Docket
38992
Canadian Broadcasting Corporation v. His Majesty the King, et al.
(Manitoba) (Civil) (By Leave)
(Publication ban in case) (Sealing order)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-09-21 | Notice of appearance, Lesley Ruzicka and Chantelle Rajotte will appear before the Court Via Zoom and Ms. Ruzicka will present oral argument. |
Attorney General of British Columbia |
| 2023-09-20 | Notice of appearance, Iain MacKinnon will appear before the Court via Zoom and will present oral argument. |
Ad IDEM / Canadian Media Lawyers Association |
| 2023-09-20 | Notice of appearance, Michael Bernstein will appear before the Court Via Zoom and will present oral argument. |
Attorney General of British Columbia |
| 2023-09-20 | Notice of appearance, Mr. Fredrick Schumann and Ms. Karen Bernofsky will appear before the Court Via Zoom and Mr. Schumann will present oral argument. |
Centre for Free Expression |
| 2023-09-20 | Notice of appearance, Mr. Michael Bodner and Joel N. Myskiw will appear in person before the Court, Mr. Bodner will present oral argument. |
His Majesty the King |
| 2023-09-20 | Notice of appearance, Jonathan B. Kroft, K.C.; Sean Moreman and Jennifer Sokal will appear in person before the Court, Mr. Kroft will present Oral argument and Mr. Moreman will make reply argument. | Canadian Broadcasting Corporation |
| 2023-09-20 | Notice of appearance, Mr. Robert Gosman will appear in person before the Court and will present oral argument. |
B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2023-09-12 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2023-09-19) | Canadian Broadcasting Corporation |
| 2023-09-12 | Reply factum on appeal, (Book Form), Completed on: 2023-09-12, (Printed version filed on 2023-09-12) | Canadian Broadcasting Corporation |
| 2023-09-06 | Intervener's factum, (Book Form), Missing: - Proof of service, Incomplete, (Printed version filed on 2023-09-12) |
Ad IDEM / Canadian Media Lawyers Association |
| 2023-09-05 | Intervener's factum, (Book Form), Missing: - Proof of service, Incomplete |
Attorney General for Ontario |
| 2023-09-05 | Intervener's factum, (Book Form), Completed on: 2023-09-08, (Printed version filed on 2023-09-08) | Centre for Free Expression |
| 2023-09-05 | Intervener's book of authorities, (Book Form), Completed on: 2023-09-05, (Printed version filed on 2023-09-05) | Attorney General of British Columbia |
| 2023-09-05 | Intervener's factum, (Book Form), Completed on: 2023-09-05, (Printed version filed on 2023-09-05) | Attorney General of British Columbia |
| 2023-08-08 | Certificate (on limitations to public access), Form 23B | His Majesty the King |
| 2023-08-08 | Certificate (on limitations to public access) | His Majesty the King |
| 2023-08-08 | Respondent's book of authorities, (Book Form), Completed on: 2023-08-08 | His Majesty the King |
| 2023-08-08 | Respondent's factum, (Book Form), SEALED, Completed on: 2023-08-08, (Printed version filed on 2023-08-08) | His Majesty the King |
| 2023-08-04 | Correspondence received from, pursuant to Rule 19.1 | B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2023-08-04 | Certificate (on limitations to public access), Form 23B | B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2023-08-04 | Certificate (on limitations to public access), Form 23A | B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2023-08-04 | Respondent's factum, (Book Form), SEALED, Completed on: 2023-08-04, (Printed version filed on 2023-08-04) | B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2023-06-30 | Correspondence (sent by the Court) to, all parties, by the Registrar, Re: sealed documents (sent by email) | |
| 2023-06-27 | Notice of hearing sent to parties, via email. | |
| 2023-06-27 | Appeal hearing scheduled, 2023-10-19 | |
| 2023-06-13 | Appellant's book of authorities, (Book Form), Completed on: 2023-06-16 | Canadian Broadcasting Corporation |
| 2023-06-13 | Correspondence received from, Letter to the Registrar re: filing sealed materials | Canadian Broadcasting Corporation |
| 2023-06-13 | Certificate (on limitations to public access), 23A & 23B | Canadian Broadcasting Corporation |
| 2023-06-13 | Appellant's factum, (Book Form), Completed on: 2023-06-13, (Printed version filed on 2023-06-13) | Canadian Broadcasting Corporation |
| 2023-06-09 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2023-05-16 | Correspondence received from, (Letter Form), Michael Sobkin, RE: Confirmation that the respondent DOES NOT intend to participate in the Publication Ban Appeal hearing., (Printed version filed on 2023-05-16) | Stanley Frank Ostrowski |
| 2023-05-16 | Correspondence received from, (Letter Form), Michael Bernstein, RE: Confirmation that the respondents intend to participate in the Publication Ban Appeal hearing. Missing: Proof of Service (rec' 05/17/23), (Printed version filed on 2023-05-19) |
Attorney General for Ontario |
| 2023-05-15 | Correspondence received from, (Letter Form), Tess C. Layton, RE: Confirmation that the respondents intend to participate in the Publication Ban Appeal hearing., (Printed version filed on 2023-06-15) | Ad IDEM / Canadian Media Lawyers Association |
| 2023-05-12 | Correspondence received from, (Letter Form), Lesley Ruzicka, K.C. and Chantelle Rajotte, RE: Confirmation that the respondents intend to participate in the Publication Ban Appeal hearing. Missing: Proof of Service (rec' 05/15/23), (Printed version due on 2023-05-19) |
Attorney General of British Columbia |
| 2023-05-05 | Correspondence received from, (Letter Form), Thomas Slade, RE: Confirmation that the respondents intend to participate in the Publication Ban Appeal hearing., (Printed version due on 2023-05-12) | B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2023-05-04 | Correspondence received from, (Letter Form), Michael Bodner, RE: Confirmation that the respondent intends to participate in the Publication Ban Appeal hearing., (Printed version due on 2023-05-11) | His Majesty the King |
| 2023-04-25 | Correspondence received from, AGO takes no position on the appellant's motion for direction. | Attorney General for Ontario |
| 2023-04-20 | Correspondence received from, (Letter Form), Fredrick Schumann, RE: Confirmation that the interveners intend to participate in the Publication Ban Appeal hearing., (Printed version due on 2023-04-27) | Centre for Free Expression |
| 2023-04-18 | Order on motion to directions, by THE COURT | |
| 2023-04-18 | Decision on motion for directions, UPON APPLICATION by the appellant for directions with respect to the appeal in this matter; AND HAVING REGARD to the order of this Court, dated September 24, 2021, that the appeal of the judgment of the Court of Appeal of Manitoba, Number AR-14-30-08288, 2018 MBCA 125 (referred to as the “Publication Ban Appeal”), be adjourned sine die and that the filing of a motion for directions be permitted within 30 days of the decision of the Court of Appeal of Manitoba on the matter remanded to it in the companion appeal; AND HAVING TAKEN NOTE that on January 23, 2023, the Manitoba Court of Appeal released its decision on the matter remanded to it in R. v. Ostrowksi, 2023 MBCA 6; AND THE MATERIAL FILED having been read; IT IS HEREBY DIRECTED AND ORDERED THAT: 1. The Registrar will set down the Publication Ban Appeal for hearing in the session beginning in October 2023. 2. The issues will be limited to the implications of the Court’s decision in Sherman Estate v. Donovan, 2021 SCC 25, on the Publication Ban Appeal. 3. Any party who wishes to participate in the Publication Ban Appeal hearing shall provide written confirmation to the Registrar within four weeks of the date of this order. 4. The Publication Ban Appeal hearing will proceed on the basis of the record already filed with the Court. 5. A sealing order is imposed, and will remain in effect unless otherwise ordered by the Court, a judge of this Court or the Registrar, on the materials that are the subject of the publication ban in the present appeal, including the Affidavit of Richard Posner and related Book of Materials. Any factum that refers to this information must be filed in accordance with Rule 19.1 of the Rules of the Supreme Court of Canada, SOR/2002-156. 6. The appellant shall be entitled to serve and file a factum not exceeding twenty (20) pages in length and a book of authorities, if any, on or before June 13, 2023. 7. Any respondent who has notified the Registrar that it wishes to participate in the oral hearing shall be entitled to serve and file a factum not exceeding twenty (20) pages in length and a book of authorities, if any, on or before August 8, 2023. 8. Any intervener who has notified the Registrar that it wishes to participate in the oral hearing shall be entitled to serve and file a factum not exceeding five (5) pages in length and a book of authorities, if any, on or before September 5, 2023. 9. The appellant shall be entitled to serve and file a single factum in reply to all interventions not to exceed five (5) pages in length on or before September 12, 2023. 10. In view of the limited scope of the issues in the Publication Ban Appeal hearing, the appellant and the respondent, or respondents as the case may be, will limit their oral argument to fifteen (15) minutes at the hearing of the appeal. 11. The interveners who have filed a factum pursuant to paragraph 8 of this order and who wish to present oral argument may do so, limited to five (5) minutes per intervener at the hearing of the appeal. Oral hearing ordered |
|
| 2023-04-12 | Submission of motion for directions, The Court | |
| 2023-04-04 | Decision on motion for directions, Kas, Referred to the Court. Referred |
|
| 2023-03-29 | Submission of motion for directions, Kas | |
| 2023-03-07 | Certificate (on limitations to public access), (Letter Form), 23B - Reply to Responses to Motion for Direction, (Printed version due on 2023-03-14) | Canadian Broadcasting Corporation |
| 2023-03-07 | Reply to motion for directions, (Book Form), Completed on: 2023-03-10, (Printed version filed on 2023-03-08) | Canadian Broadcasting Corporation |
| 2023-03-03 | Response to motion for directions, (Letter Form), Completed on: 2023-03-07, (Printed version due on 2023-03-10) | Attorney General for Ontario |
| 2023-03-02 | Response to motion for directions, (Letter Form), Completed on: 2023-03-07, (Printed version due on 2023-03-09) | Stanley Frank Ostrowski |
| 2023-03-01 | Certificate (on limitations to public access), (Letter Form), 23B - Response to Motion for Direction, (Printed version filed on 2023-03-03) | B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2023-03-01 | Response to motion for directions, (Book Form), Completed on: 2023-03-07, (Printed version filed on 2023-03-03) | B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2023-03-01 | Certificate (on limitations to public access), (Letter Form), 23B - Response to Motion for Direction, (Printed version due on 2023-03-08) | His Majesty the King |
| 2023-03-01 | Response to motion for directions, (Letter Form), Completed on: 2023-03-02, (Printed version filed on 2023-03-22) | His Majesty the King |
| 2023-02-27 | Response to motion for directions, (Letter Form), Completed on: 2023-03-02, (Printed version filed on 2023-02-28) | Attorney General of British Columbia |
| 2023-02-21 | Certificate (on limitations to public access), 23B - Motion for Direction | Canadian Broadcasting Corporation |
| 2023-02-21 | Certificate (on limitations to public access), 23A - Motion for Direction | Canadian Broadcasting Corporation |
| 2023-02-20 | Motion for directions, (Book Form), Missing: Filing Fee (rec' 03/20/23), Completed on: 2023-03-29, (Electronic version filed on 2023-02-21) | Canadian Broadcasting Corporation |
| 2021-09-24 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2021-09-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2021-09-24 | Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Court of Appeal of Manitoba, Number AR-14-30-08288, 2019 MBCA 122, dated October 28, 2019, heard on March 17, 2021, is allowed. The judgment of the Court of Appeal is set aside and the matter is remanded to the Court of Appeal to decide the appellant’s motion in accordance with the Court’s reasons. Abella J. dissents. The appeal from the judgment of the Court of Appeal of Manitoba, Number AR-14-30-08288, 2018 MBCA 125, dated November 27, 2018, heard on March 17, 2021, is adjourned sine die. If no motion for directions is filed with the Court within 30 days after the date of the judgment of the Court of Appeal deciding the matter remanded to it in the companion appeal, the appeal will be dismissed as abandoned. Abella J. dissents. Allowed |
|
| 2021-04-13 | Transcript received, 115 pages | |
| 2021-03-18 | General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2021-03-25) | Stanley Frank Ostrowski |
| 2021-03-17 | General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2021-03-24) | His Majesty the King |
| 2021-03-17 | General proceeding, (Letter Form), Correspondence re: Case Sensitivity Questionnaire require: Case Sensitivity Questionnaire , (Printed version due on 2021-03-24) |
Canadian Broadcasting Corporation |
| 2021-03-17 | General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2021-03-24) | B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2021-03-17 | Judgment reserved OR rendered with reasons to follow | |
| 2021-03-17 | Hearing of the appeal, 2021-03-17, CJ Abe Mo Ka Côt Br Row Mar Kas Judgment reserved |
|
| 2021-03-16 | Certificate (on limitations to public access), (Letter Form), 23B-Condensed Book, (Printed version due on 2021-03-23) | Stanley Frank Ostrowski |
| 2021-03-16 | Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties | |
| 2021-03-15 | Respondent's condensed book, (Book Form), MISSING - Form 23B, (Printed version filed on 2021-03-15) | Stanley Frank Ostrowski |
| 2021-03-15 | Intervener's condensed book, (Book Form), (Printed version filed on 2021-03-15) | Ad IDEM / Canadian Media Lawyers Association |
| 2021-03-15 | Certificate (on limitations to public access), Form 23B - Condensed Book | Canadian Broadcasting Corporation |
| 2021-03-15 | Appellant's condensed book, (Book Form), (Printed version filed on 2021-03-15) | Canadian Broadcasting Corporation |
| 2021-03-15 | Certificate (on limitations to public access), (Letter Form), Form 23B - Condensed Book | B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2021-03-15 | Respondent's condensed book, (Book Form), (Printed version filed on 2021-03-15) | B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2021-03-15 | Certificate (on limitations to public access), (Letter Form), Form 23B - Condensed Book, (Printed version due on 2021-03-22) | His Majesty the King |
| 2021-03-15 | Respondent's condensed book, (Book Form), (Printed version filed on 2021-03-15) | His Majesty the King |
| 2021-03-15 | Correspondence received from, (Letter Form), CBC objects to any redistribution of time that serves to increase the time allotted to AG Manitoba at its expense, (Printed version due on 2021-03-22) | Canadian Broadcasting Corporation |
| 2021-03-15 | Correspondence received from, (Letter Form), Respondent is concerned to see Mr. Ostrowski listed as a respondent when his position on the publication ban aligns substantively with the CBC's position on that appeal, (Printed version due on 2021-03-22) | His Majesty the King |
| 2021-03-12 | Correspondence received from, (Letter Form), the respondent makes the following requests: -that the webcast not be posted on the SCC website after the hearing is complete, nor allowed to be broadcast, subject to further order of the Court following the hearing and -during the hearing, the Court periodically remind live webcast viewers that the publication ban remains in effect, and it is prohibited for anyone to broadcast or rebroadcast the live webcast pending further order of the Court Counsel for each the CBC and Mr. Ostrowski have indicated that they take no position in relation to this request., (Printed version due on 2021-03-19) |
His Majesty the King |
| 2021-03-01 | Notice of appearance, (Letter Form), Tess Layton to appear before the Court and present oral argument, (Printed version due on 2021-03-08) | Ad IDEM / Canadian Media Lawyers Association |
| 2021-03-01 | Notice of appearance, (Letter Form), Fredrick Schumann to appear before the Court and present oral argument, (Printed version due on 2021-03-08) | Centre for Free Expression |
| 2021-02-24 | Notice of appearance, (Letter Form), Harvey T. Strosberg, Q.C., James Lockyer to appear before the Court and present oral argument, (Printed version due on 2021-03-03) | Stanley Frank Ostrowski |
| 2021-02-24 | Certificate (on limitations to public access), (Letter Form), 23B - Reply Factum, (Printed version filed on 2021-02-25) | Canadian Broadcasting Corporation |
| 2021-02-24 | Reply factum on appeal, (Book Form), Completed on: 2021-03-02, (Printed version filed on 2021-02-25) | Canadian Broadcasting Corporation |
| 2021-02-18 | Notice of appearance, (Letter Form), Michael Bodner, Denis Guénette to appear before the Court ; Michael Bodner to present oral argument, (Printed version due on 2021-02-25) | His Majesty the King |
| 2021-02-17 | Notice of appearance, (Letter Form), Michael Bernstein to appear before the Court and present oral argument, (Printed version due on 2021-02-24) | Attorney General for Ontario |
| 2021-02-17 | Notice of appearance, (Letter Form), Robert Gosman to appear before the Court and present oral argument, (Printed version due on 2021-02-24) | B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2021-02-17 | Notice of appearance, (Letter Form), Jonathan B. Kroft, Sean A. Moreman to appear before the Court and present oral argument, (Printed version due on 2021-02-24) | Canadian Broadcasting Corporation |
| 2021-02-17 | Intervener's book of authorities, (Book Form), require: proof of service for amended materials received: amended book of authorities (rec'd 2021-02-18), Incomplete, (Printed version filed on 2021-02-18) |
Ad IDEM / Canadian Media Lawyers Association |
| 2021-02-17 | Intervener's factum, (Book Form), Completed on: 2021-03-02, (Printed version filed on 2021-02-17) | Ad IDEM / Canadian Media Lawyers Association |
| 2021-02-17 | Intervener's factum, (Book Form), Completed on: 2021-03-02, (Printed version due on 2021-02-24) | Centre for Free Expression |
| 2021-02-10 | Notice of appearance, (Letter Form), Lesley A. Ruzicka to appear before the Court and present oral argument, (Printed version due on 2021-02-17) | Attorney General of British Columbia |
| 2021-02-04 | Order by, Justice Kasirer, Kas, FURTHER TO AN ORDER DATED DECEMBER 11, 2020, IT IS HEREBY ORDERED THAT: The interveners, the Attorney General of Ontario and the Attorney General of British Colubia, are each permitted to present oral argument at the hearing of the appeal not exceeding five (5) minutes. Allowed |
|
| 2021-01-25 | Correspondence received from, (Letter Form), Consents to the late filing of the facta of the Interveners, AGBC and AGO | B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2021-01-25 | Correspondence received from, (Letter Form), Consents to the late filing of the facta of the Interveners, AGBC and AGO | Canadian Broadcasting Corporation |
| 2021-01-22 | Correspondence received from, (Letter Form), Consents to the late filing of the facta of the Interveners, AGBC and AGO | His Majesty the King |
| 2021-01-22 | Correspondence received from, (Letter Form), Consents to the late filing of the facta of the Interveners, AGBC and AGO | Stanley Frank Ostrowski |
| 2021-01-21 | Correspondence received from, (Letter Form), Letter regarding late filing of the facta of the Interveners AGBC and AGO | Attorney General for Ontario |
| 2021-01-20 | Correspondence received from, (Letter Form), Error on page 53 of Appellant's factum., (Printed version due on 2021-01-27) | Canadian Broadcasting Corporation |
| 2021-01-18 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-02-01, (Printed version filed on 2021-01-18) | Attorney General for Ontario |
| 2021-01-18 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-02-01, (Printed version filed on 2021-01-18) | Attorney General of British Columbia |
| 2021-01-14 | Supplemental document, (Letter Form), Affidavit of Richard Posner, Completed on: 2021-02-26 | Stanley Frank Ostrowski |
| 2021-01-14 | Supplemental document, (Book Form), Book of Materials Re: M.D. for the Affidavit of Richard Posner, Completed on: 2021-02-26 | Stanley Frank Ostrowski |
| 2021-01-13 | Correspondence received from, (Letter Form), Cover letter to accompany Mr. Posner's affidavit and related book of materials., (Printed version filed on 2021-01-14) | Stanley Frank Ostrowski |
| 2021-01-11 | Certificate (on limitations to public access), (Letter Form), 23B - Factum/Record, (Printed version due on 2021-01-18) | His Majesty the King |
| 2021-01-11 | Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2021-01-18) | His Majesty the King |
| 2021-01-11 | Respondent's record, (Book Form), Missing: Proof of Service for the interveners (Canadian Association of Journalist, et al., Centre for Free Expression and Ad Idem / Canadian Medial Lawyers Association)-rec'd 2021-01-20 , Completed on: 2021-01-20, (Printed version filed on 2021-01-11) |
His Majesty the King |
| 2021-01-11 | Respondent's factum, (Book Form), Redacted factum rec'd 2021-01-20 Missing: Proof of Service for the interveners (Canadian Association of Journalist, et al., Centre for Free Expression and Ad Idem / Canadian Medial Lawyers Association)-rec'd 2021-01-20 , Completed on: 2021-01-20, (Printed version filed on 2021-01-11) |
His Majesty the King |
| 2021-01-11 | Certificate (on limitations to public access), (Letter Form), 23B - Factum/Record, (Printed version due on 2021-01-18) | Stanley Frank Ostrowski |
| 2021-01-11 | Certificate (on limitations to public access), (Letter Form), 23A - Factum/Record, (Printed version due on 2021-01-18) | Stanley Frank Ostrowski |
| 2021-01-11 | Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2021-01-18) | Stanley Frank Ostrowski |
| 2021-01-11 | Respondent's record, (Book Form), (2 volumes), Completed on: 2021-01-19 | Stanley Frank Ostrowski |
| 2021-01-11 | Respondent's factum, (Book Form), Redacted copy filed 01/19/21 , Completed on: 2021-01-20, (Printed version filed on 2021-01-11) |
Stanley Frank Ostrowski |
| 2021-01-11 | Certificate (on limitations to public access), (Letter Form), 23B - Factum/Record, (Printed version due on 2021-01-18) | B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2021-01-11 | Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2021-01-18) | B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2021-01-11 | Respondent's record, (Book Form), Missing: Proof of Service for the interveners (Canadian Association of Journalist, et al., Centre for Free Expression and Ad Idem / Canadian Medial Lawyers Association)-rec'd 2021/01/19, Completed on: 2021-01-19, (Printed version filed on 2021-01-11) | B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2021-01-11 | Respondent's factum, (Book Form), Redacted copy filed 1/11/21 Missing: Proof of Service for the interveners (Canadian Association of Journalist, et al., Centre for Free Expression and Ad Idem / Canadian Medial Lawyers Association)-rec'd 2021/01/19, Completed on: 2021-01-19, (Printed version filed on 2021-01-11) |
B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2020-12-16 | Order on motion for leave to intervene, By Justice Kasirer (sent by email) | |
| 2020-12-16 | Decision on the motion for leave to intervene, Kas, UPON APPLICATION by the Centre for Free Expression, the Canadian Association of Journalists, News Media Canada and Communications Workers of America/Canada (jointly) and Ad IDEM/Canadian Media Lawyers Association for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted and the said two (2) interveners or groups of interveners shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before February 17, 2021. All interveners or groups of interveners are granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. 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. The appellant and the respondents, B.B. and J.D., are each permitted to file a factum in response to all interventions not to exceed five (5) pages in length on or before February 24, 2021. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and the respondent any additional disbursements resulting from their intervention. Granted, no order as to costs |
|
| 2020-12-16 | Submission of motion for leave to intervene, (2 motions), Kas | |
| 2020-12-10 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-12-10 | Canadian Broadcasting Corporation |
| 2020-12-10 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-12-10 | His Majesty the King |
| 2020-12-09 | Response to the motion for leave to intervene, (Letter Form), (CFE), Completed on: 2020-12-09 | B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2020-12-09 | Response to the motion for leave to intervene, (Letter Form), (Ad Idem), Completed on: 2020-12-09 | B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2020-12-01 | Notice of name | Ad IDEM / Canadian Media Lawyers Association |
| 2020-12-01 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (will not be collected for the moment due to Covid restrictions), Incomplete | Ad IDEM / Canadian Media Lawyers Association |
| 2020-12-01 | Notice of name | Centre for Free Expression |
| 2020-12-01 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (will not be collected at the moment due to Covid restrictions), Incomplete | Centre for Free Expression |
| 2020-11-25 | Notice of hearing sent to parties | |
| 2020-11-10 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), the parties. Tentatively scheduled for March 17, 2021. | |
| 2020-11-10 | Appeal hearing scheduled, 2021-03-17 Judgment reserved |
|
| 2020-11-03 | Appellant's record, (Book Form), Completed on: 2020-11-03 | Canadian Broadcasting Corporation |
| 2020-11-03 | Appellant's factum, (Book Form), Amended factum rec'd 2021/01/28, Completed on: 2020-11-03 | Canadian Broadcasting Corporation |
| 2020-11-03 | Certificate of counsel (attesting to record), (Letter Form) | Canadian Broadcasting Corporation |
| 2020-11-03 | Certificate (on limitations to public access), (Letter Form), 23B | Canadian Broadcasting Corporation |
| 2020-07-23 | Notice of intervention respecting a constitutional question, Completed on: 2020-07-23 | Attorney General for Ontario |
| 2020-07-21 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2020-07-21, (Printed version due on 2020-07-28) | Attorney General of British Columbia |
| 2020-06-29 | Certificate (on limitations to public access), (Letter Form), 23B-Notice of Appeal | Canadian Broadcasting Corporation |
| 2020-06-26 | Notice of constitutional question(s), (Book Form), Completed on: 2020-06-26 | Canadian Broadcasting Corporation |
| 2020-06-26 | Notice of appeal, (Book Form), required: 23B (rec'd 2020/06/29), Completed on: 2020-06-29 | Canadian Broadcasting Corporation |
| 2020-05-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-05-29 | Judgment on leave sent to the parties | |
| 2020-05-28 | Judgment of the Court on the application for leave to appeal, The motions for an extension of time to serve and file the applications for leave to appeal and the applicant’s reply are granted. The applications for leave to appeal from the judgments of the Court of Appeal of Manitoba, Number AR14-30-08288, 2018 MBCA 125, dated November 27, 2018, and Number AR14-30-08288, 2019 MBCA 122, dated October 28, 2019, are granted. Granted |
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| 2020-05-28 | Decision on motion to extend time, See decision on application Granted |
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| 2020-05-28 | Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
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| 2020-05-07 | Certificate (on limitations to public access), (Letter Form), 23B-New replies | Canadian Broadcasting Corporation |
| 2020-05-07 | Reply to the motion to extend time to file and/ or serve the leave application, (Book Form), Reply to amended response, Completed on: 2020-05-07 | Canadian Broadcasting Corporation |
| 2020-05-07 | Applicant's reply to respondent's argument, (Book Form), Reply to amended response, Completed on: 2020-05-07 | Canadian Broadcasting Corporation |
| 2020-05-04 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-05-04 | Submission of motion to extend time, for consideration by the Court | |
| 2020-05-04 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2020-03-26 | Order on motion to add or substitute parties, by Justice Karakatsanis (sent to all parties by email) | |
| 2020-03-26 | Decision on motion to add or substitute parties, UPON APPLICATION by B.B., spouse of the late M.D. and J.D., in his capacity as executor of the estate of the late M.D., to be added as respondents to the applications for leave to appeal pursuant to sub-rule 18(1) of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; AND NOTING THAT the respondent, Her Majesty the Queen, consents to the motion; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
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| 2020-03-26 | Submission of motion to add or substitute parties, to Justice Karakatsanis | |
| 2020-03-13 | Certificate (on limitations to public access), (Letter Form), 23A-Reply | Canadian Broadcasting Corporation |
| 2020-03-13 | Certificate (on limitations to public access), (Letter Form), 23B - Reply | Canadian Broadcasting Corporation |
| 2020-03-13 | Motion to extend time, (Book Form), Completed on: 2020-03-13 | Canadian Broadcasting Corporation |
| 2020-03-13 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2020-03-13 | Canadian Broadcasting Corporation |
| 2020-03-12 | Reply to motion to add or substitute parties, (Letter Form), Completed on: 2020-03-12 | B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2020-03-09 | Correspondence received from, (Letter Form), RE: Late filing of reply. | Canadian Broadcasting Corporation |
| 2020-03-06 | Response to motion to add or substitute parties, (Book Form), Completed on: 2020-04-01 | Canadian Broadcasting Corporation |
| 2020-02-28 | Response to motion to add or substitute parties, (Letter Form), Completed on: 2020-02-28 | His Majesty the King |
| 2020-02-26 | Respondent's response on the application for leave to appeal, (Letter Form), Will not be responding to the applications for leave to appeal, Completed on: 2020-02-26 | Stanley Frank Ostrowski |
| 2020-02-26 | Certificate (on limitations to public access), (Letter Form), 23B | His Majesty the King |
| 2020-02-26 | Certificate (on limitations to public access), (Letter Form), 23A | His Majesty the King |
| 2020-02-26 | Response to the motion to extend the time to file and / or serve the leave application, (Included in the respondent's response on the application for leave to appeal), SEALED, Completed on: 2020-02-26 | His Majesty the King |
| 2020-02-26 | Respondent's response on the application for leave to appeal, (Book Form), SEALED; 2 redacted copies filed 2020/02/26, Completed on: 2020-02-26 | His Majesty the King |
| 2020-02-25 | Response to the motion to extend the time to file and / or serve the leave application, AMENDED RESPONSE FILED APRIL 27, 2020, Completed on: 2020-02-25 | B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2020-02-25 | Respondent's response on the application for leave to appeal, (Book Form), AMENDED RESPONSE FILED APRIL 27, 2020, Completed on: 2020-02-25 | B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2020-02-25 | Certificate (on limitations to public access), (Letter Form), 23B | B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2020-02-25 | Certificate (on limitations to public access), (Letter Form), 23A | B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2020-02-25 | Motion to add or substitute parties, (Book Form), Completed on: 2020-04-01 | B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D. |
| 2020-02-07 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, SECOND APPLICATION | |
| 2020-02-07 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FIRST APPLICATION | |
| 2020-01-27 | Certificate (on limitations to public access), (Letter Form), SECOND APPLICATION 23B |
Canadian Broadcasting Corporation |
| 2020-01-27 | Certificate (on limitations to public access), (Letter Form), SECOND APPLICATION 23A |
Canadian Broadcasting Corporation |
| 2020-01-27 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2020-01-27 | Canadian Broadcasting Corporation |
| 2020-01-27 | Application for leave to appeal, (Book Form), SECOND APPLICATION required: lower court order (Manitoba Court of Appeal)-rec'd 2020/02/24, Completed on: 2020-02-24 |
Canadian Broadcasting Corporation |
| 2020-01-27 | Certificate (on limitations to public access), (Letter Form), FIRST APPLICATION | Canadian Broadcasting Corporation |
| 2020-01-27 | Application for leave to appeal, (Book Form), FIRST APPLICATION Missing: MBCA Order-rec'd 2020/02/24, Completed on: 2020-02-24 |
Canadian Broadcasting Corporation |
| 2019-12-27 | Letter acknowledging receipt of motion to extend the time to file and or serve the application for leave to appeal, FILE OPENED 12/27/19 | |
| 2019-12-24 | Certificate (on limitations to public access), (Letter Form), 23B | Canadian Broadcasting Corporation |
| 2019-12-24 | Certificate (on limitations to public access), (Letter Form), 23A | Canadian Broadcasting Corporation |
| 2019-12-24 | Notice of name, (Letter Form) | Canadian Broadcasting Corporation |
| 2019-12-24 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2019-12-24 | Canadian Broadcasting Corporation |
| 2019-12-24 | Notice of application for leave to appeal, (Letter Form), FIRST APPLICATION Missing: Filing Fee, Completed on: 2020-01-03 |
Canadian Broadcasting Corporation |
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