Docket

38459

Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia, et al. v. Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association

(Nova Scotia) (Civil) (By Leave)

(Publication ban in case) (Sealing order) (Certain information not available to the public)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2020-12-03 Appeal closed
2020-12-03 Certificate of taxation issued to, Susan Dawes
2020-12-03 Decision on the bill of costs, in the amount of $8,322.20, DeRg
2020-12-03 Submission of the bill of costs, DeRg
2020-09-17 Bill of costs, (Book Form), Completed on: 2020-09-17, (Printed version due on 2020-09-24) Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2020-08-12 Appellant's record, (Book Form), REDACTED - Amended version of VOLUME 3, pursuant to a direction from the Court outlined in their Reasons for Judgment. (2020 SCC 21) , Completed on: 2020-08-12 Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2020-08-04 Formal judgment sent to the registrar of the court of appeal and all parties
2020-08-04 Judgment on appeal and notice of deposit of judgment sent to all parties
2020-07-31 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 475635, 2018 NSCA 83, dated October 30, 2018, heard on December 9, 2019, is allowed in part, with costs to the respondents. The Supreme Court of Nova Scotia’s declaration is modified such that the components of the Attorney General’s report titled “government-wide implications” and “communications plan” should be included in the record. Within 10 days of this judgment, the appellants shall file in this Court a new redacted version of volume 3 of the appellants’ record, amended accordingly.
Allowed in part, with costs
2019-12-27 Transcript received, Joint with 38381 - 159 pages
2019-12-09 Judgment reserved OR rendered with reasons to follow
2019-12-09 Hearing of the appeal, 2019-12-09, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment reserved
2019-12-09 General proceeding, (Letter Form), Case Sensitivity Questionnaire Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2019-12-09 General proceeding, (Letter Form), Case Sensitivity Questionnaire Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-12-09 Intervener's condensed book, (Book Form), Joint with 38381 - Submitted in Court (14 copies) Attorney General of Ontario
2019-12-09 Intervener's condensed book, (Book Form), Joint with 38381 - Submitted in Court (14 copies) Attorney General of Canada
2019-12-09 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2019-12-09 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-12-06 Correspondence received from, (Letter Form), Andrew D. Taillon will present oral arguments instead of Edward A. Gores, Q.C. Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-12-05 Correspondence received from, (Letter Form), Joint with 38381. Marilyn Venney will appear before the Court instead of Dayna Anderson. Attorney General of Canada
2019-12-04 Correspondence received from, (Letter Form), Joint with 38381 - 2 reserved seats requested. Canadian Superior Courts Judges Association
2019-11-27 Correspondence received from, (Letter Form), Joint with 38381.
2 reserved seats requested.		 Canadian Association of Provincial Court Judges
2019-11-22 Correspondence received from, (Letter Form), Joint with 38381.
1 reserved seat requested.		 Canadian Bar Association
2019-11-21 Notice of appearance, (Letter Form), Edward A. Gores, Q.C. and Andrew D. Taillon will appear before the court. Mr. Gores will present oral arguments. Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-11-21 Notice of appearance, (Letter Form), Joint with 38381.
Thomson Irvine, Q.C. will appear before the court, and will present oral arguments.
 Attorney General for Saskatchewan
2019-11-19 Notice of appearance, (Letter Form), Joint with 38381.
Doreen C. Mueller will appear before the court, and will present oral arguments.
 Attorney General of Alberta
2019-11-19 Correspondence received from, (Letter Form), Joint with 38381.
1 reserved seat requested.
 Attorney General of Ontario
2019-11-19 Notice of appearance, (Letter Form), Joint with 38381.
Sarah Kraicer and Andrea Bolieiro will appear before the court. Ms. Kraicer will present oral arguments.
 Attorney General of Ontario
2019-11-18 Correspondence received from, (Letter Form), Joint with 38381.
1 reserved seat requested.		 Canadian Taxpayers Federation
2019-11-18 Notice of appearance, (Letter Form), Joint with 38381.
Adam Goldenberg and Stephanie Willsey will appear before the court. Mr. Goldenberg will present oral arguments.
 Canadian Taxpayers Federation
2019-11-15 Notice of appearance, (Letter Form), Joint with 38381.
Guy J. Pratte, Ewa Krajewska and Neil Abraham will appear before the court. Mr. Pratte will present oral arguments.
 Canadian Bar Association
2019-11-14 Notice of appearance, (Letter Form), Joint with 38381.
Pierre Bienvenu, AD. E., Azim Hussain and Jean-Simon Schoenholz will appear before the court. Mr. Bienvenu will present oral arguments.
 Canadian Superior Courts Judges Association
2019-11-13 Correspondence received from, (Letter Form), Joint with 38381.
3 reserved seats requested.		 Canadian Civil Liberties Association
2019-11-13 Notice of appearance, (Letter Form), Joint with 38381.
Steven M. Barrett and Colleen Bauman will appear before the court. Mr. Barrett will present oral arguments.
 Canadian Association of Provincial Court Judges
2019-11-13 Notice of appearance, (Letter Form), Joint with 38381.
Brigitte Bussières and Robert Desroches will appear before the court. Ms. Bussières will present oral arguments.
 Attorney General of Quebec
2019-11-13 Correspondence received from, (Letter Form), Joint with 38381.
2 reserved seats requested.		 Canadian Civil Liberties Association
2019-11-13 Notice of appearance, (Letter Form), Joint with 38381.
Andrew K. Lokan and Lauren Pearce will appear before the court. Mr. Lokan will present oral arguments.
 Canadian Civil Liberties Association
2019-11-12 Notice of appearance, (Letter Form), Joint with 38381.
Michael H. Morris and Dayna Anderson will appear before the court. Mr. Morris will present oral arguments.		 Attorney General of Canada
2019-11-12 Notice of appearance, (Letter Form), Susan Dawes and Kristen Worbanski will appear before the court. Ms. Dawes will present oral arguments. Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2019-11-06 Reply factum on appeal, (Book Form), Completed on: 2019-11-06 Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-11-06 Reply factum on appeal, (Book Form), Completed on: 2019-11-06 Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2019-10-23 Intervener's book of authorities, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Canadian Superior Courts Judges Association
2019-10-23 Intervener's factum, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Canadian Superior Courts Judges Association
2019-10-23 Intervener's book of authorities, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Canadian Taxpayers Federation
2019-10-23 Intervener's factum, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Canadian Taxpayers Federation
2019-10-23 Intervener's factum, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Canadian Bar Association
2019-10-23 Intervener's book of authorities, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Canadian Association of Provincial Court Judges
2019-10-23 Intervener's factum, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Canadian Association of Provincial Court Judges
2019-10-23 Intervener's book of authorities, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Canadian Civil Liberties Association
2019-10-23 Intervener's factum, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Canadian Civil Liberties Association
2019-10-23 Intervener's book of authorities, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Attorney General of Alberta
2019-10-23 Intervener's factum, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Attorney General of Alberta
2019-10-23 Intervener's book of authorities, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Attorney General for Saskatchewan
2019-10-23 Intervener's factum, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Attorney General for Saskatchewan
2019-10-23 Intervener's book of authorities, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Attorney General of Quebec
2019-10-23 Intervener's factum, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Attorney General of Quebec
2019-10-23 Intervener's factum, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Attorney General of Ontario
2019-10-23 Intervener's book of authorities, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Attorney General of Canada
2019-10-23 Intervener's factum, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Attorney General of Canada
2019-10-03 Appeal perfected for hearing
2019-09-13 Notice of hearing sent to parties
2019-09-11 Order on motion for leave to intervene, by MOLDAVER J.
2019-09-11 Decision on the motion for leave to intervene,
Joint with 38381.
REVISED September 12, 2019., Mo,

UPON APPLICATION by the Attorney General for Saskatchewan for an order extending the time to serve and file a motion for leave to intervene in the appeal Attorney General of British Columbia v. Provincial Court Judges’ Association of British Columbia (38381);
AND UPON APPLICATION by the Canadian Civil Liberties Association for an order extending the time to serve and file a motion for leave to intervene in the above appeals;
AND UPON APPLICATIONS by the Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Quebec, the Attorney General for Saskatchewan, the Attorney General of Alberta, the Canadian Superior Courts Judges Association, the Canadian Bar Association, the Canadian Association of Provincial Court Judges, the Canadian Taxpayers Federation and the Canadian Civil Liberties Association for leave to intervene in the above appeals;
AND UPON REQUESTS by the appellants to serve and file a factum in reply to the interventions;
AND UPON REQUESTS by the respondents to serve and file a factum in reply to the interventions;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for an extension of time to serve and file a motion for leave to intervene are granted.
The motions for leave to intervene are granted and the said ten (10) interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length on or before October 23, 2019.
The said ten (10) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals.
The appellants are each granted permission to serve and file a single factum in reply to all interventions not to exceed five (5) pages in length on or before November 6, 2019.
The respondents are each granted permission to serve and file a single factum in reply to all interventions not to exceed five (5) pages in length on or before November 6, 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 appellants and respondents any additional disbursements resulting from their interventions.

Granted
2019-09-11 Submission of motion for leave to intervene, Mo
2019-09-11 Order on motion to extend time, by MOLDAVER J.
2019-09-11 Decision on motion to extend time,
See order on motions for leave to intervene., Mo
Granted
2019-09-11 Submission of motion to extend time, Mo
2019-08-19 Respondent's book of authorities, (Book Form), Completed on: 2019-08-19 Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2019-08-19 Respondent's factum, (Book Form), Completed on: 2019-08-19 Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2019-08-15 Response to motion to extend time, (Letter Form), (Included in the response to the motion for leave to intervene), Completed on: 2019-08-15 Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-08-15 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-08-15 Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-08-12 Response to motion to extend time, (Letter Form), (Included in the response to the motion for leave to intervene), Completed on: 2019-08-12 Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2019-08-12 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-08-12 Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2019-08-08 Notice of name, (Letter Form), Joint with 38381 Canadian Civil Liberties Association
2019-08-08 Motion to extend time, (Book Form), (Included in the motion for leave to intervene), to serve and file a motion for leave to intervene.
Joint with 38381, Completed on: 2019-08-08		 Canadian Civil Liberties Association
2019-08-08 Motion for leave to intervene, (Book Form), Joint with 38381, Completed on: 2019-08-08 Canadian Civil Liberties Association
2019-07-31 Reply to the motion for leave to intervene, (Letter Form), Joint with 38381, Completed on: 2019-07-31 Canadian Association of Provincial Court Judges
2019-07-31 Appeal hearing scheduled, 2019-12-09, (Previously tentatively scheduled for November 6, 2019)
Judgment reserved
2019-07-30 Reply to the motion for leave to intervene, (Letter Form), Joint with 38381, Completed on: 2019-07-30 Canadian Taxpayers Federation
2019-07-26 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-07-26 Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-07-24 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-07-24 Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2019-07-22 Motion for leave to intervene, (Book Form), Joint with 38381, Completed on: 2019-07-22 Attorney General for Saskatchewan
2019-07-19 Motion for leave to intervene, (Letter Form), Joint with 38381, Completed on: 2019-07-19 Attorney General of Quebec
2019-07-19 Notice of name, (Letter Form), Joint with 38381 Canadian Taxpayers Federation
2019-07-19 Certificate (on limitations to public access), (Letter Form), Form 23A - Joint with 38381 Canadian Taxpayers Federation
2019-07-19 Motion for leave to intervene, (Book Form), Joint with 38381, Completed on: 2019-07-19 Canadian Taxpayers Federation
2019-07-19 Notice of name, (Letter Form), Joint with 38381 Attorney General of Ontario
2019-07-19 Certificate (on limitations to public access), (Letter Form), Form 23A Attorney General of Ontario
2019-07-19 Motion for leave to intervene, (Book Form), Completed on: 2019-07-19 Attorney General of Ontario
2019-07-19 Motion for leave to intervene, (Book Form), Joint with 38381, Completed on: 2019-07-19 Attorney General of Canada
2019-07-18 Motion for leave to intervene, (Book Form), Joint with 38381
MISSING:
1) filing fee (rec'd 2019/07/22)
2) proof of service (received 2019-07-19), Completed on: 2019-07-22		 Attorney General of Alberta
2019-07-18 Notice of name, (Letter Form), Joint with 38381 Canadian Association of Provincial Court Judges
2019-07-18 Motion for leave to intervene, (Book Form), Joint with 38381
MISSING: proof of service (received 2019-07-19), Completed on: 2019-07-23		 Canadian Association of Provincial Court Judges
2019-07-18 Notice of name, (Letter Form), Joint with 38381 Canadian Bar Association
2019-07-18 Motion for leave to intervene, (Book Form), Joint with 38381, Completed on: 2019-07-18 Canadian Bar Association
2019-07-17 Notice of name, (Letter Form), Joint with 38381 Canadian Superior Courts Judges Association
2019-07-17 Motion for leave to intervene, (Book Form), Joint with 38381.
MISSING: filing fee-rec'd 2019/07/22, Completed on: 2019-07-22		 Canadian Superior Courts Judges Association
2019-06-24 Certificate (on limitations to public access), (Letter Form) Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-06-24 Certificate (on limitations to public access), (Letter Form), Amended 23A Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-06-24 Certificate of counsel (attesting to record), (Book Form) Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-06-24 Correspondence received from, (Letter Form), the appellants; explanation of the Sealed document filed. Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-06-24 Appellant's book of authorities, (Book Form), Completed on: 2019-06-24 Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-06-24 Appellant's record, (Book Form), (3 volumes), VOLUME 3 SEALED; 2 Redacted copies of Volume 3 filed 2019/06/24, Completed on: 2019-06-24 Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-06-24 Appellant's factum, (Book Form), Completed on: 2019-06-24 Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-06-04 Correspondence (sent by the Court) to, the parties. The hearing of this appeal is tentatively rescheduled for December 9, 2019.
2019-05-01 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2019-04-29 Notice of appeal, (Letter Form), Completed on: 2019-04-29 Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-03-29 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2019-03-29 Judgment on leave sent to the parties
2019-03-28 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 475635, 2018 NSCA 83, dated October 30, 2018, is granted with costs in the cause.

The appeal will be heard with Attorney General of British Columbia v. Provincial Court Judges’ Association of British Columbia (38381).
Granted, with costs in the cause
2019-02-18 All materials on application for leave submitted to the Judges, for consideration by the Court
2019-02-07 Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-02-07 Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-01-28 Notice of name, (Letter Form) Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2019-01-28 Certificate (on limitations to public access), (Letter Form) Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2019-01-28 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-01-28 Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2019-01-04 Notice of name, (Letter Form) Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-01-03 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2019/01/03
2018-12-28 Certificate (on limitations to public access), (Letter Form), Amended certificate required-rec'd 2019/02/20 Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2018-12-28 Application for leave to appeal, (Book Form), Missing NSSC Order-rec'd 2019/01/08; Missing notice of name-paper copy rec'd 2018/01/07; Amended notice required-paper copy rec'd 2018/01/07, Completed on: 2019-01-08 Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia