Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
28179
Attorney General of Nova Scotia v. Susan Walsh, et al.
(Nova Scotia) (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) |
|---|---|---|
| 2003-01-02 | Appeal closed | |
| 2002-12-20 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2002-12-19 |
Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal from the judgment of the Nova Scotia Court of Appeal, CA No. 159139, dated April 19, 2000, heard on June 14, 2002 is allowed, L'Heureux-Dubé J. dissenting. (See long) Allowed |
|
| 2002-07-05 | Transcript received, and distributed to the judges (142 pages) | |
| 2002-06-14 | Order on motion to extend time | |
| 2002-06-14 |
Decision on motion to extend time, DeRg, to serve and file the appellant's book of authorities to June 5, 2002. Granted |
|
| 2002-06-14 | Order on motion to extend time | |
| 2002-06-14 |
Decision on motion to extend time, DeRg, to serve and file the book of authorities of the respondent Susan Walsh to May 30, 2002. Granted |
|
| 2002-06-14 | Submission of motion to extend time, DeRg | |
| 2002-06-14 | Acknowledgement and consent for video taping of proceedings | |
| 2002-06-14 | Judgment reserved OR rendered with reasons to follow | |
| 2002-06-14 |
Hearing of the appeal, 2002-06-14, (V047, V048), CJ L'HD G Ia Ma Ba Bi Arb LeB Decision reserved |
|
| 2002-06-12 | Supplemental document, 12 copies of condensed book | Attorney General of Alberta |
| 2002-06-12 | Motion to extend time, to file the authorities to June 5, 2002 - 3 copies, Completed on: 2002-06-12 | Attorney General of Nova Scotia |
| 2002-06-07 | Notice of appearance | Attorney General of Canada |
| 2002-06-05 | Appellant's book of authorities, Completed on: 2002-06-05 | Attorney General of Nova Scotia |
| 2002-06-05 | Motion to extend time, to file the authorities to May 30, 2002 - 1 copy, Completed on: 2002-06-05 | Susan Walsh |
| 2002-05-30 | Respondent's book of authorities, (extension of time requested), Incomplete | Susan Walsh |
| 2002-03-13 | Notice of hearing | Attorney General of Nova Scotia |
| 2002-03-08 |
Appeal hearing scheduled, 2002-06-14 Decision reserved |
|
| 2002-02-28 | Order on motion to extend time | |
| 2002-02-13 |
Decision on motion to extend time, Reg, to serve and file the factum and book of authorities of the intervener A.G. - Ontario to Jan. 30, 2002. Granted |
|
| 2002-02-13 | Submission of motion to extend time, Reg | |
| 2002-02-11 | Order on motion to extend time | |
| 2002-02-11 |
Decision on motion to extend time, Reg, to serve and file the factum and book of authorities of the intervener Attorney General of Alberta to Feb. 1, 2002, nunc pro tunc. Granted |
|
| 2002-02-11 | Submission of motion to extend time, Reg | |
| 2002-02-07 | Response to motion to extend time, (joint consent - fax copy), Completed on: 2002-02-07 | Attorney General of Nova Scotia |
| 2002-02-05 | Motion to extend time, to file the factum and authorities to Feb. 1, 2002 - 1 copy, Completed on: 2002-02-05 | Attorney General of Alberta |
| 2002-02-01 | Book of authorities, (vol. 1 and 2), Completed on: 2002-02-01 | Attorney General of Alberta |
| 2002-02-01 | Intervener's factum, Completed on: 2002-02-01 | Attorney General of Alberta |
| 2002-01-30 | Motion to extend time, to file the factum and authorities to Jan. 30, 2002 - 1 copy, Completed on: 2002-01-30 | Attorney General for Ontario |
| 2002-01-30 | Book of authorities, 14 copies, Completed on: 2002-01-30 | Attorney General for Ontario |
| 2002-01-30 | Intervener's factum, 25 copies, Completed on: 2002-01-30 | Attorney General for Ontario |
| 2002-01-17 | Notice of withdrawal | Attorney General of Manitoba |
| 2001-12-28 | Book of authorities, Completed on: 2002-01-04 | Attorney General of Quebec |
| 2001-12-28 | Intervener's factum, Completed on: 2002-01-04 | Attorney General of Quebec |
| 2001-12-28 | Intervener's factum, Completed on: 2001-12-28 | Attorney General of British Columbia |
| 2001-12-21 | Book of authorities, Completed on: 2001-12-21 | Attorney General of Canada |
| 2001-12-21 | Intervener's factum, Completed on: 2001-12-21 | Attorney General of Canada |
| 2001-11-30 | Respondent's factum, Completed on: 2001-11-30 | Susan Walsh |
| 2001-11-23 | Appeal perfected for hearing, Session beginning on 2002-04-15 | |
| 2001-11-21 | Correspondence received from, W. Bona dated Nov. 1, 2001 re: will not be participating in the matter | Wayne Bona |
| 2001-10-10 | Order on motion to extend time | |
| 2001-10-05 |
Decision on motion to extend time, DeRg, to serve and file the appellant's factum and record to Sept. 28, 2001. Granted, no order as to costs |
|
| 2001-10-05 | Submission of motion to extend time, DeRg | |
| 2001-09-28 | Appellant's record, Completed on: 2001-09-28 | Attorney General of Nova Scotia |
| 2001-09-28 | Appellant's factum, Completed on: 2001-09-28 | Attorney General of Nova Scotia |
| 2001-09-26 | Order granting leave to appeal | |
| 2001-09-25 | Correspondence received from, (Letter Form), Steve Grace, agent, re: status of the respondent Wayne Bona. | Attorney General of Nova Scotia |
| 2001-09-25 | Motion to extend time, to file the Appellant's factum and Record to Sept. 28/01, Completed on: 2001-09-25 | Attorney General of Nova Scotia |
| 2001-08-31 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 2001-08-28 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 2001-08-22 | Notice of intervention respecting a constitutional question | Attorney General for Ontario |
| 2001-08-22 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2001-08-17 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2001-08-10 | Notice of intervention respecting a constitutional question | Attorney General of Manitoba |
| 2001-07-16 | Notice of constitutional question(s) | Attorney General of Nova Scotia |
| 2001-07-13 | Order on motion to state a constitutional question | |
| 2001-07-11 | Correspondence received from, S. Grace dated July 11, 2001 (fax copy) re: will file an extension of time for the factum, record and authorities | Attorney General of Nova Scotia |
| 2001-06-25 |
Decision on the motion to state a constitutional question, CJ, 1. Does s. 2(g) of the Matrimonial Property Act, R.S.N.S. 1989, c. 275, discriminate against heterosexual unmarried cohabitants contrary to s. 15(1) of the Charter? 2. If the answer to question 1 is "yes", is the discrimination a reasonable limit prescribed by law which can be demonstrably justified in a free and democratic society under s. 1 of the Charter? Notices of intervention are to be filed on or before August 31, 2001. Granted, no order as to costs |
|
| 2001-06-14 | Submission of motion to state a constitutional question, CJ | |
| 2001-05-23 | Response to the motion to state a constitutional question, (Letter Form), from K. Briand dated May 10, 2001, Completed on: 2001-05-23 | Susan Walsh |
| 2001-05-08 | Motion to state a constitutional question, book form, Completed on: 2001-05-31 | Attorney General of Nova Scotia |
| 2001-03-13 | Letter acknowledging receipt of notice of appeal | |
| 2001-03-09 | Notice of appeal, Completed on: 2001-03-15 | Attorney General of Nova Scotia |
| 2001-02-16 | Notice of deposit of judgment issued to all parties | |
| 2001-02-15 |
Judgment of the Court on the application for leave to appeal Granted, no order as to costs |
|
| 2001-02-15 |
Decision on motion to extend time, to file the response, L'HD Ba LeB Granted, no order as to costs |
|
| 2001-01-03 | All materials on application for leave submitted to the Judges, L'HD Ba LeB | |
| 2001-01-03 | Submission of motion to extend time, L'HD Ba LeB | |
| 2000-12-11 | Response to motion to extend time, (included in reply), Completed on: 2000-12-11 | Attorney General of Nova Scotia |
| 2000-12-11 | Applicant's reply to respondent's argument, (including does not oppose the respondent's ext. of time), Completed on: 2000-12-11 | Attorney General of Nova Scotia |
| 2000-12-06 | Motion to extend time, to file the response to Dec. 6, 2000 (included in response), Completed on: 2000-12-27 | Susan Walsh |
| 2000-12-06 | Respondent's response on the application for leave to appeal, (service to the second respondent requested and received Dec. 27/00) (6 copies), Completed on: 2000-12-27 | Susan Walsh |
| 2000-11-24 | Correspondence received from, K. Briand dated Nov. 24, 2000 (fax copy) re: will file a formal response and extension by next week | Susan Walsh |
| 2000-10-30 | Respondent's response on the application for leave to appeal, (Letter Form), from W. Bona undated, Completed on: 2000-10-30 | Wayne Bona |
| 2000-10-30 | Respondent's response on the application for leave to appeal, (Letter Form), from K. Briand dated Oct. 18, 2000 re: takes no position on leave application (will file a formal response by end of Nov./00 - confirmed by phone on Nov. 22/00), Completed on: 2000-10-30 | Susan Walsh |
| 2000-10-24 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2000-10-18 | Correspondence received, from E. Gores dated Oct. 17, 2000 (fax copy) re: suppl. reasons dated June 5, 2000 | |
| 2000-10-18 | Correspondence received from, S. Grace dated Sept. 26, 2000 (fax copy) re: A.G. Nova Scotia status (Nova Scotia Const. Questions Act at Tab S10 of leave book) | Attorney General of Nova Scotia |
| 2000-09-05 | Application for leave to appeal, (style of cause amended on Oct. 2, 2000)(service received on Oct. 30, 2000), Completed on: 2000-10-30 | Attorney General of Nova Scotia |
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 |
|---|---|---|
| Attorney General of Nova Scotia | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Walsh, Susan | Respondent | Active |
| Bona, Wayne | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Attorney General for Ontario | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
Counsel
Party: Attorney General of Nova Scotia
Counsel
P. O. Box 7
400 - 5151 Terminal Road
Halifax, Nova Scotia
B3J 2L6
Telephone: (902) 424-4024
FAX: (902) 424-1730
Email: goresea@gov.ns.ca
Agent
303 - 99 Bank St.
Ottawa, Ontario
K1P 6B9
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: sgrace@macorlaw.com
Party: Walsh, Susan
Counsel
Stephen M. Robertson
174 Archimedes Street
New Glasgow, Nova Scotia
B2H 2T6
Telephone: (902) 755-7020
FAX: (902) 752-8733
Agent
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: Bona, Wayne
This party is not represented by counsel.
Party: Attorney General of Canada
Counsel
Bank of Canada Building - East Tower
1216 - 234 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: Christopher.Rupar@justice.gc.ca
Party: Attorney General of British Columbia
Counsel
P.O. Box 9270, Stn. Prov. Govt.
1312 Blanshard Street
Victoria, British Columbia
V8W 9J5
Telephone: (250) 387-0310
FAX: (250) 387-0343
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General for Ontario
Counsel
Daniel Guttman
720 Bay Street, 8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2518
FAX: (416) 326-4015
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Alberta
Counsel
4th Floor, Bowker Building
9833 - 109th Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-9532
FAX: (780) 425-0307
Email: robert.normey@gov.ab.ca
Agent
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: Attorney General of Quebec
Counsel
Monique Rousseau
1200 Route de l'Église, 2e étage
Ste-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: hjean@justice.gouv.qc.ca
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
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
Supreme Court of Nova Scotia, Trial Division
S.P. 04901
Respondent Walsh's application to have section 2(g) of the Matriomonial Property Act declared unconstitutional dismissed
Nova Scotia Court of Appeal
CA 159139
Appeal allowed; Section 2(g) of the Matriomonial Property Act declared to be of no force or effect with twelve month suspension
Nova Scotia Court of Appeal
CA No. 159139
Respondent Walsh's initial application seeking a division of the assets remitted to the Supreme Court of Nova Scotia
Filed documents
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 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 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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Related links
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.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available