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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.

List of proceedings
Date Proceeding Filed By
(if applicable)
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)
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
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
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
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
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
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
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
2002-04-11 Decision on motion to extend time, G Ma LeB
Granted
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
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
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
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
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
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
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
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
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
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
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

Main parties - Appellants
Name Role Status
Martin, Donald Appellant Active

v.

Main parties - Respondents
Name Role Status
Workers' Compensation Board of Nova Scotia Respondent Active
Attorney General of Nova Scotia Respondent Active

Other parties

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
Anne S. Clark
Kenny LeBlanc
Anne Derrick, Q.C.
Workers' Advisers Program
100 - 5151 Terminal Road
P.O. Box 697
Halifax, Nova Scotia
B3J 2T8
Telephone: (902) 424-5050
FAX: (902) 424-0530
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt
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
David P.S. Farrar
Brian A. Crane, Q.C.
Stewart McKelvey Stirling Scales
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
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
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
Catherine J. Lunn
Alexander Ikejiani
Attorney General of Nova Scotia
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
Stephen J. Grace
Maclaren Corlett
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
John Merrick, Q.C.
Janet M. Stevenson
Louanne Labelle
Merrrick Holm
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
Dougald E. Brown
Nelligan O'Brien Payne LLP
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
Ena Chadha
Advocacy Resource Centre for the Handicapped
110 - 425 Bloor Street East
Toronto, Ontario
M4W 3R5
Telephone: (416) 482-8255
FAX: (416) 482-2981
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt
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
Steven Barrett
Sack Goldblatt Mitchell
1130 - 20 Dundas St West
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6422
FAX: (416) 591-7333
Email: stevenbarrett@sgmlaw.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: Attorney General for Ontario

Counsel
Robert Earl Charney
Attorney General of Ontario
720 Bay Street
4th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4452
FAX: (416) 326-4015
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: Attorney General of British Columbia

Counsel
Timothy P. Leadem, Q.C.
Kathryn L. Kickbush
Attorney General of British Columbia
P.O. Box 9270, Stn. Prov. Govt.
1312 Blanshard Street
Victoria, British Columbia
V8W 9J5
Telephone: (250) 387-0310
FAX: (250) 387-0343
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: Workers' Compensation Board of Alberta

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

Summary

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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.

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Lower court rulings

January 31, 2000
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

August 11, 2000
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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Date modified: 2025-02-27