Docket

37896

Bell Canada, et al. v. Attorney General of Canada

(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)
2018-09-17 Reply to the motion for leave to intervene, (Letter Form), original copy filed on Sept. 18, 2018., Completed on: 2018-09-17 Blue Ant Media Inc., Canadian Broadcasting Corporation, DHX Media Ltd., Groupe V Média inc.
2018-09-13 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-09-13 Telus Communications Inc.
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
Attorney General of Canada
2018-09-10 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-09-10 Bell Canada
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
2018-09-04 Motion for leave to intervene, (Book Form), Completed on: 2018-09-04, (Electronic version filed on 2018-09-05) First Nations Child and Family Caring Society of Canada
2018-09-04 Notice of name, (Letter Form) Blue Ant Media Inc., Canadian Broadcasting Corporation, DHX Media Ltd., Groupe V Média inc.
2018-09-04 Motion for leave to intervene, (Book Form), filing fees to come - rec'd on Sept.6/2018., Completed on: 2018-09-06, (Printed version filed on 2018-09-04) Blue Ant Media Inc., Canadian Broadcasting Corporation, DHX Media Ltd., Groupe V Média inc.
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 Notice of name, (Letter Form) Association of Canadian Advertisers and the Alliance of Canadian Cinema, Television and Radio Artists
2018-08-31 Certificate (on limitations to public access), (Letter Form) Association of Canadian Advertisers and the Alliance of Canadian Cinema, Television and Radio Artists
2018-08-31 Motion for leave to intervene, (Book Form), proof of service filed on Sept.10/2018., Completed on: 2018-09-04 Association of Canadian Advertisers and the Alliance of Canadian Cinema, Television and Radio Artists
2018-08-31 Certificate (on limitations to public access), (Letter Form) 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 Notice of name, (Letter Form) Advocates for the Rule of Law
2018-08-31 Certificate (on limitations to public access), (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, Incomplete Canadian Labour Congress
2018-08-31 Notice of name, (Letter Form), (join with 37748 and 37897) National Academy of Arbitrators
2018-08-31 Motion for leave to intervene, (Book Form), (join with 37748 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 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 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 Notice of name, (Letter Form) 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), Alberta Securities Commission Ontario Securities Commission, British Columbia Securities Commission and Alberta Securities Commission
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), 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 Certificate (on limitations to public access), (Letter Form) Telus Communications Inc.
2018-08-27 Notice of name, (Letter Form) Telus Communications Inc.
2018-08-27 Intervener's book of authorities, (Book Form), on motion for leave to intervene, Completed on: 2018-08-27 Telus Communications Inc.
2018-08-27 Motion for leave to intervene, (Book Form), includes book of authorities., Completed on: 2018-08-27 Telus Communications Inc.
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.
2018-08-07 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
2018-08-03 Certificate of counsel (attesting to record), (Letter Form), Joint with 37897 Bell Canada
2018-08-03 Certificate (on limitations to public access), (Letter Form) Bell Canada
2018-08-03 Appellant's book of authorities, (Book Form), (3 volumes), Completed on: 2018-08-03 Bell Canada
2018-08-03 Appellant's record, (Book Form), (2 volumes), Joint with 37897, Completed on: 2018-08-03 Bell Canada
2018-08-03 Appellant's factum, (Book Form), Completed on: 2018-08-03 Bell Canada
2018-06-08 Notice of appeal, (Letter Form), Amended notice required-rec'd 6/14/2018, Completed on: 2018-06-08 Bell Canada
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 Decision on motion for directions, See judgment on application for leave to appeal.
Dismissed
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-472-16, 2017 FCA 249, dated December 18, 2017, is granted with costs in the cause. The hearing of the appeal will not be expedited.
The appeal will be heard with National Football League, et al. v. Attorney General of Canada (37897), and with Minister of Citizenship and Immigration v. Alexander Vavilov (37748).
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 appellants 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
2018-04-03 All materials on application for leave submitted to the Judges, Abe Ga Br, for consideration by the Court
2018-04-03 Submission of motion for directions, Abe Ga Br, for consideration by the Court
2018-03-26 Certificate (on limitations to public access), (Letter Form), Form 23B Attorney General of Canada
2018-03-23 Certificate (on limitations to public access), (Letter Form), Form 23B Bell Canada
2018-03-19 Applicant's reply to respondent's argument, (Book Form), Form 23B missing (received 2018-03-23)., Completed on: 2018-04-05 Bell Canada
2018-03-08 Certificate (on limitations to public access), Form 23 A. AMENDED received on 2018-03-19. SECOND AMENDED version received on 2018-03-26. Attorney General of Canada
2018-03-08 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-03-08 Attorney General of Canada
2018-02-08 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order
2018-02-06 Notice of name, (Letter Form) Bell Canada
2018-02-06 Certificate (on limitations to public access), (Letter Form), 23B Bell Canada
2018-02-06 Certificate (on limitations to public access), (Letter Form), 23A Bell Canada
2018-02-06 Application for leave to appeal, (Book Form), CA Order missing - received 2018-02-13 (inserted in books at Tab 2B), Completed on: 2018-02-14 Bell Canada
2018-01-24 Order on motion to directions, (JUSTICE BROWN)
2018-01-24 Order issued on motion for a stay of execution, (JUSTICE BROWN)
2018-01-24 Decision on motion for directions, UPON APPLICATION by the applicants for an order:
a) staying the decision of the Canadian Radio-television and Telecommunications
Commission dated August 19, 2016 banning the simultaneous substitution of
Canadian advertisements, in place of U.S. advertisements, during the Super Bowl, until the later of the disposition of Bell’s application for leave to appeal, or the disposition of Bell’s appeal, if leave to appeal is granted;
b) that Bell's application for leave to appeal be determined on an expedited basis;
c) expediting the appeal, if leave is granted, and abridging the timelines set out in the Rules of the Supreme Court of Canada to expedite the hearing of the appeal on an early date in the 2018 Fall Session;
d) that the Registrar set a timetable for serving and filing appeal materials, if leave to appeal is granted to accommodate the expedited hearing date.
AND HAVING CONSIDERED the material filed;
IT IS HEREBY ORDERED THAT:
1) The motion to stay the decision of the Canadian Radio-television and Telecommunications Commission dated August 19, 2016 is dismissed, with costs to the Respondent, Attorney General of Canada;
2) The motion to determine the leave application on an expedited basis, and to expedite the hearing of the appeal (if leave to appeal is granted) is granted, with no order as to costs;
3) The motion for directions setting a timetable for serving and filing appeal materials (if leave to appeal is granted) is referred to the panel to whom the application for leave to appeal is submitted.
Allowed in part, no order as to costs
2018-01-24 Decision on the motion for a stay of execution, see decision on motion for directions, Br
Dismissed, with costs
2018-01-24 Submission of motion for directions, Br
2018-01-24 Submission of motion for a stay of execution, Br
2018-01-22 Reply to motion for a stay of execution, (Book Form), Completed on: 2018-01-22 Bell Canada
2018-01-17 Correspondence received from, (Letter Form), (Joint with 37897) Stephen Millington (by email). The intervener will not be responding to the application for leave to appeal nor the motions. Canadian Radio-Television and Telecommunications Commission
2018-01-17 Certificate (on limitations to public access), (Letter Form), Form 23B Attorney General of Canada
2018-01-17 Certificate (on limitations to public access), (Letter Form), Form 23A Attorney General of Canada
2018-01-17 Response to motion for directions, (Included in the response to the motion for a stay of execution), 4 additional copies requested-rec'd 2018/01/26, Completed on: 2018-01-17 Attorney General of Canada
2018-01-17 Response to the motion for a stay of execution, (Book Form), Completed on: 2018-01-17 Attorney General of Canada
2018-01-11 Notice of name, (Letter Form) Bell Canada
2018-01-03 Letter acknowledging receipt of a notice of application for leave to appeal, (FILE OPENED 2018-01-03)
2018-01-03 Motion for directions, (Book Form), (2 volumes), and to expedite. 4 additional copies requested-rec'd 2018/01/25, Completed on: 2018-01-03 Bell Canada
2018-01-03 Motion for a stay of execution, (Book Form), (2 volumes), Completed on: 2018-01-03 Bell Canada
2018-01-03 Correspondence received from, (Letter Form), Steven G. Mason (in person). Cover letter (urgent motion). Bell Canada
2018-01-03 Certificate (on limitations to public access), (Letter Form), Form 23B Bell Canada
2018-01-03 Certificate (on limitations to public access), (Letter Form), Form 23A Bell Canada
2018-01-03 Notice of application for leave to appeal, (Letter Form), (Court of appeal judgment included in Motion for stay) Form 14 missing (received 2018-01-11)., Completed on: 2018-01-11 Bell Canada