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28613

E.D.G. v. The Board of School Trustees of School District No. 44 (North Vancouver)

(British Columbia) (Civil) (By Leave)

(Publication ban on party)

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)
2003-10-14 Appeal closed
2003-10-09 Judgment on appeal and notice of deposit of judgment sent to all parties
2003-10-02 Correspondence received from, P. Paterson dated Oct. 2, 2003 (fax copy) re: names of counsel on the judgment (joint) Patrick Dennis Stewart, F.L.B., R.A.F., R.R. J., M.L.J., M. W., Victor Brown, Benny Ryan Clappis, Dannis Louie Daniels, Robert Daniels, Charlotte (Wilson) Guest, Daisy (Wilson) Hayman, Irene (Wilson) Starr, Pearl (Wilson) Stelmacher, Frances Tait
2003-10-02 Judgment on the cross-appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De
Dismissed
2003-10-02 Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal and the cross-appeal from the judgment of the Court of Appeal of British Columbia (Vancouver), Number CA024602, dated March 27, 2001, heard on December 5 and 6, 2002 are dismissed.
Dismissed
2003-02-21 Correspondence received from, R.R. Hira, Q.C. (by fax) re: Australian cases rendered Feb. 6/03 (joint with 28612 - 28616) (sent to the judges Feb. 25/03) The Board of School Trustees of School District No. 44 (North Vancouver)
2002-12-19 Transcript received
2002-12-06 Judgment reserved OR rendered with reasons to follow
2002-12-05 Acknowledgement and consent for video taping of proceedings
2002-12-05 Supplemental document, Table of Contents The Board of School Trustees of School District No. 44 (North Vancouver)
2002-12-05 Appellant's condensed book, Damages E.D.G.
2002-12-05 Hearing of the appeal, 2002-12-05, CJ G Ia Ma Ba Bi Arb LeB De
Judgment reserved
2002-12-04 Notice of appearance, (Letter Form), of/de Kay Young, ( joint with/avec 28616,28612) Attorney General of Canada
2002-12-04 Notice of appearance, (Letter Form), of Kay Young, dated Dec. 4. Attorney General of Canada
2002-12-03 Supplemental document, correspondence/correspondance ( joint with/avec 28616,28612) E.D.G.
2002-12-03 Supplemental document, (Letter Form), correspondence/correspondance ( joint with/avec 28616,28612) E.D.G.
2002-12-02 Supplemental document, correspondence/correspondance ( joint with/avec 28616,28612) E.D.G.
2002-11-27 General proceeding, (consent re: suppl. authorities/consentement re: sources supplémentaires)(fax copy/télécopieur) E.D.G.
2002-11-26 Supplemental document, supplementary Book of Authorities The Board of School Trustees of School District No. 44 (North Vancouver)
2002-11-26 Order on motion to extend time
2002-11-26 Decision on motion to extend time, Reg, to serve and file the appellant/respondent by cross-appeal's books of authorities to November 15, 2002.
Granted
2002-11-26 Submission of motion to extend time, Reg
2002-11-25 Notice of appearance, (Letter Form), of David Sgayias, dated Nov. 25, by fax. Attorney General of Canada
2002-11-25 Notice of appearance, (Letter Form), from Gowlings, dated Nov. 25. The Nishnawbe Aski Nation
2002-11-25 Notice of appearance, (Letter Form), from Gowlings, dated Nov. 25. Patrick Dennis Stewart, F.L.B., R.A.F., R.R. J., M.L.J., M. W., Victor Brown, Benny Ryan Clappis, Dannis Louie Daniels, Robert Daniels, Charlotte (Wilson) Guest, Daisy (Wilson) Hayman, Irene (Wilson) Starr, Pearl (Wilson) Stelmacher, Frances Tait
2002-11-20 Notice of appearance, (Letter Form), of Ravi Hira, Q.C. and Harmon C. Hayden, dated November 20, by fax The Board of School Trustees of School District No. 44 (North Vancouver)
2002-11-15 Notice of appearance, (Letter Form), of Megan R. Ellis E.D.G.
2002-11-14 Motion to extend time, to file the appellant/respondent on cross-appeal's authorities to Nov. 15, 2002, Completed on: 2002-11-14 E.D.G.
2002-11-14 Appellant's book of authorities, (vol. 1 to 4)(on appeal and cross-appeal), Completed on: 2002-11-14 E.D.G.
2002-10-15 Correspondence received from, C. Villeneuve dated Oct. 11, 2002 (fax copy) re: schedule for hearing (joint with 28612-6) E.D.G.
2002-10-09 Order on motion for leave to intervene, (15 MINUTES EACH IN TOTAL IN ALL (3) APPEALS GRANTED TO THE (3) INTERVENERS BY BASTARACHE J.)
2002-10-04 Respondent's book of authorities, Vol. I & II, Completed on: 2002-10-04 The Board of School Trustees of School District No. 44 (North Vancouver)
2002-10-04 Correspondence received from, Osler; re: time alloted for the hearing of the appeals E.D.G.
2002-09-09 Appeal hearing scheduled, 2002-12-05
Judgment reserved
2002-09-05 Book of authorities, (joint with 28612 and 28616), Completed on: 2002-09-05 The Nishnawbe Aski Nation
2002-09-05 Intervener's factum, (see decision of Aug. 16/02 - joint with 28612 and 28616), Completed on: 2002-09-05 The Nishnawbe Aski Nation
2002-08-22 Notice of hearing E.D.G.
2002-08-19 Book of authorities, (joint with 28612 and 28616), Completed on: 2002-08-19 Patrick Dennis Stewart, F.L.B., R.A.F., R.R. J., M.L.J., M. W., Victor Brown, Benny Ryan Clappis, Dannis Louie Daniels, Robert Daniels, Charlotte (Wilson) Guest, Daisy (Wilson) Hayman, Irene (Wilson) Starr, Pearl (Wilson) Stelmacher, Frances Tait
2002-08-19 Intervener's factum, (joint with 28612 and 28616), Completed on: 2002-08-19 Patrick Dennis Stewart, F.L.B., R.A.F., R.R. J., M.L.J., M. W., Victor Brown, Benny Ryan Clappis, Dannis Louie Daniels, Robert Daniels, Charlotte (Wilson) Guest, Daisy (Wilson) Hayman, Irene (Wilson) Starr, Pearl (Wilson) Stelmacher, Frances Tait
2002-08-16 Decision on motion to extend time, Reg, to serve and file the factum of the intervener Nishnawbe Aski Nation to September 5, 2002.
Granted
2002-08-16 Submission of motion to extend time, Reg
2002-07-29 Response to motion to extend time, (Letter Form), from J.W. Beedell dated July 29/02, Completed on: 2002-07-29 The Board of School Trustees of School District No. 44 (North Vancouver)
2002-07-29 Appeal perfected for hearing, Session beginning on 2002-09-30
2002-07-26 Book of authorities, (joint with 28612 and 28616), Completed on: 2002-07-26 Attorney General of Canada
2002-07-26 Intervener's factum, (joint with 28612 and 28616), Completed on: 2002-07-26 Attorney General of Canada
2002-07-23 Motion to extend time, to file the factum to Sept. 5, 2002 (joint with 28612 and 28616), Completed on: 2002-07-23 The Nishnawbe Aski Nation
2002-07-17 Respondent's factum - cross appeal, Completed on: 2002-07-17 E.D.G.
2002-07-02 Respondent's record, Completed on: 2002-07-02 The Board of School Trustees of School District No. 44 (North Vancouver)
2002-07-02 Appellant's factum - cross appeal, (joint with Respondent's Factum), Completed on: 2002-07-02 The Board of School Trustees of School District No. 44 (North Vancouver)
2002-07-02 Respondent's factum, (joint with Factum on Cross-Appeal), Completed on: 2002-07-02 The Board of School Trustees of School District No. 44 (North Vancouver)
2002-05-28 Correspondence received from, C.A. Villeneuve dated May 28/02 (by fax) re: confirming Respondent Hammer's status E.D.G.
2002-05-16 Order on motion for leave to intervene, (BY BASTARACHE J.)
2002-05-16 Decision on the motion for leave to intervene, Ba, The motion for an extension of time and for leave to intervene of the applicant NISHNAWBE ASKI NATION is granted and the applicants shall be entitled to serve and file one joint factum not to exceed 20 pages in length and one joint book of authorities.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES ORAL ARGUMENT IN TOTAL IN ALL (3) APPEALS GRANTED OCTOBER 9, 2002).

The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record
of the parties.

Pursuant to Rule 18(6) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the interventions.
Granted
2002-05-16 Decision on the motion for leave to intervene, Ba, The motion for an extension of time and for leave to intervene of the applicants PATRICK DENNIS STEWART, F.L.B., R.A.F., R.R.J., M.L.J., M.W., Victor Brown, Benny Ryan Clappis, Danny Louie Daniels, Robert Daniels, Charlotte (Wilson) Guest, Daisy (Wilson) Hayman, Irene (Wilson) Starr, Pearl (Wilson) Stelmacher, Frances Tait, James Wilfrid White, Allan George Wilson, Donna Wilson, John Hugh Wilson, Terry Aleck, Gilbert Spinks, Ernie James and Ernie Michell is granted and the applicants shall be entitled to serve and file one joint factum not to exceed 20 pages in length and one joint book of authorities.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES ORAL ARGUMENT IN TOTAL IN ALL (3) APPEALS GRANTED OCTOBER 9, 2002).

The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record
of the parties.

Pursuant to Rule 18(6) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the interventions.
Granted
2002-05-16 Submission of motion for leave to intervene, Ba
2002-05-08 Correspondence received from, C.A. Villeneuve dated May 8/02 re: this case to be heard with 28612 and 28616 and will file a Joint Book of Authorites after all factums are filed E.D.G.
2002-05-08 Appellant's record, Vol. I & II, Completed on: 2002-05-08 E.D.G.
2002-05-08 Appellant's factum, Completed on: 2002-05-08 E.D.G.
2002-05-03 Response to the motion for leave to intervene, (Letter Form), from Osler, Hoskin dated May 3, 2002 re: interventions by P. D. Stewart and Nishnawbi Aski Nation, Completed on: 2002-05-03 E.D.G.
2002-04-29 Response to the motion for leave to intervene, (Letter Form), (responding to interventions by P. Stewart and Nishnawbe Aski), Completed on: 2002-04-29 The Board of School Trustees of School District No. 44 (North Vancouver)
2002-04-24 Correspondence received from, J.W. Beedell dated Apr. 24/02 (by fax) re: Respondent Hammer The Board of School Trustees of School District No. 44 (North Vancouver)
2002-04-24 Motion for leave to intervene, (joint with extension of time) - 4 copies, book form, Completed on: 2002-04-24 The Nishnawbe Aski Nation
2002-04-24 Response to the motion for leave to intervene, joint with Affidavit of Michelle Seddon, Completed on: 2002-04-25 Svein Hammer
2002-04-16 Motion for leave to intervene, (joint with extension of time) - 2 copies, Completed on: 2002-04-16 Patrick Dennis Stewart, F.L.B., R.A.F., R.R. J., M.L.J., M. W., Victor Brown, Benny Ryan Clappis, Dannis Louie Daniels, Robert Daniels, Charlotte (Wilson) Guest, Daisy (Wilson) Hayman, Irene (Wilson) Starr, Pearl (Wilson) Stelmacher, Frances Tait
2002-03-11 Order on motion for leave to intervene, (by the judge)
2002-03-11 Decision on the motion for leave to intervene, Ba, by the ATTORNEY GENERAL OF CANADA. The applicant is entitled to serve and file one joint factum not to exceed 30 pages and one joint book of authorities. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES ORAL ARGUMENT IN TOTAL IN ALL (3) APPEALS GRANTED OCTOBER 9, 2002). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the intervention (joint with 28613 & 28616).
Granted
2002-03-11 Submission of motion for leave to intervene, Ba
2002-02-22 Response to the motion for leave to intervene, (Letter Form), from P.J. Wilson dated Feb. 22/02 re: Appellant does not oppose, Completed on: 2002-02-22 E.D.G.
2002-02-15 Motion for leave to intervene, book form, Completed on: 2002-02-15 Attorney General of Canada
2002-02-05 Order granting leave to appeal
2002-01-14 Notice of deposit of judgment issued to all parties, REVISED
2002-01-07 Letter acknowledging receipt of notice of appeal
2002-01-04 Notice of cross appeal, Completed on: 2002-01-04 Svein Hammer
2002-01-04 Notice of deposit for security E.D.G.
2002-01-04 Notice of appeal, (affidavit of service to the C.A. received Jan. 8, 2002), Completed on: 2002-01-04 E.D.G.
2001-12-12 Correspondence (sent by the Court) to, all parties re: filing timetable / tentative hearing date
2001-12-07 Notice of deposit of judgment issued to all parties
2001-12-06 Judgment of the Court on the application for leave to cross-appeal, The application for leave to cross-appeal is granted with costs to the applicant E.D.G. in any event of the cause. (Revised Jan. 11/2002)
Granted, with costs to the applicant(s) in any event of the cause
2001-12-06 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted with costs to the applicant E.D.G. in any event of the cause. (Revised Jan. 11/2002)
Granted, with costs to the applicant(s) in any event of the cause
2001-10-29 All material on the application for leave to cross-appeal submitted to the Judges
2001-10-29 All materials on application for leave submitted to the Judges, CJ Ia Ba
2001-08-20 Memorandum of argument in response to the cross-appeal, (response to conditional cross-appeal)(joint with reply), Completed on: 2001-08-20 E.D.G.
2001-08-20 Applicant's reply to respondent's argument, (joint with response to cross-appeal), Completed on: 2001-08-20 E.D.G.
2001-06-27 Application for leave to cross-appeal, (conditional)(included in respondent's response on leave to appeal), Completed on: 2001-06-27 The Board of School Trustees of School District No. 44 (North Vancouver)
2001-06-27 Respondent's response on the application for leave to appeal, Completed on: 2001-06-27 The Board of School Trustees of School District No. 44 (North Vancouver)
2001-05-30 Letter acknowledging receipt of an incomplete application for leave to appeal
2001-05-28 Application for leave to appeal, (C/A reasons requested (not signed) - rec'd June 6/01), Completed on: 2001-06-06 E.D.G.

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
E.D.G. Appellant / Respondent on cross-appeal Active

v.

Main parties - Respondents
Name Role Status
The Board of School Trustees of School District No. 44 (North Vancouver) Respondent / Appellant on cross-appeal Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Patrick Dennis Stewart, F.L.B., R.A.F., R.R. J., M.L.J., M. W., Victor Brown, Benny Ryan Clappis, Dannis Louie Daniels, Robert Daniels, Charlotte (Wilson) Guest, Daisy (Wilson) Hayman, Irene (Wilson) Starr, Pearl (Wilson) Stelmacher, Frances Tait Intervener Active
James Wilfrid White, Allan George Wilson, Donna Wilson, John Hugh Wilson, Terry Aleck, Gilbert Spinks, Ernie James and Ernie Michell Intervener Active
The Nishnawbe Aski Nation Intervener Active

Counsel

Party: E.D.G.

Counsel
Names
Megan R. Ellis
Shannon Aldinger
Contact information
Stowe, Ellis
700 - 555 West Georgia
Vancouver, British Columbia
V6B 1Z6
Telephone: (604) 683-7144
FAX: (604) 683-0207
Email: mrellis@stowellis.bc.ca
Agent
Name
Patricia J. Wilson
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

Party: The Board of School Trustees of School District No. 44 (North Vancouver)

Counsel
Names
Harmon C. Hayden
Ravi R. Hira, Q.C.
Contact information
Watson Goepel Maledy
1700 - 1075 West Georgia Street
Vancouver, British Columbia
V6E 3C9
Telephone: (604) 688-1301
FAX: (604) 688-8193
Agent
Name
Jeffrey W. Beedell
Contact information
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca

Party: Attorney General of Canada

Counsel
Names
David Sgayias, Q.C.
Kay Young
Contact information
Attorney General of Canada
Department of Justice
284 Wellington St, 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 952-0275
FAX: (613) 952-1227
Agent
Name
Graham R. Garton, Q.C.
Contact information
Attorney General of Canada
234 Wellington Street
East Tower, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca

Party: Patrick Dennis Stewart, F.L.B., R.A.F., R.R. J., M.L.J., M. W., Victor Brown, Benny Ryan Clappis, Dannis Louie Daniels, Robert Daniels, Charlotte (Wilson) Guest, Daisy (Wilson) Hayman, Irene (Wilson) Starr, Pearl (Wilson) Stelmacher, Frances Tait

Counsel
Names
David Paterson
Peter Grant
Diane Soroka
Contact information
David Paterson Law Corporation
302 - 10252 - 135 Street
Surrey
British Columbia
V3T 4C2
Telephone: (604) 951-0435
FAX: (604) 585-1740
Email: davidp@shaw.ca
Agent
Name
Henry S. Brown, Q.C.
Contact information
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: James Wilfrid White, Allan George Wilson, Donna Wilson, John Hugh Wilson, Terry Aleck, Gilbert Spinks, Ernie James and Ernie Michell

Counsel
Names
David Paterson
Peter Grant
Diane Soroka
Contact information
David Paterson Law Corporation
302 - 10252 - 135 Street
Surrey
British Columbia
V3T 4C2
Telephone: (604) 951-0435
FAX: (604) 585-1740
Email: davidp@shaw.ca
Agent
Name
Henry S. Brown, Q.C.
Contact information
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: The Nishnawbe Aski Nation

Counsel
Names
Susan M. Vella
Elizabeth K.P. Grace
Contact information
Goodman & Carr
2300 - 200 King St. W.
Toronto, Ontario
M5H 3W5
Telephone: (416) 595-2434
FAX: (416) 595-0567
Email: SVELLA@GOODMANCARR.COM
Agent
Name
Henry S. Brown, Q.C.
Contact information
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

Summary

Keywords

None.

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 20, 1998
Supreme Court of British Columbia

C954374

Appellant's action against Respondent Board dismissed; judgment for the Appellant against Respondent Hammer in the amount of $211,800

March 27, 2001
Court of Appeal for British Columbia (Vancouver)

CA024602

Appellants' appeal dismissed

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

Not available

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

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

Webcasts

Not available.

Date modified: 2025-05-13