Docket

39754

Corporation of the City of Greater Sudbury v. Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)

(Ontario) (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)
2024-02-15 Decision on the motion for a re-hearing of the appeal, CJ Ka Côt Row Mar Kas Ja Ob Mor, UPON APPLICATION by the appellant for a re-hearing of the appeal;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is dismissed.


Dismissed
2024-02-15 All material on motion for a re-hearing of the appeal submitted to Justices, CJ Ka Côt Row Mar Kas Ja Ob Mor
2024-01-19 Reply to the response to the motion for a re-hearing of the appeal, (Printed version filed on 2024-01-22) Corporation of the City of Greater Sudbury
2024-01-04 Certificate (on limitations to public access), (Letter Form), 23A-Motion-response, (Printed version filed on 2024-01-08) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2024-01-04 Notice of name, (Letter Form), (Printed version filed on 2024-01-08) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2024-01-04 Response to the motion for a re-hearing of the appeal, (Book Form), Completed on: 2024-01-15, (Printed version filed on 2024-01-08) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2024-01-03 Response to the motion for a re-hearing of the appeal, (Book Form), Completed on: 2024-01-15, (Printed version filed on 2024-01-12) Workers' Compensation Board of British Columbia
2024-01-02 Response to the motion for a re-hearing of the appeal, (Letter Form), Completed on: 2024-01-15 Regional Municipality of York, Regional Municipality of Peel, Regional Municipality of Durham, Regional Municipality of Halton, Regional Municipality of Waterloo and Regional Municipality of Niagara
2023-12-12 Response to the motion for a re-hearing of the appeal, (Letter Form), Completed on: 2023-12-13 Retail Council of Canada
2023-12-08 Motion for a re-hearing of the appeal, (Book Form), MISSING: Filing Fee (rec'd 2023-12-14), Completed on: 2024-01-15, (Printed version filed on 2023-12-08) Corporation of the City of Greater Sudbury
2023-11-10 Formal judgment sent to the registrar of the court of appeal and all parties
2023-11-10 Judgment on appeal and notice of deposit of judgment sent to all parties
2023-11-10 Judgment on the appeal rendered, CJ Ka Côt Br Row Mar Kas Ja Ob, The appeal from the judgment of the Court of Appeal for Ontario, Number C67701, 2021 ONCA 252, dated April 23, 2021, heard on October 12, 2022, is dismissed on equal division. Karakatsanis, Côté, Rowe and O’Bonsawin JJ. dissent.
Dismissed
2022-11-04 Transcript received, 118 pages
2022-10-12 Judgment reserved OR rendered with reasons to follow
2022-10-12 Hearing of the appeal, 2022-10-12, CJ Ka Côt Br Row Mar Kas Ja Ob
Judgment reserved
2022-10-06 Respondent's condensed book, (Book Form), (Printed version filed on 2022-10-07) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2022-10-06 Appellant's condensed book, (Book Form), (Printed version filed on 2022-10-07) Corporation of the City of Greater Sudbury
2022-09-27 Notice of appearance, (Letter Form), Jonathan C. Lisus, Zain M. Naqi and John Carlo Mastrangelo will appear before the Court and Jonathan C. Lisus will present oral argument.
, (Printed version due on 2022-10-05)
Regional Municipality of York, Regional Municipality of Peel, Regional Municipality of Durham, Regional Municipality of Halton, Regional Municipality of Waterloo and Regional Municipality of Niagara
2022-09-27 Notice of appearance, (Letter Form), Kevin MacNeill and Jean-Simon Schoenholz will appear before the Court and Mr. MacNeill will present oral argument.
, (Printed version due on 2022-10-05)
Retail Council of Canada
2022-09-26 Notice of appearance, (Letter Form), David McCaskill, Giuseppe Ferraro and William Robinson will appear before the Court. David McCaskill and Giuseppe Ferraro will present oral argument. , (Printed version due on 2022-10-04) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2022-09-26 Notice of appearance, (Letter Form), Ryan J. Conlin and Jeremy D. Schwartz will be appearing and Mr. Conlin will present oral argument.
, (Printed version due on 2022-10-04)
Corporation of the City of Greater Sudbury
2022-09-26 Notice of appearance, (Letter Form), Ben Parkin and Johanna Goosen will appear before the Court and Mr. Parkin will be presenting oral argument

, (Printed version due on 2022-10-04)
Workers' Compensation Board of British Columbia
2022-09-23 Correspondence (sent by the Court) to, all parties; Letter of direction relating to upcoming hearing
2022-06-28 Notice of hearing sent to parties
2022-06-28 Appeal hearing scheduled, 2022-10-12
Judgment reserved
2022-06-14 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (sent by email to all parties)
2022-06-13 Reply factum on appeal, (Book Form), Appellant’s Factum in Response to Interveners, Completed on: 2022-06-15, (Printed version filed on 2022-06-13) Corporation of the City of Greater Sudbury
2022-06-06 Intervener's factum, (Book Form), Completed on: 2022-06-15, (Printed version filed on 2022-06-07) Workers' Compensation Board of British Columbia
2022-06-06 Intervener's factum, (Book Form), Completed on: 2022-06-15, (Printed version filed on 2022-06-07) Retail Council of Canada
2022-06-06 Intervener's book of authorities, (Book Form), Completed on: 2022-06-15, (Printed version filed on 2022-06-06) Regional Municipality of York, Regional Municipality of Peel, Regional Municipality of Durham, Regional Municipality of Halton, Regional Municipality of Waterloo and Regional Municipality of Niagara
2022-06-06 Intervener's factum, (Book Form), Completed on: 2022-06-15, (Printed version filed on 2022-06-06) Regional Municipality of York, Regional Municipality of Peel, Regional Municipality of Durham, Regional Municipality of Halton, Regional Municipality of Waterloo and Regional Municipality of Niagara
2022-04-27 Certificate of counsel (attesting to record), (Letter Form), 24B, (Printed version filed on 2022-05-05) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2022-04-27 Respondent's book of authorities, (Book Form), Completed on: 2022-05-18, (Printed version filed on 2022-05-05) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2022-04-27 Respondent's record, (Book Form), Completed on: 2022-05-18, (Printed version filed on 2022-05-05) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2022-04-27 Respondent's factum, (Book Form), Completed on: 2022-05-18, (Printed version filed on 2022-05-05) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2022-04-25 Order on motion to extend time, joint with order on intervention
2022-04-25 Decision on motion to extend time, Mo
Granted
2022-04-25 Submission of motion to extend time, Mo
2022-04-25 Order on motion for leave to intervene, (by Justice Moldaver) sent to parties electronically
2022-04-25 Decision on the motion for leave to intervene, Mo, UPON APPLICATION by the Workers’ Compensation Board of British Columbia; the Retail Council of Canada; the Regional Municipality of York, the Regional Municipality of Peel, the Regional Municipality of Durham, the Regional Municipality of Halton, the Regional Municipality of Waterloo and the Regional Municipality of Niagara (jointly); the Attorney General of British Columbia; the Federation of Canadian Municipalities; the Workers’ Health
and Safety Legal Clinic and the Ontario Good Roads Association for leave to intervene in the above appeal;

AND UPON APPLICATION by the City of Toronto for an extension of time to serve and file its’ motion for leave to intervene and for leave to intervene in the above appeal;

AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:

The motion for an extension of time is granted.

The motions for leave to intervene filed by the Attorney General of British Columbia, the Federation of Canadian Municipalities, the City of Toronto, the Workers’ Health and Safety Legal Clinic, and the Ontario Good Roads Association are dismissed.

The motions for leave to intervene filed by the Workers’ Compensation Board of British Columbia, the Retail Council of Canada and the Regional Municipality of York, the Regional Municipality of Peel, the Regional Municipality of Durham, the Regional Municipality of Halton, the Regional Municipality of Waterloo and the Regional Municipality of Niagara (jointly) are granted and the said three (3) interveners or groups of interveners shall be entitled to serve and file a single factum not to exceed ten (10) pages in length on or before June 6, 2022.

The said three (3) interveners or groups of interveners are each granted permission to present oral arguments not exceeding five (5) minutes each at the hearing of the appeal.

The appellant is granted permission to serve and file a single factum in response to all interventions, not to exceed five (5) pages in length, on or before June 13, 2022.

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.

Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners or groups of interveners shall pay to the appellant and the respondent any additional disbursements resulting from their interventions.

Allowed in part
2022-04-25 Submission of motion for leave to intervene, Mo
2022-04-19 Reply to the motion for leave to intervene, (Book Form), Completed on: 2022-07-07, (Printed version filed on 2022-04-19) City of Toronto
2022-04-12 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-04-20, (Printed version filed on 2022-04-12) Federation of Canadian Municipalities
2022-04-11 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-04-20, (Printed version filed on 2022-04-11) Corporation of the City of Greater Sudbury
2022-04-08 Response to the motion for leave to intervene, (Book Form), Completed on: 2022-04-20, (Printed version filed on 2022-04-11) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2022-04-01 Notice of name, (Letter Form), (Printed version due on 2022-04-08) City of Toronto
2022-04-01 Motion to extend time, (Book Form), For the Motion for Leave to Intervene
Missing: Filing Fee, Incomplete, (Printed version filed on 2022-04-04)
City of Toronto
2022-04-01 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 04/01/22), Completed on: 2022-04-05, (Printed version filed on 2022-04-01) City of Toronto
2022-03-30 Notice of name, (Letter Form), (Printed version filed on 2022-04-07) Federation of Canadian Municipalities
2022-03-30 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-04-07) Federation of Canadian Municipalities
2022-03-30 Notice of name, (Letter Form), (Printed version filed on 2022-03-30) Workers' Compensation Board of British Columbia
2022-03-30 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-03-30) Workers' Compensation Board of British Columbia
2022-03-30 Notice of name, (Letter Form), (Printed version due on 2022-04-06) Ontario Good Roads Association
2022-03-30 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 04/01/22), Completed on: 2022-04-05, (Printed version filed on 2022-03-31) Ontario Good Roads Association
2022-03-30 Notice of name, (Letter Form), Missing: Proof of Service (rec' 04/04/22), (Printed version filed on 2022-03-30) Attorney General of British Columbia
2022-03-30 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 04/06/22)
Proof of Service (rec' 04/04/22), Completed on: 2022-04-25, (Printed version filed on 2022-03-30)
Attorney General of British Columbia
2022-03-30 Notice of name, (Letter Form), (Printed version filed on 2022-03-31) Regional Municipality of York, Regional Municipality of Peel, Regional Municipality of Durham, Regional Municipality of Halton, Regional Municipality of Waterloo and Regional Municipality of Niagara
2022-03-30 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 04/26/22), Completed on: 2022-04-29, (Printed version filed on 2022-03-31) Regional Municipality of York, Regional Municipality of Peel, Regional Municipality of Durham, Regional Municipality of Halton, Regional Municipality of Waterloo and Regional Municipality of Niagara
2022-03-29 Notice of name, (Book Form), (Printed version filed on 2022-03-31) Workers' Health and Safety Legal Clinic
2022-03-29 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 03/31/22), Completed on: 2022-04-05, (Printed version filed on 2022-03-31) Workers' Health and Safety Legal Clinic
2022-03-28 Notice of name, (Letter Form), (Printed version due on 2022-04-04) Retail Council of Canada
2022-03-28 Motion for leave to intervene, (Book Form), Missing: Filing fee, Incomplete, (Printed version due on 2022-04-04) Retail Council of Canada
2022-03-02 Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2022-03-02) Corporation of the City of Greater Sudbury
2022-03-02 Appellant's record, (Book Form), (2 volumes), Completed on: 2022-03-08, (Printed version filed on 2022-03-02) Corporation of the City of Greater Sudbury
2022-03-02 Appellant's factum, (Book Form), Completed on: 2022-03-08, (Printed version filed on 2022-03-02) Corporation of the City of Greater Sudbury
2022-01-05 Notice of appeal, (Letter Form), Completed on: 2022-01-18, (Printed version filed on 2022-01-05) Corporation of the City of Greater Sudbury
2021-12-09 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2021-12-09 Judgment on leave sent to the parties
2021-12-09 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C67701, 2021 ONCA 252, dated April 23, 2021 is granted with costs.
Granted, with costs
2021-10-12 All materials on application for leave submitted to the Judges, for consideration by the Court
2021-08-23 Applicant's reply to respondent's argument, (Book Form), Completed on: 2021-10-12, (Printed version filed on 2021-08-23) Corporation of the City of Greater Sudbury
2021-08-13 Certificate (on limitations to public access), (Included in the respondent's response on the application for leave to appeal) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2021-08-13 Notice of name, (Included in the respondent's response on the application for leave to appeal) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2021-08-13 Respondent's response on the application for leave to appeal, (Book Form), (2 volumes), Completed on: 2021-10-12, (Printed version filed on 2021-08-19) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2021-07-30 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2021-07-30
2021-06-21 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-06-21) Corporation of the City of Greater Sudbury
2021-06-21 Notice of name, (Letter Form), (Printed version filed on 2021-06-21) Corporation of the City of Greater Sudbury
2021-06-21 Application for leave to appeal, (Book Form), Completed on: 2021-06-21, (Printed version filed on 2021-06-21) Corporation of the City of Greater Sudbury