Docket

40348

Ummugulsum Yatar v. TD Insurance Meloche Monnex, et al.

(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)
2024-01-25 Notice of change of counsel, (Book Form), (Printed version due on 2024-02-01) Advocacy Centre for Tenants Ontario
2023-11-27 Transcript received, 157 pages
2023-11-15 Judgment reserved OR rendered with reasons to follow
2023-11-15 Hearing of the appeal, 2023-11-15, CJ Ka Côt Row Mar Kas Ja Ob Mor
Judgment reserved
2023-11-14 Correspondence received from, TD will have 30 minutes for oral argument, the LAT will have 30 minutes for oral argument, and the LAT will present oral argument first. TD Insurance Meloche Monnex
2023-11-14 Intervener's book of authorities, (Book Form), Completed on: 2023-11-14, (Printed version filed on 2023-11-14) Attorney General of Alberta
2023-11-10 Correspondence received from, (Book Form), Attorney General of Alberta, intends to rely on the following additional authorities, published after the filing of our factum, in oral argument for the above appeal:, (Printed version due on 2023-11-20) Attorney General of Alberta
2023-11-10 Intervener's condensed book, (Book Form), (Printed version filed on 2023-11-10) Canadian Telecommunications Association
2023-11-10 Appellant's condensed book, (Book Form), (Printed version filed on 2023-11-10) Ummugulsum Yatar
2023-11-09 Respondent's condensed book, (Book Form), (Printed version filed on 2023-11-09) Licence Appeal Tribunal
2023-11-09 Respondent's condensed book, (Book Form), (Printed version filed on 2023-11-09) TD Insurance Meloche Monnex
2023-10-31 Correspondence received from, Counsel for the Respondent LAT request to reserved five (5) seats Licence Appeal Tribunal
2023-10-30 Supplemental document, Supplemental Book of Authorities of the Respondent TD Insurance, Completed on: 2023-11-02 TD Insurance Meloche Monnex
2023-10-30 Correspondence received from, Supplemental Book of Authorities TD intends to rely on during the course of
oral argument on November 15, 2023
TD Insurance Meloche Monnex
2023-10-17 Notice of appearance, Nabila F. Qureshi, Anu Bakshi, Anna Rosenbluth will appear before the Court via Zoom and Nabila F. Qureshi will present oral argument. Income Security Advocacy Centre
2023-10-17 Notice of appearance, Ryan Hardy will appear before the Court via Zoom and will present oral argument. Advocacy Centre for Tenants Ontario
2023-10-16 Notice of appearance, Ms. Christine Lonsdale, Mr. Adam Goldenberg and Ms. Erin Chesney will appear before the Court and both will be presenting oral argument. TD Insurance Meloche Monnex
2023-10-16 Notice of appearance, Brian A. Blumenthal and Valerie Crystal will be appearing in person before the Court, and both will present oral argument. Licence Appeal Tribunal
2023-10-13 Notice of appearance, Robin J. Gage and Julia Riddle will appear before the Court via Zoom and Robin J. Gage will present oral argument.
Forest Appeals Commission
2023-10-13 Notice of appearance, Nina Bombier and Nikolas De Stefano will appear before the Court via Zoom and Nina Bombier will present oral argument.
Insurance Bureau of Canada
2023-10-13 Notice of appearance, Sean Dewart, Tim Gleason and Ian McKellar will appear before the Court and Sean Dewart and Tim Gleason will present oral argument.
Ummugulsum Yatar
2023-10-12 Notice of appearance, Paul Daly will appear before the Court via Zoom and will present oral argument.
Canadian Telecommunications Association
2023-10-12 Notice of appearance, Me Stéphane Rochette and Me Francesca Boucher will appear before the Court via Zoom and Me Rochette will present oral argument.
Attorney General of Quebec
2023-10-12 Notice of appearance, Meera Bennett and Katherine Reilly will appear before the Court via Zoom and Meera Bennett will present oral argument.
Attorney General of British Columbia
2023-10-12 Notice of appearance, Allison Fenske and Natalie Copps will appear before the Court via Zoom and Allison Fenske will present oral argument.
Aboriginal Council of Winnipeg Inc. and Social Planning Council of Winnipeg
2023-10-12 Notice of appearance, (Letter Form), Michael J. Sims and Matthew Chung will appear before the Court via Zoom and Michael J. Sims will present oral argument.
, (Printed version filed on 2023-10-16)
Attorney General of Ontario
2023-10-12 Order on motion to extend time, by ROWE J.
2023-10-12 Decision on motion to extend time, Row, UPON APPLICATION by the License Appeal Tribunal for an order extending the time to serve its reply factum to the respondent TD Insurance Meloche Monnex and the intervener Canadian Telecommunications Association to September 22, 2023;

AND THE MATERIAL FILED having been read;

AND NOTING the consent of both TD Insurance Meloche Monnex and the Canadian Telecommunications Association;

IT IS HEREBY ORDERED THAT:

The motion is granted.

Granted
2023-10-12 Submission of motion to extend time, Row
2023-10-06 Notice of appearance, (Letter Form), John Provart and Michelle Kellam will appear before the Court John Provart will be presenting oral argument.
, (Printed version due on 2023-10-16)
Attorney General of Canada
2023-10-06 Notice of appearance, (Letter Form), Michael Wall and Adam Ollenberger will appear before the Court and Michael Wall will present oral argument.
, (Printed version due on 2023-10-16)
Attorney General of Alberta
2023-09-27 Response to motion to extend time, (Letter Form), Completed on: 2023-09-28, (Printed version due on 2023-10-04) Attorney General of British Columbia
2023-09-26 Response to motion to extend time, (Letter Form), Completed on: 2023-10-11, (Printed version due on 2023-10-03) Attorney General of Quebec
2023-09-22 Response to motion to extend time, (Letter Form), Completed on: 2023-09-28, (Printed version due on 2023-09-29) Ummugulsum Yatar
2023-09-22 Motion to extend time, (Book Form), to serve their reply factum.
Missing: Filing Fee (rec' 09/26/23), Completed on: 2023-09-28, (Printed version filed on 2023-09-22)
Licence Appeal Tribunal
2023-09-21 Reply factum on appeal, (Book Form), Completed on: 2023-09-22, (Printed version filed on 2023-09-25) TD Insurance Meloche Monnex
2023-09-21 Reply factum on appeal, (Book Form), Missing: Proof of Service for TD and CTA, Incomplete, (Printed version due on 2023-09-28) Licence Appeal Tribunal
2023-09-21 Reply factum on appeal, (Book Form), Completed on: 2023-09-22, (Printed version filed on 2023-09-21) Ummugulsum Yatar
2023-09-20 Correspondence received from, (Letter Form), Notice of Change of information, (Printed version due on 2023-09-27) Aboriginal Council of Winnipeg Inc. and Social Planning Council of Winnipeg
2023-08-30 Intervener's book of authorities, (Book Form), Completed on: 2023-08-30, (Printed version filed on 2023-08-31) Insurance Bureau of Canada
2023-08-30 Intervener's factum, (Book Form), Completed on: 2023-08-30, (Printed version filed on 2023-08-31) Insurance Bureau of Canada
2023-08-30 Intervener's book of authorities, (Book Form), Completed on: 2023-08-30, (Printed version filed on 2023-08-31) Attorney General of Alberta
2023-08-30 Intervener's factum, (Book Form), Completed on: 2023-08-30, (Printed version filed on 2023-08-31) Attorney General of Alberta
2023-08-30 Intervener's factum, (Book Form), Completed on: 2023-08-30, (Printed version filed on 2023-08-31) Aboriginal Council of Winnipeg Inc. and Social Planning Council of Winnipeg
2023-08-30 Intervener's book of authorities, (Book Form), Completed on: 2023-08-30, (Printed version filed on 2023-08-30) Attorney General of Canada
2023-08-30 Intervener's factum, (Book Form), Completed on: 2023-08-30, (Printed version filed on 2023-08-30) Attorney General of Canada
2023-08-29 Intervener's book of authorities, (Book Form), Completed on: 2023-09-05, (Printed version due on 2023-09-06) Attorney General of Ontario
2023-08-29 Intervener's factum, (Book Form), Completed on: 2023-09-05, (Printed version filed on 2023-08-30) Attorney General of Ontario
2023-08-29 Intervener's factum, (Book Form), Completed on: 2023-08-29, (Printed version filed on 2023-08-31) Attorney General of British Columbia
2023-08-29 Intervener's factum, (Book Form), Completed on: 2023-08-29, (Printed version filed on 2023-08-31) Attorney General of Quebec
2023-08-29 Intervener's book of authorities, (Book Form), Completed on: 2023-09-01, (Printed version filed on 2023-08-29) Income Security Advocacy Centre
2023-08-29 Intervener's factum, (Book Form), Completed on: 2023-08-29, (Printed version filed on 2023-08-29) Income Security Advocacy Centre
2023-08-29 Intervener's factum, (Book Form), Completed on: 2023-08-29, (Printed version filed on 2023-08-29) Advocacy Centre for Tenants Ontario
2023-08-29 Intervener's factum, (Book Form), Completed on: 2023-08-29, (Printed version filed on 2023-08-29) Forest Appeals Commission
2023-08-28 Intervener's book of authorities, (Book Form), Missing:
- Proof of service, Incomplete, (Printed version filed on 2023-09-05)
Canadian Telecommunications Association
2023-08-28 Intervener's factum, (Book Form), Missing:
- Proof of service, Incomplete, (Printed version filed on 2023-09-05)
Canadian Telecommunications Association
2023-08-10 Order on motion to vary pronouncement / order, by Justice Rowe (sent to parties by email)
2023-08-10 Decision on motion to vary pronouncement / order, Row, UPON APPLICATION by the parties to vary the order dated July 19, 2023, to extend the time to serve and file the appellant’s and the respondents’ reply facta;


AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is granted.

The appellant and the respondents shall be entitled to serve and file their reply facta on or before September 21, 2023.

Granted
2023-08-10 Submission of motion to vary pronouncement / order, Row
2023-08-02 Motion to vary pronouncement / order, (Book Form), to serve and file the reply factum to September 21, 2023, Completed on: 2023-08-10 TD Insurance Meloche Monnex
2023-07-19 Order on motion for leave to intervene, by ROWE J.
2023-07-19 Decision on the motion for leave to intervene, Row, UPON APPLICATIONS by the Attorney General of Canada; the Attorney General of Ontario; the Attorney General of Quebec; the Attorney General of British Columbia; the Attorney General of Alberta; the Income Security Advocacy Centre; the Advocacy Centre for Tenants Ontario; the Ontario Trial Lawyers Association; the Canadian Telecommunications Association; the Insurance Bureau of Canada; the Forest Appeals Commission; and the Aboriginal Council of Winnipeg, Inc. and Social Planning Council of Winnipeg (jointly) for leave to intervene in the above appeal;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion for leave to intervene by the Ontario Trial Lawyers Association is dismissed as the motion for leave to intervene raises new issues and the submissions are duplicative of the appellant’s submissions. This intervention, if allowed, would have the effect of expanding the case.

The motions for leave to intervene by the Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Quebec, the Attorney General of British Columbia, the Attorney General of Alberta, the Income Security Advocacy Centre, the Advocacy Centre for Tenants Ontario, the Canadian Telecommunications Association, the Insurance Bureau of Canada, the Forest Appeals Commission, and the Aboriginal Council of Winnipeg, Inc. and Social Planning Council of Winnipeg (jointly) are granted, and the eleven (11) interveners or groups of interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length and book of authorities, if any, on or before August 30, 2023.

The Income Security Advocacy Centre, the Advocacy Centre for Tenants Ontario, the Canadian Telecommunications Association, the Insurance Bureau of Canada, the Forest Appeals Commission, and the Aboriginal Council of Winnipeg, Inc. and Social Planning Council of Winnipeg (jointly) are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

The Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Quebec, the Attorney General of British Columbia and the Attorney General of Alberta are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.

The appellant and respondents 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 September 7, 2023.

The interveners or groups 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 respondents any additional disbursements resulting from their interventions.

Judgment accordingly
2023-07-18 Respondent's book of authorities, (Book Form), Completed on: 2023-07-19, (Printed version filed on 2023-07-20) Licence Appeal Tribunal
2023-07-18 Respondent's factum, (Letter Form), Completed on: 2023-07-19, (Printed version filed on 2023-07-20) Licence Appeal Tribunal
2023-07-18 Respondent's book of authorities, (Book Form), Completed on: 2023-07-20, (Printed version filed on 2023-07-25) TD Insurance Meloche Monnex
2023-07-18 Respondent's factum, (Book Form), Proof of Service (Rec'd 2023-07-19), Completed on: 2023-07-20, (Printed version filed on 2023-07-20) TD Insurance Meloche Monnex
2023-07-17 Submission of motion for leave to intervene, Row
2023-07-07 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2023-07-11, (Printed version due on 2023-07-14) Attorney General of Alberta
2023-07-04 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2023-07-05, (Printed version due on 2023-07-11) Forest Appeals Commission
2023-07-04 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2023-07-05, (Printed version filed on 2023-07-11) Canadian Telecommunications Association
2023-07-04 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2023-07-05, (Printed version due on 2023-07-11) Attorney General of Quebec
2023-06-29 Response to the motion for leave to intervene, (Letter Form), Completed on: 2023-07-05, (Printed version filed on 2023-07-10) TD Insurance Meloche Monnex
2023-06-28 Response to the motion for leave to intervene, (Letter Form), Response to the intervention of ACTO., Completed on: 2023-06-29, (Printed version due on 2023-07-06) Ummugulsum Yatar
2023-06-28 Response to the motion for leave to intervene, (Letter Form), Completed on: 2023-06-29, (Printed version filed on 2023-06-28) Ummugulsum Yatar
2023-06-27 Response to the motion for leave to intervene, (Letter Form), Response on all motions for leave to intervene
Missing:
-Proof of service (rec' 06/28/23), Completed on: 2023-06-29, (Printed version due on 2023-07-05)
Licence Appeal Tribunal
2023-06-27 Notice of hearing sent to parties, via email.
2023-06-27 Appeal hearing scheduled, 2023-11-15
Judgment reserved
2023-06-20 Motion for leave to intervene, (Book Form), Completed on: 2023-06-22, (Electronic version due on 2023-06-27) Attorney General of Quebec
2023-06-20 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2023-06-21) Aboriginal Council of Winnipeg Inc. and Social Planning Council of Winnipeg
2023-06-20 Notice of name, (Letter Form), (Printed version filed on 2023-06-21) Aboriginal Council of Winnipeg Inc. and Social Planning Council of Winnipeg
2023-06-20 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 07/13/23), Completed on: 2023-07-17, (Printed version filed on 2023-06-21) Aboriginal Council of Winnipeg Inc. and Social Planning Council of Winnipeg
2023-06-20 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 07/04/23)
Proof of Service to the respondent (rec' 06/22/23), Completed on: 2023-07-05, (Printed version filed on 2023-06-20)
Attorney General of Canada
2023-06-20 Motion for leave to intervene, (Book Form), Missing: Proof of Service, Filing Fee, Incomplete, (Printed version filed on 2023-06-20) Attorney General of Alberta
2023-06-20 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2023-06-21) Attorney General of British Columbia
2023-06-20 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 07/13/23), Completed on: 2023-07-17, (Printed version filed on 2023-06-21) Attorney General of British Columbia
2023-06-20 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2023-06-21) Insurance Bureau of Canada
2023-06-20 Notice of name, (Letter Form), (Printed version filed on 2023-06-21) Insurance Bureau of Canada
2023-06-20 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 07/13/23), Completed on: 2023-07-17, (Printed version filed on 2023-06-21) Insurance Bureau of Canada
2023-06-20 Certificate (on limitations to public access), (Letter Form), Missing: Proof of Service (rec' 06/22/23), (Printed version due on 2023-06-27) Canadian Telecommunications Association
2023-06-20 Notice of name, (Letter Form), Missing: Proof of Service (rec' 06/22/23), (Printed version filed on 2023-06-23) Canadian Telecommunications Association
2023-06-20 Other book of authorities, (Book Form), Missing: Proof of Service (rec' 06/22/23), Completed on: 2023-06-23, (Printed version filed on 2023-06-23) Canadian Telecommunications Association
2023-06-20 Motion for leave to intervene, (Book Form), Missing: Proof of Service (rec' 06/22/23), Completed on: 2023-06-23, (Printed version filed on 2023-06-23) Canadian Telecommunications Association
2023-06-20 Motion for leave to intervene, (Book Form), Completed on: 2023-06-21, (Printed version filed on 2023-06-20) Attorney General of Ontario
2023-06-20 Notice of name, (Letter Form), (Printed version filed on 2023-06-20) Ontario Trial Lawyers Association
2023-06-20 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 06/29/23), Completed on: 2023-07-05, (Printed version filed on 2023-06-20) Ontario Trial Lawyers Association
2023-06-19 Notice of name, (Letter Form), (Printed version filed on 2023-06-20) Forest Appeals Commission
2023-06-19 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 06/29/23), Completed on: 2023-07-05, (Printed version filed on 2023-06-20) Forest Appeals Commission
2023-06-19 Notice of name, (Letter Form), (Printed version filed on 2023-06-19) Advocacy Centre for Tenants Ontario
2023-06-19 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 06/29/23), Completed on: 2023-07-05, (Printed version filed on 2023-06-19) Advocacy Centre for Tenants Ontario
2023-06-19 Notice of name, (Letter Form), (Printed version filed on 2023-06-19) Income Security Advocacy Centre
2023-06-19 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 06/29/23), Completed on: 2023-07-13, (Printed version filed on 2023-06-19) Income Security Advocacy Centre
2023-06-09 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2023-06-06 Notice of change of counsel TD Insurance Meloche Monnex
2023-05-23 Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2023-05-23) Ummugulsum Yatar
2023-05-23 Appellant's record, (Book Form), (3 volumes), Completed on: 2023-05-23, (Printed version filed on 2023-05-23) Ummugulsum Yatar
2023-05-23 Appellant's factum, (Book Form), Completed on: 2023-05-23, (Printed version filed on 2023-05-23) Ummugulsum Yatar
2023-03-27 Notice of appeal, (Letter Form), Completed on: 2023-04-04, (Printed version filed on 2023-03-29) Ummugulsum Yatar
2023-03-09 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2023-03-09 Judgment on leave sent to the parties
2023-03-09 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 C69874, 2022 ONCA 446, dated June 7, 2022, is granted with costs in the cause.
Granted, with costs
2023-02-06 All materials on application for leave submitted to the Judges, for consideration by the Court
2022-10-21 Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-11-02, (Printed version filed on 2022-10-21) Ummugulsum Yatar
2022-10-11 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-10-18) TD Insurance Meloche Monnex
2022-10-11 Notice of name, (Letter Form), (Printed version due on 2022-10-18) TD Insurance Meloche Monnex
2022-10-11 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-10-31, (Printed version filed on 2022-10-12) TD Insurance Meloche Monnex
2022-09-21 Correspondence received from, (Letter Form), (Printed version due on 2022-09-28) Ummugulsum Yatar
2022-09-12 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2022-09-12
2022-09-08 Correspondence received from, (Letter Form), (Printed version due on 2022-09-15) Licence Appeal Tribunal
2022-09-06 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-09-06) Ummugulsum Yatar
2022-09-06 Application for leave to appeal, (Book Form), Required:
Sign copy of CA Order (Court Order Form rec'd 2022-09-21. Estimate as to when court order will be filed - 2022-09-30) Rec'd 2022-10-21
, Completed on: 2022-11-02, (Printed version filed on 2022-09-06)
Ummugulsum Yatar