Case information
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33711
Edward Ring, Sr., et al. v. Attorney General of Canada, et al.
(Newfoundland & Labrador) (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) |
|---|---|---|
| 2011-03-07 | Close file on Leave | |
| 2011-02-04 | Certificate of taxation issued to, Peter N. Mantas | |
| 2011-01-27 | Decision on the bill of costs, in the amount of $2,340.46, Reg | |
| 2011-01-27 | Submission of the bill of costs, Reg | |
| 2010-11-29 | Bill of costs, Completed on: 2010-11-29 | Pharmacia Corporation |
| 2010-10-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-10-22 | Judgment on leave sent to the parties | |
| 2010-10-21 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Supreme Court of Newfoundland and Labrador - Court of Appeal, Numbers 07/64, 07/65 and 07/66, 2010 NLCA 20, dated March 22, 2010 is dismissed with costs to Pharmacia Corporation. Dismissed, with costs |
|
| 2010-08-23 | All materials on application for leave submitted to the Judges, CJ Abe Cro | |
| 2010-06-17 | Book of authorities | Dow Chemical Company |
| 2010-06-17 | Respondent's response on the application for leave to appeal, CA judgment 2010 NLCA 20 is incl., Completed on: 2010-06-17 | Dow Chemical Company |
| 2010-06-16 | Book of authorities, (2 volumes) | Pharmacia Corporation |
| 2010-06-16 | Respondent's response on the application for leave to appeal, Service missing - Rec'd on June 21, 2010, Completed on: 2010-06-21 | Pharmacia Corporation |
| 2010-06-15 | Respondent's response on the application for leave to appeal, Completed on: 2010-06-15 | Attorney General of Canada |
| 2010-05-20 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2010-05-18 | Application for leave to appeal, no CA reasons-rec'd May 21, 2010 and proof of service missing - service rec'd by e-mail May 20, 2010-see Dow's response for CA judgment, Completed on: 2010-05-27 | Edward Ring, Sr. |
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 |
|---|---|---|
| Ring, Sr., Edward | Applicant | Active |
| Williams, Mary | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
| Minister of National Defence | Respondent | Active |
| Dow Chemical Company | Respondent | Active |
| Pharmacia Corporation | Respondent | Active |
Counsel
Party: Ring, Sr., Edward
Counsel
100 - 2401 Saskatchewan Drive
Regina, Saskatchewan
S4P 4H8
Telephone: (306) 359-7777
FAX: (306) 522-3299
Email: emerchant@mlg.saskatoon.sk.ca
Party: Williams, Mary
Counsel
100 - 2401 Saskatchewan Drive
Regina, Saskatchewan
S4P 4H8
Telephone: (306) 359-7777
FAX: (306) 522-3299
Email: emerchant@mlg.saskatoon.sk.ca
Party: Attorney General of Canada
Counsel
Peter Barber
Robert Drummond
211, 10199 - 101 Street
Edmonton, Alberta
T5J 3Y4
Telephone: (780) 495-2975
FAX: (780) 495-3834
Email: catherine.coughlan@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Minister of National Defence
Counsel
Peter Barber
Robert Drummond
211, 10199 - 101 Street
Edmonton, Alberta
T5J 3Y4
Telephone: (780) 495-2975
FAX: (780) 495-3834
Email: catherine.coughlan@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Dow Chemical Company
Counsel
Alan H. Mark
D. Michael Brown
Jennifer Teskey
10 Fort William Place
5th Floor, Baine Johnson Centre
St John's, Newfoundland & Labrador
A1C 5X4
Telephone: (709) 722-8735
FAX: (709) 722-1763
Email: david.eaton@mcinnescooper.com
Agent
1500 - 45, O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Email: sgomery@ogilvyrenault.com
Party: Pharmacia Corporation
Counsel
Ivan G. Whitehall, Q.C.
Alyssa Tomkins
Cabot Place, 100 New Gower Street
P.O. Box 5038
St. John's, Newfoundland & Labrador
A1C 5V3
Telephone: (709) 570-8879
FAX: (709) 722-4565
Email: dboone@smss.com
Agent
55 Metcalfe Street, Suite 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-1668
FAX: (613) 236-9632
Email: pmantas@heenan.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.
Civil procedure - Class actions - Certification - Whether the Court of Appeal erred in law in overturning the decision to allow a claim for medical testing to advance to trial for determination on a full record.
From 1956 to 2004, the Federal government, through the Department of National Defence authorized the spraying chemical compounds to defoliate certain areas of CFB Gagetown in New Brunswick. The applicants are representative plaintiffs who sought certification of their action against the government for damages for personal injuries allegedly suffered as a result of that spraying. The proposed class is comprised of those persons who were exposed to the chemical compounds during the relevant period and who either developed malignant lymphomas or other diseases or who were asymptomatic but could develop similar diseases. They allege that the spraying of chemicals created an unreasonable risk of contracting cancers for individuals present at CFB Gagetown. The asymptomatic proposed plaintiffs' claim is for funding for medical testing.
Lower court rulings
Supreme Court of Newfoundland & Labrador, Trial Division
2006 01T 2880 CP, 2007 NLTD 146
Action is certified as a class action
Supreme Court of Newfoundland and Labrador - Court of Appeal
07/64, 07/65, 07/66, 2010 NLCA 20
Appeal allowed
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
Not available