Cases
SCC Case Information
Docket
33039
Hazel Ruth Withler, et al. v. Attorney General of Canada
(British Columbia) (Civil) (By Leave)
| Date | Proceeding | Filed By (if applicable) |
|
|---|---|---|---|
| row 1 | 2010-04-06 | Transcription received, (67 pages) | Not applicable |
| row 2 | 2010-03-17 | Judgment reserved OR rendered with reasons to follow | Not applicable |
| row 3 | 2010-03-17 | Respondent's condensed book, Submitted in Court (14 copies) | Attorney General of Canada |
| row 4 | 2010-03-17 | Appellant's condensed book, Submitted in Court (14 copies) | Hazel Ruth Withler |
| row 5 | 2010-03-17 | Acknowledgement and consent for video taping of proceedings, From all parties | Not applicable |
| row 6 | 2010-03-17 | Hearing of the appeal, 2010-03-17, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
Not applicable |
| row 7 | 2010-03-15 | Correspondence received from, Joseph Arvay dated March 12, 2010. Re: Missing page in transcript will be included in condensed book | Hazel Ruth Withler |
| row 8 | 2010-03-12 | Correspondence received from, Jeff Beedell by e-mail, re.: request for 5 reserved seats at the hearing | Hazel Ruth Withler |
| row 9 | 2010-03-08 | Correspondence received from, K. de La Durantaye by e-mail, re.: request of 3 reserved seats at the hearing | Attorney General of Canada |
| row 10 | 2010-03-08 | Order by, Cro, FURTHER TO THE ORDER dated December 29, 2009, granting leave to intervene to the Women's Legal Education and Action Fund; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal Granted, . |
Not applicable |
| row 11 | 2010-03-03 | Notice of appearance, Daphne Gilbert and Joanna Redbord will be present at the hearing. | Women's Legal Education and Action Fund |
| row 12 | 2010-03-03 | Notice of appearance, Robert Charney and Matthew Horner will be present at the hearing. | Attorney General of Ontario |
| row 13 | 2010-03-02 | Notice of appearance, Joseph Arvay, John Kleefeld and Elin Sigurdson will be present at the hearing. | Hazel Ruth Withler |
| row 14 | 2010-03-02 | Notice of appearance, Donald Rennie, Sharlene Telles-Langdon and Dale Yurka will be present at the hearing. | Attorney General of Canada |
| row 15 | 2010-03-01 | Order on motion to extend time | Hazel Ruth Withler |
| row 16 | 2010-03-01 | Decision on motion to extend time, to serve and file the appellants' reply factum to Feb. 12/10, Reg Granted, no order as to costs |
Not applicable |
| row 17 | 2010-03-01 | Intervener's book of authorities, CD missing - Rec'd March 2, 2010 (2 volumes), Completed on: 2010-03-02 | Women's Legal Education and Action Fund |
| row 18 | 2010-03-01 | Intervener's factum, CD missing - Rec'd on March 2, 2010, Completed on: 2010-03-02 | Women's Legal Education and Action Fund |
| row 19 | 2010-02-26 | Submission of motion to extend time, Reg |
Not applicable |
| row 20 | 2010-02-11 | Response to motion to extend time, email from Dale Yurka dated Jan. 26/10, Completed on: 2010-02-11 | Attorney General of Canada |
| row 21 | 2010-02-11 | Motion to extend time, to serve and file the appellants' reply factum pursuant to rule 29(4) to Feb. 12/10, Completed on: 2010-02-11 | Hazel Ruth Withler |
| row 22 | 2010-02-11 | Reply factum on appeal, Pursuant to rule 29(4), Completed on: 2010-02-11 | Hazel Ruth Withler |
| row 23 | 2010-02-10 | Notice of change of counsel, Cynthia Petersen of Sack Goldblatt Mitchell LLP is replaced by Daphne Gilbert and Joanna Radbord | Women's Legal Education and Action Fund |
| row 24 | 2010-02-04 | Intervener's book of authorities, Completed on: 2010-02-04 | Attorney General of Ontario |
| row 25 | 2010-02-04 | Intervener's factum - AG on constitutional question, Completed on: 2010-02-04 | Attorney General of Ontario |
| row 26 | 2010-01-11 | Respondent's book of authorities, Vol. 1 to 3, Completed on: 2010-01-11 | Attorney General of Canada |
| row 27 | 2010-01-11 | Respondent's record, Vol. 1 and 2, Completed on: 2010-01-11 | Attorney General of Canada |
| row 28 | 2010-01-11 | Respondent's factum, Completed on: 2010-01-11 | Attorney General of Canada |
| row 29 | 2010-01-08 | Notice of withdrawal, of the intervener (Attorney General of Alberta) | Attorney General of Alberta |
| row 30 | 2009-12-29 | Order on motion for leave to intervene, (BY CROMWELL J.) | Women's Legal Education and Action Fund |
| row 31 | 2009-12-29 | Decision on the motion for leave to intervene, Cro, The motion for leave to intervene of the Women’s Legal Education and Action Fund is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before March 1, 2010. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be 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 appellants and respondent any additional disbursements occasioned to the appellants and respondent by its intervention. Granted, . |
Not applicable |
| row 32 | 2009-12-29 | Submission of motion for leave to intervene, Cro |
Not applicable |
| row 33 | 2009-12-29 | Appeal perfected for hearing | Not applicable |
| row 34 | 2009-12-04 | Reply to the motion for leave to intervene, (bookform), Completed on: 2009-12-04 | Women's Legal Education and Action Fund |
| row 35 | 2009-11-30 | Respondent's book of authorities, ON MOTION for leave to intervene, Completed on: 2009-11-30 | Attorney General of Canada |
| row 36 | 2009-11-30 | Response to the motion for leave to intervene, (bookform), Completed on: 2009-11-30 | Attorney General of Canada |
| row 37 | 2009-11-25 | Notice of hearing sent to parties | Not applicable |
| row 38 | 2009-11-24 | Appeal hearing scheduled, 2010-03-17, (Starting time 9:00 a.m.) Judgment reserved |
Not applicable |
| row 39 | 2009-11-23 | Intervener's book of authorities, ON MOTION for leave to intervene, Completed on: 2009-11-23 | Women's Legal Education and Action Fund |
| row 40 | 2009-11-23 | Motion for leave to intervene, (bookform), Completed on: 2009-11-23 | Women's Legal Education and Action Fund |
| row 41 | 2009-11-20 | Response to the motion for leave to intervene, from Jeffrey Beedell dated Nov. 20/09, Completed on: 2009-11-20 | Hazel Ruth Withler |
| row 42 | 2009-10-29 | Order on miscellaneous motion | Hazel Ruth Withler |
| row 43 | 2009-10-29 | Decision on miscellaneous motion, permitting the appellants to reproduce excerpts of exhibits (Exhibit 12 and Exhibit 13) in its record; and permitting the respondent to reproduce excerpts exhibits (Exhibit 12 and Exhibit 13) in its record, Reg Granted, . |
Not applicable |
| row 44 | 2009-10-29 | Submission of miscellaneous motion, Reg |
Not applicable |
| row 45 | 2009-10-28 | Appellant's book of authorities, Completed on: 2009-10-28 | Hazel Ruth Withler |
| row 46 | 2009-10-28 | Appellant's record, (6 volumes), Completed on: 2009-10-28 | Hazel Ruth Withler |
| row 47 | 2009-10-28 | Appellant's factum, Completed on: 2009-10-28 | Hazel Ruth Withler |
| row 48 | 2009-10-09 | Notice of miscellaneous motion, to be permitted to reproduce Exhibits 12 and 13 in part only in the Appellants' Record (bookform), Completed on: 2009-10-09 | Hazel Ruth Withler |
| row 49 | 2009-09-03 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| row 50 | 2009-09-03 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| row 51 | 2009-08-07 | Notice of constitutional question(s) | Hazel Ruth Withler |
| row 52 | 2009-08-05 | Order on motion to state a constitutional question | Hazel Ruth Withler |
| row 53 | 2009-08-05 | Decision on the motion to state a constitutional question, UPON APPLICATION by the appellants for an order stating constitutional questions in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOWS: 1. Do s. 47(1) of the Public Service Superannuation Act, R.S.C. 1985, c. P-36, and ss. 15 and 16 of the Supplementary Death Benefits Regulations, C.R.C., c. 1360, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? 3. Do s. 60(1) of the Canadian Forces Superannuation Act, R.S.C. 1985, c. C-17, and s. 52 of the Canadian Forces Superannuation Regulations, C.R.C. c. 396, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms? 4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Granted, . |
Not applicable |
| row 54 | 2009-07-23 | Submission of motion to state a constitutional question | Not applicable |
| row 55 | 2009-07-10 | Reply to the motion to state a constitutional question, (bookform), Completed on: 2009-07-10 | Hazel Ruth Withler |
| row 56 | 2009-07-06 | Response to the motion to state a constitutional question, (bookform), Completed on: 2009-07-06 | Attorney General of Canada |
| row 57 | 2009-06-26 | Motion to state a constitutional question, Completed on: 2009-06-29 | Hazel Ruth Withler |
| row 58 | 2009-06-26 | Notice of appeal, Completed on: 2009-06-26 | Hazel Ruth Withler |
| row 59 | 2009-06-03 | Letter advising the parties of the tentative hearing date and filing deadlines | Not applicable |
| row 60 | 2009-05-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | Not applicable |
| row 61 | 2009-05-29 | Judgment on leave sent to the parties | Not applicable |
| row 62 | 2009-05-28 | Decision on the application for leave to appeal, LeB De Cro, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA033785, 2008 BCCA 539, dated December 23, 2008, is granted without costs. Granted, without costs |
Not applicable |
| row 63 | 2009-04-27 | All materials on application for leave submitted to the Judges, LeB De Cro |
Not applicable |
| row 64 | 2009-04-02 | Applicant's reply to respondent's argument, Completed on: 2009-04-02 | Hazel Ruth Withler |
| row 65 | 2009-03-23 | Respondent's response on the application for leave to appeal, Completed on: 2009-03-23 | Attorney General of Canada |
| row 66 | 2009-03-04 | Correspondence received from, Joseph Arvay dated March 3, 2009. Re: Return of the C/A order form | Hazel Ruth Withler |
| row 67 | 2009-02-24 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | Not applicable |
| row 68 | 2009-02-20 | Book of authorities | Hazel Ruth Withler |
| row 69 | 2009-02-20 | Application for leave to appeal, Missing C/A order - Rec'd on March 17, 2009, Completed on: 2009-03-18 | Hazel Ruth Withler |

