Docket

38376

1704604 Ontario Limited v. Pointes Protection Association, et al.

(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)
2019-11-25 Transcript received, Joint with 38374 - 183 pages
2019-11-12 Judgment reserved OR rendered with reasons to follow
2019-11-12 Intervener's condensed book, (Book Form), Joint with 38374. Submitted in Court (14 copies) Canadian Civil Liberties Association
2019-11-12 Intervener's condensed book, (Book Form), Joint with 38374. Submitted in Court (14 copies) Ecojustice Canada Society
2019-11-12 Intervener's condensed book, (Book Form), Joint with 38374. Submitted in Court (14 copies) West Coast Legal Education and Action Fund, Atira Women's Resource Society, B.W.S.S. Battered Women Support Services Association, Women Against Violence Against Women Rape Crisis Center
2019-11-12 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Pointes Protection Association
2019-11-12 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) 1704604 Ontario Limited
2019-11-12 Hearing of the appeal, 2019-11-12, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment reserved
2019-11-08 Correspondence received from, (Letter Form), Reserved Seat Canadian Civil Liberties Association
2019-10-31 Correspondence received from, (Letter Form), 2 reserved seats requested. 1704604 Ontario Limited
2019-10-31 Other book of authorities, (Book Form), Supplemental authorities, Completed on: 2019-10-31 1704604 Ontario Limited
2019-10-29 Other book of authorities, (Book Form), in support of reply factum, Completed on: 2019-10-29 1704604 Ontario Limited
2019-10-29 Reply factum on appeal, (Book Form), Completed on: 2019-10-29 1704604 Ontario Limited
2019-10-28 Notice of appearance, (Letter Form), Orlando M. Rosa, Paul R. Cassan and Tim J. Harmar will appear before the court. Mr. Rosa and Mr. Cassan will present oral arguments. 1704604 Ontario Limited
2019-10-28 Notice of appearance, (Letter Form), Joint with 38374.
Iain A.C. MacKinnon will appear before the court, and will present oral arguments.
Ad IDEM / Canadian Media Lawyers Association, Canadian Journalists for Free Expression, CTV, a Division of Bell Media Inc., Global News, a division of Corus Television Limited Partnership, Aboriginal Peoples Television Network, Postmedia Network Inc.
2019-10-28 Notice of appearance, (Letter Form), Joint with 38374.
Peter Kolla and Amanda Bertucci will appear before the court. Mr. Kolla will present oral arguments.
British Columbia Civil Liberties Association
2019-10-28 Correspondence received from, (Letter Form), Joint with 38374.
4 reserved seats requested.
West Coast Legal Education and Action Fund, Atira Women's Resource Society, B.W.S.S. Battered Women Support Services Association, Women Against Violence Against Women Rape Crisis Center
2019-10-28 Notice of appearance, (Letter Form), Joint with 38374.
David Wotherspoon, Rajit Mittal and Amber Prince will appear before the court. Mr. Wotherspoon will present oral arguments.
West Coast Legal Education and Action Fund, Atira Women's Resource Society, B.W.S.S. Battered Women Support Services Association, Women Against Violence Against Women Rape Crisis Center
2019-10-28 Notice of appearance, (Letter Form), Joint with 38374.
Nader R. Hasan, Carlo Di Carlo and Priyanka Vital will appear before the court. Mr. Hassan will present oral arguments
Greenpeace Canada
2019-10-25 Correspondence received from, (Letter Form), 3 reserved seats requested. Pointes Protection Association
2019-10-25 Notice of appearance, (Letter Form), Mark Wiffen will appear before the court, and will present oral arguments. Pointes Protection Association
2019-10-25 Correspondence received from, (Letter Form), Joint with 38374.
12 reserved seats requested.
Ecojustice Canada Society
2019-10-25 Notice of appearance, (Letter Form), Joint with 38374.
Julia Croome, Joshua Ginsberg and Sue Tan will appear before the court. Ms. Croome will present oral arguments.
Ecojustice Canada Society
2019-10-25 Notice of appearance, (Letter Form), Joint with 38374.
Alexi N. Wood and Jennifer P. Saville will appear before the court. Ms. Wood will present oral arguments.
Canadian Civil Liberties Association
2019-10-25 Correspondence received from, (Letter Form), Joint with 38374.
1 reserved seat requested.
Canadian Constitution Foundation
2019-10-25 Notice of appearance, (Letter Form), Joint with 38374.
Adam Goldenberg and Simon Cameron will appear before the court. Mr. Goldenberg will present oral arguments.
Canadian Constitution Foundation
2019-10-25 Notice of appearance, (Letter Form), Justin Safayeni and Pam Hrick will appear before the court. Mr. Safayeni will present oral arguments. Centre for Free Expression, Canadian Association of Journalists, Communications Workers of America / Canada
2019-10-22 Intervener's factum, (Book Form), (Joint with 38374), Completed on: 2019-10-22 West Coast Legal Education and Action Fund, Atira Women's Resource Society, B.W.S.S. Battered Women Support Services Association, Women Against Violence Against Women Rape Crisis Center
2019-10-22 Intervener's book of authorities, (Book Form), Joint with 38374, Completed on: 2019-10-22 Ecojustice Canada Society
2019-10-22 Intervener's factum, (Book Form), Joint with 38374, Completed on: 2019-10-22 Ecojustice Canada Society
2019-10-22 Intervener's factum, (Book Form), Joint with 38374, Completed on: 2019-10-22 Ad IDEM / Canadian Media Lawyers Association, Canadian Journalists for Free Expression, CTV, a Division of Bell Media Inc., Global News, a division of Corus Television Limited Partnership, Aboriginal Peoples Television Network, Postmedia Network Inc.
2019-10-22 Intervener's factum, (Book Form), Completed on: 2019-10-22 Centre for Free Expression, Canadian Association of Journalists, Communications Workers of America / Canada
2019-10-22 Intervener's factum, (Book Form), Joint with 38374, Completed on: 2019-10-22 Greenpeace Canada
2019-10-22 Intervener's book of authorities, (Book Form), Joint with 38374, Completed on: 2019-10-22 Canadian Constitution Foundation
2019-10-22 Intervener's factum, (Book Form), Joint with 38374, Completed on: 2019-10-22 Canadian Constitution Foundation
2019-10-22 Intervener's factum, (Book Form), Joint with 38374, Completed on: 2019-10-22 Canadian Civil Liberties Association
2019-10-21 Intervener's factum, (Book Form), Joint with 38374, Completed on: 2019-10-21 British Columbia Civil Liberties Association
2019-10-03 Appeal perfected for hearing
2019-09-20 Certificate of counsel (attesting to record), (Letter Form) Pointes Protection Association
2019-09-20 Order on motion for leave to intervene, by ROWE J.
2019-09-20 Decision on the motion for leave to intervene, Row,
UPON APPLICATIONS by the British Columbia Civil Liberties Association; Greenpeace Canada; the Canadian Constitution Foundation; Ecojustice Canada Society; the West Coast Legal Education and Action Fund, the Atira Women’s Resource Society, the B.W.S.S. Battered Women’s Support Services Association and the Women Against Violence Against Women Rape Crisis Center (jointly); the Canadian Civil Liberties Association and Ad IDEM/Canadian Media Lawyers Association, Canadian Journalists for Free Expression, CTV, a Division of Bell Media Inc., Global News, a Division of Corus Television Limited Partnership, Aboriginal Peoples Television Network and Postmedia Network Inc. (jointly) for leave to intervene in the appeals Maia Bent, et al. v. Howard Platnick (38374) and 1704604 Ontario Limited v. Pointes Protection Association, et al. (38376);

AND UPON APPLICATIONS by the Ontario Trial Lawyers Association, the Canadian Broadcasting Corporation and the Barbra Schlifer Commemorative Clinic for leave to intervene in the appeal Maia Bent, et al. v. Howard Platnick (38374);

AND UPON APPLICATION by the Centre for Free Expression, Canadian Association of Journalists and Communications Workers of America/Canada (jointly) for leave to intervene in the appeal 1704604 Ontario Limited v. Pointes Protection Association, et al. (38376);


AND UPON REQUEST by the appellant, 1704604 Ontario Limited (38376), to serve and file a factum in reply to the interventions;

AND UPON REQUEST by the respondent, Howard Platnick (38374), to serve and file a factum in reply to the interventions and for an order granting an additional fifteen (15) minutes for oral argument;

AND UPON REQUEST by the respondents, Pointes Protection Association, et al. (38376), for an order directing the interveners, the Ontario Trial Lawyers Association, the Canadian Broadcasting Corporation and the Barbra Schlifer Commemorative Clinic, to serve their factum on the parties in the appeal 1704604 Ontario Limited v. Pointes Protection Association, et al. (38376);

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion for leave to intervene by the Ontario Trial Lawyers Association is dismissed.

The motions for leave to intervene by the British Columbia Civil Liberties Association; Greenpeace Canada; the Canadian Constitution Foundation; Ecojustice Canada Society; the West Coast Legal Education and Action Fund, the Atira Women’s Resource Society, the B.W.S.S. Battered Women’s Support Services Association and the Women Against Violence Against Women Rape Crisis Center (jointly); the Canadian Civil Liberties Association and Ad IDEM/ Canadian Media Lawyers Association, Canadian Journalists for Free Expression, CTV, a Division of Bell Media Inc., Global News, a Division of Corus Television Limited Partnership, Aboriginal Peoples Television Network and Postmedia Network Inc. (jointly) are granted and the said interveners or groups of interveners shall be entitled to each serve and file a single factum common to both appeals not to exceed ten (10) pages in length on or before October 22, 2019.

The motions for leave to intervene by the Canadian Broadcasting Corporation and the Barbra Schlifer Commemorative Clinic are granted and the said interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length on or before October 22, 2019, in the appeal Maia Bent, et al. v. Howard Platnick (38374).

The motion for leave to intervene by the Centre for Free Expression, Canadian Association of Journalists and Communications Workers of America/Canada (jointly) is granted and the said group of interveners shall be entitled to serve and file a single factum not to exceed ten (10) pages in length on or before October 22, 2019, in the appeal 1704604 Ontario Limited v. Pointes Protection Association, et al. (38376).

The said ten (10) interveners or groups of interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals.

The appellant, 1704604 Ontario Limited (38376), is granted permission to serve and file a single factum in reply to all interventions not to exceed fifteen (15) pages in length on or before October 29, 2019.

The respondent, Howard Platnick (38374), is granted permission to serve and file a single factum in reply to all interventions not to exceed fifteen (15) pages in length on or before October 29, 2019.

The request by the respondent, Howard Platnick (38374), for an order granting an additional fifteen (15) minutes for oral argument is dismissed.

The request by the respondents, Pointes Protection Association, et al. (38376), for an order directing the interveners, the Canadian Broadcasting Corporation and the Barbra Schlifer Commemorative Clinic, to serve their factum on the parties in the appeal 1704604 Ontario Limited v. Pointes Protection Association, et al. (38376) is granted.

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.

Allowed in part
2019-09-20 Submission of motion for leave to intervene, Row
2019-09-16 Certificate (on limitations to public access), (Letter Form) Pointes Protection Association
2019-09-16 Respondent's record, (Book Form), Missing: Form 24B (rec' 09/20/19), Completed on: 2019-09-20 Pointes Protection Association
2019-09-16 Respondent's book of authorities, (Book Form), Completed on: 2019-09-16 Pointes Protection Association
2019-09-16 Respondent's factum, (Book Form), Completed on: 2019-09-16 Pointes Protection Association
2019-09-03 Reply to the motion for leave to intervene, (Letter Form), Joint with 38374, Completed on: 2019-09-03, (Printed version filed on 2019-09-04) Ecojustice Canada Society
2019-08-30 Reply to the motion for leave to intervene, (Letter Form), Joint with 38374, Completed on: 2019-08-30 British Columbia Civil Liberties Association
2019-08-30 Reply to the motion for leave to intervene, (Letter Form), Joint with 38374, Completed on: 2019-08-30 Canadian Civil Liberties Association
2019-08-28 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-08-28, (Printed version filed on 2019-08-29) Pointes Protection Association
2019-08-26 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-08-26 1704604 Ontario Limited
2019-08-19 Certificate (on limitations to public access), (Letter Form), Form 23A Ad IDEM / Canadian Media Lawyers Association, Canadian Journalists for Free Expression, CTV, a Division of Bell Media Inc., Global News, a division of Corus Television Limited Partnership, Aboriginal Peoples Television Network, Postmedia Network Inc.
2019-08-19 Notice of name, (Letter Form) Ad IDEM / Canadian Media Lawyers Association, Canadian Journalists for Free Expression, CTV, a Division of Bell Media Inc., Global News, a division of Corus Television Limited Partnership, Aboriginal Peoples Television Network, Postmedia Network Inc.
2019-08-19 Motion for leave to intervene, (Book Form),
Joint with 38374, Completed on: 2019-08-19
Ad IDEM / Canadian Media Lawyers Association, Canadian Journalists for Free Expression, CTV, a Division of Bell Media Inc., Global News, a division of Corus Television Limited Partnership, Aboriginal Peoples Television Network, Postmedia Network Inc.
2019-08-19 Motion for leave to intervene, (Book Form), Joint with 38374, Completed on: 2019-08-19 Canadian Civil Liberties Association
2019-08-19 Notice of name, (Letter Form), Joint with 38374 West Coast Legal Education and Action Fund, Atira Women's Resource Society, B.W.S.S. Battered Women Support Services Association, Women Against Violence Against Women Rape Crisis Center
2019-08-19 Motion for leave to intervene, (Book Form),
Joint with 38374, Completed on: 2019-08-19
West Coast Legal Education and Action Fund, Atira Women's Resource Society, B.W.S.S. Battered Women Support Services Association, Women Against Violence Against Women Rape Crisis Center
2019-08-19 Certificate (on limitations to public access), (Letter Form), Form 23A Centre for Free Expression, Canadian Association of Journalists, Communications Workers of America / Canada
2019-08-19 Notice of name, (Letter Form) Centre for Free Expression, Canadian Association of Journalists, Communications Workers of America / Canada
2019-08-19 Motion for leave to intervene, (Book Form), Completed on: 2019-08-19 Centre for Free Expression, Canadian Association of Journalists, Communications Workers of America / Canada
2019-08-19 Certificate (on limitations to public access), (Letter Form), Form 23A
Joint with 38374
Canadian Constitution Foundation
2019-08-19 Certificate (on limitations to public access), (Letter Form), Form 23A Greenpeace Canada
2019-08-16 Notice of name, (Letter Form), Joint with 38374 Ecojustice Canada Society
2019-08-16 Motion for leave to intervene, (Book Form), Joint with 38374, Completed on: 2019-08-16, (Printed version filed on 2019-08-19) Ecojustice Canada Society
2019-08-16 Notice of name, (Letter Form), Joint with 38374 Canadian Constitution Foundation
2019-08-16 Motion for leave to intervene, (Book Form), Joint with 38374
AMENDED cover pages (with correct name), including amended electronic version, received on 2019-08-20, Completed on: 2019-08-16, (Printed version filed on 2019-08-19)
Canadian Constitution Foundation
2019-08-16 Notice of name, (Letter Form), Joint with 38374 Greenpeace Canada
2019-08-16 Motion for leave to intervene, (Book Form), Joint with 38374, Completed on: 2019-08-16, (Printed version filed on 2019-08-19) Greenpeace Canada
2019-08-16 Notice of name, (Letter Form) British Columbia Civil Liberties Association
2019-08-16 Motion for leave to intervene, (Book Form), Joint with 38374
MISSING: fliing fee, Incomplete, (Printed version filed on 2019-08-19)
British Columbia Civil Liberties Association
2019-08-08 Notice of hearing sent to parties
2019-07-31 Appeal hearing scheduled, 2019-11-12, ** EARLY START, 9 A.M. **
Judgment reserved
2019-07-22 Appellant's record, (Book Form), (8 volumes), Completed on: 2019-07-22 1704604 Ontario Limited
2019-07-22 Appellant's book of authorities, (Book Form), Completed on: 2019-07-22 1704604 Ontario Limited
2019-07-22 Certificate of counsel (attesting to record), (Letter Form) 1704604 Ontario Limited
2019-07-22 Appellant's factum, (Book Form), Amended copy rec'd., Completed on: 2019-07-23 1704604 Ontario Limited
2019-05-27 Notice of appeal, (Letter Form), Completed on: 2019-05-27 1704604 Ontario Limited
2019-05-06 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2019-04-26 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2019-04-26 Judgment on leave sent to the parties
2019-04-25 Judgment of the Court on the application for leave to appeal,
The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C62231, 2018 ONCA 685, dated August 30, 2018, is granted with costs in the cause.

The appeal will be heard with Maia Bent, et al. v. Howard Platnick (38374).
Granted, with costs in the cause
2019-04-25 Decision on motion to extend time to file and /or serve the leave application, See decision on the application.
Granted
2019-03-04 All materials on application for leave submitted to the Judges, CJ Row Mar, for consideration by the Court
2019-03-04 Submission of motion to extend time to file and/ or serve the leave application, CJ Row Mar, for consideration by the Court
2018-12-10 Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-12-10 1704604 Ontario Limited
2018-12-05 Reply to the motion to extend time to file and/ or serve the leave application, Completed on: 2018-12-05 1704604 Ontario Limited
2018-11-30 Certificate (on limitations to public access), (Letter Form) Pointes Protection Association
2018-11-30 Notice of name, (Letter Form) Pointes Protection Association
2018-11-30 Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2018-11-30 Pointes Protection Association
2018-11-30 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-11-30 Pointes Protection Association
2018-11-19 Correspondence received from, (Letter Form), Return of the CA Order form; CA Order will be filed on November 28, 2018. 1704604 Ontario Limited
2018-11-06 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2018/11/06
2018-11-02 Correspondence received from, (Letter Form), This file is related to 38374 and requests that this file be considered with that matter. 1704604 Ontario Limited
2018-11-01 Book of authorities, (Book Form), (3 volumes), Completed on: 2018-11-01 1704604 Ontario Limited
2018-10-31 Certificate (on limitations to public access), (Letter Form) 1704604 Ontario Limited
2018-10-31 Notice of name, (Letter Form) 1704604 Ontario Limited
2018-10-31 Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2018-10-31 1704604 Ontario Limited
2018-10-31 Application for leave to appeal, (Book Form), Signed ONCA decision missing-rec'd 2018/11/07; final Order missing-rec'd 2018/11/29, Completed on: 2018-11-29 1704604 Ontario Limited