Docket

38252

David Matthews v. Ocean Nutrition Canada Limited

(Nova Scotia) (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)
2023-03-30 Appeal closed
2023-03-28 Correspondence (sent by the Court) to, all parties, Re: certificate of taxation
2023-03-28 Certificate of taxation issued to, Howard Levitt (original sent by mail to appellant and electronic copies to all parties)
2023-03-28 Decision on the bill of costs, in the amount of $11,720.79, Reg
2023-03-28 Submission of the bill of costs, Reg
2021-04-08 Reply to the bill of costs, Completed on: 2022-11-29 David Matthews
2021-03-31 Response to the bill of costs, Completed on: 2022-11-29 Ocean Nutrition Canada Limited
2021-03-22 Bill of costs, *Under review, Incomplete David Matthews
2020-10-13 Formal judgment sent to the registrar of the court of appeal and all parties
2020-10-13 Judgment on appeal and notice of deposit of judgment sent to all parties
2020-10-09 Judgment on the appeal rendered, CJ Mo Côt Br Row Mar Kas, The appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 460556, 2018 NSCA 44, dated May 24, 2018, heard on October 8, 2019, is allowed, the judgment of the Court of Appeal is set aside and the judgment of the Supreme Court of Nova Scotia is restored, with costs throughout.
Allowed, with costs
2019-10-18 Transcript received, 119 pages
2019-10-08 Judgment reserved OR rendered with reasons to follow
2019-10-08 Hearing of the appeal, 2019-10-08, CJ Mo Côt Br Row Mar Kas
Judgment reserved
2019-10-08 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Don Valley Community Legal Services
2019-10-08 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Ocean Nutrition Canada Limited
2019-10-08 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) David Matthews
2019-10-07 Correspondence received from, (Letter Form), 2 additional reserved seats requested.
 Canadian Association for Non-Organized Employees
2019-10-02 Reply factum on appeal, (Book Form), Completed on: 2019-10-02 David Matthews
2019-10-01 Notice of appearance, (Letter Form), Martin Sheard and David McWhinnie will appear before the court. Mr. Sheard will present oral arguments. Law Students Legal Advice Program
2019-10-01 Correspondence received from, (Letter Form), Change to Notice of Appearance.
Stacey Reginald Ball, Nadine Côté and Sean O’Donnell will appear before the court. Mr. Ball will present oral arguments.		 Canadian Association for Non-Organized Employees
2019-09-30 Order on motion to file a reply factum on appeal, (by MARTIN J.)
2019-09-30 Decision on the motion to file a reply factum on appeal, Mar,
UPON APPLICATION by the appellant for an order granting leave to serve and file a single reply factum to the interveners and for leave to serve and file a two-paragraph supplementary submission on this appeal;
AND NOTING the request for additional time for oral argument by the Canadian Association for Counsel to Employers;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted in part.
The appellant is permitted to serve and file a single reply factum to the interveners not exceeding 5 pages no later than October 2, 2019.
The motion for leave to serve and file a supplementary submission is dismissed.
The request for an additional five minutes of oral argument by the Canadian Association for Counsel to Employers is denied.
Allowed in part
2019-09-30 Submission of motion to file a reply factum on appeal, Mar
2019-09-27 Reply to motion to file a reply factum on appeal, (Letter Form), Completed on: 2019-09-27 David Matthews
2019-09-25 Notice of appearance, (Letter Form), Howard Levitt, Allyson Lee, Blair Mitchell and Saba Khan will appear before the court. Mr. Levitt will present oral arguments.
 David Matthews
2019-09-24 Correspondence received from, (Letter Form), 4 reserved seats requested. David Matthews
2019-09-23 Correspondence received from, (Letter Form), 1 reserved seat requested. Ocean Nutrition Canada Limited
2019-09-23 Notice of appearance, (Letter Form), Nancy F. Barteaux, Q.C., Mary B. Rolf and Kate E. Ross will appear before the court. Ms. Barteaux will present oral arguments. Ocean Nutrition Canada Limited
2019-09-23 Correspondence received from, (Letter Form), 3 reserved seats requested. Parkdale Community Legal Services
2019-09-23 Notice of appearance, (Letter Form), Christopher Rootham, Andrew Montague-Reinholdt and John No will appear before the court. Mr. Rootham will present oral arguments. Parkdale Community Legal Services
2019-09-23 Response to motion to file a reply factum on appeal, (Letter Form), Completed on: 2019-09-23 Ocean Nutrition Canada Limited
2019-09-20 Response to motion to file a reply factum on appeal, (Letter Form), Take no position, Completed on: 2019-09-20 Law Students Legal Advice Program
2019-09-20 Response to motion to file a reply factum on appeal, (Letter Form), Takes no position, Completed on: 2019-09-20 Canadian Association for Non-Organized Employees
2019-09-20 Response to motion to file a reply factum on appeal, (Letter Form), Completed on: 2019-09-20 Don Valley Community Legal Services
2019-09-20 Response to motion to file a reply factum on appeal, (Letter Form), Completed on: 2019-09-20 Canadian Association of Counsel to Employers
2019-09-19 Correspondence received from, (Letter Form), 2 reserved seats requested. Canadian Association for Non-Organized Employees
2019-09-18 Correspondence received from, (Letter Form), 2 reserved seats requested. Canadian Association of Counsel to Employers
2019-09-18 Notice of appearance, (Letter Form), Tim Lawson, Brandon Kain and Adam Goldenberg will appear before the court. Mr. Lawson will present oral arguments. Canadian Association of Counsel to Employers
2019-09-18 Correspondence received from, (Letter Form), 3 reserved seats requested. Don Valley Community Legal Services
2019-09-18 Notice of appearance, (Letter Form), Andrew Monkhouse and Alexandra Monkhouse will appear before the court. Mr. Andrew Monkhouse will present oral arguments. Don Valley Community Legal Services
2019-09-18 Appeal perfected for hearing
2019-09-17 Motion to file a reply factum on appeal, (Book Form), in reply to the interveners and for supplementary submission on the appeal, Completed on: 2019-09-17 David Matthews
2019-09-04 Notice of appearance, (Letter Form), Stacey Reginald Ball and Nadine Côté will appear before the court. Mr. Ball will present oral arguments. Canadian Association for Non-Organized Employees
2019-08-16 Reply factum on appeal, (Book Form), Completed on: 2019-08-16 Ocean Nutrition Canada Limited
2019-08-07 Notice of hearing sent to parties
2019-08-02 Intervener's factum, (Book Form), Completed on: 2019-08-02 Law Students Legal Advice Program
2019-08-02 Intervener's book of authorities, (Book Form), (3 volumes), Missing: Electronic copy (rec' 08/06/19), Completed on: 2019-08-06 Parkdale Community Legal Services
2019-08-02 Intervener's factum, (Book Form), Completed on: 2019-08-02 Parkdale Community Legal Services
2019-08-02 Intervener's book of authorities, (Book Form), Completed on: 2019-08-02 Canadian Association of Counsel to Employers
2019-08-02 Intervener's factum, (Book Form), Completed on: 2019-08-02 Canadian Association of Counsel to Employers
2019-08-01 Intervener's book of authorities, (Book Form), Completed on: 2019-08-01 Canadian Association for Non-Organized Employees
2019-08-01 Intervener's factum, (Book Form), Completed on: 2019-08-01 Canadian Association for Non-Organized Employees
2019-08-01 Intervener's book of authorities, (Book Form), Completed on: 2019-08-01 Don Valley Community Legal Services
2019-08-01 Intervener's factum, (Book Form), Completed on: 2019-08-01 Don Valley Community Legal Services
2019-07-31 Appeal hearing scheduled, 2019-10-08
Judgment reserved
2019-07-08 Appellant's book of authorities, (Book Form), Reply Factum, Completed on: 2019-07-08 David Matthews
2019-07-08 Reply factum on appeal, (Book Form), Completed on: 2019-07-08 David Matthews
2019-06-24 Certificate of counsel (attesting to record), (Letter Form) Ocean Nutrition Canada Limited
2019-06-24 Respondent's book of authorities, (Book Form), Completed on: 2019-06-24 Ocean Nutrition Canada Limited
2019-06-24 Respondent's record, (Book Form), (6 volumes), Completed on: 2019-06-24 Ocean Nutrition Canada Limited
2019-06-24 Respondent's factum, (Book Form), Completed on: 2019-06-24 Ocean Nutrition Canada Limited
2019-06-21 Order on motion for leave to intervene, by MARTIN J.
2019-06-21 Decision on the motion for leave to intervene, Mar,
UPON APPLICATION by Canadian Association for Non-Organized Employees, Don Valley Community Legal Services, Law Students Legal Advice Program, Canadian Association of Counsel to Employers and Parkdale Community Legal Services 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 be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before August 2, 2019.
The said five (5) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The respondent is granted permission to serve and file a single factum not exceeding five (5) pages in length in reply to these interventions on or before August 16, 2019.
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 resulting from their interventions.
Granted
2019-06-21 Submission of motion for leave to intervene, Mar
2019-06-14 Appellant's book of authorities, (Letter Form), Supplementary, Completed on: 2019-06-14 David Matthews
2019-06-11 Correspondence received from, (Letter Form) Canadian Association for Non-Organized Employees
2019-06-10 Correspondence received from, (Letter Form) David Matthews
2019-06-10 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2019-06-10 Don Valley Community Legal Services
2019-06-07 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2019-06-07 Canadian Association for Non-Organized Employees
2019-06-06 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2019-06-06 Parkdale Community Legal Services
2019-06-03 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-06-03 David Matthews
2019-06-03 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-06-03 David Matthews
2019-06-03 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-06-03 Ocean Nutrition Canada Limited
2019-05-27 Certificate (on limitations to public access), (Letter Form), Form 23A Parkdale Community Legal Services
2019-05-27 Notice of name, (Letter Form) Parkdale Community Legal Services
2019-05-27 Other book of authorities, (Book Form), in support of motion for leave to intervene.
MISSING: 1 copy (received 2019-05-30), Completed on: 2019-06-03		 Parkdale Community Legal Services
2019-05-27 Motion for leave to intervene, (Book Form), (2 volumes),
MISSING: 1 copy (received 2019-05-30), Completed on: 2019-06-03		 Parkdale Community Legal Services
2019-05-27 Notice of name, (Letter Form) Canadian Association of Counsel to Employers
2019-05-27 Motion for leave to intervene, (Book Form), Completed on: 2019-05-27 Canadian Association of Counsel to Employers
2019-05-27 Notice of name, (Letter Form) Law Students Legal Advice Program
2019-05-27 Motion for leave to intervene, (Book Form), Completed on: 2019-05-27 Law Students Legal Advice Program
2019-05-24 Notice of name, (Letter Form), amended version received on 2019-06-06 Don Valley Community Legal Services
2019-05-24 Motion for leave to intervene, (Letter Form), Completed on: 2019-05-24 Don Valley Community Legal Services
2019-05-23 Notice of name, (Letter Form) Canadian Association for Non-Organized Employees
2019-05-23 Motion for leave to intervene, (Book Form), MISSING:
1) proof of service (received 2019-05-23)
2) electronic version (received 2019-05-23), Completed on: 2019-05-24, (Electronic version due on 2019-05-30)		 Canadian Association for Non-Organized Employees
2019-04-29 Certificate of counsel (attesting to record), (Letter Form) David Matthews
2019-04-29 Appellant's record, (Book Form), Completed on: 2019-04-29 David Matthews
2019-04-29 Appellant's factum, (Book Form), Completed on: 2019-04-29 David Matthews
2019-03-04 Notice of appeal, (Letter Form), Completed on: 2019-03-04 David Matthews
2019-02-26 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2019-02-01 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2019-02-01 Judgment on leave sent to the parties
2019-01-31 Judgment of the Court on the application for leave to appeal,
The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 460556, 2018 NSCA 44, dated May 24, 2018, is granted with costs in the cause.
Granted, with costs in the cause
2018-12-31 All materials on application for leave submitted to the Judges, for consideration by the Court
2018-10-04 Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-10-04 David Matthews
2018-09-24 Certificate (on limitations to public access), (Letter Form), Form 23A Ocean Nutrition Canada Limited
2018-09-24 Notice of name, (Letter Form) Ocean Nutrition Canada Limited
2018-09-24 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-09-24 Ocean Nutrition Canada Limited
2018-08-24 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED: 24/08/2018
2018-08-22 Certificate (on limitations to public access), (Letter Form), Form 23A David Matthews
2018-08-22 Application for leave to appeal, (Book Form), Completed on: 2018-08-22 David Matthews