Docket

37725

J.W. and REO Law Corporation v. Attorney General of Canada, et al.

(Manitoba) (Civil) (By Leave)

(Sealing order)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2019-08-26 Appeal closed
2019-08-26 Order on miscellaneous motion, by WAGNER C.J. AND ABELLA, MOLDAVER, KARAKATSANIS, CÔTÉ, BROWN AND ROWE JJ.
2019-08-26 Decision on miscellaneous motion, CJ Abe Mo Ka Côt Br Row,
UPON APPLICATION by the appellants for an order removing the Chief Adjudicator of the Indian Residential Schools Adjudication Secretariat as a party in the above-referenced matter, pursuant to Rules 18 and 47 of the Rules of the Supreme Court of Canada;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is adjourned sine die.
Adjourned Sine Die
2019-08-26 Submission of miscellaneous motion, CJ Abe Mo Ka Côt Br Row
2019-07-26 Correspondence received from, (Letter Form), Stuart Wuttke. RE: Motion to remove party. Assembly of First Nations
2019-07-23 Correspondence received from, (Letter Form), Catherine Boies Parker, Q.C.. RE: Motion to remove party. Chief Adjudicator, Indian Residential Schools Adjudication Secretariat
2019-07-19 Correspondence received from, (Letter Form), Dayna Anderson. RE: Motion to remove party. Attorney General of Canada
2019-06-06 Correspondence received from, (Letter Form), Moira Dillon. RE: Motion to remove a party. J.W. and REO Law Corporation
2019-04-15 Formal judgment sent to the registrar of the court of appeal and all parties
2019-04-15 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-04-12 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row, The appeal from the judgment of the Court of Appeal of Manitoba, Number AI16-30-08701, 2017 MBCA 54, dated May 30, 2017, heard on October 10, 2018, is allowed with costs. The reconsideration adjudicator’s decision is reinstated, with interest. Brown and Rowe JJ. dissent.
Allowed, with costs
2018-12-07 Correspondence received from, Change address Attorney General of Canada
2018-10-24 Transcript received, 107 pages
2018-10-18 Correspondence received from, (Letter Form), Counsel for the Appellant, re: webcast J.W. and REO Law Corporation
2018-10-16 Correspondence received from, (Letter Form), AG Canada and Chief Adjudicator - re: webcast Attorney General of Canada
2018-10-10 General proceeding, (Letter Form), Questionnaire regarding sealing Order
Assembly of First Nations
2018-10-10 General proceeding, (Letter Form), Questionnaire regarding sealing Order Chief Adjudicator, Indian Residential Schools Adjudication Secretariat
2018-10-10 General proceeding, (Letter Form), Questionnaire regarding sealing Order Attorney General of Canada
2018-10-10 General proceeding, (Letter Form), Questionnaire regarding sealing Order J.W. and REO Law Corporation
2018-10-10 Judgment reserved OR rendered with reasons to follow
2018-10-10 Hearing of the appeal, 2018-10-10, CJ Abe Mo Ka Côt Br Row
Judgment reserved
2018-10-10 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Assembly of First Nations
2018-10-10 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Chief Adjudicator, Indian Residential Schools Adjudication Secretariat
2018-10-10 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Attorney General of Canada
2018-10-10 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) J.W. and REO Law Corporation
2018-10-09 Correspondence received from, (Letter Form), Attorney General of Canada; The respondents will be splitting their time 30 minutes each. Attorney General of Canada
2018-10-09 Correspondence received from, (Letter Form), Chief Adjudicator-will be including new authorities in their Condensed book. Chief Adjudicator, Indian Residential Schools Adjudication Secretariat
2018-10-04 Correspondence received from, (Letter Form), Outline of how their time will be used at the hearing. Assembly of First Nations
2018-10-04 Notice of appearance, (Letter Form), Updated Notice of Appearance: Mr. Arvay will use 30 of the respondents joint 60 minutes. Chief Adjudicator, Indian Residential Schools Adjudication Secretariat
2018-10-02 General proceeding, (Letter Form), with respect to the motion to remove the Chief Adjudicator as a party. Chief Adjudicator, Indian Residential Schools Adjudication Secretariat
2018-10-01 Response to miscellaneous motion, (Letter Form), Completed on: 2018-10-01, (Printed version due on 2018-10-09) Attorney General of Canada
2018-09-28 Reply to miscellaneous motion, (Letter Form), Completed on: 2018-09-28, (Printed version filed on 2018-10-01) J.W. and REO Law Corporation
2018-09-26 Response to miscellaneous motion, (Letter Form), Completed on: 2018-09-26 Chief Adjudicator, Indian Residential Schools Adjudication Secretariat
2018-09-24 Notice of appearance, (Letter Form), Karim Ramji will be present at the hearing and will present oral arguments. K.B.
2018-09-20 Correspondence received from, (Included in the notice of appearance), 2 reserved seats requested J.W. and REO Law Corporation
2018-09-20 Notice of appearance, (Letter Form), Martin U. Kramer and Richard E. Olschewski will be present at the hearing. Mr. Kramer will present oral arguments. J.W. and REO Law Corporation
2018-09-20 Response to miscellaneous motion, (Letter Form), Completed on: 2018-09-20 Independent Counsel
2018-09-19 Notice of miscellaneous motion, (Letter Form), for the removal of a party., Completed on: 2018-09-19 J.W. and REO Law Corporation
2018-09-17 Correspondence received from, (Included in the notice of appearance), 4 reserved seats requested Chief Adjudicator, Indian Residential Schools Adjudication Secretariat
2018-09-17 Notice of appearance, (Letter Form), Joseph J. Arvay, Q.C., Susan E. Ross and David Q. L. Wu will be present at the hearing. Mr. Arvay will present oral arguments. Chief Adjudicator, Indian Residential Schools Adjudication Secretariat
2018-09-17 Correspondence received from, (Letter Form), 3 reserved seats requested Independent Counsel
2018-09-17 Correspondence (sent by the Court) to, the parties. A motion is requested from the appellants with respect to their request to have the Chief Adjudicator removed as a party.
2018-09-13 Correspondence received from, (Included in the notice of appearance), 2 reserved seats requested Assembly of First Nations
2018-09-13 Notice of appearance, (Letter Form), Stuart Wuttke and Julie McGregor will be present at the hearing. Mr. Wuttke will present oral arguments. Assembly of First Nations
2018-09-13 Correspondence received from, (Letter Form), Reply to respondent's response to the request to have the Chief Adjudicator removed as a party. J.W. and REO Law Corporation
2018-09-13 Correspondence received from, (Letter Form), Response to the Appellants' request to have the Chief Adjudicator removed as a party to this appeal. Chief Adjudicator, Indian Residential Schools Adjudication Secretariat
2018-09-13 Notice of appearance, (Letter Form), David Schulze, Maryse Décarie-Daigneault and David P. Taylor will be present at the appeal. Mr. Schulze will present oral arguments. Independent Counsel
2018-09-12 Correspondence received from, (Letter Form), 4 reserved seats requested Attorney General of Canada
2018-09-12 Notice of appearance, (Letter Form), Mitchell R. Taylor, Q.C. and Dayna Anderson will be present at the hearing of the appeal. Mr. Taylor will present oral arguments. Attorney General of Canada
2018-09-12 Correspondence received from, (Letter Form), Copy of the decision on the Motion to Stay from the Court of Appeal for Ontario. Chief Adjudicator, Indian Residential Schools Adjudication Secretariat
2018-09-11 Correspondence received from, (Letter Form), Request to have Chief Adjudicator removed as a party to this appeal further to the Order of Perell J J.W. and REO Law Corporation
2018-08-21 Notice of hearing sent to parties
2018-08-20 Appeal hearing scheduled, 2018-10-10
Judgment reserved
2018-08-02 Correspondence received from, (Letter Form), Authorities Sealed - copy of sealing Order Independent Counsel
2018-08-02 Certificate (on limitations to public access), (Letter Form), 23B Independent Counsel
2018-08-02 Intervener's book of authorities, (Book Form), SEALED; 2 redacted copied filed 2018/08/02, Completed on: 2018-08-02 Independent Counsel
2018-08-02 Intervener's factum, (Book Form), Amended electronic factum rec'd 2018/09/20 adding bookmarks to the document., Completed on: 2018-08-02 Independent Counsel
2018-08-01 Intervener's factum, (Book Form), Completed on: 2018-08-01 K.B.
2018-07-05 Appeal perfected for hearing
2018-07-03 Certificate (on limitations to public access), 23B Attorney General of Canada
2018-06-27 Certificate (on limitations to public access), (Letter Form), 23A Attorney General of Canada
2018-06-27 Certificate of counsel (attesting to record), (Letter Form) Attorney General of Canada
2018-06-27 Respondent's record, (Book Form), Completed on: 2018-06-27 Attorney General of Canada
2018-06-27 Respondent's factum, (Book Form), Completed on: 2018-06-27 Attorney General of Canada
2018-06-27 Certificate (on limitations to public access), (Letter Form), Form 23B Chief Adjudicator, Indian Residential Schools Adjudication Secretariat
2018-06-27 Respondent's book of authorities, (Book Form), Completed on: 2018-06-27 Chief Adjudicator, Indian Residential Schools Adjudication Secretariat
2018-06-27 Respondent's factum, (Book Form), Completed on: 2018-06-27 Chief Adjudicator, Indian Residential Schools Adjudication Secretariat
2018-06-21 Order on motion for leave to intervene, by Justice Karakatsanis (sent by fax June 21, 2018)
2018-06-21 Decision on the motion for leave to intervene, Ka, UPON APPLICATIONS by K.B. and the Independent Counsel 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 and the said two (2) interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before August 2, 2018.
The said two (2) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
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.

The request by the Independent Counsel to include a statement with respect to the outcome of the appeal in its written factum is dismissed.

The request by the Attorney General of Canada to serve and file a reply factum in response to the interveners’ facta is dismissed.
Granted
2018-06-21 Submission of motion for leave to intervene, (2 motions), Ka
2018-06-18 Certificate (on limitations to public access), (Letter Form), Form 23B Assembly of First Nations
2018-06-18 Respondent's factum, (Book Form), Completed on: 2018-06-18 Assembly of First Nations
2018-06-05 Reply to the motion for leave to intervene, (Letter Form), (to AGC's response), Completed on: 2018-06-05 Independent Counsel
2018-06-04 Response to the motion for leave to intervene, (Letter Form), (by K.B.), Completed on: 2018-06-04 Chief Adjudicator, Indian Residential Schools Adjudication Secretariat
2018-06-01 Response to the motion for leave to intervene, (Letter Form), (to KB's motion), Completed on: 2018-06-01 Attorney General of Canada
2018-06-01 Response to the motion for leave to intervene, (Letter Form), (to IC's motion), Completed on: 2018-06-01 Attorney General of Canada
2018-06-01 Response to the motion for leave to intervene, (Letter Form), (to both motions), Completed on: 2018-06-01 Assembly of First Nations
2018-06-01 Response to the motion for leave to intervene, (Letter Form), (to both motions), Completed on: 2018-06-01 J.W. and REO Law Corporation
2018-05-30 Response to the motion for leave to intervene, (by IC), Completed on: 2018-05-30 Chief Adjudicator, Indian Residential Schools Adjudication Secretariat
2018-05-30 Notice of name Independent Counsel
2018-05-30 Motion for leave to intervene, (Book Form), Electronic versions required (rec'd May 31, 2018), Completed on: 2018-06-06, (Electronic version filed on 2018-05-31) Independent Counsel
2018-05-24 Intervener's book of authorities, (Book Form), Hard copies missing (rec'd May 30, 2018), Completed on: 2018-06-06, (Printed version filed on 2018-05-30) K.B.
2018-05-24 Motion for leave to intervene, (Book Form), Hard copies, form 23B-C (rec'd May 30, 2018) and filing fee missing (rec'd June 6, 2018), Completed on: 2018-06-06, (Printed version filed on 2018-05-30) K.B.
2018-05-18 Order by, WAGNER C.J.
UPON RECEIPT OF A REQUEST by the Attorney General of Canada to amend the style of cause and substitute the status of Assembly of First Nations from respondent to appellant in the present proceeding;
AND UPON the Registrar referring this matter to a judge pursuant to Rule 13 of the Rules of the Supreme Court of Canada;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The request is denied.
IT IS HEREBY FURTHER ORDERED THAT:
The Assembly of First Nations’ factum, record and book of authorities, if any, shall be served and filed on or before June 18, 2018.
The Assembly of First Nations shall share the time allotted for oral submissions at the hearing of the appeal with the appellants. The time allocation for oral argument will be decided following receipt and consideration of the written arguments of the parties.
2018-05-09 Correspondence received from, (Letter Form), Catherine Boies Parker. RE: Letter from the Deputy Registrar (Status of AFN). Chief Adjudicator, Indian Residential Schools Adjudication Secretariat
2018-05-09 Correspondence received from, (Letter Form), Stuart Wuttke. RE: Letter from the Deputy Registrar (Status of AFN). Assembly of First Nations
2018-05-08 Correspondence received from, (Letter Form), Martin U. Kramer. RE: Letter from the Deputy Registrar (Status of AFN). J.W. and REO Law Corporation
2018-05-07 Correspondence received from, (Letter Form), Mitchell R. Taylor, Q.C. and Dayna Anderson. RE: Letter from the Deputy Registrar (Status of AFN). Attorney General of Canada
2018-05-04 Correspondence (sent by the Court) to, the parties. Letter from the Deputy Registrar (Status of AFN).
2018-05-02 Correspondence received from, Reply to the appellants and AFN correspondence. Attorney General of Canada
2018-05-02 Appellant's record, (Book Form), (2 volumes), Sealed: 2 redacted copies filed., Completed on: 2018-05-02 J.W. and REO Law Corporation
2018-05-02 Certificate (on limitations to public access), (Letter Form), Form 23B J.W. and REO Law Corporation
2018-05-02 Certificate of counsel (attesting to record), (Letter Form) J.W. and REO Law Corporation
2018-05-02 Appellant's factum, (Book Form), Completed on: 2018-05-02 J.W. and REO Law Corporation
2018-04-27 Correspondence received from, Response to AG Canada’s correspondence dated April 20, 2018. Assembly of First Nations
2018-04-25 Correspondence received from, Response to AG Canada’s correspondence dated April 20, 2018. J.W. and REO Law Corporation
2018-04-20 Correspondence received from, Requesting that AFN be changed from respondent to appellant. Attorney General of Canada
2018-04-16 Order on motion to add or substitute parties, (BY JUSTICE ABELLA)
2018-04-16 Decision on motion to add or substitute parties, Abe, UPON APPLICATION by Independent Counsel, for an order pursuant to Rules 18(5) and 22(4) of the Rules of the Supreme Court of Canada, to be added as an appellant in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:

The motion is dismissed without prejudice to the right of Independent Counsel to apply for leave to intervene in the appeal.
Dismissed
2018-04-16 Submission of motion to add or substitute parties, Abe
2018-04-16 Reply to motion to add or substitute parties, (Letter Form), Completed on: 2018-04-16 Independent Counsel
2018-04-13 Correspondence received from, Agent: Mr. Joseph J. Arvay, Q.C. Counsel for the Respondent. Chief Adjudicator, Indian Residential Schools Adjudication Secretariat
2018-04-13 Response to motion to add or substitute parties, (Letter Form), Completed on: 2018-04-13 Chief Adjudicator, Indian Residential Schools Adjudication Secretariat
2018-04-13 Response to motion to add or substitute parties, (Letter Form), Completed on: 2018-04-13 J.W. and REO Law Corporation
2018-04-12 Response to motion to add or substitute parties, Completed on: 2018-04-12 Attorney General of Canada
2018-04-12 Response to motion to add or substitute parties, (Letter Form), Completed on: 2018-04-12 Assembly of First Nations
2018-04-04 Notice of name, (Letter Form) Independent Counsel
2018-04-04 Motion to add or substitute parties, (Book Form), (2 volumes), AMENDED NOTICE OF MOTION - SERVED AND FILED ON APRIL 5, 2018., Completed on: 2018-04-04 Independent Counsel
2018-03-08 Notice of appeal, (Letter Form), Amended notice required-rec'd 2018/03/14, Completed on: 2018-03-08 J.W. and REO Law Corporation
2018-02-13 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2018-02-09 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2018-02-09 Judgment on leave sent to the parties
2018-02-08 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 Manitoba, Number AI16-30-08701, 2017 MBCA 54, dated May 30, 2017, is granted with costs in the cause.
Granted, with costs in the cause
2017-12-18 All materials on application for leave submitted to the Judges, Mo Ka Côt, for consideration by the Court
2017-10-16 Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-10-16 J.W. and REO Law Corporation
2017-10-10 Notice of name, (Letter Form) Chief Adjudicator, Indian Residential Schools Adjudication Secretariat
2017-10-05 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-10-05 Chief Adjudicator, Indian Residential Schools Adjudication Secretariat
2017-10-05 Certificate (on limitations to public access), (Letter Form), 23-B Chief Adjudicator, Indian Residential Schools Adjudication Secretariat
2017-10-05 Certificate (on limitations to public access), (Letter Form), 23-A Chief Adjudicator, Indian Residential Schools Adjudication Secretariat
2017-10-05 Correspondence received from, (Letter Form), FORM 16 - Notice of Agent representing two opposing parties J.W. and REO Law Corporation
2017-10-05 Certificate (on limitations to public access), (Letter Form), 23-B Assembly of First Nations
2017-10-05 Certificate (on limitations to public access), (Letter Form), 23-A Assembly of First Nations
2017-10-05 Notice of name, (Letter Form) Assembly of First Nations
2017-10-05 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-10-05 Assembly of First Nations
2017-10-04 Certificate (on limitations to public access), 23-B Attorney General of Canada
2017-10-04 Certificate (on limitations to public access), 23-A Attorney General of Canada
2017-10-04 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-10-04 Attorney General of Canada
2017-09-05 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2017-09-05
2017-08-28 Certificate (on limitations to public access), (Included in the application for leave to appeal), 23B J.W. and REO Law Corporation
2017-08-28 Certificate (on limitations to public access), (Included in the application for leave to appeal), 23A J.W. and REO Law Corporation
2017-08-28 Notice of name, (Included in the application for leave to appeal) J.W. and REO Law Corporation
2017-08-28 Application for leave to appeal, (Book Form), Completed on: 2017-08-28 J.W. and REO Law Corporation