Docket

37919

Nevsun Resources Ltd. v. Gize Yebeyo Araya, et al.

(British Columbia) (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)
2019-02-06 Transcript received, 128 pages
2019-01-23 Judgment reserved OR rendered with reasons to follow
2019-01-23 General proceeding, (Letter Form), Sealing Order Questionnaire Gize Yebeyo Araya
2019-01-23 General proceeding, (Letter Form), Sealing Order Questionnaire Nevsun Resources Ltd.
2019-01-23 Hearing of the appeal, 2019-01-23, CJ Abe Mo Ka Ga Côt Br Row Mar
Judgment reserved
2019-01-23 Intervener's condensed book, (Book Form), Submitted to Court (14 copies) Mining Watch Canada
2019-01-23 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) International Human Rights Program, University of Toronto Faculty of Law
2019-01-23 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Amnesty International Canada and International Commission of Jurists
2019-01-23 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Gize Yebeyo Araya
2019-01-23 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Nevsun Resources Ltd.
2019-01-22 Correspondence received from, (Letter Form), Will be relying on a new authority which will be included in their book of authorities. Amnesty International Canada and International Commission of Jurists
2019-01-17 Correspondence received from, (Included in the notice of appearance), 10 reserved seats requested. Gize Yebeyo Araya
2019-01-17 Notice of appearance, (Letter Form), Joe Fiorante, Q.C., Reidar M. Mogerman, Michael Sobkin, Jen Winstanley, Nicholas C. Baker and James Yap will be present at the hearing. Mr. Fiorante and Mr. Mogerman will present oral arguments. Gize Yebeyo Araya
2019-01-14 Appellant's book of authorities, (Book Form), for reply factum, Completed on: 2019-01-14 Nevsun Resources Ltd.
2019-01-14 Reply factum on appeal, (Book Form), Completed on: 2019-01-14 Nevsun Resources Ltd.
2019-01-10 Notice of appearance, (Letter Form), Tamara Morgenthau and Alison M. Latimer will appear before the court. Tamara Morgenthau will present oral arguments. EarthRights International
2019-01-10 Correspondence received from, (Letter Form), (Included in the notice of appearance), 5 reserved seats requested Mining Watch Canada
2019-01-10 Notice of appearance, (Letter Form), Bruce W. Johnston, Andrew E. Cleland, Jean-Marc Lacourcière and Clara Poissant-Lespérance will appear before the court. Bruce W. Johnston will present oral arguments. Mining Watch Canada
2019-01-10 Notice of appearance, (Letter Form), Luis Sarabia and Steven Frankel will appear before the court. Luis Sarabia will present oral arguments. Request for student at law to sit at the counsel table. Mining Association of Canada
2019-01-09 Correspondence received from, (Letter Form), (Included in the notice of appearance), 2 reserved seats requested Amnesty International Canada and International Commission of Jurists
2019-01-09 Notice of appearance, (Letter Form), Paul Champ, Jennifer Klinck and Penelope Simons will appear before the court. Paul Champ will present oral arguments.
Amnesty International Canada and International Commission of Jurists
2019-01-09 Correspondence received from, (Letter Form), (Included in the notice of appearance), 2 reserved seats requested
International Human Rights Program, University of Toronto Faculty of Law
2019-01-09 Notice of appearance, (Letter Form), Cory Wanless and Yolanda Song will appear before the court. Cory Wanless will present oral arguments.
International Human Rights Program, University of Toronto Faculty of Law
2019-01-09 Correspondence received from, (Letter Form), (Included in the notice of appearance), 6 reserved seats requested Nevsun Resources Ltd.
2019-01-09 Notice of appearance, (Letter Form), Mark D. Andrews, Q.C., Andrew I. Nathanson, Gavin R. Cameron and Caroline L. Senini will appear before the court. Mark D. Andrews, Q.C. and Andrew I. Nathanson will present oral arguments. Nevsun Resources Ltd.
2019-01-09 Appeal perfected for hearing
2019-01-07 Intervener's book of authorities, (Book Form), Completed on: 2019-01-07 Amnesty International Canada and International Commission of Jurists
2019-01-07 Intervener's factum, (Book Form), Completed on: 2019-01-07 Amnesty International Canada and International Commission of Jurists
2019-01-07 Intervener's book of authorities, (Book Form), Completed on: 2019-01-07 Mining Watch Canada
2019-01-07 Intervener's factum, (Book Form), Completed on: 2019-01-07 Mining Watch Canada
2019-01-07 Intervener's book of authorities, (Book Form), Completed on: 2019-01-07 EarthRights International
2019-01-07 Intervener's factum, (Book Form), Completed on: 2019-01-07 EarthRights International
2019-01-07 Intervener's book of authorities, (Book Form), Completed on: 2019-01-07 Mining Association of Canada
2019-01-07 Intervener's factum, (Book Form), Completed on: 2019-01-07 Mining Association of Canada
2019-01-07 Intervener's book of authorities, (Book Form), Completed on: 2019-01-07 International Human Rights Program, University of Toronto Faculty of Law
2019-01-07 Intervener's factum, (Book Form), Completed on: 2019-01-07 International Human Rights Program, University of Toronto Faculty of Law
2018-12-06 Notice of hearing sent to parties
2018-12-06 Appeal hearing scheduled, 2019-01-23
Judgment reserved
2018-11-30 Respondent's book of authorities, (Book Form), (2 volumes), Completed on: 2018-11-30 Gize Yebeyo Araya
2018-11-30 Respondent's factum, (Book Form), Completed on: 2018-11-30 Gize Yebeyo Araya
2018-11-26 Order on motion to adduce new evidence, by BROWN J.
2018-11-26 Decision on motion to adduce new evidence, Br, UPON APPLICATION by the appellant and the respondents, each for an order to adduce new evidence to the record;
AND UPON REQUEST by the appellant to file a reply factum, conditional upon the new evidence being admitted;
AND UPON REQUEST by the respondents for an extension of time to serve and file their factum, record and, if any, book of authorities;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions to adduce new evidence are referred to the panel of the Court hearing the appeal.
The appellant’s request to file a reply factum is dismissed.
The respondents’ request for an extension of time is dismissed.
Referred
2018-11-26 Submission of motion to adduce new evidence, Br
2018-11-22 Order on motion for leave to intervene, by CÔTÉ J.
2018-11-22 Decision on the motion for leave to intervene, Côt, UPON APPLICATION by the International Human Rights Program, University of Toronto Faculty of Law; Amnesty International Canada and the International Commission of Jurists (jointly); MiningWatch Canada; EarthRights International and the Global Justice Clinic at New York University School of Law (jointly); and the Mining Association of Canada 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 or groups of interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before January 7, 2019.
The said five (5) 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 is granted permission to serve and file a single factum in reply to the interventions not to exceed ten (10) pages in length on or before January 14, 2019.
The respondents’ request to serve and file a factum in reply to the interventions is dismissed.
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 appellant and respondents any additional disbursements resulting from their interventions.
Granted
2018-11-22 Submission of motion for leave to intervene, Côt
2018-11-21 Reply to motion to adduce new evidence, (Letter Form), Completed on: 2018-11-21 Gize Yebeyo Araya
2018-11-19 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-11-19 Mining Watch Canada
2018-11-16 Correspondence received from, (Letter Form), Consents to late service of the appellant’s response to the motions for leave to intervene. Amnesty International Canada and International Commission of Jurists
2018-11-16 Correspondence received from, (Letter Form), Consents to late service of the appellant’s response to the motions for leave to intervene. Mining Watch Canada
2018-11-15 Certificate (on limitations to public access), (Book Form), Form 23B Nevsun Resources Ltd.
2018-11-15 Certificate (on limitations to public access), (Book Form), AMENDED Form 23A Nevsun Resources Ltd.
2018-11-15 Other book of authorities, (Book Form), Book of authorities in support of Response to Motion to adduce new evidence., Completed on: 2018-11-15 Nevsun Resources Ltd.
2018-11-15 Response to the motion to adduce new evidence, (Book Form), *SEALED, 2 redacted copies filed*
- AMENDED electronic version (with working hyperlinks) received on 2018-12-13, Completed on: 2018-11-15
Nevsun Resources Ltd.
2018-11-15 Reply to motion to adduce new evidence, (Letter Form), Nevsun will not file a reply to the respondents` response to the motion to adduce new evidence., Completed on: 2018-11-15 Nevsun Resources Ltd.
2018-11-13 Reply to the motion for leave to intervene, (Letter Form), Does not intend to file any reply to the responses of the Appellant and the Respondents in its intervener motion., Completed on: 2018-11-13 International Human Rights Program, University of Toronto Faculty of Law
2018-11-13 Other book of authorities, (Book Form), MISSING: proof of service to intervener Amnesty International Canada and International Commission of Jurists (received 14/11/2018)
Book of authorities in support of response to motions for leave to intervene, Completed on: 2018-11-15
Nevsun Resources Ltd.
2018-11-13 Response to the motion for leave to intervene, (Book Form), MISSING: proof of service to interveners "Amnesty International Canada and International Commission of Jurists" and "MiningWatch Canada" (received 14/11/2018), Completed on: 2018-11-15 Nevsun Resources Ltd.
2018-11-13 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-11-13 Gize Yebeyo Araya
2018-11-13 Response to the motion to adduce new evidence, (Letter Form), Completed on: 2018-11-13 Gize Yebeyo Araya
2018-11-06 Notice of name, (Letter Form) Mining Watch Canada
2018-11-05 Certificate (on limitations to public access), (Letter Form), Form 23B
Gize Yebeyo Araya
2018-11-05 Certificate (on limitations to public access), (Letter Form), Form 23A
Gize Yebeyo Araya
2018-11-05 Motion to adduce new evidence, (Book Form), *SEALED, 2 redacted copies filed*
MISSING:
1) proof of service
2) electronic version (redacted copy) (received 2018-11-07), Incomplete
Gize Yebeyo Araya
2018-11-05 Other book of authorities, (Book Form), Book of authorities in support of Motion to adduce new evidence., Completed on: 2018-11-05 Nevsun Resources Ltd.
2018-11-02 Motion to adduce new evidence, (Book Form), Completed on: 2018-11-05, (Printed version filed on 2018-11-05) Nevsun Resources Ltd.
2018-11-02 Motion for leave to intervene, (Book Form), MISSING: Notice of name (received 06-11-2018), Completed on: 2018-11-07 Mining Watch Canada
2018-11-02 Notice of name, (Letter Form) Mining Association of Canada
2018-11-02 Motion for leave to intervene, (Book Form), Completed on: 2018-11-02 Mining Association of Canada
2018-11-02 Notice of name, (Letter Form) Global Justice Clinic at New York University School of Law
2018-11-02 Notice of name, (Letter Form) EarthRights International
2018-11-02 Motion for leave to intervene, (Book Form), join with Global Justice Clinic at New York University School of Law., Completed on: 2018-11-02 EarthRights International
2018-11-01 Notice of name, (Letter Form) Amnesty International Canada and International Commission of Jurists
2018-11-01 Motion for leave to intervene, (Book Form), Completed on: 2018-11-01 Amnesty International Canada and International Commission of Jurists
2018-11-01 Notice of name, (Letter Form) International Human Rights Program, University of Toronto Faculty of Law
2018-11-01 Motion for leave to intervene, (Book Form), Payment missing., Incomplete International Human Rights Program, University of Toronto Faculty of Law
2018-10-05 Certificate of counsel (attesting to record), (Letter Form) Nevsun Resources Ltd.
2018-10-05 Appellant's record, (Book Form), (5 volumes), Volumes 6 to 9 submitted electronicaly only (according to Rule 38.1), Completed on: 2018-10-05 Nevsun Resources Ltd.
2018-10-05 Appellant's book of authorities, (Book Form), (4 volumes), Completed on: 2018-10-05 Nevsun Resources Ltd.
2018-10-05 Appellant's factum, (Book Form), Completed on: 2018-10-05 Nevsun Resources Ltd.
2018-08-14 Notice of appeal, (Letter Form), Completed on: 2018-08-14 Nevsun Resources Ltd.
2018-07-26 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2018-06-15 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2018-06-15 Judgment on leave sent to the parties
2018-06-14 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 for British Columbia (Vancouver), Number CA44025, 2017 BCCA 401, dated November 21, 2017, is granted with costs in the cause.
Granted, with costs in the cause
2018-04-30 All materials on application for leave submitted to the Judges, Abe Ga Br, for consideration by the Court
2018-03-07 Applicant's reply to respondent's argument, (Letter Form), Completed on: 2018-03-07 Nevsun Resources Ltd.
2018-02-26 Certificate (on limitations to public access) Gize Yebeyo Araya
2018-02-26 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-02-26 Gize Yebeyo Araya
2018-01-25 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2018/01/25
2018-01-25 Notice of name, (Letter Form) Nevsun Resources Ltd.
2018-01-19 Certificate (on limitations to public access), (Letter Form) Nevsun Resources Ltd.
2018-01-19 Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2018-01-26 Nevsun Resources Ltd.