Docket

38992

Canadian Broadcasting Corporation v. His Majesty The King, et al.

(Manitoba) (Civil) (By Leave)

(Publication ban in case) (Sealing order)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2023-11-17 Appeal closed
2023-11-09 Written reasons rendered after oral judgment, CJ Ka Côt Row Mar Kas Ja
Dismissed, without costs
2023-11-02 Transcript received, SEALED
55 Pages
2023-10-23 Judgment on appeal and notice of deposit of judgment sent to all parties
2023-10-23 Formal judgment sent to the registrar of the court of appeal and all parties
2023-10-19 Judgment on the appeal rendered, CJ Ka Côt Row Mar Kas Ja, The appeal from the judgment of the Court of Appeal of Manitoba, Number AR14-30-08288, 2018 MBCA 125, dated November 27, 2018, adjourned sine die by the Court on September 24, 2021, 2021 SCC 33, was heard on October 19, 2023, and the Court on that day delivered the following judgment orally:



THE CHIEF JUSTICE — We are all of the view that the appeal should be dismissed. Therefore, the appeal is dismissed with reasons to follow, the whole without costs.


Dismissed
2023-10-19 Judgment reserved OR rendered with reasons to follow
2023-10-19 Hearing of the appeal, 2023-10-19, CJ Ka Côt Row Mar Kas Ja
Judgment reserved
2023-10-19 General proceeding, Case sensitivity questionnaire Canadian Broadcasting Corporation
2023-10-19 General proceeding, Case sensitivity questionnaire His Majesty The King
2023-10-19 General proceeding, Case Sensitivity Questionnaire B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2023-10-17 Certificate (on limitations to public access), 23B B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2023-10-17 Respondent's condensed book, (Book Form), REDACTED B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2023-10-17 Certificate (on limitations to public access), 23B Canadian Broadcasting Corporation
2023-10-17 Appellant's condensed book, (Book Form), REDACTED Canadian Broadcasting Corporation
2023-10-17 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2023-10-24) His Majesty The King
2023-10-17 Respondent's condensed book, (Book Form), REDACTED, (Printed version filed on 2023-10-17) His Majesty The King
2023-10-16 Intervener's condensed book, (Book Form) Ad IDEM / Canadian Media Lawyers Association
2023-10-13 Correspondence received from, Write to advise that the Appellant’s counsel intends to refer to an additional authority during the course of oral argument on October 19, 2023. La Presse inc. v. Quebec, 2023 SCC 22, was released October 6, 2023 by this Court. The Appellant’s Condensed Book will include the relevant excerpts of this new authority. Canadian Broadcasting Corporation
2023-09-21 Notice of appearance, Lesley Ruzicka and Chantelle Rajotte will appear before the Court Via Zoom and Ms. Ruzicka will present oral argument.
Attorney General of British Columbia
2023-09-20 Notice of appearance, Iain MacKinnon will appear before the Court via Zoom and will present oral argument.
Ad IDEM / Canadian Media Lawyers Association
2023-09-20 Notice of appearance, Michael Bernstein will appear before the Court Via Zoom and will present oral argument.
Attorney General for Ontario
2023-09-20 Notice of appearance, Mr. Fredrick Schumann and Ms. Karen Bernofsky will appear before the Court Via Zoom and Mr. Schumann will present oral argument.
Centre for Free Expression
2023-09-20 Notice of appearance, Mr. Michael Bodner and Joel N. Myskiw will appear in person before the Court, Mr. Bodner will present oral argument.
His Majesty The King
2023-09-20 Notice of appearance, Jonathan B. Kroft, K.C.; Sean Moreman and Jennifer Sokal will appear in person before the Court, Mr. Kroft will present Oral argument and Mr. Moreman will make reply argument. Canadian Broadcasting Corporation
2023-09-20 Notice of appearance, Mr. Robert Gosman will appear in person before the Court and will present oral argument.
B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2023-09-12 Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2023-09-19) Canadian Broadcasting Corporation
2023-09-12 Reply factum on appeal, (Book Form), SEALED
Redacted copy filed 09/12/2023, Completed on: 2023-09-12, (Printed version filed on 2023-09-12)
Canadian Broadcasting Corporation
2023-09-06 Intervener's factum, (Book Form), Missing:
- Proof of service (Rec'd 2023-09-12), Completed on: 2023-10-13, (Printed version filed on 2023-09-12)
Ad IDEM / Canadian Media Lawyers Association
2023-09-05 Intervener's factum, (Book Form), Missing:
- Proof of service (2023-10-06), Completed on: 2023-10-10
Attorney General for Ontario
2023-09-05 Intervener's factum, (Book Form), Completed on: 2023-09-08, (Printed version filed on 2023-09-08) Centre for Free Expression
2023-09-05 Intervener's book of authorities, (Book Form), Completed on: 2023-09-05, (Printed version filed on 2023-09-05) Attorney General of British Columbia
2023-09-05 Intervener's factum, (Book Form), Completed on: 2023-09-05, (Printed version filed on 2023-09-05) Attorney General of British Columbia
2023-08-08 Certificate (on limitations to public access), Form 23B His Majesty The King
2023-08-08 Certificate (on limitations to public access) His Majesty The King
2023-08-08 Respondent's book of authorities, (Book Form), Completed on: 2023-08-08 His Majesty The King
2023-08-08 Respondent's factum, (Book Form), SEALED, Completed on: 2023-08-08, (Printed version filed on 2023-08-08) His Majesty The King
2023-08-04 Correspondence received from, pursuant to Rule 19.1 B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2023-08-04 Certificate (on limitations to public access), Form 23B B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2023-08-04 Certificate (on limitations to public access), Form 23A B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2023-08-04 Respondent's factum, (Book Form), SEALED, Completed on: 2023-08-04, (Printed version filed on 2023-08-04) B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2023-06-30 Correspondence (sent by the Court) to, all parties, by the Registrar, Re: sealed documents (sent by email)
2023-06-27 Notice of hearing sent to parties, via email.
2023-06-27 Appeal hearing scheduled, 2023-10-19
Judgment reserved
2023-06-13 Appellant's book of authorities, (Book Form), SEALED, Completed on: 2023-06-16 Canadian Broadcasting Corporation
2023-06-13 Correspondence received from, Letter to the Registrar re: filing sealed materials Canadian Broadcasting Corporation
2023-06-13 Certificate (on limitations to public access), 23A & 23B Canadian Broadcasting Corporation
2023-06-13 Appellant's factum, (Book Form), SEALED, Completed on: 2023-06-13, (Printed version filed on 2023-06-13) Canadian Broadcasting Corporation
2023-06-09 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2023-05-16 Correspondence received from, (Letter Form), Michael Sobkin, RE: Confirmation that the respondent DOES NOT intend to participate in the Publication Ban Appeal hearing., (Printed version filed on 2023-05-16) Stanley Frank Ostrowski
2023-05-16 Correspondence received from, (Letter Form), Michael Bernstein, RE: Confirmation that the respondents intend to participate in the Publication Ban Appeal hearing.
Missing: Proof of Service (rec' 05/17/23), (Printed version filed on 2023-05-19)
Attorney General for Ontario
2023-05-15 Correspondence received from, (Letter Form), Tess C. Layton, RE: Confirmation that the respondents intend to participate in the Publication Ban Appeal hearing., (Printed version filed on 2023-06-15) Ad IDEM / Canadian Media Lawyers Association
2023-05-12 Correspondence received from, (Letter Form), Lesley Ruzicka, K.C. and Chantelle Rajotte, RE: Confirmation that the respondents intend to participate in the Publication Ban Appeal hearing.
Missing: Proof of Service (rec' 05/15/23), (Printed version due on 2023-05-19)
Attorney General of British Columbia
2023-05-05 Correspondence received from, (Letter Form), Thomas Slade, RE: Confirmation that the respondents intend to participate in the Publication Ban Appeal hearing., (Printed version due on 2023-05-12) B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2023-05-04 Correspondence received from, (Letter Form), Michael Bodner, RE: Confirmation that the respondent intends to participate in the Publication Ban Appeal hearing., (Printed version due on 2023-05-11) His Majesty The King
2023-04-25 Correspondence received from, AGO takes no position on the appellant's motion for direction. Attorney General for Ontario
2023-04-20 Correspondence received from, (Letter Form), Fredrick Schumann, RE: Confirmation that the interveners intend to participate in the Publication Ban Appeal hearing., (Printed version due on 2023-04-27) Centre for Free Expression
2023-04-18 Order on motion to directions, by THE COURT
2023-04-18 Decision on motion for directions, UPON APPLICATION by the appellant for directions with respect to the appeal in this matter;

AND HAVING REGARD to the order of this Court, dated September 24, 2021, that the appeal of the judgment of the Court of Appeal of Manitoba, Number AR-14-30-08288, 2018 MBCA 125 (referred to as the “Publication Ban Appeal”), be adjourned sine die and that the filing of a motion for directions be permitted within 30 days of the decision of the Court of Appeal of Manitoba on the matter remanded to it in the companion appeal;

AND HAVING TAKEN NOTE that on January 23, 2023, the Manitoba Court of Appeal released its decision on the matter remanded to it in R. v. Ostrowksi, 2023 MBCA 6;

AND THE MATERIAL FILED having been read;

IT IS HEREBY DIRECTED AND ORDERED THAT:

1. The Registrar will set down the Publication Ban Appeal for hearing in the session beginning in October 2023.

2. The issues will be limited to the implications of the Court’s decision in Sherman Estate v. Donovan, 2021 SCC 25, on the Publication Ban Appeal.

3. Any party who wishes to participate in the Publication Ban Appeal hearing shall provide written confirmation to the Registrar within four weeks of the date of this order.

4. The Publication Ban Appeal hearing will proceed on the basis of the record already filed with the Court.

5. A sealing order is imposed, and will remain in effect unless otherwise ordered by the Court, a judge of this Court or the Registrar, on the materials that are the subject of the publication ban in the present appeal, including the Affidavit of Richard Posner and related Book of Materials. Any factum that refers to this information must be filed in accordance with Rule 19.1 of the Rules of the Supreme Court of Canada, SOR/2002-156.

6. The appellant shall be entitled to serve and file a factum not exceeding twenty (20) pages in length and a book of authorities, if any, on or before June 13, 2023.

7. Any respondent who has notified the Registrar that it wishes to participate in the oral hearing shall be entitled to serve and file a factum not exceeding twenty (20) pages in length and a book of authorities, if any, on or before August 8, 2023.

8. Any intervener who has notified the Registrar that it wishes to participate in the oral hearing shall be entitled to serve and file a factum not exceeding five (5) pages in length and a book of authorities, if any, on or before September 5, 2023.

9. The appellant shall be entitled to serve and file a single factum in reply to all interventions not to exceed five (5) pages in length on or before September 12, 2023.

10. In view of the limited scope of the issues in the Publication Ban Appeal hearing, the appellant and the respondent, or respondents as the case may be, will limit their oral argument to fifteen (15) minutes at the hearing of the appeal.

11. The interveners who have filed a factum pursuant to paragraph 8 of this order and who wish to present oral argument may do so, limited to five (5) minutes per intervener at the hearing of the appeal.

Oral hearing ordered
2023-04-12 Submission of motion for directions, 2023-10-19, The Court
2023-04-04 Decision on motion for directions, Kas, Referred to the Court.
Referred
2023-03-29 Submission of motion for directions, Kas
2023-03-07 Certificate (on limitations to public access), (Letter Form), 23B - Reply to Responses to Motion for Direction, (Printed version due on 2023-03-14) Canadian Broadcasting Corporation
2023-03-07 Reply to motion for directions, (Book Form), Completed on: 2023-03-10, (Printed version filed on 2023-03-08) Canadian Broadcasting Corporation
2023-03-03 Response to motion for directions, (Letter Form), Completed on: 2023-03-07, (Printed version due on 2023-03-10) Attorney General for Ontario
2023-03-02 Response to motion for directions, (Letter Form), Completed on: 2023-03-07, (Printed version due on 2023-03-09) Stanley Frank Ostrowski
2023-03-01 Certificate (on limitations to public access), (Letter Form), 23B - Response to Motion for Direction, (Printed version filed on 2023-03-03) B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2023-03-01 Response to motion for directions, (Book Form), Completed on: 2023-03-07, (Printed version filed on 2023-03-03) B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2023-03-01 Certificate (on limitations to public access), (Letter Form), 23B - Response to Motion for Direction, (Printed version due on 2023-03-08) His Majesty The King
2023-03-01 Response to motion for directions, (Letter Form), Completed on: 2023-03-02, (Printed version filed on 2023-03-22) His Majesty The King
2023-02-27 Response to motion for directions, (Letter Form), Completed on: 2023-03-02, (Printed version filed on 2023-02-28) Attorney General of British Columbia
2023-02-21 Certificate (on limitations to public access), 23B - Motion for Direction Canadian Broadcasting Corporation
2023-02-21 Certificate (on limitations to public access), 23A - Motion for Direction Canadian Broadcasting Corporation
2023-02-20 Motion for directions, (Book Form), Missing: Filing Fee (rec' 03/20/23), Completed on: 2023-03-29, (Electronic version filed on 2023-02-21) Canadian Broadcasting Corporation
2021-09-24 Formal judgment sent to the registrar of the court of appeal and all parties
2021-09-24 Judgment on appeal and notice of deposit of judgment sent to all parties
2021-09-24 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Court of Appeal of Manitoba, Number AR-14-30-08288, 2019 MBCA 122, dated October 28, 2019, heard on March 17, 2021, is allowed. The judgment of the Court of Appeal is set aside and the matter is remanded to the Court of Appeal to decide the appellant’s motion in accordance with the Court’s reasons. Abella J. dissents.

The appeal from the judgment of the Court of Appeal of Manitoba, Number AR-14-30-08288, 2018 MBCA 125, dated November 27, 2018, heard on March 17, 2021, is adjourned sine die. If no motion for directions is filed with the Court within 30 days after the date of the judgment of the Court of Appeal deciding the matter remanded to it in the companion appeal, the appeal will be dismissed as abandoned. Abella J. dissents.
Allowed
2021-04-13 Transcript received, 115 pages
2021-03-18 General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2021-03-25) Stanley Frank Ostrowski
2021-03-17 General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2021-03-24) His Majesty The King
2021-03-17 General proceeding, (Letter Form), Correspondence re: Case Sensitivity Questionnaire

require: Case Sensitivity Questionnaire

, (Printed version due on 2021-03-24)
Canadian Broadcasting Corporation
2021-03-17 General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2021-03-24) B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2021-03-17 Judgment reserved OR rendered with reasons to follow
2021-03-17 Hearing of the appeal, 2021-03-17, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment reserved
2021-03-16 Certificate (on limitations to public access), (Letter Form), 23B-Condensed Book, (Printed version due on 2021-03-23) Stanley Frank Ostrowski
2021-03-16 Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties
2021-03-15 Respondent's condensed book, (Book Form), MISSING - Form 23B, (Printed version filed on 2021-03-15) Stanley Frank Ostrowski
2021-03-15 Intervener's condensed book, (Book Form), (Printed version filed on 2021-03-15) Ad IDEM / Canadian Media Lawyers Association
2021-03-15 Certificate (on limitations to public access), Form 23B - Condensed Book Canadian Broadcasting Corporation
2021-03-15 Appellant's condensed book, (Book Form), (Printed version filed on 2021-03-15) Canadian Broadcasting Corporation
2021-03-15 Certificate (on limitations to public access), (Letter Form), Form 23B - Condensed Book B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2021-03-15 Respondent's condensed book, (Book Form), (Printed version filed on 2021-03-15) B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2021-03-15 Certificate (on limitations to public access), (Letter Form), Form 23B - Condensed Book, (Printed version due on 2021-03-22) His Majesty The King
2021-03-15 Respondent's condensed book, (Book Form), (Printed version filed on 2021-03-15) His Majesty The King
2021-03-15 Correspondence received from, (Letter Form), CBC objects to any redistribution of time that serves to increase the time allotted to AG Manitoba at its expense, (Printed version due on 2021-03-22) Canadian Broadcasting Corporation
2021-03-15 Correspondence received from, (Letter Form), Respondent is concerned to see Mr. Ostrowski listed as a respondent when his position on the publication ban aligns substantively with the CBC's position on that appeal, (Printed version due on 2021-03-22) His Majesty The King
2021-03-12 Correspondence received from, (Letter Form), the respondent makes the following requests:
-that the webcast not be posted on the SCC website after the hearing is complete, nor allowed to be broadcast, subject to further order of the Court following the hearing and
-during the hearing, the Court periodically remind live webcast viewers that the publication ban remains in effect, and it is prohibited for anyone to broadcast or rebroadcast the live webcast pending further order of the Court

Counsel for each the CBC and Mr. Ostrowski have indicated that they take no position in relation to this request., (Printed version due on 2021-03-19)
His Majesty The King
2021-03-01 Notice of appearance, (Letter Form), Tess Layton to appear before the Court and present oral argument, (Printed version due on 2021-03-08) Ad IDEM / Canadian Media Lawyers Association
2021-03-01 Notice of appearance, (Letter Form), Fredrick Schumann to appear before the Court and present oral argument, (Printed version due on 2021-03-08) Centre for Free Expression
2021-02-24 Notice of appearance, (Letter Form), Harvey T. Strosberg, Q.C., James Lockyer to appear before the Court and present oral argument, (Printed version due on 2021-03-03) Stanley Frank Ostrowski
2021-02-24 Certificate (on limitations to public access), (Letter Form), 23B - Reply Factum, (Printed version filed on 2021-02-25) Canadian Broadcasting Corporation
2021-02-24 Reply factum on appeal, (Book Form), Completed on: 2021-03-02, (Printed version filed on 2021-02-25) Canadian Broadcasting Corporation
2021-02-18 Notice of appearance, (Letter Form), Michael Bodner, Denis Guénette to appear before the Court ; Michael Bodner to present oral argument, (Printed version due on 2021-02-25) His Majesty The King
2021-02-17 Notice of appearance, (Letter Form), Michael Bernstein to appear before the Court and present oral argument, (Printed version due on 2021-02-24) Attorney General for Ontario
2021-02-17 Notice of appearance, (Letter Form), Robert Gosman to appear before the Court and present oral argument, (Printed version due on 2021-02-24) B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2021-02-17 Notice of appearance, (Letter Form), Jonathan B. Kroft, Sean A. Moreman to appear before the Court and present oral argument, (Printed version due on 2021-02-24) Canadian Broadcasting Corporation
2021-02-17 Intervener's book of authorities, (Book Form), require: proof of service for amended materials

received: amended book of authorities (rec'd 2021-02-18), Incomplete, (Printed version filed on 2021-02-18)
Ad IDEM / Canadian Media Lawyers Association
2021-02-17 Intervener's factum, (Book Form), Completed on: 2021-03-02, (Printed version filed on 2021-02-17) Ad IDEM / Canadian Media Lawyers Association
2021-02-17 Intervener's factum, (Book Form), Completed on: 2021-03-02, (Printed version due on 2021-02-24) Centre for Free Expression
2021-02-10 Notice of appearance, (Letter Form), Lesley A. Ruzicka to appear before the Court and present oral argument, (Printed version due on 2021-02-17) Attorney General of British Columbia
2021-02-04 Order by, Justice Kasirer, Kas, FURTHER TO AN ORDER DATED DECEMBER 11, 2020, IT IS HEREBY ORDERED THAT:

The interveners, the Attorney General of Ontario and the Attorney General of British Colubia, are each permitted to present oral argument at the hearing of the appeal not exceeding five (5) minutes.

Allowed
2021-01-25 Correspondence received from, (Letter Form), Consents to the late filing of the facta of the Interveners, AGBC and AGO B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2021-01-25 Correspondence received from, (Letter Form), Consents to the late filing of the facta of the Interveners, AGBC and AGO Canadian Broadcasting Corporation
2021-01-22 Correspondence received from, (Letter Form), Consents to the late filing of the facta of the Interveners, AGBC and AGO His Majesty The King
2021-01-22 Correspondence received from, (Letter Form), Consents to the late filing of the facta of the Interveners, AGBC and AGO Stanley Frank Ostrowski
2021-01-21 Correspondence received from, (Letter Form), Letter regarding late filing of the facta of the Interveners AGBC and AGO Attorney General for Ontario
2021-01-20 Correspondence received from, (Letter Form), Error on page 53 of Appellant's factum., (Printed version due on 2021-01-27) Canadian Broadcasting Corporation
2021-01-18 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-02-01, (Printed version filed on 2021-01-18) Attorney General for Ontario
2021-01-18 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-02-01, (Printed version filed on 2021-01-18) Attorney General of British Columbia
2021-01-14 Supplemental document, (Letter Form), Affidavit of Richard Posner, Completed on: 2021-02-26 Stanley Frank Ostrowski
2021-01-14 Supplemental document, (Book Form), Book of Materials Re: M.D. for the Affidavit of Richard Posner, Completed on: 2021-02-26 Stanley Frank Ostrowski
2021-01-13 Correspondence received from, (Letter Form), Cover letter to accompany Mr. Posner's affidavit and related book of materials., (Printed version filed on 2021-01-14) Stanley Frank Ostrowski
2021-01-11 Certificate (on limitations to public access), (Letter Form), 23B - Factum/Record, (Printed version due on 2021-01-18) His Majesty The King
2021-01-11 Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2021-01-18) His Majesty The King
2021-01-11 Respondent's record, (Book Form), Missing: Proof of Service for the interveners (Canadian Association of Journalist, et al., Centre for Free Expression and Ad Idem / Canadian Medial Lawyers Association)-rec'd 2021-01-20
, Completed on: 2021-01-20, (Printed version filed on 2021-01-11)
His Majesty The King
2021-01-11 Respondent's factum, (Book Form), Redacted factum rec'd 2021-01-20
Missing: Proof of Service for the interveners (Canadian Association of Journalist, et al., Centre for Free Expression and Ad Idem / Canadian Medial Lawyers Association)-rec'd 2021-01-20
, Completed on: 2021-01-20, (Printed version filed on 2021-01-11)
His Majesty The King
2021-01-11 Certificate (on limitations to public access), (Letter Form), 23B - Factum/Record, (Printed version due on 2021-01-18) Stanley Frank Ostrowski
2021-01-11 Certificate (on limitations to public access), (Letter Form), 23A - Factum/Record, (Printed version due on 2021-01-18) Stanley Frank Ostrowski
2021-01-11 Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2021-01-18) Stanley Frank Ostrowski
2021-01-11 Respondent's record, (Book Form), (2 volumes), Completed on: 2021-01-19 Stanley Frank Ostrowski
2021-01-11 Respondent's factum, (Book Form), Redacted copy filed 01/19/21
, Completed on: 2021-01-20, (Printed version filed on 2021-01-11)
Stanley Frank Ostrowski
2021-01-11 Certificate (on limitations to public access), (Letter Form), 23B - Factum/Record, (Printed version due on 2021-01-18) B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2021-01-11 Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2021-01-18) B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2021-01-11 Respondent's record, (Book Form), Missing: Proof of Service for the interveners (Canadian Association of Journalist, et al., Centre for Free Expression and Ad Idem / Canadian Medial Lawyers Association)-rec'd 2021/01/19, Completed on: 2021-01-19, (Printed version filed on 2021-01-11) B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2021-01-11 Respondent's factum, (Book Form), Redacted copy filed 1/11/21
Missing: Proof of Service for the interveners (Canadian Association of Journalist, et al., Centre for Free Expression and Ad Idem / Canadian Medial Lawyers Association)-rec'd 2021/01/19, Completed on: 2021-01-19, (Printed version filed on 2021-01-11)
B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2020-12-16 Order on motion for leave to intervene, By Justice Kasirer (sent by email)
2020-12-16 Decision on the motion for leave to intervene, Kas, UPON APPLICATION by the Centre for Free Expression, the Canadian Association of Journalists, News Media Canada and Communications Workers of America/Canada (jointly) and Ad IDEM/Canadian Media Lawyers Association 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 two (2) interveners or groups of interveners shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before February 17, 2021.

All interveners or groups of interveners are granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

The interveners or groups of interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.

The appellant and the respondents, B.B. and J.D., are each permitted to file a factum in response to all interventions not to exceed five (5) pages in length on or before February 24, 2021.

Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and the respondent any additional disbursements resulting from their intervention.
Granted, no order as to costs
2020-12-16 Submission of motion for leave to intervene, (2 motions), Kas
2020-12-10 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-12-10 Canadian Broadcasting Corporation
2020-12-10 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-12-10 His Majesty The King
2020-12-09 Response to the motion for leave to intervene, (Letter Form), (CFE), Completed on: 2020-12-09 B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2020-12-09 Response to the motion for leave to intervene, (Letter Form), (Ad Idem), Completed on: 2020-12-09 B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2020-12-01 Notice of name Ad IDEM / Canadian Media Lawyers Association
2020-12-01 Motion for leave to intervene, (Book Form), Missing: Filing Fee (will not be collected for the moment due to Covid restrictions), Incomplete Ad IDEM / Canadian Media Lawyers Association
2020-12-01 Notice of name Centre for Free Expression
2020-12-01 Motion for leave to intervene, (Book Form), Missing: Filing Fee (will not be collected at the moment due to Covid restrictions), Incomplete Centre for Free Expression
2020-11-25 Notice of hearing sent to parties
2020-11-10 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), the parties. Tentatively scheduled for March 17, 2021.
2020-11-10 Appeal hearing scheduled, 2021-03-17
Judgment reserved
2020-11-03 Appellant's record, (Book Form), Completed on: 2020-11-03 Canadian Broadcasting Corporation
2020-11-03 Appellant's factum, (Book Form), Amended factum rec'd 2021/01/28, Completed on: 2020-11-03 Canadian Broadcasting Corporation
2020-11-03 Certificate of counsel (attesting to record), (Letter Form) Canadian Broadcasting Corporation
2020-11-03 Certificate (on limitations to public access), (Letter Form), 23B Canadian Broadcasting Corporation
2020-07-23 Notice of intervention respecting a constitutional question, Completed on: 2020-07-23 Attorney General for Ontario
2020-07-21 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2020-07-21, (Printed version due on 2020-07-28) Attorney General of British Columbia
2020-06-29 Certificate (on limitations to public access), (Letter Form), 23B-Notice of Appeal Canadian Broadcasting Corporation
2020-06-26 Notice of constitutional question(s), (Book Form), Completed on: 2020-06-26 Canadian Broadcasting Corporation
2020-06-26 Notice of appeal, (Book Form), required: 23B (rec'd 2020/06/29), Completed on: 2020-06-29 Canadian Broadcasting Corporation
2020-05-29 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2020-05-29 Judgment on leave sent to the parties
2020-05-28 Judgment of the Court on the application for leave to appeal, The motions for an extension of time to serve and file the applications for leave to appeal and the applicant’s reply are granted. The applications for leave to appeal from the judgments of the Court of Appeal of Manitoba, Number AR14-30-08288, 2018 MBCA 125, dated November 27, 2018, and Number AR14-30-08288, 2019 MBCA 122, dated October 28, 2019, are granted.
Granted
2020-05-28 Decision on motion to extend time, See decision on application
Granted
2020-05-28 Decision on motion to extend time to file and /or serve the leave application, See decision on application
Granted
2020-05-07 Certificate (on limitations to public access), (Letter Form), 23B-New replies Canadian Broadcasting Corporation
2020-05-07 Reply to the motion to extend time to file and/ or serve the leave application, (Book Form), Reply to amended response, Completed on: 2020-05-07 Canadian Broadcasting Corporation
2020-05-07 Applicant's reply to respondent's argument, (Book Form), Reply to amended response, Completed on: 2020-05-07 Canadian Broadcasting Corporation
2020-05-04 All materials on application for leave submitted to the Judges, for consideration by the Court
2020-05-04 Submission of motion to extend time, for consideration by the Court
2020-05-04 Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court
2020-03-26 Order on motion to add or substitute parties, by Justice Karakatsanis (sent to all parties by email)
2020-03-26 Decision on motion to add or substitute parties, UPON APPLICATION by B.B., spouse of the late M.D. and J.D., in his capacity as executor of the estate of the late M.D., to be added as respondents to the applications for leave to appeal pursuant to sub-rule 18(1) of the Rules of the Supreme Court of Canada;

AND THE MATERIAL FILED having been read;

AND NOTING THAT the respondent, Her Majesty the Queen, consents to the motion;

IT IS HEREBY ORDERED THAT:

The motion is granted.
Granted
2020-03-26 Submission of motion to add or substitute parties, to Justice Karakatsanis
2020-03-13 Certificate (on limitations to public access), (Letter Form), 23A-Reply Canadian Broadcasting Corporation
2020-03-13 Certificate (on limitations to public access), (Letter Form), 23B - Reply Canadian Broadcasting Corporation
2020-03-13 Motion to extend time, (Book Form), Completed on: 2020-03-13 Canadian Broadcasting Corporation
2020-03-13 Applicant's reply to respondent's argument, (Book Form), Completed on: 2020-03-13 Canadian Broadcasting Corporation
2020-03-12 Reply to motion to add or substitute parties, (Letter Form), Completed on: 2020-03-12 B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2020-03-09 Correspondence received from, (Letter Form), RE: Late filing of reply. Canadian Broadcasting Corporation
2020-03-06 Response to motion to add or substitute parties, (Book Form), Completed on: 2020-04-01 Canadian Broadcasting Corporation
2020-02-28 Response to motion to add or substitute parties, (Letter Form), Completed on: 2020-02-28 His Majesty The King
2020-02-26 Respondent's response on the application for leave to appeal, (Letter Form), Will not be responding to the applications for leave to appeal, Completed on: 2020-02-26 Stanley Frank Ostrowski
2020-02-26 Certificate (on limitations to public access), (Letter Form), 23B His Majesty The King
2020-02-26 Certificate (on limitations to public access), (Letter Form), 23A His Majesty The King
2020-02-26 Response to the motion to extend the time to file and / or serve the leave application, (Included in the respondent's response on the application for leave to appeal), SEALED, Completed on: 2020-02-26 His Majesty The King
2020-02-26 Respondent's response on the application for leave to appeal, (Book Form), SEALED; 2 redacted copies filed 2020/02/26, Completed on: 2020-02-26 His Majesty The King
2020-02-25 Response to the motion to extend the time to file and / or serve the leave application, AMENDED RESPONSE FILED APRIL 27, 2020, Completed on: 2020-02-25 B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2020-02-25 Respondent's response on the application for leave to appeal, (Book Form), AMENDED RESPONSE FILED APRIL 27, 2020, Completed on: 2020-02-25 B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2020-02-25 Certificate (on limitations to public access), (Letter Form), 23B B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2020-02-25 Certificate (on limitations to public access), (Letter Form), 23A B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2020-02-25 Motion to add or substitute parties, (Book Form), Completed on: 2020-04-01 B.B., spouse of the late M.D., and J.D., in his capacity as executor of the estate of the late M.D.
2020-02-07 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, SECOND APPLICATION
2020-02-07 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FIRST APPLICATION
2020-01-27 Certificate (on limitations to public access), (Letter Form), SECOND APPLICATION
23B
Canadian Broadcasting Corporation
2020-01-27 Certificate (on limitations to public access), (Letter Form), SECOND APPLICATION
23A
Canadian Broadcasting Corporation
2020-01-27 Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2020-01-27 Canadian Broadcasting Corporation
2020-01-27 Application for leave to appeal, (Book Form), SECOND APPLICATION
required: lower court order (Manitoba Court of Appeal)-rec'd 2020/02/24, Completed on: 2020-02-24
Canadian Broadcasting Corporation
2020-01-27 Certificate (on limitations to public access), (Letter Form), FIRST APPLICATION Canadian Broadcasting Corporation
2020-01-27 Application for leave to appeal, (Book Form), FIRST APPLICATION
Missing: MBCA Order-rec'd 2020/02/24, Completed on: 2020-02-24
Canadian Broadcasting Corporation
2019-12-27 Letter acknowledging receipt of motion to extend the time to file and or serve the application for leave to appeal, FILE OPENED 12/27/19
2019-12-24 Certificate (on limitations to public access), (Letter Form), 23B Canadian Broadcasting Corporation
2019-12-24 Certificate (on limitations to public access), (Letter Form), 23A Canadian Broadcasting Corporation
2019-12-24 Notice of name, (Letter Form) Canadian Broadcasting Corporation
2019-12-24 Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2019-12-24 Canadian Broadcasting Corporation
2019-12-24 Notice of application for leave to appeal, (Letter Form), FIRST APPLICATION
Missing: Filing Fee, Completed on: 2020-01-03
Canadian Broadcasting Corporation