Docket

36999

Corporation of the City of Nelson v. Mary Geraldine Mowatt, 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)
2017-02-21 Appeal closed
2017-02-20 Formal judgment sent to the registrar of the court of appeal and all parties
2017-02-20 Judgment on appeal and notice of deposit of judgment sent to all parties
2017-02-17 Judgment on the appeal rendered, CJ Mo Ka Wa Ga Côt Br,
The appeal from the judgments of the Court of Appeal for British Columbia (Vancouver), Numbers CA42449 and CA42450, 2016 BCCA 113, dated March 10, 2016, heard on October 7, 2016, is allowed. The decisions of the chambers judge are restored. Each party shall bear its own costs in this Court and in the courts below.
Allowed, costs in this Court and courts below
2016-10-21 Transcript received, 179 pages
2016-10-07 Judgment reserved OR rendered with reasons to follow
2016-10-07 Respondent's condensed book, Submitted in Court (14 copies) Mary Geraldine Mowatt
2016-10-07 Appellant's condensed book, Submitted in Court (14 copies) Corporation of the City of Nelson
2016-10-07 Hearing of the appeal, 2016-10-07, CJ Mo Ka Wa Ga Côt Br
Judgment reserved
2016-10-03 Notice of appearance, Barbara Carmichael and Cory Bargen will be present at the hearing. Ms. Carmichael will present oral pleadings. Attorney General of British Columbia
2016-10-03 Order by, JUSTICE BROWN, Br, FURTHER TO THE ORDER dated September 16, 2016, granting leave to intervene to the Attorney General of British Columbia;
IT IS HEREBY FURTHER ORDERED THAT:
The said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2016-09-29 Reply factum on appeal, (Letter Form), Completed on: 2016-09-29, (Printed version filed on 2016-09-29) Mary Geraldine Mowatt
2016-09-28 Notice of appearance, K. Michael Stephens, Stephanie McHugh and Ryan J.M. Androsoff will be present at the hearing. Mr. Stephens will present oral arguments. Mary Geraldine Mowatt
2016-09-28 Supplemental document, (Book Form), Book of Authorities, Completed on: 2016-09-28, (Electronic version filed on 2016-09-28) Mary Geraldine Mowatt
2016-09-27 Notice of appearance, Ryan D. W. Dalziel, A. Scott McW. Boucher and Daniel R. Bennett, Q.C. will be present at the hearing. Mr. Dalziel will present oral arguments. Corporation of the City of Nelson
2016-09-27 Appeal perfected for hearing
2016-09-26 Intervener's book of authorities, (Book Form), Completed on: 2016-09-26, (Electronic version filed on 2016-09-26) Attorney General of British Columbia
2016-09-26 Intervener's factum, (Book Form), Completed on: 2016-09-26, (Electronic version filed on 2016-09-26) Attorney General of British Columbia
2016-09-23 Respondent's factum, (Book Form), Completed on: 2016-09-27, (Electronic version filed on 2016-09-27) Mary Geraldine Mowatt
2016-09-23 Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-09-27) Mary Geraldine Mowatt
2016-09-23 Respondent's book of authorities, (Book Form), (4 volumes), Completed on: 2016-09-27, (Electronic version filed on 2016-09-27) Mary Geraldine Mowatt
2016-09-23 Respondent's record, (Book Form), (4 volumes), Completed on: 2016-09-27, (Electronic version filed on 2016-09-27) Mary Geraldine Mowatt
2016-09-16 Order on motion for leave to intervene, (by JUSTICE BROWN)
2016-09-16 Decision on the motion for leave to intervene, Br, UPON APPLICATION by the Attorney General of British Columbia for leave to intervene in the above 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 ten (10) pages in length on or before September 26, 2016.
The respondents are permitted to serve and file a single factum not exceeding five (5) pages in reply to the intervention on or before September 29, 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 appellant and respondents any additional disbursements occasioned to the appellant and respondents by their intervention.
Granted
2016-09-16 Submission of motion for leave to intervene, Br
2016-09-12 Response to the motion for leave to intervene, Completed on: 2016-09-12 Mary Geraldine Mowatt
2016-09-12 Response to the motion for leave to intervene, Completed on: 2016-09-12 Corporation of the City of Nelson
2016-09-07 Motion for leave to intervene, (Book Form), Completed on: 2016-09-07, (Electronic version filed on 2016-09-07) Attorney General of British Columbia
2016-08-31 Certificate of counsel (attesting to record) Corporation of the City of Nelson
2016-08-31 Appellant's book of authorities, (2 volumes), Completed on: 2016-08-31 Corporation of the City of Nelson
2016-08-31 Appellant's record, (5 volumes), Completed on: 2016-08-31 Corporation of the City of Nelson
2016-08-31 Appellant's factum, Completed on: 2016-08-31 Corporation of the City of Nelson
2016-08-16 Notice of hearing sent to parties
2016-08-10 Appeal hearing scheduled, 2016-10-07, (EARLY START 9:00am)
Judgment reserved
2016-07-20 Notice of appeal, (Letter Form), amended notice received 2016/07/25, Completed on: 2016-07-20, (Electronic version filed on 2016-07-20) Corporation of the City of Nelson
2016-07-15 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2016-07-15 Judgment on leave sent to the parties
2016-07-14 Correspondence (sent by the Court) to, all parties by mail, re: filing deadlines fixed by the Registrar. Letter signed by the Registrar. Filing timetable: Notice of Appeal due 7/20/16; Appellant’s documents due 8/31/16; Motion for leave to intervene due 9/7/16; Responses to motions for leave to intervene due 9/12/16; Replies to responses due 9/14/16; Respondents’ documents due 9/23/16.
2016-07-14 Judgment of the Court on the application for leave to appeal, The motion to file a single application for leave to appeal is granted. The motion to expedite the proceedings, abridge time and hold a joint hearing with Ostiguy, et al. v. Allie (36694) is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA42449 and CA42450, 2016 BCCA 113, dated March 10, 2016, is granted. The schedule for serving and filing materials will be set by the Registrar.
Granted
2016-07-14 Decision on the miscellaneous motion, see judgment on leave application.
Granted
2016-07-14 Decision on motion to expedite the application for leave to appeal, see judgment on leave application.
Granted
2016-06-22 Correspondence (sent by the Court) to, Mr. Stephens re: returning correspondence in response to AGBC
2016-06-22 Correspondence (sent by the Court) to, Mr. Carmichael re: returning the response filed on behalf of the AGBC
2016-06-20 All materials on application for leave submitted to the Judges, CJ Mo Ga
2016-06-20 Submission of miscellaneous motion, CJ Mo Ga
2016-06-20 Submission of motion to expedite the application for leave to appeal, CJ Mo Ga
2016-06-08 Applicant's reply to respondent's argument, (Letter Form), Completed on: 2016-06-08, (Electronic version filed on 2016-06-08) Corporation of the City of Nelson
2016-05-30 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-06-01, (Electronic version filed on 2016-05-30) Mary Geraldine Mowatt
2016-05-30 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-05-30) Mary Geraldine Mowatt
2016-05-26 Response to miscellaneous motion, (Letter Form), Completed on: 2016-05-26, (Electronic version filed on 2016-05-26) Mary Geraldine Mowatt
2016-05-25 General proceeding, (Letter Form), Formal Order Form Corporation of the City of Nelson
2016-05-19 General proceeding, (Letter Form), Change of Agent Attorney General of British Columbia
2016-05-16 Reply to motion to expedite the application for leave to appeal, (Letter Form), Completed on: 2016-05-16, (Electronic version filed on 2016-05-16) Corporation of the City of Nelson
2016-05-16 Notice of miscellaneous motion, (Book Form), to join , Completed on: 2016-05-25, (Electronic version filed on 2016-05-16) Corporation of the City of Nelson
2016-05-16 Response to the motion to expedite the application for leave to appeal, (Letter Form), Completed on: 2016-05-16, (Electronic version filed on 2016-05-16) Mary Geraldine Mowatt
2016-05-11 Correspondence (sent by the Court) to, all parties, re: Mr. Gib van Ert has not had and will not have any involvement whatsoever in this file, in his role as Executive Legal Officer at the Court
2016-05-10 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, (File open)
2016-05-06 Notice of name, (Letter Form), (Electronic version filed on 2016-05-06) Corporation of the City of Nelson
2016-05-06 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-05-06) Corporation of the City of Nelson
2016-05-06 Motion to expedite the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2016-05-06, (Electronic version filed on 2016-05-06) Corporation of the City of Nelson
2016-05-06 Application for leave to appeal, (Book Form), CA Orders missing (Order form rec'd 2016-05-25), Completed on: 2016-09-07, (Electronic version filed on 2016-05-06) Corporation of the City of Nelson