Docket

39661

Transportation Safety Board of Canada v. Kathleen Carroll-Byrne, et al.

(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)
2022-12-14 Appeal closed
2022-11-25 Formal judgment sent to the registrar of the court of appeal and all parties
2022-11-25 Judgment on appeal and notice of deposit of judgment sent to all parties
2022-11-25 Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 495035, 2021 NSCA 34, dated April 16, 2021, heard on March 17, 2022, is dismissed without costs. Côté and Brown JJ. dissent.

Dismissed, without costs
2022-04-06 Transcript received, 122 pages

paper copies rec'd: 2022-04-21
2022-03-31 General proceeding, Case Sensitivity Questionnaire
Kathleen Carroll-Byrne
2022-03-18 General proceeding, Case Sensitivity Questionnaire
Airbus S.A.S.
2022-03-18 General proceeding, Case Sensitivity Questionnaire
Air Canada Pilots’ Association
2022-03-18 General proceeding, Case Sensitivity Questionnaire
Halifax International Airport Authority
2022-03-18 General proceeding, Case Sensitivity Questionnaire
Transportation Safety Board of Canada
2022-03-17 General proceeding, Case Sensitivity Questionnaire
Air Canada
2022-03-17 General proceeding, Case Sensitivity Questionnaire Nav Canada
2022-03-17 Judgment reserved OR rendered with reasons to follow
2022-03-17 Hearing of the appeal, 2022-03-17, CJ Mo Ka Côt Br Row Mar Kas Ja
Judgment reserved
2022-03-16 Certificate (on limitations to public access), 23B Air Canada Pilots’ Association
2022-03-15 Respondent's condensed book, (Book Form), (Printed version filed on 2022-03-15) Airbus S.A.S.
2022-03-15 Certificate (on limitations to public access), 23B Airbus S.A.S.
2022-03-15 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2022-03-15) Transportation Safety Board of Canada
2022-03-15 Appellant's condensed book, (Book Form), (Printed version filed on 2022-03-15) Transportation Safety Board of Canada
2022-03-15 Certificate (on limitations to public access), 23B Nav Canada
2022-03-15 Respondent's condensed book, (Book Form), (Printed version filed on 2022-03-15) Nav Canada
2022-03-14 Certificate (on limitations to public access), 23B Kathleen Carroll-Byrne
2022-03-14 Respondent's condensed book, (Book Form), (Printed version filed on 2022-03-14) Kathleen Carroll-Byrne
2022-03-14 Respondent's condensed book, (Book Form), (Printed version filed on 2022-03-14) Air Canada Pilots’ Association
2022-03-11 Certificate (on limitations to public access), 23B Halifax International Airport Authority
2022-03-11 Respondent's condensed book, (Book Form), (Printed version filed on 2022-03-11) Halifax International Airport Authority
2022-03-09 Correspondence (sent by the Court) to, Correspondence relating to upcoming hearing
2022-03-07 Correspondence received from, (Letter Form), correspondence with respect to the order of appearance and the time allotted to each Respondent at the upcoming appeal hearing on March 17, 2022, (Printed version due on 2022-03-14) Airbus S.A.S.
2022-03-02 Certificate (on limitations to public access), 23B - Factum, Record, Authorities Airbus S.A.S.
2022-02-28 Certificate (on limitations to public access), 23B - Factum - Authorities Kathleen Carroll-Byrne
2022-02-28 Correspondence received from, (Letter Form), Will not be filing factum, record or book of authorities, (Printed version due on 2022-03-07) Air Canada
2022-02-28 Certificate (on limitations to public access), 23B - Factum - Authorities Air Canada Pilots’ Association
2022-02-28 Certificate (on limitations to public access), 23A-Factum-Authorities Air Canada Pilots’ Association
2022-02-28 Respondent's book of authorities, (Book Form), Completed on: 2022-03-02, (Printed version filed on 2022-03-01) Air Canada Pilots’ Association
2022-02-28 Respondent's factum, (Book Form), Completed on: 2022-03-02, (Printed version filed on 2022-03-15) Air Canada Pilots’ Association
2022-02-28 Certificate (on limitations to public access), 23B - Factum Nav Canada
2022-02-28 Respondent's factum, (Book Form), Completed on: 2022-03-02, (Printed version filed on 2022-03-01) Nav Canada
2022-02-28 Certificate (on limitations to public access), 23B - Factum Halifax International Airport Authority
2022-02-28 Respondent's factum, (Book Form), Completed on: 2022-03-02, (Printed version filed on 2022-03-01) Halifax International Airport Authority
2022-02-28 Certificate (on limitations to public access), 23B - Factum - Authorities Attorney General of Canada representing His Majesty the King in right of Canada
2022-02-28 Certificate (on limitations to public access), 23A - Factum - Authorities Attorney General of Canada representing His Majesty the King in right of Canada
2022-02-28 Respondent's book of authorities, (Book Form), Completed on: 2022-03-02, (Printed version filed on 2022-02-28) Attorney General of Canada representing His Majesty the King in right of Canada
2022-02-28 Respondent's factum, (Book Form), Completed on: 2022-03-02, (Printed version filed on 2022-02-28) Attorney General of Canada representing His Majesty the King in right of Canada
2022-02-28 Certificate of counsel (attesting to record), (Letter Form), 24B Airbus S.A.S.
2022-02-28 Respondent's book of authorities, (Book Form), Completed on: 2022-03-02, (Printed version filed on 2022-03-01) Airbus S.A.S.
2022-02-28 Respondent's record, (Book Form), Completed on: 2022-03-02, (Printed version filed on 2022-03-01) Airbus S.A.S.
2022-02-28 Respondent's factum, (Book Form), Completed on: 2022-03-02, (Printed version filed on 2022-03-01) Airbus S.A.S.
2022-02-28 Respondent's book of authorities, (Book Form), Completed on: 2022-03-02, (Printed version filed on 2022-03-01) Kathleen Carroll-Byrne
2022-02-28 Respondent's factum, (Book Form), Completed on: 2022-03-02, (Printed version filed on 2022-03-01) Kathleen Carroll-Byrne
2022-02-17 Notice of appearance, Mr. John Provart will appear before the Court, and will present oral arguments.
Attorney General of Canada representing His Majesty the King in right of Canada
2022-02-17 Notice of appearance, Mr. Richard W. Norman, Ms. Alyssa Holland, and Mr. David Taylor will appear before the Court, and Mr. Taylor will present oral arguments.
Transportation Safety Board of Canada
2022-02-15 Notice of appearance, Mr. Scott R. Campbell, Ms. Michelle L. Chai and Ms. Erin J. McSorley will appear before the Court, and will present oral arguments.
Halifax International Airport Authority
2022-02-15 Notice of appearance, Mr. Robert B. Bell and Mr. Stephen Ronan will appear before the Court, and Mr. Stephen Ronan will present oral arguments.

Amended Notice of Appearance rec'd 2022-03-16
Nav Canada
2022-02-15 Notice of appearance, Mr. Christopher Hubbard, Ms. Emmanuelle Poupart, Mr. Jesse Hartery, and Ms. Brittany Cerqua will appear before the Court, Mr. Hubbard and Ms. Poupart will present oral arguments. Airbus S.A.S.
2022-02-15 Notice of appearance, Mr. Clay S. Hunter will appear before the Court, and will not present oral arguments.
Air Canada
2022-02-14 Notice of appearance, Mr. Jamie Thornback, Mr. Raymond Wagner, Q.C. and Ms. Kate Boyle will appear before the Court, and Mr. Thornback will present oral arguments.

Amended Notice of Appearance rec'd 2022-03-16
Kathleen Carroll-Byrne
2022-02-11 Notice of appearance, Mr. Christopher Rootham, Mr. Andrew Montague-Reinholdt, and Ms.
Adrienne Fanjoy will appear before the Court, and Mr. Rootham will present oral arguments.
Air Canada Pilots’ Association
2022-02-09 Correspondence (sent by the Court) to, Letter of direction relating to March hearing
2022-01-10 Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version filed on 2022-01-10) Transportation Safety Board of Canada
2022-01-10 Appellant's book of authorities, (Book Form), Completed on: 2022-01-18, (Printed version filed on 2022-01-10) Transportation Safety Board of Canada
2022-01-10 Appellant's record, (Book Form), (6 volumes), Completed on: 2022-01-18, (Printed version filed on 2022-01-10) Transportation Safety Board of Canada
2022-01-10 Appellant's factum, (Book Form), Completed on: 2022-01-18, (Printed version filed on 2022-01-10) Transportation Safety Board of Canada
2022-01-06 Correspondence received from, (Letter Form), Nadia Effendi will be acting as Agent for the Respondent. , (Printed version due on 2022-01-13) Airbus S.A.S.
2021-11-15 Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B-Notice of Appeal, (Printed version due on 2021-11-22) Transportation Safety Board of Canada
2021-11-15 Certificate (on limitations to public access), (Letter Form), 23A-Notice of Appeal, (Printed version filed on 2021-11-15) Transportation Safety Board of Canada
2021-11-15 Notice of name, (Letter Form), (Printed version filed on 2021-11-15) Transportation Safety Board of Canada
2021-11-15 Notice of appeal, (Letter Form), Completed on: 2021-11-19, (Printed version filed on 2021-11-15) Transportation Safety Board of Canada
2021-11-08 Notice of hearing sent to parties, (sent electronically on 2021-11-09)
2021-11-08 Appeal hearing scheduled, 2022-03-17
Judgment reserved
2021-10-29 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2021-10-14 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2021-10-14 Judgment on leave sent to the parties
2021-10-14 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 495035, 2021 NSCA 34, dated April 16, 2021, is granted. The decision on costs is referred to the panel hearing the appeal.


The motion to expedite the hearing of the appeal is granted.

The Acting Registrar shall set the filing deadlines.

Granted, costs to follow
2021-10-14 Decision on motion to expedite the application for leave to appeal, See decision on application
Granted
2021-08-16 All materials on application for leave submitted to the Judges, for consideration by the Court
2021-08-16 Submission of motion to expedite the application for leave to appeal, for consideration by the Court
2021-08-16 Certificate (on limitations to public access), 23A Attorney General of Canada representing His Majesty the King in right of Canada
2021-08-10 Certificate (on limitations to public access), (Letter Form), Form 23B -Response, (Printed version filed on 2021-08-17) Air Canada
2021-08-10 Certificate (on limitations to public access), (Letter Form), Form 23A - Response, (Printed version filed on 2021-08-17) Air Canada
2021-08-10 Notice of name, (Letter Form), (Printed version filed on 2021-08-17) Air Canada
2021-08-09 Certificate (on limitations to public access), (Letter Form), 23B - Reply, (Printed version filed on 2021-08-20) Transportation Safety Board of Canada
2021-07-29 Applicant's reply to respondent's argument, (Book Form), require: 23B (rec'd 2021-08-09) , Completed on: 2021-08-09, (Printed version due on 2021-08-06) Transportation Safety Board of Canada
2021-07-02 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2021-07-09) Airbus S.A.S.
2021-07-02 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-07-09) Airbus S.A.S.
2021-07-02 Notice of name, (Letter Form), (Printed version due on 2021-07-09) Airbus S.A.S.
2021-07-02 Respondent's response on the application for leave to appeal, (Letter Form), Airbus S.A.S agrees with and adopts the responding submissions made by the Respondents, Kathleen Carrol-Byrne, et al and have nothing further to add.

require: proof of service upon all parties (rec'd 2021-08-09), Completed on: 2021-08-09, (Printed version due on 2021-07-09)
Airbus S.A.S.
2021-06-28 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2021-07-06) Air Canada Pilots’ Association
2021-06-28 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-07-06) Air Canada Pilots’ Association
2021-06-28 Notice of name, (Letter Form), (Printed version due on 2021-07-06) Air Canada Pilots’ Association
2021-06-28 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-08-06, (Printed version filed on 2021-06-28) Air Canada Pilots’ Association
2021-06-28 Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B, (Printed version due on 2021-07-06) Halifax International Airport Authority
2021-06-28 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-07-06) Halifax International Airport Authority
2021-06-28 Notice of name, (Letter Form), (Printed version due on 2021-07-06) Halifax International Airport Authority
2021-06-28 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-08-06, (Printed version filed on 2021-06-28) Halifax International Airport Authority
2021-06-25 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2021-07-05) Nav Canada
2021-06-25 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-07-05) Nav Canada
2021-06-25 Notice of name, (Letter Form), (Printed version due on 2021-07-05) Nav Canada
2021-06-25 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-08-06, (Printed version filed on 2021-06-25) Nav Canada
2021-06-25 Respondent's response on the application for leave to appeal, (Letter Form), Air Canada and the John Doe respondents will take no position in this application for leave to appeal and will not be filing a response

require: 23A, 23B, notice of name (rec'd 2021-08-10), Completed on: 2021-08-13, (Printed version due on 2021-07-05)
Air Canada
2021-06-25 Respondent's response on the application for leave to appeal, (Letter Form), The Attorney General of Canada will take no position in this application for leave to appeal and will not be filing a response.

require: 23A (rec'd 2021-08-17), Completed on: 2021-08-17, (Printed version due on 2021-07-05)
Attorney General of Canada representing His Majesty the King in right of Canada
2021-06-24 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2021-07-02) Kathleen Carroll-Byrne
2021-06-24 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2021-06-24) Kathleen Carroll-Byrne
2021-06-24 Response to the motion to expedite the application for leave to appeal, (Letter Form), Completed on: 2021-08-06, (Printed version due on 2021-07-02) Kathleen Carroll-Byrne
2021-06-24 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-08-06, (Printed version filed on 2021-06-24) Kathleen Carroll-Byrne
2021-05-27 Letter acknowledging receipt of an incomplete application for leave to appeal
2021-05-27 Letter acknowledging receipt of a notice of application for leave to appeal, FILE OPENED 2021-05-27

2021-05-26 Motion to expedite the application for leave to appeal, (Book Form), Require:
-Filing fee, Completed on: 2021-08-09, (Electronic version filed on 2021-05-27)
Transportation Safety Board of Canada
2021-05-25 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2021-05-28) Transportation Safety Board of Canada
2021-05-25 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2021-05-28) Transportation Safety Board of Canada
2021-05-25 Notice of name, (Letter Form), (Printed version filed on 2021-05-28) Transportation Safety Board of Canada
2021-05-25 Application for leave to appeal, (Book Form), - Amended record of application required (rec'd 2021-05-31)
- Filing fee - rec'd 2021-06-14
, Completed on: 2021-06-14, (Printed version filed on 2021-05-26)
Transportation Safety Board of Canada
2021-05-19 Correspondence received from, (Letter Form), (Printed version filed on 2021-05-26) Transportation Safety Board of Canada
2021-05-19 Notice of application for leave to appeal, Require:
-Proof of service rec' 2021-05-20, Completed on: 2021-05-27
Transportation Safety Board of Canada