Case information
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35820
Attorney General of Alberta v. Joseph William Moloney
(Alberta) (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) |
|---|---|---|
| 2016-08-25 | Appeal closed | |
| 2016-08-25 | Correspondence (sent by the Court) to, the respondent. Cover letter regarding certificate of taxation signed August 25, 2016. | |
| 2016-08-25 | Certificate of taxation issued to, Mr. Madan Gakhar | |
| 2016-08-25 | Decision on the bill of costs, in the amount of $4,722.17, Reg | |
| 2016-08-25 | Submission of the bill of costs, Reg | |
| 2016-05-11 | Bill of costs, Proof of service- rec'd May 17, 2016. Filing fee missing and original copy missing - (rec'd June 9, 2016)., Completed on: 2016-06-09 | Joseph William Moloney |
| 2015-11-16 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-11-16 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-11-13 |
Judgment on the appeal rendered, CJ Abe Ro Cro Mo Ka Wa Ga Côt, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1203-0293-AC, 2014 ABCA 68, dated February 13, 2014, heard on January 15, 2015, is dismissed with costs. The constitutional question is answered as follows: 1) Is s. 102(2) of Alberta Traffic Safety Act, R.S.A. 2000, c. T-6, constitutionally inoperative by reason of the doctrine of federal paramountcy? Answer: Yes, s. 102 of the Alberta Traffic Safety Act is inoperative to the extent that it is used to enforce a debt discharged in bankruptcy. Dismissed, with costs |
|
| 2015-01-29 | Transcript received, (122 pages) | |
| 2015-01-15 | Judgment reserved OR rendered with reasons to follow | |
| 2015-01-15 |
Hearing of the appeal, 2015-01-15, CJ Abe Ro Cro Mo Ka Wa Ga Côt Judgment reserved |
|
| 2015-01-15 | Respondent's condensed book, (Book Form), filed in court | Joseph William Moloney |
| 2015-01-15 | Appellant's condensed book, (Book Form), filed in court | Attorney General of Alberta |
| 2015-01-13 | Order on motion to extend time, (by GASCON J.) | |
| 2015-01-13 |
Decision on motion to extend time, Ga, UPON APPLICATION by the intervener, Attorney General of Québec, for an order extending the time to file its Factum and Book of Authorities to December 22, 2014, and for an order pursuant to Rule 71(3) permitting oral argument at the hearing of the appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2015-01-13 | Submission of motion to extend time, Ga | |
| 2015-01-13 | Appeal perfected for hearing | |
| 2015-01-12 |
Order by, Ga, FURTHER TO THE ORDER dated November 24, 2014, granting leave to intervene to the Superintendent of Bankruptcy in the above appeal; 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 |
|
| 2015-01-05 | Intervener's book of authorities, (Book Form), Completed on: 2015-01-05 | Superintendent of Bankruptcy |
| 2015-01-05 | Intervener's factum, (Book Form), Completed on: 2015-01-05 | Superintendent of Bankruptcy |
| 2015-01-05 | Notice of appearance, Mr. Richard M. Butler will be present at the hearing. | Attorney General of British Columbia |
| 2015-01-05 |
Notice of appearance, R. Jeremy Newton will be present at the hearing. 4 reserved seats requested |
Joseph William Moloney |
| 2014-12-22 | Response to motion to extend time, (Letter Form), Completed on: 2014-12-22 | Attorney General of Alberta |
| 2014-12-22 | Motion to extend time, (Letter Form), to file the Intervener's Factum and Book of Authorities, Completed on: 2014-12-22 | Attorney General of Quebec |
| 2014-12-22 | Intervener's book of authorities, (Book Form), Completed on: 2014-12-22 | Attorney General of Quebec |
| 2014-12-22 | Intervener's factum, (Book Form), Completed on: 2014-12-22 | Attorney General of Quebec |
| 2014-12-19 | Intervener's book of authorities, (Book Form), Joint with 35696, Completed on: 2014-12-19 | Attorney General of British Columbia |
| 2014-12-19 | Intervener's factum, (Book Form), Joint with 35696 (CD to come - rec'd Jan.7/2015), Completed on: 2015-01-07, (Electronic version filed on 2015-01-07) | Attorney General of British Columbia |
| 2014-12-19 | Intervener's factum, (Book Form), Joint with 35696, Completed on: 2014-12-19 | Attorney General for Saskatchewan |
| 2014-12-18 | Intervener's book of authorities, (Book Form), Completed on: 2014-12-18 | Attorney General of Ontario |
| 2014-12-18 | Intervener's factum, (Book Form), Completed on: 2014-12-18 | Attorney General of Ontario |
| 2014-12-12 | Respondent's book of authorities, Completed on: 2014-12-12 | Joseph William Moloney |
| 2014-12-12 | Respondent's factum, Completed on: 2014-12-12 | Joseph William Moloney |
| 2014-12-10 | Notice of appearance, Thomson Irvine will be present at the hearing. | Attorney General for Saskatchewan |
| 2014-12-04 | Notice of appearance, Lillian Riczu and Randy Steele will be present at the hearing. | Attorney General of Alberta |
| 2014-12-04 | Notice of appearance, Peter Southey and Michael Lema will be present at the hearing. | Superintendent of Bankruptcy |
| 2014-12-04 | Correspondence received from, 6 reserved seats requested | Superintendent of Bankruptcy |
| 2014-12-04 | Notice of appearance, Josh Hunter and Daniel Huffaker will be present at the hearing. | Attorney General of Ontario |
| 2014-12-02 | Notice of hearing sent to parties | |
| 2014-12-02 |
Appeal hearing scheduled, 2015-01-15 Judgment reserved |
|
| 2014-11-24 | Order on motion for leave to intervene, (by GASCON J.) | |
| 2014-11-24 |
Decision on the motion for leave to intervene, Ga, UPON APPLICATIONS by the Superintendent of Bankruptcy and the Canadian Association of Insolvency and Restructuring Professionals for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the Superintendent of Bankruptcy is granted and the said intervener shall be entitled to serve and file a single factum not exceeding 20 pages in length on or before January 5, 2015. The motion for leave to intervene of the Canadian Association of Insolvency and Restructuring Professionals is dismissed. 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 is 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 intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention. Allowed in part |
|
| 2014-11-24 | Submission of motion for leave to intervene, Ga | |
| 2014-11-18 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2014-11-18, (Printed version filed on 2014-11-18) | Canadian Association of Insolvency and Restructuring Professionals |
| 2014-11-17 | Notice of appearance, (Letter Form), Alain Gingras will be appearing | Attorney General of Quebec |
| 2014-11-14 | Response to the motion for leave to intervene, (Letter Form), Consent to Superintendent of Bankruptcy, Completed on: 2014-11-14 | Attorney General of Alberta |
| 2014-11-14 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2014-11-14 | Attorney General of Alberta |
| 2014-11-12 | Response to the motion for leave to intervene, (Letter Form), AG BC , Completed on: 2014-11-12 | Attorney General of British Columbia |
| 2014-11-10 | Certificate (on limitations to public access), (Book Form) | Canadian Association of Insolvency and Restructuring Professionals |
| 2014-11-10 | Notice of name, (Book Form) | Canadian Association of Insolvency and Restructuring Professionals |
| 2014-11-10 | Motion for leave to intervene, (Book Form), Completed on: 2014-11-10, (Electronic version filed on 2014-11-10) | Canadian Association of Insolvency and Restructuring Professionals |
| 2014-11-07 | Correspondence received from, Notice of agent representing two opposing parties | Attorney General of Alberta |
| 2014-11-07 | Correspondence received from, Attorney General of Québec, re.: counsel will be Alain Gingras and the Agent will be Pierre Landry | Attorney General of Quebec |
| 2014-11-06 | Motion for leave to intervene, (Book Form), Completed on: 2014-11-06, (Electronic version filed on 2014-11-06) | Superintendent of Bankruptcy |
| 2014-10-17 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2014-10-17) | Attorney General of Alberta |
| 2014-10-17 | Appellant's book of authorities, (Book Form), Completed on: 2014-10-23, (Electronic version filed on 2014-10-17) | Attorney General of Alberta |
| 2014-10-17 | Appellant's factum, (Book Form), Completed on: 2014-10-23, (Electronic version filed on 2014-10-17) | Attorney General of Alberta |
| 2014-10-17 | Appellant's record, (Book Form), Completed on: 2014-10-23, (Electronic version filed on 2014-10-17) | Attorney General of Alberta |
| 2014-09-26 | Notice of intervention respecting a constitutional question | Attorney General for Saskatchewan |
| 2014-09-19 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 2014-09-15 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2014-09-12 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2014-08-29 | Notice of constitutional question(s), All Attorneys General served on August 28, 2014 | Attorney General of Alberta |
| 2014-08-29 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2014-08-26 | Order on motion to state a constitutional question, (by the CHIEF JUSTICE) | |
| 2014-08-26 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant for an order stating a constitutional question in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTION BE STATED AS FOLLOWS: 1. Is s. 102(2) of Alberta Traffic Safety Act, R.S.A. 2000, c.T-6, constitutionally inoperative by reason of the doctrine of federal paramountcy? Any attorney general who intervenes pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall pay the appellant and respondent the costs of any additional disbursements they incur as a result of the intervention. IT IS HEREBY FURTHER ORDERED THAT: 1. The appellant’s record, factum and book of authorities shall be served and filed on or before October 20, 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 November 10, 2014. 3. The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before November 17, 2014. 4. Replies to any responses to the motions for leave to intervene shall be served and filed on or before November 19, 2014. 5. The respondent’s record, factum and book of authorities shall be served and filed on or before December 15, 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 on or before December 19, 2014. Granted |
|
| 2014-08-26 | Submission of motion to state a constitutional question, CJ | |
| 2014-07-31 | Motion to state a constitutional question, (Letter Form), Completed on: 2014-07-31 | Attorney General of Alberta |
| 2014-07-31 | Notice of appeal, (Letter Form), Completed on: 2014-07-31 | Attorney General of Alberta |
| 2014-06-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-06-13 | Judgment on leave sent to the parties | |
| 2014-06-12 |
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 of Alberta (Edmonton), Number 1203-0293-AC, 2014 ABCA 68, dated February 13, 2014, is granted without costs. Granted, without costs |
|
| 2014-05-20 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2014-05-09 | Book of authorities, (Book Form), Proof of service missing. Received., (Printed version filed on 2014-05-12) | Joseph William Moloney |
| 2014-05-09 | Certificate (on limitations to public access), (Book Form), (Included in the respondent's response on the application for leave to appeal), Proof of service missing. Received., (Printed version filed on 2014-05-12) | Joseph William Moloney |
| 2014-05-09 | Respondent's response on the application for leave to appeal, (Book Form), Proof of service missing. Received., Completed on: 2014-05-16, (Printed version filed on 2014-05-12) | Joseph William Moloney |
| 2014-04-14 | Letter acknowledging receipt of a complete application for leave to appeal, File open 2014-04-14. | |
| 2014-04-10 | Correspondence received from, (Letter Form), Lillian Riczu, counsel for the Attorney General of Albert re : stating that issues are similar in SCC case 35696 - 407 ETR Concession Company Limited v. The Superintendent of Bankruptcy. | Attorney General of Alberta |
| 2014-04-10 | Book of authorities, (Book Form), Proof of service missing. Received. | Attorney General of Alberta |
| 2014-04-10 | Certificate (on limitations to public access), (Included in the application for leave to appeal), (Electronic version filed on 2014-04-10) | Attorney General of Alberta |
| 2014-04-10 | Application for leave to appeal, (Book Form), Proof of service to come. Received., Completed on: 2014-04-14, (Electronic version filed on 2014-04-10) | Attorney General of Alberta |
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 |
|---|---|---|
| Attorney General of Alberta | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Moloney, Joseph William | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Attorney General for Saskatchewan | Intervener | Active |
| Superintendent of Bankruptcy | Intervener | Active |
Counsel
Party: Attorney General of Alberta
Counsel
Randy Steele
4th floor, 9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-9114
FAX: (780) 425-0307
Email: lillian.riczu@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Moloney, Joseph William
Counsel
P.O. Box 40086
Canmore, Alberta
T1W 1P0
Telephone: (403) 678-2422
FAX: (403) 609-0415
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Superintendent of Bankruptcy
Counsel
Michael Lema
The Exchange Tower, Box 36
Suite 3400, 130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-2240
FAX: (416) 973-0809
Email: peter.southey@justice.gc.ca
Agent
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
Daniel Huffaker
720 Bay Street
4th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-3840
FAX: (416) 326-4015
Email: joshua.hunter@ontario.ca
Agent
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 British Columbia
Counsel
1001 Douglas Street, 6th floor
P.O. Box 9280 Station Provincial Government
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-6559
FAX: (250) 356-9154
Email: richard.butler@gov.bc.ca
Agent
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
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
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Attorney General for Saskatchewan
Counsel
1874 Scarth St - 8th Floor
PO Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-6307
FAX: (306) 787-9111
Email: Tom.irvine@gov.sk.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.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.
Constitutional Law - Federal paramountcy - Uninsured motorist responsible for motor vehicle accident in Alberta - Judgment against motorist for injuries caused to another person assigned to Administrator of Motor Vehicle Accident Claims - Motorist fails to satisfy judgment debt - Alberta’s Registrar of Motor Vehicles required to suspend registration of motor vehicle and operator’s license until motorist repays judgment debt or enters into agreement to pay in installments - Motorist granted absolute discharge from bankruptcy - Registrar refuses to end suspension of driving privileges - Whether s. 102(2) of the Traffic Safety Act conflicts operationally with the Bankruptcy and Insolvency Act or with its rehabilitative purpose and is constitutionally inoperative by reason of the doctrine of federal paramountcy
In 1989, Mr. Moloney was responsible for a motor vehicle accident in Alberta. He was uninsured. A party injured in the accident obtained default judgment against him and assigned the judgment to Alberta’s Administrator of Motor Vehicle Accident Claims. The Administrator became the judgment creditor. Mr. Moloney failed to satisfy the judgment debt. Pursuant to enforcement powers under s. 102(2) of the Traffic Safety Act, RSA 2000, c. T-6, Alberta’s Registrar of Motor Vehicles suspended registration of Mr. Moloney’s motor vehicle permit and his operator’s license. Mr. Moloney applied for bankruptcy and was granted an absolute discharge on June 17, 2011. Despite the discharge from bankruptcy, Mr. Moloney’s failure to satisfy the judgment debt or to enter an agreement to pay the debt in installments resulted in a mandatory revival of his disqualification from driving and suspension of his vehicle registration.
Lower court rulings
Court of Queen’s Bench of Alberta
0603 06317, 2012 ABQB 644
Traffic Safety Act, R.S.A. 2000, c. T-6, held to be in operational conflict with Bankruptcy and Insolvency Act, R.S.C. 1985, c. B.3; Declaratory relief granted to respondent; Suspensions of driving privileges for non-payment of discharged judgment debt stayed.
Court of Appeal of Alberta (Edmonton)
1203-0293-AC, 2014 ABCA 68
Appeal dismissed
Memorandums of argument on application for leave to appeal
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Factums on appeal
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