Docket

28029

Clayton Charles Ruby v. The Solicitor General of Canada

(Federal) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2002-12-03 Record returned to the Registrar of the Court of Appeal
2002-11-26 Appeal closed
2002-11-22 General proceeding, (sealed documents returned to FCA - personal service) Clayton Charles Ruby
2002-11-22 Judgment on appeal and notice of deposit of judgment sent to all parties
2002-11-21 Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, (See long judgment)
Allowed in part, costs in this Court and courts below
2002-05-08 Transcript received, (69 pages)
2002-04-24 Judgment reserved OR rendered with reasons to follow
2002-04-24 Appellant's condensed book, given in court Clayton Charles Ruby
2002-04-24 Acknowledgement and consent for video taping of proceedings
2002-04-24 Hearing of the appeal, 2002-04-24, (V034), CJ L'HD G Ia Ma Ba Bi Arb LeB
Judgment reserved
2002-04-19 General proceeding, Supplementary Secret Affidavit of Robert Ian MacEwan received from the FCA - SEALED The Solicitor General of Canada
2002-04-17 Order on miscellaneous motion, (BY THE COURT)
2002-04-17 Decision on miscellaneous motion, Arb, IT IS HEREBY ORDERED THAT:

1) the Supplementary Secret Affidavit of Robert Ian MacEwan be transferred from the Federal Court of Appeal to this Court in sealed form by special courrier;

2) The Secret Affidavit be kept separate and apart from the public file and be made available only to the Members of this Court; and

3) Upon completion of the appeal and cross-appeal, the secret affidavit be remitted to the Federal Court Trial Division in sealed form.

Granted
2002-04-17 Submission of miscellaneous motion, Arb
2002-04-09 Order on motion for leave to intervene, (10 MINUTES ORAL ARGUMENT GRANTED TO ROBERT LAVIGNE BY CHIEF JUSTICE )
2002-04-09 Correspondence received from, B. McIsaac dated April 8, 2002 (fax copy) re: takes no position on the Privacy Commmissioner's request The Solicitor General of Canada
2002-04-05 Response to miscellaneous motion, (included in motion book), Completed on: 2002-04-05 Clayton Charles Ruby
2002-04-05 Correspondence received from, M. Edwardh dated April 5, 2002 (fax copy) re: takes no position on the Privacy Commissioner's request Clayton Charles Ruby
2002-04-05 Correspondence received from, D. Brown dated April 5, 2002 (fax copy) re: requesting 15 minutes to make oral submissions Privacy Commissioner of Canada
2002-04-05 Notice of miscellaneous motion, (that the suppl. secret affidavit of Robert Ian MacEwan be transferred from F.C.A. in sealed form) - book form, Completed on: 2002-04-05 The Solicitor General of Canada
2002-04-02 Intervener's factum, (Cross-Appeal) (see decision of March 21/02) (original signature rec'd Apr. 16/02), Completed on: 2002-04-11 Robert Lavigne
2002-03-21 Correspondence (sent by the Court) to, R. Lavigne from M. Larmour re: enclosing copy of the Order dated March 21/02
2002-03-21 Order on motion for leave to intervene, (by the Chief Justice)
2002-03-21 Decision on the motion for leave to intervene, 10 MINUTES FOR ORAL ARGUMENT ( order dated Apr. 9), CJ, and extension of time by ROBERT LAVIGNE. The factum is limited to 20 pages to be served and filed on or before April 2, 2002. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention.
Granted
2002-03-21 Submission of motion for leave to intervene, CJ
2002-03-20 Response to the motion for leave to intervene, (Letter Form), from M. Edwardh dated March 20/02 (by fax), Completed on: 2002-03-20 Clayton Charles Ruby
2002-03-20 Response to the motion for leave to intervene, (Letter Form), from B.A. McIsaac dated March 20/02, Completed on: 2002-03-20 The Solicitor General of Canada
2002-03-20 Correspondence received from, (Letter Form), R. Lavigne dated March 20/02 re: requesting to serve and file factum to Apr. 2/02 and present 15 minutes oral argument (1 copy) Robert Lavigne
2002-03-18 Motion for leave to intervene, also motion for leave to intervene in the cross-appeal (1 copy - by fax), Completed on: 2002-03-18 Robert Lavigne
2002-03-08 Appeal hearing scheduled, 2002-04-24
Judgment reserved
2002-02-15 Notice of withdrawal Attorney General for Ontario
2002-02-12 Correspondence received, R. Lavigne, respondent in file 28188 dated Feb. 12, 2002 (fax copy) re: responding to Ms. Edwardh's letter (joint with 28188)
2002-02-08 Book of authorities, on Cross-Appeal, Completed on: 2002-02-08 Privacy Commissioner of Canada
2002-02-08 Intervener's factum, on Cross-Appeal, Completed on: 2002-02-08 Privacy Commissioner of Canada
2002-02-05 Correspondence received from, D.E. Brown dated Feb. 5/02 re: in response to Ms. Edwardh's letter dated Feb. 1/02 (by fax) (joint with 28188) Privacy Commissioner of Canada
2002-02-04 Correspondence received from, B.A. McIsaac dated Feb. 1/02 re: in response to Ms. Edwardh's letter dated Feb. 1/02 (by fax) (joint with 28188) The Solicitor General of Canada
2002-02-01 Correspondence received from, M. Edwardh dated Feb. 1/02 re: appeal #28188 heard Jan. 17/02 which raises common issue; asking Court to reserve decision (by fax) (joint with 28188) Clayton Charles Ruby
2002-01-24 Notice of withdrawal Attorney General of Alberta
2002-01-14 Decision on motion to extend time, Reg, to serve and file the appellant's factum on the cross-appeal to January 11, 2002.
Granted
2002-01-14 Submission of motion to extend time, Reg
2002-01-11 Respondent's book of authorities - cross appeal, Completed on: 2002-01-11 Clayton Charles Ruby
2002-01-11 Respondent's factum - cross appeal, Completed on: 2002-01-11 Clayton Charles Ruby
2002-01-11 Response to motion to extend time, Completed on: 2002-01-11 The Solicitor General of Canada
2002-01-11 Motion to extend time, to file the appellant's factum on cross-appeal to Jan. 11, 2002 - 1 copy, Completed on: 2002-01-11 Clayton Charles Ruby
2001-12-17 Appeal perfected for hearing, Session beginning on 2002-04-15
2001-12-14 Appellant's book of authorities - cross appeal, Completed on: 2001-12-14 The Solicitor General of Canada
2001-12-14 Appellant's factum - cross appeal, Completed on: 2001-12-14 The Solicitor General of Canada
2001-12-14 Respondent's factum, 25 copies, Completed on: 2001-12-14 The Solicitor General of Canada
2001-12-05 Appeal court record, 3 boxes
2001-10-19 Decision on motion to extend time, Reg, to serve and file the appellant's factum to Oct. 19, 2001.
Granted, no order as to costs
2001-10-19 Submission of motion to extend time, Reg
2001-10-19 Response to motion to extend time, Completed on: 2001-10-19 The Solicitor General of Canada
2001-10-19 Motion to extend time, to file the factum and authorities to Oct. 19, 2001, Incomplete Clayton Charles Ruby
2001-10-19 Appellant's factum, Completed on: 2001-10-19 Clayton Charles Ruby
2001-10-19 Appellant's book of authorities, vol. 1 to 3 (proof of service of the appellant's factum), Completed on: 2001-10-19 Clayton Charles Ruby
2001-09-26 Appellant's record, vol. 1 to 7 (extension of time requested), Completed on: 2001-09-26 Clayton Charles Ruby
2001-09-19 Correspondence received from, B. Davies dated Sept. 11, 2001 (fax copy) re: will file their factum by October 19, 2001 with an formal motion for an extension of time Clayton Charles Ruby
2001-09-05 Correspondence received from, A. Marshall dated Sept. 5, 2001 (fax copy) re: will file the factum 4 weeks after service of the appellant's factum in reply to the cross-appeal Privacy Commissioner of Canada
2001-08-27 Notice of intervention respecting a constitutional question Attorney General of Alberta
2001-08-24 Notice of intervention respecting a constitutional question Attorney General for Ontario
2001-08-16 Correspondence received from, S. Welchner of Nelligan dated Aug. 16, 2001 (fax copy) re: date of filing materials (N.B. Mr. Welchner's secretary has been advised that the intervener's factum is due 4 weeks from service of the respondent's factum) Privacy Commissioner of Canada
2001-07-12 Notice of constitutional question(s) Clayton Charles Ruby
2001-06-26 Order on motion to state a constitutional question
2001-06-21 Decision on the motion to state a constitutional question, CJ, 1. Do ss. 51(2)(a) and 51(3) of the Privacy Act, R.S.C., 1985, c. P-21, as amended, infringe or deny the appellant's rights and freedoms guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedoms?

2. If the answer to Question 1 is in the affirmative, are ss. 51(2)(a) and 51(3) of the Privacy Act reasonable limits, prescribed by law, that can be demonstrably justified in a free and democratic society, pursuant to section 1 of the Canadian Charter of Rights and Freedoms.

3. Does section 51(3) of the Privacy Act, infringe or deny the appellant's rights and freedoms guaranteed by section 7 of the Canadian Charter of Rights and Freedoms?

4. If the answer to Question 3 is in the affirmative, is s. 51(3) of the Privacy Act a reasonable limit, prescribed by law, that can be demonstrably justified in a free and democratic society, pursuant to section 1 of the Canadian Charter of Rights and Freedoms.

Notices of intervention to be filed on or before August 27, 2001.


Granted, no order as to costs
2001-06-18 Correspondence received from, B. Davies dated June 18, 2001 (fax copy) re: will seek an extension of 60 days, from the date on which the ruling on the motion to state constitutional questions, to file the factum Clayton Charles Ruby
2001-05-25 Order on motion for leave to intervene, (BY THE COURT) (15 MINUTES FOR ORAL ARGUMENT Apr. 12)
2001-05-25 Decision on the motion for leave to intervene, Ma, by the PRIVACY COMMISSIONER OF CANADA. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention.
Granted, no order as to costs
2001-05-25 Submission of motion for leave to intervene, Ma
2001-05-17 Response to the motion for leave to intervene, (fax) from Breese Davies re: does not object to intervention of Privacy Commissioner, Completed on: 2001-05-17 Clayton Charles Ruby
2001-05-09 Response to the motion for leave to intervene, (Letter Form), from B. McIsaac dated May 9, 2001, Completed on: 2001-05-09 The Solicitor General of Canada
2001-05-08 Submission of motion to state a constitutional question, CJ
2001-04-23 Motion for leave to intervene, in the Cross-Appeal (book form), Completed on: 2001-04-23 Privacy Commissioner of Canada
2001-04-18 Motion to state a constitutional question, (5 copies), Completed on: 2001-04-18 Clayton Charles Ruby
2001-04-17 Response to the motion to state a constitutional question, from B. McIsaac, Q.C. dated Apr. 17/01 (by fax), Completed on: 2001-04-17 The Solicitor General of Canada
2001-02-21 Notice of cross appeal, Completed on: 2001-02-21 The Solicitor General of Canada
2001-02-19 Letter acknowledging receipt of notice of appeal
2001-02-15 Notice of appeal, Completed on: 2001-02-15 Clayton Charles Ruby
2001-01-19 Notice of deposit of judgment issued to all parties
2001-01-18 Judgment of the Court on the application for leave to cross-appeal
Granted, no order as to costs
2001-01-18 Judgment of the Court on the application for leave to appeal, The applications for leave to appeal and cross-appeal are granted.
Granted, no order as to costs
2001-01-03 All material on the application for leave to cross-appeal submitted to the Judges, CJ Ia Ma
2001-01-03 All materials on application for leave submitted to the Judges, CJ Ia Ma
2000-10-03 Memorandum of argument in response to the cross-appeal, Completed on: 2000-10-03 Clayton Charles Ruby
2000-08-31 Application for leave to cross-appeal, (included in the respondent's response), Completed on: 2000-08-31 The Solicitor General of Canada
2000-08-31 Respondent's response on the application for leave to appeal, Completed on: 2000-08-31 The Solicitor General of Canada
2000-08-18 Letter acknowledging receipt of a complete application for leave to appeal
2000-07-28 Application for leave to appeal, Completed on: 2000-07-28 Clayton Charles Ruby