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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.
| 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
| Name | Role | Status |
|---|---|---|
| Cooper, David John | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canadian Human Rights Commission | Respondent | Active |
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
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
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
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
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
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
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
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
Federal Court of Canada, Trial Division
T-148-92
application dismissed
February 25, 1994
Federal Court of Appeal
A-446-92
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.
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Date modified: 2025-05-13