Docket

28799

Dr. Russel Fleming v. Professor Scott Starson a.k.a. Scott Jeffery Schutzman

(Ontario) (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)
2003-06-13 Appeal closed
2003-06-09 Judgment on appeal and notice of deposit of judgment sent to all parties
2003-06-06 Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal for Ontario, Number C33406, dated June 14, 2001, heard on January 15, 2003 is dismissed, McLachlin C.J. and Gonthier and LeBel JJ. dissenting.
Dismissed
2003-02-27 Correspondence received, from Janet Leiper of the Ontario Review Board requesting information. (faxed response April 24, 2003)
2003-01-24 Transcript received, (109 pp.)
2003-01-15 Acknowledgement and consent for video taping of proceedings
2003-01-15 Book of authorities, (Supplemental), Completed on: 2003-01-15 Mental Health Legal Committee ("the MHLC") and the Mental Health Legal Advocacy Coalition ("the Coalition")
2003-01-15 Judgment reserved OR rendered with reasons to follow
2003-01-15 Hearing of the appeal, 2003-01-15, (V004/V005), CJ G Ia Ma Ba Bi Arb LeB De
Judgment reserved
2003-01-14 Book of authorities, (Supplementary - Legislative Authority), Completed on: 2003-01-14 Schizophrenia Society of Canada (SSC)
2003-01-13 Correspondence received from, D. Schell dated/date 13-01-03 re: enclosing bilingual version of Health Care Consent Act/incluant version bilingue de Health Care Consent Act (sent to the judges/envoyée aux juges le 14-01-03) Dr. Russel Fleming
2003-01-13 Correspondence received from, C. Christie dated/datée 13-01-03 (fax copy/télécopieur) re: citation in section 38 of factum/citation dans la section 38 du mémoire - correction Schizophrenia Society of Canada (SSC)
2003-01-13 Order by, Gonthier, J.; re: Mr. Starson (affidavit of service on Jan. 13)
2003-01-10 Appellant's condensed book, (14 copies) Dr. Russel Fleming
2003-01-10 Correspondence received from, (fax) D. Schel dated Jan. 10; re: authorizing order Anita Szigeti
2003-01-09 Notice of appearance, (Letter Form), of Daphne Jarvis and Barbara Walker-Renshaw, dated 01/09/03. Schizophrenia Society of Canada (SSC)
2003-01-08 Correspondence received from, Diana Schell dated/datée 01/08/03 re: attendance of the respondent at the hearing / re: présence de l'intimé à l'audition de l'appel Dr. Russel Fleming
2003-01-08 Order on motion for leave to intervene, Centre for Addiction and Mental Health is DENIED permission to present oral argument; Schizophrenia Society of Canada is granted 15 MINS.; Mental Health Legal Committee and the Mental Health Legal Advocacy Coalition are granted 15 MINS. IN TOTAL
2003-01-07 Notice of hearing Dr. Russel Fleming
2003-01-02 Intervener's factum, Completed on: 2003-01-02 Mental Health Legal Committee ("the MHLC") and the Mental Health Legal Advocacy Coalition ("the Coalition")
2003-01-02 Intervener's factum, Completed on: 2003-01-02 Schizophrenia Society of Canada (SSC)
2003-01-02 Intervener's factum, Completed on: 2003-01-02 Centre for Addiction and Mental Health
2003-01-02 Book of authorities, Completed on: 2003-01-02 Mental Health Legal Committee ("the MHLC") and the Mental Health Legal Advocacy Coalition ("the Coalition")
2003-01-02 Book of authorities, Completed on: 2003-01-02 Schizophrenia Society of Canada (SSC)
2003-01-02 Book of authorities, Completed on: 2003-01-02 Centre for Addiction and Mental Health
2002-12-04 Book of authorities, (AMICUS CURIAE), Completed on: 2002-12-04 Anita Szigeti
2002-12-04 Other factum, (AMICUS CURIAE) Anita Szigeti
2002-11-29 Appeal hearing scheduled, 2003-01-15
Judgment reserved
2002-11-27 Correspondence received from, A. Szigeti dated/datée 27-11-02 re: will be filing her material by Dec. 4, 2002/déposera ses documents le 4-12-02 (fax copy/télécopieur) Anita Szigeti
2002-11-20 Order on motion for leave to intervene, (BY DESCHAMPS J.)
2002-11-20 Decision on the motion for leave to intervene, De, The motion for an extension of time and for leave to intervene of the applicants MENTAL HEALTH LEGAL COMMITTEE and the MENTAL HEALTH LEGAL ADVOCACY COALITION is granted and the applicants shall be entitled to serve and file a joint factum not to exceed 20 pages in length.

The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the appellant, the amicus curiae and the interveners.

The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record
of the parties.

The intervener shall pay to the appellant, respondent and the amicus curiae any additional disbursements occasioned to the appellant, respondent and the amicus curiae by the intervention.

Granted
2002-11-20 Submission of motion for leave to intervene, De
2002-11-18 Reply to the motion for leave to intervene, (Letter Form), from A. Dhir dated Nov. 18, 2002 (fax copy) re: replying to Ms. McIntosh and Ms. Szigeti's letters, Completed on: 2002-11-18 Mental Health Legal Committee ("the MHLC") and the Mental Health Legal Advocacy Coalition ("the Coalition")
2002-11-18 Reply to the motion for leave to intervene, (Letter Form), from A. Szigeti dated Nov. 15, 2002 (fax copy) re: in response of L. McIntosh's letter dated Nov. 123, 2002, Completed on: 2002-11-18 Anita Szigeti
2002-11-13 Response to the motion for leave to intervene, (Letter Form), from L. McIntosh dated Nov. 13, 2002 (fax copy) re: conditional consent, Completed on: 2002-11-13 Dr. Russel Fleming
2002-11-12 Appeal perfected for hearing, Session beginning on 2003-01-13
2002-11-01 Motion for leave to intervene, (joint with extension of time) - book form, Completed on: 2002-11-01 Mental Health Legal Committee ("the MHLC") and the Mental Health Legal Advocacy Coalition ("the Coalition")
2002-10-22 Order on motion for leave to intervene, (BY DESCHAMPS J.)
2002-10-22 Decision on the motion for leave to intervene, De, IT IS HEREBY ORDERED THAT:

1. The motion for leave to intervene of the applicant CENTRE FOR ADDICTION AND MENTAL HEALTH is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length.

2. The motion for leave to intervene of the applicant SCHIZOPHRENIA SOCIETY OF CANADA is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length.

The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the appellant, the amicus curiae and the interveners.

The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record
of the parties.

The interveners shall pay to the appellant, respondent and the amicus curiae any additional disbursements occasioned to the appellant, respondent and the amicus curiae by the interventions.
Granted
2002-10-22 Submission of motion for leave to intervene, De
2002-10-21 Response to the motion for leave to intervene, (Letter Form), from A. Szigeti dated Oct. 21, 2002 (fax copy) re: interventions by Centre for Addiction and Schizophrenia Society, Completed on: 2002-10-21 Anita Szigeti
2002-10-02 Order by,
HAVING BEEN advised that the respondent does not intend to defend this appeal and it appearing therefore that the interest of those who would take a position in opposition to the appellant will not be represented;

THIS COURT HEREBY APPOINTS Ms.Anita Szigeti as amicus curiae to assist the Court by filing a factum in response to the factum of the appellant and making submissions at the hearing of the appeal;

AND FURTHER THIS COURT DIRECTS that the reasonable fees and disbursements of Ms. Anita Szigeti shall be paid by and with the consent of the Attorney General of Ontario in accordance with the applicable legal aid rate.
Granted
2002-09-26 Supplemental document, (notice of agent - Burke-Robertson is the agent for the Appellant) Dr. Russel Fleming
2002-09-23 Response to the motion for leave to intervene, (Letter Form), by Centre for Addiction and Mental Health and The Schizophrenia Society of Canada from Burke-Robertson dated Sept. 23/02 (by fax - original rec'd Sept. 26/02), Completed on: 2002-09-23 Dr. Russel Fleming
2002-09-20 Correspondence received from, Leslie McIntosh dated Sept. 20/02 re payment of fees if the Court appoints an Amicus Curiae Dr. Russel Fleming
2002-09-16 Appellant's book of authorities, (14 copies), Completed on: 2002-09-16 Dr. Russel Fleming
2002-09-16 Appellant's record, Completed on: 2002-09-16 Dr. Russel Fleming
2002-09-16 Appellant's factum, Completed on: 2002-09-16 Dr. Russel Fleming
2002-09-16 Correspondence received, M.A. Swadron dated Sept. 16/02 (by fax) re: Mental Health Legal Committee will apply for intervener status
2002-09-16 Correspondence received, from Anita Szigeti dated Sept. 16/02 (by fax) re: Status as Amicus before the S.C.C.
2002-09-13 Order on motion to add or substitute parties, (service rec'd Sept. 16/02)
2002-09-13 Decision on motion to add or substitute parties, Reg, The motion for an order substituting Dr. Russel Fleming as appellant in place of Dr. Swayze and Dr. Posner.
Granted
2002-09-13 Submission of motion to add or substitute parties, Reg
2002-09-10 Response to motion to add or substitute parties, consent, Completed on: 2002-09-10 Dr. Ian Swayze
2002-09-10 Response to motion to add or substitute parties, (consent)(fax copy), Completed on: 2002-09-10 Dr. Paul Posner
2002-09-03 Motion to add or substitute parties, to substitute Dr. Fleming as appellant in place of Dr. Swayze and Dr. Posner, Completed on: 2002-09-03 Dr. Russel Fleming
2002-08-15 Motion for leave to intervene, to file a factum and present oral argument (3 copies - book form), Completed on: 2002-08-15 Schizophrenia Society of Canada (SSC)
2002-08-13 Motion for leave to intervene, to file a factum and present oral argument (5 copies - book form), Completed on: 2002-08-13 Centre for Addiction and Mental Health
2002-06-07 Correspondence received, from Anita Szigeti re: acted as Amicus Curiae before the Court of Appeal and seeks directions regarding her role in this Court.
2002-05-21 Notice of deposit for security Dr. Paul Posner
2002-05-17 Notice of appeal, Completed on: 2002-05-23 Dr. Paul Posner
2002-04-25 Correspondence (sent by the Court) to, all parties; re: filing timetable / tentative hearing date (Jan. 17/03)
2002-04-19 Notice of deposit of judgment issued to all parties
2002-04-18 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted.
Granted
2002-03-11 All materials on application for leave submitted to the Judges, G Ma LeB
2002-02-26 Correspondence received from, B. Crane dated Feb. 26, 2002 re: similar issue with file no. 28700 Dr. Ian Swayze
2001-10-02 Letter acknowledging receipt of a complete application for leave to appeal
2001-09-12 Supplemental document, 5 Copies of Transcript of Consent and Capacity Board Hearing filed Dr. Paul Posner
2001-09-12 Book of authorities, 5 Copies of Appendix A - Statutes and Authorities filed, Completed on: 2001-09-12 Dr. Paul Posner
2001-09-12 Application for leave to appeal, Completed on: 2001-09-12 Dr. Paul Posner