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.
30909
Council of Canadians with Disabilities v. Via Rail Canada Inc.
(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) |
|---|---|---|
| 2007-05-03 | Appeal closed | |
| 2007-03-26 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-03-26 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2007-03-23 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Federal Court of Appeal, Number A-238-04, 2005 FCA 79, dated March 2, 2005, heard on May 19, 2006, is allowed and the Agency's Decisions No. 175-AT-R-2003 and No. 620-AT-R-2003 are restored, with costs throughout. Binnie, Deschamps, Fish and Rothstein JJ. are dissenting. Allowed, with costs |
|
| 2006-06-08 | Transcript received, (98 pages) | |
| 2006-05-19 | Judgment reserved OR rendered with reasons to follow | |
| 2006-05-19 | Acknowledgement and consent for video taping of proceedings | |
| 2006-05-19 |
Hearing of the appeal, 2006-05-19, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2006-05-19 | Respondent's condensed book, 14 copies - distributed in Court. | Via Rail Canada Inc. |
| 2006-05-19 | Appellant's condensed book, 14 copies - distributed in Court. | Council of Canadians with Disabilities |
| 2006-05-17 | Notice of appearance, Leslie Reaume and Philippe Dufresne will be present at the hearing. | Canadian Human Rights Commission |
| 2006-05-16 | Notice of appearance, Counsel will not be appearing. | Ontario Human Rights Commission |
| 2006-05-12 | Notice of appearance, Counsel will not be appearing. | DisAbled Women's Network Canada |
| 2006-05-12 | Notice of appearance, Inge Green and Elizabeth Barker will be appearing. | Canadian Transportation Agency |
| 2006-05-12 | Notice of appearance, David Baker and Sarah Godwin will be appearing. | Council of Canadians with Disabilities |
| 2006-05-10 |
Order by, Cha, FURTHER TO THE ORDER of Charron J. dated April 18, 2006, granting leave to intervene to the Transportation Action Now, Alliance for Equality of Blind Canadians, Canadian Association for Community Living and Canadian Hard of Hearing Association, by the Canadian Association of Independent Living Centres, by the DisAbled Women's Network Canada, by the Commission des droits de la personne et des droits de la jeunesse, by the Ontario Human Rights Commission, by the Manitoba Human Rights Commission and Saskatchewan Human Rights Commission and by the Canadian Human Rights Commission; IT IS HEREBY FURTHER ORDERED THAT: 1) the intervener, Canadian Human Rights Commission is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. 2) the intervener, Canadian Transportation Agency, is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. 3) all other interveners shall not be permitted to present oral argument at the hearing of the appeal. Allowed in part |
|
| 2006-05-09 | Correspondence received from, H. Schwartz re: confirming article included at Tab 1 of factum is now published and enclosing copy of the published version | Ontario Human Rights Commission |
| 2006-05-08 | Appellant's record, Supplemental record (12 copies), Completed on: 2006-05-08 | Council of Canadians with Disabilities |
| 2006-05-08 | Notice of appearance, David Baker and Sarah Goodwin will be appearing. | Council of Canadians with Disabilities |
| 2006-05-04 | Book of authorities, (service done by fax and courier - proof of delivery requested), Completed on: 2006-05-10 | Canadian Transportation Agency |
| 2006-05-04 |
Intervener's factum, (affidavit of service done by fax and courier - proof of delivery requested) (CD rec'd May 8/06 - New CD rec'd May 16/06), Completed on: 2006-05-16 |
Canadian Transportation Agency |
| 2006-05-03 | Notice of appearance, John A. Campion, Robin P. Roddey, Annie M.K. Finn and Carole MacKaay will be appearing. | Via Rail Canada Inc. |
| 2006-05-01 | Book of authorities, Completed on: 2006-05-01 | Transportation Action Now (TAN), Alliance for Equality of Blind Canadians (AEBC), Canadian Association for Community Living (CACL) and Canadian Hard of Hearing Association (CHHA) |
| 2006-05-01 | Intervener's factum, (CD missing - Rec'd May 2, 2006), Completed on: 2006-05-02 | Transportation Action Now (TAN), Alliance for Equality of Blind Canadians (AEBC), Canadian Association for Community Living (CACL) and Canadian Hard of Hearing Association (CHHA) |
| 2006-05-01 | Book of authorities, Served copy missing - Rec'd on May 5, 2006, Completed on: 2006-05-05 | Manitoba Human Rights Commission and Saskatchewan Human Rights Commission |
| 2006-05-01 | Intervener's factum, Service on interveners missing - Rec'd on May 5, 2006, Completed on: 2006-05-05 | Manitoba Human Rights Commission and Saskatchewan Human Rights Commission |
| 2006-05-01 | Intervener's factum, Missing service on interveners - Rec'd on May 5, 2006 - CD rec'd May 3/06 - New CD rec'd May 10/06, Completed on: 2006-05-10 | Ontario Human Rights Commission |
| 2006-05-01 | Book of authorities, Completed on: 2006-05-01 | DisAbled Women's Network Canada |
| 2006-05-01 | Intervener's factum, Completed on: 2006-05-01 | DisAbled Women's Network Canada |
| 2006-05-01 | Book of authorities, (Vol. I and II), Completed on: 2006-05-01 | Canadian Association of Independent Living Centres (CAILC) |
| 2006-05-01 | Intervener's factum, (nes CD rec'd May 10/06), Completed on: 2006-05-10 | Canadian Association of Independent Living Centres (CAILC) |
| 2006-05-01 | Book of authorities, Completed on: 2006-05-01 | Commission des droits de la personne et des droits de la jeunesse |
| 2006-05-01 | Intervener's factum, Completed on: 2006-05-01 | Commission des droits de la personne et des droits de la jeunesse |
| 2006-05-01 | Book of authorities, Completed on: 2006-05-25 | Canadian Human Rights Commission |
| 2006-05-01 | Intervener's factum, service on B&R, CTA and CD rec'd May 4/06, Completed on: 2006-05-04 | Canadian Human Rights Commission |
| 2006-04-28 | Correspondence received from, Confirming agent Michelle Flaherty | Council of Canadians with Disabilities |
| 2006-04-21 | Appellant's book of authorities, pursuant to rule 29(4), Completed on: 2006-04-21 | Council of Canadians with Disabilities |
| 2006-04-21 | Reply factum on appeal, pursuant to Rule 29(4), Completed on: 2006-04-25 | Council of Canadians with Disabilities |
| 2006-04-20 | Order on motion to add or substitute parties | |
| 2006-04-20 |
Decision on motion to add or substitute parties, -- to add the Canadian Transportation Agency as an intervener, Reg Granted |
|
| 2006-04-20 | Submission of motion to add or substitute parties, Reg | |
| 2006-04-19 | Letter sent to Intervener(s) | |
| 2006-04-18 | Order on motion for leave to intervene, (BY CHARRON J.) | |
| 2006-04-18 |
Decision on the motion for leave to intervene, (revised May 9/06), Cha, The motion for leave to intervene of the applicant, the Transportation Action Now, Alliance for Equality of Blind Canadians, Canadian Association for Community Living and Canadian Hard of Hearing Association, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before May 1, 2006. The motion for leave to intervene of the applicant, the Canadian Association of Independent Living Centres, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before May 1, 2006. The motion for leave to intervene of the applicant, the DisAbled Women's Network Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before May 1, 2006. The motion for leave to intervene of the applicant, the Commission des droits de la personne et des droits de la jeunesse, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before May 1, 2006. The motion for leave to intervene of the applicant, the Ontario Human Rights Commission, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before May 1, 2006. The motion for leave to intervene of the applicant, the Manitoba Human Rights Commission and Saskatchewan Human Rights Commission, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before May 1, 2006. The motion for leave to intervene of the applicant, the Canadian Human Rights Commission, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before May 1, 2006. The requests to present oral argument are 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 raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. Granted |
|
| 2006-04-18 | Submission of motion for leave to intervene, Cha | |
| 2006-04-12 | Response to motion to add or substitute parties, (Letter Form), from Lang Michener re: consent to add Canadian Transportation Agency as a party, Completed on: 2006-04-12 | Via Rail Canada Inc. |
| 2006-04-07 | Respondent's book of authorities, Completed on: 2006-04-07 | Via Rail Canada Inc. |
| 2006-04-07 | Correspondence received from, Lang Michener re: Rule 29(3) sent to the Court with the Respondent's factum (c.c. to all parties) | Via Rail Canada Inc. |
| 2006-04-07 | Respondent's factum, (Rule 29(3) included at par. 47 and 48 - CD rec'd Apr. 11/06), Completed on: 2006-04-12 | Via Rail Canada Inc. |
| 2006-04-07 | Appeal perfected for hearing | |
| 2006-04-03 | Response to motion to add or substitute parties, (included in the motion), Completed on: 2006-04-03 | Canadian Transportation Agency |
| 2006-04-03 | Motion to add or substitute parties, (to add Canadian Transportation Agency as an intervener) - book form, Completed on: 2006-04-07 | Council of Canadians with Disabilities |
| 2006-03-27 | Reply to the motion for leave to intervene, Completed on: 2006-03-27 | Transportation Action Now (TAN), Alliance for Equality of Blind Canadians (AEBC), Canadian Association for Community Living (CACL) and Canadian Hard of Hearing Association (CHHA) |
| 2006-03-23 | Reply to the motion for leave to intervene, (Letter Form), from M. Buckley dated March 23, 2006 (fax copy), Completed on: 2006-03-23 | DisAbled Women's Network Canada |
| 2006-03-20 | Response to the motion for leave to intervene, (Letter Form), from J. Campion dated March 20, 2006 re: responding to seven interventions, Completed on: 2006-03-20 | Via Rail Canada Inc. |
| 2006-03-20 | Response to the motion for leave to intervene, from D. Baker (fax copy) re: consent to all interveners but does not consent to the provision of the Appellant's materials to CAILC at no charge, Completed on: 2006-03-20 | Council of Canadians with Disabilities |
| 2006-03-10 | Motion for leave to intervene, Completed on: 2006-03-16 | Manitoba Human Rights Commission and Saskatchewan Human Rights Commission |
| 2006-03-10 | Notice of hearing sent to parties | |
| 2006-03-10 | Motion for leave to intervene, book form, Completed on: 2006-03-10 | Commission des droits de la personne et des droits de la jeunesse |
| 2006-03-10 | Motion for leave to intervene, book form, Completed on: 2006-03-10 | DisAbled Women's Network Canada |
| 2006-03-10 | Motion for leave to intervene, book form, Completed on: 2006-03-16 | Canadian Association of Independent Living Centres (CAILC) |
| 2006-03-10 |
Appeal hearing scheduled, 2006-05-19 Judgment reserved |
|
| 2006-03-09 | Motion for leave to intervene, (book form), Completed on: 2006-03-09 | Canadian Human Rights Commission |
| 2006-03-09 | Motion for leave to intervene, (book form), Completed on: 2006-03-09 | Ontario Human Rights Commission |
| 2006-03-08 | Motion for leave to intervene, book form, Completed on: 2006-03-08 | Transportation Action Now (TAN), Alliance for Equality of Blind Canadians (AEBC), Canadian Association for Community Living (CACL) and Canadian Hard of Hearing Association (CHHA) |
| 2006-02-10 | Appellant's record, (Vol. I to XXIV), Completed on: 2006-02-10 | Council of Canadians with Disabilities |
| 2006-02-10 | Appellant's book of authorities, Vol. I and II, Completed on: 2006-02-10 | Council of Canadians with Disabilities |
| 2006-02-10 | Appellant's factum, CD missing - rec'd Feb. 23/06 (page 40 added to factum and served on Feb. 17/06), Completed on: 2006-02-23 | Council of Canadians with Disabilities |
| 2005-12-19 | Notice of appeal, Completed on: 2005-12-19 | Council of Canadians with Disabilities |
| 2005-11-22 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2005-11-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-11-18 | Judgment on leave sent to the parties | |
| 2005-11-17 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-238-04, 2005 FCA 79, dated March 2, 2005, is granted with costs to the Applicant in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2005-10-11 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2005-06-06 | Applicant's reply to respondent's argument, Completed on: 2005-06-06 | Council of Canadians with Disabilities |
| 2005-05-26 | Respondent's response on the application for leave to appeal, Completed on: 2005-05-26 | Via Rail Canada Inc. |
| 2005-05-06 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-05-06 | Correspondence received from, (Letter Form), David Baker dated May 4, 2005. Re: No Publication Ban | Council of Canadians with Disabilities |
| 2005-05-02 | Appeal Court record, 13 volumes and Supplementary book filed (3 copies) | |
| 2005-05-02 | Book of authorities | Council of Canadians with Disabilities |
| 2005-05-02 | Application for leave to appeal, Completed on: 2005-05-06 | Council of Canadians with Disabilities |
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 |
|---|---|---|
| Council of Canadians with Disabilities | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Via Rail Canada Inc. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Transportation Agency | Intervener | Active |
| Transportation Action Now (TAN), Alliance for Equality of Blind Canadians (AEBC), Canadian Association for Community Living (CACL) and Canadian Hard of Hearing Association (CHHA) | Intervener | Active |
| Canadian Association of Independent Living Centres (CAILC) | Intervener | Active |
| DisAbled Women's Network Canada | Intervener | Active |
| Commission des droits de la personne et des droits de la jeunesse | Intervener | Active |
| Ontario Human Rights Commission | Intervener | Active |
| Manitoba Human Rights Commission and Saskatchewan Human Rights Commission | Intervener | Active |
| Canadian Human Rights Commission | Intervener | Active |
Counsel
Party: Council of Canadians with Disabilities
Counsel
Sarah Godwin
672 Dupont Street
Suite 400
Toronto, Ontario
M6G 1Z6
Telephone: (416) 533-0040 Ext: 222
FAX: (416) 533-0050
Email: dbaker@bakerlaw.ca
Agent
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327 Ext: 2451
FAX: (613) 235-3041
Email: fionacampbell@sgmlaw.com
Party: Via Rail Canada Inc.
Counsel
John A. Campion
Robin P. Roddey
Annie M.K. Finn
66 Wellington Street West, 42nd Floor
P.O. Box 20, Toronto Dominion Centre
Toronto, Ontario
M5K 1N6
Telephone: (416) 865-4357
FAX: (416) 364-7813
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Canadian Transportation Agency
Counsel
Elizabeth Barker
15 Eddy Street
19th Floor
Gatineau, Quebec
K1A 0N9
Telephone: (819) 953-0611
FAX: (819) 953-9269
Party: Transportation Action Now (TAN), Alliance for Equality of Blind Canadians (AEBC), Canadian Association for Community Living (CACL) and Canadian Hard of Hearing Association (CHHA)
Counsel
Lana Kerzner
425 Bloor Street East
Suite
Toronto, Ontario
M4W 3R5
Telephone: (416) 482-8255
FAX: (416) 482-2981
Email: mcallid@lao.co.ca
Agent
1420 - 99 Bank Street
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: scott.mclean@fmc-law.com
Party: Canadian Association of Independent Living Centres (CAILC)
Counsel
Paul-Claude Bérubé (Bérubé & Pion)
Suite 310 - 101 Syndicate Avenue North
Thunder Bay, Ontario
P7C 3V4
Telephone: (807) 622-9191
FAX: (807) 622-9699
Email: shannonlaw@tbaytel.net
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: DisAbled Women's Network Canada
Counsel
Fiona Sampson
Vancouver, British Columbia
V6L 1T9
Telephone: (604) 731-7085
FAX: (604) 731-7085
Email: mbuckley@telus.net
Agent
World Exchange Plaza
1100 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: cbrown@blgcanada.com
Party: Commission des droits de la personne et des droits de la jeunesse
Counsel
Stéphanie Fournier
360, rue St-Jacques O.
Bureau 310
Montréal, Quebec
H2Y 1P5
Telephone: (514) 873-5146 Ext: 208
FAX: (514) 864-7982
Agent
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com
Party: Ontario Human Rights Commission
Counsel
Eric del Junco
Sylvia Davis
Legal Services Branch
180 Dundas Street West, 8th Floor
Toronto, Ontario
M7A 2R9
Telephone: (416) 326-9858
FAX: (416) 326-9867
Agent
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: Manitoba Human Rights Commission and Saskatchewan Human Rights Commission
Counsel
7th Floor - 175 Hargrave Street
Winnipeg, Manitoba
R3C 3R8
Telephone: (204) 945-3016
FAX: (204) 945-1292
Email: slugtig@gov.mb.ca
Agent
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: Canadian Human Rights Commission
Counsel
Philippe Dufresne
344 Slater Street, 8th Floor
Ottawa, Ontario
K1A 1E1
Telephone: (613) 943-9159
FAX: (613) 993-3089
Email: leslie.reaume@chrc-ccdp.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.
Administrative law - Human Rights law - Natural justice - Duty to accommodate - Costs - Did the Federal Court of Appeal err in law by evaluating “undueness” in Part V of the Canada Transportation Act in a manner incompatible with the unified approach to equality established by the Supreme Court of Canada in Meiorin? - Did the Federal Court of Appeal err in law by requiring as matter of natural justice or procedural fairness that the Agency conduct a trifurcated hearing process, and by imposing on the Agency the responsibility for inviting respondents to make submissions on costs and methods of accommodation.
The Canadian Transportation Agency rendered preliminary and final decisions which found that VIA’s Renaissance passenger rail cars constituted undue obstacles to the mobility of persons in wheelchairs. On appeal to the Federal Court of Appeal, VIA argued that the Agency lacked jurisdiction to consider the existence of obstacles because there had been no actual incident in which a disabled person had encountered an undue obstacle with respect to his or her mobility. VIA also argued that the Agency erred in failing to consider whether an undue obstacle existed in the network as a whole. After the Agency issued its final decision, VIA obtained a detailed estimate of the cost of the changes directed by the Agency from a train expert at Bombardier. The expert estimated these costs at $48 million. The Federal Court of Appeal allowed the appeal in part and referred the matter back to the Agency for reconsideration.
Lower court rulings
Canadian Transportation Agency
14 of 46 concerns raised by Appellants about features of Renaissance cars found to be "undue obstacles" (preliminary findings)
Canadian Transportation Agency
Final derterminations; directed VIA to take corrective measures by re-designing and re-construction; 60 days to submit plan.
Federal Court of Appeal
03-A-61
Leave to appeal from both Agency decisions granted
Federal Court of Appeal
A-238-04, 2005 FCA 79
Appeal allowed; matter referred back to Agency for reconsideration
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
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
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