Docket

38741

Owners, Strata Plan LMS 3905 v. Crystal Square Parking Corporation

(B.C.) (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)
2021-02-22 Appeal closed
2020-12-18 Order on miscellaneous motion, By the Chief Justice
2020-12-18 Decision on miscellaneous motion, UPON APPLICATION by the appellant for an order, pursuant to Rule 76, granting a re-hearing to clarify or vary the costs order in the Court’s judgment from “costs throughout” to “costs in this Court and in Appeal Court”;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is dismissed.


Dismissed
2020-12-18 Submission of miscellaneous motion
2020-12-09 Reply to miscellaneous motion, (Letter Form), Completed on: 2020-12-09 Owners, Strata Plan LMS 3905
2020-12-04 Response to miscellaneous motion, Completed on: 2020-12-04 Crystal Square Parking Corporation
2020-11-19 Notice of miscellaneous motion, (Book Form), Missing: Filing fee (will not be collected for the moment due to Covid restrictions), Incomplete Owners, Strata Plan LMS 3905
2020-10-26 Formal judgment sent to the registrar of the court of appeal and all parties
2020-10-26 Judgment on appeal and notice of deposit of judgment sent to all parties
2020-10-23 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 CA44250, 2019 BCCA 145, dated May 7, 2019, heard on June 9, 2020, is dismissed with costs throughout. Rowe J. dissents in part.
Dismissed, with costs
2020-07-07 Correspondence received from, (Letter Form), the respondent; response to the appellant's correspondence. Crystal Square Parking Corporation
2020-06-26 Transcript received, 94 pages
2020-06-19 Correspondence received from, (Letter Form), RE: Correction of error made during the oral arguments at the hearing. Owners, Strata Plan LMS 3905
2020-06-09 Judgment reserved OR rendered with reasons to follow
2020-06-09 Hearing of the appeal, 2020-06-09, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment reserved
2020-06-08 Respondent's condensed book, (Book Form) Crystal Square Parking Corporation
2020-06-08 Intervener's condensed book, (Book Form) Urban Development Institute - Pacific Region
2020-06-08 Appellant's condensed book, (Book Form) Owners, Strata Plan LMS 3905
2020-06-01 Notice of appearance, (Letter Form), Andrew Morrison and Mark V. Lewis will appear before the court. Mr. Morrison will present oral arguments.
 Urban Development Institute - Pacific Region
2020-05-29 Notice of appearance, (Letter Form), Wes McMillan will appear before the court, and will present oral arguments.
 C.H.O.A. Condominium Home Owners' Association of B.C.
2020-05-29 Notice of appearance, (Letter Form), Stephen Hamilton will appear before the court, and will present oral arguments.
 Owners, Strata Plan LMS 3905
2020-05-29 Notice of appearance, (Letter Form), Ken McEwan, Q.C. and Emily Kirkpatrick will appear before the court. Mr. McEwan will present oral arguments.
 Crystal Square Parking Corporation
2020-05-22 Intervener's factum, (Book Form), Completed on: 2020-05-22 Urban Development Institute - Pacific Region
2020-05-22 Intervener's factum, (Book Form), rec'd amended electronic copy of Intervener's factum 2020/06/04, Completed on: 2020-06-04 C.H.O.A. Condominium Home Owners' Association of B.C.
2020-05-21 Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties, (By email)
2020-05-21 Notice of hearing sent to parties, (by email)
2020-05-21 Appeal hearing scheduled, 2020-06-09, (By videoconference) (Previously scheduled on May 21, 2020)
Hearing will start at 1:30 p.m. EST.
Judgment reserved
2020-05-19 Respondent's book of authorities, (Book Form), (2 volumes), Completed on: 2020-05-19 Crystal Square Parking Corporation
2020-05-19 Respondent's factum, (Book Form), Completed on: 2020-05-19 Crystal Square Parking Corporation
2020-05-11 Order on motion for leave to intervene, by ABELLA J.
2020-05-11 Decision on the motion for leave to intervene, Abe,
UPON APPLICATION by Urban Development Institute – Pacific Region, 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 factum not to exceed ten (10) pages in length on or before May 22, 2020.
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
2020-05-11 Submission of motion for leave to intervene, Abe
2020-05-07 Correspondence received from, (Letter Form), Moira Dillon.
The appellant will not be filing a response to the motion for leave to intervene filed by the proposed intervener, Urban Development Institute - Pacific Region. 		Owners, Strata Plan LMS 3905
2020-05-04 Notice of name, (Letter Form), (Printed version due on 2020-05-11) Urban Development Institute - Pacific Region
2020-05-04 Motion for leave to intervene, (Book Form),
MISSING: filing fee
, Incomplete, (Printed version due on 2020-05-11)		 Urban Development Institute - Pacific Region
2020-04-27 Correspondence (sent by the Court) to, all parties, by the Registrar, Re: scheduling of the appeal by videoconference
2020-04-23 Order on motion for leave to intervene, by ABELLA J.
2020-04-23 Decision on the motion for leave to intervene, Abe,
UPON APPLICATION by C.H.O.A. Condominium Home Owners’ Association of B.C. 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 factum not to exceed ten (10) pages in length on or before May 22, 2020.
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.
The Registrar is directed to place a notice on the Court’s website that any other persons interested in intervening in this appeal must contact the Registry of the Court for directions by May 1, 2020.

Granted
2020-04-23 Submission of motion for leave to intervene, Abe
2020-04-23 Correspondence received from, (Letter Form), Counsel for the appellant. Does not intend to file a response to the motion for leave to intervene., (Printed version due on 2020-04-30) Owners, Strata Plan LMS 3905
2020-04-17 Reply to the motion for leave to intervene, (Letter Form), Incomplete, (Printed version due on 2020-04-24) C.H.O.A. Condominium Home Owners' Association of B.C.
2020-04-14 Response to the motion for leave to intervene, (Letter Form), Incomplete, (Printed version due on 2020-04-21) Crystal Square Parking Corporation
2020-03-27 Notice of name, (Letter Form), (Printed version due on 2020-04-03) C.H.O.A. Condominium Home Owners' Association of B.C.
2020-03-27 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version due on 2020-04-03)		 C.H.O.A. Condominium Home Owners' Association of B.C.
2020-03-11 Notice of hearing sent to parties
2020-02-28 Certificate of counsel (attesting to record), (Letter Form) Owners, Strata Plan LMS 3905
2020-02-28 Appellant's record, (Book Form), (2 volumes), Completed on: 2020-02-28 Owners, Strata Plan LMS 3905
2020-02-28 Appellant's book of authorities, (Book Form), Completed on: 2020-02-28 Owners, Strata Plan LMS 3905
2020-02-28 Appellant's factum, (Book Form), Completed on: 2020-02-28 Owners, Strata Plan LMS 3905
2020-01-23 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2020-01-02 Notice of appeal, (Letter Form), Completed on: 2020-01-02 Owners, Strata Plan LMS 3905
2019-12-06 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2019-12-06 Judgment on leave sent to the parties
2019-12-05 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 CA44250, 2019 BCCA 145, dated May 7, 2019, is granted with costs in the cause.
Granted, with costs in the cause
2019-10-28 All materials on application for leave submitted to the Judges, for consideration by the Court
2019-09-13 Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-09-13 Owners, Strata Plan LMS 3905
2019-09-03 Certificate (on limitations to public access), (Letter Form), 23A Crystal Square Parking Corporation
2019-09-03 Notice of name, (Letter Form) Crystal Square Parking Corporation
2019-09-03 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-09-03 Crystal Square Parking Corporation
2019-08-16 Correspondence received from, (Letter Form), CA Order Form - October 31, 2019
 Owners, Strata Plan LMS 3905
2019-08-06 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED AUGUST 6, 2019
2019-08-01 Certificate (on limitations to public access), (Letter Form), 23A Owners, Strata Plan LMS 3905
2019-08-01 Notice of name, (Letter Form) Owners, Strata Plan LMS 3905
2019-08-01 Application for leave to appeal, (Book Form), Missing CA order-rec'd 2020/03/06, Completed on: 2019-10-29 Owners, Strata Plan LMS 3905