Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
34446
Nell Toussaint v. Attorney General of Canada
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2020-08-11 | Close file on Leave | |
| 2020-06-09 | Reconsideration not accepted for filing, by the deputy registrar by letter dated June 9, 2020 (by email) | |
| 2020-03-03 | Correspondence received from, (Letter Form), Matthew Estabrooks, Re: follow up to reconsideration, (Printed version filed on 2020-03-06) | Nell Toussaint |
| 2019-08-13 | Correspondence received from, (Letter Form), Brianna Misner. Update on counsel contact information. | Nell Toussaint |
| 2019-06-11 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2019-06-05 | Certificate (on limitations to public access), (Letter Form), Form 23A | Nell Toussaint |
| 2019-06-05 | Motion for reconsideration of the application for leave to appeal, (Book Form), Motion for extension of time included. , Completed on: 2019-06-05 | Nell Toussaint |
| 2012-04-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-04-10 | Judgment on leave sent to the parties | |
| 2012-04-05 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-362-10, 2011 FCA 213, dated June 27, 2011, is dismissed without costs. Dismissed, without costs |
|
| 2012-03-05 | All materials on application for leave submitted to the Judges, LeB Abe Cro | |
| 2011-11-07 | Applicant's reply to respondent's argument, Completed on: 2011-11-07 | Nell Toussaint |
| 2011-10-26 | Respondent's response on the application for leave to appeal, Completed on: 2011-10-26 | Attorney General of Canada |
| 2011-09-28 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-09-26 | Application for leave to appeal, Revised version of the Reasons for Judgment fomr the C/A received on Oct 21, 2011, Completed on: 2011-09-26 | Nell Toussaint |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Toussaint, Nell | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Toussaint, Nell
Counsel
Toronto, Ontario
M9A 4A5
Telephone: (416) 888-8877
FAX: (416) 532-7777
Email: andrewcdekany
Agent
2600 - 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Party: Attorney General of Canada
Counsel
Exchange Tower, Ste. 3400
130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-4772
FAX: (416) 954-8982
Agent
Department of Justice Canada, Civil Litigation Section
50 O'Connor Street, 5th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Canadian Charter of Rights and Freedoms – Right to life, liberty and security of the person – Fundamental Justice – Right to equality – Discrimination based on immigration status – Health care coverage – Whether it is in accordance with principles of fundamental justice or in breach of s. 7 of the Charter to deny coverage for health care to persons exposed to a serious risk to life and health in order to discourage illegal behaviour – Whether a law that excludes the applicant from health coverage because of her immigration status is in breach of s. 15(1) of the Charter.
The applicant, a citizen of Grenada, remained in Canada illegally after her temporary residence visa expired. She requires significant medical care. In 2008, she began an application for temporary residency status but she challenged the requirement to pay application fees and her application remains unprocessed. In May 2009, she applied to Citizenship and Immigration Canada for medical coverage under the Interim Federal Health Program established by Order in Council, OIC 1957-11/848. Under this program, Citizenship and Immigration Canada covers the cost of emergency medical care for indigent persons that it has legally admitted to Canada if eligibility criteria are met. A Director with Citizenship and Immigration Canada denied coverage.
Lower court rulings
Federal Court
T-1301-09, 2010 FC 810
Application for judicial review dismissed
Federal Court
T-1301-09, 2010 FC 926
Motion for reconsideration dismissed
Federal Court of Appeal
A-362-10, 2011 FCA 213
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available