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17694

K.S. Bhinder, et al. v. Canadian National Railway Company

(Federal) (Civil) (By Leave)

Docket

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

List of proceedings
Date Proceeding Filed By
(if applicable)
1986-06-18 General proceeding, record sent to Federal Court by hand
1986-04-29 General proceeding, record sent to Federal Court by hand
1986-04-29 Formal judgment sent to the registrar of the court of appeal and all parties, to Federal Court by hand
1985-12-27 Correspondence (sent by the Court) to, letter dated Dec. 26/85 from E.P. Belobada
1985-12-17 Judgment on the appeal rendered, there will be no order as to costs. The Chief Justice and Lamer J. dissenting, CJ B E McI C La W
Dismissed, no order as to costs
1985-10-25 Correspondence (sent by the Court) to, letter dated Oct. 24/85 from L. Band re: add authority
1985-01-30 Hearing of the appeal, 1985-01-30, CJ B E McI C La W
Decision reserved
1985-01-25 Book of authorities, 4 copies K.S. Bhinder
1985-01-25 Intervener's factum, 22 copies, with service Canadian Jewish Congress
1985-01-24 Book of authorities, 6 copies K.S. Bhinder
1985-01-23 Book of authorities, 20 copies (Caldwell and Toor) Attorney General of Canada
1985-01-23 Book of authorities, 6 copies K.S. Bhinder
1985-01-23 Intervener's factum, 21 copies, with service Attorney General of Canada
1985-01-23 Intervener's factum, 1 copy, with service Saskatchewan Human Rights Commission
1985-01-22 Intervener's factum, 1 copy, with service Alberta Human Rights Commission
1985-01-22 Intervener's factum, 20 copies, with service Canadian Association for the Mentally retarded
1985-01-21 Intervener's factum, 20 copies Saskatchewan Human Rights Commission
1985-01-17 Order on motion to file a lengthy factum
1985-01-17 Order on motion to file a lengthy factum
1985-01-17 Intervener's factum, 20 copies Alberta Human Rights Commission
1985-01-17 Decision on the motion for leave to intervene, E
Granted, no order as to costs
1985-01-17 Hearing of motion for leave to intervene, 1985-01-17, E
1985-01-17 Submission of motion for leave to intervene, 1985-01-17, E
1985-01-15 Decision on motion to file a lengthy factum, E
Granted, no order as to costs
1985-01-15 Hearing of motion to file a lengthy factum, 1985-01-15, E
1985-01-15 Submission of motion to file a lengthy factum, 1985-01-15, E
1985-01-14 Affidavit Canadian Jewish Congress
1985-01-14 Motion for leave to intervene, With service Canadian Jewish Congress
1985-01-14 Response to the motion to file a lengthy factum Canadian National Railway Company
1985-01-14 Response to the motion to file a lengthy factum K.S. Bhinder
1985-01-14 Affidavit Canadian National Railway Company
1985-01-14 Affidavit K.S. Bhinder
1985-01-14 Motion to file a lengthy factum Canadian National Railway Company
1985-01-14 Motion to file a lengthy factum K.S. Bhinder
1985-01-07 Book of authorities, 10 copies vols 1 and 2 Canadian National Railway Company
1985-01-07 Respondent's factum, 21 copies Canadian National Railway Company
1984-10-17 Appellant's factum, 1 copy, with service K.S. Bhinder
1984-10-16 Appellant's factum, 20 copies K.S. Bhinder
1984-10-10 Book of authorities, 10 copies Canadian Human Rights Commission
1984-10-01 Appeal hearing scheduled, 1985-01-30
Decision reserved
1984-09-17 Decision on miscellaneous motion, appeal to be heard with Simpson Sears, CJ
Granted, no order as to costs
1984-09-17 Hearing of miscellaneous motion, 1984-09-17, appeal to be heard with Simpson Sears, CJ
1984-09-17 Submission of miscellaneous motion, 1984-09-17, appeal to be heard with Simpson Sears, CJ
1984-09-07 Motion to expedite the appeal, With service K.S. Bhinder
1984-08-31 Response to miscellaneous motion, of Ontario Human Rights Commission and Theresa O'Malley
1984-08-31 Affidavit K.S. Bhinder
1984-08-31 Notice of miscellaneous motion, for an order that this appeal be heard with the case of Ontario Human Rights Commission vs. Simpsons Sears 17328 K.S. Bhinder
1984-08-30 Appeal perfected for hearing, Session beginning on 1984-10-01
1984-08-17 Appellant's factum, 21 copies, with service Canadian Human Rights Commission
1984-01-31 Appeal court record
1984-01-10 Certified casebook K.S. Bhinder
1984-01-10 Case on appeal, 20 copies vols 1,2,3,4 K.S. Bhinder
1983-11-25 Order granting leave to appeal
1983-10-18 Order on motion for leave to intervene
1983-10-04 Order on motion for leave to intervene
1983-10-04 Order on motion for leave to intervene
1983-09-27 Decision on the motion for leave to intervene, W
Granted, no order as to costs
1983-09-27 Hearing of motion for leave to intervene, 1983-09-27, W
1983-09-27 Submission of motion for leave to intervene, 1983-09-27, W
1983-09-26 Hearing of motion for leave to intervene, 1983-09-26
Decision reserved
1983-09-26 Submission of motion for leave to intervene, 1983-09-26
Decision reserved
1983-09-21 Response to the motion for leave to intervene, 2 copies re: Canadian Ass. of Mentally retarded K.S. Bhinder
1983-09-21 Response to the motion for leave to intervene, 2 copies re: provincial organizations of the handicapped K.S. Bhinder
1983-09-19 Decision on the motion for leave to intervene, W
Granted, no order as to costs
1983-09-19 Hearing of motion for leave to intervene, 1983-09-19, W
1983-09-19 Submission of motion for leave to intervene, 1983-09-19, W
1983-09-12 Affidavit Canadian Association for the Mentally retarded
1983-09-12 Motion for leave to intervene, With service Canadian Association for the Mentally retarded
1983-09-12 Response to the motion for leave to intervene, re: Alberta Intervention Canadian Human Rights Commission
1983-09-09 Decision on the motion for leave to intervene, W
Granted, no order as to costs
1983-09-09 Hearing of motion for leave to intervene, 1983-09-09, W
1983-09-09 Submission of motion for leave to intervene, 1983-09-09, W
1983-09-06 Response to the motion for leave to intervene, of Bhinder K.S. Bhinder
1983-09-06 Affidavit Alberta Human Rights Commission
1983-09-06 Motion for leave to intervene, With service Alberta Human Rights Commission
1983-08-25 Response to miscellaneous motion, of Ontario Human Rights Commission and Theresa O'Malley
1983-08-25 Response to miscellaneous motion, of K.S. Bhinder K.S. Bhinder
1983-08-25 Affidavit, of Rita Cadieux Canadian Human Rights Commission
1983-08-25 Notice of miscellaneous motion, For an order to have appeal heard with appeal of Ontario Human Rights Commission et al vs. Simpson Sears (17328) Canadian Human Rights Commission
1983-07-04 $30.00 filing fee, receipt #5640 K.S. Bhinder
1983-07-04 Notice of appeal, With service K.S. Bhinder
1983-06-10 $30.00 filing fee, receipt #6013 K.S. Bhinder
1983-06-10 Notice of appeal, With service K.S. Bhinder
1983-06-06 Judgment of the Court on the application for leave to appeal, D B C
Granted, with costs
1983-06-06 Hearing of the application for leave to appeal, 1983-06-06, D B C
1983-06-06 All materials on application for leave submitted to the Judges, 1983-06-06, D B C
1983-06-03 Book of authorities, 5 copies, with service Canadian National Railway Company
1983-06-02 Respondent's response on the application for leave to appeal, 1 copy, with service Canadian National Railway Company
1983-05-30 Respondent's response on the application for leave to appeal, 4 copies Canadian National Railway Company
1983-05-17 Application for leave to appeal, 5 copies of vols 1 and 2, with service, Completed on: 1983-05-17 Canadian Human Rights Commission
1983-05-17 General proceeding, 5 copies of appellant's argument, with service K.S. Bhinder
1983-05-11 Notice of application for leave to appeal, With service K.S. Bhinder

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Bhinder, K.S. Applicant Active
Canadian Human Rights Commission Applicant Active

v.

Main parties - Respondents
Name Role Status
Canadian National Railway Company Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Canadian Association for the Mentally retarded Intervener Active
Alberta Human Rights Commission Intervener Active
Saskatchewan Human Rights Commission Intervener Active
Coalition of organizations for the handicapped Intervener Active
Canadian Jewish Congress Intervener Active

Counsel

Party: Bhinder, K.S.

Counsel
Names
Ian Scott, Q.C.
Edward P. Belobaba
Contact information
Cameron, Brewin & Scott
402 - 181, University Ave.
Toronto, Ontario
M5H 3M7

Party: Canadian Human Rights Commission

Counsel
Names
Russell G. Juriansz
James Hendry
Contact information
Canadian Human Rights Commission
320 QUEEN ST
13TH FL TOWER A
OTTAWA, Ontario
K1A 1E1
Telephone: (613) 995-9151
FAX: (613) 993-3089

Party: Canadian National Railway Company

Counsel
Names
Lawrence L. Band, Q.C.
Kenneth R. Peel
Contact information
Canadian National Railway Company
935 RUE DE LA GAUCHETIERE O 11e ÉTAGE
MONTRÉAL, Quebec
H3B 2M9
Telephone: (514) 399-4775

Party: Attorney General of Canada

Counsel
Names
Ivan G. Whitehall, Q.C.
Eric A. Bowie
Judith McCann
Contact information
Attorney General of Canada
Attorney General of Canada
284 Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4801
FAX: (613) 952-8713

Party: Canadian Association for the Mentally retarded

Counsel
Name
J. David Baker
Contact information
Advocacy Resource Centre for the Handicapped
255 - 40 ORCHARD VIEW BLVD
TORONTO, Ontario
M4R 1B9
Telephone: (416) 482-8225
FAX: (416) 482-2981

Party: Alberta Human Rights Commission

Counsel
Name
Robert A. Philp
Contact information
Alberta Human Rights and Citizenship Commission
1600 STANDARD LIFE CENTRE
10405 JASPER AVE
EDMONTON, Alberta
T5J 4R7
Telephone: (403) 427-3116
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Saskatchewan Human Rights Commission

Counsel
Name
Milton C. Woodard, Q.C.
Contact information
Saskatchewan Human Rights Commission
8th Floor, Sturdy Stone Building
122 - 3rd Avenue North
Saskatoon, Saskatchewan
S7K 2H6
Telephone: (306) 933-5952
FAX: (306) 933-7863
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Coalition of organizations for the handicapped

Counsel
Name
J. David Baker
Contact information
Advocacy Resource Centre for the Handicapped
255 - 40 ORCHARD VIEW BLVD
TORONTO, Ontario
M4R 1B9
Telephone: (416) 482-8225
FAX: (416) 482-2981

Party: Canadian Jewish Congress

Counsel
Name
John I. Laskin
Contact information
Davies Ward Phillips & Vineberg LLP
1 FIRST CANADIAN PL 44TH FL
PO BOX 63
TORONTO, Ontario
M5X 1B1
Telephone: (416) 863-0900
FAX: (416) 863-0871

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

September 22, 1981
Federal Administrative Tribunals of Ontario

Not available

The tribunal found that C.N. had engaged in a discriminatory practice

April 13, 1983
Federal Court of Appeal

A-543-81

Section 28 application allowed

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

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Webcasts

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Date modified: 2025-05-13