Docket
40570
TransAlta Generation Partnership, et al. v. His Majesty the King in Right of the Province of Alberta, et al.
(Alberta) (Civil) (By Leave)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-05-08 | Transcript received | |
| 2024-04-25 | Judgment reserved OR rendered with reasons to follow | |
| 2024-04-25 | Hearing of the appeal, 2024-04-25, CJ Ka Côt Row Mar Kas Ja Ob Mor | |
| 2024-04-23 | Appellant's condensed book, (Book Form), (Printed version filed on 2024-04-23) | TransAlta Generation Partnership |
| 2024-04-23 | Intervener's condensed book, (Book Form), (Printed version filed on 2024-04-23) | The National Association of Pharmacy Regulatory Authorities |
| 2024-04-22 | Respondent's condensed book, (Book Form), (Printed version filed on 2024-04-23) | His Majesty the King in Right of the Province of Alberta |
| 2024-04-10 | Respondent's book of authorities, (Book Form), Completed on: 2024-04-10, (Printed version filed on 2024-04-10) | His Majesty the King in Right of the Province of Alberta |
| 2024-04-10 | Reply factum on appeal, (Book Form), Completed on: 2024-04-10, (Printed version filed on 2024-04-10) | His Majesty the King in Right of the Province of Alberta |
| 2024-04-10 | Appellant's book of authorities, (Book Form), For the reply factum, Completed on: 2024-04-10, (Printed version filed on 2024-04-11) | TransAlta Generation Partnership |
| 2024-04-10 | Reply factum on appeal, (Book Form), Completed on: 2024-04-10, (Printed version filed on 2024-04-11) | TransAlta Generation Partnership |
| 2024-04-05 | Intervener's factum, (Book Form), Joint with 40582, Completed on: 2024-04-05, (Printed version filed on 2024-04-10) | Advocates for the Rule of Law |
| 2024-04-05 | Intervener's factum, (Book Form), Completed on: 2024-04-05, (Printed version filed on 2024-04-19) | Attorney General for Saskatchewan |
| 2024-04-05 | Intervener's factum, (Book Form), Completed on: 2024-04-05, (Printed version filed on 2024-04-05) | Workers’ Compensation Board of British Columbia |
| 2024-04-05 | Intervener's book of authorities, (Book Form), Completed on: 2024-04-08, (Printed version filed on 2024-04-08) | Canadian Association of Refugee Lawyers |
| 2024-04-05 | Intervener's factum, (Book Form), Completed on: 2024-04-08, (Printed version filed on 2024-04-08) | Canadian Association of Refugee Lawyers |
| 2024-04-05 | Intervener's book of authorities, (Book Form), Missing: - Proof of service (Rec'd 04-19-2024), Completed on: 2024-04-19, (Printed version filed on 2024-04-05) |
Trial Lawyers Association of British Columbia |
| 2024-04-05 | Intervener's factum, (Book Form), Missing: - Proof of service (Rec'd 04-19-2024), Completed on: 2024-04-22, (Printed version filed on 2024-04-05) |
Trial Lawyers Association of British Columbia |
| 2024-04-05 | Intervener's book of authorities, (Book Form), Completed on: 2024-04-05, (Printed version filed on 2024-04-05) | Attorney General of Ontario |
| 2024-04-05 | Intervener's factum, (Book Form), Completed on: 2024-04-05, (Printed version filed on 2024-04-05) | Attorney General of Ontario |
| 2024-04-05 | Intervener's factum, (Book Form), Completed on: 2024-04-05, (Printed version filed on 2024-04-05) | Chicken Farmers of Canada, Egg Farmers of Canada, Turkey Farmers of Canada and Canadian Hatching Egg Producers (“the SM-4”) |
| 2024-04-05 | Intervener's book of authorities, (Book Form), Completed on: 2024-04-05, (Printed version filed on 2024-04-05) | The National Association of Pharmacy Regulatory Authorities |
| 2024-04-05 | Intervener's factum, (Book Form), Amended version for technical requirements , Completed on: 2024-04-05, (Printed version filed on 2024-04-05) | The National Association of Pharmacy Regulatory Authorities |
| 2024-04-05 | Intervener's book of authorities, (Book Form), ., Completed on: 2024-04-19, (Printed version filed on 2024-04-05) | HIV & AIDS Legal Clinic Ontario and Health Justice Program |
| 2024-04-05 | Intervener's factum, (Book Form), Missing: - Proof of service (Rec'd 04-19-2024), Completed on: 2024-04-19, (Printed version filed on 2024-04-05) |
HIV & AIDS Legal Clinic Ontario and Health Justice Program |
| 2024-04-05 | Intervener's factum, (Book Form), Completed on: 2024-04-05, (Printed version filed on 2024-04-05) | Attorney General of British Columbia |
| 2024-04-04 | Intervener's factum, (Book Form), Completed on: 2024-04-04, (Printed version filed on 2024-04-05) | Attorney General of Quebec |
| 2024-04-04 | Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties | |
| 2024-04-03 | Intervener's factum, (Book Form), Completed on: 2024-04-03, (Printed version filed on 2024-04-04) | Association québécoise des avocats et avocates en droit de l’immigration |
| 2024-04-02 | Notice of appearance, Andrew J. Brouwer and Erin V. Simpson will appear before the Court. Andrew J. Brouwer will present oral argument. | Canadian Association of Refugee Lawyers |
| 2024-04-02 | Notice of appearance, (Letter Form), Judie Im and Michele Valentini will appear before the Court. Judie Im will present oral argument. | Attorney General of Ontario |
| 2024-04-02 | Notice of appearance, Alyssa Holland, David Wilson and Julies Mouris will appear before the Court. Alyssa Holland will present oral argument. | Chicken Farmers of Canada, Egg Farmers of Canada, Turkey Farmers of Canada and Canadian Hatching Egg Producers (“the SM-4”) |
| 2024-04-02 | Notice of appearance, Gregory G. Plester, Rebecca L. Kos and Alvin R. Kosak will appear before the Court. Gregory G. Plester will present oral argument. |
His Majesty the King in Right of the Province of Alberta |
| 2024-04-02 | Respondent's book of authorities, (Book Form), Completed on: 2024-04-02 | His Majesty the King in Right of the Province of Alberta |
| 2024-04-02 | Respondent's factum, (Book Form), Completed on: 2024-04-02 | His Majesty the King in Right of the Province of Alberta |
| 2024-03-28 | Notice of appearance, (Letter Form), Peter Henein, Ewa Krajewska and Brandon Chung will appear before the Court. Ewa Krajewska will present oral argument. |
Advocates for the Rule of Law |
| 2024-03-28 | Notice of appearance, (Letter Form), Kyle McCreary and Jared Biden will appear before the Court. Kyle McCreary will present oral argument. | Attorney General for Saskatchewan |
| 2024-03-27 | Notice of appearance, (Letter Form), Johanna Goosen will appear before the Court and will present oral argument. |
Workers’ Compensation Board of British Columbia |
| 2024-03-27 | Notice of appearance, Mannu Chowdhury will appear before the Court and will present oral argument. |
HIV & AIDS Legal Clinic Ontario and Health Justice Program |
| 2024-03-26 | Notice of appearance, (Letter Form), Stéphane Rochette and Francesca Boucher will appear before the Court. Stéphane Rochette will present oral argument. |
Attorney General of Quebec |
| 2024-03-25 | Notice of appearance, (Letter Form), Emily Lapper and Christine Bant will appear before the Court. Emily Lapper will present oral argument. | Attorney General of British Columbia |
| 2024-03-25 | Notice of appearance, Aubin Calvert and Devin Eeg will appear before the Court. Aubin Calvert will present oral argument. |
Trial Lawyers Association of British Columbia |
| 2024-03-22 | Notice of appearance, (Letter Form), Lawrence David and Gjergji Hasa will appear before the Court. Lawrence David will present oral argument. |
Association québécoise des avocats et avocates en droit de l’immigration |
| 2024-03-22 | Notice of appearance, William W. Shores K.C. and Annabritt N. Chisholm will appear before the Court. William W. Shores K.C. will present oral argument. |
The National Association of Pharmacy Regulatory Authorities |
| 2024-03-20 | Order on motion for leave to intervene, by JUSTICE MARTIN | |
| 2024-03-20 | Decision on the motion for leave to intervene, Mar, MARTIN J.: UPON APPLICATIONS by the Attorney General of Ontario; Attorney General of British Columbia; Attorney General of Quebec; Attorney General of Saskatchewan; Advocates for the Rule of Law; Canadian Association of Refugee Lawyers; Workers’ Compensation Board of British Columbia; Association québécoise des avocats et avocates en droit de l’immigration; Chicken Farmers of Canada, Egg Farmers of Canada, Turkey Farmers of Canada, and Canadian Hatching Egg Producers (jointly); The National Association of Pharmacy Regulatory Authorities; HIV & AIDS Legal Clinic Ontario and Health Justice Program (jointly); and Trial Lawyers Association of British Columbia for leave to intervene in the appeals Roland Nikolaus Auer v. Aysel Igorevna Auer et al. (40582) and TransAlta Generation Partnership et al. v. His Majesty The King in Right of the Province of Alberta et al. (40570); AND UPON APPLICATIONS by Ecojustice Canada Society, The City of Calgary, and Canadian Council for Refugees for leave to intervene in the appeal Roland Nikolaus Auer v. Aysel Igorevna Auer et al. (40582); AND UPON REQUESTS by the appellant, Roland Nikolaus Auer (40582); the appellants TransAlta Generation Partnership and TransAlta Generation (Keephills 3) (40570); and the respondents His Majesty The King in Right of the Province of Alberta and the Minister of Municipal Affairs for the Province of Alberta (40570) to serve and file a factum in reply to the interventions in their respective appeals; AND HAVING REGARD TO the Notice to the Profession of November 2021 concerning interventions; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene by Attorney General of Ontario; Attorney General of British Columbia; Attorney General of Quebec; Attorney General of Saskatchewan; Advocates for the Rule of Law; Canadian Association of Refugee Lawyers; Workers’ Compensation Board of British Columbia; Association québécoise des avocats et avocates en droit de l’immigration; Chicken Farmers of Canada, Egg Farmers of Canada, Turkey Farmers of Canada, and Canadian Hatching Egg Producers (jointly); The National Association of Pharmacy Regulatory Authorities; HIV & AIDS Legal Clinic Ontario and Health Justice Program (jointly); and Trial Lawyers Association of British Columbia are granted and the said interveners or groups of interveners shall be entitled to each serve and file a single factum common to both appeals not to exceed ten (10) pages in length on or before April 5, 2024. The motions for leave to intervene of Ecojustice Canada Society; The City of Calgary; and Canadian Council for Refugees are granted and the said interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length on or before April 5, 2024, in the appeal Roland Nikolaus Auer v. Aysel Igorevna Auer et al. (40582). The said interveners or groups of interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals. The appellant Roland Nikolaus Auer (40582) is granted permission to serve and file a single reply factum, not exceeding ten (10) pages, in response to all interveners or groups of interveners on or beforeApril 10, 2024. The appellants TransAlta Generation Partnership and TransAlta Generation (Keephills 3) (40570) jointly, and the respondents His Majesty The King in Right of the Province of Alberta and the Minister of Municipal Affairs for the Province of Alberta (40570) jointly, are granted permission to each serve and file a single reply factum, not exceeding ten (10) pages, in response to interveners Attorney General of Ontario; Attorney General of British Columbia; Attorney General of Quebec; Attorney General of Saskatchewan; Advocates for the Rule of Law; Canadian Association of Refugee Lawyers; Workers’ Compensation Board of British Columbia; Association québécoise des avocats et avocates en droit de l’immigration; Chicken Farmers of Canada, Egg Farmers of Canada, Turkey Farmers of Canada, and Canadian Hatching Egg Producers (jointly); The National Association of Pharmacy Regulatory Authorities; HIV & AIDS Legal Clinic Ontario and Health Justice Program (jointly); and Trial Lawyers Association of British Columbia on or before April 10, 2024. 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 appellants and the respondents any additional disbursements resulting from their interventions. Granted |
|
| 2024-03-20 | Submission of motion for leave to intervene, Mar | |
| 2024-03-15 | Notice of name | Attorney General for Saskatchewan |
| 2024-03-11 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2024-03-12, (Printed version filed on 2024-03-15) | Advocates for the Rule of Law |
| 2024-03-07 | Correspondence received from, (Letter Form), (Printed version filed on 2024-03-07) | Attorney General of Ontario |
| 2024-03-07 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2024-03-11, (Printed version due on 2024-03-14) | Attorney General of Quebec |
| 2024-03-07 | Certificate (on limitations to public access), 23A | Attorney General for Saskatchewan |
| 2024-03-06 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2024-03-08 | TransAlta Generation Partnership |
| 2024-03-06 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2024-03-08 | His Majesty the King in Right of the Province of Alberta |
| 2024-02-28 | Notice of name | The National Association of Pharmacy Regulatory Authorities |
| 2024-02-28 | Motion for leave to intervene, (Book Form), Incomplete, (Printed version filed on 2024-02-28) | The National Association of Pharmacy Regulatory Authorities |
| 2024-02-28 | Motion for leave to intervene, (Book Form), Incomplete | Attorney General for Saskatchewan |
| 2024-02-28 | Certificate (on limitations to public access) | Advocates for the Rule of Law |
| 2024-02-28 | Notice of name | Advocates for the Rule of Law |
| 2024-02-28 | Motion for leave to intervene, (Book Form), Completed on: 2024-03-14 | Advocates for the Rule of Law |
| 2024-02-28 | Motion for leave to intervene, (Book Form), Completed on: 2024-03-01, (Printed version filed on 2024-03-01) | Association québécoise des avocats et avocates en droit de l’immigration |
| 2024-02-28 | Notice of name | Canadian Association of Refugee Lawyers |
| 2024-02-28 | Motion for leave to intervene, (Book Form), Completed on: 2024-03-01 | Canadian Association of Refugee Lawyers |
| 2024-02-28 | Motion for leave to intervene, (Book Form), Completed on: 2024-03-01 | Attorney General of Ontario |
| 2024-02-28 | Notice of name | Workers’ Compensation Board of British Columbia |
| 2024-02-28 | Motion for leave to intervene, (Book Form), Completed on: 2024-02-29 | Workers’ Compensation Board of British Columbia |
| 2024-02-28 | Certificate (on limitations to public access) | Chicken Farmers of Canada, Egg Farmers of Canada, Turkey Farmers of Canada and Canadian Hatching Egg Producers (“the SM-4”) |
| 2024-02-28 | Notice of name | Chicken Farmers of Canada, Egg Farmers of Canada, Turkey Farmers of Canada and Canadian Hatching Egg Producers (“the SM-4”) |
| 2024-02-28 | Motion for leave to intervene, (Book Form), Completed on: 2024-02-29 | Chicken Farmers of Canada, Egg Farmers of Canada, Turkey Farmers of Canada and Canadian Hatching Egg Producers (“the SM-4”) |
| 2024-02-28 | Motion for leave to intervene, (Book Form), Completed on: 2024-03-05, (Printed version due on 2024-03-06) | Attorney General of Quebec |
| 2024-02-28 | Motion for leave to intervene, (Book Form), Incomplete | HIV & AIDS Legal Clinic Ontario and Health Justice Program |
| 2024-02-27 | Notice of name | HIV & AIDS Legal Clinic Ontario and Health Justice Program |
| 2024-02-27 | Notice of name | Trial Lawyers Association of British Columbia |
| 2024-02-27 | Motion for leave to intervene, (Book Form), Incomplete | Trial Lawyers Association of British Columbia |
| 2024-02-27 | Motion for leave to intervene, (Book Form), Incomplete | Attorney General of British Columbia |
| 2024-02-05 | Appellant's record, (Book Form), Completed on: 2024-02-14, (Printed version filed on 2024-02-14) | TransAlta Generation Partnership |
| 2024-02-05 | Appellant's factum, (Book Form), Completed on: 2024-02-14 | TransAlta Generation Partnership |
| 2024-02-05 | Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2024-02-14) | TransAlta Generation Partnership |
| 2024-02-05 | Appellant's book of authorities, (Book Form), Completed on: 2024-02-14, (Printed version filed on 2024-02-14) | TransAlta Generation Partnership |
| 2024-01-17 | Notice of hearing sent to parties | |
| 2024-01-15 | Appeal hearing scheduled, 2024-04-25, Early start 9a.m. | |
| 2023-12-20 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), The schedule for serving and filing the material is set as follows: a) The appellants’ record, factum and book of authorities, if any, shall be served and filed on or before February 5, 2024. b) Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before February 28, 2024. c) The appellants and respondents shall serve and file their response(s), if any, to the motions for leave to intervene on or before March 6, 2024. d) Replies to any responses to the motions for leave to intervene shall be served and filed on or before March 11, 2024. e) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before April 10, 2024. f) The respondents’ record, factum and book of authorities, if any, shall be served and filed on or before April 2, 2024. |
|
| 2023-11-27 | Notice of appeal, (Letter Form), Completed on: 2023-11-30, (Printed version due on 2023-12-04) | TransAlta Generation Partnership |
| 2023-11-01 | Correspondence received from, (Letter Form), Michael Sobkin, RE: Request to have 40570 and 40582 heard with 40614. Missing: Proof of Service (rec' 11/06/23), (Printed version due on 2023-11-08) |
TransAlta Generation Partnership |
| 2023-10-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-10-26 | Judgment on leave sent to the parties | |
| 2023-10-26 | 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 of Alberta (Calgary), Number 2101-0030AC, 2022 ABCA 381, dated November 23, 2022, is granted with costs in the cause. This appeal will be heard with Auer v. Auer et al. (40582). Granted, with costs |
|
| 2023-09-18 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-09-08 | Correspondence received from, Update on IATA decision (SCC 40614) | TransAlta Generation Partnership |
| 2023-06-06 | Correspondence received from, Filing of recent decision 2023 BCCA 200 | TransAlta Generation Partnership |
| 2023-03-06 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-03-08, (Printed version filed on 2023-03-07) | TransAlta Generation Partnership |
| 2023-02-24 | Notice of name | His Majesty the King in Right of the Province of Alberta |
| 2023-02-24 | Certificate (on limitations to public access), 23A | His Majesty the King in Right of the Province of Alberta |
| 2023-02-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-03-02, (Printed version filed on 2023-02-27) | His Majesty the King in Right of the Province of Alberta |
| 2023-01-26 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2023-01-26 | |
| 2023-01-20 | Certificate (on limitations to public access), 23A | TransAlta Generation Partnership |
| 2023-01-20 | Notice of name, (Printed version filed on 2023-01-20) | TransAlta Generation Partnership |
| 2023-01-20 | Application for leave to appeal, (Book Form), Required: - CA order (rec'd 2023-02-01) - Signed CA judgment (rec'd 2023-02-01), Completed on: 2023-03-02, (Printed version filed on 2023-01-20) |
TransAlta Generation Partnership |
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