Docket

35519

Julie Guindon v. Her Majesty the Queen

(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)
2016-02-09 Appeal closed
2016-02-08 Certificate of taxation issued to, Mr. Gordon Bourgard
2016-02-08 Decision on the bill of costs, in the amount of $462.45, Reg
2016-02-08 Submission of the bill of costs, Reg
2016-02-08 Certificate of taxation issued to, Mr. Gordon Bourgard
2016-02-08 Decision on the bill of costs, in the amount of $462.45, Reg
2016-02-08 Submission of the bill of costs, Reg
2016-02-08 Certificate of taxation issued to, Mr. Gordon Bourgard
2016-02-08 Decision on the bill of costs, in the amount of $9,406.37, Reg
2016-02-08 Submission of the bill of costs, Reg
2016-01-18 Response to the bill of costs, (Letter Form), Completed on: 2016-01-18 Canadian Constitution Foundation
2015-12-22 Bill of costs, Bill of Costs - to obtain costs from Chartered Professional Accountants Canada - Intervener (revised bill of costs filed 20/01/2016), Completed on: 2015-12-22 Her Majesty the Queen
2015-12-22 Bill of costs, Bill of Costs - to obtain costs from Canadian Constitution Foundation - Intervener (revised bill of costs filed 20/01/2016), Completed on: 2015-12-22 Her Majesty the Queen
2015-12-22 Bill of costs, Bill of Costs - to obtain costs from the Appellant, Completed on: 2015-12-22 Her Majesty the Queen
2015-08-04 Formal judgment sent to the registrar of the court of appeal and all parties
2015-08-04 Judgment on appeal and notice of deposit of judgment sent to all parties
2015-07-31 Judgment on the appeal rendered, Abe Ro Cro Mo Ka Wa Ga, The appeal from the judgment of the Federal Court of Appeal, Number A-459-12, 2013 FCA 153, dated June 12, 2013, heard on December 5, 2014, is dismissed with costs.
Dismissed, with costs
2014-12-22 Transcript received, (100 pages)
2014-12-05 Judgment reserved OR rendered with reasons to follow
2014-12-05 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Her Majesty the Queen
2014-12-05 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Julie Guindon
2014-12-05 Hearing of the appeal, 2014-12-05, Abe Ro Cro Mo Ka Wa Ga
Judgment reserved
2014-12-01 Correspondence received from, 10 reserved seats requested Her Majesty the Queen
2014-12-01 Correspondence received from, 17 reserved seats requested Julie Guindon
2014-11-27 Correspondence received from, Adam Aptowitzer dated 2014-11-27. Re: Error in paragraph 15 of their factum Julie Guindon
2014-11-26 Supplemental document, Supplemental book of authorities, Completed on: 2014-11-26 Julie Guindon
2014-11-24 Respondent's book of authorities, To Chartered Professional Accountants Canada, Completed on: 2014-11-24 Her Majesty the Queen
2014-11-24 Reply factum on appeal, To Chartered Professional Accountants Canada, Completed on: 2014-11-24 Her Majesty the Queen
2014-11-24 Respondent's book of authorities, To Canadian Constitution Foundation, Completed on: 2014-11-24 Her Majesty the Queen
2014-11-24 Reply factum on appeal, To Canadian Constitution Foundation, Completed on: 2014-11-24 Her Majesty the Queen
2014-11-20 Notice of appearance, Adam Aptowitzer, Alexandra Tzannidakis, Arthur Drache and Kenneth Jull will be present at the hearing. Julie Guindon
2014-11-19 Order by, Abe, FURTHER TO THE ORDER dated September 30, 2014, granting leave to intervene to the Chartered Professional Accountants Canada and the Canadian Constitution Foundation;
IT IS HEREBY FURTHER ORDERED THAT the factums of the two said interveners will be considered without the need for oral argument.
Granted
2014-11-19 Notice of appearance, No one appearing at the hearing. Attorney General of Quebec
2014-11-18 Intervener's book of authorities, (3 volumes), Completed on: 2014-11-18 Chartered Professional Accountants Canada
2014-11-18 Intervener's factum, Completed on: 2014-11-18 Chartered Professional Accountants Canada
2014-11-17 Intervener's book of authorities, Completed on: 2014-11-17 Canadian Constitution Foundation
2014-11-17 Intervener's factum, Completed on: 2014-11-17 Canadian Constitution Foundation
2014-11-10 Notice of appearance, Zachary Green will be present at the hearing. Attorney General of Ontario
2014-11-05 Intervener's book of authorities, (Book Form), Completed on: 2014-11-05, (Electronic version filed on 2014-11-04) Attorney General of Quebec
2014-11-04 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2014-11-04, (Electronic version filed on 2014-11-04) Attorney General of Quebec
2014-11-03 Intervener's book of authorities, Completed on: 2014-11-03 Attorney General of Ontario
2014-11-03 Intervener's factum - AG on constitutional question, Completed on: 2014-11-03 Attorney General of Ontario
2014-10-17 Notice of appearance, Dominic Belley and Vincent Dionne will be present at the hearing. Chartered Professional Accountants Canada
2014-10-14 Notice of appearance, Darryl Cruz, Brandon Kain and Kate Findlay will be present at the hearing. Canadian Constitution Foundation
2014-10-10 Correspondence received from, Alexandra Tzannidakis dated 2014-10-08. Re: Replace page 18 of the factum Julie Guindon
2014-10-10 Correspondence received from, Adam Aptowitzer dated 2014-10-08. Re: Names of co-counsel on the file Julie Guindon
2014-10-07 Appeal perfected for hearing
2014-10-01 Notice of hearing sent to parties
2014-09-30 Certificate of counsel (attesting to record), (Included in the respondent's record) Her Majesty the Queen
2014-09-30 Respondent's book of authorities, (3 volumes), Completed on: 2014-09-30 Her Majesty the Queen
2014-09-30 Respondent's record, Completed on: 2014-09-30 Her Majesty the Queen
2014-09-30 Respondent's factum, Completed on: 2014-09-30 Her Majesty the Queen
2014-09-30 Order on motion to extend time, (by CROMWELL J.)
2014-09-30 Decision on motion to extend time, (the motion is addressed in the order by CROMWELL J. signed 30/09/2014)., Cro
2014-09-30 Submission of motion to extend time, Cro
2014-09-30 Order on motion for leave to intervene, (by CROMWELL J.)
2014-09-30 Decision on the motion for leave to intervene, Cro, UPON APPLICATIONS by the Chartered Professional Accountants Canada and the Canadian Constitution Foundation for leave to intervene in the above appeal;
AND UPON APPLICATION by the respondent for an extension of time to serve and file its response to the motion for leave to intervene of the Chartered Professional Accountants Canada;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time to serve and file the respondent’s response to the motion for leave to intervene of the Chartered Professional Accountants Canada is granted.
The motions for leave to intervene by the Chartered Professional Accountants Canada and the Canadian Constitution Foundation are granted and the said interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before November 18, 2014.
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.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their interventions.
The respondent is permitted to serve and file factums not exceeding five (5) pages in reply to each of the interveners on or before November 25, 2014.
Granted
2014-09-30 Submission of motion for leave to intervene, Cro
2014-09-18 Discontinuance of motion for leave to intervene Ontario Securities Commission
2014-09-18 Reply to the motion for leave to intervene, Completed on: 2014-09-18, (Printed version filed on 2014-09-19) Canadian Constitution Foundation
2014-09-12 Respondent's book of authorities, (On response of the Queen to motion of OSC), Completed on: 2014-09-12 Her Majesty the Queen
2014-09-12 Response to the motion for leave to intervene, To Motion by Ontario Securities Commission, Completed on: 2014-09-12, (Electronic version filed on 2014-09-12) Her Majesty the Queen
2014-09-12 Respondent's book of authorities, (On Response by Queen to the motion to intervene), Completed on: 2014-09-12 Her Majesty the Queen
2014-09-12 Response to the motion for leave to intervene, Completed on: 2014-09-12, (Electronic version filed on 2014-09-12) Her Majesty the Queen
2014-09-11 Reply to the motion for leave to intervene, (Letter Form), Reply to the respondent's response, Completed on: 2014-09-11, (Printed version filed on 2014-09-12) Chartered Professional Accountants Canada
2014-09-10 Motion to extend time, (Book Form), To serve the appellant with the response to the motion to intervene, Completed on: 2014-09-10, (Electronic version filed on 2014-09-12) Her Majesty the Queen
2014-09-08 Respondent's book of authorities, On response to motion to Chartered Professional Accountants Canada, Completed on: 2014-09-08, (Electronic version filed on 2014-09-09) Her Majesty the Queen
2014-09-08 Response to the motion for leave to intervene, Motion for extension of time requested - Rec'd on 2014-09-10, Completed on: 2014-09-11, (Electronic version filed on 2014-09-09) Her Majesty the Queen
2014-09-05 Appeal hearing scheduled, 2014-12-05, (previously tentatively scheduled for December 1, 2014)
Judgment reserved
2014-09-02 Motion for leave to intervene, (Book Form), Completed on: 2014-09-02, (Electronic version filed on 2014-09-02) Ontario Securities Commission
2014-09-02 Intervener's book of authorities, (Book Form), 3 copies., Completed on: 2014-09-02, (Electronic version filed on 2014-09-02) Canadian Constitution Foundation
2014-09-02 Motion for leave to intervene, (Book Form), 3 copies., Completed on: 2014-09-02, (Electronic version filed on 2014-09-02) Canadian Constitution Foundation
2014-08-27 Notice of name, (Letter Form), (Electronic version filed on 2014-08-28) Chartered Professional Accountants Canada
2014-08-27 Motion for leave to intervene, (Book Form), Completed on: 2014-08-27, (Electronic version filed on 2014-08-28) Chartered Professional Accountants Canada
2014-08-06 Certificate of counsel (attesting to record), (Included in the appellant's record) Julie Guindon
2014-08-06 Appellant's book of authorities, Completed on: 2014-08-06 Julie Guindon
2014-08-06 Appellant's record, Completed on: 2014-08-06 Julie Guindon
2014-08-06 Appellant's factum, Completed on: 2014-08-07 Julie Guindon
2014-06-17 Notice of intervention respecting a constitutional question Attorney General of Quebec
2014-06-17 Notice of intervention respecting a constitutional question Attorney General of Ontario
2014-05-22 Notice of appearance, Gordon Bourgard and Eric Noble will be present at the hearing. Her Majesty the Queen
2014-05-21 Notice of constitutional question(s), AG of Quebec served May 21, 2014; All other Attorneys General served May 20, 2014 Julie Guindon
2014-05-14 Order on motion to state a constitutional question, (by THE CHIEF JUSTICE)
2014-05-14 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant 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. Does s. 163.2 of the Income Tax Act, R.S.C. 1985, c. 1 (5th Suppl.) infringe s. 11 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?
Any Attorney General who intervenes pursuant to Rule 61(4) shall pay the appellant and respondent the costs of any additional disbursements they incur as a result of the intervention.
Granted
2014-05-14 Submission of motion to state a constitutional question, CJ
2014-05-01 Response to the motion to state a constitutional question, (Letter Form), Completed on: 2014-05-01, (Electronic version filed on 2014-05-01) Her Majesty the Queen
2014-04-30 Correspondence received from, (Letter Form), Adam Aptowitzer, counsel for the Appellant, fax dated 04-30-2014, re.: Clarifying the wording in paragraph 3 in their Motion to State a Constitutional Question., (Electronic version filed on 2014-04-30) Julie Guindon
2014-04-22 Motion to state a constitutional question, Completed on: 2014-04-22, (Electronic version filed on 2014-04-22) Julie Guindon
2014-04-22 Notice of appeal, Completed on: 2014-04-22 Julie Guindon
2014-03-27 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2014-03-21 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2014-03-21 Judgment on leave sent to the parties
2014-03-20 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-459-12, 2013 FCA 153, dated June 12, 2013, is granted with costs in the cause.
Granted, with costs in the cause
2013-12-09 All materials on application for leave submitted to the Judges, Abe Ro Mo
2013-10-11 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-10-11 Her Majesty the Queen
2013-09-12 Letter acknowledging receipt of a complete application for leave to appeal
2013-09-11 Application for leave to appeal, (Book Form), Two volumes., Completed on: 2013-09-12 Julie Guindon