Docket

39533

Ashley Suzanne Barendregt v. Geoff Bradley Grebliunas

(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)
2022-06-01 Appeal closed
2022-05-20 Written reasons rendered after oral judgment, CJ Mo Ka Côt Br Row Mar Kas Ja
Allowed, with costs
2021-12-29 Transcript received, 170 pages - Day 1
80 pages - Day 2
2021-12-02 Formal judgment sent to the registrar of the court of appeal and all parties
2021-12-02 Judgment on appeal and notice of deposit of judgment sent to all parties
2021-12-02 Judgment reserved OR rendered with reasons to follow
2021-12-02 Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA46634, 2021 BCCA 11, dated January 13, 2021, was heard on December 1 and 2, 2021, and the Court on December 2, 2021, delivered the following judgment orally:

THE CHIEF JUSTICE — A majority of this Court would allow the appeal, set aside the decision of the Court of Appeal, and restore paras. 1 to 6 of Justice Saunder’s order regarding the primary residence of the children, with costs in this Court and the courts below. Reasons to follow.

Justice Côté dissents.
Allowed, with costs
2021-12-02 Hearing of the appeal, 2021-12-01, CJ Mo Ka Côt Br Row Mar Kas Ja
Judgment rendered
2021-11-29 Appellant's condensed book, (Book Form), (Printed version filed on 2021-11-29) Ashley Suzanne Barendregt
2021-11-26 Respondent's condensed book, (Book Form), (Electronic version filed on 2021-11-29) Geoff Bradley Grebliunas
2021-11-26 Intervener's condensed book, (Book Form), (Printed version filed on 2021-11-29) Office of the Children's Lawyer
2021-11-25 Correspondence (sent by the Court) to, Correspondence regarding upcoming Zoom hearing
2021-11-17 Intervener's book of authorities, (Book Form), Completed on: 2021-11-18, (Printed version due on 2021-11-24) West Coast LEAF Association
2021-11-17 Intervener's factum, (Book Form), Completed on: 2021-11-18, (Printed version filed on 2021-11-17) West Coast LEAF Association
2021-11-16 Intervener's factum, (Book Form), Completed on: 2021-11-18, (Printed version filed on 2021-11-16) Office of the Children's Lawyer
2021-11-10 Notice of appearance, Darius Bossé, Mark Power and Ryan Beaton will appear before the Court. Darius Bossé and Mark Power will present oral argument.

Ashley Suzanne Barendregt
2021-11-10 Notice of appearance, Georgialee Lang will appear before the Court and will present oral argument. Geoff Bradley Grebliunas
2021-11-09 Notice of appearance, Claire E. Hunter, Q.C., Kate Feeney, Kimberley Hawkins and Diana C. Sepúlveda will appear before the Court. Claire E. Hunter, Q.C. will present oral argument.

West Coast LEAF Association
2021-11-04 Correspondence sent to all Counsel by Deputy Registrar, Letter of Direction from the Acting Registrar, relating to the December hearings
2021-11-01 Notice of appearance, Ian Ross, Caterina E. Tempesta and Samantha Wisnicki will appear before the Court. Ian Ross will present oral argument.
Office of the Children's Lawyer
2021-10-06 Order on motion for leave to intervene, by Justice Karakatsanis (sent to parties by email)
2021-10-06 Decision on the motion for leave to intervene, Ka, UPON APPLICATION by the Office of the Children’s Lawyer and the West Coast LEAF
Association and Rise Women’s Legal Centre 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 single factum not to exceed ten (10) pages in length on or before November 17, 2021.

The said interveners or groups of interveners are granted permission to present oral arguments not exceeding five (5) minutes each at the hearing of the appeal.

The interveners or goups of 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 or groups of interveners shall pay to the appellant and the respondent any additional disbursements resulting from their interventions.


Granted
2021-10-06 Submission of motion for leave to intervene, (2 motions), Ka
2021-10-04 Respondent's book of authorities, (Book Form), Completed on: 2021-10-27, (Printed version filed on 2021-10-04) Geoff Bradley Grebliunas
2021-10-04 Respondent's factum, (Book Form), Completed on: 2021-10-27, (Printed version filed on 2021-10-04) Geoff Bradley Grebliunas
2021-09-17 Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-09-20 Ashley Suzanne Barendregt
2021-09-08 Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-09-09 Geoff Bradley Grebliunas
2021-09-07 Motion for leave to intervene, (Book Form), Completed on: 2021-09-24 West Coast LEAF Association
2021-08-31 Motion for leave to intervene, (Book Form), Missing:
Filing Fee (rec' 09/08/21), Completed on: 2021-09-20, (Printed version filed on 2021-09-03)
Office of the Children's Lawyer
2021-08-09 Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2021-08-16) Ashley Suzanne Barendregt
2021-08-09 Appellant's record, (Book Form), Completed on: 2021-08-23, (Printed version filed on 2021-08-10) Ashley Suzanne Barendregt
2021-08-09 Appellant's book of authorities, (Book Form), Completed on: 2021-08-23, (Printed version filed on 2021-08-10) Ashley Suzanne Barendregt
2021-08-09 Appellant's factum, (Book Form), Completed on: 2021-08-23, (Printed version filed on 2021-08-10) Ashley Suzanne Barendregt
2021-07-13 Correspondence (sent by the Court) to, the parties. Letter from Acting Registrar advising the parties of the filing deadlines.
2021-06-28 Appeal hearing scheduled, 2021-12-02, Scheduled for December 1, 2021 and December 2, 2021.
(Day 2: For Webcasting Purposes Only)
2021-06-28 Notice of hearing sent to parties
2021-06-28 Appeal hearing scheduled, 2021-12-01, Scheduled for December 1, 2021 and December 2, 2021.
Judgment rendered
2021-06-14 Notice of appeal, (Book Form), Completed on: 2021-06-29, (Printed version due on 2021-06-21) Ashley Suzanne Barendregt
2021-05-13 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2021-05-13 Judgment on leave sent to the parties
2021-05-13 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 CA46634, 2021 BCCA 11, dated January 13, 2021, is granted with costs in the cause.
Granted, with costs in the cause
2021-04-12 All materials on application for leave submitted to the Judges, for consideration by the Court
2021-03-29 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-03-29, (Printed version filed on 2021-04-01) Geoff Bradley Grebliunas
2021-03-01 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-03-01
2021-03-01 Application for leave to appeal, (Book Form), require: filing fee (received 2021-03-02), Completed on: 2021-03-02, (Printed version due on 2021-03-08) Ashley Suzanne Barendregt
2021-02-12 Order issued on motion for a stay of execution, by KARAKATSANIS J.
2021-02-12 Decision on the motion for a stay of execution, Ka,
UPON APPLICATION by the applicant, pursuant to section 65.1 (1) of the Supreme Court Act and Rule 62 of the Rules of the Supreme Court of Canada, for a stay of execution of the judgment of the Court of Appeal for British Columbia, Number CA46634, 2021 BCCA 11, dated January 13, 2021, until the application for leave to appeal is dismissed or, if leave to appeal is granted, until the appeal is disposed of, and for an order to expedite the motion for a stay of execution;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion to expedite the motion for a stay of execution is granted.

The motion for a stay of execution is granted. The disposition by Saunders J. of the Supreme Court of British Columbia dated December 18, 2019, regarding parenting time for the father, shall remain in effect.

The consideration of the application for leave to appeal shall be expedited and the applicant shall serve and file the complete and compliant application for leave to appeal on or before March 1, 2021.

Granted
2021-02-12 Submission of motion for a stay of execution, Ka
2021-02-11 Reply to motion for a stay of execution, (Letter Form), Completed on: 2021-02-11, (Printed version due on 2021-02-18) Ashley Suzanne Barendregt
2021-02-04 Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-02-11) Geoff Bradley Grebliunas
2021-02-04 Response to the motion for a stay of execution, (Book Form), Completed on: 2021-02-04, (Printed version due on 2021-02-11) Geoff Bradley Grebliunas
2021-01-27 Letter acknowledging receipt of a notice of application for leave to appeal
2021-01-27 Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-02-03) Ashley Suzanne Barendregt
2021-01-26 Correspondence received from, (Letter Form), Letter explaining the motion to stay, (Printed version due on 2021-02-02) Ashley Suzanne Barendregt
2021-01-26 Motion for a stay of execution, (Book Form), (Included in the notice of application for leave to appeal), Completed on: 2021-01-27 Ashley Suzanne Barendregt
2021-01-26 Notice of application for leave to appeal, (Book Form), Completed on: 2021-01-27, (Printed version due on 2021-02-02) Ashley Suzanne Barendregt