Respondent's book of authorities, (Book Form), Joint with 36865, Completed on: 2016-11-14, (Electronic version filed on 2016-11-14) Her Majesty the Queen (Alberta Securities Commission)
2016-11-14 Respondent's factum, (Book Form), Joint with 36865, Completed on: 2016-11-14, (Electronic version filed on 2016-11-14) Her Majesty the Queen (Alberta Securities Commission)
2016-11-10 Order on motion to extend time, (by THE CHIEF JUSTICE)
2016-11-10 Order on motion to state a constitutional question, (by THE CHIEF JUSTICE)
2016-11-10 Decision on motion to extend time, see order on motion to state constitutional questions, CJ
Granted
2016-11-10 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant for an order stating constitutional questions in the above appeal and extending the time within which the appellant may serve and file his motion;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
1. The motion to extend the time to serve and file the motion to state constitution questions is granted; and
2. The motion for an order stating constitutional questions is dismissed.
Dismissed
2016-11-10 Submission of motion to extend time, CJ
2016-11-10 Submission of motion to state a constitutional question, CJ
2016-11-08 Motion to extend time, (Letter Form), (Included in the motion to state a constitutional question), To serve and file to Notice of motion to state a constitutional question, Completed on: 2016-11-08, (Electronic version filed on 2016-11-08) Ronald James Aitkens
2016-11-08 Motion to state a constitutional question, (Letter Form), Service to come, Completed on: 2016-11-08, (Electronic version filed on 2016-11-08) Ronald James Aitkens
2016-10-20 Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-10-20, (Printed version filed on 2016-10-20) Attorney General of Alberta
2016-10-18 Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-10-18, (Printed version filed on 2016-10-18) Ronald James Aitkens
2016-10-17 Motion for leave to intervene, (Book Form), Joint with 36865, Completed on: 2016-10-17, (Electronic version filed on 2016-10-17) Canadian Constitution Foundation
2016-10-17 Motion for leave to intervene, (Book Form), Joint with 36865, Completed on: 2016-10-17 Attorney General of Ontario
2016-10-14 Motion for leave to intervene, (Letter Form), joint with 36865, Completed on: 2016-10-17, (Printed version filed on 2016-10-17) Attorney General of Quebec
2016-10-13 Certificate (on limitations to public access), (Book Form), (Electronic version due on 2016-10-20) Ontario Securities Commission
2016-10-13 Notice of name, (Book Form), (Electronic version due on 2016-10-20) Ontario Securities Commission
2016-10-13 Motion for leave to intervene, (Book Form), Joint with 36865, Completed on: 2016-10-13, (Electronic version due on 2016-10-20) Ontario Securities Commission
2016-10-11 Response to the motion for leave to intervene, (Letter Form), Joint with 26865, Completed on: 2016-10-11 Her Majesty the Queen (Alberta Securities Commission)
2016-10-11 Response to the motion for leave to intervene, (Letter Form), Joint with 36865, Completed on: 2016-10-11 Attorney General of Alberta
2016-10-07 Motion for leave to intervene, (Book Form), Joint with 36866, Completed on: 2016-10-07 Attorney General of Canada
2016-09-20 Appellant's book of authorities, (Book Form), Supplemental, Completed on: 2016-09-20, (Electronic version filed on 2016-09-22) Ronald James Aitkens
2016-09-19 Appellant's book of authorities, (Book Form), Completed on: 2016-09-19, (Electronic version filed on 2016-09-19) Ronald James Aitkens
2016-09-19 Appellant's record, (Book Form), Completed on: 2016-09-19, (Electronic version filed on 2016-09-19) Ronald James Aitkens
2016-09-19 Appellant's factum, (Book Form), Completed on: 2016-09-19, (Electronic version filed on 2016-09-19) Ronald James Aitkens
2016-06-27 Notice of appeal, (Letter Form), Completed on: 2016-06-27, (Electronic version filed on 2016-06-27) Ronald James Aitkens
2016-05-30 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2016-05-27 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2016-05-27 Judgment on leave sent to the parties
2016-05-26 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 1503-0197-A, 2015 ABCA 407, dated December 21, 2015, is granted with costs in the cause.
Granted, with costs in the cause
2016-05-02 All materials on application for leave submitted to the Judges, CJ Mo Ga
2016-04-04 Applicant's reply to respondent's argument, (Book Form), Amended version received 2016-04-12., Completed on: 2016-04-04, (Electronic version filed on 2016-04-04) Ronald James Aitkens
2016-03-23 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-03-23) Her Majesty the Queen (Alberta Securities Commission)
2016-03-23 Notice of name, (Letter Form), (Electronic version filed on 2016-03-23) Her Majesty the Queen (Alberta Securities Commission)
2016-03-23 Respondent's response on the application for leave to appeal, (Book Form), joint with 36865., Completed on: 2016-03-23, (Electronic version filed on 2016-03-23) Her Majesty the Queen (Alberta Securities Commission)
2016-03-10 Correspondence received from, (Letter Form), Robert Normey, Attorney General of Alberta re: they won't participate. Attorney General of Alberta
2016-02-25 Correspondence received from, (Letter Form), agent of the applicant : confirmation of the status of the Attorney General of Alberta., (Electronic version filed on 2016-02-25) Ronald James Aitkens
2016-02-23 Letter acknowledging receipt of a complete application for leave to appeal, file opened 2016-02-23.
2016-02-19 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-02-19) Ronald James Aitkens
2016-02-19 Application for leave to appeal, (Book Form), CA Order missing. Received 2016-02-24., Completed on: 2016-02-19, (Electronic version filed on 2016-02-19) Ronald James Aitkens