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.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-01-31 | Order on miscellaneous motion, by Justice Moldaver (sent to parties electronically) | |
| 2022-01-31 | Order on motion to extend time, by Justice Moldaver | |
| 2022-01-31 | Decision on miscellaneous motion, Mo, UPON JOINT APPLICATION by the appellant and respondent for an order to extend the time to serve and file a motion for clarification and for clarification in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time is granted. The motion for clarification is dismissed for the following reasons: It is clear that at para. 105 of the reasons in TELUS Communications Inc. v. Wellman, 2019 SCC 19, [2019] 2 S.C.R. 144, released on April 4, 2019, the entire cost award issued by the Ontario Superior Court of Justice on November 25, 2014, was set aside. Dismissed |
|
| 2022-01-31 | Decision on motion to extend time, Mo, see judgment above Granted |
|
| 2022-01-31 | Submission of miscellaneous motion, Mo | |
| 2022-01-31 | Submission of motion to extend time, Mo | |
| 2022-01-14 | Notice of miscellaneous motion, (Book Form), (for clarification), Completed on: 2022-01-31 | TELUS Communications Inc. |
| 2022-01-14 | Motion to extend time, (Book Form), (joint motion by appellant and respondent) MISSING: Filing Fee, Incomplete, (Printed version due on 2022-01-21) |
TELUS Communications Inc. |
| 2019-07-09 | Correspondence (sent by the Court) to, Professor Jennifer Koshan, Associate Professor Shaun Fluker and Assistant Professor David V. Wright | |
| 2019-05-03 | Correspondence received, from Jennifer Koshan. | |
| 2019-04-05 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2019-04-05 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2019-04-04 | Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar, The appeal from the judgment of the Court of Appeal for Ontario, Number C59812, 2017 ONCA 433, dated May 31, 2017, heard on November 6, 2018, is allowed. The claims of the non-consumers are stayed. TELUS is awarded its costs in this Court and in the Court of Appeal. The cost award made by the Superior Court is set aside. Wagner C.J. and Abella, Karakatsanis and Martin JJ. dissent. Allowed, with costs |
|
| 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, 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. |
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