Docket

39049

Karen Armstrong v. Colin Ward

(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)
2021-03-05 Appeal closed
2021-02-09 Transcript received, 84 pages
2021-01-19 Formal judgment sent to the registrar of the court of appeal and all parties
2021-01-19 Judgment on appeal and notice of deposit of judgment sent to all parties
2021-01-18 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row, The appeal from the judgment of the Court of Appeal for Ontario, Number C65404, 2019 ONCA 963, dated December 6, 2019, was heard on January 18, 2021, and the Court on that day delivered the following judgment orally:

THE CHIEF JUSTICE — The appeal is allowed for the reasons of Justice van Rensburg, with costs throughout.

The judgment of the Court of Appeal is set aside and the trial judgment is restored.
Allowed, with costs
2021-01-18 Hearing of the appeal, 2021-01-18, CJ Abe Mo Ka Côt Br Row
Judgment rendered
2021-01-14 Respondent's condensed book, (Book Form), (Printed version filed on 2021-01-14) Colin Ward
2021-01-14 Appellant's condensed book, (Book Form), (Electronic version filed on 2021-01-14) Karen Armstrong
2021-01-14 Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties
2021-01-14 Letter advising the parties of tentative hearing date and filing deadlines - Rule 95 - (Leave granted)
2021-01-13 Intervener's condensed book, (Book Form), (Printed version filed on 2021-01-13) Ontario Trial Lawyers' Association
2021-01-08 Appellant's book of authorities, (Book Form), Completed on: 2021-01-08 Karen Armstrong
2021-01-04 Notice of appearance, (Letter Form), Mark Veneziano and Jaan Lilles will appear before the court, and will present oral arguments. Colin Ward
2020-12-16 Notice of appearance, (Letter Form), Ryan Breedon will appear before the court, and will present oral arguments. Karen Armstrong
2020-12-16 Notice of appearance, (Letter Form), Anna Marrison will appear before the court, and will present oral arguments. Healthcare Insurance Reciprocal of Canada
2020-12-16 Notice of appearance, (Letter Form), Barbara Legate will appear before the Court, and will present oral arguments. Ontario Trial Lawyers' Association
2020-12-11 Intervener's book of authorities, (Book Form), Completed on: 2020-12-11, (Printed version due on 2020-12-18) Healthcare Insurance Reciprocal of Canada
2020-12-11 Intervener's factum, (Book Form), Completed on: 2020-12-11, (Printed version filed on 2020-12-11) Healthcare Insurance Reciprocal of Canada
2020-12-10 Intervener's book of authorities, (Book Form), Completed on: 2020-12-10, (Printed version filed on 2020-12-11) Ontario Trial Lawyers' Association
2020-12-10 Intervener's factum, (Book Form), Completed on: 2020-12-10, (Printed version filed on 2020-12-11) Ontario Trial Lawyers' Association
2020-11-24 Notice of hearing sent to parties
2020-11-09 Certificate of counsel (attesting to record), (Letter Form) Colin Ward
2020-11-09 Respondent's book of authorities, (Book Form), Completed on: 2020-11-09 Colin Ward
2020-11-09 Respondent's record, (Book Form), Completed on: 2020-11-09 Colin Ward
2020-11-09 Respondent's factum, (Book Form), Completed on: 2020-11-09 Colin Ward
2020-11-05 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), the parties. Tentatively scheduled for January 18, 2021.
2020-11-05 Appeal hearing scheduled, 2021-01-18
Judgment rendered
2020-10-29 Order on motion for leave to intervene, by Justice Brown (by email)
2020-10-29 Decision on the motion for leave to intervene, Br, UPON APPLICATION by the Ontario Trial Lawyers Association and the Healthcare Insurance Reciprocal of Canada 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 shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before December 11, 2020.

The said two (2) interveners are granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

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 appellant and the respondent any additional disbursements resulting from their interventions.

Granted
2020-10-29 Submission of motion for leave to intervene, (2 motions), Br
2020-10-23 Response to the motion for leave to intervene, Completed on: 2020-10-23 Colin Ward
2020-10-21 Response to the motion for leave to intervene, (OTLA), Completed on: 2020-10-21 Karen Armstrong
2020-10-13 Notice of name Ontario Trial Lawyers' Association
2020-10-13 Motion for leave to intervene, (Book Form), Filing fee to be paid, Incomplete, (Printed version filed on 2020-10-22) Ontario Trial Lawyers' Association
2020-09-24 Response to the motion for leave to intervene, Completed on: 2020-10-20 Karen Armstrong
2020-09-16 Notice of name Healthcare Insurance Reciprocal of Canada
2020-09-16 Motion for leave to intervene, (Book Form), Filing fee to be paid when possible, Incomplete Healthcare Insurance Reciprocal of Canada
2020-08-19 Certificate of counsel (attesting to record), (Letter Form) Karen Armstrong
2020-08-19 Appellant's book of authorities, (Book Form), Completed on: 2020-08-19, (Printed version filed on 2020-11-06) Karen Armstrong
2020-08-19 Appellant's record, (Book Form), (2 volumes), Completed on: 2020-08-19, (Printed version filed on 2020-11-06) Karen Armstrong
2020-08-19 Appellant's factum, (Book Form), Completed on: 2020-08-19, (Printed version filed on 2020-11-06) Karen Armstrong
2020-06-24 Notice of appeal, (Book Form), Completed on: 2020-06-24 Karen Armstrong
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 application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C65404, 2019 ONCA 963, dated December 6, 2019, is granted with costs in the cause.
Granted, with costs in the cause
2020-04-27 All materials on application for leave submitted to the Judges, for consideration by the Court
2020-03-19 Applicant's reply to respondent's argument, (Book Form), Completed on: 2020-03-19, (Printed version filed on 2020-03-19) Karen Armstrong
2020-03-09 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2020-03-09) Colin Ward
2020-03-09 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-03-09, (Printed version filed on 2020-03-09) Colin Ward
2020-02-07 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2020-02-07
2020-02-03 Certificate (on limitations to public access), (Letter Form), 23A Karen Armstrong
2020-02-03 Application for leave to appeal, (Book Form), required: CA Order (rec'd 2020/04/15), Completed on: 2020-04-15 Karen Armstrong