Docket

37878

Northern Regional Health Authority v. Linda Horrocks, et al.

(Manitoba) (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)
2022-02-03 Bill of costs, *Under Review, Completed on: 2022-04-27 Northern Regional Health Authority
2021-10-22 Judgment on the appeal rendered, CJ Abe Ka Côt Br Row Kas, The appeal from the judgment of the Court of Appeal of Manitoba, Number AI 16-30-08687, 2017 MBCA 98, dated October 5, 2017, heard on April 15, 2021, is allowed with costs throughout to the appellant, payable by the respondent Manitoba Human Rights Commission. The judgment of the Court of Appeal is set aside and paragraphs 1 and 3 of the order of the Court of Queen’s Bench are reinstated. Karakatsanis J. dissents.
Allowed, with costs
2021-05-05 Transcript received, 121 pages
2021-04-15 Judgment reserved OR rendered with reasons to follow
2021-04-15 Hearing of the appeal, 2021-04-15, CJ Abe Ka Côt Br Row Kas
Judgment reserved
2021-04-09 Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties, (sent by email)
2021-02-18 Notice of hearing sent to parties
2021-02-18 Appeal hearing scheduled, 2021-04-15, (hearing was scheduled for February 16, 2021)
Judgment reserved
2021-02-15 Order on motion to adjourn the hearing of the appeal, by WAGNER C.J.
2021-02-15 Decision on motion to adjourn the hearing of the appeal, CJ,
UPON APPLICATION by the appellant, Northern Regional Health Authority, for an adjournment of the hearing scheduled for February 16, 2021, pursuant to Rule 7 of the Rules of the Supreme Court of Canada, and for an order to expedite the motion to adjourn the hearing of the appeal;

AND NOTING the consent of the respondents;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motions are granted.

The hearing is adjourned and the appeal is traversed to the 2021 Spring session.

Granted
2021-02-15 Submission of motion to adjourn the hearing of the appeal, CJ
2021-02-15 Response to the motion to adjourn the hearing of the appeal, (Letter Form), Completed on: 2021-02-15, (Printed version due on 2021-02-22) Canadian Human Rights Commission
2021-02-15 Response to the motion to adjourn the hearing of the appeal, (Letter Form), Completed on: 2021-02-15, (Printed version due on 2021-02-22) Manitoba Human Rights Commission
2021-02-15 Response to the motion to adjourn the hearing of the appeal, (Letter Form), Completed on: 2021-02-15, (Printed version due on 2021-02-22) Linda Horrocks
2021-02-15 Motion to adjourn the hearing of the appeal, (Book Form), Completed on: 2021-02-15, (Printed version due on 2021-02-22) Northern Regional Health Authority
2021-02-12 Respondent's condensed book, (Book Form), (Printed version filed on 2021-02-12) Linda Horrocks
2021-02-12 Intervener's condensed book, (Book Form), (Printed version filed on 2021-02-12) Canadian Association of Counsel to Employers (CACE)
2021-02-12 Appellant's condensed book, (Book Form), (Printed version filed on 2021-02-12) Northern Regional Health Authority
2021-02-12 Intervener's condensed book, (Book Form), (Printed version filed on 2021-02-12) Don Valley Community Legal Services
2021-02-12 Respondent's condensed book, (Book Form), (Printed version filed on 2021-02-12) Manitoba Human Rights Commission
2021-02-12 Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties
2021-02-11 Intervener's condensed book, (Book Form), (Printed version filed on 2021-02-11) Canadian Human Rights Commission
2021-02-11 Intervener's condensed book, (Book Form), (Printed version filed on 2021-02-11) Empowerment Council, Systemic Advocates in Addictions and Mental Health
2021-01-29 Notice of appearance, Amended - rec'd 2021-01-29
Ms. Busayo A. Faderin will appear before the court, and will present oral arguments.
Don Valley Community Legal Services
2021-01-27 Notice of appearance, Ms. Karen R. Spector Will appear before the court, and will present oral arguments. Empowerment Council, Systemic Advocates in Addictions and Mental Health
2021-01-27 Notice of appearance, Mr. Thor J. Hansell and Ms. Shea Garber will appear before the court. Mr. Hansell will present oral arguments. Manitoba Human Rights Commission
2021-01-26 Notice of appearance, Mr. Robert Watchman and Mr. Todd C. Andres will appear before the court. Mr. Watchman will present oral arguments. Northern Regional Health Authority
2021-01-26 Notice of appearance, Mr. Brian Smith will appear before the court, and will present oral arguments. Canadian Human Rights Commission
2021-01-26 Notice of appearance, Mr. Oliver Pulleyblank will appear before the court, and will present oral arguments. British Columbia Council of Administrative Tribunals
2021-01-26 Notice of appearance, Mr. Robert Danay will appear before the court, and will present oral arguments. Attorney General of British Columbia
2021-01-25 Notice of appearance, Mr. Craig W. Neuman, Q.C. will appear before the court, and will present oral arguments.
Canadian Association of Counsel to Employers (CACE)
2021-01-25 Notice of appearance, Mr. Paul Champ and Mr. Bijon Roy will appear before the court, and Mr. Champ will present oral arguments.

Linda Horrocks
2020-11-24 Notice of hearing sent to parties
2020-11-10 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), the parties. Tentatively scheduled for February 16, 2021.
2020-10-21 Correspondence received from, (Letter Form), D. Lynne Watt. With regards to the hearing date: availabilities of counsel the respondent, Manitoba Human Rights Commission. , (Printed version due on 2020-10-28) Manitoba Human Rights Commission
2020-10-20 Reply factum on appeal, (Book Form), Completed on: 2020-10-20 Northern Regional Health Authority
2020-10-13 Intervener's factum, (Book Form), Completed on: 2020-10-13 Canadian Association of Counsel to Employers (CACE)
2020-10-13 Intervener's factum, (Book Form), Completed on: 2020-10-13 British Columbia Council of Administrative Tribunals
2020-10-13 Intervener's factum, (Book Form), Completed on: 2020-10-13 Canadian Human Rights Commission
2020-10-13 Intervener's factum, (Book Form), Completed on: 2020-10-13 Empowerment Council, Systemic Advocates in Addictions and Mental Health
2020-10-13 Intervener's factum, (Book Form), Completed on: 2020-10-13 Attorney General of British Columbia
2020-09-18 Respondent's factum, (Book Form), Completed on: 2020-09-18, (Printed version filed on 2020-09-21) Manitoba Human Rights Commission
2020-09-18 Certificate of counsel (attesting to record), (Letter Form), 24B Linda Horrocks
2020-09-18 Respondent's record, (Book Form), Completed on: 2020-09-18 Linda Horrocks
2020-09-18 Respondent's factum, (Book Form), Completed on: 2020-09-18 Linda Horrocks
2020-09-03 Notice of change of counsel, (Letter Form), Thor Hansell is now counsel for the respondent, Manitoba Human Rights Commission. Manitoba Human Rights Commission
2020-09-01 Order on motion for leave to intervene, by Justice Abella (sent by email)
2020-09-01 Decision on the motion for leave to intervene, Abe, UPON APPLICATION by the Canadian Association of Counsel to Employers (“CACE”),
the British Columbia Council of Administrative Tribunals, the Canadian Human Rights
Commission, the Attorney General of British Columbia and The Empowerment Council
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 five (5) interveners shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before October 13, 2020.

The said interveners are granted permission to present oral arguments not exceeding five (5) minutes each 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.

The appellant is permitted to serve and file a reply factum no more than five (5) pages on or before October 20, 2020.

Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and the respondent any additional disbursements resulting from their intervention.

Granted
2020-09-01 Submission of motion for leave to intervene, Abe
2020-08-19 Intervener's factum, (Book Form), Completed on: 2020-08-19, (Printed version filed on 2020-10-09) Don Valley Community Legal Services
2020-08-11 Order on miscellaneous motion, (sent to all parties electronically)
2020-08-11 Decision on miscellaneous motion, Abe,
UPON APPLICATION by the Manitoba Human Rights Commission for an order to change their party status from intervener to respondent in the above appeal;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is granted.


Granted
2020-08-11 Submission of miscellaneous motion, Abe
2020-07-31 Response to the motion for leave to intervene, Completed on: 2020-07-31 Manitoba Human Rights Commission
2020-07-30 Response to the motion for leave to intervene, Completed on: 2020-07-31 Northern Regional Health Authority
2020-07-28 Response to the motion for leave to intervene, Completed on: 2020-07-28 Linda Horrocks
2020-07-21 Motion for leave to intervene, (Book Form), (Filing fee to be collected when possible), Incomplete Attorney General of British Columbia
2020-07-21 Intervener's book of authorities, (Book Form), Completed on: 2020-07-21 Empowerment Council, Systemic Advocates in Addictions and Mental Health
2020-07-21 Notice of name Empowerment Council, Systemic Advocates in Addictions and Mental Health
2020-07-21 Motion for leave to intervene, (Book Form), (filing fee to be paid when possible), Incomplete Empowerment Council, Systemic Advocates in Addictions and Mental Health
2020-07-17 Response to miscellaneous motion, Completed on: 2020-07-17 Linda Horrocks
2020-07-16 Response to miscellaneous motion, Completed on: 2020-07-16 Northern Regional Health Authority
2020-07-16 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-07-16 Northern Regional Health Authority
2020-07-15 Notice of miscellaneous motion, (Book Form), To change party status (filing fee to be collected when possible), Incomplete Manitoba Human Rights Commission
2020-07-14 Notice of name British Columbia Council of Administrative Tribunals
2020-07-14 Motion for leave to intervene, (Book Form), filing fee to be paid when possible, Incomplete British Columbia Council of Administrative Tribunals
2020-07-13 Notice of name Canadian Human Rights Commission
2020-07-13 Motion for leave to intervene, (Book Form), (form for filing fee submitted with motion), Completed on: 2020-07-13 Canadian Human Rights Commission
2020-07-13 Notice of name Canadian Association of Counsel to Employers (CACE)
2020-07-13 Motion for leave to intervene, (Book Form), filing fee to be collected when possible, Incomplete Canadian Association of Counsel to Employers (CACE)
2020-07-09 Notice of change of counsel, (Letter Form) Manitoba Human Rights Commission
2020-07-06 Order on motion for leave to intervene, by Justice Abella (sent to all parties by email)
Revised order dated July 13, 2020
2020-07-06 Decision on the motion for leave to intervene, Abe, REVISED ORDER on JULY 13, 2020

UPON APPLICATION by Don Valley Community Legal Services for leave to intervene in the above appeal;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion for leave to intervene is granted and the said intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before August 17, 2020.

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.

Any persons wishing to intervene in this appeal must serve and file a motion for leave to intervene on or before July 21, 2020.
Any responses to the motions on intervention must be served and filed on or before July 31, 2020 and, any replies must be served and filed on or before August 7, 2020.

Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and the respondent any additional disbursements resulting from their intervention.

Granted
2020-07-06 Submission of motion for leave to intervene, Abe
2020-06-25 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-06-25 Manitoba Human Rights Commission
2020-06-23 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-06-23 Northern Regional Health Authority
2020-06-23 Certificate of counsel (attesting to record), (Letter Form), 24A Northern Regional Health Authority
2020-06-23 Appellant's book of authorities, (Book Form), Completed on: 2020-06-23, (Printed version filed on 2020-11-27) Northern Regional Health Authority
2020-06-23 Appellant's record, (Book Form), (2 volumes), Completed on: 2020-06-23, (Printed version filed on 2020-11-27) Northern Regional Health Authority
2020-06-23 Appellant's factum, (Book Form), Completed on: 2020-06-23, (Printed version filed on 2020-11-27) Northern Regional Health Authority
2020-06-19 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-06-19, (Printed version due on 2020-06-26) Linda Horrocks
2020-05-26 Notice of change of counsel, (Letter Form) Linda Horrocks
2020-05-14 Notice of name Don Valley Community Legal Services
2020-05-14 Motion for leave to intervene, (Book Form), Filing fee to be collected once possible, Incomplete Don Valley Community Legal Services
2020-03-20 Notice of appeal, (Book Form), Completed on: 2020-03-20 Northern Regional Health Authority
2020-03-09 Correspondence received from, (Letter Form), Intervener seeking to change party status to be listed as Respondent Manitoba Human Rights Commission
2020-02-28 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2020-02-28 Judgment on leave sent to the parties
2020-02-27 Correspondence received from, (Letter Form), Updates to counsel information: D. Lynne Watt is agent for intervener's counsel / Sandra Gaballa is intervener's counsel with carriage of the appeal Manitoba Human Rights Commission
2020-02-27 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 AI16-30-08687, 2017 MBCA 98, dated October 5, 2017, is granted with costs in the cause.
Granted, with costs in the cause
2018-08-17 Correspondence received from, (Letter Form), Manitoba Human Rights Commission (email) Manitoba Human Rights Commission
2018-06-11 All materials on application for leave submitted to the Judges, for consideration by the Court
2018-01-29 Certificate (on limitations to public access), (Letter Form) Manitoba Human Rights Commission
2018-01-29 Notice of name, (Letter Form) Manitoba Human Rights Commission
2018-01-12 Intervener's memorandum of argument on application for leave, (Letter Form), Original version, proof of service, Certificate 23A and Notice of Name missing rec'd on January 29, 2018., Completed on: 2018-02-08 Manitoba Human Rights Commission
2017-12-18 Notice of name Northern Regional Health Authority
2017-12-13 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2017-12-13
2017-12-04 Certificate (on limitations to public access), 23-A Northern Regional Health Authority
2017-12-04 Application for leave to appeal, (Book Form), Missing : Form 14 - rec'd 2017-12-18
CA Orders - rec'd 2017-12-12, Completed on: 2017-12-19
Northern Regional Health Authority