2023-03-09 - Memorandum To Counsel (Justice Coval Acknowledges Need To Correct Ruling of 28 February, 2023)

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THE SUPREME COURT THE LAW COURTS

OF BRITISH COLUMBIA 800 SMITHE STREET


VANCOUVER, B.C.
V6Z 2E1

MEMORANDUM TO COUNSEL / PARTIES

TO: William Gallagher


Manager, Supreme Court Scheduling – Civil

FROM: The Honourable Mr. Justice Coval

DATE: March 9, 2023

RE: Canadian Society for the Advancement of Science in Public Policy v. British
Columbia, [VA S2110229] [VA S224652] [VA S224731] [VA S222427]

By forwarding a copy of this memorandum to counsel, please advise counsel of the following:

Thank you for your letter of March 7, 2023 and my apologies for the need for
these corrections to my February 28, 2023 Reasons.

In my view, the following corrections are appropriate:

Paragraph 27 should add the words “submitted by the Tatlock and


CSASSP Petitioners…

Paragraph 92 should be corrected to “Counsel for the CSASSP


petitioners argue that Dr. Pelech’s affidavit….”

Paragraphs 96 and 98 should add the words “The impugned


portions of the affidavits…

In my view, the other proposed corrections are unnecessary. The parties can
specify the non-impugned/non-struck portions of the two affidavits in the order.

If any counsel see this approach as problematic and wish to have a case
management conference by MSTeams to discuss this, please advise by
March 17, 2023 (with suggested dates), and it will be arranged. If I don’t hear
from you by then, I will issue the corrections described above.

Also, I would like to have a case management conference, in late March or


early April, to discuss preparations and readiness for our hearings in
-2-

May. Could I ask you all to kindly arrange that please? MSTeams is fine with
me if that is your preference.
SC/si
“S.C.”
cc: P.A. Gall, K.C. – Via Email
P.H. Furtula
M. Nohra
J. Sebastiampillai
M.A. Shaw
K.A. Bastow
C.L. Le Beau
J. Gibson
A.C. Bjornson
C. Bant – Via Email

PLEASE DO NOT REPLY TO THIS EMAIL, instead reply to Supreme Court Scheduling
at sc.civil_va@BCcourts.ca if you have a response or any questions/concerns.

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