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24135

David John Cooper v. Canadian Human Rights Commission

(Federal) (Civil) (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)
1997-07-24 Appeal closed
1997-01-31 Correspondence (sent by the Court) to, sent to Federal Court of Canada enclosing their record
1997-01-10 Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. Ontario (Ottawa)
1997-01-10 Copy of formal judgment being prepared, Canadian Human Rights Commissions (Ottawa, ON)
1997-01-10 Copy of formal judgment being prepared, Fraser & Beatty, (Ottawa, ON)
1996-11-21 Notice of deposit of judgment sent to all parties, Canadian Human Rights Commission
1996-11-21 Notice of deposit of judgment sent to all parties, Fraser & Beatty
1996-11-21 Judgment on the appeal rendered, CJ LaF L'HD So G McL Ia, The appeals are dismissed, L'Heureux-Dubé and McLachlin JJ. dissenting. (heard with 24134)
Dismissed, no order as to costs
1996-06-25 General proceeding, transcripts received and distributed to the judges (111 pages) (joint with 24134)(Hearing on June 18/ 96)
1996-06-18 General proceeding, 12 copies of AIDE MEMOIRE given in Court (joint with 24134) Canadian Human Rights Commission
1996-06-18 Hearing of the appeal, 1996-06-18, CJ LaF L'HD So G McL Ia
Decision reserved
1996-06-17 Correspondence (sent by the Court) to, (by fax) of William F. Pentney to advise the Court that he will be making the reply at the hearing
1996-06-04 Book of authorities, vol. I & II 10 copies (joint with 24134), with service, Completed on: 1996-06-04 Amicus Curiae
1996-06-04 Other factum, 24 copies (joint with 24134), with service, Completed on: 1996-06-04 Amicus Curiae
1996-04-25 Appeal hearing scheduled, 1996-06-18
Decision reserved
1996-04-04 Correspondence (sent by the Court) to, from Andrew Raven; re: please to act as Amicus Curiae
1996-04-03 Correspondence (sent by the Court) to, sent to Andrew J. Raven from A. Roland re: appointment of amicus curiae c.c. David J. Cooper, Noel E. Bell, René Duval, Rhys Davies
1996-04-03 Correspondence (sent by the Court) to, sent to Noel Edwin Bell (Vancouver, BC) enclosing order of appointment of Andrew Raven as amicus curiae, c.c. David J. Cooper, René Duval, Rhys Davies, Andrew Raven, Lynda M. Colley
1996-04-03 Correspondence (sent by the Court) to, sent to René Duval (Ottawa, ON) enclosing order of appointment of Andrew Raven as amicus curiae, c.c. David J. Cooper, Noel Edwin Bell, Rhys Davies and Andrew Raven
1996-04-03 Correspondence (sent by the Court) to, sent to Rhys Davies (Vancouver, BC) enclosing order of appointment of Andrew Raven as amicus curiae, c.c. David J. Cooper, Noel E. Bell, René Duval, Andrew Raven, Ed Van Bemmel
1996-04-03 Correspondence (sent by the Court) to, sent to D.J. Cooper (North Vancouver, BC) enclosing order of appointment of Andrew Raven as amicus curiae, c.c. Noel E. Bell, René Duval, Rhys Davies, Andrew Raven and Lynda M. Colley
1996-04-02 Order on miscellaneous motion, The Court: The above appeals came on for hearing on February 23/96, and, after hearing submissions from counsel for the parties, the Court determined it would be in the interests of justice that an amicus curiae be appointed to make submissions concernin
1996-03-22 Correspondence (sent by the Court) to, from G. Thomson (Justice); re: appointment of counsel
1996-03-15 Proof of service, of the respondent's (Can. Human Rights Commission) factum to Can. Airlines Ltd. (joint with 24134) (service admitted on Dec. 7/95)
1996-03-05 General proceeding, transcripts received (96 pages) (joint with 24134)
1996-02-27 Appeal removed from the list
1996-02-23 Judgment on the appeal rendered, appeal traversed to spring term, amicus curiae to support commission's jurisdiction (SEE CONTINUATION OF HEARING ON JUNE 18/96)
Traversed, no order as to costs
1996-02-23 Hearing of the appeal, 1996-02-23, appeal traversed to spring term, amicus curiae to support commission's jurisdiction (SEE CONTINUATION OF HEARING ON JUNE 18/96)
Adjourned
1996-02-19 Book of authorities, 10 copies (supplementary) (joint with 24134), Completed on: 1996-02-19 Canadian Human Rights Commission
1996-02-16 Correspondence (sent by the Court) to, of Gowlings re: duration of argument
1996-02-12 Correspondence (sent by the Court) to, of D.J. Cooper dated Feb. 8/96 re: hearing of the appeal (joint with 24134)
1996-02-01 Supplemental document, Case on Appeal 24 copies, with service David John Cooper
1996-01-26 Correspondence (sent by the Court) to, from René Duval; re: that himself and Eddie Taylor will be present at the hearing of the appeal
1996-01-26 Book of authorities, 10 copies (joint with 24134), Completed on: 1996-01-26 Canadian Human Rights Commission
1996-01-19 Correspondence (sent by the Court) to, sent to David J. Copper (North Vancouver, BC) from A. Roland to advise that in view of the extensive material filed in this case, he is required to file a condensed book containing the excerpts of the evidence and the authorities that he will be referring
1996-01-11 General proceeding, 1 copy of NOTICE OF DISCONTINUANCE OF THE MOTION FOR DIRECTIONS Canadian Airlines International Ltd.
1996-01-03 Appeal hearing scheduled, 1996-02-23
Adjourned
1996-01-02 Proof of service, for respondent's factum, with service
1995-12-29 Book of authorities, 10 copies of vols. 1 and 2 (joint with 24134) Canadian Airlines International Ltd.
1995-12-29 Other factum, 23 copies - Joint with 24134 Canadian Airlines International Ltd.
1995-12-11 Notice of hearing David John Cooper
1995-12-04 Respondent's factum, 24 copies joint with 24134 Canadian Human Rights Commission
1995-12-01 Correspondence (sent by the Court) to, from D.J. Cooper; re: motion for directions; wish to be heard via teleconference
1995-12-01 Affidavit, re: filing of Canadian Airlines factum; David John Cooper David John Cooper
1995-12-01 Motion for directions, re: filing of Canadian Airlines factum David John Cooper
1995-11-29 Response to motion to extend time, of Davis & Companay re: motion to extend the time to file the Can. Human Rights Commission's factum (letter form - fax copy) - joint with 24134 Canadian Airlines International Ltd.
1995-11-27 Response to motion to extend time, of D. J. Cooper David John Cooper
1995-11-27 Decision on motion to extend time, to file the factum to 48 hours from date of this order, Reg
Granted, no order as to costs
1995-11-27 Hearing of motion to extend time, 1995-11-27, to file the factum to 48 hours from date of this order, Reg
1995-11-27 Submission of motion to extend time, 1995-11-27, to file the factum to 48 hours from date of this order, Reg
1995-11-22 Affidavit, to file the factum; 2 copies; René Duval Canadian Human Rights Commission
1995-11-22 Motion to extend time, to file the factum; 2 copies Canadian Human Rights Commission
1995-11-10 Correspondence (sent by the Court) to, of the Registrar to Mr. René Duval to confirm that it will be necessary for him to file a motion for permission for the late filing of his factum
1995-10-31 Correspondence (sent by the Court) to, (by fax) from René Duval; re: the Commission will file its factum first and Canadian Airline will have 8 weeks from the filing of the Commission's factum (original filed Nov. 2/95)
1995-10-12 Correspondence (sent by the Court) to, from the Registrar addressed to Mr. René Duval; re: filing of factums
1995-10-12 Correspondence (sent by the Court) to, from the Registrar addressed to Mr. Rhys Davies; re: filing of factums
1995-10-12 Correspondence (sent by the Court) to, from the Registrar addressed to Mr. René Duval; re: filing of factums
1995-09-28 Proof of service, of the appellant's factum on Canadian Airlines International (O01) (joint with 24134)
1995-09-15 Correspondence (sent by the Court) to, from Davis & Co. to A. Roland, letter dated Sept. 15/95 - fax copy re: in response to Mr. Duval's letter dated Sept. 14/95 (joint with 24134)
1995-09-14 Decision on the motion for reconsideration of the application for leave to appeal, The application for reconsideration of the application for leave to appeal is dismissed but the applicant, Canadian Airlines International Ltd. is granted party status in the appeals, limited to the issues raised by the other parties., LaF So G
Dismissed, no order as to costs
1995-09-14 Notice of deposit of judgment issued to all parties, Davis & Company (Vancouver, BC)
1995-09-14 Notice of deposit of judgment issued to all parties, Canadian Human Rights Commission (Ottawa, ON)
1995-09-14 Notice of deposit of judgment issued to all parties, Fraser & Beatty (Ottawa, ON)
1995-09-14 Correspondence (sent by the Court) to, from René duval to A. Roland, letter dated Sept. 14/95 re: seeking direction on the procedural implications of the Court's ruling granting party status to Can. Airline (joint with 24134)
1995-06-09 Proof of service, of the Applicant's reply on application for reconsideration (joint with 24134) - book form
1995-06-08 General proceeding, 9 copies of APPLICANT'S REPLY ON THE RECONSIDERATI ON, sent to LaF So Co, June 9/95 Canadian Airlines International Ltd.
1995-06-02 Submission of motion for reconsideration of the application for leave to appeal to panel, LaF So G
1995-05-31 Appeal perfected for hearing, Session beginning on 1996-04-22
1995-05-30 General proceeding, 10 copies of RESPONSE OF THE CANADIAN HUMAN RIGHTS COMMISSION TO THE MOTION FOR RECONSIDERATION (joint with 24134) Canadian Human Rights Commission
1995-05-30 General proceeding, 5 copies of APPELLANT'S RESPONSE TO APPLICATION FOR RECONSIDERATION OF LEAVE TO APPEAL (JOINT WTIH 24134) David John Cooper
1995-05-19 Correspondence (sent by the Court) to, (by fax) from René Duval; re: received a copy of Canadian Airlines' application; do not expect to be in a position to file a written reply until the end of next week (May 26/95)
1995-05-17 $50.00 filing fee for notice of motion, receipt #30039 Canadian Airlines International Ltd.
1995-05-15 Affidavit, 10 copies; of Kimberley G. Thorne (bookform), with service Canadian Airlines International Ltd.
1995-05-15 Motion for reconsideration of the application for leave to appeal, 10 copies (bookform), with service Canadian Airlines International Ltd.
1995-04-05 Book of authorities, 10 copies (joint with 24134), with service David John Cooper
1995-04-05 Appellant's factum, 24 copies (joint with 24134), with service David John Cooper
1995-02-22 Decision on the motion to state a constitutional question, CJ
Dismissed, no order as to costs
1995-02-22 Hearing of the motion to state a constitutional question, 1995-02-22, CJ
1995-02-22 Submission of motion to state a constitutional question, 1995-02-22, CJ
1995-02-15 Certified casebook, 1 copy (joint with 24134) David John Cooper
1995-02-15 Appeal court record, 1 box joint with 24134
1995-02-10 Case on appeal, 24 copies (joint with 24134), with service David John Cooper
1995-02-07 Decision on motion to extend time, to state Constitutional Questions, CJ
Granted, no order as to costs
1995-02-07 Hearing of motion to extend time, 1995-02-07, to state Constitutional Questions, CJ
1995-02-07 Submission of motion to extend time, 1995-02-07, to state Constitutional Questions, CJ
1995-01-18 Motion to state a constitutional question David John Cooper
1995-01-18 Response to motion to extend time, to state constitutional questions Canadian Human Rights Commission
1995-01-18 Affidavit, to state constitutional questions; David John Cooper David John Cooper
1995-01-18 Motion to extend time, to state constitutional questions David John Cooper
1995-01-05 Correspondence (sent by the Court) to, of Claude E. Alain to Mr. Cooper (sent by Priority Post) to confirm the receipt of his letter dated Dec. 7/94 re:the procedure to be followed to state a constitutional question pursuant to Rule 32 (joint with 24134)
1995-01-04 Correspondence (sent by the Court) to, from D. J. Cooper to C. Alain re: Rule 32 (joint with 24134)
1994-11-25 Correspondence (sent by the Court) to, sent to Canadian Human Rights Commission (Ottawa, ON) enclosing copy of Rule 32
1994-11-25 Correspondence (sent by the Court) to, sent to David John Cooper (North Vancouver, BC) enclosing copy of Rule 32
1994-11-10 Notice of appeal, With service David John Cooper
1994-11-09 Order granting leave to appeal
1994-10-14 Notice of deposit of judgment issued to all parties, Canadian Human Rights Commission (Ottawa, ON)
1994-10-14 Notice of deposit of judgment issued to all parties, David J. Cooper (North Vancouver, BC)
1994-10-13 Judgment of the Court on the application for leave to appeal, LaF So G, The application for leave to appeal is granted.
Granted, no order as to costs
1994-07-29 Proof of service, of the applicant's reply
1994-06-02 Correspondence received from, envoyé à David John Cooper (North Vancouver, BC) pour accuser réception des documents introductifs d'instance
1994-05-31 All materials on application for leave submitted to the Judges, LaF So G
1994-05-20 Applicant's reply to respondent's argument, 5 copies David John Cooper
1994-05-20 General proceeding, to note 5 copies of revised p. 147 (Part V) David John Cooper
1994-05-20 Proof of service, of the application for leave to appeal
1994-05-17 $30.00 filing fee, receipt no. 24583 David John Cooper
1994-05-11 Respondent's response on the application for leave to appeal, 5 copies, with service Canadian Human Rights Commission
1994-04-29 Correspondence received from, from D. Cooper re: Cooper and Bell (files nos. 24134 & 24135 are identical) David John Cooper
1994-04-22 Application for leave to appeal, 5 copies (proof of service missing) (TO BE SENT WITH 24134), Completed on: 1994-05-20 David John Cooper

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
Cooper, David John Applicant Active

v.

Main parties - Respondents
Name Role Status
Canadian Human Rights Commission Respondent Active

Other parties

Other parties
Name Role Status
Canadian Airlines International Ltd. Other Active
Amicus Curiae Other Active

Counsel

Party: Cooper, David John

Counsel
D.J. Cooper
701 - 123 EAST KEITH RD
NORTH VANCOUVER, British Columbia
V7L 1V1
Telephone: (604) 985-6589
FAX: (604) 926-5806
Agent
Lynda M. Colley
Fraser Milner Casgrain
1200 - 180 Elgin St
Ottawa, Ontario
K2P 2K7
Telephone: (613) 783-9600
FAX: (613) 563-7800

Party: Canadian Human Rights Commission

Counsel
René Duval
William F. Pentney
Canadian Human Rights Commission
344 Slater St.
Canada Building, 8th Floor
Ottawa, Ontario
K1A 1E1
Telephone: (613) 943-9156
FAX: (613) 993-3089
Email: rene.duval@chrc-ccdp.ca

Party: Canadian Airlines International Ltd.

Counsel
H. Rhys Davies
Davis & Company
2800 Park Place
666 Burrard Street
Vancouver, British Columbia
V6C 2Z7
Telephone: (604) 687-9444
FAX: (604) 687-1612
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: Amicus Curiae

Counsel
Andrew J. Raven
Raven, Jewitt & Allen
1600 - 220 LAURIER AVE W
OTTAWA, Ontario
K1P 5Z9
Telephone: (613) 567-2901
FAX: (613) 238-8507

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.

None.

Lower court rulings

April 16, 1992
Federal Court of Canada, Trial Division

T-148-92

application dismissed

February 25, 1994
Federal Court of Appeal

A-446-92

appeal dismissed

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

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Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

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Webcasts

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Date modified: 2025-05-13