Case information
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28372
Donald Martin v. Workers' Compensation Board of Nova Scotia, et al.
(Nova Scotia) (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) |
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2004-01-26 | Payment out cheque issued, ($531.51) | |
2004-01-13 |
Approved order for payment out, Consent Order - joint with 28370 (sent to Finance Jan. 16/04) |
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2003-11-19 | Record returned to the Registrar of the Court of Appeal | |
2003-10-15 | Appeal closed | |
2003-10-06 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
2003-10-03 |
Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeals from the judgments of the Nova Scotia Court of Appeal, Numbers CA162160, CA162130 and CA162161, dated November 8, 2000, heard on December 9, 2002, are allowed. (see long version) Allowed |
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2002-12-24 | Transcript received, joint with/avec 28372 | |
2002-12-09 | Appellant's condensed book, joint with/avec 28370 | Donald Martin |
2002-12-09 | Supplemental document, joint with/avec 28370 | Nova Scotia Workers' Compensation Appeals Tribunal |
2002-12-09 | Acknowledgement and consent for video taping of proceedings, (joint with/avec 28370) | |
2002-12-09 | Judgment reserved OR rendered with reasons to follow | |
2002-12-09 | Hearing of the appeal, 2002-12-09, CJ G Ia Ma Ba Bi Arb LeB De | |
2002-12-06 | Respondent's condensed book, joint with/avec 28370 | Workers' Compensation Board of Nova Scotia |
2002-12-05 | Correspondence received from, Gowlings re: enclosing p. 723 missing from Tab 19 of Authorities - joint with 28372 / incluant p. 723 manquante de l'onglet 19 des autorités - joint avec 28372 | Workers' Compensation Board of Nova Scotia |
2002-11-19 | Correspondence received from, Brian Crane; re: hearing format of the appeals | Workers' Compensation Board of Nova Scotia |
2002-11-19 | Notice of appearance, (Letter Form), indicating appearance of John P. Merrick, Q.C. and Louanne Labelle, dated November 19, by fax | Nova Scotia Workers' Compensation Appeals Tribunal |
2002-11-07 | Correspondence received from, C. Villeneuve (dated Nov. 7); re: hearing format of the appeals | Donald Martin |
2002-10-25 | Order on motion for leave to intervene, (ORAL ARGUMENT DENIED TO W.C.B.A. - ARBOUR J.) | |
2002-10-16 | Book of authorities, (joint with 28370), Completed on: 2002-10-16 | Workers' Compensation Board of Alberta |
2002-10-15 | Intervener's factum, (23 copies - original with service filed Oct. 16/02 - joint with 28370), Completed on: 2002-10-16 | Workers' Compensation Board of Alberta |
2002-10-03 | Notice of appearance, (Letter Form), from Kathryn Kickbush, dated October 2, by fax | Attorney General of British Columbia |
2002-10-01 | Order on motion for leave to intervene, (BY ARBOUR J.) | |
2002-10-01 |
Decision on the motion for leave to intervene, Arb, IT IS HEREBY ORDERED THAT: The motion for an extension of time and for leave to intervene of the applicant WORKERS' COMPENSATION BOARD OF ALBERTA is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length to be served and filed on or before October 15, 2002. The request to present oral argument is deferred to a date following receipt of the said intervener's factum (ORAL ARGUMENT DENIED OCT.25, 2002). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the intervention. Granted |
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2002-10-01 | Submission of motion for leave to intervene, Arb | |
2002-09-30 | Response to the motion for leave to intervene, (Letter Form), from C.A. Villeneuve dated Sept. 25/02 (joint with 28370), Completed on: 2002-09-30 | Donald Martin |
2002-09-26 | Reply to the motion for leave to intervene, (Letter Form), from H.S. Brown, Q.C. dated Sept. 25/02 re: has nothing further to add (joint with 28370), Completed on: 2002-09-26 | Workers' Compensation Board of Alberta |
2002-09-26 | Response to the motion for leave to intervene, (Letter Form), from Gowlings dated Sept. 25/02 (joint with 28370), Completed on: 2002-09-26 | Workers' Compensation Board of Nova Scotia |
2002-09-24 | Response to the motion for leave to intervene, (Letter Form), from Maclaren Corlett dated Sept. 24/02 (joint with 28370), Completed on: 2002-09-24 | Attorney General of Nova Scotia |
2002-09-20 | Motion for leave to intervene, joint with extension of time and 28370, Completed on: 2002-09-20 | Workers' Compensation Board of Alberta |
2002-09-19 | Order on motion for leave to intervene, (15 MINUTES EACH GRANTED TO CLC., ONIWG & A.G. - B.C. - BY ARBOUR J.) | |
2002-09-09 | Appeal hearing scheduled, 2002-12-09 | |
2002-08-08 | Intervener's factum, by ORDER dated AUG. 8/02 status changed from Respondent to INTERVENER and covers replaced (joint with 28370), Completed on: 2002-08-08 | Nova Scotia Workers' Compensation Appeals Tribunal |
2002-08-08 | Order on motion for leave to intervene, (BY MAJOR J.) | |
2002-08-08 |
Decision on the motion for leave to intervene, Ma, for an extension of time to intervene of the applicant NOVA SCOTIA WORKERS' COMPENSATION APPEALS TRIBUNAL is granted. The request that its factum filed on March 12, 2002, as a respondent's factum, be considered its factum as an intervener in the above appeals is granted. The intervener is granted permission to present oral argument of 15 minutes in total at the hearing of the appeals. Granted |
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2002-08-08 | Submission of motion for leave to intervene, Ma | |
2002-08-07 | Response to the motion for leave to intervene, (Letter Form), letter from C. A. Villeneuve dated Aug. 7/02 (joint with 28370) (by fax), Completed on: 2002-08-07 | Donald Martin |
2002-07-29 | Response to the motion for leave to intervene, (Letter Form), letter from Brian A. Crane, Q.C. dated July 29/02, Completed on: 2002-07-29 | Workers' Compensation Board of Nova Scotia |
2002-07-29 | Response to the motion for leave to intervene, (Letter Form), letter from Catherine J. Lunn (by fax) dated July 29/02 (joint with 28370), Completed on: 2002-07-29 | Attorney General of Nova Scotia |
2002-07-22 | Motion for leave to intervene, (joint with extension of time and lenghty factum P.S. the factum (as respondent) has been filed on March 12, 2002) - 4 copies - book form (joint with 28370), Completed on: 2002-07-24 | Nova Scotia Workers' Compensation Appeals Tribunal |
2002-07-08 | Correspondence received from, L. Labelle dated July 8, 2002 (fax copy) re: has retained Nelligan, O'Brien as Ottawa agent (joint with 28370)(original received July 12, 2002) | Nova Scotia Workers' Compensation Appeals Tribunal |
2002-06-19 |
Decision on motion to extend time, DeRg, to serve and file the factum of the intervener Attorney General of Ontario to June 3, 2002. Granted |
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2002-06-19 | Submission of motion to extend time, DeRg | |
2002-06-13 | Order on miscellaneous motion, (by Bastarache J.) | |
2002-06-13 |
Decision on miscellaneous motion, Ba, on behalf of the appellants to add to the record and to file a reply factum. Dismissed |
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2002-06-13 | Submission of miscellaneous motion, Ba | |
2002-06-06 | Response to miscellaneous motion, (Letter Form), from S.J. Grace dated June 5/02 (by fax) re: cross-motion (joint with 28370), Completed on: 2002-06-06 | Attorney General of Nova Scotia |
2002-06-04 | Response to motion to extend time, (joint with motion and 28370), Completed on: 2002-06-04 | Workers' Compensation Board of Nova Scotia |
2002-06-04 | Motion to extend time, to serve and file it's Factum to June 3/02 (joint with 28370), Completed on: 2002-06-04 | Attorney General for Ontario |
2002-06-03 | Intervener's factum, (joint with 28370 - extension of time requested), Completed on: 2002-06-03 | Attorney General for Ontario |
2002-06-03 | Reply to miscellaneous motion, to file suppl. material joint with response to cross motion (3 copies joint with 28370), Completed on: 2002-06-03 | Donald Martin |
2002-06-03 | Response to miscellaneous motion, to cross motion - joint with reply to file suppl. material (3 copies joint with 28370), Completed on: 2002-06-03 | Donald Martin |
2002-05-28 |
Decision on motion to extend time, Reg, to serve and file the factum of the intervener Canadian Labour Congress to May 24, 2002. Granted |
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2002-05-28 | Submission of motion to extend time, Reg | |
2002-05-28 | Response to miscellaneous motion, to the Appellants (book form - joint with 28370), Completed on: 2002-05-28 | Attorney General of Nova Scotia |
2002-05-27 | Response to miscellaneous motion, 3 copies (joint with 28370), Completed on: 2002-05-27 | Workers' Compensation Board of Nova Scotia |
2002-05-27 | Notice of miscellaneous motion, (cross-motion re: suppl. record and reply factum) - 3 copies (joint with 28370), Completed on: 2002-05-27 | Workers' Compensation Board of Nova Scotia |
2002-05-24 | Intervener's factum, (see order)(joint with 28370), Completed on: 2002-05-24 | Canadian Labour Congress |
2002-05-23 | Correspondence received from, Corey A. Villeneuve (by fax) dated May 23/02 in response to Mr. Grace's letter of May 22/02 (joint with 28370) | Donald Martin |
2002-05-22 | Correspondence received from, Stephen J. Grace (by fax) dated May 22/02 re will respond to the Appellant's motion Tuesday May 28/02 (joint with 28370) | Attorney General of Nova Scotia |
2002-05-16 | Supplemental document, (written submission in support of the misc. motion) - 3 copies | Donald Martin |
2002-05-16 | Notice of miscellaneous motion, (to file suppl. record and a reply factum)(joint with 28370) - 3 copies (MOTION IS MOOT IN LIGHT OF THE DECISION OF JUNE 13, 2002), Completed on: 2002-05-16 | Donald Martin |
2002-05-13 | Book of authorities, (joint with 28370), Completed on: 2002-05-13 | Attorney General of British Columbia |
2002-05-13 | Intervener's factum, (joint with 28370), Completed on: 2002-05-13 | Attorney General of British Columbia |
2002-05-10 | Motion to extend time, to serve and file the factum to May 24/02 (book form) (joint with 28370), Completed on: 2002-05-10 | Canadian Labour Congress |
2002-05-08 | Book of authorities, (joint with 28370), Completed on: 2002-05-08 | Ontario Network of Injured Workers Groups |
2002-05-08 | Intervener's factum, (joint with 28370), Completed on: 2002-05-08 | Ontario Network of Injured Workers Groups |
2002-05-03 | Correspondence received from, Lang Michener dated May 3/02 re: changes made to the Factum, Record and Authorities with service (joint with 28370) | Nova Scotia Workers' Compensation Appeals Tribunal |
2002-04-15 | Respondent's book of authorities, (See decision of March 14/02 - joint with 28370), Completed on: 2002-04-15 | Attorney General of Nova Scotia |
2002-04-15 | Respondent's factum, (See decision of March 14/02 - joint with 28370), Completed on: 2002-04-15 | Attorney General of Nova Scotia |
2002-04-12 | Notice of withdrawal, (joint with 28370) | Attorney General of Alberta |
2002-04-12 | Notice of deposit of judgment issued to all parties | |
2002-04-11 |
Judgment of the Court on the application for leave to cross-appeal, The application for an extension of time is granted. The motion to expedite and the application for leave to cross-appeal are dismissed. Dismissed |
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2002-04-11 |
Decision on motion to extend time, G Ma LeB Granted |
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2002-03-26 | Respondent's book of authorities, (joint with 28370), Completed on: 2002-03-26 | Workers' Compensation Board of Nova Scotia |
2002-03-26 | Respondent's record, (joint with 28370), Completed on: 2002-03-26 | Workers' Compensation Board of Nova Scotia |
2002-03-26 | Respondent's factum, (see decision dated March 14/02) (joint with 28370), Completed on: 2002-03-26 | Workers' Compensation Board of Nova Scotia |
2002-03-21 | Order on motion to extend time | |
2002-03-18 | Order on motion to extend time | |
2002-03-18 | Order on motion to extend time | |
2002-03-14 | Correspondence received from, E. Meehan, Q.C. (by fax) re: explaining the filing of a single Respondent's Factum on Appeal and anticipated Cross-Appeal (joint with 28370) | Nova Scotia Workers' Compensation Appeals Tribunal |
2002-03-14 |
Decision on motion to extend time, Reg, to serve and file the factum, record and book of authorities of the respondent Attorney General of Nova Scotia to April 15, 2002, or a date at least 30 days from the filing of any amended factum of the appellants, which ever is later and for an order granting them leave to file a factum up to 50 pages. Granted |
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2002-03-14 |
Decision on motion to extend time, Reg, to serve and file the factum, record and book of authorities of the respondent Nova Scotia Workers' Compensation Appeals Tribunal to March 12, 2002. Granted |
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2002-03-14 |
Decision on motion to extend time, Reg, to serve and file the factum, record and book of authorities of the respondent Workers' Compensation Board of Nova Scotia to March 26, 2002. Granted |
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2002-03-14 | Submission of motion to extend time, Reg | |
2002-03-13 | Response to motion to extend time, (Letter Form), letter from Jeffrey W. Beedell dated March 13/02 (to A.G.N.S. motion)(joint with 28370), Completed on: 2002-03-13 | Nova Scotia Workers' Compensation Appeals Tribunal |
2002-03-13 | Notice of hearing, (joint with 28370) | Donald Martin |
2002-03-12 | Respondent's factum, joint with anticipated Factum on Cross-Appeal and with 28370 (Cross-Appeal dismissed Apr. 11/02 - returned for revisions - back with service May 3/02) (see Major J.'s Order and intervener's factum dated Aug. 8/02), Completed on: 2002-03-12 | Nova Scotia Workers' Compensation Appeals Tribunal |
2002-03-12 | Respondent's book of authorities, joint with anticipated Authorities on Cross-Appeal and with 28370 (Cross-Appeal dismissed Apr. 11/02 - revisions made May 3/02 with service), Completed on: 2002-03-12 | Nova Scotia Workers' Compensation Appeals Tribunal |
2002-03-12 | Respondent's record, joint with anticipated Record on Cross-Appeal and with 28370 (Cross-Appeal dismissed Apr. 11/02 - revisions made May 3/02 with service), Completed on: 2002-03-12 | Nova Scotia Workers' Compensation Appeals Tribunal |
2002-03-11 | Response to motion to extend time, (Letter Form), from B.A. Crane dated March 8/02 (by fax - joint with 28370) (to A.G. of Nova Scotia's motion), Completed on: 2002-03-11 | Workers' Compensation Board of Nova Scotia |
2002-03-07 | Response to motion to extend time, from S.J. Grace (1 copy - joint with 28370), Completed on: 2002-03-07 | Attorney General of Nova Scotia |
2002-03-07 | Response to motion to extend time, from P. J. Wilson (1 copy - joint with 28370), Completed on: 2002-03-07 | Donald Martin |
2002-03-06 | Motion to extend time, to serve and file the Factum, Record and Authorities to Apr. 15/02 and a lengthy factum (book form) (memorandum of argument on motion filed separately) (joint with 28370), Completed on: 2002-03-06 | Attorney General of Nova Scotia |
2002-03-06 | Response to motion to extend time, to Board's motion (joint with response to Tribunal's motion) (joint with 28370), Completed on: 2002-03-06 | Nova Scotia Workers' Compensation Appeals Tribunal |
2002-03-06 | Response to motion to extend time, to Tribunal's motion (joint with response to Board's motion) (jiont with 28370), Completed on: 2002-03-06 | Workers' Compensation Board of Nova Scotia |
2002-03-06 | Response to motion to extend time, (Letter Form), from S.J. Grace dated March 5/02 (joint with 28370), Completed on: 2002-03-06 | Attorney General of Nova Scotia |
2002-03-06 | Memorandum of argument in response to the cross-appeal, (Letter Form), from S.J. Grace dated March 5/02 (joint with 28370), Completed on: 2002-03-06 | Attorney General of Nova Scotia |
2002-03-06 | Appeal perfected for hearing, Session beginning on 2002-09-30 | |
2002-03-05 | Order on motion to adduce new evidence, (by the judge) | |
2002-03-05 |
Decision on motion to adduce new evidence, LeB, After review of the motion for new evidence and material in support, of the response to the motion and of the reply, it appears that the respondent Workers' Compensation Board of Nova Scotia should be authorized to file the documents listed below in the appeal record. Given the filing of some new evidence by the appellants, the documents appear relevant to the issue raised by the appeal. For these reasons, the respondent will be allowed to file the following documents: 1. The Affidavit of T.J. Murray sworn February 4, 2002. 2. The Annual Report of the Workers' Compensation Board for the year 2000. 3. The Annual Reports of the Workers' Compensation Appeals Tribunal for the years ending March 31, 2000 and March 31, 2001. 4. Discussion paper published by the Workers' Compensation Board in 1993 (first 12 pages). Granted |
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2002-03-05 | Submission of motion to adduce new evidence, LeB | |
2002-03-04 | Submission of motion to extend time, (to file the cross-appeal), G Ma LeB | |
2002-03-04 | All material on the application for leave to cross-appeal submitted to the Judges, G Ma LeB | |
2002-03-01 | Motion to extend time, to file the cross-appeal factum, record and authorities until within 7 days from the date of the order in the motion to adduce new evidence (joint with 28370), Completed on: 2002-03-01 | Nova Scotia Workers' Compensation Appeals Tribunal |
2002-02-28 | Reply to the memorandum in response to the argument on cross-appeal, (Letter Form), from B. Crane dated Feb. 28, 2002 (joint with 28370), Completed on: 2002-02-28 | Nova Scotia Workers' Compensation Appeals Tribunal |
2002-02-28 | Response to motion to extend time, (Letter Form), from C. Villeneuve dated Feb. 27, 2002 (joint), Completed on: 2002-02-28 | Donald Martin |
2002-02-27 | Memorandum of argument in response to the cross-appeal, (Letter Form), from Osler, Hoskin dated Feb. 26, 2002 (joint with 28370), Completed on: 2002-02-27 | Donald Martin |
2002-02-27 | Response to the motion to adduce new evidence, (Letter Form), from Lang, Michener dated Feb. 27, 2002 (joint with 28370), Completed on: 2002-02-27 | Nova Scotia Workers' Compensation Appeals Tribunal |
2002-02-26 | Motion to extend time, to file the factum, record and authorities to March 22, 2002 - 1 copy - memorandum in support of the motion included (AMENDED MOTION REC'D MAR. 6/02 extension to 14 days from Tribunal's factum) (joint with 28370), Completed on: 2002-02-26 | Workers' Compensation Board of Nova Scotia |
2002-02-25 | Reply to motion to adduce new evidence, book form (joint with 28370), Completed on: 2002-02-25 | Workers' Compensation Board of Nova Scotia |
2002-02-22 | Memorandum of argument in response to the cross-appeal, (joint with 28370) - book form, Completed on: 2002-02-22 | Workers' Compensation Board of Nova Scotia |
2002-02-21 | Motion to extend time, (joint with application for leave to cross-appeal0(joint with 28370), Completed on: 2002-02-21 | Nova Scotia Workers' Compensation Appeals Tribunal |
2002-02-21 | Application for leave to cross-appeal, (joint with extension of time)(joint with 28370), Completed on: 2002-02-21 | Nova Scotia Workers' Compensation Appeals Tribunal |
2002-02-18 | Response to the motion to adduce new evidence, (1 copy book form - joint with 28372), Completed on: 2002-02-18 | Donald Martin |
2002-02-15 | Notice of change of counsel, (John P. Merrick, Q.C. and Janet M. Stevenson)(joint with 28370) | Nova Scotia Workers' Compensation Appeals Tribunal |
2002-02-15 | Notice of change of counsel, (from W. Wilson to C. Lunn (joint with 28370) | Attorney General of Nova Scotia |
2002-02-12 | Order on motion for leave to intervene, (by the Judge) | |
2002-02-12 |
Decision on the motion for leave to intervene, Arb, and extension of time by the ATTORNEY GENERAL OF BRITISH COLUMBIA. 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 (15 MINUTES ORAL ARGUMENT GRANTED SEPT. 19, 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. Granted |
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2002-02-12 | Submission of motion for leave to intervene, Arb | |
2002-02-06 | Motion to adduce new evidence, 3 copies - (book form, joint with 28370), Completed on: 2002-02-06 | Workers' Compensation Board of Nova Scotia |
2002-02-06 | Correspondence received from, from J. Beedell dated Feb. 6, 2002 (fax copy) re: replacing Ottawa agent, B.R. by Lang, Michener (joint with 28370) | Nova Scotia Workers' Compensation Appeals Tribunal |
2002-01-22 | Motion for leave to intervene, (joint with 28370), Completed on: 2002-01-22 | Attorney General of British Columbia |
2002-01-07 | Appellant's book of authorities, vol. I & II - joint with 28370 (see order), Completed on: 2002-01-07 | Donald Martin |
2002-01-07 | Appellant's factum, joint with 28370 (see order), Completed on: 2002-01-07 | Donald Martin |
2002-01-07 | Appellant's record, vol. I to VI - joint with 28370 (see order), Completed on: 2002-01-07 | Donald Martin |
2001-12-17 | Notice of intervention respecting a constitutional question, (joint with 28370) | Attorney General for Ontario |
2001-12-17 | Order on motion to adduce new evidence, (by the Judge)(revised Dec. 18) | |
2001-12-17 |
Decision on motion to adduce new evidence, LeB, by the appellants. For these reasons (see file or long judgment), the application to file new evidence is granted as follows: A) The appellants may add the documents listed below to the Court record: 1. A report published by the Association of Workers' Compensation Boards of Canada entitled, "Compensating for Chronic Pain - 2000", published as of September 2000; 2. A report entitled, "Chronic Pain Initiative - Report of the Chair of the Chronic Pain Panel" dated August 2000, prepared by Brock Smith, Chair, Chronic Pain Panels for the Ontario Workplace Safety Insurance Board; 3. A report entitled, "Chronic Pain Initiative - Report of the Chronic Pain Expert Advisory Panel" dated February 2000, prepared by the scientific panel of the Chronic Pain Panels for the Ontario Workplace Safety Insurance Board. B) The time for serving and filing the appellants' joint factum, joint record and joint books of authorities is extended to Tuesday, January 8, 2002; C) In their factum, the appellants shall identify the parts of the documents they intend to rely on; D) Within thirty days of the service and filing of appellants' joint factum, the respondents may file an application for leave to introduce additional evidence. Granted, no order as to costs |
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2001-12-17 | Submission of motion to adduce new evidence, LeB | |
2001-12-14 | Notice of intervention respecting a constitutional question, (joint with 28370) | Attorney General of Alberta |
2001-12-13 | Reply to motion to adduce new evidence, (2 copies), Completed on: 2001-12-13 | Donald Martin |
2001-12-07 | Response to the motion to adduce new evidence, (3 copies), Completed on: 2001-12-07 | Workers' Compensation Board of Nova Scotia |
2001-12-05 | Response to the motion to adduce new evidence, (5 copies), Completed on: 2001-12-05 | Attorney General of Nova Scotia |
2001-11-28 | Correspondence received from, Steve Grace dated Nov. 28, 2001 (fax) re: will file a response to the motion to adduce new evidence by Friday, Dec. 7, 2001. | Attorney General of Nova Scotia |
2001-11-28 | Correspondence received from, Steve Grace dated Nov. 28, 2001, (fax) re: will file a response to the motion to adduce new evidence by Friday, Dec. 7, 2001. | Attorney General of Nova Scotia |
2001-11-23 | Supplemental document, (written submissions in support of misc. motion)(joint with 28370) - 2 copies | Donald Martin |
2001-11-23 | Motion to adduce new evidence, (joint with extension of time to file the factum, record and authorities)(joint with 28370) - 2 copies, Completed on: 2001-11-23 | Donald Martin |
2001-11-09 | Order on motion to state a constitutional question | |
2001-11-08 |
Decision on the motion to state a constitutional question, CJ, 1. Do s. 10B of the Workers' Compensation Act, S.N.S. 1994-95, c. 10, as amended, and the Functional Restoration (Multi-Faceted Pain Services) Program Regulations, N.S. Reg. 57/96 infringe the equality rights guaranteed by s. 15(1) of the Canadian Charter of Rights and Freedoms? 2. If the answer to question # 1 is yes, does such infringement constitute a reasonable limit prescribed by law and demonstrably justified in a free and democratic society pursuant to s. 1 of the Canadian Charter of Rights and Freedoms? Notices of intervention are to be filed on or before Dec. 17, 2001. Granted, no order as to costs |
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2001-10-29 | Order on motion for leave to intervene, (BY THE COURT) | |
2001-10-29 |
Decision on the motion for leave to intervene, Arb, by the ONTARIO NETWORK OF INJURED WORKERS' GROUP. 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 (15 MINUTES ORAL ARGUMENT GRANTED SEPT. 19, 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, no order as to costs |
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2001-10-29 |
Decision on the motion for leave to intervene, Arb, by the CANADIAN LABOUR CONGRESS. 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 (15 MINUTES ORAL ARGUMENT GRANTED SEPT. 19, 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, no order as to costs |
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2001-10-29 | Submission of motion for leave to intervene, Arb | |
2001-10-23 | Reply to the motion for leave to intervene, (replying to the Workers' Compensation Board's response) (joint with 28370) - book form, Completed on: 2001-10-23 | Canadian Labour Congress |
2001-10-23 | Submission of motion to state a constitutional question, CJ | |
2001-10-18 | Response to the motion for leave to intervene, re: intervention by Can. Labour Congress (joint with 28370), Completed on: 2001-10-18 | Workers' Compensation Board of Nova Scotia |
2001-10-17 | Reply to the motion for leave to intervene, (replying to Workers' Compensation Board) - 1 copy - book form (joint with 28370), Completed on: 2001-10-17 | Ontario Network of Injured Workers Groups |
2001-10-15 | Response to the motion to state a constitutional question, (Letter Form), (fax) from Steve Grace, Completed on: 2001-10-15 | Attorney General of Nova Scotia |
2001-10-12 | Response to the motion for leave to intervene, (joint with 28370) - 1 copy re: intervention by Ont. Network of injured workers, Completed on: 2001-10-12 | Workers' Compensation Board of Nova Scotia |
2001-10-09 | Motion for leave to intervene, (joint with 28370), Completed on: 2001-10-09 | Canadian Labour Congress |
2001-10-05 | Response to the motion to state a constitutional question, (Letter Form), from Burke-Robertson dated Oct. 5, 2001(joint with 28370), Completed on: 2001-10-05 | Nova Scotia Workers' Compensation Appeals Tribunal |
2001-10-04 | Response to the motion to state a constitutional question, (Letter Form), from Gowlings dated Oct. 4, 2001, Completed on: 2001-10-04 | Workers' Compensation Board of Nova Scotia |
2001-10-04 | Motion for leave to intervene, (joint with 28370) - book form, Completed on: 2001-10-04 | Ontario Network of Injured Workers Groups |
2001-09-27 | Motion to state a constitutional question, (joint with 28370), Completed on: 2001-09-27 | Donald Martin |
2001-09-10 | Correspondence received from, L. Labelle dated Sept. 10, 2001 (fax copy) re: has retained Burke-Robertson as Ottawa agent (jont with 28370) | Nova Scotia Workers' Compensation Appeals Tribunal |
2001-08-27 | Correspondence received from, B.A. Crane, Q.C. re: in response to Osler, Hoskin & Harcourt's letter of Aug. 22/01 | Workers' Compensation Board of Nova Scotia |
2001-08-22 | Correspondence received from, Osler, Hoskin & Harcourt dated Aug. 22/01 re: requesting the Court to consider consolidating appeals 28370 and 28372 together and to file joint documents | Donald Martin |
2001-08-21 | Order granting leave to appeal | |
2001-08-10 | Letter acknowledging receipt of notice of appeal | |
2001-08-09 | Appeal court record, (1 box - joint with 28370) | |
2001-08-07 | Notice of deposit for security | Donald Martin |
2001-08-07 | Notice of appeal, Completed on: 2001-08-07 | Donald Martin |
2001-06-15 | Notice of deposit of judgment issued to all parties | |
2001-06-14 |
Judgment of the Court on the application for leave to appeal Granted, no order as to costs |
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2001-05-07 | All materials on application for leave submitted to the Judges, CJ Ia Ba | |
2001-02-26 | Correspondence received from, W. Wilson dated Feb. 19, 2001 re: clarification of their status | Attorney General of Nova Scotia |
2001-02-13 | Letter acknowledging receipt of a complete application for leave to appeal | |
2001-02-08 | Correspondence received from, C. Villeneuve dated Feb. 8, 2001 re: will not be filing a reply | Donald Martin |
2001-02-05 | Respondent's response on the application for leave to appeal, Incomplete | Attorney General of Nova Scotia |
2001-02-02 | Supplemental document, entitled "Chronic Pain" (joint with 28370) | Donald Martin |
2001-02-02 | Respondent's response on the application for leave to appeal, (service to Nova Scotia Workers' Compensation Appeals Tribunal missing), Incomplete | Workers' Compensation Board of Nova Scotia |
2001-01-26 | Respondent's response on the application for leave to appeal, (Letter Form), from L. Labelle, dated January 26/2001, advising they will not file response., Completed on: 2001-01-26 | Nova Scotia Workers' Compensation Appeals Tribunal |
2001-01-17 | Supplemental document, (Book Form) Appendices to applicant's leave application | Donald Martin |
2001-01-05 | Application for leave to appeal, Completed on: 2001-01-05 | Donald Martin |
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 |
---|---|---|
Martin, Donald | Appellant | Active |
v.
Name | Role | Status |
---|---|---|
Workers' Compensation Board of Nova Scotia | Respondent | Active |
Attorney General of Nova Scotia | Respondent | Active |
Other parties
Name | Role | Status |
---|---|---|
Nova Scotia Workers' Compensation Appeals Tribunal | Intervener | Active |
Ontario Network of Injured Workers Groups | Intervener | Active |
Canadian Labour Congress | Intervener | Active |
Attorney General for Ontario | Intervener | Active |
Attorney General of British Columbia | Intervener | Active |
Workers' Compensation Board of Alberta | Intervener | Active |
Counsel
Party: Martin, Donald
Counsel
Kenny LeBlanc
Anne Derrick, Q.C.
100 - 5151 Terminal Road
P.O. Box 697
Halifax, Nova Scotia
B3J 2T8
Telephone: (902) 424-5050
FAX: (902) 424-0530
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Workers' Compensation Board of Nova Scotia
Counsel
Brian A. Crane, Q.C.
900 - 1959 Upper Water St
PO Box 997 Stn Central RPO
Halifax, Nova Scotia
B3J 2X2
Telephone: (902) 420-3200
FAX: (902) 420-1417
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: Attorney General of Nova Scotia
Counsel
Alexander Ikejiani
400 - 5151 Terminal Road
P.O. Box 7
Halifax, Nova Scotia
B3J 2L6
Telephone: (902) 424-4564
FAX: (902) 424-1730
Email: LUNNCJ@GOV.NS.CA
Agent
Suite 1625
50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: sgrace@macorlaw.com
Party: Nova Scotia Workers' Compensation Appeals Tribunal
Counsel
Janet M. Stevenson
Louanne Labelle
2100 - 1801 Hollis Street
P.O. Box 1054, Stn. Central RPO
Halifax, Nova Scotia
B3J 2X6
Telephone: (902) 429-4111
FAX: (902) 429-8215
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Party: Ontario Network of Injured Workers Groups
Counsel
110 - 425 Bloor Street East
Toronto, Ontario
M4W 3R5
Telephone: (416) 482-8255
FAX: (416) 482-2981
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Canadian Labour Congress
Counsel
1130 - 20 Dundas St West
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6422
FAX: (416) 591-7333
Email: stevenbarrett@sgmlaw.com
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General for Ontario
Counsel
720 Bay Street
4th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4452
FAX: (416) 326-4015
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of British Columbia
Counsel
Kathryn L. Kickbush
P.O. Box 9270, Stn. Prov. Govt.
1312 Blanshard Street
Victoria, British Columbia
V8W 9J5
Telephone: (250) 387-0310
FAX: (250) 387-0343
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Workers' Compensation Board of Alberta
Agent
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
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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
Nova Scotia Workers’ Compensation Appeals Tribunal
Appeal allowed; Appellant entitled to temporary earnings replacement benefits from August 6, 1996 to October 15, 1996 and medical aid up to October 15, 1996
Nova Scotia Court of Appeal
C162161
Appeal against decisions of the Workers' Compensation Appeals Tribunal allowed; Applicant's cross-appeal dismissed
Memorandums of argument on application for leave to appeal
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Related links
Factums on appeal
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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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