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23621

United Steelworkers of America, Local 9332, et al. v. K. Peter Richard, et al.

(Nova Scotia) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
1995-09-26 Close file on Leave
1995-09-26 Appeal closed
1995-05-16 Correspondence (sent by the Court) to, from John P. Merrick, Q.C.; re: the name of Jocelyn M. Campbell is not appearing on the decision
1995-05-12 Copy of formal judgment being prepared, Noël, Berthiaume
1995-05-12 Copy of formal judgment being prepared, Skoke & Company (Stellarton, NS)
1995-05-12 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1995-05-12 Copy of formal judgment being prepared, Beament, Green, Dust (Ottawa, ON)
1995-05-12 Copy of formal judgment being prepared, Burke-Robertson
1995-05-12 Copy of formal judgment being prepared, Nelligan, Power (Ottawa, ON)
1995-05-12 Copy of formal judgment being prepared, Perley-Robertson, Panet, Hill & McDougall (Ottawa, ON)
1995-05-12 Formal judgment sent to the registrar of the court of appeal and all parties, Nova Scotia (Halifax)
1995-05-04 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed and the order of the Nova Scotia Court of Appeal and the stay of the public hearing of the Westray Inquiry are set aside.
Allowed, no order as to costs
1995-05-04 Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa, ON)
1995-05-04 Notice of deposit of judgment sent to all parties, Skoke & Company (Stellarton, NS)
1995-05-04 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1995-05-04 Notice of deposit of judgment sent to all parties, Beament, Green, Dust (Ottawa, ON)
1995-05-04 Notice of deposit of judgment sent to all parties, Burke-Robertson
1995-05-04 Notice of deposit of judgment sent to all parties, Perley-Robertson, Panet, Hill & McDougall (Ottawa, ON)
1995-05-04 Notice of deposit of judgment sent to all parties, Noël, Berthiaume
1994-06-10 General proceeding, transcripts received and distributed to the judges (301 pages - vol. 1 and 2)
1994-05-31 Hearing of the appeal, 1994-05-31, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1994-05-31 General proceeding, to note 10 copies of the formal C/A order (to be put in Vol. IV of the Case on Appeal United Steelworkers of America, Local 9332
1994-05-30 Book of authorities, 10 copies Westray Families' Group
1994-05-30 General proceeding, 11 copies (AFFIDAVIT OF ROBERT W. WRIGHT, Q.C.) (to be distributed to the judges)
1994-05-27 Correspondence (sent by the Court) to, from Brian Hebert re: enclosing order of argument (fax copy)
1994-05-27 Proof of service, of factum
1994-05-26 Order on motion to file a lengthy factum
1994-05-25 Motion to adduce new evidence, TO BE HEARD WITH THE APPEAL ON MAY 31/94 (10 copies)(bookform), with service United Steelworkers of America, Local 9332
1994-05-25 Correspondence (sent by the Court) to, of Marva J. Smith re:duration of argument
1994-05-24 Affidavit, 10 copies (bookform) TO BE HEARD WITH THE APPEAL ON MAY 31/94, with service United Steelworkers of America, Local 9332
1994-05-20 Book of authorities, 10 copies of vol. 1 to 3 (JOINT) United Steelworkers of America, Local 9332
1994-05-20 Correspondence (sent by the Court) to, (by fax) from Roseanne Skoke; re: will not file a factum; will not be present at the hearing of the appeal
1994-05-19 Proof of service, of factum
1994-05-18 Correspondence (sent by the Court) to, from Gowling re: duration of argument
1994-05-18 Proof of service, of the interveners A.G Saskatchewan and A.G Manito ba facta
1994-05-18 Intervener's factum, 24 copies, with service Attorney General for Ontario
1994-05-17 Correspondence (sent by the Court) to, from Sylvie Roussel re: duration of argument
1994-05-16 Respondent's factum, 24 copies (extension of time requested), with service Westray Families' Group
1994-05-13 Intervener's factum, 24 copies, with service Attorney General of Manitoba
1994-05-13 Intervener's factum, 24 copies, with service Attorney General of Saskatchewan
1994-05-12 Response to the motion to file a lengthy factum, of A.G. Manitoba (32 pages) Town of Stellarton
1994-05-12 Response to the motion to file a lengthy factum, of A.G. Manitoba (32 pages) K. Peter Richard
1994-05-12 Response to the motion to file a lengthy factum, of A.G. Manitoba (32 pages) United Steelworkers of America, Local 9332
1994-05-12 Response to the motion to file a lengthy factum, (32 pages) Gerald J. Phillips
1994-05-12 Response to the motion to file a lengthy factum, of A.G. Manitoba (32 pages) Attorney General of Nova Scotia
1994-05-12 Affidavit, (32 pages) Marva-Jane Smith Attorney General of Manitoba
1994-05-12 Motion to file a lengthy factum, (32 pages) Attorney General of Manitoba
1994-05-12 Decision on motion to file a lengthy factum, of 32 pages and is to be filed by May 13/94, G
Granted, no order as to costs
1994-05-12 Hearing of motion to file a lengthy factum, 1994-05-12, of 32 pages and is to be filed by May 13/94, G
1994-05-12 Submission of motion to file a lengthy factum, 1994-05-12, of 32 pages and is to be filed by May 13/94, G
1994-05-12 General proceeding, 24 copies of revised copies of the appellant's Table of authorities (TO BE DISTRIBUTED TO THE JUDGES) - attached United Steelworkers of America, Local 9332
1994-05-12 Correspondence (sent by the Court) to, from B.. Nicholls re: enclosing 24 revised copies of the appellant's Table of Authorities (attached)
1994-05-12 Intervener's factum, 24 copies, with service Attorney General of British Columbia
1994-05-12 Intervener's factum, 24 copies Attorney General of Quebec
1994-05-10 Proof of service, of factum
1994-05-09 Order on motion for leave to intervene, (together with motion to extend time)
1994-05-09 Correspondence (sent by the Court) to, from Beament, Green re: names of counsel appearing at the appeal for A.G.N.S.
1994-05-06 Proof of service, of the respondent's factum on A.G. Québec
1994-05-06 Proof of service, of the respondent's factum on A.G. Québec
1994-05-05 General proceeding, 10 copies of AN ACT RESPECTING THE REGULATION OF COAL MINES
1994-05-05 Respondent's factum, 24 copies, with service Glynn Jones
1994-05-05 Respondent's factum, 24 copies, with service Roger Parry
1994-05-05 Respondent's factum, 24 copies, with service Attorney General of Nova Scotia
1994-04-29 Correspondence (sent by the Court) to, from Henry Brown to M. Edwards re: A.G. Sask. and A.G. Man. will consent only if 1 or 2 additional business days will be given to review the material filed by G. Phillips et al (fax copy)
1994-04-29 Order on motion for leave to intervene
1994-04-27 Appeal hearing scheduled, 1994-05-31
Decision reserved
1994-04-26 Correspondence (sent by the Court) to, (by fax) from Nelligan, Power; re: will make every effort to file the factum by May 5/94
1994-04-22 Decision on the motion for leave to intervene, oral argument is limited to 20 minutes, Reg
Granted, no order as to costs
1994-04-22 Hearing of motion for leave to intervene, 1994-04-22, oral argument is limited to 20 minutes, Reg
1994-04-22 Submission of motion for leave to intervene, 1994-04-22, oral argument is limited to 20 minutes, Reg
1994-04-22 Order on motion for leave to intervene
1994-04-21 Response to the motion for leave to intervene, of A.G. Manitoba Attorney General of Nova Scotia
1994-04-21 Correspondence (sent by the Court) to, (by fax) of Ed. Van Bemmel (Gowling) to advise the Court that the Westray Families Group does not oppose the intervention of the A.G. of Manitoba
1994-04-21 Correspondence (sent by the Court) to, (by fax) from Barbara J. Nicholls; re: consents to the intervention of A.G. Manitoba
1994-04-21 Correspondence (sent by the Court) to, (by fax) from Barbara J. Nicholls; re: consents to the intervention of A.G. Manitoba
1994-04-20 Correspondence (sent by the Court) to, from Henry Brown re: Mark Edwards will consent to the intervention by A.G. Manitoba on the condition that the A.G.'s Manitoba factum be filed on May 13, 1994 (fax copy)
1994-04-19 Affidavit, (of Marva-Jane Smith) Attorney General of Manitoba
1994-04-19 Motion for leave to intervene, (by fax) Attorney General of Manitoba
1994-04-19 Correspondence (sent by the Court) to, from Barbara Nicholls re: duration of argument
1994-04-19 Decision on the motion for leave to intervene, oral argument is limited to 20 minutes, Ia
Granted, no order as to costs
1994-04-19 Hearing of motion for leave to intervene, 1994-04-19, oral argument is limited to 20 minutes, Ia
1994-04-19 Submission of motion for leave to intervene, 1994-04-19, oral argument is limited to 20 minutes, Ia
1994-04-19 Decision on the motion for leave to intervene, oral argument is limited to 15 minutes, Ia
Granted, no order as to costs
1994-04-19 Hearing of motion for leave to intervene, 1994-04-19, oral argument is limited to 15 minutes, Ia
1994-04-19 Submission of motion for leave to intervene, 1994-04-19, oral argument is limited to 15 minutes, Ia
1994-04-19 Decision on the motion for leave to intervene, oral argument is limited to 15 minutes, Ia
Granted, no order as to costs
1994-04-19 Hearing of motion for leave to intervene, 1994-04-19, oral argument is limited to 15 minutes, Ia
1994-04-19 Submission of motion for leave to intervene, 1994-04-19, oral argument is limited to 15 minutes, Ia
1994-04-18 Correspondence (sent by the Court) to, (by fax) from Nelligan, Power; re: opposes the intervention by A.G. Quebec (originial received April 19, 1994)
1994-04-18 Correspondence (sent by the Court) to, (by fax) from Nelligan, Power; re: does not oppose the interventions of A.G. Saskatchewan and A.G. Ontario on condition
1994-04-15 Response to the motion for leave to intervene, of the A.G. of Saskatchewan (I04) (by fax-letterfo rm) (original received April 19, 1994) United Steelworkers of America, Local 9332
1994-04-15 Response to the motion for leave to intervene, of the A.G. of Ontario (I03) (by fax-letterform) (original received April 19, 1994) United Steelworkers of America, Local 9332
1994-04-15 Response to the motion for leave to intervene, of the A.G. of Quebec (I02) (by fax-letterform) (original received April 19, 1994) United Steelworkers of America, Local 9332
1994-04-15 Response to the motion for leave to intervene, of the A.G. Ontario (original received April 19, 1994) Attorney General of Nova Scotia
1994-04-15 Response to the motion for leave to intervene, of the A.G. Saskatchewan (original received April 19, 1994) Attorney General of Nova Scotia
1994-04-15 Response to the motion for leave to intervene, of the A.G. Quebec Attorney General of Nova Scotia
1994-04-14 Proof of service, of the notice of intervention
1994-04-14 Response to the motion for leave to intervene, of the Attorney General of Quebec (Beament, Green, Dust) Attorney General of Nova Scotia
1994-04-13 Response to the motion for leave to intervene, (Gowling, Strathy not opposing to the Quebec's intervention) - fax copy Westray Families' Group
1994-04-13 Affidavit, to file the motion to intervene (joint with the motion to intervene) - J. L. Naster, with service Attorney General for Ontario
1994-04-13 Motion to extend time, to file the motion to intervene to April 13, 1994 (joint with the motion to intervene), with service Attorney General for Ontario
1994-04-13 Affidavit, (1 copy) (J. L. Naster), with service Attorney General for Ontario
1994-04-13 Motion for leave to intervene, (1 copy), with service Attorney General for Ontario
1994-04-13 Affidavit, 1 copy (Graeme George Mitchell), with service Attorney General of Saskatchewan
1994-04-13 Motion for leave to intervene, 1 copy (extension of time requested), with service Attorney General of Saskatchewan
1994-04-07 Affidavit, to file the motion to intervene (Gilles Laporte) 1 copy Attorney General of Quebec
1994-04-07 Affidavit, (Gilles Laporte) - 1 copy Attorney General of Quebec
1994-04-07 Motion to extend time, to file a motion to intervene to April 7, 1994 (1 copy) Attorney General of Quebec
1994-04-07 Motion for leave to intervene, (1 copy) Attorney General of Quebec
1994-03-24 Decision on motion to extend time, to apply for leave to intervene, McL
Granted, no order as to costs
1994-03-24 Hearing of motion to extend time, 1994-03-24, to apply for leave to intervene, McL
1994-03-24 Submission of motion to extend time, 1994-03-24, to apply for leave to intervene, McL
1994-03-24 Decision on the motion for leave to intervene, the A.G. of B.C. may file a factum, not exceeding twenty pages, on or before May 13/94. Further, the A.G. for B.C. may, at the hearing of the appeal, present oral argument limited to twenty minutes., McL
Granted, no order as to costs
1994-03-24 Hearing of motion for leave to intervene, 1994-03-24, the A.G. of B.C. may file a factum, not exceeding twenty pages, on or before May 13/94. Further, the A.G. for B.C. may, at the hearing of the appeal, present oral argument limited to twenty minutes., McL
1994-03-24 Submission of motion for leave to intervene, 1994-03-24, the A.G. of B.C. may file a factum, not exceeding twenty pages, on or before May 13/94. Further, the A.G. for B.C. may, at the hearing of the appeal, present oral argument limited to twenty minutes., McL
1994-03-23 Response to the motion for leave to intervene, of the Attorney General of British Columbia Attorney General of Nova Scotia
1994-03-18 Correspondence (sent by the Court) to, from Gowling re: DOES NOT OPPOSE THE MOTION FOR LEAVE TO INTERVENE OF A.G.B.C. (letter form)
1994-03-18 Affidavit, (OPPOSING TO THE MOTION TO INTERVENE OF A.G.B.C.) 2 copies (Robert L. Barnes), with service Glynn Jones
1994-03-17 Motion for leave to intervene, With service Attorney General of British Columbia
1994-03-16 General proceeding, not opposing the motion for leave to intervene of A.G. B.C. Town of Stellarton
1994-03-15 Proof of service, of motion for leave to intervene
1994-03-11 Appellant's factum, 24 copies, with service K. Peter Richard
1994-03-10 Appellant's factum, 24 copies, with service United Steelworkers of America, Local 9332
1994-03-09 Response to motion to extend time, for the Attorney General of British Columbia for leave to intervene K. Peter Richard
1994-03-09 Response to motion to extend time, for the Attorney General of British Columbia for leave to intervene United Steelworkers of America, Local 9332
1994-03-01 Appeal perfected for hearing, Session beginning on 1994-04-25
1994-02-25 Affidavit, to apply for leave to intervene; George H. Copley, with service Attorney General of British Columbia
1994-02-25 Motion to extend time, to apply for leave to intervene, with service Attorney General of British Columbia
1994-02-25 Affidavit, George H. Copley, with service Attorney General of British Columbia
1994-02-24 Certified casebook, 1 copy of vols. 1 to 4, with service United Steelworkers of America, Local 9332
1994-02-22 Case on appeal, 23 copies of vol. 1 to 4 (see order dated Jan. 26, 1994) United Steelworkers of America, Local 9332
1994-01-26 Order on motion to expedite the appeal
1994-01-26 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, is heard and the following ordered: IT IS ORDERED THAT the Motion to abridge and set the times for filing the Case on Appeal and the Factums for this appeal and to set the date for hearing this appeal is granted.; IT IS FURTHER ORDERED THAT the Appellants shall file the Case on Appeal and their Factums on or before March 10/94; IT IS FURTHER ORDERED THAT the Respondents shall file their Factums on or before May 5/94; IT IS FURTHER ORDERED THAT the hearing of this appeal shall be held on May 24/94
Granted, no order as to costs
1994-01-26 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-01-26
1994-01-26 Hearing of motion to expedite the appeal, 1994-01-26
1994-01-26 Submission of motion to expedite the appeal, 1994-01-26
1994-01-25 Order on motion to adduce new evidence
1994-01-21 Decision on motion to adduce new evidence, L'HD
Granted, no order as to costs
1994-01-21 Hearing of the motion to adduce new evidence, 1994-01-21, L'HD
1994-01-21 Submission of motion to adduce new evidence, 1994-01-21, L'HD
1994-01-18 Correspondence (sent by the Court) to, from Philip Rafuse re: not opposing to the motion to add new evidence (fax copy)
1994-01-18 Order granting leave to appeal
1994-01-14 Correspondence (sent by the Court) to, of Mr. Reinhold M. Endres (A.G. Nova Scotia) re application of Rule 32. He anticipates that this issue will be addressed in a timely fashion.
1994-01-12 Correspondence received from, from Robert L. Barnes re: not opposing to the motion to adduce new evidence (fax letter) Glynn Jones
1994-01-11 Response to the motion to adduce new evidence, of S. Bruce Outhouse, counsel of G. J. Phillips (affidavit of Raymond F. Larkin be added into the case on appeal) (fax copy) Gerald J. Phillips
1994-01-11 Response to the motion to adduce new evidence, from Barbara J. Nicholls (fax copy) K. Peter Richard
1994-01-11 Correspondence (sent by the Court) to, from Gowling, Strathy re: not opposing to the motion to introduce fresh evidence
1994-01-11 Correspondence (sent by the Court) to, from Beament, Green re: not opposing to the motion to introduce fresh evidence
1993-12-23 Affidavit, With service K. Peter Richard
1993-12-21 Correspondence (sent by the Court) to, sent to Skoke & Company (Stellarton, NS) enclosing copy of Rule 32
1993-12-21 Correspondence (sent by the Court) to, sent to Ross, Barrett & Scott (Halifax, NS) enclosing copy of Rule 32
1993-12-21 Correspondence (sent by the Court) to, sent to Department of Attorney General (Halifax, NS) enclosing copy of Rule 32
1993-12-21 Correspondence (sent by the Court) to, sent to Burchell, MacAdam & Hayman (Halifax, NS) enclosing copy of Rule 32
1993-12-21 Correspondence (sent by the Court) to, sent to Daley, Black & Moreira (Halifax, NS) enclosing copy of Rule 32
1993-12-21 Correspondence (sent by the Court) to, sent to Flinn, Merrick (Halifax, NS) enclosing copy of Rule 32
1993-12-21 Correspondence (sent by the Court) to, sent to Pink, Breen, Larkin (Halifax, NS)
1993-12-21 Correspondence (sent by the Court) to, sent to Blois, Nickerson & Bryson (Halifax, NS) enclosing copy of Rule 32
1993-12-20 Notice of deposit of security, (1 copy), with service
1993-12-20 $500 security deposit paid, receipt no. 2293 K. Peter Richard
1993-12-20 Notice of deposit of security, (1 copy), with service
1993-12-20 $500 security deposit paid, (receipt no. 2294) United Steelworkers of America, Local 9332
1993-12-20 Affidavit, 2 copies; Raymond F. Larkin, Q.C., with service United Steelworkers of America, Local 9332
1993-12-20 Motion to adduce new evidence, 2 copies, with service United Steelworkers of America, Local 9332
1993-12-20 Notice of appeal, With service United Steelworkers of America, Local 9332
1993-12-17 General proceeding, 2 copies of factum in support of the motion for a special place on the list, with service United Steelworkers of America, Local 9332
1993-12-17 Affidavit, 2 copies; Jocelyn M. Campbell, with service K. Peter Richard
1993-12-17 Motion to expedite the appeal, 2 copies, with service K. Peter Richard
1993-12-17 Notice of appeal, With service K. Peter Richard
1993-12-10 Correspondence received from, sent to Nelligan, Power (Ottawa, ON) enclosing copy of revised formal pronouncement
1993-12-10 Correspondence received from, sent to Beament, Green, Dust (Ottawa, ON) enclosing copy of revised formal pronouncement
1993-12-10 Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) enclosing copy of revised formal pronouncement
1993-12-10 Correspondence received from, sent to Skoke & Company (Stellarton, NS) enclosing revised formal pronouncement
1993-12-10 Correspondence received from, sent to Pink, Breen, Larkin (Halifax, NS) enclosing revised formal pronouncement
1993-12-10 Correspondence received from, sent to Flinn, Merrick (Halifax, NS) enclosing revised formal pronouncement
1993-12-09 Judgment of the Court on the application for leave to appeal, CJ McL Ma, The applications for leave to appeal are granted. The application for leave to cross-appeal is dismissed.
Granted, no order as to costs
1993-12-09 Hearing of the application for leave to appeal, 1993-12-09, CJ McL Ma
1993-12-09 All materials on application for leave submitted to the Judges, 1993-12-09, CJ McL Ma
1993-12-09 Notice of deposit of judgment issued to all parties, Flinn, Merrick (Halifax, NS)
1993-12-09 Notice of deposit of judgment issued to all parties, Pink, Breen, Larkin (Halifax, NS)
1993-12-09 Notice of deposit of judgment issued to all parties, Nelligan, Power (Ottawa, ON)
1993-12-09 Notice of deposit of judgment issued to all parties, Beament, Green, Dust (Ottawa, ON)
1993-12-09 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1993-12-09 Notice of deposit of judgment issued to all parties, Skoke & Company (Stellarton, NS)
1993-10-27 Proof of service, 1 copy of response, with service
1993-10-05 Correspondence received from, (by fax) from John P. Merrick; re: does not intend to file a reply; acknowledge receipt of the respnose of Westray Families' Group K. Peter Richard
1993-10-04 Proof of service, of response
1993-10-01 Correspondence received from, sent to Westray Mine Public Inquiry (Halifax, NS) from A. Roland re: receipt of letter of Sept 27/93
1993-09-30 Correspondence received from, from John P. Merrick, re: does not intend either a reply to the responses nor a response to the application for leave to cross-appeal sent to CJ McL Ma, Sept. 29/93 K. Peter Richard
1993-09-30 General proceeding, 5 copies of RESPONSE to the application for leave to cross-appeal sent to CJ McL Ma, Oct. 7/93, with service Attorney General of Nova Scotia
1993-09-28 All materials on application for leave submitted to the Judges, CJ McL Ma
1993-09-27 Respondent's response on the application for leave to appeal, 5 copies (joint with response for leave to cross- appeal) sent to CJ McL Ma, Sept. 29/93 Westray Families' Group
1993-09-24 Proof of service, of Darlene C. Wilson of the response of A.G. Nova Scotia
1993-09-23 Correspondence received from, of Brian A. Crane re: Westray Families's Group will be filing a response shortly (fax copy) (original received on Sept. 27, 1993)
1993-09-23 Proof of service, of the response to the application for leave to appeal and the application for leave to cross- appeal
1993-09-20 Correspondence received from, of Roseanne M. Skoke (Skoke and Company) to advise the Court that the Town of Stellarton will not be making any representation dealing with the application for leave to appeal Town of Stellarton
1993-09-20 Respondent's response on the application for leave to appeal, 5 copies sent to CJ McL Ma, Oct. 1/93, with service Attorney General of Nova Scotia
1993-09-17 Memorandum of argument in response to the cross-appeal, 5 copies (joint with applicant's reply), with service United Steelworkers of America, Local 9332
1993-09-17 Applicant's reply to respondent's argument, 5 copies (joint with response on cross-appeal), with service United Steelworkers of America, Local 9332
1993-09-13 Application for leave to cross-appeal, 5 copies (JOINT with respondent's response) Gerald J. Phillips
1993-09-13 Respondent's response on the application for leave to appeal, 5 copies (JOINT with application for leave to Cross-Appeal) Gerald J. Phillips
1993-09-02 Correspondence received from, sent to John P. Merrick (Halifax, NS) from A. Roland re: receipt of letter dated Aug. 26/93
1993-09-01 Correspondence received from, from Brian J. Hebert; re: neither supports nor opposes the leave applications and will not be filing responses; if a hearing is requested and if leave is granted we intend to participate (original filed on Sept. 7, 1993) Westray Families' Group
1993-08-31 Correspondence received from, from John P. Merrick re: requesting an oral hearing for the application for leave to appeal (THIS LETTER HAS TO BE SENT TO THE JUDGES WITH THE APPLICATION FOR LEAVE TO APPEAL)
1993-08-30 Correspondence received from, from Robert L. Barnes re: they have until Sept. 14, 1993 to file a response to the application for leave to appeal
1993-08-30 Correspondence received from, from J.J.Mark Edwards Re: will file a response to the application for leve to appeal and an application for leave to cross-appeal
1993-07-21 Order on motion to extend the time to file and/or serve the leave application
1993-07-20 Correspondence received from, sent to Pink, Breen, Larkin (Halifax, NS) enclosing receipt for $30.00 filing fee
1993-07-19 $30.00 filing fee, receipt #27340 (FILED ON BEHALF OF PETER RICHARD) United Steelworkers of America, Local 9332
1993-06-28 Application for leave to appeal, 5 copies, with service, Completed on: 1993-06-28 K. Peter Richard
1993-06-25 Correspondence received from, from Pink, Breen; re: corrected cover citing the correct section 40 of the Act United Steelworkers of America, Local 9332
1993-06-22 Correspondence received from, from Roseanne M. Skoke; re: consent to the extension of time for the leave application Town of Stellarton
1993-06-18 $30.00 filing fee, receipt #27232 United Steelworkers of America, Local 9332
1993-06-18 Decision on motion to extend time to file and /or serve the leave application, McL, to June 28, the respondents (G.J Phillips, R Parry G. Jones, A. Smith, R.Parry, B. Palmer, Kevin Atherton shall have costs on this motion on a solicitor client basis. The question of costs on the application for leave to appeal shall be left to the panel considering the application for leave to appeal.
Granted, no order as to costs
1993-06-18 Hearing of motion to extend time to file and/ or serve the leave application, 1993-06-18, McL
1993-06-18 Submission of motion to extend time to file and/ or serve the leave application, 1993-06-18, McL
1993-06-17 Proof of service, of the affidavit of Robert L. Barnes
1993-06-17 Affidavit, of John P. Merrick, Q.C. (Westray Mine Public Inquiry), with service K. Peter Richard
1993-06-16 Proof of service, of the affidavits of Robert W. Wright, S. Bruce Outhouse, Q.C. and Robert L. Barnes
1993-06-16 Affidavit, of Robert W. Wright to oppose the motion to extend time for leave to appeal Roger Parry
1993-06-16 Affidavit, of S. Bruce Outhouse, Q.C. to oppose the motion to exten time for leave to appeal Gerald J. Phillips
1993-06-16 Affidavit, to oppose the motion to extend time for leave to appeal (of Robert L. Barnes) Glynn Jones
1993-06-16 Affidavit, of Raymond F. Larkin, Q.C. along with an order of the Ont. Court of Appeal in Curragh Inc. (5 copies), with service United Steelworkers of America, Local 9332
1993-06-15 Correspondence received from, from Westray Mine Public Inquiry; re: supporting the extension of time (by fax) (ORIGINAL FILED JUNE 17, 1993)
1993-06-11 Application for leave to appeal, 5 copies (missing $30), with service, Incomplete United Steelworkers of America, Local 9332
1993-06-11 Affidavit, to June 11/93; 2 copies; Raymond F. Larkin, Q.C., with service United Steelworkers of America, Local 9332
1993-06-11 Motion to extend the time to file and or serve the application for leave to appeal, to June 11/93; 2 copies, with service United Steelworkers of America, Local 9332

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
United Steelworkers of America, Local 9332 Applicant Active

v.

Main parties - Respondents
Name Role Status
Richard, K. Peter Respondent Active
Phillips, Gerald J. Respondent Active
Parry, Roger Respondent Active
Jones, Glynn Respondent Active
Smith, Arnold Respondent Active
Parry, Robert Respondent Active
Palmer, Brian Respondent Active
Atherton, Kevin Respondent Active
Attorney General of Nova Scotia Respondent Active
Westray Families' Group Respondent Active
Town of Stellarton Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Richard, K. Peter Applicant Active

v.

Sub parties (1) - Respondents
Name Role Status
United Steelworkers of America, Local 9332 Respondent Active
Philips, Gerald J. Respondent Active
Parry, Roger Respondent Active
Jones, Glynn Respondent Active
Smith, Arnold Respondent Active
Parry, Robert Respondent Active
Palmer, Brian Respondent Active
Atherton, Kevin Respondent Active
Attorney General of Nova Scotia, representing Her Majesty the Queen in the Right of Nova Scotia Respondent Active
Westray Families' Group Respondent Active
Town of Stellarton Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of British Columbia Intervener Active
Attorney General of Quebec Intervener Active
Attorney General of Saskatchewan Intervener Active
Attorney General for Ontario Intervener Active
Attorney General of Manitoba Intervener Active

Counsel

Party: United Steelworkers of America, Local 9332

Counsel
Raymond F. Larkin, Q.C.
Pink, Breen, Larkin
400 - 1583 Hollis Street
P.O. Box 160
Halifax, Nova Scotia
B3J 2M4
Telephone: (902) 423-7777
FAX: (902) 423-9588
Agent
Barbara J. Nicholls
Perley-Robertson, Hill & McDougall
400 - 90 Sparks St
Ottawa, Ontario
K1P 1E2
Telephone: (613) 238-2022
FAX: (613) 238-8775

Party: Richard, K. Peter

Counsel
John P. Merrick, Q.C.
MacInnes, Wilson, Flinn, Wickwire
2100 - 1801 HOLLIS ST
PO BOX 1054
HALIFAX, Nova Scotia
B3J 2X6
Telephone: (902) 429-4111
FAX: (902) 429-8215
Agent
Barbara J. Nicholls
Perley-Robertson, Hill & McDougall
400 - 90 Sparks St
Ottawa, Ontario
K1P 1E2
Telephone: (613) 238-2022
FAX: (613) 238-8775

Party: Phillips, Gerald J.

Counsel
S. Bruce Outhouse, Q.C.
Blois, Nickerson & Bryson
500 - 1568 Hollis Street
P.O. Box 2147, Stn. Central
Halifax, Nova Scotia
B3J 3B7
Telephone: (902) 425-6000
FAX: (902) 429-7347
Email: bouthouse@bloisnickerson.com
Agent
J.J. Mark Edwards
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Parry, Roger

Counsel
Robert W. Wright, Q.C.
Daley, Black & Moreira
400 - 1791 BARRINGTON ST
PO BOX 355 STN CENTRAL RPO
HALIFAX, Nova Scotia
B3J 2N7
Telephone: (902) 423-7211
FAX: (902) 420-1744
Agent
J.J. Mark Edwards
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Jones, Glynn

Counsel
Robert L. Barnes
Burchell, Macadam & Hayman
1800 - 1801 HOLLIS ST
PO BOX 36
HALIFAX, Nova Scotia
B3J 2L4
Telephone: (902) 423-6361
FAX: (902) 420-9326
Agent
J.J. Mark Edwards
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Smith, Arnold

Counsel
Robert L. Barnes
Burchell, Macadam & Hayman
1800 - 1801 HOLLIS ST
PO BOX 36
HALIFAX, Nova Scotia
B3J 2L4
Telephone: (902) 423-6361
FAX: (902) 420-9326
Agent
J.J. Mark Edwards
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Parry, Robert

Counsel
Robert L. Barnes
Burchell, Macadam & Hayman
1800 - 1801 HOLLIS ST
PO BOX 36
HALIFAX, Nova Scotia
B3J 2L4
Telephone: (902) 423-6361
FAX: (902) 420-9326
Agent
J.J. Mark Edwards
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Palmer, Brian

Counsel
Robert L. Barnes
Burchell, Macadam & Hayman
1800 - 1801 HOLLIS ST
PO BOX 36
HALIFAX, Nova Scotia
B3J 2L4
Telephone: (902) 423-6361
FAX: (902) 420-9326
Agent
J.J. Mark Edwards
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Atherton, Kevin

Counsel
Robert L. Barnes
Burchell, Macadam & Hayman
1800 - 1801 HOLLIS ST
PO BOX 36
HALIFAX, Nova Scotia
B3J 2L4
Telephone: (902) 423-6361
FAX: (902) 420-9326
Agent
J.J. Mark Edwards
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Attorney General of Nova Scotia

Counsel
Reinhold Endres, Q.C.
Attorney General of Nova Scotia
515 Terminal Road
P.O. Box 7
Halifax, Nova Scotia
B3J 2L6
Telephone: (902) 424-5896
FAX: (902) 424-1730
Agent
Stephen J. Grace
Beament, Green, Dust
47 Clarence St
Suite 204
Ottawa, Ontario
K1N 9K1
Telephone: (613) 241-3400
FAX: (613) 241-8555

Party: Westray Families' Group

Counsel
Tony Ross
Ross, Wood & Scott
602 - 2695 Dutch Village Rd
Halifax, Nova Scotia
B3L 4M6
Telephone: (902) 455-9090
FAX: (902) 455-1993
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Town of Stellarton

Counsel
Roseanne M. Skoke
Skoke & Company
286 FOORD ST
PO BOX 850
STELLARTON, Nova Scotia
B0K 1S0
Telephone: (902) 755-5711
FAX: (902) 752-6561

Party: Philips, Gerald J.

Counsel
S. Bruce Outhouse, Q.C.
Blois, Nickerson & Bryson
500 - 1568 Hollis Street
P.O. Box 2147, Stn. Central
Halifax, Nova Scotia
B3J 3B7
Telephone: (902) 425-6000
FAX: (902) 429-7347
Email: bouthouse@bloisnickerson.com
Agent
J.J. Mark Edwards
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Attorney General of Nova Scotia, representing Her Majesty the Queen in the Right of Nova Scotia

Counsel
Reinhold Endres, Q.C.
Attorney General of Nova Scotia
515 Terminal Road
P.O. Box 7
Halifax, Nova Scotia
B3J 2L6
Telephone: (902) 424-5896
FAX: (902) 424-1730
Agent
Stephen J. Grace
Beament, Green, Dust
47 Clarence St
Suite 204
Ottawa, Ontario
K1N 9K1
Telephone: (613) 241-3400
FAX: (613) 241-8555

Party: Attorney General of British Columbia

Counsel
George H. Copley, Q.C.
Attorney General of British Columbia
P.O. Box 9280 Stn. Prov. Govt.
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8400
FAX: (250) 356-9154
Agent
W.G. Burke-Robertson, Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General of Quebec

Counsel
Gilles Laporte
Monique Rousseau
Procureur général du Québec
1200 Rte de l'Église
2e Étage
Ste-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: glaporte@justice.gouv.qc.ca
Agent
Sylvie Roussel
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Attorney General of Saskatchewan

Counsel
Ross MacNab
Attorney General for Saskatchewan
1874 SCARTH ST 10TH FL
PO BOX 7129
REGINA, Saskatchewan
S4P 3V7
Telephone: (306) 787-7846
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General for Ontario

Counsel
Jay L. Naster
Attorney General for Ontario
720 BAY ST
10TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4606
FAX: (416) 326-4656
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General of Manitoba

Counsel
Marva J. Smith, Q.C.
Attorney General of Manitoba
715 - 405 Broadway Avenue
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-0679
FAX: (204) 945-0053
Agent
Henry S. Brown, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com

Summary

Keywords

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Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

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Lower court rulings

December 3, 1992
Supreme Court of Nova Scotia, Trial Division

S.H. 83851

application is dismissed

January 19, 1993
Nova Scotia Court of Appeal

02775

appeal is allowed

Memorandums of argument on application for leave to appeal

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Date modified: 2025-05-13