Docket

39594

Annapolis Group Inc. v. Halifax Regional Municipality

(Nova Scotia) (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)
2022-07-13 Notice of change of counsel, (Letter Form), Take notice that counsel for the Intervener, Canadian Home Builders' Association, has undergone a firm name and address change. The firm formerly known as Rayman Beichtman LLP is now Rayman Harris LLP and is located at 250 The Esplanade, Suite 202, Toronto, ON M5A 1J2. All other contact information remains the same, as does counsel of record. , (Printed version due on 2022-07-20) Canadian Home Builders' Association
2022-03-11 Transcript received, 113 Pages

required: paper copies (rec'd 2022-03-25 / reçu 2022-03-25)
2022-02-16 Judgment reserved OR rendered with reasons to follow
2022-02-16 Hearing of the appeal, 2022-02-16, CJ Mo Ka Côt Br Row Mar Kas Ja
Judgment reserved
2022-02-14 Intervener's condensed book, (Book Form), (Printed version filed on 2022-02-14) Attorney General of Canada
2022-02-14 Appellant's condensed book, (Book Form), (Printed version filed on 2022-02-14) Annapolis Group Inc.
2022-02-11 Respondent's condensed book, (Book Form), (Printed version filed on 2022-02-11) Halifax Regional Municipality
2022-02-03 Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties
2022-02-02 Correspondence (sent by the Court) to, Zoom hearing information and registration links
2022-01-27 Notice of appearance, (Letter Form), Counsel for CHBA, appearing by way of written submissions only, will be Shane Rayman and Conner Harris., (Printed version due on 2022-02-03) Canadian Home Builders' Association
2022-01-21 Notice of appearance, (Letter Form), Brandon Kain and Adriana Forest are counsel for the intervener in this matter. The OTLA will present its arguments by way of written submissions. , (Printed version due on 2022-01-28) Ontario Landowners Association
2022-01-19 Notice of appearance, Randy Christensen and Sarah McDonald will appear before the Court and Mr. Christensen will present oral arguments.

Ecojustice Canada Society
2022-01-18 Notice of appearance, (Letter Form), Edward Gores Q.C., will not appear at the hearing. AGNS will rely upon its written submissions only.

rec'd: amended notice (rec'd 2022-02-15), (Printed version due on 2022-01-25)
Attorney General of Nova Scotia
2022-01-18 Notice of appearance, Dayna Anderson will appear before the Court, and will present oral arguments.
Attorney General of Canada
2022-01-18 Notice of appearance, Robert B. Lawson and Vanessa Glasser will appear before the Court. Mr. Lawson will present oral arguments.
Attorney General of Ontario
2022-01-14 Notice of appearance, Michelle Awad,Q.C., Martin Ward, Q.C. and Jeremy Ryant will appear before the Court. Ms. Award, Q.C. will present oral arguments.
Halifax Regional Municipality
2022-01-14 Correspondence (sent by the Court) to, Correspondence regarding upcoming Zoom hearing
2022-01-13 Notice of appearance, Mr. Malcolm Lavoie and Ms. Adrienne Funk will appear before the Court. Mr. Lavoie will present oral arguments.
Canadian Constitution Foundation
2022-01-06 Notice of appearance, Peter H. Griffin, Rebecca Jones, Scott Rollwagen and Amy Sherrard will appear before the Court. Mr. Griffin and Ms. Jones will present the oral arguments. Annapolis Group Inc.
2022-01-04 Notice of change of counsel Attorney General of Canada
2021-12-30 Notice of appearance, Phong Phan and Tim Quirk will appear before the Court and Mr. Phan will present oral arguments.

Attorney General of British Columbia
2021-12-22 Reply factum on appeal, (Book Form), Reply factum to all interventions, Completed on: 2021-12-23, (Printed version filed on 2021-12-22) Halifax Regional Municipality
2021-12-22 Appellant's book of authorities, (Book Form), In support of reply factum to all interventions, Completed on: 2021-12-23, (Printed version filed on 2021-12-22) Annapolis Group Inc.
2021-12-22 Reply factum on appeal, (Book Form), Reply factum to all interventions, Completed on: 2021-12-23, (Printed version filed on 2021-12-22) Annapolis Group Inc.
2021-12-02 Order on motion to extend time, by Justice Karakatsanis (sent by email)
2021-12-02 Decision on motion to extend time, Ka, UPON APPLICATION by the NAIOP Commercial Real Estate Development Association (Calgary, Edmondton and Vancouver Chapters), the Real Property Association of Canada and Building Owners and Managers Association of Canada Inc. for an order extending the time to serve and file a motion for leave to intervene and for leave to intervene in the above appeal;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion for an extension of time is dismissed.

Dismissed
2021-12-02 Submission of motion to extend time, Ka
2021-11-30 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2021-12-02, (Printed version filed on 2021-12-01) NAIOP Commercial Real Estate Development Association (Calgary, Edmonton and Vancouver Chapters)
2021-11-26 Intervener's book of authorities, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-26) Attorney General of Nova Scotia
2021-11-26 Intervener's factum, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-26) Attorney General of Nova Scotia
2021-11-26 Intervener's book of authorities, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-26) Attorney General of Ontario
2021-11-26 Intervener's factum, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-26) Attorney General of Ontario
2021-11-26 Intervener's factum, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-26) Canadian Home Builders' Association
2021-11-26 Intervener's book of authorities, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-26) Attorney General of Canada
2021-11-26 Intervener's factum, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-26) Attorney General of Canada
2021-11-25 Intervener's book of authorities, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-29) Ontario Landowners Association
2021-11-25 Intervener's factum, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-29) Ontario Landowners Association
2021-11-25 Intervener's factum, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-25) Attorney General of British Columbia
2021-11-25 Intervener's book of authorities, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-26) Ecojustice Canada Society
2021-11-25 Intervener's factum, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-26) Ecojustice Canada Society
2021-11-25 Response to motion to extend time, (Letter Form), (Included in the response to the motion for leave to intervene), Completed on: 2021-11-25 Halifax Regional Municipality
2021-11-25 Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-11-25, (Printed version filed on 2021-11-26) Halifax Regional Municipality
2021-11-24 Intervener's book of authorities, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-25) Canadian Constitution Foundation
2021-11-24 Intervener's factum, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-25) Canadian Constitution Foundation
2021-11-24 Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-11-25, (Printed version filed on 2021-11-24) Annapolis Group Inc.
2021-11-15 Notice of name, (Letter Form), (Printed version filed on 2021-11-16) NAIOP Commercial Real Estate Development Association (Calgary, Edmonton and Vancouver Chapters)
2021-11-15 Motion to extend time, (Book Form), (Included in the motion for leave to intervene), Completed on: 2021-11-15, (Printed version filed on 2021-11-16) NAIOP Commercial Real Estate Development Association (Calgary, Edmonton and Vancouver Chapters)
2021-11-15 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete, (Printed version filed on 2021-11-16)
NAIOP Commercial Real Estate Development Association (Calgary, Edmonton and Vancouver Chapters)
2021-11-08 Notice of hearing sent to parties, (sent electronically on 2021-11-09)
2021-11-08 Appeal hearing scheduled, 2022-02-16
Judgment reserved
2021-10-29 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2021-10-18 Certificate of counsel (attesting to record), (Letter Form), 24B, (Printed version filed on 2021-10-18) Halifax Regional Municipality
2021-10-18 Respondent's record, (Book Form), Completed on: 2021-11-09, (Printed version filed on 2021-10-18) Halifax Regional Municipality
2021-10-18 Respondent's factum, (Book Form), Completed on: 2021-11-09, (Printed version filed on 2021-10-18) Halifax Regional Municipality
2021-10-15 Order on motion for leave to intervene, by KARAKATSANIS J.
2021-10-15 Decision on the motion for leave to intervene, Ka, UPON APPLICATION by the Attorney General of Canada, the Attorney General of Nova Scotia, the Attorney General of Ontario, the Attorney General of British Columbia, Ecojustice Canada Society, Canadian Constitution Foundation, Canadian Homebuilders Association and Ontario Landowners Association for leave to intervene in the above appeal;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motions are granted and the said eight (8) interveners shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before November 26, 2021.

The Attorney General of Canada, the Attorney General of Nova Scotia, the Attorney General of Ontario, the Attorney General of British Columbia, Ecojustice Canada Society and Canadian Constitution Foundation 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.

The appellant and the respondent are each permitted to file a factum in response to all interventions not to exceed ten (10) pages in length on or before December 22, 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
2021-10-15 Submission of motion for leave to intervene, Ka
2021-10-07 Correspondence received from, Ms. Rebecca Jones, Re: appeal scheduling Annapolis Group Inc.
2021-10-05 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2021-10-07 Canadian Home Builders' Association
2021-10-04 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2021-10-05, (Printed version filed on 2021-10-05) Ontario Landowners Association
2021-10-01 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2021-10-04, (Printed version filed on 2021-10-04) Canadian Constitution Foundation
2021-09-29 Response to the motion for leave to intervene, Completed on: 2021-10-04 Halifax Regional Municipality
2021-09-29 Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-10-04, (Printed version filed on 2021-09-29) Annapolis Group Inc.
2021-09-20 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee - Rec'd 2022-07-29, Completed on: 2022-08-02, (Printed version filed on 2021-09-20)
Attorney General of Nova Scotia
2021-09-20 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee (rec'd October 15, 2021), Completed on: 2022-08-03, (Printed version filed on 2021-09-20)
Attorney General of Canada
2021-09-20 Notice of name, (Letter Form), (Printed version filed on 2021-09-21) Ecojustice Canada Society
2021-09-20 Other book of authorities, (Book Form), Completed on: 2021-09-20, (Printed version filed on 2021-09-21) Ecojustice Canada Society
2021-09-20 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete, (Printed version filed on 2021-09-21)
Ecojustice Canada Society
2021-09-20 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete, (Printed version filed on 2021-09-20)
Attorney General of Ontario
2021-09-20 Notice of name Canadian Home Builders' Association
2021-09-20 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete, (Printed version filed on 2021-09-20)
Canadian Home Builders' Association
2021-09-20 Notice of name Ontario Landowners Association
2021-09-20 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete, (Printed version filed on 2021-09-21)
Ontario Landowners Association
2021-09-20 Notice of name Canadian Constitution Foundation
2021-09-20 Motion for leave to intervene, (Book Form), Missing:
Filing Fee (rec'd 2021-11-23), Completed on: 2021-11-24, (Printed version filed on 2021-09-20)
Canadian Constitution Foundation
2021-09-17 Notice of name Attorney General of British Columbia
2021-09-17 Motion for leave to intervene, (Book Form), Missing:
Filing Fee, Incomplete, (Printed version filed on 2021-09-17)
Attorney General of British Columbia
2021-08-23 Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2021-08-23) Annapolis Group Inc.
2021-08-23 Appellant's book of authorities, (Book Form), Completed on: 2021-09-02, (Printed version filed on 2021-08-23) Annapolis Group Inc.
2021-08-23 Appellant's record, (Book Form), (7 volumes), Completed on: 2021-09-02, (Printed version filed on 2021-08-23) Annapolis Group Inc.
2021-08-23 Appellant's factum, (Book Form), Completed on: 2021-09-02, (Printed version filed on 2021-08-23) Annapolis Group Inc.
2021-08-13 Notice of appeal, (Book Form), Completed on: 2021-09-02, (Printed version filed on 2021-08-13) Annapolis Group Inc.
2021-06-24 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2021-06-24 Judgment on leave sent to the parties
2021-06-24 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 495116, 2021 NSCA 3, dated January 7, 2021 is granted with costs in the cause.
Granted, with costs in the cause
2021-05-25 All materials on application for leave submitted to the Judges, for consideration by the Court
2021-05-17 Applicant's reply to respondent's argument, (Book Form), Completed on: 2021-05-21, (Printed version filed on 2021-05-17) Annapolis Group Inc.
2021-05-06 Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-05-13) Halifax Regional Municipality
2021-05-06 Notice of name, (Letter Form), (Printed version due on 2021-05-13) Halifax Regional Municipality
2021-05-06 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-05-07, (Printed version filed on 2021-05-07) Halifax Regional Municipality
2021-04-06 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 04/06/21
2021-03-08 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-03-08) Annapolis Group Inc.
2021-03-08 Notice of name, (Letter Form), (Printed version filed on 2021-03-08) Annapolis Group Inc.
2021-03-08 Application for leave to appeal, (Book Form), Missing: Filing Fee - rec' 2021-05-19, Completed on: 2021-05-19, (Printed version filed on 2021-03-08) Annapolis Group Inc.