Docket

33520

Attorney General of Canada, et al. v. Pritpal Singh Mavi, et al.

(Ontario) (Civil) (By Leave)

Proceedings
Date Proceeding Filed By
(if applicable)
2011-08-26 Appeal closed
2011-08-26 Discontinuance of motion for a re-hearing of the appeal Attorney General of Canada
2011-08-19 Correspondence received from, Urszula Kaczmarczyk dated Aug. 19/11 re reached tentative settlement of the costs issue Attorney General of Canada
2011-08-10 Motion for a re-hearing of the appeal, Vol. I & II, Completed on: 2011-08-10 Attorney General of Canada
2011-06-13 Formal judgment sent to the registrar of the court of appeal and all parties
2011-06-13 Judgment on appeal and notice of deposit of judgment sent to all parties
2011-06-10 Correspondence received from, Lisa Loader by fax, re.: request to add a name in judgment's reasons Pritpal Singh Mavi
2011-06-10 Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for Ontario, Number C49530, 2009 ONCA 794, dated November 12, 2009, heard on December 9, 2010, is allowed in part. The following declarations will issue:

(i) Canada and Ontario have a discretion under the IRPA and its Regulations to defer but not forgive debt after taking into account a sponsor’s submissions concerning the sponsor’s circumstances and those of his or her sponsored relatives.
(ii) Ontario did not improperly fetter its exercise of statutory discretion in adopting its policy. Its terms are consistent with the requirements of the statutory regime and met the legitimate procedural expectations of the respondent sponsors created by the text of their respective undertakings.
(iii) Canada and Ontario owe sponsors a duty of procedural fairness when enforcing sponsorship debt.
(iv) The content of this duty of procedural fairness include the following obligations: (a) to notify a sponsor at his or her last known address of the claim; (b) to afford the sponsor an opportunity within limited time to explain in writing his or her relevant personal and financial circumstances that are said to militate against immediate collection; (c) to consider any relevant circumstances brought to its attention keeping in mind that the undertakings were the essential conditions precedent to allowing the sponsored immigrant to enter Canada in the first place; (d) to notify the sponsor of the government’s decision; (e) without the need to provide reasons.
(v) The above requirements of procedural fairness were met in the cases of the eight respondent sponsors.
All parties will bear their own costs on the appeal and on the application for leave to appeal.

Allowed in part
2011-01-04 Transcript received, (84 pages)
2010-12-20 Order on miscellaneous motion, (BY REGISTRAR)
2010-12-20 Decision on miscellaneous motion, Reg, UPON APPLICATIONS by the interveners the Canadian Council for Refugees and the Metropolitan Action Committee on Violence against Women and Children for an order accepting their books of authorities as filed, namely without consecutive page numbering;
AND THE MATERIAL FILED having been read;
IT IS HEREBY FURTHER ORDERED THAT:
The motions are granted.
Granted
2010-12-20 Submission of miscellaneous motion, Reg
2010-12-09 Judgment reserved OR rendered with reasons to follow
2010-12-09 Intervener's condensed book, Submitted in Court (14 copies) South Asian Legal Clinic of Ontario
2010-12-09 Respondent's condensed book, Joint - Submitted in Court (14 copies) Pritpal Singh Mavi
2010-12-09 Appellant's condensed book, Submitted in Court (14 copies) Attorney General of Ontario
2010-12-09 Appellant's condensed book, Submitted in Court (14 copies) Attorney General of Canada
2010-12-09 Acknowledgement and consent for video taping of proceedings, From all parties
2010-12-09 Hearing of the appeal, 2010-12-09, CJ Bi LeB De F Abe Cha Ro Cro
Judgment reserved
2010-12-06 Correspondence received from, R.K. Agarwal by fax, re.: request for 3 seats at the hearing South Asian Legal Clinic of Ontario
2010-12-06 Notice of appearance, Robert Ratcliffe and Sara Blake will be present at the hearing. Attorney General of Ontario
2010-12-03 Correspondence received from, Lucas Lung dated December 3, 2010. Re: Response to the letter of December 2, 2010 Pritpal Singh Mavi
2010-12-03 Notice of appearance, Geraldine Sadoway will be present at the hearing. Metropolitan Action Committee on Violence against Women and Children
2010-12-02 Correspondence received from, Urszula Kaczmarczyk dated December 2, 2010. Re: filing a new authority which will be included in the condensed book Attorney General of Canada
2010-12-02 Order by, Ro, FURTHER TO THE ORDERS dated October 6 and October 22, 2010, granting leave to intervene to the South Asian Legal Clinic of Ontario, the Canadian Council for Refugees, the Metropolitan Action Committee on Violence against Women and Children and the Canadian Civil Liberties Association for leave to intervene in the above appeal;
IT IS HEREBY FURTHER ORDERED THAT the interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal.
Granted
2010-12-02 Order on motion for leave to intervene, (BY ROTHSTEIN J.)
2010-12-02 Decision on the motion for leave to intervene, Ro, UPON APPLICATION by the Ending Violence Association of BC for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
AND IT APPEARING that the arguments made by the proposed intervener largely parallel the arguments made by the respondents and interveners supporting the respondents;
AND IT APPEARING that the proposed intervener relies on information not presently in the record;
AND UPON the motion to intervene being made long after the deadline for interventions and only a little more than a week prior to the scheduled hearing;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time to apply for leave to intervene of the Ending Violence Association of BC is dismissed.
Dismissed
2010-12-02 Submission of motion for leave to intervene, Ro
2010-12-01 Notice of appearance, Chantal Tie, Carole Dahan and Aviva Basman will be present at the hearing. Canadian Council for Refugees
2010-12-01 Intervener's book of authorities, Completed on: 2010-12-01 Canadian Civil Liberties Association
2010-12-01 Intervener's factum, Completed on: 2010-12-01 Canadian Civil Liberties Association
2010-12-01 Intervener's book of authorities, (14 copies), Completed on: 2010-12-01 South Asian Legal Clinic of Ontario
2010-12-01 Intervener's factum, Completed on: 2010-12-01 South Asian Legal Clinic of Ontario
2010-12-01 Notice of appearance, Ranjan Agarwal and Daniel Holden will be present at the hearing. South Asian Legal Clinic of Ontario
2010-12-01 Correspondence received from, Lucas Lung dated December 1, 2010. Re: Response to the extra time for submissions Pritpal Singh Mavi
2010-12-01 Correspondence received from, Urszula Kaczmarczyk dated December 1, 2010. Re: More time on argument requested Attorney General of Canada
2010-12-01 Reply to the motion for leave to intervene, (Letter Form), from Kamaljit K. Lehal dated Dec. 1/10, Completed on: 2010-12-01 Ending Violence Association of BC
2010-12-01 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk dated Nov. 30/10, Completed on: 2010-12-01 Attorney General of Canada
2010-12-01 Correspondence received from, L. Loader by fax, re.: request for 3 reserved seats at the hearing Pritpal Singh Mavi
2010-12-01 Notice of miscellaneous motion, to accept the intervener's book of authorities as filed namely without the page number, Completed on: 2010-12-01 Metropolitan Action Committee on Violence against Women and Children
2010-11-29 Response to the motion for leave to intervene, email from Lucas E. Lung (and on behalf Mr. Waldman and Mr. Evans) dated Nov. 29/10, Completed on: 2010-11-29 Pritpal Singh Mavi
2010-11-29 Correspondence received from, (Letter Form), Chantal Tie dated Nov-29-10 re: amended page 2 of the motion to accept the Book of Authorities as filed. Canadian Council for Refugees
2010-11-29 Motion for leave to intervene, (joint with an extension of time) (bookform), Completed on: 2010-11-30 Ending Violence Association of BC
2010-11-25 Intervener's book of authorities, Completed on: 2010-11-25 Canadian Council for Refugees
2010-11-25 Correspondence received from, from Justice by fax, re.: request for 10 reserved seats at the hearing (7 seats allowed) Attorney General of Canada
2010-11-25 Intervener's factum, CD rec'd on Dec. 1, 2010, Completed on: 2010-12-02 Canadian Council for Refugees
2010-11-25 Notice of miscellaneous motion, to accept the Book of Authorities as filed. (filing fee rec'd Nov. 29/10) and draft order requested), Completed on: 2010-11-29 Canadian Council for Refugees
2010-11-25 Notice of appearance, Lorne Waldman and Jacqueline Swaisland will be present at the hearing. Nedzad Dzihic
2010-11-25 Notice of appearance, Hugh Evans will be present at the hearing. Rania El Murr
2010-11-24 Intervener's book of authorities, CD missing - Rec'd on Dec 2, 2010, Completed on: 2010-12-02 Metropolitan Action Committee on Violence against Women and Children
2010-11-24 Notice of appearance, Urszula Kaczmarczyk and Christine Mohr will be present at the hearing. Attorney General of Canada
2010-11-24 Notice of appearance, Lucas Lung and Lisa Loader will be appearing and Mr. Lung will present oral submission Pritpal Singh Mavi
2010-11-23 Correspondence received from, L.E. Joe by mail, re.: request for 3 reserved seats at the hearing Metropolitan Action Committee on Violence against Women and Children
2010-11-23 Notice of appearance, Guy Régimbald and Matthew Estabrooks will be present at the hearing. Canadian Civil Liberties Association
2010-11-19 Intervener's factum, CD missing - Rec'd on Dec. 2, 2010, Completed on: 2010-12-02 Metropolitan Action Committee on Violence against Women and Children
2010-10-25 Response to the motion for leave to intervene, (Letter Form), from Robert Ratcliffe dated Oct. 25/10, Completed on: 2010-10-25 Attorney General of Ontario
2010-10-22 Order on motion for leave to intervene, (By ROTHSTEIN J.)
2010-10-22 Decision on the motion for leave to intervene, Ro, UPON APPLICATION by the Canadian Civil Liberties Association for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time to apply for leave to intervene and for leave to intervene of the Canadian Civil Liberties Association is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before December 1, 2010.
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 shall not be 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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by its intervention.
Granted
2010-10-22 Submission of motion for leave to intervene, Ro
2010-10-21 Reply to the motion for leave to intervene, Completed on: 2010-10-21 Canadian Civil Liberties Association
2010-10-18 Response to the motion for leave to intervene, Completed on: 2010-10-18 Attorney General of Canada
2010-10-08 Respondent's book of authorities, Joint (2 volumes), Completed on: 2010-10-08 Pritpal Singh Mavi
2010-10-08 Respondent's record, Joint - 12 copies (2 volumes), Completed on: 2010-10-08 Pritpal Singh Mavi
2010-10-08 Respondent's factum, Joint - 25 copies, Completed on: 2010-10-08 Pritpal Singh Mavi
2010-10-08 Appeal perfected for hearing
2010-10-06 Motion for leave to intervene, (joint with an extension of time) (bookform), Completed on: 2010-10-06 Canadian Civil Liberties Association
2010-10-06 Letter sent to Intervener(s)
2010-10-06 Order on motion for leave to intervene, (BY ROTHSTEIN J.)
2010-10-06 Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the South Asian Legal Clinic of Ontario, the Canadian Council for Refugees and the Metropolitan Action Committee on Violence against Women and Children 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 by the South Asian Legal Clinic of Ontario is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length.
The motion for leave to intervene by the Canadian Council for Refugees is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length. The request to file affidavit evidence is denied.
The motion for leave to intervene by the Metropolitan Action Committee on Violence against Women and Children is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners shall not be 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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by their interventions.
Granted
2010-10-06 Submission of motion for leave to intervene, Ro
2010-10-01 Response to the motion for leave to intervene, (Letter Form), from Robert Ratcliffe dated Oct. 1/10 (by all interveners) (joint with consent to extension of time to CCR and METRAC), Completed on: 2010-10-01 Attorney General of Ontario
2010-09-21 Response to the motion for leave to intervene, (Letter Form), (Response to all motions for Leave to Intervene), Completed on: 2010-09-21 Attorney General of Canada
2010-09-21 Response to motion to extend time, (by Canadian Council for Refugees), Completed on: 2010-09-21 Attorney General of Canada
2010-09-17 Response to the motion for leave to intervene, (Letter Form), (Response to all motions for Leave to Intervene), Completed on: 2010-09-17 Pritpal Singh Mavi
2010-09-17 Motion to extend time, to serve and file the Motion for Leave to Intervene, Completed on: 2010-09-17 Metropolitan Action Committee on Violence against Women and Children
2010-09-16 Motion to extend time, to serve and file the Motion for Leave to Intervene, Completed on: 2010-09-16 Canadian Council for Refugees
2010-09-13 Motion for leave to intervene, (bookform) (Ext. of time requested-rec'd Sept. 17/10), Completed on: 2010-09-17 Metropolitan Action Committee on Violence against Women and Children
2010-09-13 Motion for leave to intervene, (bookform) (Ext. of time requested-rec'd Sept. 16/10, bookform), Completed on: 2010-09-16 Canadian Council for Refugees
2010-09-09 Motion for leave to intervene, (bookform), Completed on: 2010-09-09 South Asian Legal Clinic of Ontario
2010-08-13 Appellant's record, joint with AG of Canada (9 vols and Table of Contents), Completed on: 2010-08-13 Attorney General of Ontario
2010-08-13 Appellant's record, joint with AG of Ontario (9 vols. and Table of contents), Completed on: 2010-08-13 Attorney General of Canada
2010-08-13 Appellant's book of authorities, (3 vols.), Completed on: 2010-08-13 Attorney General of Canada
2010-08-13 Appellant's factum, Completed on: 2010-08-13 Attorney General of Canada
2010-08-10 Appellant's book of authorities, (14 copies), Completed on: 2010-08-10 Attorney General of Ontario
2010-08-10 Appellant's factum, Completed on: 2010-08-10 Attorney General of Ontario
2010-07-05 Notice of hearing sent to parties
2010-07-05 Appeal hearing scheduled, 2010-12-09, (start time 9:30am)
Judgment reserved
2010-05-21 Notice of appeal, CD missing-rec'd May 25, 2010, Completed on: 2010-05-21 Attorney General of Canada
2010-05-20 Notice of appeal, Completed on: 2010-05-20 Attorney General of Ontario
2010-05-04 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2010-04-23 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2010-04-23 Judgment on leave sent to the parties
2010-04-22 Decision on the application for leave to appeal, Bi F Cha, The applications for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C49530, 2009 ONCA 794, dated November 12, 2009, are granted with costs in the cause.
Granted, with costs in the cause
2010-04-15 Notice of change of solicitor, Lucas E. Lung formerly with Community Legal Clinic has changed to Lerners LLP Pritpal Singh Mavi
2010-03-15 All materials on application for leave submitted to the Judges, Bi F Cha
2010-02-12 Applicant's reply to respondent's argument, Completed on: 2010-02-12 Attorney General of Canada
2010-02-12 Applicant's reply to respondent's argument, Completed on: 2010-02-12 Attorney General of Ontario
2010-02-05 Respondent's response on the application for leave to appeal, Joint response for both applications, Completed on: 2010-02-05 Pritpal Singh Mavi
2010-01-22 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order
2010-01-22 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order
2010-01-11 Application for leave to appeal, FIRST APPLICATION. 2 volumes. CA order missing-rec'd Feb 11/10, Completed on: 2010-02-11 Attorney General of Canada
2010-01-11 Application for leave to appeal, SECOND APPLICATION. Fees missing-rec'd Feb 1/10. CA order missing-rec'd Feb 11/10, Completed on: 2010-02-11 Attorney General of Ontario