Docket

32932

Peter Grant, et al. v. Torstar Corporation, et al.

(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)
2010-07-29 Appeal closed
2010-07-28 Certificate of taxation issued to, P. Schabas
2010-07-22 Decision on the bill of costs, in the amount of $13,414.69, DeRg
2010-07-09 Submission of the bill of costs, DeRg
2010-06-15 Bill of costs, Completed on: 2010-06-15 Torstar Corporation
2010-01-28 Record returned to the Registrar of the Court of Appeal
2009-12-23 Appeal closed
2009-12-23 Formal judgment sent to the registrar of the court of appeal and all parties
2009-12-23 Judgment on appeal and notice of deposit of judgment sent to all parties
2009-12-22 Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal and the cross-appeal from the judgment of the Court of Appeal for Ontario, Number C46727, 2008 ONCA 796, dated November 28, 2008, heard on April 23, 2009, are dismissed and the order for a new trial is affirmed, with costs of the appeal in this Court to the respondents.
Dismissed, with costs
2009-06-08 Media lock-up request accepted
2009-06-08 Media lock-up consent form received from, Peter Downard Peter Grant
2009-06-02 Media lock-up consent form received from, Paul Schabas Torstar Corporation
2009-05-25 Media lock-up letter, consent form and undertaking sample sent to all parties
2009-05-15 Media lock-up requested or proposed
2009-05-08 Transcript received, (94 pages)
2009-04-23 Judgment reserved OR rendered with reasons to follow
2009-04-23 Intervener's condensed book, Submitted in Court (14 copies) Canadian Newspaper Association, AD IDEM/Canadian Media Lawyers Association, RTNDA Canada/Association of Electronic Journalists, Magazines Canada, Canadian Association of Journalists
2009-04-23 Intervener's condensed book, Submitted in Court (14 copies) Canadian Civil Liberties Association
2009-04-23 Intervener's condensed book, Submitted in Court (14 copies) Dano Cusson
2009-04-23 Intervener's condensed book, Submitted in Court (14 copies) Canadian Broadcasting Corporation
2009-04-23 Respondent's condensed book, Submitted in Court (14 copies) Torstar Corporation
2009-04-23 Appellant's condensed book, Submitted in Court (14 copies) Peter Grant
2009-04-23 Acknowledgement and consent for video taping of proceedings, From all parties
2009-04-23 Hearing of the appeal, 2009-04-23, CJ Bi LeB De F Abe Cha Ro Cro
Judgment reserved
2009-04-22 Correspondence received from, Mr. Daniel Henry by fax and by email dated April 21-09 re: Corrigendum to factum (sent to the Judges on April 22/09) Canadian Broadcasting Corporation
2009-04-20 Correspondence received from, Gowlings rec'd by e-mail re: request reservation of 1 additional seat at the hearing Ottawa Citizen
2009-04-15 Respondent's book of authorities - cross appeal, (2 volumes), Completed on: 2009-04-15 Peter Grant
2009-04-15 Respondent's factum - cross appeal, CD rec'd on April 16, 2009, Completed on: 2009-04-16 Peter Grant
2009-04-15 Notice of appearance, Daniel Henry will be present at the hearing. Canadian Broadcasting Corporation
2009-04-09 Order by, Ro, FURTHER TO THE ORDER dated April 1, 2009, granting leave to intervene to the Ottawa Citizen, the Canadian Newspaper Association, AD IDEM/Canadian Media Lawyers Association, RTNDA Canada/Association of Electronic Journalists, Magazines Canada, Canadian Association of Journalists, Canadian Journalists for Free Expression, Writers' Union of Canada, Professional Writers Association of Canada, Book and Periodical Council and Pen Canada, the Canadian Broadcasting Corporation, the Canadian Civil Liberties Association and Dano Cusson;
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted, no order as to costs
2009-04-09 Notice of appearance, Ronald Caza and Jeff Saikaley will be present at the hearing. Dano Cusson
2009-04-09 Appeal perfected for hearing
2009-04-08 Intervener's book of authorities, Vol. 1 and 2 - CD rec'd Apr. 15/09 - form rec'd Apr. 16/09, Completed on: 2009-04-15 Dano Cusson
2009-04-08 Intervener's factum, CD rec'd April 15/09 - form rec'd Apr. 16/09, Completed on: 2009-04-15 Dano Cusson
2009-04-08 Intervener's book of authorities, Completed on: 2009-04-08 Canadian Broadcasting Corporation
2009-04-08 Intervener's factum, (amended factum filed electronically April 22/09 - pages 9 & 10 changed in hard copies-original signed rec'd April 23/09), Completed on: 2009-04-08 Canadian Broadcasting Corporation
2009-04-08 Notice of appearance, Brian MacLeod Rogers and Blair Mackenzie will be present at the hearing. Canadian Newspaper Association, AD IDEM/Canadian Media Lawyers Association, RTNDA Canada/Association of Electronic Journalists, Magazines Canada, Canadian Association of Journalists
2009-04-08 Notice of appearance, Peter Downard, Catherine Wiley and Dawn Robertson will be present at the hearing. Peter Grant
2009-04-08 Intervener's book of authorities, service, cd and form rec'd Apr. 9/09, Completed on: 2009-04-17 Canadian Newspaper Association, AD IDEM/Canadian Media Lawyers Association, RTNDA Canada/Association of Electronic Journalists, Magazines Canada, Canadian Association of Journalists
2009-04-08 Intervener's factum, service, cd and form rec'd April 9/09, Completed on: 2009-04-14 Canadian Newspaper Association, AD IDEM/Canadian Media Lawyers Association, RTNDA Canada/Association of Electronic Journalists, Magazines Canada, Canadian Association of Journalists
2009-04-08 Intervener's book of authorities, cd and form rec'd April 16/09, Completed on: 2009-04-16 Canadian Civil Liberties Association
2009-04-08 Intervener's factum, CD and form rec'd April 16/09, Completed on: 2009-04-16 Canadian Civil Liberties Association
2009-04-08 Correspondence received from, Erin Hoult dated April 8, 2009. Re: Will not be serving Dano Cusson as per his request Torstar Corporation
2009-04-08 Appellant's factum - cross appeal, Included in the Respondents factum, Completed on: 2009-04-08 Torstar Corporation
2009-04-08 Respondent's book of authorities, (7 volumes), Completed on: 2009-04-08 Torstar Corporation
2009-04-08 Respondent's record, (3 volumes), Completed on: 2009-04-08 Torstar Corporation
2009-04-08 Respondent's factum, CD rec'd on April 16, 2009, Completed on: 2009-04-08 Torstar Corporation
2009-04-08 Notice of appearance, Paul Schabas, Erin Hoult and Iris Fischer will be present at the hearing. Torstar Corporation
2009-04-07 Notice of appearance, Patricia Jackson, Andrew Bernstein and Jennifer Conroy will be present at the hearing. Canadian Civil Liberties Association
2009-04-07 Notice of appearance, Brian MacLeod Rogers will be present at the hearing. Canadian Newspaper Association, AD IDEM/Canadian Media Lawyers Association, RTNDA Canada/Association of Electronic Journalists, Magazines Canada, Canadian Association of Journalists
2009-04-07 Notice of appearance, Richard Dearden and Wendy Wagner will be present at the hearing. Ottawa Citizen
2009-04-06 Intervener's book of authorities, Completed on: 2009-04-06 Ottawa Citizen
2009-04-06 Intervener's factum, Completed on: 2009-04-06 Ottawa Citizen
2009-04-01 Letter sent to Intervener(s)
2009-04-01 Order on motion for leave to intervene, (BY ROTHSTEIN J.)
2009-04-01 Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the Ottawa Citizen, the Canadian Newspaper Association, AD IDEM/Canadian Media Lawyers Association, RTNDA Canada/Association of Electronic Journalists, Magazines Canada, Canadian Association of Journalists, Canadian Journalists for Free Expression, Writers' Union of Canada, Professional Writers Association of Canada, Book and Periodical Council and Pen Canada, the Canadian Broadcasting Corporation, the Canadian Civil Liberties Association and Dano Cusson for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Ottawa Citizen, the Canadian Newspaper Association, AD IDEM/Canadian Media Lawyers Association, RTNDA Canada/Association of Electronic Journalists, Magazines Canada, Canadian Association of Journalists, Canadian Journalists for Free Expression, Writers' Union of Canada, Professional Writers Association of Canada, Book and Periodical Council and Pen Canada, the Canadian Broadcasting Corporation, the Canadian Civil Liberties Association and Dano Cusson are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length on or before April 8, 2009.
To the extent that the interests are similar, interveners shall consult to avoid repetition.
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 interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention.
Granted
2009-04-01 Submission of motion for leave to intervene, Ro
2009-03-31 Correspondence received from, consent to request to remove pages 60, 61 and 62 of the appellant's record vol XI (rec'd by e-mail) Torstar Corporation
2009-03-31 Correspondence received from, Fasken Martineau dated Mar. 30/09 re: request to remove page 60, 61 and 62 of the Appellant's Record Vol. XI (cc. to all parties - rec'd by fax - sent to the Court Apr. 1/09) Peter Grant
2009-03-30 Response to the motion for leave to intervene, from Mr. Schabas by fax, dated March 30/09, Completed on: 2009-03-30 Torstar Corporation
2009-03-27 Response to the motion for leave to intervene, (Letter Form), from Mr. Downard dated March 27/09 to all Interveners (original received March 30/09), Completed on: 2009-03-27 Peter Grant
2009-03-25 Intervener's book of authorities, 0n Motion only, Completed on: 2009-03-25 Dano Cusson
2009-03-25 Motion for leave to intervene, (bookform), Completed on: 2009-03-25 Dano Cusson
2009-03-25 Motion for leave to intervene, (bookform), Completed on: 2009-03-25 Canadian Civil Liberties Association
2009-03-25 Motion for leave to intervene, (bookiform), Completed on: 2009-03-25 Canadian Broadcasting Corporation
2009-03-20 Motion for leave to intervene, (bookform), Completed on: 2009-03-20 Canadian Newspaper Association, AD IDEM/Canadian Media Lawyers Association, RTNDA Canada/Association of Electronic Journalists, Magazines Canada, Canadian Association of Journalists
2009-03-18 Appellant's factum, service Rec'd on March 24, 2009, cd and form rec'd Mar. 20/09, Completed on: 2009-03-20 Peter Grant
2009-03-16 Appellant's record, Vol. 1 to 12 - service rec'd Mar. 18/09, cd and form rec'd Mar. 20/09 - new CD of Vol. X1 removing pages 60, 61 and 62 rec'd Apr. 6/09, Completed on: 2009-03-20 Peter Grant
2009-03-16 Appellant's book of authorities, Service rec'd Mar. 18/09 - cd and form rec'd Mar. 20/09, Completed on: 2009-03-20 Peter Grant
2009-03-13 Notice of constitutional question(s), (proof of delivery March 12, 2009 rec'd March 17, 2009) Peter Grant
2009-03-11 Correspondence received from, Gowlings rec'd by e-mail re: request reservation of 4 seats at the hearing Ottawa Citizen
2009-03-11 Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE)
2009-03-11 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellants and the respondents for an order stating constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOWS:
1. Is the common law of defamation governing the availability of the defence of qualified privilege to the media for publication to the world at large inconsistent with and an infringement of freedom of the press as guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedoms?
2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
IT IS FURTHER ORDERED THAT:
1. The appellants shall serve forthwith on the Attorneys General a copy of this order, a notice of constitutional question in Form 61A and a copy of the reasons for judgment appealed from.
2. The appellants’ factum, record and book of authorities shall be served and filed on or before March 18, 2009.
3. The respondents/appellants on cross-appeal’s factum, record and book of authorities shall be served and filed on or before April 8, 2009.
4. The appellants/respondents on cross-appeal’s factum and book of authorities shall be served and filed on or before April 15, 2009.
5. Any notices of intervention relating to the constitutional questions shall be served and filed on or before March 25, 2009.
6. Any person interested in applying for leave to intervene shall serve and file their motion on or before March 25, 2009.
7. Any interveners under Rule 55 or Rule 61, shall serve and file their factum and book of authorities on or before April 8, 2009.
8. Pursuant to Rule 61(1) of the Rules of the Supreme Court of Canada, Attorneys General intervening in this appeal under Rule 61(4) shall pay to the appellants any additional disbursements occasioned to the appellants by their intervention.
9. Interveners referred to in subrule 61(4) of the Rules of the Supreme Court of Canada shall limit their oral argument to 10 minutes each.
10. The appeal is scheduled to be heard on April 23, 2009.
Granted
2009-03-06 Submission of motion to state a constitutional question, CJ
2009-03-06 Supplemental document, Book of Authorities on Motion for leave to intervene, Completed on: 2009-03-06 Ottawa Citizen
2009-03-06 Motion for leave to intervene, (bookform), Completed on: 2009-03-06 Ottawa Citizen
2009-03-06 Appeal court record, (4 boxes)
2009-03-02 Notice of hearing sent to parties
2009-03-02 Appeal hearing scheduled, 2009-04-23
Judgment reserved
2009-02-27 Response to the motion to state a constitutional question, (Letter Form), from Peter A. Downard, Completed on: 2009-02-27 Peter Grant
2009-02-25 Motion to state a constitutional question, (bookform), Completed on: 2009-02-25 Peter Grant
2009-02-25 Motion to state a constitutional question, (bookform), Completed on: 2009-02-25 Torstar Corporation
2009-02-24 Notice of appeal, Completed on: 2009-02-24 Peter Grant
2009-02-19 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2009-02-19 Judgment on leave sent to the parties
2009-02-18 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2009-02-18 Judgment of the Court on the application for leave to cross-appeal, Bi F Cha, The motion to expedite the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C46727, 2008 ONCA 796, dated November 28, 2008, is granted with costs to the applicants in any event of the cause. The application for leave to cross-appeal is granted. The hearing of the appeal is to be expedited to a date to be fixed by the Registrar.
Granted
2009-02-18 Judgment of the Court on the application for leave to appeal, The motion to expedite the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C46727, 2008 ONCA 796, dated November 28, 2008, is granted with costs to the applicants in any event of the cause. The application for leave to cross-appeal is granted. The hearing of the appeal is to be expedited to a date to be fixed by the Registrar.
Granted, with costs to the applicant(s) in any event of the cause
2009-02-18 Decision on motion to expedite the application for leave to appeal, The motion to expedite the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C46727, 2008 ONCA 796, dated November 28, 2008, is granted with costs to the applicants in any event of the cause. The application for leave to cross-appeal is granted. The hearing of the appeal is to be expedited to a date to be fixed by the Registrar.
Granted
2009-01-19 All material on the application for leave to cross-appeal submitted to the Judges, Bi F Cha
2009-01-19 All materials on application for leave submitted to the Judges, Bi F Cha
2009-01-19 Submission of motion to expedite the application for leave to appeal, Bi F Cha
2009-01-07 Correspondence received from, Peter A. Downard dated Jan. 7/09 re: has no objection to the cross-appeal being granted if leave to appeal is granted Peter Grant
2009-01-07 Correspondence received from, Paul B. Schabas dated Jan. 7/09 re: record is complete and will be submitted to the Court for consideration Torstar Corporation
2008-12-22 Letter acknowledging receipt of a complete application for leave to appeal
2008-12-19 Notice of application for leave to cross-appeal Torstar Corporation
2008-12-19 Correspondence received from, Paul B. Schabas dated Dec. 19/08 re: respondents support the relief sought by the applicants, the expediting of the application and the matter to be heard with Quan v. Cusson Torstar Corporation
2008-12-18 Motion to expedite the application for leave to appeal, to be heard with Quan v. Cusson #32420 Bookform), Completed on: 2008-12-18 Peter Grant
2008-12-17 Book of authorities Peter Grant
2008-12-17 Application for leave to appeal, Completed on: 2008-12-17 Peter Grant