Docket

40302

City of St. John's v. Wallace Lynch, et al.

(Newfoundland & Labrador) (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)
2024-02-26 Correspondence received from, (Letter Form), the respondent, Willis Lynch. Willis Lynch
2023-11-29 Transcript received, 122 Pages
2023-11-16 Judgment reserved OR rendered with reasons to follow
2023-11-16 Hearing of the appeal, 2023-11-16, Ka Côt Row Mar Kas Ja Ob
2023-11-10 Intervener's condensed book, (Book Form) Canadian Home Builders' Association
2023-11-10 Appellant's condensed book, (Book Form) City of St. John's
2023-11-10 Respondent's condensed book, (Book Form) Wallace Lynch
2023-10-18 Notice of appearance, (Letter Form), Ian F. Kelly, K.C. and Daniel M. Glover will appear before the court. Ian F. Kelly K.C, will make the oral arguments. City of St. John's
2023-10-16 Notice of appearance, Shane Rayman, Conner Harris, and Leah Cummings will be appearing before the Court via Zoom. Shane Rayman will be presenting oral argument. Canadian Home Builders' Association
2023-10-16 Notice of appearance, Michael J. Crosbie, KC and Raymend G. Critch will appear before the court. Both Michael J. Crosbie, KC and Raymend G. Critch will be making oral arguments. Wallace Lynch
2023-10-16 Notice of appearance, (Letter Form), Randy Christensen and Lindsay Beck will appear before the court. Randy Christensen will be prensenting oral arguments. Ecojustice Canada Society
2023-10-16 Notice of appearance, (Letter Form), Brandon Kain, Jonathan Nehmetallah and Lauren Weaver will be appear before the court. Brandon Kain will present oral argument. Ontario Landowners Association
2023-10-16 Notice of appearance, Philip C.M. Huynh and Allan Wu will appear before the court. Philip C.M. Huynh will present oral arguments. City of Surrey
2023-10-13 Notice of appearance, Phong Phan and Tim Quirk will be appearing, and Phong Phan will be presenting oral arguments Attorney General of British Columbia
2023-08-22 Reply factum on appeal, (Book Form), Reply factum to interveners, Completed on: 2023-08-23, (Printed version filed on 2023-08-23) City of St. John's
2023-08-16 Intervener's factum, (Book Form), Completed on: 2023-08-23, (Printed version filed on 2023-08-17) Ecojustice Canada Society
2023-08-16 Intervener's book of authorities, (Book Form), Completed on: 2023-08-23, (Printed version filed on 2023-08-17) Canadian Home Builders' Association
2023-08-16 Intervener's factum, (Book Form), Completed on: 2023-08-23, (Printed version filed on 2023-08-17) Canadian Home Builders' Association
2023-08-16 Intervener's factum, (Book Form), Completed on: 2023-08-23, (Printed version filed on 2023-08-16) City of Surrey
2023-08-14 Intervener's book of authorities, (Book Form), Completed on: 2023-08-23, (Electronic version filed on 2023-08-16) Attorney General of British Columbia
2023-08-14 Intervener's factum, (Book Form), Completed on: 2023-08-23, (Electronic version filed on 2023-08-16) Attorney General of British Columbia
2023-08-14 Intervener's factum, (Book Form), Amended Cover Pages required (Rec'd 2023-08-28), Completed on: 2023-09-05, (Printed version filed on 2023-08-14) Ontario Landowners Association
2023-07-11 Respondent's book of authorities, (Book Form), Completed on: 2023-07-11, (Printed version filed on 2023-07-11) Wallace Lynch
2023-07-11 Respondent's factum, (Book Form), Completed on: 2023-07-11, (Printed version filed on 2023-07-11) Wallace Lynch
2023-07-05 Order on motion for leave to intervene, by Justice Côté (sent to parties by email)
2023-07-05 Decision on the motion for leave to intervene, Côt, UPON APPLICATION by the Attorney General of British Columbia, the City of Surrey, the Canadian Home Builders’ Association, the Ontario Landowners Association and the Ecojustice Canada Society 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 five (5) interveners shall each be entitled to serve and file a single factum not to exceed ten (10) pages in length on or before August 16, 2023.

The interveners are 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 August 23, 2023.

The 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 shall pay to the appellant and the respondents any additional disbursements resulting from their interventions.

Granted
2023-07-05 Submission of motion for leave to intervene, Côt
2023-06-29 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2023-06-29 Canadian Home Builders' Association
2023-06-28 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2023-06-29 Ontario Landowners Association
2023-06-27 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2023-06-29 City of Surrey
2023-06-27 Notice of hearing sent to parties, via email.
2023-06-27 Appeal hearing scheduled, 2023-11-16
2023-06-23 Response to the motion for leave to intervene, (Letter Form), Completed on: 2023-06-29, (Printed version filed on 2023-06-23) City of St. John's
2023-06-14 Notice of name, (Letter Form), (Printed version filed on 2023-06-16) Ecojustice Canada Society
2023-06-14 Motion for leave to intervene, (Book Form), Completed on: 2023-06-27, (Printed version filed on 2023-06-16) Ecojustice Canada Society
2023-06-14 Notice of name, (Letter Form), (Printed version filed on 2023-06-15) Ontario Landowners Association
2023-06-14 Motion for leave to intervene, (Book Form), Completed on: 2023-06-21, (Printed version filed on 2023-06-15) Ontario Landowners Association
2023-06-14 Notice of name, (Letter Form), (Printed version filed on 2023-06-15) Canadian Home Builders' Association
2023-06-14 Motion for leave to intervene, (Book Form), Completed on: 2023-06-16, (Printed version filed on 2023-06-15) Canadian Home Builders' Association
2023-06-13 Notice of name, (Letter Form), (Printed version filed on 2023-06-13) Attorney General of British Columbia
2023-06-13 Notice of name, (Letter Form), (Printed version filed on 2023-06-14) City of Surrey
2023-06-13 Motion for leave to intervene, (Book Form), MISSING: Filing Fee (rec' 06/19/23), Completed on: 2023-08-18, (Printed version filed on 2023-06-14) City of Surrey
2023-06-13 Motion for leave to intervene, (Book Form), Completed on: 2023-06-16, (Printed version filed on 2023-06-13) Attorney General of British Columbia
2023-06-09 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2023-05-17 Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2023-05-25) City of St. John's
2023-05-17 Appellant's factum, (Book Form), Completed on: 2023-05-18, (Printed version filed on 2023-05-17) City of St. John's
2023-05-17 Appellant's book of authorities, (Book Form), Completed on: 2023-05-18, (Printed version filed on 2023-05-17) City of St. John's
2023-05-17 Appellant's record, (Book Form), (5 volumes), Completed on: 2023-05-18, (Printed version filed on 2023-05-17) City of St. John's
2023-05-17 Order on miscellaneous motion, by ROWE J.
2023-05-17 Decision on miscellaneous motion, Row, UPON APPLICATION by the respondent, Board of Commissioners of Public Utilities, for an order to be removed from the style of cause and as a party, pursuant to Rules 18(4.1) of the Rules of the Supreme Court of Canada;

AND THE MATERIAL FILED having been read;

AND NOTING the consent of the appellant;

IT IS HEREBY ORDERED THAT:

The motion is granted.

The Board of Commissioners of Public Utilities is hereby removed as a party in the proceedings before this Court and the style of cause shall be modified to reflect this change.

Granted
2023-05-17 Submission of miscellaneous motion, Row
2023-05-04 Correspondence received from, Notice of change in contact particulars and firm affiliation Board of Commissioners of Public Utilities
2023-05-03 Notice of miscellaneous motion, (Letter Form), Motion to be removed from the style of cause pursuant to Rule 18 (4.1) of the Rules of the Supreme Court of Canada.
Missing: Filing Fee (rec' 05/08/23), Completed on: 2023-05-17, (Printed version filed on 2023-05-10)
Board of Commissioners of Public Utilities
2023-04-14 Notice of appeal, (Letter Form), Completed on: 2023-04-17, (Printed version due on 2023-04-21) City of St. John's
2023-03-16 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2023-03-16 Judgment on leave sent to the parties
2023-03-16 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 of Newfoundland and Labrador, Number 202001H0052, 2022 NLCA 29, dated May 11, 2022, is granted with costs in the cause.
Granted, with costs
2023-01-23 All materials on application for leave submitted to the Judges, for consideration by the Court
2022-09-14 Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-09-15, (Printed version filed on 2022-09-14) City of St. John's
2022-09-07 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-09-08) Wallace Lynch
2022-09-07 Notice of name, (Letter Form), (Printed version filed on 2022-09-08) Wallace Lynch
2022-09-07 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-09-13, (Printed version filed on 2022-09-08) Wallace Lynch
2022-09-07 Correspondence received from, (Letter Form), (Printed version filed on 2022-09-16) Board of Commissioners of Public Utilities
2022-09-07 Correspondence received from, Will not file a response Board of Commissioners of Public Utilities
2022-09-07 Notice of name, (Letter Form), 23A, (Printed version filed on 2022-09-16) Board of Commissioners of Public Utilities
2022-09-07 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-09-16) Board of Commissioners of Public Utilities
2022-08-11 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-08-11
2022-08-02 Notice of name, (Letter Form), (Printed version due on 2022-08-09) City of St. John's
2022-08-02 Certificate (on limitations to public access), 23A City of St. John's
2022-08-02 Application for leave to appeal, (Book Form), Completed on: 2022-08-02, (Printed version filed on 2022-08-02) City of St. John's