Docket

38463

C.M. Callow Inc. v. Tammy Zollinger, 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)
2019-12-27 Transcript received, Joint with 38601 - 139 pages
2019-12-06 Judgment reserved OR rendered with reasons to follow
2019-12-06 Hearing of the appeal, 2019-12-06, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment reserved
2019-12-06 Intervener's condensed book, (Book Form) Canadian Chamber of Commerce
2019-12-06 Intervener's condensed book, (Book Form) Canadian Federation of Independent Business
2019-12-06 Respondent's condensed book, (Book Form) Tammy Zollinger
2019-12-06 Appellant's condensed book, (Book Form) C.M. Callow Inc.
2019-11-27 Appeal perfected for hearing
2019-11-25 Notice of appearance, (Letter Form), Anne Tardif, Rodrigo Escayola and David Plotkin will appear before the court. Ms. Tardif will present oral arguments. Tammy Zollinger
2019-11-25 Correspondence received from, (Letter Form), 3 reserved seats requested C.M. Callow Inc.
2019-11-25 Correspondence received from, (Letter Form), 4 reserved seats requested Tammy Zollinger
2019-11-22 Notice of appearance, (Letter Form), Brandon Kain, Adam Goldenberg, Vivian Ntiri and Miriam Vale Peters will appear before the court. Mr. Kain and Goldenberg will present oral arguments. C.M. Callow Inc.
2019-11-22 Notice of appearance, (Letter Form), Catherine Beagan Flood and Nicole Henderson will appear before the court. Ms. Beagan Flood will present oral arguments. Canadian Federation of Independent Business
2019-11-22 Reply factum on appeal, (Book Form), Completed on: 2019-11-22 Tammy Zollinger
2019-11-22 Reply factum on appeal, (Book Form), Completed on: 2019-11-22 C.M. Callow Inc.
2019-11-21 Correspondence received from, (Letter Form), 1 seat requested Canadian Chamber of Commerce
2019-11-21 Notice of appearance, (Letter Form), Joint with 38601
Jeremy Opolsky and Winston Gee will appear before the court. Mr. Opolsky will present oral arguments.
Canadian Chamber of Commerce
2019-11-19 Respondent's record, (Book Form), Completed on: 2019-11-19 Tammy Zollinger
2019-11-19 Certificate of counsel (attesting to record) Tammy Zollinger
2019-11-19 Respondent's book of authorities, (Book Form), Completed on: 2019-11-19 Tammy Zollinger
2019-11-19 Respondent's factum, (Book Form), Completed on: 2019-11-19 Tammy Zollinger
2019-11-18 Intervener's factum, (Book Form), Jointly with 38601, Completed on: 2019-11-18 Canadian Chamber of Commerce
2019-11-18 Intervener's book of authorities, (Book Form), Completed on: 2019-11-18 Canadian Federation of Independent Business
2019-11-18 Intervener's factum, (Book Form), Completed on: 2019-11-18 Canadian Federation of Independent Business
2019-11-05 Order on motion for leave to intervene, by ABELLA J.
2019-11-05 Decision on the motion for leave to intervene, Abe,
UPON APPLICATION by the Canadian Chamber of Commerce for leave to intervene in the appeals C.M. Callow Inc. v. Tammy Zollinger, et al. (38463) and Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District (38601);

AND UPON APPLICATION by the Canadian Federation of Independent Business for leave to intervene in the appeal C.M. Callow Inc. v. Tammy Zollinger, et al. (38463);

AND UPON APPLICATION by the Attorney General of British Columbia for leave to intervene in the appeal Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District (38601);

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motions for leave to intervene are granted and the said three (3) interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length. The deadline set by the Registrar on July 23, 2019, is varied and the interveners shall serve and file their factums and books of authorities, if any, on or before November 18, 2019.

The said three (3) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

The appellants and respondents in both appeals are each granted permission to serve and file a single factum in reply to all interventions not to exceed five (5) pages in length on or before November 22, 2019, at 3 p.m. EST.

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 appellants and respondents any additional disbursements resulting from their interventions.

Granted
2019-11-05 Submission of motion for leave to intervene, Abe
2019-10-28 Response to the motion for leave to intervene, (Letter Form), to both motions for leave to intervene, Completed on: 2019-10-28 Tammy Zollinger
2019-10-24 Response to the motion for leave to intervene, (Letter Form), to both motions for leave to intervene, Completed on: 2019-10-24 C.M. Callow Inc.
2019-10-22 Correspondence received from, Ontario Superior Court Order of 2017-11-27 C.M. Callow Inc.
2019-10-22 Notice of name, (Letter Form) Canadian Chamber of Commerce
2019-10-22 Motion for leave to intervene, (Book Form), Joint with 38601, Completed on: 2019-10-22 Canadian Chamber of Commerce
2019-10-22 Notice of name, (Letter Form) Canadian Federation of Independent Business
2019-10-22 Motion for leave to intervene, (Book Form), Completed on: 2019-10-22 Canadian Federation of Independent Business
2019-10-01 Certificate (on limitations to public access), (Letter Form), 23A C.M. Callow Inc.
2019-10-01 Certificate of counsel (attesting to record), (Letter Form), 24A C.M. Callow Inc.
2019-10-01 Appellant's record, (Book Form), (3 volumes), Completed on: 2019-10-01 C.M. Callow Inc.
2019-10-01 Appellant's book of authorities, (Book Form), (2 volumes), Completed on: 2019-10-01 C.M. Callow Inc.
2019-10-01 Appellant's factum, (Book Form), Modified copy received (2019-11-29)., Completed on: 2019-10-01 C.M. Callow Inc.
2019-08-27 Notice of appeal, (Letter Form), Completed on: 2019-08-27 C.M. Callow Inc.
2019-08-13 Notice of hearing sent to parties
2019-07-31 Appeal hearing scheduled, 2019-12-06,
The schedule for serving and filing the material is set as follows:

The notice of appeal shall be served and filed on or before August 27, 2019.

The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before October 1, 2019.

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 22, 2019.

The appellant and respondents shall serve and file their response(s), if any, to the motions for leave to intervene on or before October 29, 2019.

Replies to any responses to the motions for leave to intervene shall be served and filed on or before October 31, 2019.

Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before November 22, 2019.

The respondents’ record, factum and book of authorities, if any, shall be served and filed on or before November 19, 2019.
Judgment reserved
2019-07-23 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2019-06-28 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2019-06-28 Judgment on leave sent to the parties
2019-06-27 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 for Ontario, Number C64791, 2018 ONCA 896, dated November 9, 2018, is granted with costs in the cause.

The schedule for serving and filing materials will be set by the Registrar.
Granted, with costs in the cause
2019-04-29 All materials on application for leave submitted to the Judges, for consideration by the Court
2019-02-14 Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-02-14 C.M. Callow Inc.
2019-02-06 Notice of name, (Letter Form) Tammy Zollinger
2019-02-06 Certificate (on limitations to public access), (Letter Form) Tammy Zollinger
2019-02-06 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-02-06 Tammy Zollinger
2019-01-09 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2019/01/09
2019-01-04 Book of authorities, (Book Form), Completed on: 2019-01-04 C.M. Callow Inc.
2019-01-04 Certificate (on limitations to public access), (Letter Form) C.M. Callow Inc.
2019-01-04 Notice of name, (Letter Form) C.M. Callow Inc.
2019-01-04 Application for leave to appeal, (Book Form), Missing:
-Signed decision of the ONSC
-Final Order of the ONSC
-Signed decision of the ONCA
-Final Order of the ONCA
ALL REC'D 2019/01/25, Completed on: 2019-01-25
C.M. Callow Inc.