Docket

34621

Police Constable Kris Wood, et al. v. Ruth Schaeffer, 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)
2015-03-16 Appeal closed
2015-03-13 Certificate of taxation issued to, Mr. Brian A. Crane Q.C. (cover letter dated March 16, 2015)
2015-03-13 Decision on the bill of costs, in the amount of $12,805.89, Reg
2015-03-13 Submission of the bill of costs, Reg
2014-06-24 Response to the bill of costs, Completed on: 2014-06-24 Ian Scott, Director of the Special Investigations Unit
2014-06-19 Bill of costs, 2/7/2014 - Received an amended Notice of Taxation with the respondent Ian Scott removed from the first paragraph., Completed on: 2014-06-19 Ruth Schaeffer
2013-12-20 Formal judgment sent to the registrar of the court of appeal and all parties
2013-12-20 Judgment on appeal and notice of deposit of judgment sent to all parties
2013-12-19 Judgment on the cross-appeal rendered, CJ LeB F Abe Ro Cro Mo Ka Wa, See judgment
Allowed, with costs
2013-12-19 Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal for Ontario, Number CA52414, 2011 ONCA 716, dated November 15, 2011, heard on April 19, 2013, is dismissed and the cross-appeal is allowed. LeBel, Fish and Cromwell JJ. are dissenting on the cross-appeal. Costs are awarded to Ruth Shaeffer, Evelyn Minty and Diane Pinder on the appeal and cross-appeal.
The following declaration is granted pursuant to Rule 14.05(3) of the Rules of Civil Procedure:
The Police Services Act, R.S.O. 1990, c. P.15, s. 113(9), and the regulation regarding Conduct and Duties of Police Officers Respecting Investigations by the Special Investigations Unit, O. Reg. 267/10, prohibit subject and witness officers from consulting with counsel until the officers have completed their police notes and filed them with the chief of police.
The motion to strike out certain paragraphs from interveners’ factums brought by the SIU Director is allowed
Dismissed, with costs
2013-05-06 Transcript received, (183 pages)
2013-04-19 Judgment reserved OR rendered with reasons to follow
2013-04-19 Hearing of the appeal, 2013-04-19, CJ LeB F Abe Ro Cro Mo Ka Wa
Judgment reserved
2013-04-19 Acknowledgement and consent for video taping of proceedings, All parties consented
2013-04-19 Intervener's condensed book, (Book Form), Rec'd in Court Richard Rosenthal, Chief Civilian Director of the Independent Investigations Office of British Columbia
2013-04-19 Respondent's condensed book, (Book Form), Rec'd in Court Ian Scott, Director of the Special Investigations Unit
2013-04-19 Respondent's condensed book, (Book Form), Rec'd in Court Ruth Schaeffer
2013-04-19 Appellant's condensed book, (Book Form), Rec'd in Court Police Constable Kris Wood
2013-04-17 Intervener's book of authorities, (Book Form), on the motion to strike (sent to panel Apr. 17/13), Completed on: 2013-04-17 Canadian Civil Liberties Association
2013-04-16 Response to motion to strike out, (Book Form), Completed on: 2013-04-16 Canadian Police Association and Police Association of Ontario
2013-04-16 Response to motion to strike out, (Book Form), Completed on: 2013-04-16 Canadian Civil Liberties Association
2013-04-15 Correspondence received from, (Letter Form), M.F. Major dated Apr. 15/13; re: error in 2nd para of motion to strike (sent to panel Apr. 17/13) Ian Scott, Director of the Special Investigations Unit
2013-04-15 Correspondence received from, Ms. Major dated April 15/13 re: correction to factum (sent to the Court April 15/13) Criminal Lawyers' Association (Ontario)
2013-04-15 Response to motion to strike out, (Letter Form), (sent to panel Apr. 17/13), Completed on: 2013-04-15 Julian Fantino, Commissioner of the Ontario Provincial Police
2013-04-15 Response to motion to strike out, (Letter Form), (sent to panel Apr. 17/13), Completed on: 2013-04-15 Ruth Schaeffer
2013-04-12 Respondent's book of authorities, (Book Form), in support of the motion to strike (sent to panel Apr. 17/13), Completed on: 2013-04-12 Ian Scott, Director of the Special Investigations Unit
2013-04-12 Motion to strike out, (Book Form), (3 copies - additional copies requested) - Returnable at the hearing of the appeal (sent to panel Apr. 17/13), Completed on: 2013-04-12 Ian Scott, Director of the Special Investigations Unit
2013-04-12 Notice of appearance, Maureen Whelton and Neil Wilson will be appearing, Ms Whelton will make oral submission Urban Alliance on Race Relations
2013-04-10 Notice of appearance, David Butt will be appearing Canadian Police Association and Police Association of Ontario
2013-04-10 Notice of appearance, Christa D. Big Canoe and Emily R. Hill will appearing and Ms. Big Canoe will present oral argument. Aboriginal Legal Services of Toronto Inc.
2013-04-10 Correspondence received from, Marie-France Major dated April 10/13 re: request for 4 reserved seats for the hearing. Request for one more seat rec'd April 17/13 Ian Scott, Director of the Special Investigations Unit
2013-04-09 Notice of appearance, Maureen Whelton and Neil Wilson will be appearing and Ms. Whelton will make oral presentation. Urban Alliance on Race Relations
2013-04-09 Notice of appearance, Christopher Diana and Kenneth W. Hogg will be present at the hearing. Mr. Diana will present oral submissions. Julian Fantino, Commissioner of the Ontario Provincial Police
2013-04-09 Notice of appearance, Andrew I. Nathanson and Gavin Cameron will be present at the hearing. Mr. Nathanson will present oral submissions. British Columbia Civil Liberties Association
2013-04-09 Notice of appearance, Julian N. Falconer and Sunil S. Mathai will be present at the hearing. Julian N. Falconer will present oral submissions. Ruth Schaeffer
2013-04-09 Correspondence received from, Marie-France Major dated April 9/13 re: request for 1 reserve seat at the hearing Ian Scott, Director of the Special Investigations Unit
2013-04-09 Notice of appearance, Howard L. Krongold and Michael Spratt will be present at the hearing. Howard L. Krongold will present oral argument. Criminal Lawyers' Association (Ontario)
2013-04-09 Order by, LeB, FURTHER TO THE ORDER dated February 7, 2013, granting leave to intervene to the Canadian Police Association and Police Association of Ontario, the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association, the Aboriginal Legal Services of Toronto Inc., the Criminal Lawyers’ Association (Ontario), the Independent Investigations Office of British Columbia, Richard Rosenthal, Chief Civilian Director and the Urban Alliance on Race Relations ;
IT IS HEREBY FURTHER ORDERED THAT the seven groups of 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
2013-04-05 Notice of appearance, Marlys Edwardh, Daniel Sheppard and Kelly Doctor will be present at the hearing. Marlys Edward will present oral submissions. Ian Scott, Director of the Special Investigations Unit
2013-04-05 Correspondence received from, Marlys A. Edwarth by fax, re: request for additional time for oral argument Ian Scott, Director of the Special Investigations Unit
2013-04-04 Intervener's book of authorities, Completed on: 2013-04-04 Richard Rosenthal, Chief Civilian Director of the Independent Investigations Office of British Columbia
2013-04-04 Intervener's factum, Completed on: 2013-04-04 Richard Rosenthal, Chief Civilian Director of the Independent Investigations Office of British Columbia
2013-04-04 Intervener's book of authorities, Completed on: 2013-04-04 Criminal Lawyers' Association (Ontario)
2013-04-04 Intervener's factum, Completed on: 2013-04-04 Criminal Lawyers' Association (Ontario)
2013-04-04 Intervener's book of authorities, Completed on: 2013-04-04 Urban Alliance on Race Relations
2013-04-04 Intervener's factum, Completed on: 2013-04-04 Urban Alliance on Race Relations
2013-04-04 Intervener's book of authorities, Completed on: 2013-04-04 Canadian Civil Liberties Association
2013-04-04 Intervener's factum, (paragraphs 2 and 8-13 struck further to judgment dated 12/19/2013)., Completed on: 2013-04-04 Canadian Civil Liberties Association
2013-04-04 Correspondence received from, Julian Falconer dated April 4, 2013. Re: Requesting more time at hearing. Ruth Schaeffer
2013-04-04 Intervener's book of authorities, Completed on: 2013-04-04 Aboriginal Legal Services of Toronto Inc.
2013-04-04 Intervener's factum, Completed on: 2013-04-04 Aboriginal Legal Services of Toronto Inc.
2013-04-03 Intervener's book of authorities, Completed on: 2013-04-03 British Columbia Civil Liberties Association
2013-04-03 Intervener's factum, Completed on: 2013-04-03 British Columbia Civil Liberties Association
2013-04-02 Intervener's factum, (sentence 2 of paragraph 18 struck by judgment dated 2013-12-19)., Completed on: 2013-04-02 Canadian Police Association and Police Association of Ontario
2013-03-27 Correspondence received from, 18 reserved seats requested Ruth Schaeffer
2013-03-21 Notice of appearance, Wendy Wagner and Ryan Kennedy will be present at the hearing. Canadian Civil Liberties Association
2013-03-18 Correspondence received from, 10 reserved seats requested Police Constable Kris Wood
2013-03-18 Notice of appearance, Brian H. Greenspan, David M. Humphrey and Jill D. Makepeace will be appearing Police Constable Kris Wood
2013-03-11 Respondent's book of authorities - cross appeal, Completed on: 2013-03-11 Police Constable Kris Wood
2013-03-11 Respondent's factum - cross appeal, Completed on: 2013-03-11 Police Constable Kris Wood
2013-03-11 Notice of hearing sent to parties
2013-03-07 Appeal hearing scheduled, 2013-04-19
Judgment reserved
2013-03-06 Order on motion to extend time
2013-03-06 Decision on motion to extend time, Reg, IT IS ORDERED that the motion for an extension of time to serve and file the Appellants’ Cross-Appeal Factum and Book of Authorities on March 11, 2013 is granted.
Granted
2013-03-06 Submission of motion to extend time, Reg
2013-02-25 Appellant's factum - cross appeal, Included in the Respondent's factum, Completed on: 2013-02-25 Ruth Schaeffer
2013-02-25 Respondent's book of authorities, Completed on: 2013-02-25 Ruth Schaeffer
2013-02-25 Respondent's record, Completed on: 2013-02-25 Ruth Schaeffer
2013-02-25 Respondent's factum, Completed on: 2013-02-25 Ruth Schaeffer
2013-02-21 Response to motion to extend time, to serve and file the factum on Cross-Appeal, Completed on: 2013-02-21 Ruth Schaeffer
2013-02-21 Motion to extend time, to serve and file the factum on Cross-Appeal on March 11/13, Completed on: 2013-02-21 Police Constable Kris Wood
2013-02-07 Decision on motion to extend time, Wa, The motion for an extension of time to apply for leave to intervene and for leave to intervene of the Canadian Police Association and Police Association of Ontario is granted.
Granted, no order as to costs
2013-02-07 Submission of motion to extend time, Wa
2013-02-07 Order on motion for leave to intervene, (BY WAGNER J.)
2013-02-07 Decision on the motion for leave to intervene, Wa, UPON APPLICATION by the Canadian Police Association and Police Association of Ontario for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal;
AND UPON APPLICATIONS by the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association, the Aboriginal Legal Services of Toronto Inc., the Criminal Lawyers’ Association (Ontario), the Independent Investigations Office of British Columbia, Richard Rosenthal, Chief Civilian Director, the Urban Alliance on Race Relations 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 Police Association and Police Association of Ontario is granted and the said group of interveners shall be entitled to serve and file a single factum not to exceed 10 pages in length on or before April 4, 2013.
The motions for leave to intervene of the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association, the Aboriginal Legal Services of Toronto Inc., the Criminal Lawyers’ Association (Ontario), the Independent Investigations Office of British Columbia, Richard Rosenthal, Chief Civilian Director and the Urban Alliance on Race Relations are granted and the said six interveners shall be entitled to serve and file a single factum not to exceed 10 pages in length on or before April 4, 2013.
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 are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties, without prejudice to the interveners Canadian Police Association and Police Association of Ontario to bring a motion to adduce new evidence.
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 interventions
Granted
2013-02-07 Submission of motion for leave to intervene, Wa
2013-02-05 Appeal perfected for hearing
2013-02-04 Respondent's book of authorities, Completed on: 2013-02-04 Julian Fantino, Commissioner of the Ontario Provincial Police
2013-02-04 Respondent's factum, cd to come (rec'd Feb.19/13), Completed on: 2013-02-20 Julian Fantino, Commissioner of the Ontario Provincial Police
2013-02-04 Respondent's record, Completed on: 2013-02-04 Ian Scott, Director of the Special Investigations Unit
2013-02-04 Respondent's book of authorities, (3 volumes), Completed on: 2013-02-04 Ian Scott, Director of the Special Investigations Unit
2013-02-04 Respondent's factum, Completed on: 2013-02-04 Ian Scott, Director of the Special Investigations Unit
2013-02-01 Order on motion to extend time
2013-02-01 Decision on motion to extend time, DeRg, to serve and file the record, factum and book of authorities of the respondents Schaeffer, Minty and Pinder to Feb. 25/13
Granted
2013-02-01 Submission of motion to extend time, DeRg
2013-02-01 Motion to extend time, to serve and file the record, factum and book of authorities of the respondents Schaeffer, Minty and Pinder to Feb. 25/13, Completed on: 2013-02-01 Ruth Schaeffer
2013-01-15 Response to motion to extend time, (Letter Form), from Marlys A. Edwardh dated Jan. 15/13, Completed on: 2013-01-15 Ian Scott, Director of the Special Investigations Unit
2013-01-15 Motion to extend time, (Book Form), to serve and file the motion for leave to intervene to Dec. 19/12, Completed on: 2013-01-15 Canadian Police Association and Police Association of Ontario
2013-01-14 Response to the motion for leave to intervene, (Letter Form), from Julian L. Falconer dated Jan. 14/13, Completed on: 2013-01-14 Ruth Schaeffer
2013-01-09 Response to the motion for leave to intervene, (Letter Form), from Brian H. Greenspan dated Jan. 8/13 (by all interveners), Completed on: 2013-01-09 Police Constable Kris Wood
2013-01-07 Response to the motion for leave to intervene, (Letter Form), from Burke-Robertson dated Jan. 7/12 (by all interveners), Completed on: 2013-01-07 Julian Fantino, Commissioner of the Ontario Provincial Police
2012-12-21 Response to the motion for leave to intervene, (Letter Form), from Marlys A. Edwardh dated Dec. 21/12 (by all interveners), Completed on: 2012-12-21 Ian Scott, Director of the Special Investigations Unit
2012-12-19 Motion for leave to intervene, (Book Form), (extension of time rec'd Jan. 15/13), Completed on: 2012-12-19 Canadian Police Association and Police Association of Ontario
2012-12-18 Motion for leave to intervene, (Book Form), Completed on: 2012-12-18 Criminal Lawyers' Association (Ontario)
2012-12-18 Motion for leave to intervene, (Book Form), Completed on: 2012-12-18 Richard Rosenthal, Chief Civilian Director of the Independent Investigations Office of British Columbia
2012-12-18 Motion for leave to intervene, (Book Form), Completed on: 2012-12-18 Aboriginal Legal Services of Toronto Inc.
2012-12-17 Motion for leave to intervene, (Book Form), Completed on: 2012-12-17 Urban Alliance on Race Relations
2012-12-14 Intervener's book of authorities, (Book Form), With motion to intervene, Completed on: 2012-12-14 British Columbia Civil Liberties Association
2012-12-14 Motion for leave to intervene, (Book Form), Completed on: 2012-12-14 British Columbia Civil Liberties Association
2012-12-14 Motion for leave to intervene, (Book Form), Completed on: 2012-12-14 Canadian Civil Liberties Association
2012-12-07 Correspondence (sent by the Court) to, parties (REVISED Filing timetable)
2012-12-07 Correspondence received from, Gowlings, by email, Re: to be added as agent Ruth Schaeffer
2012-11-20 Appellant's book of authorities, Completed on: 2012-11-20 Police Constable Kris Wood
2012-11-20 Appellant's record, (3 volumes), Completed on: 2012-11-20 Police Constable Kris Wood
2012-11-20 Appellant's factum, Completed on: 2012-11-20 Police Constable Kris Wood
2012-08-28 Notice of appeal, Completed on: 2012-08-28 Police Constable Kris Wood
2012-07-04 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2012-06-29 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2012-06-29 Judgment on leave sent to the parties
2012-06-28 Decision on motion to extend time, for cross-appeal of Ian Scott, See judgment below
Granted
2012-06-28 Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the motion for leave to intervene is granted. The motion for leave to intervene of the Canadian Police Association and Police Association of Ontario is dismissed without prejudice. The motion for an extension of time to serve and file the application for leave to cross-appeal of Ian Scott, Director of the SIU, is granted. The applications for leave to cross-appeal are granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number CA52414, 2011 ONCA 716, dated November 15, 2011, is granted without costs.
Granted, without costs
2012-06-28 Judgment of the Court on the application for leave to cross-appeal, see above judgment
Granted
2012-06-28 Decision on motion for leave to intervene, see judgment above
Dismissed
2012-05-28 Submission of motion to extend time, for cross-appeal of Ian Scott, De F Ka
2012-05-28 All materials on application for leave submitted to the Judges, De F Ka
2012-05-28 All material on the application for leave to cross-appeal submitted to the Judges, De F Ka
2012-05-28 Submission of motion for leave to intervene, De F Ka
2012-04-16 Correspondence received from, Marlys Edwardh dated April 16 re: will not filed a reply Ian Scott, Director of the Special Investigations Unit
2012-04-12 Memorandum of argument in response to the cross-appeal, Completed on: 2012-04-12 Police Constable Kris Wood
2012-03-22 Order on motion to extend time
2012-03-22 Decision on motion to extend time, DeRg, to serve and file the joint respondents' response and conditional application for leave to cross-appeal of Schaeffer, Minty and Pinder to March 13/12
Granted
2012-03-22 Submission of motion to extend time, DeRg
2012-03-15 Response to the motion for leave to intervene, (Letter Form), from Marlys A. Edwardh dated March 14/12 re will not file a response to the intevention of CPA-PAO, Completed on: 2012-03-15 Ian Scott, Director of the Special Investigations Unit
2012-03-13 Response to motion to extend time, (by Schaeffer et al), Completed on: 2012-02-13 Julian Fantino, Commissioner of the Ontario Provincial Police
2012-03-13 Response to motion to extend time, (by Schaeffer et al), Completed on: 2012-03-13 Ian Scott, Director of the Special Investigations Unit
2012-03-13 Response to motion to extend time, (by Schaeffer et al), Completed on: 2012-03-13 Police Constable Kris Wood
2012-03-13 Book of authorities Ian Scott, Director of the Special Investigations Unit
2012-03-13 Application for leave to cross-appeal, Completed on: 2012-03-14 Ian Scott, Director of the Special Investigations Unit
2012-03-13 Respondent's response on the application for leave to appeal, (motion for extension of time included), Completed on: 2012-03-14 Ian Scott, Director of the Special Investigations Unit
2012-03-13 Motion to extend time, (included in the response), Completed on: 2012-03-13 Ian Scott, Director of the Special Investigations Unit
2012-03-13 Application for leave to cross-appeal, (included in the response), Completed on: 2012-03-13 Ruth Schaeffer
2012-03-13 Respondent's response on the application for leave to appeal, (joint with an application to cross-appeal), Completed on: 2012-03-13 Ruth Schaeffer
2012-03-13 Motion to extend time, to serve and file the joint respondents' response and conditional application for leave to cross-appeal of Schaeffer, Minty and Pinder to March 13/12, Completed on: 2012-03-13 Ruth Schaeffer
2012-03-09 Response to the motion for leave to intervene, (Letter Form), from Julian N. Falconer dated March 8/12, Completed on: 2012-03-09 Ruth Schaeffer
2012-02-27 Motion for leave to intervene, (joint with an extension of time), Completed on: 2012-02-27 Canadian Police Association and Police Association of Ontario
2012-02-15 Correspondence received from, Julian Falconer dated Feb 15, 2012 re: consent of all parties to the extension of time for the response Ruth Schaeffer
2012-02-14 Correspondence received from, Marlys Edwardh dated Feb 13, 2012 re: consent of all parties to extension of time for response Ian Scott, Director of the Special Investigations Unit
2012-02-13 Respondent's response on the application for leave to appeal, Completed on: 2012-02-13 Julian Fantino, Commissioner of the Ontario Provincial Police
2012-02-09 Correspondence received from, Brian Greenspan dated Feb 2, 2012 re: party added as a respondent (covers changed) Police Constable Kris Wood
2012-02-06 Correspondence received from, Julian Falconer dated Feb 3, 2012 re: request for an extension of time Ruth Schaeffer
2012-01-30 Correspondence received from, Marlys Edwardh dated Jan 30, 2012 re: extension of time Ian Scott, Director of the Special Investigations Unit
2012-01-18 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order
2012-01-16 Application for leave to appeal, Court of Appeal order missing - CA order form rec'd Feb 2, 2012 by fax - CA order rec'd March 12, Completed on: 2012-03-12 Police Constable Kris Wood