Docket

37722

TELUS Communications Inc. v. Avraham Wellman

(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)
2018-11-16 Transcript received, 140 pages
2018-11-06 Judgment reserved OR rendered with reasons to follow
2018-11-06 Hearing of the appeal, 2018-11-06, CJ Abe Mo Ka Ga Côt Br Row Mar
Decision reserved
2018-11-06 Intervener's condensed book, (Book Form), 14 copies (Submitted in Court) Consumers' Association of Canada
2018-11-06 Intervener's condensed book, (Book Form), 14 copies (Submitted in Court) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-11-06 Intervener's condensed book, (Book Form), 14 copies (Submitted in Court) Attorney General of British Columbia
2018-11-06 Respondent's condensed book, (Book Form), 14 copies (Submitted in Court) Avraham Wellman
2018-11-06 Appellant's condensed book, (Book Form), 14 copies (Submitted in Court) TELUS Communications Inc.
2018-11-02 Correspondence received from, Eli Karp will also be present at the hearing. Avraham Wellman
2018-11-01 Respondent's record, (Book Form), Supplemental Record, Completed on: 2018-11-01 Avraham Wellman
2018-10-29 Notice of appearance, (Letter Form), Daniel E. H. Bach and Tyler J. Planeta will be present at the hearing. Mr. Bach will present oral arguments. Consumers' Association of Canada
2018-10-24 Notice of appearance, (Letter Form), Joel P. Rochon, Peter R. Jervis and Golnaz Nayerahmadi will be present at the hearing. Mr. Rochon and Mr. Jervis will present oral arguments. Avraham Wellman
2018-10-24 Notice of appearance, (Letter Form), Mohsen Seddigh and Daniel Hamson will be present at the hearing. Mr. Seddigh will present oral arguments. Public Interest Advocacy Centre
2018-10-23 Correspondence received from, (Letter Form), Request for a total of 10 minutes for oral arguments at the hearing of the appeal, and a request to have law student sit at counsel table. Canadian Federation of Independent Business
2018-10-23 Notice of appearance, (Letter Form), Mr. Anthony Daimsis will be present at the hearing and will present oral arguments. Canadian Federation of Independent Business
2018-10-23 Notice of appearance, (Letter Form), Marina Pavlovic and Cynthia Khoo will be present at the hearing. Ms. Pavlovic will present oral arguments. Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-10-23 Correspondence received from, (Letter Form), 2 reserved seats requested TELUS Communications Inc.
2018-10-23 Notice of appearance, (Letter Form), D. Geoffrey Cowper, Q.C., Andrew D. Borrell, Alexandra Mitretodis and Alan Dabb will be present at the hearing. Mr. Cowper will present oral arguments. TELUS Communications Inc.
2018-10-23 Notice of appearance, (Letter Form), Brandon Kain, Adam Goldenberg and Ljiljana Stanic will be present at the hearing. Mr. Kain will present oral arguments. Canadian Chamber of Commerce
2018-10-23 Notice of appearance, (Letter Form), Jonathan Eades and James L. Maxwell will be present at the hearing. Mr. Eades will present oral arguments. Attorney General of British Columbia
2018-10-04 Reply factum on appeal, (Book Form), Completed on: 2018-10-04 Avraham Wellman
2018-10-04 Reply factum on appeal, (Book Form), Completed on: 2018-10-04 TELUS Communications Inc.
2018-10-04 Notice of appearance, (Letter Form), Michael Eizenga, Andrew Little, Ranjan Agarwal and Charlotte Harman will be present at the hearing. Mr. Eizenga will present oral arguments. ADR Chambers Inc.
2018-09-27 Intervener's book of authorities, (Book Form), Completed on: 2018-09-27 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-09-27 Intervener's factum, (Book Form), Completed on: 2018-09-27 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-09-27 Intervener's factum, (Book Form), Completed on: 2018-09-27 Public Interest Advocacy Centre
2018-09-27 Intervener's factum, (Book Form), Completed on: 2018-09-27 Canadian Federation of Independent Business
2018-09-27 Certificate (on limitations to public access), (Letter Form) Canadian Chamber of Commerce
2018-09-27 Intervener's book of authorities, (Book Form), Completed on: 2018-09-27 Canadian Chamber of Commerce
2018-09-27 Intervener's factum, (Book Form), Completed on: 2018-09-27 Canadian Chamber of Commerce
2018-09-27 Certificate (on limitations to public access), (Letter Form) ADR Chambers Inc.
2018-09-27 Intervener's factum, (Book Form), Completed on: 2018-09-27 ADR Chambers Inc.
2018-09-27 Intervener's factum, (Book Form), Completed on: 2018-09-27 Consumers' Association of Canada
2018-09-27 Intervener's book of authorities, (Book Form), Completed on: 2018-09-27 Attorney General of British Columbia
2018-09-27 Intervener's factum, (Book Form), Completed on: 2018-09-27 Attorney General of British Columbia
2018-09-20 Order on motion to file a reply factum on appeal, (by MARTIN J.)
2018-09-20 Decision on the motion to file a reply factum on appeal, Mar,
UPON APPLICATION by the appellant for an order granting permission to serve and file a factum not exceeding five (5) pages in reply to the factums of the interveners, on or before October 4, 2018;
AND THE MATERIAL FILED having been read;
AND NOTING THAT the respondent takes no position on the motion;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2018-09-20 Submission of motion to file a reply factum on appeal, Mar
2018-09-07 Response to motion to file a reply factum on appeal, (Letter Form), Completed on: 2018-09-07 Avraham Wellman
2018-08-29 Motion to file a reply factum on appeal, (Book Form), Payment missing (received 2018-08-30)., Completed on: 2018-08-30 TELUS Communications Inc.
2018-08-28 Notice of hearing sent to parties
2018-08-21 Correspondence received from, (Letter Form), D. Geoffrey G. Cowper, Q.C.. Request for permission to file a reply factum to the interventions. TELUS Communications Inc.
2018-08-20 Appeal hearing scheduled, 2018-11-06
Decision reserved
2018-08-16 Order on motion for leave to intervene, (by MARTIN J.)
2018-08-16 Decision on the motion for leave to intervene, Mar,
UPON APPLICATION by the Attorney General of British Columbia, ADR Chambers Inc., the Canadian Chamber of Commerce, the Consumers Council of Canada, the Public Interest Advocacy Centre, the Canadian Federation of Independent Business, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic and the Consumers’ Association of Canada 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 are granted.
The Attorney General of British Columbia, ADR Chambers Inc., the Canadian Chamber of Commerce, the Canadian Federation of Independent Business, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic and the Consumers’ Association of Canada shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before September 27, 2018, and are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The Consumers Council of Canada and the Public Interest Advocacy Centre shall be entitled to jointly serve and file a factum not to exceed ten (10) pages in length on or before September 27, 2018, and are granted permission to present joint oral argument not exceeding five (5) minutes at the hearing of the appeal.
The respondent is granted permission to serve and file a factum not exceeding five (5) pages in reply to these interventions on or before October 4, 2018.
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 resulting from their interventions.
Granted
2018-08-16 Submission of motion for leave to intervene, Mar
2018-08-16 Appeal perfected for hearing
2018-08-13 Certificate of counsel (attesting to record), (Letter Form) Avraham Wellman
2018-08-13 Respondent's book of authorities, (Book Form), Completed on: 2018-08-13 Avraham Wellman
2018-08-13 Respondent's record, (Book Form), Completed on: 2018-08-13 Avraham Wellman
2018-08-13 Respondent's factum, (Book Form), Completed on: 2018-08-13 Avraham Wellman
2018-08-01 Correspondence (sent by the Court) to, the respondent and the Attorney General of British Columbia. Letter from the Registrar regarding the filing deadlines.
2018-07-31 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-07-31 Attorney General of British Columbia
2018-07-31 Reply to the motion for leave to intervene, (Letter Form), joint with the Public Interest Advocacy Centre., Completed on: 2018-07-31 Public Interest Advocacy Centre
2018-07-30 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-07-30 Canadian Federation of Independent Business
2018-07-30 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-07-30 Consumers' Association of Canada
2018-07-26 Response to the motion for leave to intervene, Completed on: 2018-07-26 Avraham Wellman
2018-07-24 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-07-24 TELUS Communications Inc.
2018-07-23 Response to the motion for leave to intervene, (Book Form), Completed on: 2018-07-23 TELUS Communications Inc.
2018-07-17 Notice of name, (Letter Form) Canadian Federation of Independent Business
2018-07-16 Notice of name, (Letter Form) Consumers' Association of Canada
2018-07-16 Motion for leave to intervene, (Book Form), Completed on: 2018-07-16, (Electronic version filed on 2018-07-17) Consumers' Association of Canada
2018-07-16 Notice of name, (Letter Form) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-07-16 Motion for leave to intervene, (Book Form), Completed on: 2018-07-16 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-07-16 Motion for leave to intervene, (Book Form), Form 14 missing (received 2018-07-17)., Completed on: 2018-07-17 Canadian Federation of Independent Business
2018-07-13 Notice of name, (Letter Form) Attorney General of British Columbia
2018-07-13 Motion for leave to intervene, (Book Form), Completed on: 2018-07-13, (Printed version filed on 2018-07-18) Attorney General of British Columbia
2018-07-13 Certificate (on limitations to public access), (Letter Form) Public Interest Advocacy Centre
2018-07-13 Notice of name, (Letter Form) Public Interest Advocacy Centre
2018-07-13 Motion for leave to intervene, (Book Form), 1 copy missing (received 2018-07-16)., Completed on: 2018-07-17 Public Interest Advocacy Centre
2018-07-13 Certificate (on limitations to public access), (Letter Form) Consumers Council of Canada
2018-07-13 Notice of name, (Letter Form) Consumers Council of Canada
2018-07-13 Motion for leave to intervene, (Book Form), 1 copy missing (received 2018-07-16)., Completed on: 2018-07-17 Consumers Council of Canada
2018-07-13 Notice of name, (Letter Form) ADR Chambers Inc.
2018-07-13 Notice of name, (Letter Form) Canadian Chamber of Commerce
2018-07-13 Motion for leave to intervene, (Book Form), Payment missing (received 2018-07-19)., Completed on: 2018-07-19 Canadian Chamber of Commerce
2018-07-12 Motion for leave to intervene, (Book Form), Form 14 missing (received 2018-07-13)., Completed on: 2018-07-16 ADR Chambers Inc.
2018-06-19 Certificate of counsel (attesting to record), (Letter Form) TELUS Communications Inc.
2018-06-18 Appellant's book of authorities, (Book Form), Completed on: 2018-06-18 TELUS Communications Inc.
2018-06-18 Appellant's record, (Book Form), Certificate 24 missing-rec'd 2018/06/19, Completed on: 2018-06-19 TELUS Communications Inc.
2018-06-18 Appellant's factum, (Book Form), Completed on: 2018-06-18 TELUS Communications Inc.
2018-04-23 Notice of appeal, (Letter Form), Completed on: 2018-04-23 TELUS Communications Inc.
2018-03-28 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2018-03-23 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2018-03-23 Judgment on leave sent to the parties
2018-03-22 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 for Ontario, Number C59812, 2017 ONCA 433, dated May 31, 2017, is granted with costs in the cause.
Granted, with costs in the cause
2018-02-19 All materials on application for leave submitted to the Judges, Mo Ka Côt, for consideration by the Court
2018-01-29 Correspondence received from, (Letter Form), Yael Wexler (by email). Sophie Arseneault is agent for the applicant. TELUS Communications Inc.
2017-10-27 Correspondence received from, (Letter Form), TELUS Communications Company no longer exists, and all assets and liabilities have been transferred to TELUS Communications Inc. Request change name of application without a formal motion. TELUS Communications Inc.
2017-10-10 Applicant's reply to respondent's argument, (Letter Form), Completed on: 2017-10-10 TELUS Communications Inc.
2017-10-02 Certificate (on limitations to public access) Avraham Wellman
2017-10-02 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-10-02 Avraham Wellman
2017-09-18 Correspondence received from, (Letter Form), Return of the CA Order Form; Order will be filed 2017/09/22 TELUS Communications Inc.
2017-09-01 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2017/09/01
2017-08-30 Notice of name, (Letter Form) TELUS Communications Inc.
2017-08-30 Certificate (on limitations to public access), (Letter Form) TELUS Communications Inc.
2017-08-30 Application for leave to appeal, (Book Form), CA Order missing-rec'd 2017/09/20, Completed on: 2017-09-20 TELUS Communications Inc.