Docket
39558
B.J.T. v. J.D.
(Prince Edward Island) (Civil) (By Leave)
(Publication ban in case) (Publication ban on party) (Certain information not available to the public)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-07-06 | Appeal closed | |
| 2022-06-03 | Written reasons rendered after oral judgment, CJ Mo Ka Côt Br Row Mar Kas Ja Allowed, with costs |
|
| 2022-05-09 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-05-16) | J.D. |
| 2022-05-09 | Supplemental document, (Letter Form), Schedules 1 to 4 to the 2022-05-09 letter, Completed on: 2022-05-10, (Printed version due on 2022-05-16) | J.D. |
| 2022-05-09 | Correspondence received from, (Letter Form), (Printed version due on 2022-05-16) | J.D. |
| 2022-04-29 | Correspondence received from, (Letter Form), (Printed version due on 2022-05-06) | J.D. |
| 2022-04-28 | Correspondence received from, (Letter Form), (Printed version due on 2022-05-05) | J.D. |
| 2022-04-28 | Correspondence received from, (Letter Form), (Printed version due on 2022-05-05) | J.D. |
| 2022-04-21 | Certificate (on limitations to public access), (Letter Form), 23B - Correspondence, (Printed version due on 2022-04-28) | B.J.T. |
| 2022-04-21 | Correspondence received from, (Letter Form), CONFIDENTIAL redacted version filed 2022-04-21 confidential version filed 2022-04-21, (Printed version due on 2022-04-28) |
B.J.T. |
| 2022-04-08 | Correspondence received from, (Letter Form), The Intervener’s Factum refers to the case of J.A.S. v. Manitoba (AG), in footnote 11 and notes about this judgment: “reasons pending publication”. Release of the written reasons in the case of J.A.S. v. Manitoba (AG) has recently been approved by Chief Justice Joyal of the Court of Queen’s Bench for Manitoba. To the best of our knowledge, these written reasons are not yet available online. Given that the reasons of Chief Justice Joyal were cited in our Factum but not yet released at the time of its filing, we take the liberty of enclosing said judgment., (Printed version due on 2022-04-19) | LGBT Family Coalition |
| 2021-12-29 | Transcript received, 170 pages - Day 1 80 pages - Day 2 |
|
| 2021-12-03 | General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2021-12-10) | B.J.T. |
| 2021-12-02 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2021-12-02 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2021-12-02 | General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2021-12-09) | J.D. |
| 2021-12-02 | Judgment reserved OR rendered with reasons to follow | |
| 2021-12-02 | Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the judgment of the Prince Edward Island Court of Appeal, Number S1-CA-1444, 2020 PECA 14, dated November 27, 2020, was heard on December 1 and 2, 2021, and the Court on December 2, 2021, delivered the following judgment orally: THE CHIEF JUSTICE — We are all of the view to allow the appeal and set aside the decision of the Prince Edward Island Court of Appeal. We would affirm the decision of Justice Key to award custody to the appellant, subject to the following: the child is to remain with the respondent until March 21, 2022, unless otherwise agreed by the parties, at which time the child is to be returned to the appellant at the expense of the Director of Child Protection for the Province of Prince Edward Island. Paragraphs 3 to 7 of the order of November 27, 2020, of the Prince Edward Island Court of Appeal will be given effect. This order is made without prejudice to any rights that either party may have to make an application to the Supreme Court of Prince Edward Island relating to custody and access. Costs throughout to the appellant. Reasons to follow. Allowed, with costs |
|
| 2021-12-02 | Hearing of the appeal, 2021-12-01, CJ Mo Ka Côt Br Row Mar Kas Ja Judgment rendered |
|
| 2021-12-01 | Supplemental document, Supplementary authority related to Appellant condensed book (2021 ONCA 614), Completed on: 2021-12-01 | B.J.T. |
| 2021-11-29 | Intervener's condensed book, (Book Form), (Printed version filed on 2021-11-29) | Director of Child Protection for the Province of Prince Edward Island |
| 2021-11-29 | Certificate (on limitations to public access), 23B-Condensed book | J.D. |
| 2021-11-29 | Respondent's condensed book, (Book Form), (Printed version filed on 2021-11-30) | J.D. |
| 2021-11-29 | Certificate (on limitations to public access), 23B - Condensed book | B.J.T. |
| 2021-11-29 | Appellant's condensed book, (Book Form), (Printed version filed on 2021-11-29) | B.J.T. |
| 2021-11-25 | Correspondence (sent by the Court) to, Correspondence regarding upcoming Zoom hearing | |
| 2021-11-16 | Intervener's factum, (Book Form), Completed on: 2021-11-16, (Printed version filed on 2021-11-16) | Director of Child Protection for the Province of Prince Edward Island |
| 2021-11-10 | Intervener's book of authorities, (Book Form), Completed on: 2021-11-15, (Printed version filed on 2021-11-10) | LGBT Family Coalition |
| 2021-11-10 | Intervener's factum, (Book Form), Completed on: 2021-11-15, (Printed version filed on 2021-11-10) | LGBT Family Coalition |
| 2021-11-09 | Certificate (on limitations to public access), 23B - Factum | J.D. |
| 2021-11-08 | Respondent's factum, (Book Form), Completed on: 2021-11-09, (Printed version filed on 2021-11-08) | J.D. |
| 2021-11-05 | Notice of appearance, (Letter Form), Ryan Moss and Christiana Tweedy will appear before the Court. Ryan Moss will present oral argument. rec'd amended notice 2021-11-30 |
B.J.T. |
| 2021-11-04 | Correspondence sent to all Counsel by Deputy Registrar, Letter of Direction from the Acting Registrar, relating to the December hearings | |
| 2021-11-03 | Notice of appearance, Me Laura Cárdenas will appear before the Court and will present oral argument. | LGBT Family Coalition |
| 2021-11-03 | Notice of appearance, Jonathan Coady, Q.C. and Sophie P. MacDonald, Q.C. will appear before the Court. Jonathan Coady, Q.C. will present oral argument. - Amended notice rec'd 2021-12-24 |
J.D. |
| 2021-11-02 | Notice of appearance, Mitchell M. O’Shea will appear before the Court and will present oral argument. |
Director of Child Protection for the Province of Prince Edward Island |
| 2021-10-19 | Order on motion for leave to intervene, by Justice Rowe (sent to parties electronically) | |
| 2021-10-19 | Decision on the motion for leave to intervene, Row, UPON APPLICATION by the LGBT Family Coalition for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene is granted and the said intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before November 16, 2021. The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The intervener is 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 intervener shall pay to the appellant and the respondent any additional disbursements resulting from their intervention. Granted |
|
| 2021-10-19 | Submission of motion for leave to intervene, Row | |
| 2021-10-08 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-10-12, (Printed version filed on 2021-10-18) | B.J.T. |
| 2021-10-04 | Notice of name, (Letter Form), (Printed version filed on 2021-10-06) | LGBT Family Coalition |
| 2021-10-04 | Motion for leave to intervene, (Book Form), MISSING: Filing Fee, Incomplete, (Printed version filed on 2021-10-06) |
LGBT Family Coalition |
| 2021-09-13 | Certificate of counsel (attesting to record), (Letter Form), 24A require: proof of service (rec' 2021-09-14), (Printed version due on 2021-09-20) |
B.J.T. |
| 2021-09-13 | Certificate (on limitations to public access), (Letter Form), 23B-Factum-Record require: proof of service (rec' 2021-09-14), (Printed version due on 2021-09-20) |
B.J.T. |
| 2021-09-13 | Appellant's record, (Book Form), CONFIDENTIAL / RESTRICTED require: proof of service (rec' 2021-09-14) CONFIDENTIAL and PUBLIC record: electronic and printed copies rec'd 2021-09-13, Completed on: 2021-09-14, (Printed version due on 2021-09-20) |
B.J.T. |
| 2021-09-13 | Appellant's factum, (Book Form), require: proof of service (rec' 2021-09-14), Completed on: 2021-09-14, (Printed version filed on 2021-09-13) | B.J.T. |
| 2021-07-19 | Notice of appeal, (Letter Form), Completed on: 2021-08-23, (Printed version filed on 2021-07-28) | B.J.T. |
| 2021-07-13 | Correspondence (sent by the Court) to, the parties. Letter from Acting Registrar. (Revised letter sent on July 14, 2021) The schedule for serving and filing the material is set as follows: a) The notice of appeal shall be served and filed on or before July 19, 2021. b) The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before September 13, 2021. c) Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before October 4, 2021. d) The appellant and respondent shall serve and file their response(s), if any, to the motions for leave to intervene on or before October 12, 2021. e) Replies to any responses to the motions for leave to intervene shall be served and filed on or before October 15, 2021. f) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before November 16, 2021. g) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before November 8, 2021. h) The appeal is scheduled to be heard on December 1, 2021, and December 2, 2021. |
|
| 2021-06-28 | Appeal hearing scheduled, 2021-12-02, Scheduled for December 1 and 2, 2021 (Day 2: For Webcasting Purposes Only) |
|
| 2021-06-28 | Notice of hearing sent to parties | |
| 2021-06-28 | Appeal hearing scheduled, 2021-12-01, Scheduled for December 1, 2021 and December 2, 2021. Judgment rendered |
|
| 2021-06-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-06-17 | Judgment on leave sent to the parties | |
| 2021-06-17 | Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Prince Edward Island Court of Appeal, Number S1-CA-1444, 2020 PECA 14 , dated November 27, 2020, is granted with costs in the cause. The hearing of the appeal is to be expedited and the Acting Registrar will set the dates for filing the appeal documents. Granted, with costs |
|
| 2021-05-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-03-31 | Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B, (Printed version due on 2021-04-09) | J.D. |
| 2021-03-31 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-04-09) | J.D. |
| 2021-03-31 | Respondent's response on the application for leave to appeal, (Book Form), CONFIDENTIAL / RESTRICTED Response Record: contains confidential/restricted material (rec'd 2021-03-31) Response Memorandum: does not contain sensitive material (rec'd 2021-03-31), Completed on: 2021-05-07, (Printed version due on 2021-04-09) |
J.D. |
| 2021-03-15 | Correspondence received from, (Letter Form), The Intervener takes no position in respect of the application for leave to intervene but reserves the right to participate in the event that leave to appeal is granted. , (Printed version due on 2021-03-22) | Director of Child Protection for the Province of Prince Edward Island |
| 2021-03-04 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-03-04 | |
| 2021-01-22 | Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B, (Printed version due on 2021-01-29) | B.J.T. |
| 2021-01-22 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-01-29) | B.J.T. |
| 2021-01-22 | Application for leave to appeal, (Book Form), RESTRICTED / CONFIDENTIAL Amended electronic documents (amended cover page ONLY) rec'd 2021-03-08: - Application (Public) - Notice of application - Arguments - Suitable for posting Redacted electronic copy of Application & Arguments (rec'd 2021-01-22) Require: - Signed TC Judgment - rec' 2021-01-25 - Signed CA Judgment - rec' 2021-01-25 -Final TC Order - rec' 2021-01-25 -Final CA Order- rec' 2021-01-25 -Amended cover pages - rec' 2021-03-10 Still missing: - Filing fee, Completed on: 2021-05-18, (Printed version filed on 2021-01-25) |
B.J.T. |
- Date modified: