Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
35315
Trial Lawyers Association of British Columbia, et al. v. Attorney General of British Columbia
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-10-06 | Appeal closed | |
| 2014-10-03 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-10-03 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-10-02 |
Judgment on the appeal rendered, CJ LeB Abe Ro Cro Mo Ka, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA039971, 2013 BCCA 65, dated February 15, 2013, heard on April 14, 2014, is allowed and the cross-appeal is dismissed, both without costs. The declaration of unconstitutionality of the trial judge is affirmed and the order of the Court of Appeal expanding the exemption provision is set aside. Ms. Vilardell is excused from paying the hearing fee. Rothstein J. is dissenting. Allowed, without costs |
|
| 2014-10-02 |
Judgment on the cross-appeal rendered, CJ LeB Abe Ro Cro Mo Ka Dismissed, without costs |
|
| 2014-05-01 | Transcript received, 133 pages | |
| 2014-04-14 | Judgment reserved OR rendered with reasons to follow | |
| 2014-04-14 | Intervener's condensed book, (Book Form), Submitted in Court (14 COPIES) | Attorney General of Alberta |
| 2014-04-14 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | Attorney General of Quebec |
| 2014-04-14 |
Judgment of the Court on the application for leave to cross-appeal, Orally at the hearing of the appeal Granted |
|
| 2014-04-14 | All material on the application for leave to cross-appeal submitted to the Judges, Orally at the hearing of the appeal, CJ LeB Abe Ro Cro Mo Ka | |
| 2014-04-14 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | Attorney General of Canada |
| 2014-04-14 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | West Coast Women's Legal Education and Action Fund |
| 2014-04-14 | Respondent's condensed book - cross appeal, (Book Form), Submitted in Court (14 copies) | Attorney General of British Columbia |
| 2014-04-14 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Trial Lawyers Association of British Columbia |
| 2014-04-14 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Canadian Bar Association - British Columbia Branch |
| 2014-04-14 | Application for leave to cross-appeal, (Book Form), Orally at the hearing of the appeal, Completed on: 2014-04-14 | Attorney General of British Columbia |
| 2014-04-14 |
Hearing of the appeal, 2014-04-14, CJ LeB Abe Ro Cro Mo Ka Judgment reserved |
|
| 2014-04-11 |
Correspondence received from, Darrell W. Roberts, Q.C., re: Response to letter sent by the Court on April 9, 2014 |
Trial Lawyers Association of British Columbia |
| 2014-04-11 | Correspondence received from, Alain Préfontaine, re: response to the letter from Sharon Matthews, Q.C. in which she requests that paragraphs from the Attorney General of Canada's factum be struck | Attorney General of Canada |
| 2014-04-11 |
Correspondence received from, Sharon D. Matthews, Q.C.re: Reply to the response to letter sent by the Court |
Canadian Bar Association - British Columbia Branch |
| 2014-04-11 | Correspondence received from, Gareth Morley and Bryant Mackey re: response to letter sent by the Court | Attorney General of British Columbia |
| 2014-04-10 | Correspondence received from, Sharon D. Matthews re: requests that paragraphs from the Attorney General of Canada's factum be struck | Trial Lawyers Association of British Columbia |
| 2014-04-09 | Correspondence (sent by the Court) to, All parties | |
| 2014-04-08 | Supplemental document, supplemental authority, Completed on: 2014-04-08 | Attorney General of Canada |
| 2014-04-08 | Order on motion to extend time, (by ROTHSTEIN J.). | |
| 2014-04-08 |
Decision on motion to extend time, Ro, UPON APPLICATION by the David Asper Centre for Constitutional Rights for an order extending the time to serve their factum and book of authorities to April 4, 2014 and for permission to present oral argument at the hearing of the appeal pursuant to Rule 71(3); AND THE MATERIAL FILED having been read; AND FURTHER TO THE ORDER dated March 6, 2014, granting leave to intervene to the Advocates’ Society, the West Coast Women’s Legal Education and Action Fund and the David Asper Centre for Constitutional Rights; IT IS HEREBY ORDERED THAT: The motion of the David Asper Centre for Constitutional Rights is granted. IT IS HEREBY FURTHER ORDERED THAT: The said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2014-04-08 | Submission of motion to extend time, Ro | |
| 2014-04-07 | Notice of appearance, Sharon D. Matthews, Q.C., Melina Buckley and Michael Sobkin will be present. | Trial Lawyers Association of British Columbia |
| 2014-04-07 | Motion to extend time, (Book Form), to serve factum, Completed on: 2014-04-07, (Printed version filed on 2014-04-07) | David Asper Centre for Constitutional Rights |
| 2014-04-03 | Intervener's book of authorities, (Book Form), (2 VOLUMES), Completed on: 2014-04-03 | David Asper Centre for Constitutional Rights |
| 2014-04-03 | Intervener's factum, (Book Form), (motion for an extension of time to serve the factum has been requested) (rec'd 2014-04-07), Completed on: 2014-04-07 | David Asper Centre for Constitutional Rights |
| 2014-04-03 | Intervener's book of authorities, (Book Form), Completed on: 2014-04-03 | West Coast Women's Legal Education and Action Fund |
| 2014-04-03 | Intervener's factum, (Book Form), Completed on: 2014-04-03 | West Coast Women's Legal Education and Action Fund |
| 2014-04-03 | Correspondence received from, Karen Collins re: error in factum | Attorney General of British Columbia |
| 2014-04-03 | Intervener's book of authorities, (Book Form), Completed on: 2014-04-04, (Electronic version filed on 2014-04-03) | Advocates' Society |
| 2014-04-03 | Intervener's factum, (Book Form), Completed on: 2014-04-04, (Electronic version filed on 2014-04-03) | Advocates' Society |
| 2014-04-03 | Appeal perfected for hearing | |
| 2014-04-02 | Notice of appearance, Alain Prefontaine will be present | Attorney General of Canada |
| 2014-03-31 | Respondent's book of authorities, (Book Form), 2 volumes, Completed on: 2014-03-31 | Attorney General of British Columbia |
| 2014-03-31 | Respondent's factum, (Book Form), amended page 40 rec'd 2014-04-03, Completed on: 2014-03-31, (Electronic version filed on 2014-03-31) | Attorney General of British Columbia |
| 2014-03-31 | Intervener's book of authorities, (Book Form), Completed on: 2014-03-31, (Electronic version filed on 2014-03-31) | Attorney General of Alberta |
| 2014-03-31 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2014-03-31, (Electronic version filed on 2014-03-31) | Attorney General of Alberta |
| 2014-03-31 | Intervener's book of authorities, (Book Form), Completed on: 2014-03-31, (Electronic version filed on 2014-03-31) | Attorney General of Ontario |
| 2014-03-31 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2014-03-31, (Electronic version filed on 2014-03-31) | Attorney General of Ontario |
| 2014-03-31 | Intervener's book of authorities, (Book Form), Completed on: 2014-03-31, (Electronic version filed on 2014-03-31) | Attorney General of Canada |
| 2014-03-31 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2014-03-31, (Electronic version filed on 2014-03-31) | Attorney General of Canada |
| 2014-03-28 | Notice of appearance, Paul Schabas and Cheryl Milne will be present at the hearing. | David Asper Centre for Constitutional Rights |
| 2014-03-28 | Intervener's book of authorities, Completed on: 2014-03-28 | Attorney General of Quebec |
| 2014-03-28 | Intervener's factum - AG on constitutional question, Completed on: 2014-03-28 | Attorney General of Quebec |
| 2014-03-28 | Notice of appearance, (Letter Form), Mr. Darrell W. Roberts, Q.C. and Ms. Chantelle M. Rajotte will be present at the hearing. Mr. Roberts will present oral arguments for 30 minutes. | Trial Lawyers Association of British Columbia |
| 2014-03-27 | Notice of appearance, Francesca V. Marzari and Kasari Govender will present at the hearing. | West Coast Women's Legal Education and Action Fund |
| 2014-03-27 | Correspondence received from, 2 reserved seats requested | Attorney General of Ontario |
| 2014-03-20 | Notice of appearance, Bryant A. Mackey and J. Gareth Morley will be present at the hearing. | Attorney General of British Columbia |
| 2014-03-17 | Notice of appearance, Rochelle Fox and Padraic Ryan will be present at the hearing. | Attorney General of Ontario |
| 2014-03-14 | Correspondence received from, 3 reserved seats requested | Advocates' Society |
| 2014-03-14 | Notice of appearance, Joseph Arvay, Kelly Jordan and Tim Dickson will be present at the hearing. | Advocates' Society |
| 2014-03-14 | Notice of appearance, Alain Gingras and Dana Pescarus will be appearing and Me Gingras will make oral submission. | Attorney General of Quebec |
| 2014-03-12 | Correspondence received from, 2 reserved seats requested | Attorney General of Alberta |
| 2014-03-12 | Notice of appearance, Donald Padget will be present at the hearing. | Attorney General of Alberta |
| 2014-03-07 | Notice of hearing sent to parties | |
| 2014-03-06 | Order on motion for leave to intervene, (by MOLDAVER J.) | |
| 2014-03-06 |
Decision on the motion for leave to intervene, Mo, UPON APPLICATIONS by the Advocates’ Society, Pro Bono Law Ontario, the David Asper Centre for Constitutional Rights, the West Coast Women’s Legal Education and Action Fund and the Coalition of BC Businesses 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 Advocates’ Society, the David Asper Centre for Constitutional Rights and the West Coast Women’s Legal Education and Action Fund are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before April 3, 2014. The motions for leave to intervene of Pro Bono Law Ontario and the Coalition of BC Businesses are 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 are not 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 appellants and respondent any additional disbursements occasioned to the appellants and respondent by their interventions. Allowed in part |
|
| 2014-03-06 | Submission of motion for leave to intervene, Mo | |
| 2014-03-04 |
Appeal hearing scheduled, 2014-04-14, (previously tentatively scheduled for May 13, 2014) Judgment reserved |
|
| 2014-02-28 | Response to the motion for leave to intervene, (Letter Form), Response to all the motions to intervene, Completed on: 2014-02-28, (Electronic version filed on 2014-02-28) | Attorney General of British Columbia |
| 2014-02-28 | Response to the motion for leave to intervene, Response to all motions for intervention, Completed on: 2014-02-28, (Electronic version filed on 2014-02-28) | Canadian Bar Association - British Columbia Branch |
| 2014-02-26 | Response to the motion for leave to intervene, (Letter Form), Response to all motions to intervene, Completed on: 2014-02-26, (Printed version filed on 2014-02-26) | Trial Lawyers Association of British Columbia |
| 2014-02-25 | Response to the motion for leave to intervene, of West Coast Leaf, Completed on: 2014-02-25 | Attorney General of Canada |
| 2014-02-25 | Response to the motion for leave to intervene, (Letter Form), of Coalition of BC Businesses, Completed on: 2014-02-25 | Attorney General of Canada |
| 2014-02-25 | Motion for leave to intervene, (Book Form), Completed on: 2014-02-25, (Printed version filed on 2014-02-25) | Coalition of BC Businesses |
| 2014-02-25 | Motion for leave to intervene, (Book Form), Completed on: 2014-02-25, (Printed version filed on 2014-02-25) | West Coast Women's Legal Education and Action Fund |
| 2014-02-25 | Notice of name, (Letter Form) | David Asper Centre for Constitutional Rights |
| 2014-02-25 | Motion for leave to intervene, (Book Form), fees to come (rec'd), Completed on: 2014-03-04, (Electronic version filed on 2014-02-25) | David Asper Centre for Constitutional Rights |
| 2014-02-24 | Motion for leave to intervene, (Book Form), fees to come - rec'd 02-27-2014, Completed on: 2014-02-27, (Printed version filed on 2014-02-27) | Pro Bono Law Ontario |
| 2014-02-21 | Motion for leave to intervene, Completed on: 2014-02-21, (Electronic version filed on 2014-02-21) | Advocates' Society |
| 2014-02-10 | Appellant's book of authorities, (Book Form), 2 Volumes, JOINT APPELLANTS' BOOK OF AUTHORITIES, Completed on: 2014-02-10 | Trial Lawyers Association of British Columbia |
| 2014-02-10 | Appellant's factum, (Book Form), Completed on: 2014-02-10 | Canadian Bar Association - British Columbia Branch |
| 2014-02-10 | Certificate of counsel (attesting to record), (Letter Form) | Canadian Bar Association - British Columbia Branch |
| 2014-02-10 | Certificate of counsel (attesting to record), (Letter Form) | Trial Lawyers Association of British Columbia |
| 2014-02-07 | Appellant's record, (Book Form), 8 Volumes, JOINT APPELLANTS' RECORD, Completed on: 2014-02-07 | Trial Lawyers Association of British Columbia |
| 2014-02-07 | Appellant's factum, (Book Form), Completed on: 2014-02-07 | Trial Lawyers Association of British Columbia |
| 2014-01-20 | Correspondence received from, Pierre Landry rec'd by fax re: Dana Pescarus will be co-counsel for AGQ | Attorney General of Quebec |
| 2014-01-20 | Order on motion to extend time | |
| 2014-01-20 |
Decision on motion to extend time, to serve and file the notice of intervention respecting constitutional questions to December 17, 2013, Reg Granted |
|
| 2014-01-20 | Submission of motion to extend time, Reg | |
| 2014-01-06 | Response to motion to extend time, Completed on: 2014-01-06 | Attorney General of British Columbia |
| 2014-01-06 | Motion to extend time, to serve and file the Notice of Intervention on constitutional questions, Completed on: 2014-01-06, (Electronic version filed on 2014-01-06) | Attorney General of Alberta |
| 2013-12-17 | Notice of intervention respecting a constitutional question, (motion for extension of time requested-filed January 6, 2014) | Attorney General of Alberta |
| 2013-12-16 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 2013-12-16 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2013-12-16 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2013-11-25 | Notice of appearance, Ms. Leah Greathead will be appearing | Attorney General of British Columbia |
| 2013-11-20 | Notice of constitutional question(s), Attorney General of New-Brunswick, Attorney General of the Northwest Territories and Attorney General of Nunavut served on November 19, 2013. All other AG's served on November 18, 2013 | Trial Lawyers Association of British Columbia |
| 2013-11-15 | Order on motion to state a constitutional question, (by THE CHIEF JUSTICE) | |
| 2013-11-15 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant, Trial Lawyers Association of British Columbia, 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. Are the hearing fees set out in paragraph 14 of Appendix C, Schedule 1 (B.C. Reg. 10/96, as amended) and the hearing fees set out in paragraphs 9 and 10 of Appendix C, Schedule 1 (B.C.Reg. 168/2009, as amended), unconstitutional on the basis that they infringe a right of access to justice and thereby offend the rule of law? Any attorney general who intervenes pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall pay the appellants and respondent the costs of any additional disbursements they incur as a result of the intervention. IT IS HEREBY FURTHER ORDERED THAT: 1. The appellants’ records, factums and books of authorities shall be served and filed on or before February 11, 2014. 2. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before February 25, 2014. 3. The appellants and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before February 28, 2014. 4. Replies to the responses, if any, to the motions for leave to intervene shall be served and filed on or before March 3, 2014. 5. The respondent’s record, factum and book of authorities shall be served and filed on or before March 31, 2014. 6. Any attorney general wishing to intervene pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities no later than March 31, 2014. Granted |
|
| 2013-11-15 | Submission of motion to state a constitutional question, CJ | |
| 2013-11-14 | Correspondence received from, Sharon D. Matthews, Q.C. by fax, re: all parties have agreed to change the hearing date to April 14, 2014 | Canadian Bar Association - British Columbia Branch |
| 2013-10-28 | Order on motion to add or substitute parties, (by WAGNER J.) | |
| 2013-10-28 |
Decision on motion to add or substitute parties, Wa, UPON APPLICATION by the Canadian Bar Association – British Columbia Branch for an order to be added as an Appellant Party to the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2013-10-28 | Submission of motion to add or substitute parties, Wa | |
| 2013-10-23 | Reply to the motion to state a constitutional question, (proof of service received October 24, 2013), Completed on: 2013-10-23 | Trial Lawyers Association of British Columbia |
| 2013-10-18 | Response to the motion to state a constitutional question, Completed on: 2013-10-18 | Attorney General of British Columbia |
| 2013-10-17 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2013-10-16 | Response to motion to add or substitute parties, (Letter Form), from Bryant Mackey dated 2013-10-16, Completed on: 2013-10-16 | Attorney General of British Columbia |
| 2013-10-11 | Response to motion to add or substitute parties, included in the motion, Completed on: 2013-10-11 | Trial Lawyers Association of British Columbia |
| 2013-10-11 | Motion to add or substitute parties, (Book Form), as an Appellant in the appeal, Completed on: 2013-10-11 | Canadian Bar Association - British Columbia Branch |
| 2013-10-08 | Motion to state a constitutional question, Completed on: 2013-10-08 | Trial Lawyers Association of British Columbia |
| 2013-10-08 | Notice of appeal, Completed on: 2013-10-08 | Trial Lawyers Association of British Columbia |
| 2013-09-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-09-13 | Judgment on leave sent to the parties | |
| 2013-09-12 |
Judgment of the Court on the application for leave to appeal, The motion to add the Trial Lawyers Association of British Columbia as a party is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA039971, 2013 BCCA 65, dated February 15, 2013, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2013-09-12 |
Decision on the miscellaneous motion, see decision on Leave Application Granted |
|
| 2013-07-29 | All materials on application for leave submitted to the Judges, CJ Abe Cro | |
| 2013-07-29 | Submission of miscellaneous motion, CJ Abe Cro | |
| 2013-05-17 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2013-05-17 | Trial Lawyers Association of British Columbia |
| 2013-05-10 | Respondent's response on the application for leave to appeal, (Book Form), Form 25B missing (rec'd May 15/13), Completed on: 2013-05-15 | Attorney General of British Columbia |
| 2013-05-08 | Intervener's memorandum of argument on application for leave, (Book Form), Completed on: 2013-05-08 | Canadian Bar Association - British Columbia Branch |
| 2013-04-15 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-04-10 | Book of authorities, (Book Form) | Trial Lawyers Association of British Columbia |
| 2013-04-10 | Notice of miscellaneous motion, (Book Form), to be granted public interest standing, included in the application, Completed on: 2013-04-10 | Trial Lawyers Association of British Columbia |
| 2013-04-10 | Application for leave to appeal, (Book Form), Final CA order filed on April 15, 2013, Completed on: 2013-04-10 | Trial Lawyers Association of British Columbia |
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
| Name | Role | Status |
|---|---|---|
| Trial Lawyers Association of British Columbia | Appellant | Active |
| Canadian Bar Association - British Columbia Branch | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Advocates' Society | Intervener | Active |
| West Coast Women's Legal Education and Action Fund | Intervener | Active |
| David Asper Centre for Constitutional Rights | Intervener | Active |
Counsel
Party: Trial Lawyers Association of British Columbia
Counsel
Darrell W. Roberts, Q.C.
Chantelle Rajotte
Chantelle Rajotte
Miller Thomson LLP
1000 - 840 Howe Street
Robson Court
Vancouver, British Columbia
V6Z 2M1
Telephone: (604) 643-1280
FAX: (604) 643-1200
Email: droberts@millerthomson.ca
1000 - 840 Howe Street
Robson Court
Vancouver, British Columbia
V6Z 2M1
Telephone: (604) 643-1280
FAX: (604) 643-1200
Email: droberts@millerthomson.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Canadian Bar Association - British Columbia Branch
Counsel
Sharon Matthews, Q.C.
Camp Fiorante Matthews Mogerman
400 - 856 Homer Street
Vancouver, British Columbia
V6B 2W5
Telephone: (604) 689-7555
FAX: (604) 689-7554
400 - 856 Homer Street
Vancouver, British Columbia
V6B 2W5
Telephone: (604) 689-7555
FAX: (604) 689-7554
Agent
Michael J. Sobkin
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Attorney General of British Columbia
Counsel
Bryant Mackey
Leah Greathead
J. Gareth Morley
Leah Greathead
J. Gareth Morley
Attorney General of British Columbia
P.O. Box 9280
Stn Prov. Govt.
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8890
FAX: (250) 356-9154
P.O. Box 9280
Stn Prov. Govt.
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8890
FAX: (250) 356-9154
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: West Coast Women's Legal Education and Action Fund
Counsel
Francesca V. Marzari
Kasari Govender
Kasari Govender
Young, Anderson
1616 - 808 Nelson Street
P.O. Box 12147, Nelson Square
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 689-7400
FAX: (604) 689-3444
Email: marzari@younganderson.ca
1616 - 808 Nelson Street
P.O. Box 12147, Nelson Square
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 689-7400
FAX: (604) 689-3444
Email: marzari@younganderson.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Attorney General of Canada
Counsel
Alain Prefontaine
Attorney General of Canada
234 Wellington Street, East Tower
Room 1101
Ottawa, Ontario
K1A 0H8
Telephone: (613) 946-3815
234 Wellington Street, East Tower
Room 1101
Ottawa, Ontario
K1A 0H8
Telephone: (613) 946-3815
Agent
Christopher M. Rupar
Attorney General of Canada
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Attorney General of Ontario
Counsel
Shannon Chase
Sara Weinrib
Rochelle Fox
Padraic Ryan
Sara Weinrib
Rochelle Fox
Padraic Ryan
Attorney General of Ontario
10th - 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4471
FAX: (416) 326-4015
10th - 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4471
FAX: (416) 326-4015
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Quebec
Counsel
Alain Gingras
Dana Pescarus
Dana Pescarus
Procureur général du Québec
1200, route de l'Église
2e étage
Ste-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: agingras@justice.gouv.qc.ca
1200, route de l'Église
2e étage
Ste-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: agingras@justice.gouv.qc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Attorney General of Alberta
Counsel
Donald Padget
Attorney General of Alberta
9833-109 Street
412 Bowker Building
Edmonton, Alberta
T5K 2E8
Telephone: (780) 427-0842
FAX: (780) 425-0307
Email: Donald.Padget@gov.ab.ca
9833-109 Street
412 Bowker Building
Edmonton, Alberta
T5K 2E8
Telephone: (780) 427-0842
FAX: (780) 425-0307
Email: Donald.Padget@gov.ab.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Advocates' Society
Counsel
Joseph J. Arvay, Q.C.
Tim Dickson
Kelly D. Jordan
Tim Dickson
Kelly D. Jordan
Farris, Vaughan, Wills & Murphy LLP
25th Floor
700 West Georgia Street
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 684-9151
FAX: (604) 661-9349
Email: jarvay@farris.com
25th Floor
700 West Georgia Street
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 684-9151
FAX: (604) 661-9349
Email: jarvay@farris.com
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: David Asper Centre for Constitutional Rights
Counsel
Cheryl Milne
Paul Schabas
Paul Schabas
University of Toronto
39 Queen's Park Cres. East
Toronto, Ontario
M5S 2C3
Telephone: (416) 978-0092
FAX: (416) 978-8894
Email: cheryl.milne@utoronto.ca
39 Queen's Park Cres. East
Toronto, Ontario
M5S 2C3
Telephone: (416) 978-0092
FAX: (416) 978-8894
Email: cheryl.milne@utoronto.ca
Agent
Nancy K. Brooks
Blake, Cassels & Graydon LLP
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Summary
Keywords
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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.
Charter of Rights - Constitutional law - Access to justice - Plaintiff in civil domestic trial applying to be relieved of obligation of paying hearing fees after 10 day trial - Constitutional validity of rule imposing hearing fees attacked - Whether hearing fees charged by a province for civil trials in a s. 96 court are unconstitutional as an impediment to access to justice - Whether unconstitutionality may be relieved by an enlarged reading of an indigency exemption - Whether, in the context of British Columbia (Attorney General) v. Christie, [2007] 1 S.C.R. 873, hearing fees are one of the conditions a province may impose on how and when people have a right to access the courts - Are the hearing fees set out in paragraph 14, Appendix C, Schedule 1 (B.C. Reg. 10/96, as amended) and the hearing fees set out in paragraphs 9 and 10 of Appendix C, Schedule 1 (B.C.Reg. 168/2009, as amended) unconstitutional on the basis that they infringe a right of access to justice and thereby offend the rule of law?
In 2009, Ms. Vilardell was involved in a 10 day family law trial with her former common law spouse concerning, inter alia, custody and mobility rights. Prior to trial, she applied for an order relieving her from government-imposed court hearing fees on the basis that she was woman of modest means seeking greater custody of her daughter, and that the imposition of hearing fees created an unreasonable barrier to access to justice. The Rules also provided for an exemption from payment of fees for the indigent. Her fees totalled $3,600. At the end of the trial, her application was stayed in order to facilitate intervention by the Canadian Bar Association - British Columbia Branch, the Attorney General of British Columbia, the Trial Lawyers Association of British Columbia and the West Coast Women’s Legal Education and Action Fund. The statement of claim was revised to include a challenge to the constitutionality of the hearing fees. A declaration was sought that the fee infringed a right of access to justice contrary to the rule of law and the Canadian Constitution, breached s. 96 of the Constitution Act, 1867, and ss. 7 and 28 of the Charter.
Lower court rulings
May 22, 2012
Supreme Court of British Columbia
E081953, 2012 BCSC 748
Supreme Court of British Columbia
E081953, 2012 BCSC 748
Order striking down British Columbia rule imposing hearing fees
February 15, 2013
Court of Appeal for British Columbia (Vancouver)
2013 BCCA 65, CA039971
Court of Appeal for British Columbia (Vancouver)
2013 BCCA 65, CA039971
Attorney General’s appeal allowed; Words read into exemption provision to permit plaintiff to be relieved of the obligation to pay hearing fees
Memorandums of argument on application for leave to appeal
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Date modified: 2025-02-27