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)
2011-11-08	Appeal closed
2011-10-28	Formal judgment sent to the registrar of the court of appeal and all parties
2011-10-28	Judgment on appeal and notice of deposit of judgment sent to all parties
2011-10-27	Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA037052, 2010 BCCA 77, dated February 17, 2010, heard on March 16, 2011 is allowed, the Tribunal decision is set aside and the complaints dismissed. There is no order for costs. Allowed, no order as to costs
2011-04-11	Transcript received, (87 pages)
2011-04-04	Correspondence received from, Gowlings dated April 4/11 re: confirming name for the Intervener "Alberta Human Rights Commission" (by e-mail)	Alberta Human Rights Commission
2011-03-16	Judgment reserved OR rendered with reasons to follow
2011-03-16	Hearing of the appeal, 2011-03-16, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved
2011-03-16	Respondent's condensed book, Filed in Court	British Columbia Human Rights Tribunal
2011-03-16	Respondent's condensed book, Filed in Court	Guiseppe Figliola
2011-03-16	Appellant's condensed book, Filed in Court	Workers' Compensation Board of British Columbia
2011-03-16	Acknowledgement and consent for video taping of proceedings, All parties consented
2011-03-15	Correspondence (sent by the Court) to, Joana Thackeray, re.: permission to be listed as junior counsel
2011-03-15	Notice of appearance, Ms. Osborne-Brown will be presenting oral arguments	Canadian Human Rights Commission
2011-03-14	Notice of appearance, Janice Ashcroft will be appearing	Vancouver Area Human Rights Coalition Society
2011-03-11	Supplemental document, (Authorities), Completed on: 2011-03-14	Workers' Compensation Board of British Columbia
2011-03-10	Notice of appearance, Ryan D. W. Dalziel will be appearing, Anne Amos-Stewart will be present as an articling student	Vancouver Area Human Rights Coalition Society
2011-03-10	Correspondence received from, Mr. Dalziel rec'd Mar. 10/11 with cc. to all parties re: correction to page 5 of their factum (sent to the Court March 15/11)	Vancouver Area Human Rights Coalition Society
2011-03-09	Notice of appearance, Scott Nielsen and Laurel Courtenay will be appearing	Workers' Compensation Board of British Columbia
2011-03-09	Order by, LeB, FURTHER TO THE ORDER dated January 20, 2011, granting leave to intervene to the Attorney General of British Columbia, the Canadian Human Rights Commission, the Alberta Human Rights Commission, the Coalition of BC Business and the Vancouver Area Human Rights Coalition Society; IT IS HEREBY FURTHER ORDERED THAT the interveners are granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal Granted
2011-03-04	Intervener's book of authorities, Completed on: 2011-03-04	Coalition of BC Business
2011-03-04	Intervener's factum, Completed on: 2011-03-04	Coalition of BC Business
2011-03-04	Notice of appearance, Peter Gall and Nitya Iyer will be appearing	Coalition of BC Business
2011-03-04	Intervener's book of authorities, Completed on: 2011-03-04	Canadian Human Rights Commission
2011-03-04	Intervener's factum, Completed on: 2011-03-04	Canadian Human Rights Commission
2011-03-04	Intervener's book of authorities, original service rec'd Mar. 10/11, Completed on: 2011-03-09	Vancouver Area Human Rights Coalition Society
2011-03-04	Intervener's factum, service to follow, Completed on: 2011-03-09	Vancouver Area Human Rights Coalition Society
2011-03-04	Intervener's book of authorities, Service of CHRC rec'd Mar. 7/11and form rec'd Mar. 10/11, Completed on: 2011-03-11	Attorney General of British Columbia
2011-03-04	Intervener's factum, service of CHRC rec'd Mar. 7/11, Forms rec'd Mar. 10/11, Completed on: 2011-03-11	Attorney General of British Columbia
2011-03-03	Notice of appearance, Lindsay Waddell, Kevin Love and James Sayre will be appearing	Guiseppe Figliola
2011-03-03	Notice of appearance, Jonathan Penner will be appearing	Attorney General of British Columbia
2011-03-02	Notice of appearance, Katherine Hardie and Jessica Connell will be appearing	British Columbia Human Rights Tribunal
2011-03-02	Notice of appearance, Philippe Dufresne and Sheila Osborne-Brown will be appearing	Canadian Human Rights Commission
2011-03-02	Intervener's book of authorities, Completed on: 2011-03-02	Alberta Human Rights Commission
2011-03-02	Intervener's factum, Completed on: 2011-03-02	Alberta Human Rights Commission
2011-03-02	Notice of appearance, Philippe Dufresne and Sheila Osborne-Brown will be present at the hearing.	Canadian Human Rights Commission
2011-03-01	Notice of appearance, Lindsay Waddell will be appearing by videoconference and Kevin Love in person	Guiseppe Figliola
2011-03-01	Appeal perfected for hearing
2011-02-24	Correspondence received from, request to participate by video conference (granted0	Coalition of BC Business
2011-02-23	Correspondence (sent by the Court) to, Lindsay Waddell with cc. to all parties, confirming video conference and pre-test (sent by fax)
2011-02-04	Notice of appearance, Peter Gall and Nitya Iyer will be appearing	Coalition of BC Business
2011-02-03	Correspondence received from, Ms. Waddell rec'd by fax re: request for videoconference	Guiseppe Figliola
2011-02-03	Notice of appearance, Scott Nielsen and Laurel Courtenay will be present at the hearing.	Workers' Compensation Board of British Columbia
2011-01-31	Supplemental document, Supplemental book of authorities, Completed on: 2011-01-31	Guiseppe Figliola
2011-01-31	Respondent's book of authorities, Joint, Completed on: 2011-01-31	Guiseppe Figliola
2011-01-31	Respondent's record, Completed on: 2011-01-31	Guiseppe Figliola
2011-01-31	Respondent's factum, Completed on: 2011-01-31	Guiseppe Figliola
2011-01-31	Respondent's factum, Completed on: 2011-01-31	British Columbia Human Rights Tribunal
2011-01-28	Correspondence received from, Gowlings by fax, re.: request for 1 reserved seat at the hearing	Workers' Compensation Board of British Columbia
2011-01-20	Order on motion for leave to intervene, (BY LEBEL J.)
2011-01-20	Decision on the motion for leave to intervene, LeB, UPON APPLICATIONS by the Attorney General of British Columbia, the Canadian Human Rights Commission, the Alberta Human Rights Commission, the Coalition of BC Business, the Vancouver Area Human Rights Coalition Society and the Ontario Network of Injured Workers' Groups 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 of the Attorney General of British Columbia, the Canadian Human Rights Commission, the Alberta Human Rights Commission, the Vancouver Area Human Rights Coalition Society and the Coalition of BC Business are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length on or before March 4, 2011. The motion for leave to intervene of the Ontario Network of Injured Workers' Groups is dismissed. The requests to present oral argument are 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 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 respondents any additional disbursements occasioned to the appellant and respondents by their interventions Allowed in part
2011-01-20	Submission of motion for leave to intervene, LeB
2011-01-13	Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated Jan. 12/11 (by all interveners), Completed on: 2011-01-13	Workers' Compensation Board of British Columbia
2010-12-22	Response to the motion for leave to intervene, (Letter Form), from Jessica Connell dated Dec. 22/10 (by all interveners), Completed on: 2010-12-22	British Columbia Human Rights Tribunal
2010-12-16	Motion for leave to intervene, Completed on: 2010-12-16	Alberta Human Rights Commission
2010-12-16	Intervener's book of authorities, (on motion only), Completed on: 2010-12-16	Canadian Human Rights Commission
2010-12-16	Motion for leave to intervene, (bookform), Completed on: 2010-12-16	Canadian Human Rights Commission
2010-12-16	Motion for leave to intervene, (bookform), Completed on: 2010-12-17	Vancouver Area Human Rights Coalition Society
2010-12-16	Motion for leave to intervene, (bookform), Completed on: 2010-12-16	Coalition of BC Business
2010-12-16	Motion for leave to intervene, (service missing), Completed on: 2010-12-17	Attorney General of British Columbia
2010-12-14	Intervener's book of authorities, (on Motion only), Completed on: 2010-12-14	Ontario Network of Injured Workers' Groups
2010-12-14	Motion for leave to intervene, (bookform), Completed on: 2010-12-14	Ontario Network of Injured Workers' Groups
2010-11-18	Supplemental document, Book of Legislation, Completed on: 2010-11-18	Workers' Compensation Board of British Columbia
2010-11-18	Appellant's book of authorities, (2 volumes), Completed on: 2010-11-18	Workers' Compensation Board of British Columbia
2010-11-18	Appellant's record, (3 volumes), Completed on: 2010-11-18	Workers' Compensation Board of British Columbia
2010-11-18	Appellant's factum, Completed on: 2010-11-18	Workers' Compensation Board of British Columbia
2010-11-16	Notice of hearing sent to parties
2010-11-16	Appeal hearing scheduled, 2011-03-16, (start time 9:30 am) Judgment reserved
2010-09-23	Correspondence received from, from E. Meehan, Q.C. dated Sept. 23/10 re: change of counsel from D. G. Crane to James F. Sayre of the Community Legal Assistance	Guiseppe Figliola
2010-09-02	Correspondence received from, Eugene Meehan, Q.C. dated Sept. 2/10 advising that he is acting as agent for the B.C. Human Rights Tribunal	British Columbia Human Rights Tribunal
2010-08-27	Notice of appeal, Completed on: 2010-08-27	Workers' Compensation Board of British Columbia
2010-08-26	Correspondence received from, Eugene Meehan dated August 26, 2010. Re: Lang Michener will be acting as agent for Figliola, et al.	Guiseppe Figliola
2010-07-12	Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2010-07-09	Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2010-07-09	Judgment on leave sent to the parties
2010-07-08	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 for British Columbia (Vancouver), Number CA037052, 2010 BCCA 77, dated February 17, 2010, is granted without costs. Granted, without costs
2010-06-14	All materials on application for leave submitted to the Judges, CJ Abe Cro
2010-05-12	Respondent's response on the application for leave to appeal, (Letter Form), from Jessica Connell dated May 12/10 re: will not be filing a response, Completed on: 2010-05-12	British Columbia Human Rights Tribunal
2010-05-10	Respondent's response on the application for leave to appeal, (service rec'd May 13/10), Completed on: 2010-05-13	Guiseppe Figliola
2010-04-16	Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order
2010-04-15	Correspondence received from, E-mail by Ed Van Bemmel dated April 15, 2010. Re: Confirming nothing confidential in application	Workers' Compensation Board of British Columbia
2010-04-13	Court of Appeal casebooks and transcripts of evidence, Appellants' Appeal Book (3 volumes)
2010-04-13	Book of authorities	Workers' Compensation Board of British Columbia
2010-04-13	Application for leave to appeal, Missing final C/A order-draft form rec'd Apr 19/10 - Rec'd final c/a order on May 31, 2010, Completed on: 2010-04-13	Workers' Compensation Board of British Columbia

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Workers' Compensation Board of British Columbia	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
Figliola, Guiseppe	Respondent	Active
Kimberley Sallis and Barry Dearden	Respondent	Active
British Columbia Human Rights Tribunal	Respondent	Active

Other parties

Other parties

Name	Role	Status
Attorney General of British Columbia	Intervener	Active
Coalition of BC Business	Intervener	Active
Canadian Human Rights Commission	Intervener	Active
Alberta Human Rights Commission	Intervener	Active
Vancouver Area Human Rights Coalition Society	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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