Docket

33039

Hazel Ruth Withler, et al. v. Attorney General of Canada

(British Columbia) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2011-04-01 Appeal closed
2011-03-07 Formal judgment sent to the registrar of the court of appeal and all parties
2011-03-07 Judgment on appeal and notice of deposit of judgment sent to all parties
2011-03-04 Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA033785, 2008 BCCA 539, dated December 23, 2008, heard on March 17, 2010 is dismissed. The constitutional questions are answered as follows:

1. Do s. 47(1) of the Public Service Superannuation Act, R.S.C. 1985, c. P-36, and ss. 15 and 16 of the Supplementary Death Benefits Regulations, C.R.C., c. 1360, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms?
Answer: No.
2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
Answer: It is not necessary to answer this question.
3. Do s. 60(1) of the Canadian Forces Superannuation Act, R.S.C. 1985, c. C-17, and s. 52 of the Canadian Forces Superannuation Regulations, C.R.C., c. 396, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms?
Answer: No.
4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
Answer: It is not necessary to answer this question.

Dismissed
2010-04-06 Transcript received, (67 pages)
2010-03-17 Judgment reserved OR rendered with reasons to follow
2010-03-17 Respondent's condensed book, Submitted in Court (14 copies) Attorney General of Canada
2010-03-17 Appellant's condensed book, Submitted in Court (14 copies) Hazel Ruth Withler
2010-03-17 Acknowledgement and consent for video taping of proceedings, From all parties
2010-03-17 Hearing of the appeal, 2010-03-17, CJ Bi LeB De F Abe Cha Ro Cro
Judgment reserved
2010-03-15 Correspondence received from, Joseph Arvay dated March 12, 2010. Re: Missing page in transcript will be included in condensed book Hazel Ruth Withler
2010-03-12 Correspondence received from, Jeff Beedell by e-mail, re.: request for 5 reserved seats at the hearing Hazel Ruth Withler
2010-03-08 Correspondence received from, K. de La Durantaye by e-mail, re.: request of 3 reserved seats at the hearing Attorney General of Canada
2010-03-08 Order by, Cro, FURTHER TO THE ORDER dated December 29, 2009, granting leave to intervene to the Women's Legal Education and Action Fund;
IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal
Granted
2010-03-03 Notice of appearance, Daphne Gilbert and Joanna Redbord will be present at the hearing. Women's Legal Education and Action Fund
2010-03-03 Notice of appearance, Robert Charney and Matthew Horner will be present at the hearing. Attorney General of Ontario
2010-03-02 Notice of appearance, Joseph Arvay, John Kleefeld and Elin Sigurdson will be present at the hearing. Hazel Ruth Withler
2010-03-02 Notice of appearance, Donald Rennie, Sharlene Telles-Langdon and Dale Yurka will be present at the hearing. Attorney General of Canada
2010-03-01 Order on motion to extend time
2010-03-01 Decision on motion to extend time, to serve and file the appellants' reply factum to Feb. 12/10, Reg
Granted, no order as to costs
2010-03-01 Intervener's book of authorities, CD missing - Rec'd March 2, 2010 (2 volumes), Completed on: 2010-03-02 Women's Legal Education and Action Fund
2010-03-01 Intervener's factum, CD missing - Rec'd on March 2, 2010, Completed on: 2010-03-02 Women's Legal Education and Action Fund
2010-02-26 Submission of motion to extend time, Reg
2010-02-11 Response to motion to extend time, email from Dale Yurka dated Jan. 26/10, Completed on: 2010-02-11 Attorney General of Canada
2010-02-11 Motion to extend time, to serve and file the appellants' reply factum pursuant to rule 29(4) to Feb. 12/10, Completed on: 2010-02-11 Hazel Ruth Withler
2010-02-11 Reply factum on appeal, Pursuant to rule 29(4), Completed on: 2010-02-11 Hazel Ruth Withler
2010-02-10 Notice of change of counsel, Cynthia Petersen of Sack Goldblatt Mitchell LLP is replaced by Daphne Gilbert and Joanna Radbord Women's Legal Education and Action Fund
2010-02-04 Intervener's book of authorities, Completed on: 2010-02-04 Attorney General of Ontario
2010-02-04 Intervener's factum - AG on constitutional question, Completed on: 2010-02-04 Attorney General of Ontario
2010-01-11 Respondent's book of authorities, Vol. 1 to 3, Completed on: 2010-01-11 Attorney General of Canada
2010-01-11 Respondent's record, Vol. 1 and 2, Completed on: 2010-01-11 Attorney General of Canada
2010-01-11 Respondent's factum, Completed on: 2010-01-11 Attorney General of Canada
2010-01-08 Notice of withdrawal, of the intervener (Attorney General of Alberta) Attorney General of Alberta
2009-12-29 Order on motion for leave to intervene, (BY CROMWELL J.)
2009-12-29 Decision on the motion for leave to intervene, Cro, The motion for leave to intervene of the Women’s Legal Education and Action Fund is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before March 1, 2010.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener.
The intervener 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) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by its intervention.
Granted
2009-12-29 Submission of motion for leave to intervene, Cro
2009-12-29 Appeal perfected for hearing
2009-12-04 Reply to the motion for leave to intervene, (bookform), Completed on: 2009-12-04 Women's Legal Education and Action Fund
2009-11-30 Respondent's book of authorities, ON MOTION for leave to intervene, Completed on: 2009-11-30 Attorney General of Canada
2009-11-30 Response to the motion for leave to intervene, (bookform), Completed on: 2009-11-30 Attorney General of Canada
2009-11-25 Notice of hearing sent to parties
2009-11-24 Appeal hearing scheduled, 2010-03-17, (Starting time 9:00 a.m.)
Judgment reserved
2009-11-23 Intervener's book of authorities, ON MOTION for leave to intervene, Completed on: 2009-11-23 Women's Legal Education and Action Fund
2009-11-23 Motion for leave to intervene, (bookform), Completed on: 2009-11-23 Women's Legal Education and Action Fund
2009-11-20 Response to the motion for leave to intervene, (Letter Form), from Jeffrey Beedell dated Nov. 20/09, Completed on: 2009-11-20 Hazel Ruth Withler
2009-10-29 Order on miscellaneous motion
2009-10-29 Decision on miscellaneous motion, permitting the appellants to reproduce excerpts of exhibits (Exhibit 12 and Exhibit 13) in its record; and permitting the respondent to reproduce excerpts exhibits (Exhibit 12 and Exhibit 13) in its record, Reg
Granted
2009-10-29 Submission of miscellaneous motion, Reg
2009-10-28 Appellant's book of authorities, Completed on: 2009-10-28 Hazel Ruth Withler
2009-10-28 Appellant's record, (6 volumes), Completed on: 2009-10-28 Hazel Ruth Withler
2009-10-28 Appellant's factum, Completed on: 2009-10-28 Hazel Ruth Withler
2009-10-09 Notice of miscellaneous motion, to be permitted to reproduce Exhibits 12 and 13 in part only in the Appellants' Record (bookform), Completed on: 2009-10-09 Hazel Ruth Withler
2009-09-03 Notice of intervention respecting a constitutional question Attorney General of Alberta
2009-09-03 Notice of intervention respecting a constitutional question Attorney General of Ontario
2009-08-07 Notice of constitutional question(s) Hazel Ruth Withler
2009-08-05 Order on motion to state a constitutional question
2009-08-05 Decision on the motion to state a constitutional question, UPON APPLICATION by the appellants for an order stating constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOWS:
1. Do s. 47(1) of the Public Service Superannuation Act, R.S.C. 1985, c. P-36, and ss. 15 and 16 of the Supplementary Death Benefits Regulations, C.R.C., c. 1360, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms?
2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
3. Do s. 60(1) of the Canadian Forces Superannuation Act, R.S.C. 1985, c. C-17, and s. 52 of the Canadian Forces Superannuation Regulations, C.R.C. c. 396, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms?
4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
Granted
2009-07-23 Submission of motion to state a constitutional question
2009-07-10 Reply to the motion to state a constitutional question, (bookform), Completed on: 2009-07-10 Hazel Ruth Withler
2009-07-06 Response to the motion to state a constitutional question, (bookform), Completed on: 2009-07-06 Attorney General of Canada
2009-06-26 Motion to state a constitutional question, Completed on: 2009-06-29 Hazel Ruth Withler
2009-06-26 Notice of appeal, Completed on: 2009-06-26 Hazel Ruth Withler
2009-06-03 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2009-05-29 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2009-05-29 Judgment on leave sent to the parties
2009-05-28 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA033785, 2008 BCCA 539, dated December 23, 2008, is granted without costs.
Granted, without costs
2009-04-27 All materials on application for leave submitted to the Judges, LeB De Cro
2009-04-02 Applicant's reply to respondent's argument, Completed on: 2009-04-02 Hazel Ruth Withler
2009-03-23 Respondent's response on the application for leave to appeal, Completed on: 2009-03-23 Attorney General of Canada
2009-03-04 Correspondence received from, Joseph Arvay dated March 3, 2009. Re: Return of the C/A order form Hazel Ruth Withler
2009-02-24 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order
2009-02-20 Book of authorities Hazel Ruth Withler
2009-02-20 Application for leave to appeal, Missing C/A order - Rec'd on March 17, 2009, Completed on: 2009-03-18 Hazel Ruth Withler
 

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