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28654

James Chamberlain, et al. v. The Board of Trustees of School District # 36 (Surrey)

(British Columbia) (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)
2003-02-05 Record returned to the Registrar of the Court of Appeal
2003-01-09 Appeal closed
2002-12-23 Judgment on appeal and notice of deposit of judgment sent to all parties
2002-12-20 Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal from the judgment of the Court of Appeal of British Columbia (Vancouver), Number CA025465, dated April 17, 2001, heard on June 12, 2002 is allowed with costs throughout to the appellants. The question of whether the books should be approved is remanded to the School Board to be considered according to the criteria laid out in the Board's own regulation, the curriculum guidelines and the broad principles of tolerance and non-sectarianism underlying the School Act. Gonthier and Bastarache JJ. are dissenting.
Allowed, with costs
2002-06-28 Transcript received, (155 pages)
2002-06-12 Judgment reserved OR rendered with reasons to follow
2002-06-12 Appellant's condensed book James Chamberlain
2002-06-12 Acknowledgement and consent for video taping of proceedings
2002-06-12 Hearing of the appeal, 2002-06-12, (V043, V044), CJ L'HD G Ia Ma Ba Bi Arb LeB
Decision reserved
2002-06-11 Respondent's condensed book The Board of Trustees of School District # 36 (Surrey)
2002-06-11 Correspondence received from, C. Baxter dated June 11, 2002 (fax copy) re: article entitled "How to be Fair to Religious" contained in the Appellant's condensed book - (sent to the judges on June 11, 2002)(original received June 11, 2002) The Board of Trustees of School District # 36 (Surrey)
2002-06-10 Order on motion for additional time to present oral argument, (by the Chief Justice)
2002-06-10 Decision on motion for additional time to present oral argument, CJ, The application on behalf of the appellants for additional time for oral argument is dismissed.
Dismissed
2002-06-10 Submission of motion for additional time to present oral argument, CJ
2002-06-05 Notice of appearance James Chamberlain
2002-06-05 Response to the motion for additional time to present oral argument, Completed on: 2002-06-05 The Board of Trustees of School District # 36 (Surrey)
2002-06-04 Book of authorities, (extension of time requested), Completed on: 2002-06-04 Canadian Civil Liberties Association
2002-06-04 Respondent's book of authorities, Supplementary re: Reply Factum (see decision of May 15/02), Completed on: 2002-06-04 The Board of Trustees of School District # 36 (Surrey)
2002-06-04 Reply factum on appeal, (see decision of May 15/02), Completed on: 2002-06-04 The Board of Trustees of School District # 36 (Surrey)
2002-06-04 Decision on miscellaneous motion, to reconsider Gonthier, J. order of Apr. 17/02, G
Dismissed
2002-06-03 Appellant's book of authorities, re: Reply Factum (see decision of May 15/02), Completed on: 2002-06-05 James Chamberlain
2002-06-03 Submission of miscellaneous motion, G
2002-05-31 Motion for additional time to present oral argument, (1 1/2 hours) - 3 copies, Completed on: 2002-05-31 James Chamberlain
2002-05-31 Reply to miscellaneous motion, Completed on: 2002-06-04 Elementary Teachers' Federation of Ontario
2002-05-29 Notice of appearance, (Letter Form), de Noel & Ass. en date du 27 mai 2002 (télécopieur) British Columbia Civil Liberties Association
2002-05-23 Reply factum on appeal, (see decision of May 15/02), Completed on: 2002-05-23 James Chamberlain
2002-05-21 Response to miscellaneous motion, Completed on: 2002-05-21 The Board of Trustees of School District # 36 (Surrey)
2002-05-15 Notice of miscellaneous motion, (for a reconsideration of the order of Justice Gonthier denying oral submissions) - 6 copies - book form, Completed on: 2002-05-15 Elementary Teachers' Federation of Ontario
2002-05-15 Order on motion to file a reply factum on appeal, (by Iacobucci J.)
2002-05-15 Decision on the motion to file a reply factum on appeal, Ia, The appellants are granted leave to file a reply factum of up to 17 pages and the respondent is granted leave to file a supplementary factum of up to 17 pages.
Granted
2002-05-15 Submission of motion to file a reply factum on appeal, Ia
2002-05-10 Reply to motion to file a reply factum on appeal, (Letter Form), from J. Arvay dated May 10, 2002 (fax copy), Completed on: 2002-05-10 James Chamberlain
2002-05-06 Response to motion to file a reply factum on appeal, Completed on: 2002-05-06 The Board of Trustees of School District # 36 (Surrey)
2002-04-29 Motion to file a reply factum on appeal, (of 17 pages), Completed on: 2002-04-29 James Chamberlain
2002-04-17 Decision on the motion for leave to intervene, G, IT IS HEREBY ORDERED THAT the following interveners are granted permission to present oral argument at the hearing of the appeal not to exceed the time allowed respectively to each of them as follows:

- Egale Canada Inc.: 10 minutes;
- British Columbia Civil Liberties Association: 10 minutes;
- The Board of Trustees of School District #34 (Abbotsford): 10 minutes;
- Canadian Civil Liberties Association: 10 minutes;
- Families in Partnership: 10 minutes
- The Evangelical Fellowship of Canada, The Archdiocese of Vancouver, The Catholic Civil Rights League, The Canadian Alliance for Social Justice and Family Values Association, collectively: 15 minutes.

IT IS HEREBY FURTHER ORDERED THAT the request of the Elementary Teachers' Federation of Ontario to present oral argument is denied.

Allowed in part, no order as to costs
2002-04-12 Intervener's factum, Completed on: 2002-04-12 Canadian Civil Liberties Association
2002-03-22 Book of authorities, Completed on: 2002-04-18 The Board of Trustees of School District no. 34 (Abbotsford)
2002-03-22 Intervener's factum, (service on appellants and respondent missing - rec'd Apr. 18/02), Completed on: 2002-04-18 The Board of Trustees of School District no. 34 (Abbotsford)
2002-03-22 Book of authorities, Completed on: 2002-03-22 Evangelical Fellowship of Canada, the Archdiocese of Vancouver, the Catholic Civil Rights League and the Canadian Alliance for Social Justice and Family Values Association
2002-03-22 Intervener's factum, Completed on: 2002-03-22 Evangelical Fellowship of Canada, the Archdiocese of Vancouver, the Catholic Civil Rights League and the Canadian Alliance for Social Justice and Family Values Association
2002-03-22 Book of authorities, Completed on: 2002-03-22 Families in Partnership
2002-03-22 Intervener's factum, Completed on: 2002-03-22 Families in Partnership
2002-03-22 Book of authorities, (joint authorities of EGALE Canada Inc. and Elementary Teachers' Federation of Ontario), Completed on: 2002-03-22 EGALE Canada Inc.
2002-03-22 Intervener's factum, Completed on: 2002-03-22 EGALE Canada Inc.
2002-03-22 Intervener's factum, Completed on: 2002-03-22 Elementary Teachers' Federation of Ontario
2002-03-22 Book of authorities, Completed on: 2002-03-22 British Columbia Civil Liberties Association
2002-03-22 Intervener's factum, Completed on: 2002-03-25 British Columbia Civil Liberties Association
2002-03-18 Notice of hearing, Session beginning on 2002-04-15 James Chamberlain
2002-03-08 Appeal hearing scheduled, 2002-06-12
Decision reserved
2002-03-06 Order on motion to state a constitutional question, (by the Chief Justice)
2002-03-06 Decision on the motion to state a constitutional question, CJ, The application by the appellants to state constitutional questions is denied.
Dismissed
2002-03-04 Decision on motion to extend time, Reg, to serve and file the respondent's record, factum and book of authorities to Feb. 25, 2002.
Granted
2002-03-04 Submission of motion to extend time, Reg
2002-02-22 Respondent's record, Vol. I to VII, Completed on: 2002-02-22 The Board of Trustees of School District # 36 (Surrey)
2002-02-22 Respondent's book of authorities, Completed on: 2002-02-22 The Board of Trustees of School District # 36 (Surrey)
2002-02-22 Respondent's factum, (See decision of March 4/02), Completed on: 2002-02-22 The Board of Trustees of School District # 36 (Surrey)
2002-02-21 Motion to extend time, to serve and file their Factum and Record to Feb. 25/02 (1 copy), Completed on: 2002-02-21 The Board of Trustees of School District # 36 (Surrey)
2002-02-20 Correspondence received from, J.J. Arvay dated Feb. 19/02 (by fax) re: service on all interveners to come James Chamberlain
2002-02-19 Appeal perfected for hearing, Session beginning on 2002-04-15
2002-02-18 Discontinuance of motion to strike out, (settlement reached between the parties) The Board of Trustees of School District no. 34 (Abbotsford)
2002-02-18 Correspondence received from, J.G. Dives dated Feb. 18/02 (by fax) re: in response to J. Arvay's letter dated Feb. 15/02 The Board of Trustees of School District # 36 (Surrey)
2002-02-18 Correspondence received from, J.J. Arvay dated Feb. 15/02 (by fax) re: in response to J.G. Dives' letter of Feb. 15/02 James Chamberlain
2002-02-18 Correspondence received from, H. Quinn dated Feb. 18/02 (by fax) re: changes to be made to Appellants' Factum and Record (service rec'd Feb. 21/02) James Chamberlain
2002-02-15 Correspondence received from, J.G. Dives dated Feb. 15/02 (by fax) re: in response to J. Arvay's letter dated Feb. 14/02 The Board of Trustees of School District # 36 (Surrey)
2002-02-15 Correspondence received from, J.J. Arvay dated Feb. 14/02 (by fax) re: Respondent's extension of time James Chamberlain
2002-02-12 Reply to motion to strike out, (Letter Form), from J. Dives dated Feb. 12, 2002 (fax copy), Completed on: 2002-02-12 The Board of Trustees of School District # 36 (Surrey)
2002-02-11 Response to motion to strike out, (Letter Form), from J. Arvay dated Feb. 8, 2002 (fax copy), Completed on: 2002-02-11 James Chamberlain
2002-02-06 Motion to strike out, (part of appellants' record and factum) - book form (settlement reached between the parties), Completed on: 2002-02-06 The Board of Trustees of School District # 36 (Surrey)
2002-02-05 Appellant's book of authorities, Vol. I to V (service missing on interveners - rec'd Feb. 22 and 28/02), Completed on: 2002-02-28 James Chamberlain
2002-01-21 Order on motion for leave to intervene, (BY THE JUDGE)
2002-01-21 Decision on the motion for leave to intervene, G, by the EGALE CANADA INC. The factum is limited to 20 pages. 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. 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 respondent any additional disbursements occasioned to the appellants and respondent by the interventions.
Granted
2002-01-21 Decision on the motion for leave to intervene, G, by the BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 34 (ABBOTSFORD). The factum is limited to 20 pages. 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. 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 respondent any additional disbursements occasioned to the appellants and respondent by the interventions.
Granted
2002-01-21 Decision on the motion for leave to intervene, G, by the CANADIAN CIVIL LIBERTIES ASSOCIATION. The factum is limited to 20 pages. 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. 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 respondent any additional disbursements occasioned to the appellants and respondent by the interventions.
Granted
2002-01-21 Decision on the motion for leave to intervene, G, by the FAMILIES IN PARTNERSHIP. The factum is limited to 20 pages. 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. 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 respondent any additional disbursements occasioned to the appellants and respondent by the interventions.
Granted
2002-01-21 Decision on the motion for leave to intervene, G, by the EVANGELICAL FELLOWSHIP OF CANADA ET AL. The joint factum is limited to 30 pages. 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. 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 respondent any additional disbursements occasioned to the appellants and respondent by the interventions.
Granted
2002-01-21 Decision on the motion for leave to intervene, G, by the BRITISH COLUMBIA CIVIL LIBERTIES ASSOCIATION. The factum is limited to 20 pages. 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. 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 respondent any additional disbursements occasioned to the appellants and respondent by the interventions.
Granted
2002-01-21 Decision on the motion for leave to intervene, G, by the ELEMENTARY TEACHERS' FEDERATION OF ONTARIO. The factum is limited to 20 pages. 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. 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 respondent any additional disbursements occasioned to the appellants and respondent by the interventions.
Granted
2002-01-21 Order on motion to strike out, (BY THE JUDGE)
2002-01-21 Decision on motion to strike out, G, by the respondent for an order striking out portions of the affidavits filed in support of the applications for leave to intervene of EGALE Canada Inc. and the Elementary Teachers' Federation of Ontario.
Dismissed, no order as to costs
2002-01-21 Submission of motion for leave to intervene, G
2002-01-21 Submission of motion to strike out, G
2002-01-16 Reply to motion to strike out, (3 copies), Completed on: 2002-01-16 The Board of Trustees of School District # 36 (Surrey)
2002-01-16 Submission of motion to state a constitutional question, CJ
2002-01-15 Correspondence received from, Vanessa Payne dated Jan. 15, 2002 (fax) re: issue of costs on the motion to strike should be reserved (original received on Jan. 17, 2002) EGALE Canada Inc.
2002-01-11 Correspondence received from, McCarthy Tétreault dated Jan. 11/02 to request an extension of time to reply The Board of Trustees of School District # 36 (Surrey)
2002-01-08 Response to motion to strike out, (book form), Completed on: 2002-01-08 Elementary Teachers' Federation of Ontario
2002-01-08 Response to motion to strike out, (book form), Completed on: 2002-01-08 EGALE Canada Inc.
2002-01-07 Reply to the motion for leave to intervene, (Letter Form), from J. Arvay dated Jan. 4, 2002 (fax copy), Completed on: 2002-01-07 James Chamberlain
2002-01-04 Correspondence received from, Chris W. Sanderson, Q.C. dated Jan. 4/02 to ask that paragraph 29 of his application for leave to intervene be struck British Columbia Civil Liberties Association
2002-01-04 Reply to the motion for leave to intervene, Completed on: 2002-01-04 British Columbia Civil Liberties Association
2002-01-04 Reply to the motion for leave to intervene, 3 copies, Completed on: 2002-01-04 Canadian Civil Liberties Association
2001-12-24 Appellant's record, Vol. I to XVII + Index (service missing on interveners - rec'd Feb. 22 and 28/02), Completed on: 2002-02-28 James Chamberlain
2001-12-24 Appellant's factum, (service missing on interveners - rec'd Feb. 22 and 28/02), Completed on: 2002-02-28 James Chamberlain
2001-12-24 Correspondence received from, V. Payne dated Dec. 24, 2001 (fax copy) re: will file a response to the respondent's motion on Jan. 9, 2002 EGALE Canada Inc.
2001-12-21 Response to the motion for leave to intervene, (Letter Form), from J. Arvay dated Dec. 21, 2001 (fax copy) re: intervention by Evangelical Fellowship, Completed on: 2001-12-21 James Chamberlain
2001-12-21 Response to the motion for leave to intervene, (responding to all interveners, except Ass. of Justices of the Peace) - 1 copy, book form, Completed on: 2001-12-21 The Board of Trustees of School District # 36 (Surrey)
2001-12-21 Motion to strike out, portions of affidavits in support of leave to intervene by Elementary Teachers' Fed. and EGALE - 1 copy, book form, Completed on: 2001-12-21 The Board of Trustees of School District # 36 (Surrey)
2001-12-20 Correspondence received from, J. Arvay dated Dec. 19, 2001 (fax copy) re: responding to C. Baxter's letter dated Dec. 12, 2001 (const. questions) James Chamberlain
2001-12-18 Response to the motion for leave to intervene, (Letter Form), from J. Arvay dated Dec. 14, 2001 (fax copy) re: intervention by Families in Partnership, Completed on: 2001-12-18 James Chamberlain
2001-12-17 Appeal court record, (1 envelope)
2001-12-17 Motion for leave to intervene, book form, Completed on: 2001-12-18 Evangelical Fellowship of Canada, the Archdiocese of Vancouver, the Catholic Civil Rights League and the Canadian Alliance for Social Justice and Family Values Association
2001-12-17 Motion for leave to intervene, 2 copies - book form, Completed on: 2001-12-18 Canadian Civil Liberties Association
2001-12-17 Motion for leave to intervene, book form, Completed on: 2001-12-17 Families in Partnership
2001-12-14 Motion for leave to intervene, book form, Incomplete The Board of Trustees of School District no. 34 (Abbotsford)
2001-12-13 Correspondence received from, C. Baxter dated Dec. 13, 2001 (fax copy) re: requesting an extension to Jan. 4, 2002 to file a response to the interveners The Board of Trustees of School District no. 34 (Abbotsford)
2001-12-13 Response to the motion to state a constitutional question, (Letter Form), from C. Baxter dated Dec. 12, 2001, Completed on: 2001-12-13 The Board of Trustees of School District # 36 (Surrey)
2001-12-12 Motion for leave to intervene, book form, Completed on: 2001-12-27 British Columbia Civil Liberties Association
2001-12-10 Motion for leave to intervene, book form, Completed on: 2001-12-10 Elementary Teachers' Federation of Ontario
2001-12-10 Motion for leave to intervene, book form, Completed on: 2001-12-10 EGALE Canada Inc.
2001-12-10 Motion to state a constitutional question, Completed on: 2001-12-10 James Chamberlain
2001-10-24 Order granting leave to appeal
2001-10-16 Notice of appeal, (sec. dep. no. 2597), Incomplete James Chamberlain
2001-10-09 Correspondence (sent by the Court) to, all parties; re: filing timetable / tentative hearing date
2001-10-05 Notice of deposit of judgment issued to all parties
2001-10-04 Decision on motion to extend time to file and /or serve the leave application
Granted, no order as to costs
2001-10-04 Judgment of the Court on the application for leave to appeal, The application for an extension of time is granted. The application for leave to appeal is granted with costs to the applicants in any event of the cause.
Granted, with costs to the applicant(s) in any event of the cause
2001-09-04 All materials on application for leave submitted to the Judges, L'HD Arb LeB
2001-09-04 Submission of motion to extend time to file and/ or serve the leave application, L'HD Arb LeB
2001-08-07 Reply to the motion to extend time to file and/ or serve the leave application, (included in the reply), Completed on: 2001-08-07 James Chamberlain
2001-08-07 Applicant's reply to respondent's argument, Completed on: 2001-08-07 James Chamberlain
2001-07-18 Response to the motion to extend the time to file and / or serve the leave application, (included in the response), Completed on: 2001-07-18 The Board of Trustees of School District # 36 (Surrey)
2001-07-18 Respondent's response on the application for leave to appeal, 2 vol., Completed on: 2001-07-18 The Board of Trustees of School District # 36 (Surrey)
2001-07-17 Letter acknowledging receipt of a complete application for leave to appeal
2001-06-12 Motion to extend the time to file and or serve the application for leave to appeal, (included in leave application), Completed on: 2001-06-12 James Chamberlain
2001-06-12 Application for leave to appeal, vol. 1 and 2 - (formal order of C.A. not signed) - (signed C/A Order filed June 29/01), Completed on: 2001-07-17 James Chamberlain

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
Chamberlain, James Appellant Active
Murray Warren, Diane Wilcott, Blaine Cook, by his Guardian Ad Litem, Sue Cook and Rosamund Elwin Appellant Active

v.

Main parties - Respondents
Name Role Status
The Board of Trustees of School District # 36 (Surrey) Respondent Active

Other parties

Other parties
Name Role Status
EGALE Canada Inc. Intervener Active
British Columbia Civil Liberties Association Intervener Active
Families in Partnership Intervener Active
The Board of Trustees of School District no. 34 (Abbotsford) Intervener Active
Elementary Teachers' Federation of Ontario Intervener Active
Canadian Civil Liberties Association Intervener Active
Evangelical Fellowship of Canada, the Archdiocese of Vancouver, the Catholic Civil Rights League and the Canadian Alliance for Social Justice and Family Values Association Intervener Active

Counsel

Party: Chamberlain, James

Counsel
Joseph J. Arvay, Q.C.
Catherine J. Parker
Arvay Finlay
400 - 888 Fort Street
Victoria, British Columbia
V8W 1H8
Telephone: (250) 388-6868
FAX: (250) 388-4456
Email: jarvay@arvayfinlay.com
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Murray Warren, Diane Wilcott, Blaine Cook, by his Guardian Ad Litem, Sue Cook and Rosamund Elwin

Counsel
Joseph J. Arvay, Q.C.
Catherine J. Parker
Arvay Finlay
400 - 888 Fort Street
Victoria, British Columbia
V8W 1H8
Telephone: (250) 388-6868
FAX: (250) 388-4456
Email: jarvay@arvayfinlay.com
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: The Board of Trustees of School District # 36 (Surrey)

Counsel
John G. Dives
Kevin L. Boonstra
Dives, Grauer & Harper
1400 - 1030 West Georgia Street
Vancouver, British Columbia
V6E 2Y3
Telephone: (604) 605-1400
FAX: (604) 605-1414
Email: jgd@dghcounsel.com
Agent
Colin S. Baxter
McCarthy Tétrault LLP
1400 - 40 Elgin Street
Ottawa, Ontario
K1R 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca

Party: EGALE Canada Inc.

Counsel
Cynthia Petersen
Kenneth W. Smith
Sack Goldblatt Mitchell
1130 - 20 Dundas St West
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6440
FAX: (416) 591-7333
Agent
Pamela J. MacEachern
Nelligan O'Brien Payne LLP
1900 - 66 Slater Street
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8220
FAX: (613) 788-3698

Party: British Columbia Civil Liberties Association

Counsel
Chris W. Sanderson, Q.C.
Keith B. Bergner
Christopher E. Gora
Lawson, Lundell
1600 - 925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 685-3456
FAX: (604) 669-1620
Email: csanderson@lawsonlundell.com
Agent
Sylvie Roussel
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Families in Partnership

Counsel
Susan Ursel
David A. Wright
Green & Chercover
30 St. Clair Avenue West, 10th Floor
Toronto, Ontario
M4V 3A1
Telephone: (416) 968-3333
FAX: (416) 968-0325
Agent
Eugene Meehan, Q.C.
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca

Party: The Board of Trustees of School District no. 34 (Abbotsford)

Counsel
Daniel Bennett
Paul A. Craven
Bull, Housser & Tupper
3000 - 1055 West Georgia Street West
Vancouver, British Columbia
V6E 3R3
Telephone: (604) 687-6575
FAX: (604) 641-4949
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: Elementary Teachers' Federation of Ontario

Counsel
Howard Goldblatt
Sack Goldblatt Mitchell
1130 - 20 Dundas Street West
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6422
FAX: (416) 591-7333
Agent
Pamela J. MacEachern
Nelligan O'Brien Payne LLP
1900 - 66 Slater Street
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8220
FAX: (613) 788-3698

Party: Canadian Civil Liberties Association

Counsel
Andrew K. Lokan
Stephen L. McCammon
Paliare, Roland, Rosenberg, Rothstein, LLP
501 - 250 University Avenue
Toronto, Ontario
M5H 3E5
Telephone: (416) 646-4300
FAX: (416) 646-4301
Email: andrew.lokan@paliareroland.com
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: Evangelical Fellowship of Canada, the Archdiocese of Vancouver, the Catholic Civil Rights League and the Canadian Alliance for Social Justice and Family Values Association

Counsel
D. Geoffrey G. Cowper, Q.C.
Cindy Silver
Fasken Martineau DuMoulin
2100 - 1075 Georgia St. W
Vancouver, British Columbia
V6E 3G2
Telephone: (604) 631-3131
FAX: (604) 632-3232
Agent
Jeffrey W. Beedell
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca

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

December 16, 1998
Supreme Court of British Columbia

A972046

Application granted

September 20, 2000
Court of Appeal for British Columbia (Vancouver)

CA025465

Appeal allowed

April 17, 2001
Court of Appeal for British Columbia (Vancouver)

CA025465

re: costs

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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