Docket

36315

World Bank Group v. Kevin Wallace, et al.

(Ontario) (Criminal) (By Leave)

(Sealing order)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2017-06-07 Correspondence received from, (Letter Form), Erika Buhrmann (by email). Publication ban is lifted. Her Majesty the Queen in Right of Canada
2016-05-04 Appeal closed
2016-05-02 Formal judgment sent to the registrar of the court of appeal and all parties
2016-05-02 Judgment on appeal and notice of deposit of judgment sent to all parties
2016-04-29 Judgment on the appeal rendered, CJ Abe Cro Mo Ka Wa Ga Côt Br, The appeal from the decision of the Ontario Superior Court of Justice, Number CR-13-90000727, 2014 ONSC 7449, dated December 23, 2014, heard on November 6, 2015, is allowed and the production order is set aside. The respondents’ motion to strike is dismissed. There is no order as to costs.
Allowed, no order as to costs
2015-12-21 Order on miscellaneous motion, (by THE COURT)
2015-12-21 Decision on miscellaneous motion, UPON APPLICATION by the respondents, Kevin Wallace, Zulifquar Bhuiyan, Ramesh Shah and Mohammad Ismail, for an order redacting the transcript and video recording of the oral argument of the appeal heard on November 6, 2015, to remove the two (2) statements made by the appellant’s counsel identified in the respondents’ motion;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion to redact the transcript and video recording of the oral argument of the appeal is granted. The publicly available versions of the transcript and video recording will be redacted accordingly. The original versions of these records will be maintained on file and will be accessible to the Court, court staff and parties. This order remains in effect until such time as it is amended or vacated.
Granted
2015-12-21 Submission of miscellaneous motion, , the Court
2015-11-30 Response to miscellaneous motion, (Letter Form), Completed on: 2015-11-30, (Electronic version filed on 2015-11-30) Her Majesty the Queen in Right of Canada
2015-11-26 Notice of miscellaneous motion, (Book Form), SEALED : Motion Record to restrict publication and access. Copy of the Order received 2015-11-27., Completed on: 2015-11-26, (Electronic version filed on 2015-11-26) Kevin Wallace
2015-11-24 Correspondence received from, (Letter Form), Appellant re : Mr. Lenczner is out of the country. He is coming back December 1, 2015., (Electronic version filed on 2015-11-25) World Bank Group
2015-11-23 Correspondence received from, (Letter Form), SEALED : Scott K. Fenton for the Respondent, Kevin Wallace concerning the public broadcast of the hearing of November 6, 2015., (Electronic version filed on 2015-11-25) Kevin Wallace
2015-11-23 Transcript received, original sealed and redacted copy received 2016-01-22 (143 pages).
2015-11-06 Judgment reserved OR rendered with reasons to follow
2015-11-06 General proceeding, Questionnaire concerning the publication ban Her Majesty the Queen in Right of Canada
2015-11-06 General proceeding, Questionnaire concerning the publication ban Mohammad Ismail
2015-11-06 General proceeding, Questionnaire concerning the publication ban Ramesh Shah
2015-11-06 General proceeding, Questionnaire concerning the publication ban Zulfiquar Bhuiyan
2015-11-06 General proceeding, Questionnaire concerning the publication ban Kevin Wallace
2015-11-06 General proceeding, Questionnaire concerning the publication ban World Bank Group
2015-11-06 Hearing of the appeal, 2015-11-06, CJ Abe Cro Mo Ka Wa Ga Côt Br
Judgment reserved
2015-11-06 Respondent's condensed book, (Book Form), Filed in Court. Zulfiquar Bhuiyan
2015-11-06 Respondent's condensed book, (Book Form), Filed in Court. Kevin Wallace
2015-11-06 Respondent's condensed book, (Book Form), Filed in Court. Her Majesty the Queen in Right of Canada
2015-11-06 Appellant's condensed book, (Book Form), Filed in the Court. World Bank Group
2015-11-03 Correspondence received from, (Letter Form), agent Nadia Effendi regarding the presentation sequence of the two Interveners. Transparency International Canada Inc. and Transparency International e.V.
2015-10-30 Appeal perfected for hearing
2015-10-29 Notice of appearance, For the Appellant, Alan J. Lenczner, Q.C., Scott Rollwagen and Chris Kinnear-Hunter will be appearing at the hearing and Mr. Lenczner will present oral arguments. World Bank Group
2015-10-28 Correspondence received from, (Letter Form), agent for the appellant, stating Tab 28 (Volume II) of the Book of Authorities was the wrong document. Paper copy to remplace., (Electronic version filed on 2015-10-28) World Bank Group
2015-10-28 Notice of appearance, For the Respondent, Zulfiquar Bhuiyan, Frank Addario and Megan Savard will be appearing at the hearing and Mr. Addario will present oral arguments. Zulfiquar Bhuiyan
2015-10-28 Notice of appearance, For the Respondent, Kevin Wallace, Scott K. Fenton and Lynda E. Morgan will be appearing at the hearing and Mr. Fenton will present oral arguments. Kevin Wallace
2015-10-28 Notice of appearance, For the Interveners, European Bank for Reconstruction and
Development, et al., Guy J. Pratte and Nadia Effendi will be appearing and Mr. Pratte will present oral arguments.
European Bank for Reconstruction and Development, Organisation for Economic Co-Operation and Development, African Development Bank Group, Asian Development Bank, Inter-American Development Bank, and Nordic Investment Bank
2015-10-28 Notice of appearance, For the Intervener, British Columbia Civil Liberties Association, Gerald Chan and Nader R. Hasan will be appearing and Mr. Chan will present oral arguments. British Columbia Civil Liberties Association
2015-10-28 Notice of appearance, For the Intervener, Criminal Lawyers' Association of Ontario, Scott C. Hutchison and Samuel Walker will be appearing and Mr. Hutchison will present oral arguments. Criminal Lawyers' Association of Ontario
2015-10-28 Notice of appearance, Nicholas E. Devlin and François Lacasse will be appearing and Mr. Devlin will present the oral arguments. Her Majesty the Queen in Right of Canada
2015-10-28 Order by, Cro, FURTHER TO THE ORDER dated October 7, 2015, granting leave to intervene to the Criminal Lawyers’ Association (Ontario), Transparency International Canada Inc. and Transparency International e.V. (joint), the British Columbia Civil Liberties Association, and the European Bank for Reconstruction and Development, Organisation for Economic Co-Operation and Development, the African Development Bank Group, the Asian Development Bank, the Inter-American Development Bank and Nordic Investment Bank (joint);
IT IS HEREBY ORDERED THAT:

The four (4) interveners or groups of interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2015-10-26 Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2015-10-26) Her Majesty the Queen in Right of Canada
2015-10-23 Certificate (on limitations to public access), (Letter Form), amended certificate received 2015-10-29., (Electronic version filed on 2015-10-29) Her Majesty the Queen in Right of Canada
2015-10-23 Notice of appearance, Mark A. Gelowitz and Geoffrey Grove will appear on behalf of the Intervener, Transparency International Canada Inc. et Transparency International e.V. Transparency International Canada Inc. and Transparency International e.V.
2015-10-23 Correspondence received from, (Letter Form), agent re : confirming joint Book of Authorities and joint Record., (Electronic version filed on 2015-10-23) Kevin Wallace
2015-10-23 Respondent's record, (Book Form), (19 volumes), joint., Completed on: 2015-10-23, (Electronic version filed on 2015-10-23) Kevin Wallace
2015-10-23 Respondent's book of authorities, (Book Form), (3 volumes), Completed on: 2015-10-23, (Electronic version filed on 2015-10-23) Her Majesty the Queen in Right of Canada
2015-10-23 Respondent's factum, (Book Form), 2 redacted versions received 2015-10-29., Completed on: 2015-10-23, (Electronic version filed on 2015-10-23) Her Majesty the Queen in Right of Canada
2015-10-23 Respondent's factum, (Book Form), Completed on: 2015-10-23, (Electronic version filed on 2015-10-23) Kevin Wallace
2015-10-23 Respondent's book of authorities, (Book Form), (2 volumes), joint., Completed on: 2015-10-26, (Electronic version filed on 2015-10-23) Kevin Wallace
2015-10-23 Respondent's factum, Completed on: 2015-10-23, (Electronic version filed on 2015-10-23) Zulfiquar Bhuiyan
2015-10-23 Intervener's book of authorities, (Book Form), (5 volumes), Completed on: 2015-10-26, (Electronic version filed on 2015-10-26) European Bank for Reconstruction and Development, Organisation for Economic Co-Operation and Development, African Development Bank Group, Asian Development Bank, Inter-American Development Bank, and Nordic Investment Bank
2015-10-23 Intervener's factum, (Book Form), Completed on: 2015-10-26, (Electronic version filed on 2015-10-26) European Bank for Reconstruction and Development, Organisation for Economic Co-Operation and Development, African Development Bank Group, Asian Development Bank, Inter-American Development Bank, and Nordic Investment Bank
2015-10-23 Intervener's book of authorities, (Book Form), Completed on: 2015-10-23, (Electronic version filed on 2015-10-23) British Columbia Civil Liberties Association
2015-10-23 Intervener's factum, (Book Form), Completed on: 2015-10-23, (Electronic version filed on 2015-10-23) British Columbia Civil Liberties Association
2015-10-23 Intervener's book of authorities, (Book Form), Completed on: 2015-10-23, (Electronic version filed on 2015-10-23) Criminal Lawyers' Association of Ontario
2015-10-23 Intervener's factum, (Book Form), Completed on: 2015-10-23, (Electronic version filed on 2015-10-23) Criminal Lawyers' Association of Ontario
2015-10-23 Intervener's book of authorities, (Book Form), Completed on: 2015-10-23, (Electronic version filed on 2015-10-23) Transparency International Canada Inc. and Transparency International e.V.
2015-10-23 Intervener's factum, (Book Form), Completed on: 2015-10-23, (Electronic version filed on 2015-10-23) Transparency International Canada Inc. and Transparency International e.V.
2015-10-21 Correspondence received from, (Letter Form), lawyer for the Intervener, Criminal Lawyer's Association of Ontario, appointing an agent. Criminal Lawyers' Association of Ontario
2015-10-16 Correspondence received from, 7 reserved seats requested World Bank Group
2015-10-08 Correspondence received from, 6 reserved seats requested. 2 more seats. Her Majesty the Queen in Right of Canada
2015-10-07 Order on motion for leave to intervene, by Justice Cromwell
2015-10-07 Decision on the motion for leave to intervene, Cro, UPON APPLICATIONS by the Criminal Lawyers' Association (Ontario), Transparency International Canada Inc. and Transparency International e.V. (joint), the British Columbia Civil Liberties Association, and the European Bank for Reconstruction and Development, Organisation for Economic Co-Operation and Development, the African Development Bank Group, the Asian Development Bank, the Inter-American Development Bank and Nordic Investment Bank (joint) 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 are granted and each of the said interveners or groups of interveners shall be entitled to serve and file a factum not to exceed ten (10) pages in length in this appeal on or before October 23, 2015.
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.
Granted
2015-10-02 Order on motion to strike out, by Justice Cromwell
2015-10-02 Decision on motion to strike out, Cro, UPON APPLICATION by the respondents, Kevin Wallace, Zulfiquar Bhuiyan, Ramesh Shah and Mohammad Ismail, for an order striking the following materials from the appellant’s factum on the ground that they are new evidence:
1. The affidavit of Galina Mikhlin-Oliver, Director of Strategy and Core Services of the World Bank Group’s Integrity Vice Presidency, sworn February 18, 2015, which was included in the appellant’s application for leave to appeal and now in the appellant’s appeal record (at Volume I, Tab 5);
2. The affidavit of Tanit Loraine Gilliam, Senior Counsel with the Public Prosecution Service of Canada, sworn March 10, 2015, which was included in the Crown’s response to the leave application, and now in the appellant’s appeal record (at Vol VI, Tab 7); and
3. The World Bank Group’s transmission log (at Vol VI, Tab 9 of appellant’s appeal record).
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT: The motion to strike is referred to the panel of the Court hearing the appeal and may be argued at the commencement of the hearing. If so argued, the time required for the argument of these motions will be deducted from the time allotted to the appellants and respondent for the presentation of their submissions on the appeal.
Referred
2015-10-02 Submission of motion for leave to intervene, Cro
2015-10-02 Submission of motion to strike out, Cro
2015-09-28 Reply to motion to strike out, (Book Form), Completed on: 2015-09-28, (Electronic version filed on 2015-09-28) Kevin Wallace
2015-09-25 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2015-09-25, (Electronic version filed on 2015-09-25) Transparency International Canada Inc. and Transparency International e.V.
2015-09-25 Reply to the motion for leave to intervene, (Letter Form), original copy received 2015-10-01., Completed on: 2015-09-25, (Electronic version filed on 2015-09-25) European Bank for Reconstruction and Development, Organisation for Economic Co-Operation and Development, African Development Bank Group, Asian Development Bank, Inter-American Development Bank, and Nordic Investment Bank
2015-09-23 Response to the motion for leave to intervene, (Letter Form), Completed on: 2015-09-23, (Electronic version filed on 2015-09-23) Kevin Wallace
2015-09-22 Response to the motion for leave to intervene, Completed on: 2015-09-22 Her Majesty the Queen in Right of Canada
2015-09-21 Response to motion to strike out, (Book Form), Completed on: 2015-09-21, (Electronic version filed on 2015-09-21) World Bank Group
2015-09-21 Response to motion to strike out, (Letter Form), Completed on: 2015-09-21, (Electronic version filed on 2015-09-21) Her Majesty the Queen in Right of Canada
2015-09-17 Intervener's book of authorities, (Book Form), Completed on: 2015-09-17, (Electronic version filed on 2015-09-17) European Bank for Reconstruction and Development, Organisation for Economic Co-Operation and Development, African Development Bank Group, Asian Development Bank, Inter-American Development Bank, and Nordic Investment Bank
2015-09-17 Motion for leave to intervene, (Book Form), (4 volumes), Original copies of Affidavit received 2015-09-17. agent for the Intervener, European Bank for Reconstruction and Development, et al. submit new cover for the 4 volumes of the motion and the book of authorities (counsel changed). 2015-09-28., Completed on: 2015-09-17, (Electronic version filed on 2015-09-17) European Bank for Reconstruction and Development, Organisation for Economic Co-Operation and Development, African Development Bank Group, Asian Development Bank, Inter-American Development Bank, and Nordic Investment Bank
2015-09-17 Motion for leave to intervene, (Book Form), Proof of service missing. Received 2015-09-21., Completed on: 2015-09-22, (Electronic version filed on 2015-09-21) British Columbia Civil Liberties Association
2015-09-17 Motion for leave to intervene, Completed on: 2015-09-17 Transparency International Canada Inc. and Transparency International e.V.
2015-09-16 Correspondence received from, (Letter Form), (Electronic version filed on 2015-09-16) Kevin Wallace
2015-09-16 Respondent's book of authorities, (Book Form), Completed on: 2015-09-16, (Electronic version filed on 2015-09-16) Kevin Wallace
2015-09-16 Motion to strike out, (Book Form), Completed on: 2015-09-16, (Electronic version filed on 2015-09-16) Kevin Wallace
2015-09-15 Notice of name, (Letter Form), (Electronic version filed on 2015-09-15) Criminal Lawyers' Association of Ontario
2015-09-15 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-09-15) Criminal Lawyers' Association of Ontario
2015-09-15 Motion for leave to intervene, (Book Form), Completed on: 2015-09-15, (Electronic version filed on 2015-09-15) Criminal Lawyers' Association of Ontario
2015-09-10 Notice of hearing sent to parties
2015-09-04 Certificate of counsel (attesting to record) World Bank Group
2015-09-01 Appellant's book of authorities, (2 volumes), Completed on: 2015-09-01 World Bank Group
2015-09-01 Appellant's record, (6 volumes), Completed on: 2015-09-01 World Bank Group
2015-09-01 Appellant's factum, Completed on: 2015-09-01 World Bank Group
2015-08-24 Appeal hearing scheduled, 2015-11-06
Judgment reserved
2015-07-29 Notice of appeal, Completed on: 2015-07-29 World Bank Group
2015-07-28 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2015-07-27 Order by, CJ, IT IS HEREBY ORDERED THAT:
1. The appellant’s record, factum and book of authorities shall be served and filed on or before September 3, 2015.
2. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before September 17, 2015.
3. The appellant and respondents shall serve and file their responses, if any, to the motions for leave to intervene on or before September 23, 2015.
4. Replies to any responses to the motions for leave to intervene shall be served and filed on or before September 25, 2015.
5. The respondents’ records, factums and books of authorities shall be served and filed on or before October 23, 2015.
6. Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before October 23, 2015.
7. The appeal is scheduled to be heard on November 6, 2015.
Granted
2015-07-24 Correspondence received, from counsel for the Criminal Lawyers' Association of Ontario (proposed intervener) regarding steps being taken to expedite the hearing.
2015-07-03 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2015-07-03 Judgment on leave sent to the parties
2015-07-02 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 Ontario Superior Court of Justice, Number CR-13-90000727, 2014 ONSC 7449, dated December 23, 2014, is granted.
Granted
2015-07-02 Decision on motion to expedite the application for leave to appeal, See Judgment on leave application.
Granted
2015-06-18 Correspondence (sent by the Court) to, all parties re: motion to expedite
2015-06-12 Correspondence received from, the applicant re: motion to expedite World Bank Group
2015-06-08 All materials on application for leave submitted to the Judges, Ro Cro Mo
2015-06-08 Submission of motion to expedite the application for leave to appeal, Ro Cro Mo
2015-03-31 Reply to motion to expedite the application for leave to appeal, (Included in the applicant's reply to respondent's argument), Completed on: 2015-03-31 World Bank Group
2015-03-31 Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-03-31, (Electronic version filed on 2015-03-31) World Bank Group
2015-03-31 Correspondence received from, (Letter Form), Karen Collins, Gowlings re : clarify the name of the agent for each respondents., (Electronic version filed on 2015-03-31) Kevin Wallace
2015-03-31 Response to the motion to expedite the application for leave to appeal, (Letter Form), Completed on: 2015-03-31, (Electronic version filed on 2015-03-31) World Bank Group
2015-03-27 Response to the motion to expedite the application for leave to appeal, (Letter Form), Completed on: 2015-03-27, (Electronic version filed on 2015-03-27) Zulfiquar Bhuiyan
2015-03-27 Response to the motion to expedite the application for leave to appeal, (Letter Form), Completed on: 2015-03-27, (Electronic version filed on 2015-03-27) Kevin Wallace
2015-03-24 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-03-24) Kevin Wallace
2015-03-24 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-03-24, (Electronic version filed on 2015-03-24) Kevin Wallace
2015-03-24 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-03-24) Zulfiquar Bhuiyan
2015-03-24 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-03-24, (Electronic version filed on 2015-03-24) Zulfiquar Bhuiyan
2015-03-24 Motion to expedite the application for leave to appeal, (Book Form), (Included in the respondent's response on the application for leave to appeal), Completed on: 2015-03-24 Her Majesty the Queen in Right of Canada
2015-03-24 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-03-24, (Electronic version filed on 2015-03-24) Her Majesty the Queen in Right of Canada
2015-03-24 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-03-24) Her Majesty the Queen in Right of Canada
2015-02-23 Letter acknowledging receipt of a complete application for leave to appeal
2015-02-20 Certificate (on limitations to public access), (Letter Form), Amended version 2015-02-24., (Electronic version filed on 2015-02-20) World Bank Group
2015-02-20 Application for leave to appeal, (Book Form), File opened 2015-02-23., Completed on: 2015-02-20, (Electronic version filed on 2015-02-20) World Bank Group
2015-02-19 Notice of name, (Letter Form), (Electronic version filed on 2015-02-20) World Bank Group