Docket

38834

IBC Advanced Technologies Inc. and Steven Izatt v. Ucore Rare Metals Inc.

(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)
2020-04-17 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2020-04-17 Judgment on leave sent to the parties
2020-04-16 Judgment of the Court on the application for leave to appeal, The motion for permission to file a sur-reply is dismissed. The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 487418, 2019 NSCA 80, dated October 9, 2019, is dismissed with costs.
Dismissed, with costs
2020-04-16 Decision on the miscellaneous motion, See decision on application
Dismissed
2020-03-16 All materials on application for leave submitted to the Judges, for consideration by the Court
2020-03-16 Submission of miscellaneous motion, for consideration by the Court
2020-02-26 Reply to miscellaneous motion, (Letter Form), Completed on: 2020-02-26 Ucore Rare Metals Inc.
2020-02-21 Response to miscellaneous motion, (Letter Form), Completed on: 2020-02-21 IBC Advanced Technologies Inc. and Steven Izatt
2020-02-11 Notice of miscellaneous motion, (Book Form), Motion to permit Sur-Reply, Completed on: 2020-02-11 Ucore Rare Metals Inc.
2020-02-03 Other memorandum of argument on application for leave, (Letter Form), Sur-Reply Ucore Rare Metals Inc.
2020-01-30 Applicant's reply to respondent's argument, (Letter Form), Completed on: 2020-01-30 IBC Advanced Technologies Inc. and Steven Izatt
2020-01-20 Certificate (on limitations to public access), (Letter Form), 23A Ucore Rare Metals Inc.
2020-01-20 Notice of name, (Letter Form) Ucore Rare Metals Inc.
2020-01-20 Respondent's response on the application for leave to appeal, (Book Form), (5 volumes), Completed on: 2020-01-20 Ucore Rare Metals Inc.
2019-12-19 Letter acknowledging receipt of a complete application for leave to appeal
2019-12-09 Application for leave to appeal, (Book Form), Completed on: 2019-12-09 IBC Advanced Technologies Inc. and Steven Izatt
2019-10-18 Order issued on motion for a stay of execution, by BROWN J.
2019-10-18 Decision on the motion for a stay of execution, Br,
UPON APPLICATION by the applicants pursuant to section 65.1 of the Supreme Court Act and Rules 6 and 62 of the Rules of the Supreme Court of Canada for an order:

1) staying the order of the Supreme Court of Nova Scotia, Number 483216, 2019 NSSC 132, dated April 23, 2019, until fifteen (15) business days after the decision on the application for leave to appeal or, if leave to appeal is granted, until the appeal is disposed of;

2) staying the order of the Court of Appeal of Nova Scotia, Number CA 487418, 2019 NSCA 80, dated October 9, 2019, until fifteen (15) business days after the decision on the application for leave to appeal or, if leave to appeal is granted, until the appeal is disposed of;

3) staying the proceedings in the Supreme Court of Nova Scotia, Number 483216, until fifteen (15) business days after the decision on the application for leave to appeal or, if leave to appeal is granted, until the appeal is disposed of;

4) abridging the respondent’s deadline to serve and file a response to the motion for a stay of execution to October 17, 2019, 4 p.m., and the applicants’ deadline to serve and file a reply to the response to October 18, 2019, 12 p.m.;

5) in the alternative, for an interim order staying the order of the Court of Appeal of Nova Scotia, Number 487418, 2019 NSCA 80, dated October 9, 2019, pending the determination of the motion for stay of execution;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is dismissed.

Dismissed
2019-10-18 Submission of motion for a stay of execution, Br
2019-10-18 Correspondence received from, (Letter Form), Stewart Hayne and Caitlin Regan.
With regards to the motion for a stay.
Ucore Rare Metals Inc.
2019-10-18 Supplemental document, (Book Form), in support of motion for a stay IBC Advanced Technologies Inc. and Steven Izatt
2019-10-17 Correspondence received from, (Letter Form), Stewart Hayne and Caitlin Regan.
With regards to the deadline for the filing of the response to the motion for a stay.
Ucore Rare Metals Inc.
2019-10-16 Certificate (on limitations to public access), (Letter Form), 23A IBC Advanced Technologies Inc. and Steven Izatt
2019-10-16 Notice of name, (Letter Form) IBC Advanced Technologies Inc. and Steven Izatt
2019-10-16 Motion for a stay of execution, (Book Form), Completed on: 2020-03-17 IBC Advanced Technologies Inc. and Steven Izatt
2019-10-16 Notice of application for leave to appeal, (Letter Form), Amended notice rec'd 2020-02-19, Completed on: 2019-12-19 IBC Advanced Technologies Inc. and Steven Izatt