Docket

37551

S. A. v. Metro Vancouver Housing Corporation

(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)
2019-02-20 Appeal closed
2019-01-28 Formal judgment sent to the registrar of the court of appeal and all parties
2019-01-28 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-01-25 Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar,
The motion to strike by Metro Vancouver Housing Corporation is granted in part and Section E of Part III (paras. 24-34) of Disability Alliance BC Society’s intervener factum is struck accordingly.

The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA43354 and CA43355, 2017 BCCA 2, dated January 6, 2017, heard on April 25, 2018, is allowed. The declarations made by the Court of Appeal are set aside. It is declared that the appellant has a right to have her application for a rent subsidy considered by the respondent in accordance with the terms of the Additional Rent Assistance Application, and that her interest in the trust settled for her benefit in 2012 is not an “asset” for the purpose of such a determination. The issue of the appellant’s request for monetary relief is returned to the British Columbia Supreme Court. Costs are awarded to the appellant on a party-and-party basis on the leave application, on the appeal and in the courts below. The appellant’s request that the respondent pay the costs award into a trust on the same terms, for the same beneficiaries, and with the same trustees as the trust settled for her benefit in 2012 is granted. Brown and Rowe JJ. dissent in part.
Allowed
2018-05-08 Transcript received, 122 pages.
2018-04-25 General proceeding, Questionnaire for publication ban. Metro Vancouver Housing Corporation
2018-04-25 General proceeding, Questionnaire for publication ban S. A.
2018-04-25 Judgment reserved OR rendered with reasons to follow
2018-04-25 Hearing of the appeal, 2018-04-25, CJ Abe Mo Ka Ga Côt Br Row Mar
Judgment reserved
2018-04-25 Respondent's condensed book, (Book Form), (14 copies) Submitted in court room. Metro Vancouver Housing Corporation
2018-04-25 Appellant's condensed book, (Book Form), (14 copies) Submitted in court room. S. A.
2018-04-25 Intervener's condensed book, (Book Form), (14 copies) Submitted in court room. Attorney General of British Columbia
2018-04-25 Intervener's condensed book, (Book Form), (14 copies) Submitted in court room. Council of Canadians with Disabilities
2018-04-25 Intervener's condensed book, (Book Form), (14 copies) Submitted in court room. Income Security Advocacy Centre
2018-04-23 Intervener's factum, (Book Form), Amended factum, Completed on: 2018-04-23 Canadian Association for Community Living
2018-04-23 Order on motion to strike out, BY JUSTICE ABELLA
2018-04-23 Decision on motion to strike out, Abe,
UPON APPLICATION by the respondent for an order striking paragraphs 3, 7, 11, 16-20, 24-34, of the factum of the intervener Disability Alliance BC Society, and for an order striking the affidavit references and certain propositions at paragraphs 9, 16 and 23 of the joint factum of the interveners Canadian Association for Community Living and People First of Canada;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion to strike is referred to the panel of the Court hearing the appeal.
Referred
2018-04-23 Submission of motion to strike out, Abe
2018-04-23 Reply to motion to strike out, (Letter Form), Completed on: 2018-04-23 Metro Vancouver Housing Corporation
2018-04-20 Response to motion to strike out, (Book Form), 9 additional copies requested-rec'd 2018/04/24, Completed on: 2018-04-20, (Printed version filed on 2018-04-23) Disability Alliance BC Society
2018-04-18 Respondent's book of authorities, (Book Form), Supp. book of authorities, Completed on: 2018-04-18 Metro Vancouver Housing Corporation
2018-04-18 Reply factum on appeal, (Book Form), Completed on: 2018-04-18 Metro Vancouver Housing Corporation
2018-04-17 Response to motion to strike out, (Letter Form), Completed on: 2018-04-17 Canadian Association for Community Living
2018-04-17 Motion to strike out, (Book Form), 9 additional copies requested-rec'd 2018/04/24, Completed on: 2018-04-17, (Printed version filed on 2018-04-17) Metro Vancouver Housing Corporation
2018-04-12 Appeal perfected for hearing
2018-04-11 Notice of appearance, Geoffrey W. White and Amy A. Mortimore will be appearing. Mr. White will present oral argument. Disability Alliance BC Society
2018-04-11 Intervener's book of authorities, (Book Form), Completed on: 2018-04-11 Income Security Advocacy Centre
2018-04-11 Intervener's factum, (Book Form), Completed on: 2018-04-11 Income Security Advocacy Centre
2018-04-11 Intervener's book of authorities, (Book Form), Completed on: 2018-04-11 Attorney General of British Columbia
2018-04-11 Intervener's factum, (Book Form), Completed on: 2018-04-11 Attorney General of British Columbia
2018-04-11 Intervener's book of authorities, (Book Form), Completed on: 2018-04-11 Disability Alliance BC Society
2018-04-11 Intervener's factum, (Book Form), Completed on: 2018-04-11 Disability Alliance BC Society
2018-04-10 Notice of appearance, Dianne Wintermute and Luke Reid will be appearing. Ms. Wintermute will present oral argument. Request 2 reserved seats.
Council of Canadians with Disabilities
2018-04-10 Notice of appearance, Ewa Krajewska, Amy Wah and Jackie Esmonde will be appearing. Ms.Krajewska will present oral argument. Income Security Advocacy Centre
2018-04-10 Notice of appearance, Graham Underwood and Kate Hamm will be appearing. Ms. Hamm will present oral argument. Attorney General of British Columbia
2018-04-10 Notice of appearance, Brendon Pooran and Jennifer Macko will be appearing. Mr. Pooran will present oral argument. Request 2 reserved seats. Canadian Association for Community Living
2018-04-10 Notice of appearance, Eileen Vanderburgh and Pauline Storey will be appearing. Ms. Eileen Vanderburgh will present oral argument. Metro Vancouver Housing Corporation
2018-04-10 Notice of appearance, Michael Feder, Patrick D.H. Williams and Connor Bildfell will be appearing. Mr. Feder will present oral argument. Request 4 reserved seats. S. A.
2018-04-10 Intervener's factum, (Book Form), Completed on: 2018-04-10 Canadian Association for Community Living
2018-04-10 Intervener's factum, (Book Form), Completed on: 2018-04-10 Council of Canadians with Disabilities
2018-04-03 Certificate of counsel (attesting to record) Metro Vancouver Housing Corporation
2018-04-03 Respondent's book of authorities, (Book Form), Completed on: 2018-04-03 Metro Vancouver Housing Corporation
2018-04-03 Respondent's record, (Book Form), Completed on: 2018-04-03 Metro Vancouver Housing Corporation
2018-04-03 Respondent's factum, (Book Form), Completed on: 2018-04-03 Metro Vancouver Housing Corporation
2018-03-23 Order on motion for leave to intervene, (BY JUSTICE KARAKATSANIS)
2018-03-23 Decision on the motion for leave to intervene, Ka, UPON MOTIONS by the Attorney General of British Columbia, the Canadian Association for Community Living and the People First of Canada (jointly), the Council of Canadians with Disabilities, the Income Security Advocacy Centre and the HIV & AIDS Legal Clinic Ontario (jointly) and the Disability Alliance BC Society 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 five (5) interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length on or before April 11, 2018.
The Attorney General of British Columbia, the Canadian Association for Community Living and the People First of Canada (jointly), the Council of Canadians with Disabilities, the Income Security Advocacy Centre and the HIV & AIDS Legal Clinic Ontario (jointly) and the Disability Alliance BC Society are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The appellant is granted permission to file a reply factum not to exceed five (5) pages in length, and the respondent is granted permission to file a reply factum not to exceed ten (10) pages in length on or before April 18, 2018.
The interveners are not 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 interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention.
Granted
2018-03-23 Submission of motion for leave to intervene, Ka
2018-03-20 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-03-20 Council of Canadians with Disabilities
2018-03-16 Notice of name Council of Canadians with Disabilities
2018-03-16 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-03-16 Disability Alliance BC Society
2018-03-16 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-03-16 S. A.
2018-03-15 Response to the motion for leave to intervene, (Letter Form), Response to the Attorney General of British Columbia, Completed on: 2018-03-15 Metro Vancouver Housing Corporation
2018-03-15 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-03-15 Metro Vancouver Housing Corporation
2018-03-13 Certificate (on limitations to public access) Attorney General of British Columbia
2018-03-13 Notice of name Attorney General of British Columbia
2018-03-12 Motion for leave to intervene, (Book Form), Completed on: 2018-03-13 Attorney General of British Columbia
2018-03-12 Notice of name, (Letter Form) Disability Alliance BC Society
2018-03-12 Motion for leave to intervene, (Book Form), Completed on: 2018-03-12 Disability Alliance BC Society
2018-03-12 Notice of name, (Letter Form) HIV & AIDS Legal Clinic Ontario
2018-03-12 Notice of name, (Letter Form) Income Security Advocacy Centre
2018-03-12 Motion for leave to intervene, (Book Form), Completed on: 2018-03-12 Income Security Advocacy Centre
2018-03-12 Notice of hearing sent to parties
2018-03-12 Appeal hearing scheduled, 2018-04-25
Judgment reserved
2018-03-09 Intervener's book of authorities, (Book Form), 1 copy missing (received on March 9, 2018), Completed on: 2018-03-16 Council of Canadians with Disabilities
2018-03-09 Motion for leave to intervene, (Book Form), Notice of Name missing-rec'd 2018/03/16, Completed on: 2018-03-16 Council of Canadians with Disabilities
2018-03-09 Notice of name, (Letter Form) Canadian Association for Community Living
2018-03-09 Motion for leave to intervene, (Letter Form), Completed on: 2018-03-09 Canadian Association for Community Living
2018-02-12 Certificate of counsel (attesting to record), (Letter Form) S. A.
2018-02-12 Appellant's book of authorities, (Book Form), Completed on: 2018-02-12 S. A.
2018-02-12 Appellant's record, (Book Form), New covers required, Completed on: 2018-02-12 S. A.
2018-02-12 Appellant's factum, (Book Form), Completed on: 2018-02-12 S. A.
2017-12-18 Notice of appeal, (Letter Form), Completed on: 2017-12-18 S. A.
2017-11-29 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2017-11-17 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2017-11-17 Judgment on leave sent to the parties
2017-11-16 Judgment of the Court on the application for leave to appeal,
The motion for an extension of time to serve and file the application for leave to appeal is granted. The motion to use initials in place of the applicant and family members’ names and to amend the style of cause accordingly is granted. The motion for a publication ban is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA43354 and CA43355, 2017 BCCA 2, dated January 6, 2017, is granted and costs are reserved to the panel on the appeal.
Granted, with costs in the cause
2017-11-16 Decision on the miscellaneous motion, see decision on application.
Dismissed
2017-11-16 Decision on motion to extend time to file and /or serve the leave application, see decision on application.
Granted
2017-07-31 All materials on application for leave submitted to the Judges, CJ Côt Br, for consideration by the Court
2017-07-31 Submission of miscellaneous motion, CJ Côt Br, for consideration by the Court
2017-07-31 Submission of motion to extend time to file and/ or serve the leave application, CJ Côt Br, for consideration by the Court
2017-06-09 Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-06-09 S. A.
2017-05-31 Notice of name, (Letter Form) Metro Vancouver Housing Corporation
2017-05-31 Certificate (on limitations to public access), (Letter Form), 23B Metro Vancouver Housing Corporation
2017-05-31 Certificate (on limitations to public access), (Letter Form), 23A Metro Vancouver Housing Corporation
2017-05-31 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-05-31 Metro Vancouver Housing Corporation
2017-05-02 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2017/05/02
2017-05-01 Certificate (on limitations to public access), (Letter Form), 23B S. A.
2017-05-01 Certificate (on limitations to public access), (Letter Form), 23A S. A.
2017-05-01 Notice of miscellaneous motion, (Included in the application for leave to appeal), Motion for a publication ban, Completed on: 2017-05-01 S. A.
2017-05-01 Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2017-05-01 S. A.
2017-05-01 Application for leave to appeal, (Book Form), Completed on: 2017-05-01 S. A.