Docket

38521

Atlantic Lottery Corporation Inc., et al. v. Douglas Babstock, et al.

(N.L.) (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)
2020-09-11 Appeal closed
2020-07-27 Formal judgment sent to the registrar of the court of appeal and all parties
2020-07-27 Judgment on appeal and notice of deposit of judgment sent to all parties
2020-07-24 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeals from the judgment of the Court of Appeal of Newfoundland and Labrador, Numbers 201401H0081, 201701H0007, 201701H0013 and 201701H0021, 2018 NLCA 71, dated December 10, 2018, heard on December 3, 2019, are allowed. The certification order is set aside and the plaintiffs’ statement of claim is struck in its entirety. Wagner C.J. and Karakatsanis, Martin and Kasirer JJ. dissent in part.
Allowed
2019-12-13 Transcript received, 138 p.
2019-12-03 Judgment reserved OR rendered with reasons to follow
2019-12-03 Hearing of the appeal, 2019-12-03, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment reserved
2019-12-03 Intervener's condensed book, (Book Form) Western Canada Lottery Corporation
2019-12-03 Intervener's condensed book, (Book Form) Attorney General of Manitoba
2019-12-03 Intervener's condensed book, (Book Form) Attorney General of Ontario
2019-12-03 Intervener's condensed book, (Book Form) Bally Gaming Canada Ltd. and Bally Gaming Inc.
2019-12-03 Respondent's condensed book, (Book Form) Douglas Babstock
2019-12-03 Appellant's condensed book, (Book Form) VLC, Inc.
2019-12-03 Appellant's condensed book, (Book Form) Atlantic Lottery Corporation Inc.
2019-11-28 Correspondence received from, (Letter Form), 1 additional reserved seat requested. Alberta Gaming, Liquor, and Cannabis Commission
2019-11-27 Appeal perfected for hearing
2019-11-26 Correspondence received from, (Letter Form), 1 reserved seats requested. Alberta Gaming, Liquor, and Cannabis Commission
2019-11-26 Notice of appearance, (Letter Form), Mandy L. England and Michael Sobkin will appear before the court. Ms. England will present oral arguments. Alberta Gaming, Liquor, and Cannabis Commission
2019-11-22 Respondent's book of authorities, (Book Form), Supplental book of authorities, Completed on: 2019-11-22 Douglas Babstock
2019-11-21 Notice of appearance, (Letter Form), Matthew Milne-Smith will appear before the court, and will present oral arguments. Canadian Chamber of Commerce
2019-11-18 Correspondence received from, (Letter Form), 5 reserved seats requested.
Atlantic Lottery Corporation Inc.
2019-11-18 Notice of appearance, (Letter Form), Jared G. Biden will appear before the court, and will present oral arguments. Attorney General for Saskatchewan
2019-11-18 Notice of appearance, (Letter Form), Denis Guénette and Tom Dobson will appear before the court. Mr. Guénette will present oral arguments. Attorney General of Manitoba
2019-11-18 Correspondence received from, (Letter Form), 4 reserved seats requested. VLC, Inc.
2019-11-18 Notice of appearance, (Letter Form), Ian F. Kelly, Q.C., Daniel M. Glover, Colm St. R. Seviour, Q.C., Koren A. Thomson and Jorge P. Segovia will appear before the court. Mr. Kelly will present oral arguments. VLC, Inc.
2019-11-18 Notice of appearance, (Letter Form), Julie Rosenthal, Mike Eizenga, Sarah Stothart and Jonathan G. Bell will appear before the court. Ms. Rosenthal and Mr. Eizenga will present oral arguments. Atlantic Lottery Corporation Inc.
2019-11-15 Correspondence received from, (Letter Form), 3 reserved seats requested. British Columbia Lottery Corporation
2019-11-15 Notice of appearance, (Letter Form), K. Michael Stephens, Shannon Ramsay and Aubin Calvert will appear before the court. Mr. Stephens will present oral arguments. British Columbia Lottery Corporation
2019-11-15 Notice of appearance, (Letter Form), Kirk M. Baert and Celeste Poltak will appear before the court. Mr. Baert will present oral arguments. Douglas Babstock
2019-11-15 Other book of authorities, (Letter Form), Supplemental Auhtorities (1 page), Completed on: 2019-11-15 Atlantic Lottery Corporation Inc.
2019-11-15 Respondent's book of authorities, (Book Form), Reply Factum, Completed on: 2019-11-15 Douglas Babstock
2019-11-15 Reply factum on appeal, (Book Form), Completed on: 2019-11-15 Douglas Babstock
2019-11-14 Correspondence received from, (Letter Form), 1 reserved seat requested. Western Canada Lottery Corporation
2019-11-14 Notice of appearance, (Letter Form), Keith Kilback, Q.C. and Alexander Shalashniy will appear before the court. Mr. Kilback will present oral arguments. Western Canada Lottery Corporation
2019-11-13 Correspondence received from, (Letter Form), 2 reserved seats requested. Attorney General of Ontario
2019-11-13 Notice of appearance, (Letter Form), Brent Kettles and Tom McKinlay will appear before the court. Mr. Kettles will present oral arguments. Attorney General of Ontario
2019-11-13 Correspondence received from, (Letter Form), 1 reserved seat requested. Bally Gaming Canada Ltd. and Bally Gaming Inc.
2019-11-13 Notice of appearance, (Letter Form), Paul D. Dicks, Q.C., Michael D. Lipton, Q.C. and Kevin J. Weber will appear before the court. Mr. Dicks will present oral arguments.
Bally Gaming Canada Ltd. and Bally Gaming Inc.
2019-11-13 Correspondence received from, 1 reserved seat requested. Canadian Gaming Association
2019-11-13 Notice of appearance, (Letter Form), Brandon Kain, Gillian P. Kerr and Adam Goldenberg will appear before the court. Mr. Kain will present oral arguments. Canadian Gaming Association
2019-11-12 Intervener's factum, (Book Form), Completed on: 2019-11-12 Attorney General of Manitoba
2019-11-12 Intervener's book of authorities, (Book Form), Completed on: 2019-11-12 Canadian Gaming Association
2019-11-12 Intervener's factum, (Book Form), Completed on: 2019-11-12 Canadian Gaming Association
2019-11-12 Intervener's factum, (Book Form), Completed on: 2019-11-12 Alberta Gaming, Liquor, and Cannabis Commission
2019-11-12 Intervener's book of authorities, (Book Form), Completed on: 2019-11-14 British Columbia Lottery Corporation
2019-11-12 Intervener's factum, (Book Form), Completed on: 2019-11-14 British Columbia Lottery Corporation
2019-11-12 Intervener's book of authorities, (Book Form), Completed on: 2019-11-12 Canadian Chamber of Commerce
2019-11-12 Intervener's factum, (Book Form), Completed on: 2019-11-12 Canadian Chamber of Commerce
2019-11-12 Intervener's factum, (Book Form), Completed on: 2019-11-12 Attorney General of Ontario
2019-11-12 Intervener's factum, (Book Form), Completed on: 2019-11-12 Western Canada Lottery Corporation
2019-11-08 Intervener's book of authorities, (Book Form), Completed on: 2019-11-08 Attorney General for Saskatchewan
2019-11-08 Intervener's factum, (Book Form), Completed on: 2019-11-08 Attorney General for Saskatchewan
2019-10-15 Certificate of counsel (attesting to record), (Letter Form) Douglas Babstock
2019-10-15 Respondent's record, (Book Form), Completed on: 2019-10-15 Douglas Babstock
2019-10-15 Respondent's book of authorities, (Book Form), Completed on: 2019-10-15 Douglas Babstock
2019-10-15 Respondent's factum, (Book Form), Completed on: 2019-10-15 Douglas Babstock
2019-10-10 Order on motion for leave to intervene, by MOLDAVER J.
2019-10-10 Decision on the motion for leave to intervene, Mo,
UPON APPLICATIONS by the Attorney General of Ontario; the Attorney General of Manitoba; the Attorney General for Saskatchewan; the Western Canada Lottery Corporation; the Alberta Gaming, Liquor, and Cannabis Commission; the Canadian Gaming Association; the Canadian Chamber of Commerce; and the British Columbia Lottery Corporation 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 eight (8) interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length on or before November 12, 2019.
The said eight (8) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The respondents are 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 19, 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.
IT IS HEREBY FURTHER ORDERED THAT:
Bally Gaming Canada Ltd. and Bally Gaming Inc. are granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

Granted
2019-10-10 Submission of motion for leave to intervene, Mo
2019-09-30 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2019-09-30 Canadian Gaming Association
2019-09-26 Intervener's factum, (Book Form), Completed on: 2019-09-26 Bally Gaming Canada Ltd. and Bally Gaming Inc.
2019-09-24 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2019-09-24 Canadian Chamber of Commerce
2019-09-23 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2019-09-23 Alberta Gaming, Liquor, and Cannabis Commission
2019-09-23 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-09-23 VLC, Inc.
2019-09-23 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-09-23 Atlantic Lottery Corporation Inc.
2019-09-19 Response to the motion for leave to intervene, (Letter Form), filed by the Canadian Chamber of Commerce, Completed on: 2019-09-19 Douglas Babstock
2019-09-18 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-09-18 Bally Gaming Canada Ltd. and Bally Gaming Inc.
2019-09-17 Response to the motion for leave to intervene, (Letter Form), joint response to seven proposed interveners, Completed on: 2019-09-17 Douglas Babstock
2019-09-16 Notice of name, (Letter Form) British Columbia Lottery Corporation
2019-09-16 Certificate (on limitations to public access), 23A British Columbia Lottery Corporation
2019-09-16 Intervener's book of authorities, (Book Form), Completed on: 2019-09-16 British Columbia Lottery Corporation
2019-09-16 Motion for leave to intervene, (Book Form), Completed on: 2019-09-16 British Columbia Lottery Corporation
2019-09-16 Notice of name, (Letter Form) Canadian Chamber of Commerce
2019-09-16 Motion for leave to intervene, (Book Form), Completed on: 2019-09-16 Canadian Chamber of Commerce
2019-09-16 Motion for leave to intervene, (Book Form), Completed on: 2019-09-16 Attorney General for Saskatchewan
2019-09-16 Motion for leave to intervene, (Book Form), Completed on: 2019-09-13 Attorney General of Manitoba
2019-09-13 Notice of name, (Letter Form) Attorney General of Ontario
2019-09-13 Certificate (on limitations to public access), (Letter Form), 23A Attorney General of Ontario
2019-09-13 Motion for leave to intervene, (Book Form), Completed on: 2019-09-13 Attorney General of Ontario
2019-09-13 Notice of name, (Letter Form) Canadian Gaming Association
2019-09-13 Certificate (on limitations to public access), (Letter Form), 23A Canadian Gaming Association
2019-09-13 Motion for leave to intervene, (Book Form), Completed on: 2019-09-13 Canadian Gaming Association
2019-09-12 Notice of name, (Letter Form), (Electronic version filed on 2019-09-13) Alberta Gaming, Liquor, and Cannabis Commission
2019-09-12 Motion for leave to intervene, (Book Form), Completed on: 2019-10-15, (Electronic version filed on 2019-09-13) Alberta Gaming, Liquor, and Cannabis Commission
2019-09-12 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2019-09-12) Western Canada Lottery Corporation
2019-09-11 Notice of name, (Letter Form), (Printed version filed on 2019-09-12) Western Canada Lottery Corporation
2019-09-11 Motion for leave to intervene, (Book Form), Completed on: 2019-09-11, (Printed version filed on 2019-09-12) Western Canada Lottery Corporation
2019-08-19 Appellant's book of authorities, (Book Form), Completed on: 2019-08-19 VLC, Inc.
2019-08-19 Appellant's factum, (Book Form), Completed on: 2019-08-19 VLC, Inc.
2019-08-19 Correspondence received from, Volume II of the Record contains parts of Volume I. Atlantic Lottery Corporation Inc.
2019-08-19 Certificate of counsel (attesting to record), (Letter Form) Atlantic Lottery Corporation Inc.
2019-08-19 Appellant's record, (Book Form), (3 volumes), Joint with VCL, Inc., et al., Completed on: 2019-08-19 Atlantic Lottery Corporation Inc.
2019-08-19 Appellant's book of authorities, (Book Form), (4 volumes), Completed on: 2019-08-19 Atlantic Lottery Corporation Inc.
2019-08-19 Appellant's factum, (Book Form), Completed on: 2019-08-19 Atlantic Lottery Corporation Inc.
2019-08-13 Notice of hearing sent to parties
2019-07-31 Appeal hearing scheduled, 2019-12-03
Judgment reserved
2019-06-24 Notice of appeal, (Letter Form), Completed on: 2019-06-24 Atlantic Lottery Corporation Inc.
2019-06-24 Notice of appeal, (Letter Form), Completed on: 2019-06-24 VLC, Inc.
2019-06-10 Notice of change of counsel, (Letter Form), Colleen Bauman is now agent for the appellant. Atlantic Lottery Corporation Inc.
2019-05-29 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2019-05-24 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2019-05-24 Judgment on leave sent to the parties
2019-05-23 Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Court of Appeal of Newfoundland and Labrador, Numbers 201401H0081, 201701H0007, 201701H0013 and 201701H0021, 2018 NLCA 71, dated December 10, 2018, are granted with costs in the cause.
Granted, with costs in the cause
2019-04-15 All materials on application for leave submitted to the Judges, for consideration by the Court
2019-03-29 Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-03-29 VLC, Inc.
2019-03-29 Certificate (on limitations to public access), (Letter Form), Form 23B Atlantic Lottery Corporation Inc.
2019-03-29 Certificate (on limitations to public access), (Letter Form), Form 23A
(amended version required - received 2019-04-04)
Atlantic Lottery Corporation Inc.
2019-03-29 Applicant's reply to respondent's argument, (Book Form), MISSING: amended Form 23A (received 2019-04-04), Completed on: 2019-04-16 Atlantic Lottery Corporation Inc.
2019-03-19 Certificate (on limitations to public access), (Letter Form) Douglas Babstock
2019-03-19 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-03-19 Douglas Babstock
2019-03-14 Notice of name, (Letter Form) Bally Gaming Canada Ltd. and Bally Gaming Inc.
2019-03-14 Intervener's memorandum of argument on application for leave, (Letter Form), Completed on: 2019-03-14 Bally Gaming Canada Ltd. and Bally Gaming Inc.
2019-02-25 Letter acknowledging receipt of a complete application for leave to appeal, SECOND APPLICATION
FILE OPENED 2019/02/25
2019-02-25 Letter acknowledging receipt of a complete application for leave to appeal, FIRST APPLICATION
FILE OPENED 2019/02/25
2019-02-08 Certificate (on limitations to public access), (Letter Form), SECOND APPLICATION VLC, Inc.
2019-02-08 Notice of name, (Letter Form), SECOND APPLICATION VLC, Inc.
2019-02-08 Application for leave to appeal, (Book Form), SECOND APPLICATION, Completed on: 2019-02-08 VLC, Inc.
2019-02-08 Book of authorities, (Book Form), FIRST APPLICATION, Completed on: 2019-02-08 Atlantic Lottery Corporation Inc.
2019-02-08 Notice of name, (Letter Form), FIRST APPLICATION Atlantic Lottery Corporation Inc.
2019-02-08 Certificate (on limitations to public access), (Letter Form), FIRST APPLICATION Atlantic Lottery Corporation Inc.
2019-02-08 Application for leave to appeal, (Book Form), (3 volumes), FIRST APPLICATION, Completed on: 2019-02-08 Atlantic Lottery Corporation Inc.