2015-06-30: Appeal hearing tentative date: January 12, 2016
Where an appeal to the Supreme Court of Canada raises a constitutional question (as in the Ernst vs AER lawsuit), the appellant is required to bring a Motion to State a Constitutional Question. It’s the court’s preference that constitutional questions be stated on a consent basis.
Ernst’s lawyers asked Glenn Solomon, counsel for the AER, if the regulator consented to the above questions. This was Solomon’s response:
“We will not be able to agree on a Constitutional Question, and you will have to bring an Application in that regard.”
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