The Federal Court today set June 26th as the hearing date for the judicial review of Tribunal decision 2011 CHRT 10, the Vilven-Kelly BFOR decision. The hearing will be held in Ottawa.Raymond Hall wrote:The Notices of Application for Judicial Review of the Tribunal's July 8th decision were filed in the Federal Court today, one Notice in respect of each applicant, George Vilven and Neil Kelly.
BFOR
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Raymond Hall
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Re: BFOR
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777longhaul
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Raymond Hall
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Re: BFOR
The hearing will be held in the East Courtroom on the main floor of the Supreme Court of Canada building, before Justice Rennie. It is open to the public.
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Raymond Hall
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Re: BFOR
The hearing has not yet been held. It is scheduled for this coming Tuesday, the 26th.DaveP wrote:Hi Ray, Any summary available yet? How did it go? Thanks!
Dave.
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Raymond Hall
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Re: BFOR
The hearing was cut short today by reason of some issues outside of our litigation. The Court advised us late Monday that the judge hearing the case was not able to sit beyond 1:30 PM today. Consequently, the hearing has been extended to finish tomorrow, Wednesday.
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Raymond Hall
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Re: BFOR
The hearing finished yesterday, Wednesday, around 2 PM with the judge reserving his decision. Decisions in the Federal Court usually take about two months to render, depending on the complexity of the issues, although after my last judicial review hearing before a Federal Court judge (May 1st), I received the decision exactly two weeks to the day later.
I will likely post some of the details regarding the issues before the Court on the Fly Past 60 website tomorrow, at the earliest, but I will not be making any comments in the form of speculation about the likely outcome of any of the hotly contested issues or the decision itself.
I will likely post some of the details regarding the issues before the Court on the Fly Past 60 website tomorrow, at the earliest, but I will not be making any comments in the form of speculation about the likely outcome of any of the hotly contested issues or the decision itself.
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Raymond Hall
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Re: BFOR
Seven page update on the BFOR hearing posted today:
http://www.flypast60.com/Documents/BFOR-JR.pdf
Note added July 7th:
How soon may we expect the Court's decision? Based on the statistics of this particular Judge's last six months of hearings and decisions, sooner, rather than later, I would think. Court records show that since February 1st he has rendered 39 decisions, almost all of which are judicial reviews. That is an amazing number in such a short time-frame, from my experience with the Courts and Tribunals.
What is more interesting is that the average number of days from the date of his hearings to the date of release of his decisions is 25 days, with the median being 21 days, the shortest being 1 day and the maximum being 93 days. If his work on our decision is consistent with his past six months' work on the other decisions, the BFOR JR decision will likely be released on or before July 15th.
Justice Rennie was, until his appointment to the Bench in October, 2010, the former Assistant Deputy General, Department of Justice (litigation). At the DoJ he was Chair of the National Litigation Committee and Co-Chair of the Supreme Court of Canada Committee. Since 1988 has been a co-author of Federal Court Practice, the annual publication (textbook) that summarizes and updates all of the case law and judicial interpretations of the Federal Court Rules and statutes that is the "Bible" of the Federal Court and the Federal Court of Appeal for all lawyers, judges and clerks that work or practice in the Federal Courts.
On June 1st of this year, he was appointed as the Chair of the federal Competition Tribunal.
http://www.flypast60.com/Documents/BFOR-JR.pdf
Note added July 7th:
How soon may we expect the Court's decision? Based on the statistics of this particular Judge's last six months of hearings and decisions, sooner, rather than later, I would think. Court records show that since February 1st he has rendered 39 decisions, almost all of which are judicial reviews. That is an amazing number in such a short time-frame, from my experience with the Courts and Tribunals.
What is more interesting is that the average number of days from the date of his hearings to the date of release of his decisions is 25 days, with the median being 21 days, the shortest being 1 day and the maximum being 93 days. If his work on our decision is consistent with his past six months' work on the other decisions, the BFOR JR decision will likely be released on or before July 15th.
Justice Rennie was, until his appointment to the Bench in October, 2010, the former Assistant Deputy General, Department of Justice (litigation). At the DoJ he was Chair of the National Litigation Committee and Co-Chair of the Supreme Court of Canada Committee. Since 1988 has been a co-author of Federal Court Practice, the annual publication (textbook) that summarizes and updates all of the case law and judicial interpretations of the Federal Court Rules and statutes that is the "Bible" of the Federal Court and the Federal Court of Appeal for all lawyers, judges and clerks that work or practice in the Federal Courts.
On June 1st of this year, he was appointed as the Chair of the federal Competition Tribunal.
