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SCC File No: in the SUPREME COURT of CANADA (ON APPEAL from the COURT of APPEAL for ONTARIO) B E T W E E N: DIANNA LOUISE PARSO

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SCC File No: in the SUPREME COURT of CANADA (ON APPEAL from the COURT of APPEAL for ONTARIO) B E T W E E N: DIANNA LOUISE PARSO SCC File No: IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO) B E T W E E N: DIANNA LOUISE PARSONS, MICHAEL HERBERT CRUICKSHANKS, DAVID TULL, MARTIN HENRY GRIFFEN, ANNA KARDISH, ELSIE KOTYK, Executrix of the Estate of HARRY KOTYK, deceased and ELSIE KOTYK, personally APPLICANTS (Respondents) -and- HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO RESPONDENT (Appellant) -and- THE CANADIAN RED CROSS SOCIETY and the ATTORNEY GENERAL OF CANADA RESPONDENTS (Respondents) Proceeding under the Class Proceedings Act, 1992 APPLICATION FOR LEAVE TO APPEAL and MOTION FOR EXTENSION OF TIME (DIANNA LOUISE PARSONS, MICHAEL HERBERT CRUICKSHANKS, DAVID TULL, MARTIN HENRY GRIFFEN, ANNA KARDISH, ELSIE KOTYK, Executrix of the Estate of Harry Kotyk, Deceased and ELSIE KOTYK, personally, et al., APPLICANTS) (Pursuant to s. 40 of the Supreme Court Act, R.S.C. 1985, c. S-26 and Rules 6 and 47 of the Rules of the Supreme Court of Canada) SUTTS, STROSBERG LLP SUPREME ADVOCACY LLP 600 Westcourt Place 340 Gilmour Street, Suite 100 251 Goyeau Street Ottawa, ON K2P 0R3 Windsor, ON N9A 6V4 Marie-France Major Harvey T. Strosberg, Q.C. Tel: (613) 695-8855 Tel: (519) 561.6216 Fax: (613) 695-8580 Fax: (519) 561.6203 Email: [email protected] Email: [email protected] Ottawa Agent for Counsel for the Applicants PAPE BARRISTERS Professional Corporation One Queen Street East Suite 1910, P.O. Box 69 Toronto, ON M5C 2W5 Paul J. Pape Shantona Chaudhury Tel.: (416) 364-8755 Fax: (416) 364-8855 Email: [email protected] [email protected] Co-Counsel for the Applicants SCC File No: IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO) B E T W E E N: DIANNA LOUISE PARSONS, MICHAEL HERBERT CRUICKSHANKS, DAVID TULL, MARTIN HENRY GRIFFEN, ANNA KARDISH, ELSIE KOTYK, Executrix of the Estate of HARRY KOTYK, deceased and ELSIE KOTYK, personally APPLICANTS (Respondents) -and- HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO RESPONDENT (Appellant) -and- THE CANADIAN RED CROSS SOCIETY and the ATTORNEY GENERAL OF CANADA RESPONDENTS (Respondents) -and- HER MAJESTY THE QUEEN IN RIGHT OF ALBERTA, HER MAJESTY THE QUEEN IN RIGHT OF SASKATCHEWAN, HER MAJESTY THE QUEEN IN RIGHT OF MANITOBA, HER MAJESTY THE QUEEN IN RIGHT OF NEW BRUNSWICK, HER MAJESTY THE QUEEN IN RIGHT OF PRINCE EDWARD ISLAND, HER MAJESTY THE QUEEN IN RIGHT OF NOVA SCOTIA, HER MAJESTY THE QUEEN IN RIGHT OF NEWFOUNDLAND AND LABRADOR, THE GOVERNMENT OF THE NORTHWEST TERRITORIES, THE GOVERNMENT OF NUNAVUT and THE GOVERNMENT OF THE YUKON TERRITORY INTERVENERS (Interveners) Proceeding under the Class Proceedings Act, 1992 AND B E T W E E N: JAMES KREPPNER, BARRY ISAAC, NORMAN LANDRY as Executor of the Estate of the late SERGE LANDRY, PETER FELSING, DONALD MILLIGAN, ALLAN GRUHLKE, JIM LOVE, and PAULINE FOURNIER as Executrix of the Estate of the late PIERRE FOURNIER APPLICANTS (Respondents) -and- HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO RESPONDENT (Appellant) -and- THE CANADIAN RED CROSS SOCIETY and the ATTORNEY GENERAL OF CANADA RESPONDENTS (Respondents) -and- HER MAJESTY THE QUEEN IN RIGHT OF ALBERTA, HER MAJESTY THE QUEEN IN RIGHT OF SASKATCHEWAN, HER MAJESTY THE QUEEN IN RIGHT OF MANITOBA, HER MAJESTY THE QUEEN IN RIGHT OF NEW BRUNSWICK, HER MAJESTY THE QUEEN IN RIGHT OF PRINCE EDWARD ISLAND, HER MAJESTY THE QUEEN IN RIGHT OF NOVA SCOTIA, HER MAJESTY THE QUEEN IN RIGHT OF NEWFOUNDLAND AND LABRADOR, THE GOVERNMENT OF THE NORTHWEST TERRITORIES, THE GOVERNMENT OF NUNAVUT and THE GOVERNMENT OF THE YUKON TERRITORY INTERVENERS (Interveners) Proceeding under the Class Proceedings Act, 1992 MINISTRY OF THE ATTORNEY BURKE-ROBERTSON GENERAL 441 MacLaren Street, Suite 200 Crown Law Office-Civil Law, 8th Flr. Ottawa, ON K2P 2H3 720 Bay St. Toronto, ON M7A 2S9 Robert E. Houston, Q.C. Tel.: (613) 236-9665 Malliha Wilson Fax: (613) 235-4430 Joshua Hunter Email: [email protected] Tel.: (416) 326-4008 Fax: (416) 326-4181 Ottawa Agent for Counsel for the Email: [email protected] Respondent, Attorney General of Ontario [email protected] Counsel for the Respondent, Attorney General of Ontario JUSTICE CANADA ATTORNEY GENERAL OF CANADA Civil Litigation Branch, East Memorial Bldg., Department of Justice Canada 284 Wellington St. 50 0’Connor Street, Suite 500, Room 556 Ottawa, ON K1A 0H8 Ottawa, ON K2P 6L2 Paul B. Vickery Christopher M. Rupar Matthew Sullivan Tel.: (613) 941-2351 Tel.: (613) 948-1483 Fax: (613) 954-1920 Fax: (613) 941-5879 Email: [email protected] Email: [email protected] Ottawa Agent for Counsel for the Counsel for the Respondent, Attorney Respondent, Attorney General of Canada General of Canada GOWLING LAFLEUR HENDERSON LLP GOWLING LAFLEUR HENDERSON LLP 1 First Canadian Place 2600 - 160 Elgin St 100 King Street West, Suite 1600 Ottawa, ON K1P 1C3 Toronto, ON M5X 1G5 D. Lynne Watt John E. Callaghan Tel.: (613) 786-8695 Alex Zavaglia Fax (613) 563-9869 Tel.: (416) 862-7525 Email: [email protected] Fax: (416) 862-7661 Email: [email protected] [email protected] Ottawa Agent for Counsel for the Respondent, Fund Counsel for Ontario Counsel for the Respondent, Fund Counsel for Ontario McCARTHY TÉTRAULT Suite 5300, TD Bank Tower Box 48, 66 Wellington Street West Toronto ON M5K 1E6 Caroline Zayid H. Michael Rosenberg Tel.: 416-362-1812 Fax: 416-868-0673 Email: [email protected] [email protected] Counsel for the Interveners, Her Majesty the Queen in right of Alberta, Her Majesty the Queen in right of Saskatchewan, Her Majesty the Queen in right of Manitoba, Her Majesty the Queen in right of New Brunswick, Her Majesty the Queen in right of Prince Edward Island, Her Majesty the Queen in right of Nova Scotia, Her Majesty the Queen in right of Newfoundland and Labrador, the Government of the Northwest Territories, the Government of Nunavut, the Government of the Yukon Territory TABLE OF CONTENTS TAB PAGE 1. Notice of Application for Leave to Appeal ......................................................................1 2. Motion for Extension of Time A. Notice of Motion for Extension of Time .................................................................6 B. Affidavit in Support of Andrea M. Bolieiro ..........................................................12 3. Judgments and Reasons Below A. Judgment of Ontario Superior Court of Justice, dated October 22, 1999 ..............40 B. Judgment of Ontario Superior Court of Justice, dated May 24, 2013 ...................79 C. Order of Ontario Superior Court of Justice, entered June 28, 2013 ....................104 D. Judgment of Court of Appeal for Ontario, March 13, 2015 ................................109 E. Order of Court of Appeal for Ontario, dated March 13, 2015 .............................187 4. Memorandum of Argument PART I – OVERVIEW OF ISSUES AND STATEMENT OF FACTS ....................191 I. Overview ..............................................................................................................191 II. Background ..........................................................................................................193 The Hepatitis C class action and the national settlement agreement ................... 193 The underlying claims deadline motions and the failed attempts to hold a joint hearing ............................................................................................................ 194 III. Decisions Below ....................................................................................................194 (i) The Supervisory Judges’ Decisions ......................................................................... 194 The Ontario Superior Court decision (Winkler C.J.O.) .......................................... 194 The B.C. Superior Court decision (Bauman C.J.S.C.) ............................................ 195 The Québec Superior Court decision (Rolland C.J.) .............................................. 196 (ii) The appeals and the late claims motion hearings .................................................... 197 (iii)The Court of Appeal decisions on the jurisdictional issue ...................................... 197 B.C. Court of Appeal ................................................................................................ 197 Ontario Court of Appeal .......................................................................................... 199 PART II – STATEMENT OF QUESTIONS IN ISSUE.............................................202 PART III – STATEMENT OF ARGUMENT.............................................................203 (i) Does the inherent jurisdiction of the superior court to control and regulate its own process allow superior judges to hold hearings outside their home provinces? ................................................................................................................. 203 ii (ii) Are the “inherent jurisdiction” and “core jurisdiction” of the s. 96 courts synonymous? ............................................................................................................ 204 (iii) Is the jurisdiction to hold an out-of-province hearing limited to ‘paper record’ motions? ....................................................................................................... 206 (iv) Does the open court principle require a video-link to the court’s home province? .................................................................................................................. 208 PART IV – SUBMISSIONS ON COSTS .....................................................................210
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