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24342

Battlefords and District Co-Operative Ltd. v. Betty-Lu Clara Gibbs, et al.

(Saskatchewan) (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)
1996-09-24 Appeal closed
1996-06-18 Record returned to the Registrar of the Court of Appeal, (1 box)
1996-06-17 Formal judgment sent to the registrar of the court of appeal and all parties, Saskatchewan (Regina)
1996-06-17 Copy of formal judgment being prepared, Public Interest Advocacy Center (Ottawa, ON)
1996-06-17 Copy of formal judgment being prepared, Canadian Human Rights Commission (Ottawa, ON)
1996-06-17 Copy of formal judgment being prepared, Nelligan, Power
1996-06-17 Copy of formal judgment being prepared, Gowling, Strathy & Henderson
1996-06-17 Copy of formal judgment being prepared, Burke-Robertson
1996-05-14 General proceeding, transcripts received and distributed to the judges (20 pages)
1996-05-01 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma
Dismissed, no order as to costs
1996-05-01 Hearing of the appeal, 1996-05-01, CJ LaF L'HD So G Co McL Ia Ma
1996-04-26 Book of authorities, 10 copies, Completed on: 1996-04-26 Canadian Human Rights Commission
1996-04-24 Correspondence (sent by the Court) to, from MacPherson, Leslie re: duration of argument
1996-04-23 Correspondence (sent by the Court) to, from B. C. Public interest Advocacy re: duration of argument (fax copy) (original received on April 26, 1996)
1996-04-19 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1996-04-18 Book of authorities, 10 copies, Completed on: 1996-04-18 Council of Canadians With Disabilities
1996-04-17 Correspondence (sent by the Court) to, from Burke-Robertson re: duration of argument
1996-04-17 Decision on motion to extend time, to file the factum to Mar 28/96, Reg
Granted, no order as to costs
1996-04-17 Hearing of motion to extend time, 1996-04-17, to file the factum to Mar 28/96, Reg
1996-04-17 Submission of motion to extend time, 1996-04-17, to file the factum to Mar 28/96, Reg
1996-04-16 Response to motion to extend time, to file the intervener, Ontario Human Rights Commission, factum to March 28/96 - including the consent of the respondent, Completed on: 1996-04-16 Battlefords and District Co-Operative Ltd.
1996-04-11 Affidavit, of M. David Leppofsky re: motion to extend the time to file the intervener's factum, with service Ontario Human Rights Commission
1996-04-11 $50.00 filing fee for notice of motion, receipt no. 31882 Ontario Human Rights Commission
1996-04-11 Motion to extend time, to file the intervener's factum to March 28/96, with service, Completed on: 1996-04-11 Ontario Human Rights Commission
1996-04-10 Intervener's factum, 24 copies, Completed on: 1996-04-10 Council of Canadians With Disabilities
1996-04-04 Intervener's factum, 24 copies (see order of Reg. of March 21/96), with service, Completed on: 1996-04-04 Canadian Human Rights Commission
1996-04-04 Book of authorities, 10 copies, with service, Completed on: 1996-04-04 Canadian Mental Health Association
1996-04-03 Book of authorities, 10 copies, with service, Completed on: 1996-04-03 Betty-Lu Clara Gibbs
1996-03-29 Intervener's factum, 24 copies, with service, Completed on: 1996-03-29 Canadian Mental Health Association
1996-03-28 Appeal hearing scheduled, 1996-05-01
1996-03-28 Intervener's factum, 24 copies (extension of time requested), with service, Completed on: 1996-03-28 Ontario Human Rights Commission
1996-03-21 Response to motion to extend time, to file the Canadian Human Rights Commission's factum to April 4/96, Completed on: 1996-03-21 Battlefords and District Co-Operative Ltd.
1996-03-21 Order on motion to extend time, to file the factum
1996-03-21 Decision on motion to extend time, to file the factum to April 4/96, Reg
Granted, no order as to costs
1996-03-21 Hearing of motion to extend time, 1996-03-21, to file the factum to April 4/96, Reg
1996-03-21 Submission of motion to extend time, 1996-03-21, to file the factum to April 4/96, Reg
1996-03-20 Correspondence (sent by the Court) to, (by fax) dated March 20/96 from Carolyn McCool re: intervener status
1996-03-14 Response to motion to extend time, of Gowling, Strathy re: motion to file the Can. Human Rights' factum to April 4/96 (letter form), Completed on: 1996-03-14 Betty-Lu Clara Gibbs
1996-03-14 Decision on the motion for leave to intervene, - Order will go granting the applicant intervener status on the same terms and conditions as applied to the Canadian Disability Rights Council which is withdrawing as an intervener, Co
Granted, no order as to costs
1996-03-14 Hearing of motion for leave to intervene, 1996-03-14, - Order will go granting the applicant intervener status on the same terms and conditions as applied to the Canadian Disability Rights Council which is withdrawing as an intervener, Co
1996-03-14 Submission of motion for leave to intervene, 1996-03-14, - Order will go granting the applicant intervener status on the same terms and conditions as applied to the Canadian Disability Rights Council which is withdrawing as an intervener, Co
1996-03-12 Affidavit, Laurie Beachell Council of Canadians With Disabilities
1996-03-12 $50.00 filing fee for notice of motion, receipt #31707 Council of Canadians With Disabilities
1996-03-12 Motion for leave to intervene, Completed on: 1996-03-12 Council of Canadians With Disabilities
1996-03-12 Motion to extend time, for leave to intervene, Completed on: 1996-03-12 Council of Canadians With Disabilities
1996-03-12 Notice of withdrawal, (by fax) (original filed March 21/96) Canadian Disability Rights Council
1996-03-11 Affidavit, to file the factum to April 4/96; William Pentney Canadian Human Rights Commission
1996-03-11 $50.00 filing fee for notice of motion, receipt #31699 Canadian Human Rights Commission
1996-03-11 Motion to extend time, to file the factum to April 4/96, Completed on: 1996-03-11 Canadian Human Rights Commission
1996-03-07 Order on motion to extend time, to file the factum
1996-03-07 Decision on motion to extend time, to file the factum to Feb 29/96, Reg
Granted, no order as to costs
1996-03-07 Hearing of motion to extend time, 1996-03-07, to file the factum to Feb 29/96, Reg
1996-03-07 Submission of motion to extend time, 1996-03-07, to file the factum to Feb 29/96, Reg
1996-03-06 $50.00 filing fee for notice of motion, receipt no. 31686 Saskatchewan Human Rights Commission
1996-03-06 Response to motion to extend time, of MacPherson, Leslie & Tyerman re: motion to extend the time to file the respondent's factum to Feb. 29/96, Completed on: 1996-03-06 Battlefords and District Co-Operative Ltd.
1996-03-06 Affidavit, of Milton C. Woodard re: motion to extend the time to file the respondent's factum to Feb. 29/96 (original filed March 7/96), with service Saskatchewan Human Rights Commission
1996-03-06 Motion to extend time, to file the respondent's factum to Feb. 29/96, with service, Completed on: 1996-03-06 Saskatchewan Human Rights Commission
1996-02-29 Respondent's factum, 24 copies (extension requested), with service, Completed on: 1996-02-29 Saskatchewan Human Rights Commission
1996-02-08 Appeal perfected for hearing, Session beginning on 1996-04-22
1996-01-10 Book of authorities, 10 copies, Completed on: 1996-01-10 Battlefords and District Co-Operative Ltd.
1995-12-27 Proof of service, of factum and motion to extend time on the intervener Canadian Disability Rights Council
1995-12-21 Decision on motion to extend time, to file the factum to Dec 14/95, Reg
Granted, no order as to costs
1995-12-21 Hearing of motion to extend time, 1995-12-21, to file the factum to Dec 14/95, Reg
1995-12-21 Submission of motion to extend time, 1995-12-21, to file the factum to Dec 14/95, Reg
1995-12-18 Proof of service, of the appellant's factum (book form)
1995-12-18 $50.00 filing fee for notice of motion, receipt no. 31234 Battlefords and District Co-Operative Ltd.
1995-12-14 Motion to extend time, to file the appellant's factum to Dec. 14/95 (2 copies), with service Battlefords and District Co-Operative Ltd.
1995-12-14 Appellant's factum, 23 copies Battlefords and District Co-Operative Ltd.
1995-12-14 Affidavit, of Robert G. Richards re: motion to extend the time to file the appellant's factum to Dec. 14/95 (2 copies), with service Battlefords and District Co-Operative Ltd.
1995-11-29 Order on motion for leave to intervene
1995-11-29 Order on motion to extend time, to intervene
1995-11-17 Decision on motion to extend time, to intervene, L'HD
Granted, no order as to costs
1995-11-17 Hearing of motion to extend time, 1995-11-17, to intervene, L'HD
1995-11-17 Submission of motion to extend time, 1995-11-17, to intervene, L'HD
1995-11-17 Decision on the motion for leave to intervene, oral argument is restricted to 15 minutes, L'HD
Granted, no order as to costs
1995-11-17 Hearing of motion for leave to intervene, 1995-11-17, oral argument is restricted to 15 minutes, L'HD
1995-11-17 Submission of motion for leave to intervene, 1995-11-17, oral argument is restricted to 15 minutes, L'HD
1995-11-14 Response to the motion for leave to intervene, of the Canadian Mental Health Association Betty-Lu Clara Gibbs
1995-11-10 Response to the motion for leave to intervene, of MacPherson, Leslie (re: motion to intervene by Canadian Mental Health) ON CONDITION THAT IT BE limited to 20 page factum and oral presentation no more than 10 minutes (fax copy) - letter form (original received on Nov. 17/95) Battlefords and District Co-Operative Ltd.
1995-11-09 $50.00 filing fee for notice of motion, for leave to intervene receipt #31039 Canadian Mental Health Association
1995-11-09 Affidavit, 2 copies (bookform) (of Edward J. Pennington), with service Canadian Mental Health Association
1995-11-09 Motion for leave to intervene, 2 copies (bookform), with service Canadian Mental Health Association
1995-11-09 Affidavit, for leave to intervene (of Edward J. Pennington) (bookform), with service Canadian Mental Health Association
1995-11-09 Motion to extend time, for leave to intervene (bookform), with service Canadian Mental Health Association
1995-09-13 Appeal court record, (1 small box)
1995-06-07 Decision on the motion for leave to intervene, Co, Time for seeking leave to intervene is extended. Leave to intervene will be granted to all 3 intervenors. In light of the novel, serious and difficult issues raised in this appeal, each intervenor will be granted 15 minutes for oral submissions. This is granted on condition that all intervenors will cooperate so that neither their written submissions nor their oral arguments will overlap or be repetitive. The sensitive issue of costs will be reserved to the Court hearing the appeal.
Granted, no order as to costs
1995-06-07 Hearing of motion for leave to intervene, 1995-06-07, Co
1995-06-07 Submission of motion for leave to intervene, 1995-06-07, Co
1995-06-07 Decision on the motion for leave to intervene, (for order see intervention of Disability of same date), Co
Granted, no order as to costs
1995-06-07 Hearing of motion for leave to intervene, 1995-06-07, (for order see intervention of Disability of same date), Co
1995-06-07 Submission of motion for leave to intervene, 1995-06-07, (for order see intervention of Disability of same date), Co
1995-06-07 Decision on the motion for leave to intervene, (for order see intervention by Disability of same date), Co
Granted, no order as to costs
1995-06-07 Hearing of motion for leave to intervene, 1995-06-07, (for order see intervention by Disability of same date), Co
1995-06-07 Submission of motion for leave to intervene, 1995-06-07, (for order see intervention by Disability of same date), Co
1995-06-06 Response to the motion for leave to intervene, of the Canadian Disability Rights Council Betty-Lu Clara Gibbs
1995-06-02 Correspondence (sent by the Court) to, from B. C. Public Interest to M. Larmour: tentatively date for the hearing of the motions to intervene - June 7, 1995
1995-05-31 Correspondence (sent by the Court) to, (by fax) from Carolyn McCool; re: intervention hearing for June 7/95
1995-05-31 Affidavit, Shoshana Benmosché Canadian Disability Rights Council
1995-05-31 Motion for leave to intervene, (proof of service received on June 2, 1995) Canadian Disability Rights Council
1995-05-31 Correspondence (sent by the Court) to, (by fax) from William Pentney; re: that leave intervention by heard on June 7/95 at 9:00 a.m.
1995-05-30 Affidavit, to file the motion to intervene of Can. Human Rights (John Hucker) - 2 copies, with service Canadian Human Rights Commission
1995-05-30 Motion to extend time, to file the motion to intervene of Can. Human Rights Commission (included in the motion to intervene) - 2 copies, with service Canadian Human Rights Commission
1995-05-30 Affidavit, of John Hucker (2 copies), with service Canadian Human Rights Commission
1995-05-30 Motion for leave to intervene, (2 copies), with service Canadian Human Rights Commission
1995-05-08 Proof of service, of the motion to intervene of Ontario Human Rights Commission
1995-05-04 $50.00 filing fee for notice of motion, receipt #22470 Ontario Human Rights Commission
1995-05-03 Case on appeal, 24 copies, with service Battlefords and District Co-Operative Ltd.
1995-05-02 Response to the motion for leave to intervene, of Ontario Human Rights Commission Betty-Lu Clara Gibbs
1995-05-02 Response to motion to extend time, to file a notice of intervention of Ontario Human Rights Commission Betty-Lu Clara Gibbs
1995-05-01 Affidavit, Carl Dombek, with service Ontario Human Rights Commission
1995-05-01 Motion for leave to intervene, 2 copies, with service Ontario Human Rights Commission
1995-05-01 Affidavit, for leave to intervene; 2 copies; Carl Dombek, with service Ontario Human Rights Commission
1995-05-01 Motion to extend time, for leave to intervene; 2 copies, with service Ontario Human Rights Commission
1995-03-20 Order granting leave to appeal
1995-03-07 Notice of deposit of security, With service
1995-03-06 $500 security deposit paid, receipt no. 2337 Battlefords and District Co-Operative Ltd.
1995-02-09 Correspondence (sent by the Court) to, sent to Sask. Human Rights Commission (Saskatoon, SK) enclosing copy of Rule 32 c.c. Gowling Strathy & Henderson
1995-02-09 Correspondence (sent by the Court) to, sent to MacPherson Leslie & Tyerman (Regina, SK) enclosing copy of Rule 32 c.c. Nelligan, Power
1995-02-08 Notice of appeal, With service Battlefords and District Co-Operative Ltd.
1995-02-03 Notice of deposit of judgment issued to all parties, Nelligan, Power (Ottawa, ON)
1995-02-03 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1995-02-02 Judgment of the Court on the application for leave to appeal, CJ G Ia, The application for leave to appeal is granted.
Granted, no order as to costs
1994-11-17 All materials on application for leave submitted to the Judges, CJ G Ia
1994-11-01 Correspondence received from, of Milton C. Woodard dated October 21/94 to advise the Court that he will not be filing a memorandum in reply (respondent's response) Saskatchewan Human Rights Commission
1994-10-26 Correspondence received from, sent to Nelligan, Power (Ottawa, ON) to acknowledge receipt of material commencing a proceeding
1994-10-26 Correspondence received from, sent to Saskatchewan Human Rights Commission (Saskatoon, SK) enclosing copy of letter dated Oct 26/94 sent to applicant
1994-10-14 $30.00 filing fee, rec. #21081 Battlefords and District Co-Operative Ltd.
1994-10-14 Application for leave to appeal, 5 copies, with service, Completed on: 1994-10-14 Battlefords and District Co-Operative Ltd.

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
Battlefords and District Co-Operative Ltd. Applicant Active

v.

Main parties - Respondents
Name Role Status
Gibbs, Betty-Lu Clara Respondent Active
Saskatchewan Human Rights Commission Respondent Active

Other parties

Other parties
Name Role Status
Ontario Human Rights Commission Intervener Active
Canadian Human Rights Commission Intervener Active
Canadian Mental Health Association Intervener Active
Council of Canadians With Disabilities Intervener Active

Counsel

Party: Battlefords and District Co-Operative Ltd.

Counsel
Robert G. Richards, Q.C.
MacPherson Leslie & Tyerman
1500 - 1874 Scarth St
Regina, Saskatchewan
S4P 4E9
Telephone: (306) 347-8000
FAX: (306) 352-5250
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: Gibbs, Betty-Lu Clara

Counsel
Milton C. Woodard, Q.C.
Saskatchewan Human Rights Commission
8th Floor, Sturdy Stone Building
122 - 3rd Avenue North
Saskatoon, Saskatchewan
S7K 2H6
Telephone: (306) 933-5952
FAX: (306) 933-7863
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Saskatchewan Human Rights Commission

Counsel
Milton C. Woodard, Q.C.
Saskatchewan Human Rights Commission
8th Floor, Sturdy Stone Building
122 - 3rd Avenue North
Saskatoon, Saskatchewan
S7K 2H6
Telephone: (306) 933-5952
FAX: (306) 933-7863
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Ontario Human Rights Commission

Counsel
M. David Lepofsky
Attorney General of Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4458
FAX: (416) 326-4656
Email: dlepofsky@sympatico.ca
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Canadian Human Rights Commission

Counsel
William F. Pentney
Canadian Human Rights Commission
320 Queen Street
13th Floor Tower A
Ottawa, Ontario
K1A 1E1
Telephone: (613) 995-9151
FAX: (613) 993-3089

Party: Canadian Mental Health Association

Counsel
Janet L. Budgell
Advocacy Resource Centre for the Handicapped
255 - 40 Orchard View Blvd.
Toronto, Ontario
M4R 1B9
Telephone: (416) 482-8225
FAX: (416) 482-2981
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Council of Canadians With Disabilities

Counsel
Carolyn McCool
B.C. Public Interest Advocacy Centre
815 - 815 HASTINGS ST W
VANCOUVER, British Columbia
V6C 1B4
Telephone: (604) 687-3063
FAX: (604) 682-7896
Agent
Michael G. Janigan
Public Interest Advocacy Centre
1204 - 1 Nicholas St.
Ottawa, Ontario
K1N 7B7
Telephone: (613) 562-4002 Ext: 36
FAX: (613) 562-0007
Email: mjanigan@piac.ca

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

June 14, 1994
Court of Appeal for Saskatchewan

1474

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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Date modified: 2025-05-13