Docket

39796

Glen Hansman v. Barry Neufeld

(British Columbia) (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)
2023-10-20 Bill of costs, *Under Review, Incomplete Glen Hansman
2023-05-19 Formal judgment sent to the registrar of the court of appeal and all parties
2023-05-19 Judgment on appeal and notice of deposit of judgment sent to all parties
2023-05-19 Judgment on the appeal rendered, CJ Ka Côt Row Mar Ja Ob, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA46586, 2021 BCCA 222, dated June 9, 2021, heard on October 11, 2022, is allowed. The order of the Court of Appeal is set aside and the order of the chambers judge dismissing the defamation action is restored. Costs are awarded in favour of the appellant on a party and party basis in this Court, on an ordinary costs basis in the Court of Appeal, and on a full indemnity basis in the Supreme Court of British Columbia pursuant to s. 7(1) of the Protection of Public Participation Act, S.B.C. 2019, c. 3. Côté J. dissents.
Allowed, costs on a party and party basis
2022-11-04 Transcript received, 133 pages
2022-10-11 Judgment reserved OR rendered with reasons to follow
2022-10-11 Hearing of the appeal, 2022-10-11, CJ Ka Côt Row Mar Ja Ob
Judgment reserved
2022-10-07 Appellant's condensed book, (Book Form), (Printed version filed on 2022-10-07) Glen Hansman
2022-10-06 Intervener's condensed book, (Book Form), (Printed version filed on 2022-10-06) Community-Based Research Centre and the Canadian Centre for Gender & Sexual Diversity
2022-10-06 Respondent's condensed book, (Book Form), (Printed version filed on 2022-10-06) Barry Neufeld
2022-10-05 Intervener's condensed book, (Book Form), (Printed version filed on 2022-10-06) Canadian Human Rights Commission
2022-09-26 Notice of appearance, (Letter Form), Adrienne S. Smith and Kate Feeney will be appearing at the hearing. Adrienne S. Smith will be presenting oral argument, (Printed version due on 2022-10-04) West Coast Legal Education and Action Fund
2022-09-23 Correspondence (sent by the Court) to, all parties; Letter of direction relating to upcoming hearing
2022-09-23 Notice of appearance, (Letter Form), Chantelle Rajotte, Emily Lapper and Steven Davis will be appearing and Chantelle Rajotte will be presenting oral argument., (Printed version due on 2022-10-03) Attorney General of British Columbia
2022-09-23 Notice of appearance, (Letter Form), Dustin Klaudt, Tristan Miller and Grace McDonell will be appearing and Dustin Klaudt will be presenting oral argument., (Printed version due on 2022-10-03) Community-Based Research Centre and the Canadian Centre for Gender & Sexual Diversity
2022-09-23 Notice of appearance, Jitesh Mistry and Thom Yachnin will be appearing and Jitesh Mistry will be presenting oral argument. B.C. General Employees' Union
2022-09-23 Notice of appearance, (Letter Form), Robyn Trask and Michael Sobkin will be appearing as counsels and both will be presenting oral argument., (Printed version due on 2022-10-03) Glen Hansman
2022-09-23 Notice of appearance, (Letter Form), Paul E. Jaffe will be appearing as counsel for the Centre for Free and present the oral submissions., (Printed version due on 2022-10-03) Barry Neufeld
2022-09-23 Notice of appearance, (Letter Form), Justin Safayeni and Yadesha Satheaswaran will be appearing as counsel for the Centre for Free Expression at the appeal hearing. Oral submissions will be made by Justin Safayeni., (Printed version due on 2022-10-03) Centre for Free Expression
2022-09-22 Notice of appearance, (Letter Form), Renee Reichelt and Brendan MacArthur-Stevens will be appearing on behalf of
the Interveners. Brendan MacArthur-Stevens will be presenting oral argument. , (Printed version due on 2022-09-29)
QMUNITY and Skipping Stone Scholarship Foundation
2022-09-22 Notice of appearance Egale Canada
2022-09-21 Notice of appearance, (Letter Form), Lillianne Cadieux-Shaw and Alexi N. Wood will appear at the hearing and Lillianne Cadieux-Shaw will present oral arguments., (Printed version due on 2022-09-28) Canadian Civil Liberties Association
2022-09-20 Notice of appearance, (Letter Form), Caroline Carrasco will appear at the hearing and present oral argument., (Printed version due on 2022-09-27) Canadian Human Rights Commission
2022-08-23 Decision on motion to adduce new evidence, Decision will not be rendered on this motion until after the hearing. Mentioned in par. 178 of reasons
Referred
2022-08-23 Correspondence (sent by the Court) to, the parties, RE: Motion to adduce new evidence will be referred to the Court. (EMAIL)
2022-08-22 Submission of motion to adduce new evidence, As per a direction by the Chief Justice, this motion has been referred to the full panel hearing the appeal for decision.
2022-08-16 Reply to motion to adduce new evidence, (Letter Form), Completed on: 2022-08-17, (Printed version filed on 2022-08-16) Glen Hansman
2022-08-09 Response to the motion to adduce new evidence, (Letter Form), Completed on: 2022-08-10, (Printed version due on 2022-08-16) Barry Neufeld
2022-07-28 Reply factum on appeal, (Book Form), Appellant Factum Reply to the Interveners, Completed on: 2022-08-05, (Printed version filed on 2022-07-29) Glen Hansman
2022-07-28 Reply factum on appeal, (Book Form), Respondent Factum Reply to the Interveners, Completed on: 2022-08-05, (Printed version filed on 2022-07-28) Barry Neufeld
2022-07-14 Intervener's book of authorities, (Book Form), Completed on: 2022-07-18, (Printed version filed on 2022-07-15) West Coast Legal Education and Action Fund
2022-07-14 Intervener's factum, (Book Form), received: amended factum (rec'd 2022-07-22), Completed on: 2022-07-18, (Printed version filed on 2022-07-15) West Coast Legal Education and Action Fund
2022-07-14 Intervener's book of authorities, (Book Form), received: amended factum (rec'd 2022-07-27), Completed on: 2022-07-18, (Printed version filed on 2022-07-15) B.C. General Employees' Union
2022-07-14 Intervener's factum, (Book Form), Completed on: 2022-07-18, (Printed version filed on 2022-07-15) B.C. General Employees' Union
2022-07-14 Intervener's book of authorities, (Book Form), Completed on: 2022-07-18, (Printed version filed on 2022-07-14) Community-Based Research Centre and the Canadian Centre for Gender & Sexual Diversity
2022-07-14 Intervener's factum, (Book Form), Completed on: 2022-07-18, (Printed version filed on 2022-07-14) Community-Based Research Centre and the Canadian Centre for Gender & Sexual Diversity
2022-07-14 Intervener's factum, (Book Form), Completed on: 2022-07-18, (Printed version filed on 2022-07-14) Egale Canada
2022-07-14 Intervener's factum, (Book Form), Completed on: 2022-07-18, (Printed version filed on 2022-07-14) Centre for Free Expression
2022-07-14 Intervener's factum, (Book Form), Completed on: 2022-07-18, (Printed version due on 2022-07-21) Attorney General of British Columbia
2022-07-14 Intervener's book of authorities, (Book Form), Completed on: 2022-07-18, (Printed version filed on 2022-07-14) QMUNITY and Skipping Stone Scholarship Foundation
2022-07-14 Intervener's factum, (Book Form), Completed on: 2022-07-18, (Printed version filed on 2022-07-14) QMUNITY and Skipping Stone Scholarship Foundation
2022-07-13 Notice of change of counsel Canadian Civil Liberties Association
2022-07-13 Intervener's book of authorities, (Book Form), Completed on: 2022-07-18, (Printed version filed on 2022-07-14) Canadian Civil Liberties Association
2022-07-13 Intervener's factum, (Book Form), Completed on: 2022-07-18, (Printed version filed on 2022-07-14) Canadian Civil Liberties Association
2022-07-13 Intervener's factum, (Book Form), Completed on: 2022-07-18, (Printed version filed on 2022-07-14) Canadian Human Rights Commission
2022-07-13 Motion to adduce new evidence, (Book Form), MISSING:
Filing Fee (rec' 08/11/22), Completed on: 2022-08-25, (Printed version filed on 2022-07-13)
Glen Hansman
2022-06-28 Notice of hearing sent to parties
2022-06-28 Appeal hearing scheduled, 2022-10-11
Judgment reserved
2022-06-22 Order on motion to extend time, by Justice Jamal (sent to parties by email)
2022-06-22 Decision on motion to extend time, Ja, UPON APPLICATION by the respondent for an order to extend the time to serve and file the respondent’s factum to June 8, 2022, and for permission to present oral argument at the hearing of the appeal in the above matter;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is granted.

Granted
2022-06-22 Submission of motion to extend time, Ja
2022-06-14 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (sent to parties by email)
2022-06-08 Motion to extend time, (Letter Form), to serve and file the respondent's factum, Completed on: 2022-06-16, (Printed version filed on 2022-06-08) Barry Neufeld
2022-06-08 Respondent's factum, (Book Form), Completed on: 2022-06-15, (Printed version filed on 2022-06-08) Barry Neufeld
2022-06-02 Order on motion for leave to intervene, by Justice Karakatsanis (sent by email to parties on 2022-06-02)
2022-06-02 Decision on the motion for leave to intervene, Ka, UPON APPLICATION by QMUNITY and the Skipping Stone Scholarship Foundation
(jointly), the Attorney General of British Columbia, the Canadian Human Rights Commission,
the Canadian Civil Liberties Association, the Community-Based Research Centre and Canadian
Centre for Gender & Sexual Diversity (jointly), the West Coast Legal Education and Action
Fund, the British Columbia General Employees’ Union, the Egale Canada Human Rights Trust,
the Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic, the Justice Centre for
Constitutional Freedoms, the Centre for Free Expression and Karin Litzcke 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 filed by the Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic, the Justice Centre for Constitutional Freedoms and Karin Litzcke are dismissed.

The motions for leave to intervene filed by QMUNITY and the Skipping Stone Scholarship
Foundation (jointly), the Attorney General of British Columbia, the Canadian Human Rights
Commission, the Canadian Civil Liberties Association, the Community-Based Research Centre
and Canadian Centre for Gender & Sexual Diversity (jointly), the West Coast Legal Education
and Action Fund, the British Columbia General Employees’ Union, the Egale Canada Human
Rights Trust and the Centre for Free Expression are granted and the said nine (9) interveners or
groups of interveners shall each be entitled to serve and file a single factum not to exceed ten
(10) pages in length on or before July 14, 2022.

The Attorney General of British Columbia is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
The remaining eight (8) interveners or groups of interveners are granted permission to present oral argument not exceeding five (5) minutes each at the hearing of the appeal.

The appellant and respondent are each 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 July 28, 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.

Granted
2022-06-02 Submission of motion for leave to intervene, Ka
2022-05-27 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-05-30 Karin Litzcke
2022-05-27 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-05-30 Community-Based Research Centre and the Canadian Centre for Gender & Sexual Diversity
2022-05-26 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-05-26, (Printed version filed on 2022-05-30) QMUNITY and Skipping Stone Scholarship Foundation
2022-05-26 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-05-26, (Printed version filed on 2022-05-31) Egale Canada
2022-05-25 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-05-25, (Printed version filed on 2022-05-30) B.C. General Employees' Union
2022-05-19 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-05-25, (Printed version due on 2022-05-27) Barry Neufeld
2022-05-19 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-05-25, (Printed version filed on 2022-05-24) Glen Hansman
2022-05-09 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee (rec'd 2022-05-10), Completed on: 2022-08-09
Karin Litzcke
2022-05-09 Notice of name, (Letter Form), (Printed version filed on 2022-05-10) Centre for Free Expression
2022-05-09 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete, (Printed version filed on 2022-05-10)
Centre for Free Expression
2022-05-09 Certificate (on limitations to public access) Justice Centre for Constitutional Freedoms
2022-05-09 Notice of name Justice Centre for Constitutional Freedoms
2022-05-09 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete, (Printed version filed on 2022-05-12)
Justice Centre for Constitutional Freedoms
2022-05-09 Notice of name Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic
2022-05-09 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete, (Printed version filed on 2022-05-16)
Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic
2022-05-09 Certificate (on limitations to public access) Egale Canada
2022-05-09 Notice of name Egale Canada
2022-05-09 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete
Egale Canada
2022-05-09 Notice of name, (Letter Form), (Printed version filed on 2022-05-10) B.C. General Employees' Union
2022-05-09 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee (rec'd 2022-05-13), Completed on: 2022-08-09, (Printed version filed on 2022-05-10)
B.C. General Employees' Union
2022-05-09 Certificate (on limitations to public access) West Coast Legal Education and Action Fund
2022-05-09 Notice of name West Coast Legal Education and Action Fund
2022-05-09 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete
West Coast Legal Education and Action Fund
2022-05-09 Notice of name Community-Based Research Centre and the Canadian Centre for Gender & Sexual Diversity
2022-05-09 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee (rec'd May 10, 2022), Completed on: 2022-08-09, (Printed version filed on 2022-05-09)
Community-Based Research Centre and the Canadian Centre for Gender & Sexual Diversity
2022-05-09 Notice of name, (Letter Form), (Printed version filed on 2022-05-13) Canadian Civil Liberties Association
2022-05-09 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee (rec'd 2022-05-13), Completed on: 2022-08-09, (Printed version filed on 2022-05-13)
Canadian Civil Liberties Association
2022-05-09 Notice of name Canadian Human Rights Commission
2022-05-09 Motion for leave to intervene, (Book Form), Completed on: 2022-05-09, (Printed version filed on 2022-05-12) Canadian Human Rights Commission
2022-05-09 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete, (Printed version filed on 2022-05-09)
Attorney General of British Columbia
2022-05-06 Notice of name, (Letter Form), (Printed version filed on 2022-05-11) QMUNITY and Skipping Stone Scholarship Foundation
2022-05-06 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee (rec'd 2022-05-10), Completed on: 2022-08-09, (Printed version filed on 2022-05-11)
QMUNITY and Skipping Stone Scholarship Foundation
2022-04-11 Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version filed on 2022-04-12) Glen Hansman
2022-04-11 Appellant's record, (Book Form), (5 volumes), Completed on: 2022-04-19, (Printed version filed on 2022-04-12) Glen Hansman
2022-04-11 Appellant's factum, (Book Form), received: amended factum (rec'd 2022-07-08), Completed on: 2022-04-19, (Printed version filed on 2022-07-08) Glen Hansman
2022-02-14 Notice of appeal, (Letter Form), Completed on: 2022-02-14, (Printed version filed on 2022-02-14) Glen Hansman
2022-01-13 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2022-01-13 Judgment on leave sent to the parties
2022-01-13 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 British Columbia (Vancouver), Number CA46586, 2021 BCCA 222, dated June 9, 2021, is granted with costs in the cause.
Granted, with costs in the cause
2021-12-06 All materials on application for leave submitted to the Judges, for consideration by the Court
2021-10-28 Applicant's reply to respondent's argument, (Book Form), Completed on: 2021-11-15, (Printed version filed on 2021-10-28) Glen Hansman
2021-10-18 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-10-20, (Printed version filed on 2021-10-18) Barry Neufeld
2021-10-18 Certificate (on limitations to public access) Barry Neufeld
2021-09-21 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2021-09-21
2021-08-25 Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-09-01) Glen Hansman
2021-08-25 Application for leave to appeal, (Book Form), Completed on: 2021-08-25, (Printed version filed on 2021-08-25) Glen Hansman