Docket

38949

Trial Lawyers Association of British Columbia v. Royal Sun Alliance Insurance Company of Canada

(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)
2021-04-26 Notice of appearance, Ryan D. W. Dalziel, Q.C., and Esher V. Madhur will appear before the court, and Mr. Dalziel will present oral arguments. Trial Lawyers Association of British Columbia
2021-04-22 Notice of appearance, Gavin MacKenzie will appear before the court, and will present oral arguments. Ontario Trial Lawyers Association
2021-04-22 Notice of appearance, David A. Tompkins and Mark A. Borgo will appear before the court. Mr. Tompkins will present oral arguments. Royal Sun Alliance Insurance Company of Canada
2021-03-30 Intervener's factum, (Book Form), Completed on: 2021-04-14, (Printed version filed on 2021-03-30) Ontario Trial Lawyers Association
2021-02-24 Respondent's book of authorities, (Book Form), Completed on: 2021-03-16, (Printed version filed on 2021-02-24) Royal Sun Alliance Insurance Company of Canada
2021-02-24 Respondent's factum, (Book Form), Completed on: 2021-03-16, (Printed version filed on 2021-02-24) Royal Sun Alliance Insurance Company of Canada
2021-02-18 Notice of hearing sent to parties
2021-02-18 Appeal hearing scheduled, 2021-05-17
2021-02-16 Order on motion for leave to intervene, by MARTIN J.
2021-02-16 Decision on the motion for leave to intervene, Mar, UPON APPLICATION by the Ontario Trial Lawyers 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, and book of authorities, if any, on or before March 30, 2021.

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
2021-02-16 Submission of motion for leave to intervene, Mar
2021-02-03 Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-02-04, (Printed version due on 2021-02-10) Royal Sun Alliance Insurance Company of Canada
2021-02-02 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), sent by email on 2021-02-03
2021-01-26 Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2021-02-02) Ontario Trial Lawyers Association
2021-01-26 Notice of name, (Letter Form), (Printed version due on 2021-02-02) Ontario Trial Lawyers Association
2021-01-26 Motion for leave to intervene, (Book Form), MISSING: filing fee, Incomplete, (Printed version due on 2021-02-02) Ontario Trial Lawyers Association
2020-12-18 Certificate of counsel (attesting to record), (Letter Form) Trial Lawyers Association of British Columbia
2020-12-18 Notice of name, (Letter Form) Trial Lawyers Association of British Columbia
2020-12-18 Appellant's book of authorities, (Book Form), Completed on: 2020-12-18, (Printed version filed on 2021-02-10) Trial Lawyers Association of British Columbia
2020-12-18 Appellant's record, (Book Form), (14 volumes), Completed on: 2020-12-18, (Printed version filed on 2020-12-18) Trial Lawyers Association of British Columbia
2020-12-18 Appellant's factum, (Book Form), Completed on: 2020-12-18, (Printed version filed on 2020-12-18) Trial Lawyers Association of British Columbia
2020-11-18 Order on motion to extend time, by DAVID POWER
2020-11-18 Decision on motion to extend time, DeRg,
UPON APPLICATION by the appellant for an order extending the time to file its factum, record and book of authorities, if any, to December 18, 2020;

AND THE MATERIAL FILED having been read;

AND NOTING the consent of the respondent;

IT IS HEREBY ORDERED THAT:

The motion is granted.

Granted
2020-11-18 Submission of motion to extend time, DeRg
2020-11-04 Response to motion to extend time, (Letter Form), Completed on: 2020-11-04, (Printed version due on 2020-11-12) Royal Sun Alliance Insurance Company of Canada
2020-11-02 Motion to extend time, (Book Form),
MISSING: filing fee, Incomplete, (Printed version due on 2020-11-09)
Trial Lawyers Association of British Columbia
2020-09-24 Order on motion to add or substitute parties, by ROWE J.
2020-09-24 Decision on motion to add or substitute parties, Row,
UPON APPLICATION by the intervener, Trial Lawyers Association of British Columbia, for an order to be substituted as the appellant in the above appeal, pursuant to Rules 18 and 47 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.
Trial Lawyers Association of British Columbia is substituted as the appellant in the proceedings before this Court pursuant to Rule 18(1) of the Rules of the Supreme Court of Canada and the style of cause shall be modified to reflect this change.
The request made by Royal Sun Alliance Insurance Company of Canada for solicitor and client costs shall be deferred.

Granted
2020-09-24 Submission of motion to add or substitute parties, Row
2020-08-19 Reply to motion to add or substitute parties, (Letter Form), Completed on: 2020-08-19, (Printed version due on 2020-08-26) Trial Lawyers Association of British Columbia
2020-08-18 Response to motion to add or substitute parties, (Book Form), Completed on: 2020-08-18, (Printed version due on 2020-08-25) Royal Sun Alliance Insurance Company of Canada
2020-08-10 Correspondence received from, (Letter Form), David A. Tompkins
Intends to respond to the motion filed by Trial Lawyers’ Association of British Columbia by August 21, 2020., (Printed version due on 2020-08-17)
Royal Sun Alliance Insurance Company of Canada
2020-07-23 Correspondence received, From Gavin MacKenzie, counsel for Ontario Trial Lawyers’ Association. Clarification further to first letter.
2020-07-23 Correspondence received, From Gavin MacKenzie, counsel for Ontario Trial Lawyers’ Association. Letter in support of Trial Lawyers’ Association of British Columbia’s motion to add or substitute parties.
2020-07-23 Notice of change of counsel, (Letter Form), David A. Tompkins of Bell, Temple is now counsel for the Respondent.
Royal Sun Alliance Insurance Company of Canada
2020-06-29 Motion to add or substitute parties, (Book Form),
MISSING: filing fee, Incomplete, (Printed version due on 2020-07-07)
Trial Lawyers Association of British Columbia
2020-06-23 Correspondence received from, (Letter Form), RE: Intentions to file a motion under Rule 18 of the Rules of the Supreme Court of Canada Trial Lawyers Association of British Columbia
2020-06-22 General proceeding, This proceeding is entered to reflect the discontinuance of the party "Jeffrey Bradfield" only. The file continues with other appellants. Trial Lawyers Association of British Columbia
2020-05-11 Notice of appeal, (Letter Form), Completed on: 2020-05-11 Jeffrey Bradfield
2020-04-24 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2020-04-24 Judgment on leave sent to the parties
2020-04-23 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 C65787, 2019 ONCA 800, dated October 7, 2019, is granted with costs in the cause.
Granted, with costs in the cause
2020-04-14 Notice of change of solicitor, (Letter Form) Royal Sun Alliance Insurance Company of Canada
2020-03-23 All materials on application for leave submitted to the Judges, for consideration by the Court
2020-02-03 Applicant's reply to respondent's argument, (Book Form), Completed on: 2020-03-03 Jeffrey Bradfield
2020-01-28 Notice of name, (Letter Form) Royal Sun Alliance Insurance Company of Canada
2020-01-28 Certificate (on limitations to public access), (Letter Form) Royal Sun Alliance Insurance Company of Canada
2020-01-28 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-01-28 Royal Sun Alliance Insurance Company of Canada
2019-12-17 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 12/17/19
2019-12-06 Certificate (on limitations to public access), (Letter Form) Jeffrey Bradfield
2019-12-06 Application for leave to appeal, (Book Form), Missing: CA Order (rec' 01/08/20), Completed on: 2020-03-03 Jeffrey Bradfield