Docket

39108

City of Nelson v. Taryn Joy Marchi

(British Columbia) (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)
2023-01-19 Appeal closed
2022-12-01 Discontinuance of the bill of costs, (Letter Form), Missing: Proof of Service (rec' 01/19/23), (Printed version due on 2022-12-08) Taryn Joy Marchi
2022-03-17 Bill of costs, (Letter Form), Missing: Filing Fee, Incomplete, (Printed version due on 2022-03-24) Taryn Joy Marchi
2021-10-21 Formal judgment sent to the registrar of the court of appeal and all parties
2021-10-21 Judgment on appeal and notice of deposit of judgment sent to all parties
2021-10-21 Judgment on the appeal rendered, CJ Mo Ka Côt Row Mar Kas, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA45997, 2020 BCCA 1, dated January 2, 2020, heard on March 25, 2021, is dismissed with costs throughout. The standard of care and causation assessments require a new trial.
Dismissed, with costs
2021-04-13 Transcript received, 124 pages
2021-03-25 Judgment reserved OR rendered with reasons to follow
2021-03-25 Hearing of the appeal, 2021-03-25, CJ Mo Ka Côt Row Mar Kas
Judgment reserved
2021-03-23 Respondent's condensed book, (Book Form), (Printed version due on 2021-03-30) Taryn Joy Marchi
2021-03-23 Supplemental document, (Book Form), Completed on: 2021-03-23 City of Abbotsford
2021-03-23 Supplemental document, (Book Form), Completed on: 2021-03-23 City of Abbotsford
2021-03-23 Intervener's condensed book, (Book Form), (Printed version due on 2021-03-30) City of Abbotsford
2021-03-23 Intervener's condensed book, (Book Form), (Printed version due on 2021-03-30) Attorney General of Canada
2021-03-22 Intervener's condensed book, (Book Form), (Printed version due on 2021-03-29) City of Toronto
2021-03-22 Appellant's condensed book, (Book Form), (Printed version due on 2021-03-29) City of Nelson
2021-03-18 Notice of appearance, (Letter Form), Danielle K. Daroux and Michael Sobkin to appear before the Court and present oral argument., (Printed version due on 2021-03-25) Taryn Joy Marchi
2021-03-16 Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties
2021-03-10 Reply factum on appeal, (Book Form), Completed on: 2021-03-15, (Printed version filed on 2021-03-10) Taryn Joy Marchi
2021-03-09 Correspondence received from, (Letter Form), The Intervener, AGO, and the Intervener, City of Toronto, would both consent to an extension of time for filing the Respondent’s Reply Factum, if required Attorney General of Ontario
2021-03-09 Correspondence received from, (Letter Form), The respondent is prepared to consent to the late service of the City of Toronto and Attorney General of Ontario's factums and books of authorities on the condition that the deadline for filing the respondent's reply factum to the interveners be extended from March 10, 2021 to March 12, 2021. Taryn Joy Marchi
2021-03-09 Correspondence received from, (Letter Form), City of Toronto is seeking respondent's consent for late service upon the respondent City of Toronto
2021-03-09 Correspondence received from, (Letter Form), AGO seeking consent of the respondent for for late service upon the respondent Attorney General of Ontario
2021-03-02 Notice of appearance, (Letter Form), K. Jay Ralston to appear before the Court and present oral argument, (Printed version due on 2021-03-09) Ontario Trial Lawyers Association
2021-03-02 Notice of appearance, (Letter Form), Ryan D.W. Dalziel to appear before the Court and present oral argument, (Printed version due on 2021-03-09) Trial Lawyers Association of British Columbia
2021-03-01 Notice of appearance, (Letter Form), Aniz Alani to appear before the Court and present oral argument, (Printed version due on 2021-03-08) City of Abbotsford
2021-03-01 Notice of appearance, (Letter Form), Doreen Mueller to appear before the Court and present oral argument, (Printed version due on 2021-03-08) Attorney General of Alberta
2021-03-01 Notice of appearance, (Letter Form), Meghan Butler to appear before the Court and present oral argument, (Printed version due on 2021-03-08) Attorney General of British Columbia
2021-03-01 Intervener's book of authorities, (Book Form), Completed on: 2021-03-10, (Printed version due on 2021-03-08) Trial Lawyers Association of British Columbia
2021-03-01 Intervener's factum, (Book Form), Completed on: 2021-03-10, (Printed version filed on 2021-03-02) Trial Lawyers Association of British Columbia
2021-03-01 Intervener's book of authorities, (Book Form), Completed on: 2021-03-09, (Printed version filed on 2021-03-02) City of Abbotsford
2021-03-01 Intervener's factum, (Book Form), Completed on: 2021-03-09, (Printed version filed on 2021-03-01) City of Abbotsford
2021-03-01 Intervener's factum, (Book Form), Required: Proof of service to all parties (rec'd 2021-03-09), Completed on: 2021-03-10, (Printed version filed on 2021-03-03) Attorney General of British Columbia
2021-03-01 Intervener's factum, (Book Form), Completed on: 2021-03-09, (Printed version filed on 2021-03-01) Ontario Trial Lawyers Association
2021-03-01 Intervener's book of authorities, (Book Form), require: proof of service on all parties (rec'd 2021-03-05), Completed on: 2021-03-09, (Printed version filed on 2021-03-01) Attorney General of Ontario
2021-03-01 Intervener's factum, (Book Form), require: proof of service to all parties (rec'd 2021-03-05), Completed on: 2021-03-10, (Printed version filed on 2021-03-01) Attorney General of Ontario
2021-03-01 Intervener's book of authorities, (Book Form), Completed on: 2021-03-09, (Printed version filed on 2021-03-01) Attorney General of Alberta
2021-03-01 Intervener's factum, (Book Form), Completed on: 2021-03-09, (Printed version filed on 2021-03-01) Attorney General of Alberta
2021-03-01 Intervener's book of authorities, (Book Form), Completed on: 2021-03-08, (Printed version filed on 2021-03-01) Attorney General of Canada
2021-03-01 Intervener's factum, (Book Form), Completed on: 2021-03-08, (Printed version filed on 2021-03-01) Attorney General of Canada
2021-03-01 Intervener's book of authorities, (Book Form), require: proof of service to all parties (rec'd 2021-03-05), Completed on: 2021-03-09, (Printed version filed on 2021-03-01) City of Toronto
2021-03-01 Intervener's factum, (Book Form), required: proof of service to all parties (rec'd 2021-03-05)
REC'D Revised Factum (2021-03-18)
, Completed on: 2021-03-10, (Printed version filed on 2021-03-19)
City of Toronto
2021-02-23 Notice of appearance, (Letter Form), Michael J. Sims to appear before the Court and present oral argument, (Printed version due on 2021-03-02) City of Toronto
2021-02-23 Notice of appearance, (Letter Form), Sonal Gandhi to appear before the Court and present oral argument, (Printed version due on 2021-03-02) Attorney General of Ontario
2021-02-23 Notice of appearance, (Letter Form), Sean Gaudet to appear before the Court and present oral argument, (Printed version due on 2021-03-02) Attorney General of Canada
2021-02-22 Notice of appearance, (Letter Form), Greg Allen, Liam Babbitt to appear before the Court ; Greg Allen to present oral argument, (Printed version due on 2021-03-01) City of Nelson
2021-01-25 Respondent's book of authorities, (Book Form), Completed on: 2021-01-26, (Printed version due on 2021-02-01) Taryn Joy Marchi
2021-01-25 Respondent's factum, (Book Form), Completed on: 2021-01-26, (Printed version filed on 2021-01-25) Taryn Joy Marchi
2021-01-25 Order on motion for leave to intervene, by KARAKATSANIS J.
2021-01-25 Decision on the motion for leave to intervene, Ka,
UPON APPLICATIONS by the Attorney General of Canada, the Attorney General of Ontario, the Attorney General of British Columbia, the Attorney General of Alberta, the Trial Lawyers Association of British Columbia, the Ontario Trial Lawyers Association, the City of Abbotsford and the City of Toronto 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 eight (8) interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length, and book of authorities, if any, on or before March 1, 2021.

The said eight (8) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

The appellant and respondent are each granted permission to serve and file a single factum in reply to all interventions not to exceed ten (10) pages in length on or before March 10, 2021.

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 respondent any additional disbursements resulting from their interventions.

Granted
2021-01-25 Submission of motion for leave to intervene, Ka
2021-01-22 Correspondence received from, (Letter Form), Marie-France Major. Ontario Trial Lawyers Association takes no position to the late service and filing of the appellant's response to the motions for leave to intervene., (Printed version due on 2021-01-29) Ontario Trial Lawyers Association
2021-01-19 Correspondence received from, (Letter Form), counsel for the appellant.
Affidavit confirming the parties' positions (except for Ontario Trial Lawyers Association) to the late service and filing of the appellant's response to the motions for leave to intervene., (Printed version due on 2021-01-26)
City of Nelson
2021-01-07 Response to the motion for leave to intervene, (Letter Form),
MISSING:
1) proof of service (received 2021-01-19)
2) late service and filing, Completed on: 2021-01-21
City of Nelson
2021-01-05 Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-01-07 Taryn Joy Marchi
2020-12-14 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version filed on 2020-12-22)
Attorney General of Ontario
2020-12-14 Notice of name, (Letter Form), (Printed version filed on 2020-12-24) City of Toronto
2020-12-14 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version filed on 2020-12-24)
City of Toronto
2020-12-14 Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2020-12-21) City of Abbotsford
2020-12-14 Notice of name, (Letter Form), (Printed version due on 2020-12-21) City of Abbotsford
2020-12-14 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version due on 2020-12-21)
City of Abbotsford
2020-12-14 Notice of name, (Letter Form), (Printed version due on 2020-12-21) Ontario Trial Lawyers Association
2020-12-14 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version filed on 2020-12-14)
Ontario Trial Lawyers Association
2020-12-14 Notice of name, (Letter Form),
MISSING: proof of service on appellant, (Printed version due on 2020-12-21)
Trial Lawyers Association of British Columbia
2020-12-14 Motion for leave to intervene, (Book Form),
MISSING:
1) proof of service on appellant (received 2020-12-15)
2) filing fee, Incomplete, (Printed version due on 2020-12-21)
Trial Lawyers Association of British Columbia
2020-12-11 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version due on 2020-12-18)
Attorney General of Alberta
2020-12-11 Motion for leave to intervene, (Book Form),
MISSING:
1) proof of service (received 2020-12-14 and 2020-12-15)
2) filing fee (received 2020-12-15), Completed on: 2020-12-17, (Printed version due on 2020-12-18)
Attorney General of Canada
2020-12-11 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version due on 2020-12-18)
Attorney General of British Columbia
2020-11-25 Notice of hearing sent to parties
2020-11-16 Certificate of counsel (attesting to record), (Letter Form) City of Nelson
2020-11-16 Appellant's book of authorities, (Book Form), Completed on: 2020-11-16 City of Nelson
2020-11-16 Appellant's record, (Book Form), (4 volumes), Completed on: 2020-11-16 City of Nelson
2020-11-16 Appellant's factum, (Book Form), Completed on: 2020-11-16 City of Nelson
2020-11-10 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), the parties. Tentatively scheduled for March 25, 2021.
2020-11-10 Appeal hearing scheduled, 2021-03-25
Judgment reserved
2020-09-21 Notice of appeal, (Letter Form), Completed on: 2020-09-21, (Printed version filed on 2020-09-22) City of Nelson
2020-08-21 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2020-08-21 Judgment on leave sent to the parties
2020-08-20 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 CA45997, 2020 BCCA 1, dated January 2, 2020, is granted.
Granted
2020-07-27 All materials on application for leave submitted to the Judges, for consideration by the Court
2020-07-10 Certificate (on limitations to public access), (Letter Form) City of Nelson
2020-06-16 Certificate (on limitations to public access), (Letter Form) Taryn Joy Marchi
2020-06-16 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-06-16 Taryn Joy Marchi
2020-04-20 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 04/20/20
2020-03-03 Notice of name, (Letter Form) City of Nelson
2020-03-02 Book of authorities, (Book Form), Completed on: 2020-03-03 City of Nelson
2020-03-02 Application for leave to appeal, (Book Form), Missing: Form 23A-rec'd 2020/07/10
CA Order (rec' 04/27/20), Completed on: 2020-07-10
City of Nelson