Case information

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)
2009-09-21	Appeal closed
2009-09-21	Formal judgment sent to the registrar of the court of appeal and all parties
2009-09-21	Judgment on appeal and notice of deposit of judgment sent to all parties
2009-09-18	Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Federal Court of Appeal, Number A-516-06, 2008 FCA 91, dated March 7, 2008, heard on March 26, 2009, is dismissed without costs. Dismissed, without costs
2009-09-16	Correspondence received from, W. D. Black dated Sept. 16/09 re: change of law firm for Neil Finkelstein from Blake, Cassels to McCarthy Tétrault LLP c.c. to all parties (rec'd by fax)	Bell Canada
2009-04-14	Transcript received, (92 pages)
2009-03-26	Correspondence received from, Request reserve 2 seating	Bell Canada
2009-03-26	Respondent's condensed book, Rec'd in Court on March 26, 2009	Canadian Radio-Television and Telecommunications Commission
2009-03-26	Appellant's condensed book, Rec'd in Court on March 26, 2009	Consumers' Association of Canada, National Anti-Poverty Organization and Public Interest Advocacy Centre
2009-03-26	Respondent's condensed book, Rec'd in Court on March 26, 2009	MTS Allstream Inc.
2009-03-26	Appellant's condensed book, Rec'd in Court on March 26, 2009	Telus Communications Inc.
2009-03-26	Appellant's condensed book, Rec'd in Court March 26/09	Bell Canada
2009-03-26	Judgment reserved OR rendered with reasons to follow
2009-03-26	Acknowledgement and consent for video taping of proceedings, All parties consented
2009-03-26	Hearing of the appeal, 2009-03-26, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved
2009-03-12	Notice of appearance, John Laskin and Afshan Ali will be appearing	Canadian Radio-Television and Telecommunications Commission
2009-03-11	Notice of appearance, Neil Finkelstein, Catherine Beagan Flood and Rahat Godil will be appearing	Bell Canada
2009-03-11	Notice of appearance, Richard Stephenson and Danny Kastner will be appearing	Consumers' Association of Canada, National Anti-Poverty Organization and Public Interest Advocacy Centre
2009-03-10	Notice of appearance, Michael H. Ryan, John E. Lowe, Stephen R. Schgmidt and Sonya A. Morgan will be appearing	Telus Communications Inc.
2009-03-10	Notice of appearance, Michael Koch and Dina F. Graser wil be appearing	MTS Allstream Inc.
2009-02-13	Appeal perfected for hearing
2009-02-13	Order on motion for additional time to present oral argument
2009-02-13	Decision on motion for additional time to present oral argument, CJ, UPON MOTION by the Appellant Bell Canada for an order increasing the aggregate time and allocating the time for oral argument of the parties in this appeal and Court File No. 32611, which are to be heard together; AND HAVE READ the materials filed in this motion; IT IS HEREBY ORDERED THAT: 1. The time for oral argument at the hearing of this appeal and Court File No. 32611 shall be allocated as follows: Bell and Telus (as appellants and respondents): 1 hour and 10 minutes MTS (as respondent): 20 minutes Consumers’ Association of Canada and National Anti-Poverty Organization (“CAC/NAPO”) (as respondents and appellants): 1hour CRTC (as respondent): 30 minutes Bell and Telus (in reply): 10 minutes 2. No costs of this motion shall be granted. Allowed in part, no order as to costs
2009-02-12	Respondent's book of authorities, Completed on: 2009-02-12	Consumers' Association of Canada, National Anti-Poverty Organization and Public Interest Advocacy Centre
2009-02-12	Respondent's factum, (1 extra copy rec'd Feb. 18/09), Completed on: 2009-02-12	Consumers' Association of Canada, National Anti-Poverty Organization and Public Interest Advocacy Centre
2009-02-12	Respondent's book of authorities, CD rec'd Feb. 18/09 - form rec'd Feb. 20/09, Completed on: 2009-02-23	Canadian Radio-Television and Telecommunications Commission
2009-02-12	Respondent's factum, CD rec'd Feb. 18/09 - form rec'd Feb. 20/09, Completed on: 2009-02-23	Canadian Radio-Television and Telecommunications Commission
2009-02-12	Respondent's factum, Completed on: 2009-02-12	MTS Allstream Inc.
2009-02-05	Correspondence received from, Catherine Beagan Flood dated Feb. 4, 2009. Re: New contact information for Robert Hersche	Saskatchewan Telecommunications
2009-02-02	Submission of motion for additional time to present oral argument, CJ
2009-01-30	Reply to the motion for additional time to present oral argument, (Letter Form), From Catherine Beagan Flood dated January 30, 2009, Completed on: 2009-01-30	Bell Canada
2009-01-26	Correspondence received from, Ivana Petricone dated Jan. 23/09 re: is the new contact person; does not proposed to file facta and to participate in oral argument and take no position on motion regarding time allocation for oral argument (sent to the judges March 11/09)	Arch Disability Law Centre
2009-01-26	Response to the motion for additional time to present oral argument, (Letter Form), from John B. Laskin dated Jan. 26/09, Completed on: 2009-01-26	Canadian Radio-Television and Telecommunications Commission
2009-01-23	Response to the motion for additional time to present oral argument, (Letter Form), from Michael Koch dated Jan. 23/09 and to advise the Court that they will only make submission in file 32611 (original rec'd Jan. 26/09), Completed on: 2009-01-23	MTS Allstream Inc.
2009-01-23	Response to the motion for additional time to present oral argument, (Letter Form), from John E. Lowe dated Jan. 23/09, Completed on: 2009-01-23	Telus Communications Inc.
2009-01-21	Response to the motion for additional time to present oral argument, (Letter Form), from Richard P. Stevenson dated Jan. 20/09, Completed on: 2009-01-21	Consumers' Association of Canada, National Anti-Poverty Organization and Public Interest Advocacy Centre
2009-01-16	Motion for additional time to present oral argument, Completed on: 2009-01-20	Bell Canada
2009-01-06	Correspondence received from, Mr. Laskin re: Anthony McIntyre of the CRTTC will be agent for them	Canadian Radio-Television and Telecommunications Commission
2008-12-24	Correspondence received from, Rec'd Dec. 24/08 legislation in replacement of the French version of the Appellant Telus factum (sent to the judges Jan. 12/09)	Telus Communications Inc.
2008-12-23	Correspondence received from, Dina Graser confirming that Nelligan O'Brien Payne is their agent	MTS Allstream Inc.
2008-12-18	Appellant's book of authorities, (Vol. I to III), Completed on: 2008-12-18	Bell Canada
2008-12-18	Appellant's factum, Completed on: 2008-12-18	Bell Canada
2008-12-18	Appellant's book of authorities, Electronic form rec'd Dec. 22/08 - some service missing, Completed on: 2008-12-18	Telus Communications Inc.
2008-12-17	Appellant's record, (Vol. I to VIII - Joint with 32611 - certificate rec'd Dec. 23/08), Completed on: 2009-01-07	Bell Canada
2008-12-17	Appellant's factum, Rec'd Dec. 24/08, 21 copies of legislation to replace the French version (sent to the Court Jan. 7/09), Completed on: 2009-01-06	Telus Communications Inc.
2008-11-24	Notice of hearing sent to parties
2008-11-24	Appeal hearing scheduled, 2009-03-26 Judgment reserved
2008-10-27	Notice of appeal, Completed on: 2008-10-27	Bell Canada
2008-10-24	Notice of appeal, Completed on: 2008-10-24	Telus Communications Inc.
2008-10-08	Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2008-09-26	Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2008-09-26	Judgment on leave sent to the parties
2008-09-25	Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Federal Court of Appeal, Number A-516-06, dated March 7, 2008, 2008 FCA 91, are granted. This case is to be heard with Consumers' Association of Canada, et al. v. Canadian Radio-Television and Telecommunications Commission, et al. (32611). Granted
2008-09-25	Decision on the motion for a stay of execution, The application for a stay filed by the applicant, Bell Canada, is granted on the same terms as ordered by the Federal Court of Appeal except that the stay will expire on the determination of the appeal to this Court. Granted
2008-07-28	Submission of motion for a stay of execution, Bi F Abe
2008-07-28	All materials on application for leave submitted to the Judges, Bi F Abe
2008-06-16	Applicant's reply to respondent's argument, Completed on: 2008-06-16	Bell Canada
2008-06-13	Applicant's reply to respondent's argument, CRTC (second application), Completed on: 2008-06-13	Telus Communications Inc.
2008-06-06	Respondent's response on the application for leave to appeal, (New covers requested - rec'd June 12/08), Completed on: 2008-06-18	Canadian Radio-Television and Telecommunications Commission
2008-06-06	Intervener's memorandum of argument on application for leave, Completed on: 2008-06-06	Canadian Radio-Television and Telecommunications Commission
2008-06-05	Respondent's response on the application for leave to appeal, (Letter Form), from D. McAllister, by fax, dated June 5, 2008 re: takes to position to both leave appl., Completed on: 2008-06-05	Arch Disability Law Centre
2008-06-04	Respondent's response on the application for leave to appeal, (New covers requested-rec'd June 11, 2008), Completed on: 2008-06-16	MTS Allstream Inc.
2008-06-04	Respondent's response on the application for leave to appeal, (SECOND APPLICATION) (New covers rec'd June 10, 2008), Completed on: 2008-06-04	Consumers' Association of Canada, National Anti-Poverty Organization and Public Interest Advocacy Centre
2008-06-04	Respondent's response on the application for leave to appeal, (FIRST APPLICATION) (New covers rec'd June 10, 2008), Completed on: 2008-06-04	Consumers' Association of Canada, National Anti-Poverty Organization and Public Interest Advocacy Centre
2008-06-04	Respondent's response on the application for leave to appeal, (Letter Form), from D. Campbell by fax dated June 4, 2008 re: does not oppose to both leave appl., Completed on: 2008-06-04	Bell Aliant Regional Communications, Limited Partnership
2008-06-04	Respondent's response on the application for leave to appeal, (Letter Form), from John E. Lowe by fax, dated June 3, 2008 re: consents to (FIRST) leave appl., Completed on: 2008-06-04	Telus Communications Inc.
2008-06-02	Respondent's response on the application for leave to appeal, (Letter Form), from C. Beagan Flood, by fax dated May 20, 2008 re: consents to (SECOND) leave appl., Completed on: 2008-06-02	Bell Canada
2008-05-30	Correspondence received from, Mr. Quail, dated May 26, 2008 re: did not participate in CA and are not participating before the SCC	BC Old Age Pensioners Organization
2008-05-26	Correspondence (sent by the Court) to, all parties from Deputy Registrar, by fax, re: Commission can file a 20 page factum
2008-05-23	Correspondence received from, J. Lowe, by fax dated May 23/08 re: objects to Mr. Laskin's request	Telus Communications Inc.
2008-05-23	Correspondence received from, D. McAllister, by fax dated May 23/08 re: no objection to Mr. Laskin's request	Arch Disability Law Centre
2008-05-23	Correspondence received from, C. Beagan Flood, by fax dated May 23, 08 re: no objection to Mr. Laskin's request	Bell Canada
2008-05-23	Correspondence received from, M. Koch, by fax dated May 23/08 re: no objection to Mr. Laskin's request	MTS Allstream Inc.
2008-05-23	Correspondence received from, D. Campbell, by fax, dated May 23, 2008 re: no objection to Mr. Laskin's request	Bell Aliant Regional Communications, Limited Partnership
2008-05-22	Correspondence received from, J. Laskin, by fax, dated May 22, 08 re: filing 20 page factum	Canadian Radio-Television and Telecommunications Commission
2008-05-15	Letter acknowledging receipt of a complete application for leave to appeal, SECOND APPLICATION
2008-05-14	Letter acknowledging receipt of a complete application for leave to appeal, FIRST APPLICATION
2008-05-09	Correspondence received from, D. Campbell, Q.C., e-mail from Gowlings dated May 8/08, confirming receipt of appl. on May 6, 2008	Bell Aliant Regional Communications, Limited Partnership
2008-05-06	Motion for a stay of execution, incl. in FIRST APPLICATION, Completed on: 2008-05-06	Bell Canada
2008-05-06	Application for leave to appeal, SECOND APPLICATION, Completed on: 2008-05-06	Telus Communications Inc.
2008-05-06	Book of authorities, FIRST APPLICATION (2 vol.)	Bell Canada
2008-05-06	Application for leave to appeal, FIRST APPLICATION (New covers requested - rec'd May 12/08 and service missing-rec'd May 9/08), Completed on: 2008-05-14	Bell Canada

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Bell Canada	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
Bell Aliant Regional Communications, Limited Partnership	Respondent	Active
Consumers' Association of Canada, National Anti-Poverty Organization and Public Interest Advocacy Centre	Respondent	Active
MTS Allstream Inc.	Respondent	Active
Société en Commandite Télébec	Respondent	Active
Telus Communications Inc.	Respondent	Active

And Between

Sub parties (1) - Appellants

Name	Role	Status
Telus Communications Inc.	Appellant	Active

v.

Sub parties (1) - Respondents

Name	Role	Status
Bell Canada	Respondent	Active
Arch Disability Law Centre	Respondent	Active
Bell Aliant Regional Communications, Limited Partnership	Respondent	Active
Canadian Radio-Television and Telecommunications Commission	Respondent	Active
Consumers' Association of Canada, National Anti-Poverty Organization and Public Interest Advocacy Centre	Respondent	Active
MTS Allstream Inc.	Respondent	Active
Saskatchewan Telecommunications	Respondent	Active
Société en Commandite Télébec	Respondent	Active

Other parties

Other parties

Name	Role	Status
Canadian Radio-Television and Telecommunications Commission	Intervener	Active

Counsel

Summary

Memorandums of argument on application for leave to appeal

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 filing 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.

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Factums on appeal

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.

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Webcasts

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