Docket

40582

Roland Nikolaus Auer v. Aysel Igorevna Auer, et al.

(Alberta) (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)
2024-05-08 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 Intervener's condensed book, (Book Form), (Printed version filed on 2024-04-23) The National Association of Pharmacy Regulatory Authorities
2024-04-23 Respondent's condensed book, (Book Form), (Printed version filed on 2024-04-23) Attorney General of Canada
2024-04-22 Appellant's condensed book, (Book Form), (Printed version filed on 2024-04-23) Roland Nikolaus Auer
2024-04-11 Correspondence received from, Requesting an additional reserved seat Attorney General of Canada
2024-04-10 Reply factum on appeal, (Book Form), Reply to the interveners, Completed on: 2024-04-10 Roland Nikolaus Auer
2024-04-10 Correspondence received from, Regarding time and order of oral submissions Attorney General of Canada
2024-04-09 Correspondence received from, (Letter Form), To CJ requesting more time for oral submissions Roland Nikolaus Auer
2024-04-08 Reply factum on appeal, (Book Form), Completed on: 2024-04-09, (Printed version filed on 2024-04-10) Roland Nikolaus Auer
2024-04-05 Intervener's factum, (Book Form), Joint with 40570, 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 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: 2024-04-19, (Printed version filed on 2024-04-05)
Trial Lawyers Association of British Columbia
2024-04-05 Intervener's factum, (Book Form), Completed on: 2024-04-08, (Printed version filed on 2024-04-09) Ecojustice Canada Society
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 book of authorities, (Book Form), Amended version rec'd 2024-04-05 (technical requirements), Completed on: 2024-04-05, (Printed version filed on 2024-04-05) The City of Calgary
2024-04-05 Intervener's factum, (Book Form), Completed on: 2024-04-05, (Printed version filed on 2024-04-05) The City of Calgary
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), Missing:

- Proof of service, 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), Missing:

- Proof of service, Incomplete, (Printed version filed on 2024-04-05)
Canadian Council for Refugees
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, Amended version rec'd 04-24-2024

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, Henry Chan and Andrea Cole will appear before the Court. Henry Chan will present oral argument.
The City of Calgary
2024-03-28 Notice of appearance, (Letter Form), Lindsay Beck and Joshua Ginsberg will appear before the Court. Lindsay Beck will present oral argument.
Ecojustice Canada Society
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), Michael H. Morris, Joseph Cheng and Amy Martin-LeBlanc will appear before the Court. Michael Morris and Joseph Cheng will present oral argument.

6 Reserved seats requested
Attorney General of Canada
2024-03-28 Notice of appearance, 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 Certificate of counsel (attesting to record), 24B Attorney General of Canada
2024-03-27 Certificate (on limitations to public access), 23A Attorney General of Canada
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 Respondent's record, (Book Form), Completed on: 2024-03-27 Attorney General of Canada
2024-03-26 Respondent's book of authorities, (Book Form), Supplemental BOA recd 04-05-2024, Completed on: 2024-03-27 Attorney General of Canada
2024-03-26 Respondent's factum, (Book Form), Amended Version received on 04-05-2024 (Error in footnote), Completed on: 2024-03-27, (Printed version filed on 2024-04-17) Attorney General of Canada
2024-03-26 Notice of appearance, Jamie Liew and Kamaljit Lehal will appear before the Court. Jamie Liew will present oral argument.
Canadian Council for Refugees
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, Emily Lapper and Christine Bant will appear before the Court. Emily Lapper will present oral argument.
Attorney General of British Columbia
2024-03-25 Certificate of counsel (attesting to record), (Letter Form), 24B Aysel Igorevna Auer
2024-03-25 Notice of appearance, (Letter Form), Laura Warner, Ryan Phillips, Paul Daly and Ronald Robinson will appear before the Court. Laura Warner and Ronald Robinson will present oral argument.

ANMENDED VERSION REC'D 04-22-2024

2 Reserved Seat
Roland Nikolaus Auer
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
2024-03-25 Notice of appearance, (Letter Form), Tina Huizinga will appear before the Court. Tina Huizinga will present oral argument.
Aysel Igorevna Auer
2024-03-25 Certificate (on limitations to public access), (Letter Form), 23B Aysel Igorevna Auer
2024-03-25 Certificate (on limitations to public access), (Letter Form), 23A Aysel Igorevna Auer
2024-03-25 Respondent's record, (Book Form), Completed on: 2024-03-25, (Printed version filed on 2024-04-17) Aysel Igorevna Auer
2024-03-25 Respondent's factum, (Book Form), Missing:

- Proof of service, Completed on: 2024-03-25, (Printed version filed on 2024-04-17)
Aysel Igorevna Auer
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, (Letter Form), 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 Certificate (on limitations to public access) Attorney General for Saskatchewan
2024-03-07 Response to the motion for leave to intervene, (Letter Form), Proof of service missing, Incomplete, (Printed version due on 2024-03-14) Aysel Igorevna Auer
2024-03-06 Response to the motion for leave to intervene, (Letter Form), Completed on: 2024-03-11, (Printed version filed on 2024-03-13) Roland Nikolaus Auer
2024-03-06 Correspondence received from Attorney General of Canada
2024-03-06 Response to the motion for leave to intervene, (Letter Form), Completed on: 2024-03-11 Attorney General of Canada
2024-02-28 Motion for leave to intervene, (Book Form), Incomplete Attorney General of Quebec
2024-02-28 Motion for leave to intervene, (Book Form), Incomplete Attorney General for Saskatchewan
2024-02-28 Notice of name Ecojustice Canada Society
2024-02-28 Motion for leave to intervene, (Book Form), Completed on: 2024-03-05 Ecojustice Canada Society
2024-02-28 Certificate (on limitations to public access), 23A 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, (Printed version filed on 2024-03-04) Advocates for the Rule of Law
2024-02-28 Notice of name Canadian Association of Refugee Lawyers
2024-02-28 Motion for leave to intervene, (Book Form), Filing fee (Rec'd 2024-02-29), Completed on: 2024-02-29 Canadian Association of Refugee Lawyers
2024-02-28 Motion for leave to intervene, (Book Form), Filing fee missing (Rec'd 2024-02-29), Completed on: 2024-02-29, (Printed version filed on 2024-02-28) Attorney General of Ontario
2024-02-28 Notice of name, (Letter Form) Workers’ Compensation Board of British Columbia
2024-02-28 Motion for leave to intervene, (Book Form), Completed on: 2024-02-29, (Printed version filed on 2024-02-28) Workers’ Compensation Board of British Columbia
2024-02-28 Motion for leave to intervene, (Book Form), Completed on: 2024-02-28, (Printed version filed on 2024-03-01) Association québécoise des avocats et avocates en droit de l’immigration
2024-02-28 Certificate (on limitations to public access), (Letter Form), (Printed version due on 2024-03-06) 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, (Book Form), (Printed version filed on 2024-02-28) 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), Missing Filing fee (Rec'd 2024-02-29), Completed on: 2024-02-29, (Printed version filed on 2024-02-28) 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, (Letter Form), (Printed version due on 2024-03-06) The National Association of Pharmacy Regulatory Authorities
2024-02-28 Motion for leave to intervene, (Book Form), Completed on: 2024-02-28, (Printed version due on 2024-03-06) The National Association of Pharmacy Regulatory Authorities
2024-02-27 Notice of name, (Letter Form), (Printed version due on 2024-03-05) The City of Calgary
2024-02-27 Motion for leave to intervene, (Book Form), Completed on: 2024-02-29, (Printed version filed on 2024-02-27) The City of Calgary
2024-02-27 Notice of name, (Letter Form), (Printed version due on 2024-03-05) Canadian Council for Refugees
2024-02-27 Motion for leave to intervene, (Book Form), Missing Filing Fee (Rec'd 2024-02-29), Incomplete, (Printed version filed on 2024-02-28) Canadian Council for Refugees
2024-02-27 Intervener's book of authorities, (Book Form), Completed on: 2024-02-28, (Printed version filed on 2024-02-27) HIV & AIDS Legal Clinic Ontario and Health Justice Program
2024-02-27 Notice of name, (Letter Form), (Printed version due on 2024-03-05) HIV & AIDS Legal Clinic Ontario and Health Justice Program
2024-02-27 Motion for leave to intervene, (Book Form), Incomplete, (Printed version filed on 2024-02-27) HIV & AIDS Legal Clinic Ontario and Health Justice Program
2024-02-27 Notice of name, (Letter Form), (Printed version due on 2024-03-05) Trial Lawyers Association of British Columbia
2024-02-27 Motion for leave to intervene, (Book Form), Missing filing fee, Incomplete, (Printed version filed on 2024-02-27) Trial Lawyers Association of British Columbia
2024-02-27 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2024-02-27) Attorney General of British Columbia
2024-01-31 Certificate (on limitations to public access), (Letter Form), 24A Roland Nikolaus Auer
2024-01-31 Appellant's book of authorities, (Book Form), Completed on: 2024-01-31, (Printed version filed on 2024-01-31) Roland Nikolaus Auer
2024-01-31 Appellant's record, (Book Form), 16 Volumes

, Completed on: 2024-01-31, (Electronic version filed on 2024-01-31)
Roland Nikolaus Auer
2024-01-31 Appellant's factum, (Book Form), Completed on: 2024-01-31, (Printed version filed on 2024-01-31) Roland Nikolaus Auer
2024-01-17 Notice of hearing sent to parties
2024-01-15 Appeal hearing scheduled, 2024-04-25, Early start 9am
2023-12-21 Notice of change of counsel, (Letter Form), Missing:

- Proof of service-rec'd 01/15/2023
Attorney General of Canada
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 appellant’s record, factum and book of authorities, if any, shall be served and filed on or before January 31, 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 appellant and respondent 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 respondent’s record, factum and book of authorities, if any, shall be served and filed on or before March 27, 2024.

2023-11-24 Notice of change of counsel, (Letter Form), Tina Huizinga retained as counsel, (Printed version due on 2023-12-01) Aysel Igorevna Auer
2023-11-24 Notice of appeal, (Letter Form), Completed on: 2023-11-24, (Printed version filed on 2023-11-30) Roland Nikolaus Auer
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 (Edmonton), Number 2103-0135AC, 2022 ABCA 375, dated November 22, 2022, is granted with costs in the cause. This appeal will be heard with TransAlta Generation Partnership, et al. v. His Majesty the King in Right of the Province of Alberta, et al. (40570).
Granted, with costs
2023-09-18 All materials on application for leave submitted to the Judges, for consideration by the Court
2023-03-10 Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-03-10, (Printed version filed on 2023-03-10) Roland Nikolaus Auer
2023-03-02 Certificate (on limitations to public access), Form 23A Attorney General of Canada
2023-03-02 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-03-08, (Printed version filed on 2023-03-08) Attorney General of Canada
2023-02-07 Correspondence received from, (Letter Form) Roland Nikolaus Auer
2023-01-31 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED: 2023-01-31
2023-01-20 Certificate (on limitations to public access), (Letter Form), Certificate 23A, (Printed version filed on 2023-02-03) Roland Nikolaus Auer
2023-01-20 Application for leave to appeal, (Book Form), Completed on: 2023-01-23, (Printed version filed on 2023-01-23) Roland Nikolaus Auer