Docket

37863

Keatley Surveying Ltd. v. Teranet Inc.

(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)
2019-04-15 Transcript received, 148 pages
2019-03-29 Judgment reserved OR rendered with reasons to follow
2019-03-29 Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties
2019-03-29 Intervener's condensed book, (Book Form), 14 copies (Submitted in Court) Canadian Standards Association
2019-03-29 Intervener's condensed book, (Book Form), 14 copies (Submitted in Court) Attorney General for Saskatchewan
2019-03-29 Intervener's condensed book, (Book Form), 14 copies (Submitted in Court) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2019-03-29 Intervener's condensed book, (Book Form), 14 copies (Submitted in Court)
Centre for Intellectual Property Policy and Ariel Katz
2019-03-29 Respondent's condensed book, (Book Form), 14 copies (Submitted in Court)
Teranet Inc.
2019-03-29 Appellant's condensed book, (Book Form), 14 copies (Submitted in Court) Keatley Surveying Ltd.
2019-03-29 Hearing of the appeal, 2019-03-29, CJ Abe Mo Ka Côt Br Mar
Judgment reserved
2019-03-28 Correspondence received from, (Letter Form), 2 additional reserved seats requested Keatley Surveying Ltd.
2019-03-26 Correspondence received from, (Letter Form), 1 reserved seat requested. Attorney General of Ontario
2019-03-25 Correspondence received from, (Included in the notice of appearance), 4 reserved seats requested Keatley Surveying Ltd.
2019-03-25 Notice of appearance, (Letter Form), Luciana P. Brasil, Michael Sobkin and Avichay Sharon will be present at the hearing. Ms. Brasil will present oral arguments. Keatley Surveying Ltd.
2019-03-25 Correspondence received from, (Letter Form), 6 reserved seats requested Centre for Intellectual Property Policy and Ariel Katz
2019-03-25 Correspondence received from, (Book Form), 4 reserved seats requested Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2019-03-21 Notice of appearance, (Letter Form), Julie Parla and Barry Sookman will present oral arguments. Teranet Inc.
2019-03-19 Correspondence received from, (Letter Form), 4 reserved seats requested Canadian Standards Association
2019-03-18 Correspondence received from, (Letter Form), 4 reserved seats requested. Attorney General of Canada
2019-03-15 Correspondence received from, (Letter Form), Proposed order of speaking. Centre for Intellectual Property Policy and Ariel Katz
2019-03-14 Notice of appearance, (Letter Form), John E. Callaghan and Kevin Sartorio will be present at the hearing. Mr. Callaghan will present oral arguments. Canadian Standards Association
2019-03-13 Notice of appearance, (Letter Form), Robert Janes, Q.C. and Kim Nayyer will be present at the hearing. Mr. Janes will present oral arguments. Canadian Association of Law Libraries
2019-03-13 Correspondence received from, (Letter Form), 6 reserved seats requested Teranet Inc.
2019-03-12 Correspondence received from, (Included in the notice of appearance), 4 reserved seats requested. Canadian Legal Information Institute
2019-03-12 Notice of appearance, (Letter Form), Rahool Agarwal and Khrystina McMillan will be present at the hearing. Mr. Agarwal will present oral arguments. Canadian Legal Information Institute
2019-03-12 Notice of appearance, (Letter Form), F. Paul Morrison, Julie Parla, Barry Sookman, Stephanie Sugar and Hovsep Afarian will be present at the hearing. Mr. Morrison and Ms. Parla will present oral arguments. Teranet Inc.
2019-03-11 Notice of appearance, (Letter Form), Steven Garland, Theodore Sum and Laura Easton will be present at the hearing. Mr. Garland will present oral arguments. Land Title and Survey Authority of British Columbia
2019-03-11 Notice of appearance, (Letter Form), Theodore Litowski will be present at the hearing and will present oral arguments. Attorney General for Saskatchewan
2019-03-05 Notice of appearance, (Letter Form), Jeremy de Beer and David Fewer will be present at the hearing. Mr. de Beer will present oral arguments. Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2019-03-04 Notice of appearance, (Letter Form), Michael Shortt and Jean-Philippe Mikus will be present at the hearing. Mr. Shortt will present oral arguments. Centre for Intellectual Property Policy and Ariel Katz
2019-02-19 Notice of appearance, (Letter Form), Graham J. Underwood and Wes G. Crealock will be present at the hearing. Mr. Underwood will present oral arguments. Attorney General of British Columbia
2019-02-14 Notice of appearance, (Letter Form), Michael S. Dunn and Yashoda Ranganathan will be present at the hearing. Mr. Dunn will present oral arguments. Attorney General of Ontario
2019-02-14 Notice of appearance, (Letter Form), Kathryn Hucal and John Provart will be present at the hearing. Ms. Hucal will present oral arguments. Attorney General of Canada
2019-01-10 Order on motion for leave to intervene, by ABELLA J.
2019-01-10 Decision on the motion for leave to intervene, Abe, UPON APPLICATION by the Canadian Standards Association for an extension of time to serve and file a motion for leave to intervene and for leave to intervene 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 leave to intervene is granted and the factum of the said intervener which was served and filed on December 21, 2018, is accepted for filing.
The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
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 respondent any additional disbursements resulting from its intervention.
Granted, no order as to costs
2019-01-10 Submission of motion for leave to intervene, Abe
2019-01-10 Order on motion to extend time, by ABELLA J.
2019-01-10 Decision on motion to extend time, See judgment on motion for leave to intervene, Abe
Granted, no order as to costs
2019-01-10 Submission of motion to extend time, Abe
2019-01-09 Appeal perfected for hearing
2019-01-07 Respondent's book of authorities, (Book Form), for reply factum, Completed on: 2019-01-07 Teranet Inc.
2019-01-07 Reply factum on appeal, (Book Form), Reply to Interveners, Completed on: 2019-01-07 Teranet Inc.
2019-01-07 Appellant's book of authorities, (Book Form), for reply factum, Completed on: 2019-01-07 Keatley Surveying Ltd.
2019-01-07 Reply factum on appeal, (Book Form), Reply to the Interveners, Completed on: 2019-01-07 Keatley Surveying Ltd.
2019-01-03 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-01-03 Keatley Surveying Ltd.
2018-12-21 Intervener's factum, (Book Form), Completed on: 2018-12-21 Canadian Standards Association
2018-12-21 Respondent's factum - cross appeal, (Book Form), Completed on: 2018-12-21 Keatley Surveying Ltd.
2018-12-20 Notice of name, (Letter Form) Canadian Standards Association
2018-12-19 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-12-19 Teranet Inc.
2018-12-18 Intervener's factum, (Book Form), Completed on: 2018-12-18 Canadian Legal Information Institute
2018-12-18 Intervener's factum, (Book Form), Completed on: 2018-12-18 Attorney General of British Columbia
2018-12-18 Intervener's book of authorities, (Book Form), Completed on: 2018-12-18 Attorney General for Saskatchewan
2018-12-18 Intervener's factum, (Book Form), Completed on: 2018-12-18 Attorney General for Saskatchewan
2018-12-18 Intervener's book of authorities, (Book Form), Completed on: 2018-12-18 Land Title and Survey Authority of British Columbia
2018-12-18 Intervener's factum, (Book Form), Completed on: 2018-12-18 Land Title and Survey Authority of British Columbia
2018-12-18 Intervener's book of authorities, (Book Form), Completed on: 2018-12-18 Canadian Association of Law Libraries
2018-12-18 Intervener's factum, (Book Form), Completed on: 2018-12-18 Canadian Association of Law Libraries
2018-12-18 Intervener's book of authorities, (Book Form), Completed on: 2018-12-18 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-12-18 Intervener's factum, (Book Form), Completed on: 2018-12-18 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-12-18 Intervener's book of authorities, (Book Form), Completed on: 2018-12-18 Centre for Intellectual Property Policy and Ariel Katz
2018-12-18 Intervener's factum, (Book Form), Completed on: 2018-12-18 Centre for Intellectual Property Policy and Ariel Katz
2018-12-18 Motion to extend time, (Book Form), (Included in the motion for leave to intervene), to serve and file a motion for leave to intervene, Completed on: 2018-12-18 Canadian Standards Association
2018-12-18 Motion for leave to intervene, (Book Form), MISSING: notice of name (received 2018-12-20), Completed on: 2018-12-21 Canadian Standards Association
2018-12-17 Notice of hearing sent to parties
2018-12-17 Intervener's book of authorities, (Book Form), Completed on: 2018-12-17 Attorney General of Canada
2018-12-17 Intervener's factum, (Book Form), Completed on: 2018-12-17 Attorney General of Canada
2018-12-10 Certificate of counsel (attesting to record), (Letter Form) Teranet Inc.
2018-12-10 Respondent's book of authorities, (Book Form), (2 volumes), Completed on: 2018-12-10 Teranet Inc.
2018-12-10 Respondent's record, (Book Form), (9 volumes), Completed on: 2018-12-10 Teranet Inc.
2018-12-10 Appellant's factum - cross appeal, (Included in the respondent's factum), Completed on: 2018-12-10 Teranet Inc.
2018-12-10 Respondent's factum, (Book Form), Completed on: 2018-12-10 Teranet Inc.
2018-12-10 Correspondence received from, (Letter Form), Michael Sobkin. RE: Request to change hearing date. Keatley Surveying Ltd.
2018-12-06 Correspondence received from, (Letter Form), Rahool Agarwal. Request to move the hearing date. Canadian Legal Information Institute
2018-12-06 Appeal hearing scheduled, 2019-03-29, (PREVIOUSLY SCHEDULED FOR 2019-02-18)

a) The notices of appeal and cross-appeal shall be served and filed on or before August 21, 2018.

b) The appellant/respondent on cross-appeal’s record, factum on appeal and book of authorities, if any, shall be served and filed on or before September 25, 2018.

a) Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before October 23, 2018.


b) The appellant/respondent on cross-appeal and respondent/appellant on cross-appeal shall serve and file their responses, if any, to the motions for leave to intervene on or before November 2, 2018.

c) Replies to any responses to the motions for leave to intervene shall be served and filed on or before November 9, 2018.

d) The Attorney General of Ontario shall serve and file their factum and book of authorities, if any, on or before November 6, 2018.

e) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities, if any, on or before December 18, 2018.


f) The respondent/appellant on cross appeal’s record, factums on appeal and cross-appeal, and book of authorities, if any, shall be served and filed on or before December 10, 2018.


g) The appellant/respondent on cross-appeal’s factum on cross-appeal shall be served and filed on or before December 21, 2018.
Judgment reserved
2018-11-28 Correspondence (sent by the Court) to, the parties. Tentatively scheduled for 2019-02-18.
2018-11-14 Order on motion for leave to intervene, by ABELLA J
2018-11-14 Decision on the motion for leave to intervene, Abe, UPON APPLICATION by the Attorney General of Canada, the Attorney General of British Columbia ,the Attorney General for Saskatchewan, the Land Title and Survey Authority of British Columbia, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, the Centre for Intellectual Property Policy and Ariel Katz (jointly), the Canadian Association of Law Libraries, the Canadian Legal Information Institute and the Federation of Law Societies of Canada (jointly) 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 eight (8) interveners or groups of interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before December 18, 2018.
The said interveners or groups of interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The appellant and respondent are each permitted to serve and file a single factum not exceeding ten (10) pages in reply to the interventions on or before January 7, 2019.
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.
IT IS HEREBY FURTHER ORDERED THAT:
The Attorney General of Ontario is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
Granted
2018-11-14 Submission of motion for leave to intervene, Abe
2018-11-09 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-11-13 Centre for Intellectual Property Policy and Ariel Katz
2018-11-09 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-11-09 Canadian Association of Law Libraries
2018-11-07 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-11-07 Attorney General for Saskatchewan
2018-11-07 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-11-06 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-11-05 Certificate (on limitations to public access), (Letter Form), Amended certificate required-rec'd 2018/11/08 Attorney General of Ontario
2018-11-05 Intervener's factum, (Book Form), Completed on: 2018-11-05 Attorney General of Ontario
2018-11-02 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-11-02 Keatley Surveying Ltd.
2018-11-02 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-11-02 Teranet Inc.
2018-10-26 Notice of name, (Letter Form) Centre for Intellectual Property Policy and Ariel Katz
2018-10-24 Notice of name, (Letter Form) Land Title and Survey Authority of British Columbia
2018-10-23 Motion for leave to intervene, (Book Form), Proof of service (received 2018-10-25) and notice of name missing (received 2018-10-26)., Completed on: 2018-10-26, (Printed version filed on 2018-10-26) Centre for Intellectual Property Policy and Ariel Katz
2018-10-23 Motion for leave to intervene, (Book Form), (2 volumes), 1 copy missing (received 2018-10-24). Proof of service missing (received 2018-10-24)., Completed on: 2018-10-24 Land Title and Survey Authority of British Columbia
2018-10-23 Notice of name, (Letter Form) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-10-23 Motion for leave to intervene, (Book Form), Completed on: 2018-10-23 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-10-23 Notice of name, (Letter Form) Federation of Law Societies of Canada
2018-10-23 Notice of name, (Letter Form) Canadian Legal Information Institute
2018-10-23 Motion for leave to intervene, (Book Form), join with Federation of Law Societies of Canada., Completed on: 2018-10-23 Canadian Legal Information Institute
2018-10-23 Motion for leave to intervene, (Book Form), Completed on: 2018-10-23 Attorney General for Saskatchewan
2018-10-23 Notice of name, (Letter Form) Canadian Association of Law Libraries
2018-10-23 Motion for leave to intervene, (Book Form), Completed on: 2018-10-30 Canadian Association of Law Libraries
2018-10-22 Motion for leave to intervene, (Book Form), Completed on: 2018-10-22 Attorney General of British Columbia
2018-10-18 Motion for leave to intervene, (Book Form), Completed on: 2018-10-18 Attorney General of Canada
2018-10-12 Correspondence received from, (Letter Form), David Taylor is the new agent for the respondent (instead of Owen M. Rees) Teranet Inc.
2018-09-28 Correspondence received from, (Letter Form), Luciana P. Brasil. Letter with respect to late filing. Keatley Surveying Ltd.
2018-09-27 Certificate of counsel (attesting to record), (Letter Form) Keatley Surveying Ltd.
2018-09-27 Appellant's book of authorities, (Book Form), Completed on: 2018-10-12 Keatley Surveying Ltd.
2018-09-27 Appellant's factum, (Book Form), Completed on: 2018-10-12 Keatley Surveying Ltd.
2018-09-25 Appellant's record, (Book Form), (8 volumes), MISSING: Form 24 (received on 27/09/2018), Completed on: 2018-09-28 Keatley Surveying Ltd.
2018-09-04 Correspondence received from, (Letter Form), Letter to confirm Mr. F. Paul Morrison has left McCarthy Tetrault (new law firm: Miller Thomson LLP) but will continue to be co-counsel for the Respondent Teranet Inc. Teranet Inc.
2018-08-20 Notice of appeal, (Letter Form), Completed on: 2018-08-20 Keatley Surveying Ltd.
2018-08-15 Notice of cross appeal, (Letter Form), Completed on: 2018-08-15 Teranet Inc.
2018-06-28 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2018-06-22 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2018-06-22 Judgment on leave sent to the parties
2018-06-21 Judgment of the Court on the application for leave to appeal,
The application for leave to appeal and the application for leave to cross-appeal from the judgment of the Court of Appeal for Ontario, Number C62211, 2017 ONCA 748, dated September 28, 2017, are granted with costs in the cause. The schedule for serving and filing material will be set by the Registrar.
Granted, with costs in the cause
2018-06-21 Judgment of the Court on the application for leave to cross-appeal, See decision on application.
Granted, with costs in the cause
2018-05-14 All material on the application for leave to cross-appeal submitted to the Judges, Abe Ga Br, for consideration by the Court
2018-05-14 All materials on application for leave submitted to the Judges, Abe Ga Br, for consideration by the Court
2018-02-21 Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-02-21 Keatley Surveying Ltd.
2018-02-21 Memorandum of argument in response to the cross-appeal, (Book Form), (Included in the applicant's reply to respondent's argument), Completed on: 2018-02-21 Keatley Surveying Ltd.
2018-01-22 Notice of name, (Letter Form) Teranet Inc.
2018-01-22 Certificate (on limitations to public access), (Letter Form), 23A Teranet Inc.
2018-01-22 General proceeding, (Book Form), Compendium of the Respondent in the Court of Appeal Teranet Inc.
2018-01-22 General proceeding, (Book Form), (2 volumes), Appeal Book and Compendium of the Appellant in the Court of Appeal Teranet Inc.
2018-01-22 Application for leave to cross-appeal, (Book Form), (Included in the respondent's response on the application for leave to appeal), (conditional), Completed on: 2018-01-22 Teranet Inc.
2018-01-22 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-01-22 Teranet Inc.
2018-01-22 Intervener's memorandum of argument on application for leave, (Letter Form), original missing - filed on January 25, 2018., Completed on: 2018-02-08 Attorney General of Ontario
2017-12-04 Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order, FILE OPENED 2017/12/04
2017-11-27 Notice of name, (Letter Form) Keatley Surveying Ltd.
2017-11-27 Certificate (on limitations to public access), (Letter Form) Keatley Surveying Ltd.
2017-11-27 Application for leave to appeal, (Book Form), CA Order missing-rec'd 2017/12/27, Completed on: 2017-12-27 Keatley Surveying Ltd.