Docket

37524

Her Majesty the Queen in Right of British Columbia v. Philip Morris International, Inc.

(B.C.) (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)
2018-07-16 Appeal closed
2018-07-16 Formal judgment sent to the registrar of the court of appeal and all parties
2018-07-16 Judgment on appeal and notice of deposit of judgment sent to all parties
2018-07-13 Judgment on the appeal rendered, Abe Mo Ka Ga Br Row Mar,
The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA42871, 2017 BCCA 69, dated February 14, 2017, heard on January 17, 2018, is allowed with costs in this Court and in the courts below. The order of the application judge is set aside and the application of Philip Morris International, Inc. for an order requiring production of the health care databases is dismissed.
Allowed, with costs
2018-03-12 Order on motion to adduce new evidence, (CORAM: ABELLA, MOLDAVER, KARAKATSANIS, GASCON, BROWN, ROWE AND MARTIN JJ.)
2018-03-12 Decision on motion to adduce new evidence, Abe Mo Ka Ga Br Row Mar, UPON APPLICATION by the respondent, Philip Morris International, Inc., for an order to adduce new evidence and permission to file an amended version of the factum it filed December 5, 2017;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed, with costs.
Dismissed, with costs
2018-03-12 Submission of motion to adduce new evidence, Abe Mo Ka Ga Br Row Mar
2018-02-23 Response to the motion to adduce new evidence, Completed on: 2018-02-23 Her Majesty the Queen in Right of British Columbia
2018-02-14 Correspondence received from, (Letter Form), Change affecting the Record Philip Morris International, Inc.
2018-02-14 Motion to adduce new evidence, (Book Form), (original copy of affidavit in support filed on Feb15/2018.), Completed on: 2018-02-14 Philip Morris International, Inc.
2018-01-29 Transcript received, 107 page.
2018-01-17 Judgment reserved OR rendered with reasons to follow
2018-01-17 Hearing of the appeal, 2018-01-17, Abe Mo Ka Ga Br Row Mar
Judgment reserved
2018-01-17 Respondent's condensed book, (Book Form), Sumbmitted in court room (14 copies) Philip Morris International, Inc.
2018-01-17 Appellant's condensed book, (Book Form), Submitted in Court Room (14 copies) Her Majesty the Queen in Right of British Columbia
2018-01-10 Reply factum on appeal, (Book Form), Completed on: 2018-01-10 Philip Morris International, Inc.
2018-01-08 Order on motion to strike out, BY JUSTICE ROWE
2018-01-08 Decision on motion to strike out, Row, UPON APPLICATION by the respondent for an order striking paragraphs 2, 10-12, 15 and 28 of the factum of the intervener Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion to strike is dismissed with costs.
The respondent, Philip Morris International, Inc., is permitted additional time to file its reply factum to the interventions no later than two business days after the Order on the motion to strike is issued.
Dismissed, with costs
2018-01-08 Submission of motion to strike out, Row
2018-01-08 Reply to motion to strike out, (Letter Form), Completed on: 2018-01-08 Philip Morris International, Inc.
2018-01-05 Response to motion to strike out, (Letter Form), 2 original copies filed on January 8, 2018 - book form., Completed on: 2018-01-05 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-01-04 Response to motion to strike out, (Letter Form), Completed on: 2018-01-04 Her Majesty the Queen in Right of British Columbia
2017-12-28 Correspondence received from, (Letter Form), Sarena Forsyth (by email). 6 reserved seats requested. Attorney General of Ontario
2017-12-28 Notice of appearance, (Letter Form), Michael A. Feder, Emily MacKinnon and Robyn Gifford will be appearing. Mr. Feder will present oral argument. (4 reserved seats requested) Philip Morris International, Inc.
2017-12-27 Certificate (on limitations to public access), (Letter Form), Form 23B Philip Morris International, Inc.
2017-12-27 Motion to strike out, (Book Form), striking paragraphs 2, 10-12, 15 and 28 of the factum of the intervener Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic (CIPPIC) and EXPEDITING the motion., Completed on: 2017-12-27 Philip Morris International, Inc.
2017-12-21 Notice of appearance, (Letter Form), David Fewer will be present at the hearing and will present oral arguments. Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2017-12-21 Notice of appearance, (Book Form), Jim D. Virtue, André I.G. Michael, Jeffrey S. Leon and Jim Duvall will be present at the hearing. Mr. Virtue and Mr. Leon will present oral arguments. Her Majesty the Queen in Right of British Columbia
2017-12-21 Intervener's book of authorities, (Book Form), Completed on: 2017-12-21 Attorney General of Ontario
2017-12-21 Intervener's factum, (Book Form), Completed on: 2017-12-21 Attorney General of Ontario
2017-12-21 Intervener's factum, (Book Form), Completed on: 2017-12-21 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2017-12-20 Correspondence received from, (Letter Form), Marie-France Major (by email). 3 reserved seats requested. Her Majesty the Queen in Right of British Columbia
2017-12-20 Intervener's factum, (Book Form), Completed on: 2017-10-24 Information and Privacy Commissioner for British Columbia
2017-12-19 Appellant's record, (Book Form), Supplementary Record, Completed on: 2017-12-19 Her Majesty the Queen in Right of British Columbia
2017-12-18 Appeal perfected for hearing
2017-12-12 Notice of appearance, (Letter Form), Sunil Mathai, Farzin Yousefian and Antonin I. Pribetic will be present at the hearing. Mr. Mathai will present oral arguments. Attorney General of Ontario
2017-12-06 Certificate of counsel (attesting to record), (Letter Form) Philip Morris International, Inc.
2017-12-06 Certificate (on limitations to public access), (Letter Form) Philip Morris International, Inc.
2017-12-06 Respondent's book of authorities, (Book Form), Completed on: 2017-12-06 Philip Morris International, Inc.
2017-12-06 Respondent's record, (Book Form), Completed on: 2017-12-06 Philip Morris International, Inc.
2017-12-06 Respondent's factum, (Book Form), Completed on: 2017-12-06 Philip Morris International, Inc.
2017-12-05 Order on motion for leave to intervene, by Justice Rowe
2017-12-05 Decision on the motion for leave to intervene, Row, UPON APPLICATIONS by the Attorney General of Ontario, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic and the Information and Privacy Commissioner for British Columbia for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene are granted and the said three (3) interveners shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before December 21, 2017.
The Attorney General of Ontario and the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic are granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
The respondent is permitted to serve and file a single factum not exceeding ten (10) pages in reply to these interventions on or before January 8, 2018.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and the respondent any additional disbursements resulting from their interventions.
Granted
2017-12-05 Submission of motion for leave to intervene, (3 motions), Row
2017-12-01 Supplemental document, Supplementary reasons for judgment from BCCA - costs against the Information and Privacy Commissioner for British Columbia., Completed on: 2017-12-01 Philip Morris International, Inc.
2017-12-01 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2017-12-01 Information and Privacy Commissioner for British Columbia
2017-12-01 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2017-12-01 Attorney General of Ontario
2017-11-30 Correspondence received from, (Letter Form), Intervener, re: change of Ottawa Agent, Marie-France Major will represent the Information and Privacy Commissioner for British Columbia. Information and Privacy Commissioner for British Columbia
2017-11-27 Response to the motion for leave to intervene, (Book Form), Completed on: 2017-11-27 Philip Morris International, Inc.
2017-11-22 Notice of hearing sent to parties
2017-11-22 Appeal hearing scheduled, 2018-01-17
Judgment reserved
2017-11-20 Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-11-20 Her Majesty the Queen in Right of British Columbia
2017-11-15 Notice of name, (Letter Form) Information and Privacy Commissioner for British Columbia
2017-11-15 Motion for leave to intervene, (Book Form), Completed on: 2017-11-15 Information and Privacy Commissioner for British Columbia
2017-11-14 Motion for leave to intervene, (Book Form), Completed on: 2017-11-14 Attorney General of Ontario
2017-11-14 Notice of name, (Letter Form) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2017-11-14 Motion for leave to intervene, (Book Form), Completed on: 2017-11-14 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2017-10-18 Certificate of counsel (attesting to record), (Letter Form) Her Majesty the Queen in Right of British Columbia
2017-10-18 Appellant's book of authorities, (Book Form), Completed on: 2017-10-18 Her Majesty the Queen in Right of British Columbia
2017-10-18 Appellant's record, (Book Form), (4 volumes), Completed on: 2017-10-18 Her Majesty the Queen in Right of British Columbia
2017-10-18 Appellant's factum, (Book Form), Completed on: 2017-10-18 Her Majesty the Queen in Right of British Columbia
2017-08-23 Notice of appeal, (Letter Form), Completed on: 2017-08-23 Her Majesty the Queen in Right of British Columbia
2017-08-03 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2017-07-21 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2017-07-21 Judgment on leave sent to the parties
2017-07-20 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 CA42871, 2017 BCCA 69, dated February 14, 2017, is granted with costs in the cause.
Granted, with costs in the cause
2017-06-19 All materials on application for leave submitted to the Judges, for consideration by the Court
2017-05-18 Notice of name, (Letter Form) Philip Morris International, Inc.
2017-05-18 Certificate (if inappropriate for a judge to take part in adjudication), (Letter Form) Philip Morris International, Inc.
2017-05-18 Certificate (on limitations to public access), (Letter Form), 23B Philip Morris International, Inc.
2017-05-18 Certificate (on limitations to public access), (Letter Form), 23A Philip Morris International, Inc.
2017-05-18 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-05-18 Philip Morris International, Inc.
2017-04-21 Notice of change of solicitor, (Letter Form), Marie-France Major of Supreme Advocacy will now act as agent in lieu of Robyn Ryan Bell. Her Majesty the Queen in Right of British Columbia
2017-04-18 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2017/04/18
2017-04-12 Certificate (if inappropriate for a judge to take part in adjudication), (Letter Form) Her Majesty the Queen in Right of British Columbia
2017-04-12 Notice of name, (Letter Form) Her Majesty the Queen in Right of British Columbia
2017-04-12 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen in Right of British Columbia
2017-04-12 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen in Right of British Columbia
2017-04-12 Application for leave to appeal, (Book Form), Completed on: 2017-04-12 Her Majesty the Queen in Right of British Columbia