Docket

28654

James Chamberlain, et al. v. The Board of Trustees of School District # 36 (Surrey)

(British Columbia) (Civil) (By Leave)

Proceedings
Date Proceeding Filed By
(if applicable)
2003-02-05 Record returned to the Registrar of the Court of Appeal
2003-01-09 Appeal closed
2002-12-23 Judgment on appeal and notice of deposit of judgment sent to all parties
2002-12-20 Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal from the judgment of the Court of Appeal of British Columbia (Vancouver), Number CA025465, dated April 17, 2001, heard on June 12, 2002 is allowed with costs throughout to the appellants. The question of whether the books should be approved is remanded to the School Board to be considered according to the criteria laid out in the Board's own regulation, the curriculum guidelines and the broad principles of tolerance and non-sectarianism underlying the School Act. Gonthier and Bastarache JJ. are dissenting., Allowed, with costs
2002-06-28 Transcription received, (155 pages)
2002-06-12 Judgment reserved OR rendered with reasons to follow
2002-06-12 Appellant's condensed book James Chamberlain
2002-06-12 Acknowledgement and consent for video taping of proceedings
2002-06-12 Hearing of the appeal, 2002-06-12, (V043, V044), CJ L'HD G Ia Ma Ba Bi Arb LeB, Decision reserved
2002-06-11 Respondent's condensed book The Board of Trustees of School District # 36 (Surrey)
2002-06-11 Correspondence received from, C. Baxter dated June 11, 2002 (fax copy) re: article entitled "How to be Fair to Religious" contained in the Appellant's condensed book - (sent to the judges on June 11, 2002)(original received June 11, 2002) The Board of Trustees of School District # 36 (Surrey)
2002-06-10 Order on motion for additional time to present oral argument, (by the Chief Justice)
2002-06-10 Decision on motion for additional time to present oral argument, CJ, The application on behalf of the appellants for additional time for oral argument is dismissed., Dismissed
2002-06-10 Submission of motion for additional time to present oral argument, CJ
2002-06-05 Notice of appearance James Chamberlain
2002-06-05 Response to the motion for additional time to present oral argument, Completed on: 2002-06-05 The Board of Trustees of School District # 36 (Surrey)
2002-06-04 Book of authorities, (extension of time requested), Completed on: 2002-06-04 Canadian Civil Liberties Association
2002-06-04 Respondent's book of authorities, Supplementary re: Reply Factum (see decision of May 15/02), Completed on: 2002-06-04 The Board of Trustees of School District # 36 (Surrey)
2002-06-04 Reply factum on appeal, (see decision of May 15/02), Completed on: 2002-06-04 The Board of Trustees of School District # 36 (Surrey)
2002-06-04 Decision on miscellaneous motion, to reconsider Gonthier, J. order of Apr. 17/02, G, Dismissed
2002-06-03 Appellant's book of authorities, re: Reply Factum (see decision of May 15/02), Completed on: 2002-06-05 James Chamberlain
2002-06-03 Submission of miscellaneous motion, G
2002-05-31 Motion for additional time to present oral argument, (1 1/2 hours) - 3 copies, Completed on: 2002-05-31 James Chamberlain
2002-05-31 Reply to miscellaneous motion, Completed on: 2002-06-04 Elementary Teachers' Federation of Ontario
2002-05-29 Notice of appearance, (Letter Form), de Noel & Ass. en date du 27 mai 2002 (télécopieur) British Columbia Civil Liberties Association
2002-05-23 Reply factum on appeal, (see decision of May 15/02), Completed on: 2002-05-23 James Chamberlain
2002-05-21 Response to miscellaneous motion, Completed on: 2002-05-21 The Board of Trustees of School District # 36 (Surrey)
2002-05-15 Notice of miscellaneous motion, (for a reconsideration of the order of Justice Gonthier denying oral submissions) - 6 copies - book form, Completed on: 2002-05-15 Elementary Teachers' Federation of Ontario
2002-05-15 Order on motion to file a reply factum on appeal, (by Iacobucci J.)
2002-05-15 Decision on the motion to file a reply factum on appeal, Ia, The appellants are granted leave to file a reply factum of up to 17 pages and the respondent is granted leave to file a supplementary factum of up to 17 pages., Granted
2002-05-15 Submission of motion to file a reply factum on appeal, Ia
2002-05-10 Reply to motion to file a reply factum on appeal, (Letter Form), from J. Arvay dated May 10, 2002 (fax copy), Completed on: 2002-05-10 James Chamberlain
2002-05-06 Response to motion to file a reply factum on appeal, Completed on: 2002-05-06 The Board of Trustees of School District # 36 (Surrey)
2002-04-29 Motion to file a reply factum on appeal, (of 17 pages), Completed on: 2002-04-29 James Chamberlain
2002-04-17 Decision on the motion for leave to intervene, G, IT IS HEREBY ORDERED THAT the following interveners are granted permission to present oral argument at the hearing of the appeal not to exceed the time allowed respectively to each of them as follows: - Egale Canada Inc.: 10 minutes; - British Columbia Civil Liberties Association: 10 minutes; - The Board of Trustees of School District #34 (Abbotsford): 10 minutes; - Canadian Civil Liberties Association: 10 minutes; - Families in Partnership: 10 minutes - The Evangelical Fellowship of Canada, The Archdiocese of Vancouver, The Catholic Civil Rights League, The Canadian Alliance for Social Justice and Family Values Association, collectively: 15 minutes. IT IS HEREBY FURTHER ORDERED THAT the request of the Elementary Teachers' Federation of Ontario to present oral argument is denied. , Allowed in part, no order as to costs
2002-04-12 Intervener's factum, Completed on: 2002-04-12 Canadian Civil Liberties Association
2002-03-22 Book of authorities, Completed on: 2002-04-18 The Board of Trustees of School District no. 34 (Abbotsford)
2002-03-22 Intervener's factum, (service on appellants and respondent missing - rec'd Apr. 18/02), Completed on: 2002-04-18 The Board of Trustees of School District no. 34 (Abbotsford)
2002-03-22 Book of authorities, Completed on: 2002-03-22 Evangelical Fellowship of Canada, the Archdiocese of Vancouver, the Catholic Civil Rights League and the Canadian Alliance for Social Justice and Family Values Association
2002-03-22 Intervener's factum, Completed on: 2002-03-22 Evangelical Fellowship of Canada, the Archdiocese of Vancouver, the Catholic Civil Rights League and the Canadian Alliance for Social Justice and Family Values Association
2002-03-22 Book of authorities, Completed on: 2002-03-22 Families in Partnership
2002-03-22 Intervener's factum, Completed on: 2002-03-22 Families in Partnership
2002-03-22 Book of authorities, (joint authorities of EGALE Canada Inc. and Elementary Teachers' Federation of Ontario), Completed on: 2002-03-22 EGALE Canada Inc.
2002-03-22 Intervener's factum, Completed on: 2002-03-22 EGALE Canada Inc.
2002-03-22 Intervener's factum, Completed on: 2002-03-22 Elementary Teachers' Federation of Ontario
2002-03-22 Book of authorities, Completed on: 2002-03-22 British Columbia Civil Liberties Association
2002-03-22 Intervener's factum, Completed on: 2002-03-25 British Columbia Civil Liberties Association
2002-03-18 Notice of hearing, Session beginning on 2002-04-15 James Chamberlain
2002-03-08 Appeal hearing scheduled, 2002-06-12, Decision reserved
2002-03-06 Order on motion to state a constitutional question, (by the Chief Justice)
2002-03-06 Decision on the motion to state a constitutional question, CJ, The application by the appellants to state constitutional questions is denied., Dismissed
2002-03-04 Decision on motion to extend time, Reg, to serve and file the respondent's record, factum and book of authorities to Feb. 25, 2002., Granted
2002-03-04 Submission of motion to extend time, Reg
2002-02-22 Respondent's record, Vol. I to VII, Completed on: 2002-02-22 The Board of Trustees of School District # 36 (Surrey)
2002-02-22 Respondent's book of authorities, Completed on: 2002-02-22 The Board of Trustees of School District # 36 (Surrey)
2002-02-22 Respondent's factum, (See decision of March 4/02), Completed on: 2002-02-22 The Board of Trustees of School District # 36 (Surrey)
2002-02-21 Motion to extend time, to serve and file their Factum and Record to Feb. 25/02 (1 copy), Completed on: 2002-02-21 The Board of Trustees of School District # 36 (Surrey)
2002-02-20 Correspondence received from, J.J. Arvay dated Feb. 19/02 (by fax) re: service on all interveners to come James Chamberlain
2002-02-19 Appeal perfected for hearing, Session beginning on 2002-04-15
2002-02-18 Discontinuance of motion to strike out, (settlement reached between the parties) The Board of Trustees of School District no. 34 (Abbotsford)
2002-02-18 Correspondence received from, J.G. Dives dated Feb. 18/02 (by fax) re: in response to J. Arvay's letter dated Feb. 15/02 The Board of Trustees of School District # 36 (Surrey)
2002-02-18 Correspondence received from, J.J. Arvay dated Feb. 15/02 (by fax) re: in response to J.G. Dives' letter of Feb. 15/02 James Chamberlain
2002-02-18 Correspondence received from, H. Quinn dated Feb. 18/02 (by fax) re: changes to be made to Appellants' Factum and Record (service rec'd Feb. 21/02) James Chamberlain
2002-02-15 Correspondence received from, J.G. Dives dated Feb. 15/02 (by fax) re: in response to J. Arvay's letter dated Feb. 14/02 The Board of Trustees of School District # 36 (Surrey)
2002-02-15 Correspondence received from, J.J. Arvay dated Feb. 14/02 (by fax) re: Respondent's extension of time James Chamberlain
2002-02-12 Reply to motion to strike out, (Letter Form), from J. Dives dated Feb. 12, 2002 (fax copy), Completed on: 2002-02-12 The Board of Trustees of School District # 36 (Surrey)
2002-02-11 Response to motion to strike out, (Letter Form), from J. Arvay dated Feb. 8, 2002 (fax copy), Completed on: 2002-02-11 James Chamberlain
2002-02-06 Motion to strike out, (part of appellants' record and factum) - book form (settlement reached between the parties), Completed on: 2002-02-06 The Board of Trustees of School District # 36 (Surrey)
2002-02-05 Appellant's book of authorities, Vol. I to V (service missing on interveners - rec'd Feb. 22 and 28/02), Completed on: 2002-02-28 James Chamberlain
2002-01-21 Order on motion for leave to intervene, (BY THE JUDGE)
2002-01-21 Decision on the motion for leave to intervene, G, by the EGALE CANADA INC. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by the interventions., Granted
2002-01-21 Decision on the motion for leave to intervene, G, by the BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 34 (ABBOTSFORD). The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by the interventions., Granted
2002-01-21 Decision on the motion for leave to intervene, G, by the CANADIAN CIVIL LIBERTIES ASSOCIATION. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by the interventions., Granted
2002-01-21 Decision on the motion for leave to intervene, G, by the FAMILIES IN PARTNERSHIP. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by the interventions., Granted
2002-01-21 Decision on the motion for leave to intervene, G, by the EVANGELICAL FELLOWSHIP OF CANADA ET AL. The joint factum is limited to 30 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by the interventions., Granted
2002-01-21 Decision on the motion for leave to intervene, G, by the BRITISH COLUMBIA CIVIL LIBERTIES ASSOCIATION. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by the interventions., Granted
2002-01-21 Decision on the motion for leave to intervene, G, by the ELEMENTARY TEACHERS' FEDERATION OF ONTARIO. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by the interventions., Granted
2002-01-21 Order on motion to strike out, (BY THE JUDGE)
2002-01-21 Decision on motion to strike out, G, by the respondent for an order striking out portions of the affidavits filed in support of the applications for leave to intervene of EGALE Canada Inc. and the Elementary Teachers' Federation of Ontario., Dismissed, no order as to costs
2002-01-21 Submission of motion for leave to intervene, G
2002-01-21 Submission of motion to strike out, G
2002-01-16 Reply to motion to strike out, (3 copies), Completed on: 2002-01-16 The Board of Trustees of School District # 36 (Surrey)
2002-01-16 Submission of motion to state a constitutional question, CJ
2002-01-15 Correspondence received from, Vanessa Payne dated Jan. 15, 2002 (fax) re: issue of costs on the motion to strike should be reserved (original received on Jan. 17, 2002) EGALE Canada Inc.
2002-01-11 Correspondence received from, McCarthy Tétreault dated Jan. 11/02 to request an extension of time to reply The Board of Trustees of School District # 36 (Surrey)
2002-01-08 Response to motion to strike out, (book form), Completed on: 2002-01-08 Elementary Teachers' Federation of Ontario
2002-01-08 Response to motion to strike out, (book form), Completed on: 2002-01-08 EGALE Canada Inc.
2002-01-07 Reply to the motion for leave to intervene, (Letter Form), from J. Arvay dated Jan. 4, 2002 (fax copy), Completed on: 2002-01-07 James Chamberlain
2002-01-04 Correspondence received from, Chris W. Sanderson, Q.C. dated Jan. 4/02 to ask that paragraph 29 of his application for leave to intervene be struck British Columbia Civil Liberties Association
2002-01-04 Reply to the motion for leave to intervene, Completed on: 2002-01-04 British Columbia Civil Liberties Association
2002-01-04 Reply to the motion for leave to intervene, 3 copies, Completed on: 2002-01-04 Canadian Civil Liberties Association
2001-12-24 Appellant's record, Vol. I to XVII + Index (service missing on interveners - rec'd Feb. 22 and 28/02), Completed on: 2002-02-28 James Chamberlain
2001-12-24 Appellant's factum, (service missing on interveners - rec'd Feb. 22 and 28/02), Completed on: 2002-02-28 James Chamberlain
2001-12-24 Correspondence received from, V. Payne dated Dec. 24, 2001 (fax copy) re: will file a response to the respondent's motion on Jan. 9, 2002 EGALE Canada Inc.
2001-12-21 Response to the motion for leave to intervene, (Letter Form), from J. Arvay dated Dec. 21, 2001 (fax copy) re: intervention by Evangelical Fellowship, Completed on: 2001-12-21 James Chamberlain
2001-12-21 Response to the motion for leave to intervene, (responding to all interveners, except Ass. of Justices of the Peace) - 1 copy, book form, Completed on: 2001-12-21 The Board of Trustees of School District # 36 (Surrey)
2001-12-21 Motion to strike out, portions of affidavits in support of leave to intervene by Elementary Teachers' Fed. and EGALE - 1 copy, book form, Completed on: 2001-12-21 The Board of Trustees of School District # 36 (Surrey)
2001-12-20 Correspondence received from, J. Arvay dated Dec. 19, 2001 (fax copy) re: responding to C. Baxter's letter dated Dec. 12, 2001 (const. questions) James Chamberlain
2001-12-18 Response to the motion for leave to intervene, (Letter Form), from J. Arvay dated Dec. 14, 2001 (fax copy) re: intervention by Families in Partnership, Completed on: 2001-12-18 James Chamberlain
2001-12-17 Appeal court record, (1 envelope)
2001-12-17 Motion for leave to intervene, book form, Completed on: 2001-12-18 Evangelical Fellowship of Canada, the Archdiocese of Vancouver, the Catholic Civil Rights League and the Canadian Alliance for Social Justice and Family Values Association
2001-12-17 Motion for leave to intervene, 2 copies - book form, Completed on: 2001-12-18 Canadian Civil Liberties Association
2001-12-17 Motion for leave to intervene, book form, Completed on: 2001-12-17 Families in Partnership
2001-12-14 Motion for leave to intervene, book form, Incomplete The Board of Trustees of School District no. 34 (Abbotsford)
2001-12-13 Correspondence received from, C. Baxter dated Dec. 13, 2001 (fax copy) re: requesting an extension to Jan. 4, 2002 to file a response to the interveners The Board of Trustees of School District no. 34 (Abbotsford)
2001-12-13 Response to the motion to state a constitutional question, (Letter Form), from C. Baxter dated Dec. 12, 2001, Completed on: 2001-12-13 The Board of Trustees of School District # 36 (Surrey)
2001-12-12 Motion for leave to intervene, book form, Completed on: 2001-12-27 British Columbia Civil Liberties Association
2001-12-10 Motion for leave to intervene, book form, Completed on: 2001-12-10 Elementary Teachers' Federation of Ontario
2001-12-10 Motion for leave to intervene, book form, Completed on: 2001-12-10 EGALE Canada Inc.
2001-12-10 Motion to state a constitutional question, Completed on: 2001-12-10 James Chamberlain
2001-10-24 Order granting leave to appeal
2001-10-16 Notice of appeal, (sec. dep. no. 2597), Incomplete James Chamberlain
2001-10-09 Correspondence (sent by the Court) to, all parties; re: filing timetable / tentative hearing date
2001-10-05 Notice of deposit of judgment issued to all parties
2001-10-04 Decision on motion to extend time to file and /or serve the leave application, L'HD Arb LeB, Granted, no order as to costs
2001-10-04 Decision on the application for leave to appeal, L'HD Arb LeB, The application for an extension of time is granted. The application for leave to appeal is granted with costs to the applicants in any event of the cause., Granted, with costs to the applicant(s) in any event of the cause
2001-09-04 All materials on application for leave submitted to the Judges, L'HD Arb LeB
2001-09-04 Submission of motion to extend time to file and/ or serve the leave application, L'HD Arb LeB
2001-08-07 Reply to the motion to extend time to file and/ or serve the leave application, (included in the reply), Completed on: 2001-08-07 James Chamberlain
2001-08-07 Applicant's reply to respondent's argument, Completed on: 2001-08-07 James Chamberlain
2001-07-18 Response to the motion to extend the time to file and / or serve the leave application, (included in the response), Completed on: 2001-07-18 The Board of Trustees of School District # 36 (Surrey)
2001-07-18 Respondent's response on the application for leave to appeal, 2 vol., Completed on: 2001-07-18 The Board of Trustees of School District # 36 (Surrey)
2001-07-17 Letter acknowledging receipt of a complete application for leave to appeal
2001-06-12 Motion to extend the time to file and or serve the application for leave to appeal, (included in leave application), Completed on: 2001-06-12 James Chamberlain
2001-06-12 Application for leave to appeal, vol. 1 and 2 - (formal order of C.A. not signed) - (signed C/A Order filed June 29/01), Completed on: 2001-07-17 James Chamberlain