Docket

38498

Danelle Michel v. Sean Graydon

(British Columbia) (Civil) (By Leave)

(Certain information not available to the public)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2020-09-21 Appeal closed
2020-09-18 Written reasons rendered after oral judgment, CJ Abe Mo Ka Côt Br Row Mar Kas
Allowed, with costs
2020-06-17 Correspondence (sent by the Court) to, the parties. Letter with respect to sensitive information revealed at the hearing of the appeal.
2019-11-25 Transcript received, 101 pages
2019-11-15 Formal judgment sent to the registrar of the court of appeal and all parties
2019-11-15 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-11-14 Judgment reserved OR rendered with reasons to follow
2019-11-14 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA44543, 2018 BCCA 449, dated November 30, 2018, was heard on November 14, 2019, and the Court on that day delivered the following judgment orally:

THE CHIEF JUSTICE — We are unanimous to reinstate the order of Judge G. Smith of the Provincial Court of British Columbia dated September 26, 2016.

Therefore, the appeal is allowed with costs throughout. Reasons to follow.
Allowed, with costs
2019-11-14 Hearing of the appeal, 2019-11-14, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment rendered
2019-11-14 General proceeding, (Letter Form), Questionnaire Case Sensitivity Sean Graydon
2019-11-14 General proceeding, (Letter Form), Questionnaire Case Sensitivity Danelle Michel
2019-11-14 Intervener's condensed book, (Book Form) West Coast Legal Education and Action Fund Association
2019-11-14 Respondent's condensed book, (Book Form) Sean Graydon
2019-11-14 Appellant's condensed book, (Book Form) Danelle Michel
2019-11-07 Notice of appearance, (Letter Form), Peter M. Mennie and Michael Sobkin will appear before the court. Mr. Mennie will present oral arguments. Danelle Michel
2019-11-04 Certificate (on limitations to public access), (Letter Form), 23B Danelle Michel
2019-11-04 Reply factum on appeal, (Book Form),
-Proof of service missing (received November 5, 2019), Completed on: 2019-11-05
Danelle Michel
2019-10-31 Intervener's book of authorities, (Book Form), Completed on: 2019-10-31 West Coast Legal Education and Action Fund Association
2019-10-31 Intervener's factum, (Book Form), Completed on: 2019-10-31 West Coast Legal Education and Action Fund Association
2019-10-23 Notice of appearance, (Letter Form), Ryan Dueckman, Karen Tiwana and Shawn Duguay will appear before the court. Mr. Ryan Dueckman will present oral arguments. Sean Graydon
2019-10-22 Notice of appearance, (Letter Form), Dustin Klaudt, Joshua Sealy-Harrington and Jennifer Klinck will appear before the court. Mrs. Jennifer Klinck will present oral arguments. West Coast Legal Education and Action Fund Association
2019-10-22 Certificate (on limitations to public access), 23B Sean Graydon
2019-10-22 Respondent's factum, (Book Form), (RESTRICTED) 2 redacted copies filed, Completed on: 2019-10-22 Sean Graydon
2019-10-10 Order on motion for leave to intervene, (by MOLDAVER J.)
2019-10-10 Decision on the motion for leave to intervene, Mo,
UPON APPLICATION by the West Coast Legal Education and Action Fund Association 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 single factum not to exceed ten (10) pages in length on or before October 31, 2019.
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.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondent any additional disbursements resulting from its intervention.
Granted
2019-10-10 Submission of motion for leave to intervene, Mo
2019-10-10 Order on motion to extend time, (by MOLDAVER J.)
2019-10-10 Decision on motion to extend time, Mo,
UPON APPLICATION by the respondent for an order extending the time to serve and file his factum and book of authorities, if any, to October 22, 2019, and for leave to present oral argument pursuant to Rule 71(3) of the Rules of the Supreme Court of Canada;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2019-10-10 Submission of motion to extend time, Mo
2019-10-07 Correspondence received from, Isabelle Côté, re: do not object to late service West Coast Legal Education and Action Fund Association
2019-10-04 Correspondence received from, Karen Collins by email, re: late service Sean Graydon
2019-10-01 Response to motion to extend time, (Letter Form), Proof of service missing, Completed on: 2019-10-09 Danelle Michel
2019-09-27 Motion to extend time, (Letter Form), for the respondent's factum, Completed on: 2019-09-27 Sean Graydon
2019-09-18 Response to the motion for leave to intervene, (Letter Form), MISSING: proof of service (received October 4, 2019) - extension required, Completed on: 2019-10-09 Sean Graydon
2019-09-17 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-09-17 Danelle Michel
2019-09-09 Certificate (on limitations to public access), (Letter Form) West Coast Legal Education and Action Fund Association
2019-09-09 Notice of name, (Letter Form) West Coast Legal Education and Action Fund Association
2019-09-09 Motion for leave to intervene, (Book Form), Completed on: 2019-10-04 West Coast Legal Education and Action Fund Association
2019-08-12 Certificate of counsel (attesting to record), (Letter Form) Danelle Michel
2019-08-12 Certificate (on limitations to public access), (Letter Form), 23B Danelle Michel
2019-08-12 Appellant's record, (Book Form), RESTRICTION, Completed on: 2019-08-16 Danelle Michel
2019-08-12 Appellant's book of authorities, (Book Form), Completed on: 2019-08-16 Danelle Michel
2019-08-12 Appellant's factum, (Book Form), Completed on: 2019-08-16 Danelle Michel
2019-08-08 Notice of hearing sent to parties
2019-07-31 Appeal hearing scheduled, 2019-11-14
Judgment rendered
2019-06-17 Notice of appeal, (Letter Form), Completed on: 2019-06-17 Danelle Michel
2019-05-28 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2019-05-17 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2019-05-17 Judgment on leave sent to the parties
2019-05-16 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 CA44543, 2018 BCCA 449, dated November 30, 2018, is granted with costs in the cause.
Granted, with costs in the cause
2019-04-15 All materials on application for leave submitted to the Judges, for consideration by the Court
2019-03-22 Certificate (on limitations to public access), (Letter Form), 23B-Reply Danelle Michel
2019-03-18 Applicant's reply to respondent's argument, (Letter Form), 23B missing-rec'd 2019/03/22, Completed on: 2019-03-22 Danelle Michel
2019-03-08 Certificate (on limitations to public access), (Letter Form), 23B Sean Graydon
2019-03-08 Certificate (on limitations to public access), (Letter Form), 23A; Amended certificate rec'd 2019/03/14 Sean Graydon
2019-03-08 Respondent's response on the application for leave to appeal, (Book Form), RESTRICTED; Amended covers required-rec'd 2019/03/15; 2 redacted copies required-rec'd 2019/03/19, Completed on: 2019-03-19 Sean Graydon
2019-03-01 Certificate (on limitations to public access), (Letter Form), 23B Danelle Michel
2019-02-25 Correspondence received from, (Letter Form), Return of the CA Order form; filing date unknown. Danelle Michel
2019-02-07 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2019/02/07
2019-01-25 Certificate (on limitations to public access), (Letter Form), 23A; Amended certificate rec'd 2019/03/01 Danelle Michel
2019-01-25 Application for leave to appeal, (Book Form), CA Order missing, Completed on: 2019-04-16 Danelle Michel