Docket

37748

Minister of Citizenship and Immigration v. Alexander Vavilov

(Federal Court) (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)
2018-10-02 Certificate (on limitations to public access), (Letter Form) Alexander Vavilov
2018-10-02 Respondent's book of authorities, (Book Form), Completed on: 2018-10-02 Alexander Vavilov
2018-10-02 Respondent's record, (Book Form), Completed on: 2018-10-02 Alexander Vavilov
2018-10-02 Respondent's factum, (Book Form), Completed on: 2018-10-02 Alexander Vavilov
2018-09-28 Correspondence received from, (Letter Form), Marie-France Major is now agent for the amici curiae, Daniel Jutras and Audrey Boctor. Daniel Jutras
2018-09-24 Order on motion for leave to intervene, (by KARAKATSANIS J.)
2018-09-24 Decision on the motion for leave to intervene, Ka,
UPON APPLICATIONS by the Attorney General of Ontario, the Attorney General of Quebec, the Attorney General of British Columbia, the Attorney General for Saskatchewan, the Advocacy Centre for Tenants Ontario, the Ontario Securities Commission, the British Columbia Securities Commission and the Alberta Securities Commission (jointly), the Ecojustice Canada Society, the Workplace Safety and Insurance Appeals Tribunal (Ontario), the Workers’ Compensation Appeals Tribunal (Northwest Territories and Nunavut), the Workers’ Compensation Appeals Tribunal (Nova Scotia), the Appeals Commission for Alberta Workers’ Compensation and the Workers’ Compensation Appeals Tribunal (New Brunswick) (jointly), the British Columbia International Commercial Arbitration Centre Foundation, the Council of Canadian Administrative Tribunals, the Cambridge Comparative Administrative Law Forum, the National Academy of Arbitrators, the Ontario Labour-Management Arbitrators’ Association and the Conférence des arbitres du Québec (jointly), the Canadian Labour Congress, the National Association of Pharmacy Regulatory Authorities, the Queen’s Prison Law Clinic, Advocates for the Rule of Law, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, the Canadian Bar Association and the First Nations Child and Family Caring Society of Canada, for leave to intervene in the appeals Minister of Citizenship and Immigration v. Alexander Vavilov (37748), Bell Canada, et al. v. Attorney General of Canada (37896) and National Football League, et al. v. Attorney General of Canada (37897);
AND UPON APPLICATIONS by the Canadian Council for Refugees, the Canadian Association of Refugee Lawyers, the Parkdale Community Legal Services, the Community & Legal Aid Services Programme and the Association québécoise des avocats et avocates en droit de l’immigration, for leave to intervene in the appeal Minister of Citizenship and Immigration v. Alexander Vavilov (37748);
AND UPON APPLICATION by Blue Ant Media Inc., Canadian Broadcasting Corporation, DHX Media Ltd., Groupe V Média inc., Independent Broadcast Group, Aboriginal Peoples Television Network, Allarco Entertainment Inc., BBC Kids, Channel Zero, Ethnic Channels Group Ltd., Hollywood Suite, OUTtv Network Inc., Stingray Digital Group Inc., TV5 Québec Canada, Zoomermedia Ltd. and Pelmorex Weather Networks (Television) Inc. (jointly),for leave to intervene in the appeal Bell Canada, et al. v. Attorney General of Canada (37896);
AND UPON APPLICATIONS by Telus Communications Inc. and the Association of Canadian Advertisers and the Alliance of Canadian Cinema, Television and Radio Artists, for leave to intervene in the appeals Bell Canada, et al. v. Attorney General of Canada (37896) and National Football League, et al. v. Attorney General of Canada (37897);
AND UPON REQUEST by the appellant the Minister of Citizenship and Immigration (37748) and by the respondent the Attorney General of Canada (37896 and 37897), for leave to file a reply factum of 10 pages in response to the interventions and to file a reply factum of 10 pages in response to the amici curiae;
AND UPON REQUEST by the appellants, Bell Canada, et al. and National Football League, et al. (37896 and 37897), for leave to file a reply factum of 20 pages in response to the interventions and to file a reply factum of 20 pages in response to the amici curiae;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene are granted and each of the said 27 interveners or groups of interveners shall each be entitled to serve and file a factum not to exceed 10 pages in length in these appeals on or before October 29, 2018.
The interveners shall take the necessary steps to avoid duplicative submissions.
The decision with respect to the requests to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners or groups of 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 or groups of interveners shall pay to the appellants and respondents any additional disbursements resulting from their interventions.
AND IT IS HEREBY FURTHER ORDERED THAT the appellant in the appeal Minister of Citizenship and Immigration v. Alexander Vavilov (37748), and the appellants and respondent in the appeals Bell Canada, et al. v. Attorney General of Canada (37896) and National Football League, et al. v. Attorney General of Canada (37897), are each permitted to serve and file a single joint factum, not to exceed 10 pages in length, in reply to the interveners, on or before November 19, 2018. Furthermore, they are each permitted to serve and file a single joint reply factum, not to exceed 10 pages in length, in response to the factum of the amici curiae, on or before November 19, 2018.
Granted
2018-09-24 Submission of motion for leave to intervene, Ka
2018-09-13 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-09-13 Ontario Securities Commission, British Columbia Securities Commission and Alberta Securities Commission
2018-09-12 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-09-12 Council of Canadian Administrative Tribunals
2018-09-11 Response to the motion for leave to intervene, (Letter Form), request to make a joint response to the submisisons of the amici and the interveners.

(proof of service filed on Sept. 13, 2018.), Completed on: 2018-09-11
Minister of Citizenship and Immigration
2018-09-10 Response to the motion for leave to intervene, (Letter Form), original copy filed on Sept.11/2018., Completed on: 2018-09-10 Alexander Vavilov
2018-09-05 Notice of name, (Letter Form) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-09-05 Notice of name, (Letter Form) First Nations Child and Family Caring Society of Canada
2018-09-05 Notice of name, (Letter Form) Association québécoise des avocats et avocates en droit de l'immigration
2018-09-04 Motion for leave to intervene, (Book Form), service, fees - to come - rec'd Sept.5/2018., Completed on: 2018-09-06, (Electronic version filed on 2018-09-05) First Nations Child and Family Caring Society of Canada
2018-09-04 Notice of name, (Letter Form) Canadian Association of Refugee Lawyers
2018-09-04 Motion for leave to intervene, (Book Form), Completed on: 2018-09-04, (Electronic version filed on 2018-09-05) Association québécoise des avocats et avocates en droit de l'immigration
2018-09-04 Notice of name, (Letter Form) Community & Legal Aid Services Programme
2018-09-04 Motion for leave to intervene, (Book Form), Completed on: 2018-09-04 Community & Legal Aid Services Programme
2018-09-04 Notice of name, (Letter Form) Parkdale Community Legal Services
2018-08-31 Notice of name, (Letter Form) Canadian Bar Association
2018-08-31 Motion for leave to intervene, (Book Form), Completed on: 2018-08-31 Canadian Bar Association
2018-08-31 Motion for leave to intervene, (Book Form), Completed on: 2018-08-31 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-08-31 Notice of name, (Letter Form), second notice of name Workers' Compensation Appeals Tribunal (Northwest Territories and Nunavut) and Workers' Compensation Appeals Tribunal (Nova Scotia)
2018-08-31 Certificate (on limitations to public access) Cambridge Comparative Administrative Law Forum
2018-08-31 Notice of name, (Letter Form) Cambridge Comparative Administrative Law Forum
2018-08-31 Motion for leave to intervene, (Book Form), Completed on: 2018-08-31 Cambridge Comparative Administrative Law Forum
2018-08-31 Motion for leave to intervene, (Book Form), Form 14 to come, Incomplete Parkdale Community Legal Services
2018-08-31 Certificate (on limitations to public access), (Letter Form) Advocates for the Rule of Law
2018-08-31 Notice of name, (Letter Form) Advocates for the Rule of Law
2018-08-31 Motion for leave to intervene, (Book Form), Completed on: 2018-08-31 Advocates for the Rule of Law
2018-08-31 Motion for leave to intervene, (Book Form), Completed on: 2018-08-31 Attorney General of British Columbia
2018-08-31 Certificate (on limitations to public access), (Letter Form) Queen's Prison Law Clinic
2018-08-31 Notice of name, (Letter Form) Queen's Prison Law Clinic
2018-08-31 Motion for leave to intervene, (Book Form), Completed on: 2018-08-31 Queen's Prison Law Clinic
2018-08-31 Notice of name, (Letter Form) National Association of Pharmacy Regulatory Authorities
2018-08-31 Motion for leave to intervene, (Book Form), Completed on: 2018-08-31 National Association of Pharmacy Regulatory Authorities
2018-08-31 Motion for leave to intervene, (Book Form), Completed on: 2018-08-31 Attorney General of Quebec
2018-08-31 Notice of name, (Letter Form) Canadian Labour Congress
2018-08-31 Motion for leave to intervene, (Book Form), service to come - rec'd Sept.5/2018, Completed on: 2018-09-05 Canadian Labour Congress
2018-08-31 Notice of name, (Letter Form), (join with 37748 and 37896) National Academy of Arbitrators
2018-08-31 Motion for leave to intervene, (Book Form), (join with 37896 and 37897) (jointly with Ontario Labour-Management Arbitrators' Association and Conférence des arbitres du Québec). Proof of service to the amicus curiae missing (received 2018-09-04)., Completed on: 2018-09-04 National Academy of Arbitrators
2018-08-30 Motion for leave to intervene, (Book Form), Completed on: 2018-08-30 Canadian Association of Refugee Lawyers
2018-08-30 Notice of name, (Letter Form) Council of Canadian Administrative Tribunals
2018-08-30 Motion for leave to intervene, (Book Form), Completed on: 2018-08-30 Council of Canadian Administrative Tribunals
2018-08-30 Notice of name, (Letter Form) British Columbia International Commercial Arbitration Centre Foundation
2018-08-30 Intervener's book of authorities, (Book Form), on motion for leave to intervene, Completed on: 2018-08-30 British Columbia International Commercial Arbitration Centre Foundation
2018-08-30 Motion for leave to intervene, (Book Form), Completed on: 2018-08-30 British Columbia International Commercial Arbitration Centre Foundation
2018-08-29 Motion for leave to intervene, (Book Form), Completed on: 2018-08-29 Attorney General for Saskatchewan
2018-08-29 Notice of name, (Letter Form), Workplace safety and Insurance Appeals Tribunal (Ontario)
Workplace safety and Insurance Appeals Tribunal (Ontario)
2018-08-29 Motion for leave to intervene, (Book Form), Completed on: 2018-08-29 Workplace safety and Insurance Appeals Tribunal (Ontario)
2018-08-29 Notice of hearing sent to parties
2018-08-28 Notice of name, (Letter Form) Ecojustice Canada Society
2018-08-28 Motion for leave to intervene, (Book Form), Completed on: 2018-08-28 Ecojustice Canada Society
2018-08-28 Notice of name, (Letter Form), British Columbia Securities Commission Ontario Securities Commission, British Columbia Securities Commission and Alberta Securities Commission
2018-08-28 Notice of name, (Letter Form), Alberta Securities Commission Ontario Securities Commission, British Columbia Securities Commission and Alberta Securities Commission
2018-08-28 Notice of name, (Letter Form), Ontario Securities Commission Ontario Securities Commission, British Columbia Securities Commission and Alberta Securities Commission
2018-08-28 Motion for leave to intervene, (Book Form), Completed on: 2018-08-28 Ontario Securities Commission, British Columbia Securities Commission and Alberta Securities Commission
2018-08-27 Notice of name, (Letter Form) Advocacy Centre for Tenants Ontario
2018-08-27 Motion for leave to intervene, (Book Form), Completed on: 2018-08-27 Advocacy Centre for Tenants Ontario
2018-08-27 Motion for leave to intervene, (Book Form), Completed on: 2018-08-27, (Electronic version filed on 2018-08-28) Canadian Council for Refugees
2018-08-23 Motion for leave to intervene, (Book Form), Completed on: 2018-08-23 Attorney General of Ontario
2018-08-20 Appeal hearing scheduled, 2018-12-06, Day 3 (FOR WEBCASTING PURPOSES ONLY)
2018-08-20 Appeal hearing scheduled, 2018-12-05, Day 2 (FOR WEBCASTING PURPOSES ONLY)
2018-08-20 Appeal hearing scheduled, 2018-12-04
2018-08-13 Correspondence (sent by the Court) to, Amicus - letter further to the Order of the Chief Justice, dated August 7, 2018, appointing amici curiae.
2018-08-09 Certificate of counsel (attesting to record), (Letter Form) Minister of Citizenship and Immigration
2018-08-07 Order by, CJ, IT IS HEREBY ORDERED THAT:
Ms. Audrey Boctor and Mr. Daniel Jutras are appointed as amici curiae to assist the Court by serving and filing a single factum common to all three appeals not exceeding forty (40) pages and a book of authorities, if any, on or before November 6, 2018, and by making oral submissions at the hearing of the appeal.
The reasonable fees and disbursements of Ms. Audrey Boctor and Mr. Daniel Jutras shall be paid, on consent, by the Attorney General of Canada.
Granted
2018-08-07 Appellant's book of authorities, (Book Form), (3 volumes), Completed on: 2018-08-07 Minister of Citizenship and Immigration
2018-08-07 Appellant's record, (Book Form), (5 volumes), Completed on: 2018-08-07 Minister of Citizenship and Immigration
2018-08-07 Certificate (on limitations to public access), (Letter Form) Minister of Citizenship and Immigration
2018-08-07 Appellant's factum, (Book Form), Completed on: 2018-08-07 Minister of Citizenship and Immigration
2018-06-11 Correspondence received from, (Letter Form), Marianne Zoric and John Provart are now counsel of record. Minister of Citizenship and Immigration
2018-06-11 Notice of appeal, (Letter Form), Completed on: 2018-06-11 Minister of Citizenship and Immigration
2018-05-11 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2018-05-11 Judgment on leave sent to the parties
2018-05-10 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2018-05-10 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-394-15, 2017 FCA 132, dated June 21, 2017, is granted with costs in the cause.
The appeal will be heard with Bell Canada, et al. v. Attorney General of Canada (37896), and with National Football League, et al. v. Attorney General of Canada (37897).
The Court is of the view that these appeals provide an opportunity to consider the nature and scope of judicial review of administrative action, as addressed in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, 2008 SCC 9, and subsequent cases. To that end, the appellant and respondent are invited to devote a substantial part of their written and oral submissions on the appeal to the question of standard of review, and shall be allowed to file and serve a factum on appeal of at most 45 pages.
Granted, with costs in the cause
2018-03-12 All materials on application for leave submitted to the Judges, CJ Row Mar, for consideration by the Court
2017-10-30 Applicant's reply to respondent's argument, (Letter Form), (original copy filed on Nov.1/2017), Completed on: 2017-10-30 Minister of Citizenship and Immigration
2017-10-20 Certificate (on limitations to public access), (Letter Form) Alexander Vavilov
2017-10-20 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-10-20 Alexander Vavilov
2017-09-20 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File opened on 2017-09-20
2017-09-20 Certificate (on limitations to public access) Minister of Citizenship and Immigration
2017-09-20 Notice of name Minister of Citizenship and Immigration
2017-09-20 Application for leave to appeal, (Book Form), C/A order missing - Rec'd on 2017-09-25, Completed on: 2017-09-25 Minister of Citizenship and Immigration