Docket

37112

Joseph Peter Paul Groia v. Law Society of Upper Canada

(Ont.) (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)
2018-06-25 Appeal closed
2018-06-25 Correspondence (sent by the Court) to, Appellant, re: proposes to counsel that a motion be served and filed if the issue is to be brought before a Judge.
2018-06-21 Correspondence received from, (Letter Form), Appellant, re: nothing more to add. Joseph Peter Paul Groia
2018-06-21 Correspondence received from, (Letter Form), Respondent, re: in reply to Mr. Cherniak's request. Law Society of Upper Canada
2018-06-19 Correspondence (sent by the Court) to, Counsel for the Appellant, re: Registrar's response to the letter rec' d June 5, 2018. (sent by email and regular mail)
2018-06-05 Correspondence received from, (Letter Form), Counsel for the Appellant, re: issue with respect to the Judgment at paragraph 147. Joseph Peter Paul Groia
2018-06-04 Formal judgment sent to the registrar of the court of appeal and all parties
2018-06-04 Judgment on appeal and notice of deposit of judgment sent to all parties
2018-06-01 General proceeding, (Letter Form), sign-in sheet Director of Public Prosecutions
2018-06-01 Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row,
The appeal from the judgment of the Court of Appeal for Ontario, Number C60520, 2016 ONCA 471, dated June 14, 2016, heard on November 6, 2017, is allowed. The decision of the Law Society Appeal Panel with respect to the finding of professional misconduct against the appellant and with respect to the penalty imposed is set aside, and the complaints against the appellant are dismissed. Costs are awarded to the appellant in this Court and in the courts below, as well as in the proceedings before the Law Society. Karakatsanis, Gascon and Rowe JJ. dissent.
Allowed, costs in this Court and courts below
2018-05-17 Media lock-up consent form received from, Cara Faith Zwibel - includes undertaking for remote access to judgment Canadian Civil Liberties Association
2018-05-11 Media lock-up consent form received from, J. Thomas Curry - including the undertaking for remote release of judgment Law Society of Upper Canada
2018-05-09 Media lock-up consent form received from, Allan Rouben - includes the undertaking for remote release of judgment Ontario Trial Lawyers Association
2018-05-09 Media lock-up consent form received from, Paul Cavalluzzo - WIll not participate Ontario Crown Attorneys' Association
2018-05-08 Media lock-up consent form received from, Lisa Mallia - includes undertaking for remote release of judgment Law Society Tribunal
2018-05-08 Media lock-up consent form received from, Earl A. Cherniak, Q.C. - including undertaking for remote release of judgment Joseph Peter Paul Groia
2018-05-08 Media lock-up consent form received from, Sylvie Champagne and André-Philippe Mallette, including undertaking for remote release of judgment Barreau du Québec
2018-05-08 Media lock-up consent form received from, Frank Addario, including the undertaking for remote release of judgment Criminal Lawyers' Association of Ontario
2018-05-07 Media lock-up consent form received from, Thomas P. Connolly, includes Undertaking for Remote Release of Judgment Ontario Trial Lawyers Association
2018-05-07 Media lock-up consent form received from, Terrence O'Sullivan, including Undertaking for Remote Release of Judgment Advocates' Society
2018-05-03 Media lock-up letter, consent form and undertaking sample sent to all parties
2018-04-23 Correspondence received from, Corey Villeneuve, by email, Re: response to letter from registrar regarding lockup Law Society of Upper Canada
2018-04-19 Correspondence received from, Jeff Beedell, by email, Re: response to letter from Registrar regarding lock-up Joseph Peter Paul Groia
2018-04-18 Correspondence (sent by the Court) to, all parties, Re: lockup proposed
2018-04-18 Media lock-up requested or proposed
2017-11-20 Transcript received, 176 pages
2017-11-06 Judgment reserved OR rendered with reasons to follow
2017-11-06 Hearing of the appeal, 2017-11-06, CJ Abe Mo Ka Wa Ga Côt Br Row
Judgment reserved
2017-11-06 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Barreau du Québec
2017-11-06 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Law Society Tribunal
2017-11-06 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Criminal Lawyers' Association of Ontario
2017-11-06 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Advocates' Society
2017-11-06 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Law Society of Upper Canada
2017-11-06 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Joseph Peter Paul Groia
2017-11-03 Correspondence received from, (Letter Form), 1 reserved seat requested. Ms. Sylvie Champagne will not be present for the hearing. Barreau du Québec
2017-10-31 Notice of appearance, (Letter Form), Gregory DelBigio, Q.C. and Alison M. Latimer will be present at the hearing. Mr. DelBigio will present oral arguments. Federation of Law Societies of Canada
2017-10-30 Correspondence received from, (Letter Form), Proposed speaking order for the interveners in support of the Respondent (on consent). Law Society of Upper Canada
2017-10-27 Correspondence received from, (Letter Form), 4 reserved seats requested (in lieu of 3) Advocates' Society
2017-10-27 Notice of appearance, (Letter Form), Cara Zwibel will be present at the hearing and will present oral arguments. Canadian Civil Liberties Association
2017-10-26 Correspondence (sent by the Court) to, Counsel for AG Saskatchewan, re: contact and location information provided for the videoconference.
2017-10-25 Notice of appearance, (Letter Form), Paul Cavalluzzo and Adrienne Telford will be present at the hearing. Mr. Cavalluzzo will present oral arguments. Ontario Crown Attorneys' Association
2017-10-25 Notice of appearance, Milan Rupic will be present for the hearing and will present oral arguments. Attorney General of Ontario
2017-10-25 Correspondence received from, Agent for the intervener, AG Ontario - Me Major will now be counsel for the agent. Attorney General of Ontario
2017-10-23 Correspondence received from, (Letter Form), 2 reserved seats requested Canadian Bar Association
2017-10-23 Notice of appearance, (Letter Form), Pierre Bienvenu, Andres C. Garin and Jean-Christophe Martel will be present at the hearing. Mr. Bienvenu will present oral arguments. Canadian Bar Association
2017-10-20 Correspondence received from, (Letter Form), 3 reserved seats requested. Criminal Lawyers' Association of Ontario
2017-10-20 Notice of appearance, (Letter Form), Allan Rouben, Thomas Connolly and Darcy Romaine will be present at the hearing. Mr. Rouben will present oral arguments. Ontario Trial Lawyers Association
2017-10-20 Notice of appearance, (Letter Form), Frank Addario, Samara Secter and Robin Parker will be present at the hearing. Mr. Addario will present oral arugments. Criminal Lawyers' Association of Ontario
2017-10-20 Notice of appearance, (Letter Form), Lisa Mallia will be present at the hearing and will present oral arguments. Law Society Tribunal
2017-10-19 Notice of appearance, (Letter Form), Joseph J. Arvay, Q.C. and Catherine George will be present at the hearing. Mr. Arvay will present oral arguments. British Columbia Civil Liberties Association
2017-10-19 Notice of appearance, (Letter Form), Sharon H. Pratchler, Q.C. will be appearing via video-conference and will present oral arguments. Attorney General for Saskatchewan
2017-10-19 Notice of appearance, (Letter Form), Earl A. Cherniak, Q.C., and Martin Mendelzon will be present at the hearing. Mr. Cherniak will present oral arguments. Joseph Peter Paul Groia
2017-10-19 Correspondence received from, (Letter Form), 2 reserved seats requested. Law Society of Upper Canada
2017-10-19 Notice of appearance, (Letter Form), J. Thomas Curry, Jaan E. Lilles and Andrew M. Porter will be present at the hearing. Mr. Curry will present oral arguments. Law Society of Upper Canada
2017-10-18 Notice of appearance, (Letter Form), Jim Sutton and Allyson Ratsoy will be present at the hearing. Mr. Sutton will present oral arguments. Director of Public Prosecutions
2017-10-12 Notice of appearance, André-Philippe Mallette and Sylvie Champagne will be present at the hearing. Mr. Mallette will present oral arguments. Barreau du Québec
2017-10-11 Correspondence received from, 3 reserved seats requested Advocates' Society
2017-10-11 Notice of appearance, (Letter Form), Terrence O'Sullivan, Deborah Templer and Matthew Law will be present at the hearing. Mr. O'Sullivan will present oral arguments. Advocates' Society
2017-10-06 Correspondence (sent by the Court) to, AG Saskatchewan - The request to participate by video conference has been approved.
2017-10-02 Order by, Row,
UPON APPLICATIONS by the Director of Public Prosecution and the Attorney General for Saskatchewan to present oral argument at the hearing of the appeal with respect to the Notice of Constitutional Question filed by the appellant on March 3, 2017;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The Director of Public Prosecution and the Attorney General for Saskatchewan are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
Granted
2017-08-23 Correspondence received from, 20 reserved seats requested Joseph Peter Paul Groia
2017-08-21 Appeal perfected for hearing
2017-08-21 Appeal hearing scheduled, 2017-11-06
Judgment reserved
2017-08-18 Notice of hearing sent to parties
2017-08-16 Reply factum on appeal, (Book Form), Completed on: 2017-08-16 Joseph Peter Paul Groia
2017-08-16 Correspondence received from, Lynne Watt dated 2017-08-16 (by e-mail). Re: Videoconference requested for hearing Attorney General for Saskatchewan
2017-08-16 Reply factum on appeal, (Book Form), Page 9 amended 2017/08/18 (inserted into the books), Completed on: 2017-08-16 Law Society of Upper Canada
2017-08-01 Notice of change of counsel, (Book Form), Robin Parker of Paradign Law Group LLP is now co-counsel for the Intervener. Criminal Lawyers' Association of Ontario
2017-08-01 Intervener's factum, (Book Form), service missing-rec'd 2017/08/02, Completed on: 2017-08-01 Criminal Lawyers' Association of Ontario
2017-08-01 Intervener's factum, (Book Form), Completed on: 2017-08-01 Barreau du Québec
2017-08-01 Intervener's factum, (Book Form), Completed on: 2017-08-01 Canadian Civil Liberties Association
2017-07-31 Intervener's book of authorities, (Book Form), Completed on: 2017-07-31 Attorney General of Ontario
2017-07-31 Intervener's factum, (Book Form), Completed on: 2017-07-31 Attorney General of Ontario
2017-07-31 Intervener's book of authorities, (Book Form), Completed on: 2017-07-31 Advocates' Society
2017-07-31 Intervener's factum, (Book Form), Completed on: 2017-07-31 Advocates' Society
2017-07-31 Intervener's factum, (Book Form), Completed on: 2017-07-31 Federation of Law Societies of Canada
2017-07-28 Intervener's factum, (Book Form), Service on Canadian Bar Association missing-rec'd 2017/08/02, Completed on: 2017-07-28 British Columbia Civil Liberties Association
2017-07-28 Intervener's factum, (Book Form), Paper copies received 2017-07-31, Completed on: 2017-07-31 Ontario Crown Attorneys' Association
2017-07-27 Intervener's book of authorities, (Book Form), Completed on: 2017-07-27 Canadian Bar Association
2017-07-27 Intervener's factum, (Book Form), Completed on: 2017-07-27 Canadian Bar Association
2017-07-26 Intervener's factum, (Book Form), paper copy rec'd 2017/07/27, Completed on: 2017-07-26 Ontario Trial Lawyers Association
2017-07-20 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2017-07-20 Director of Public Prosecutions
2017-07-17 Intervener's factum, (Book Form), Completed on: 2017-07-17 Attorney General for Saskatchewan
2017-07-14 Correspondence received from, Debra Diepeveen (by email). Matthew J. Halpin is agent for the intervener. Canadian Bar Association
2017-07-13 Intervener's factum, (Book Form), Completed on: 2017-07-13 Law Society Tribunal
2017-07-12 Order on motion to file a reply factum on appeal, (BY JUSTICE ROWE)
2017-07-12 Decision on the motion to file a reply factum on appeal, Row, UPON APPLICATION by the respondent, The Law Society of Upper Canada, for an order granting leave to serve and file a single factum not exceeding ten (10) pages in reply to the factum of the interveners, on or before August 16, 2017;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2017-07-12 Submission of motion to file a reply factum on appeal, Row
2017-07-04 Response to motion to file a reply factum on appeal, (Letter Form), Completed on: 2017-07-04 Canadian Bar Association
2017-06-30 Response to motion to file a reply factum on appeal, (Letter Form), Completed on: 2017-06-30 Advocates' Society
2017-06-26 Response to motion to file a reply factum on appeal, (Letter Form), Completed on: 2017-06-26 Joseph Peter Paul Groia
2017-06-26 Response to motion to file a reply factum on appeal, (Letter Form), Completed on: 2017-06-26 Director of Public Prosecutions
2017-06-26 Motion to file a reply factum on appeal, (Letter Form), Completed on: 2017-06-26 Law Society of Upper Canada
2017-06-21 Correspondence received from, Respondent, request to file a reply factum to the interveners' factums. Law Society of Upper Canada
2017-06-20 Supplemental document, Court of Appeal for Ontario Supplementary Compendium (Electronic only), Completed on: 2017-06-20 Law Society of Upper Canada
2017-06-20 Supplemental document, Court of Appeal for Ontario Compendium (Electronic only), Completed on: 2017-06-20 Law Society of Upper Canada
2017-06-20 Certificate of counsel (attesting to record), (Letter Form) Law Society of Upper Canada
2017-06-20 Respondent's book of authorities, (Book Form), Completed on: 2017-06-20 Law Society of Upper Canada
2017-06-20 Respondent's record, (Book Form), Completed on: 2017-06-20 Law Society of Upper Canada
2017-06-20 Respondent's factum, (Book Form), Completed on: 2017-06-20 Law Society of Upper Canada
2017-06-20 Order on motion for leave to intervene, (BY MR. JUSTICE ROWE)
2017-06-20 Decision on the motion for leave to intervene, Row, UPON APPLICATION by the Attorney General of Ontario, the Law Society Tribunal, The Advocates’ Society, the Barreau du Québec, the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association and the Independent Criminal Defence Advocacy Society (jointly), the Federation of Law Societies of Canada, the Ontario Crown Attorneys’ Association, the Ontario Trial Lawyers Association, the Canadian Bar Association and the Criminal Lawyers’ Association of Ontario 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 the said eleven (11) interveners or group of interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before August 1, 2017.
The said eleven (11) interveners or group of interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The appellant is permitted to serve and file a single factum not exceeding ten (10) pages in reply to all interveners on or before August 16, 2017.
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 intervention.
Granted
2017-06-20 Submission of motion for leave to intervene, Row
2017-06-05 Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-06-05, (Electronic version filed on 2017-06-05) Law Society of Upper Canada
2017-06-01 Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-06-01, (Printed version filed on 2017-06-02) Joseph Peter Paul Groia
2017-05-26 Notice of name Ontario Crown Attorneys' Association
2017-05-26 Correspondence received from, (Letter Form), Erika Buhrmann (by email). The intervener consent to the late service of the motion for leave to intervener from Ontario Trial Lawyers Association., (Electronic version filed on 2017-05-26) Director of Public Prosecutions
2017-05-26 Correspondence received from, (Letter Form), Karen Collins (by email). The intervener consent to the late service of the motion for leave to intervene from the Ontario Trial Lawyers Association., (Electronic version filed on 2017-05-26) Attorney General for Saskatchewan
2017-05-25 Notice of name, (Letter Form), (Electronic version filed on 2017-05-25) Ontario Trial Lawyers Association
2017-05-24 Notice of name, (Letter Form), (Electronic version filed on 2017-05-24) Criminal Lawyers' Association of Ontario
2017-05-24 Motion for leave to intervene, (Book Form), Completed on: 2017-05-24, (Electronic version filed on 2017-05-24) Criminal Lawyers' Association of Ontario
2017-05-24 Notice of name, (Letter Form), (Electronic version filed on 2017-05-24) Canadian Bar Association
2017-05-24 Motion for leave to intervene, (Book Form), Completed on: 2017-05-24 Ontario Crown Attorneys' Association
2017-05-24 Notice of name, (Letter Form), (Electronic version filed on 2017-05-24) Federation of Law Societies of Canada
2017-05-24 Motion for leave to intervene, (Book Form), Completed on: 2017-05-24, (Electronic version filed on 2017-05-24) Federation of Law Societies of Canada
2017-05-24 Notice of name, (Letter Form), (Electronic version filed on 2017-05-24) Canadian Civil Liberties Association
2017-05-24 Motion for leave to intervene, (Book Form), Completed on: 2017-05-24, (Electronic version filed on 2017-05-24) Canadian Civil Liberties Association
2017-05-23 Motion for leave to intervene, (Book Form), Payment missing, Completed on: 2017-05-30, (Electronic version filed on 2017-05-23) Canadian Bar Association
2017-05-23 Motion for leave to intervene, (Letter Form), Incomplete proof of service (received 2017-05-26)., Completed on: 2017-05-26, (Electronic version filed on 2017-05-23) Ontario Trial Lawyers Association
2017-05-23 Notice of name Barreau du Québec
2017-05-23 Motion for leave to intervene, (Book Form), Completed on: 2017-05-23 Barreau du Québec
2017-05-19 Notice of name, (Letter Form), (Electronic version filed on 2017-05-19) Independent Criminal Defence Advocacy Society
2017-05-19 Notice of name, (Letter Form), (Electronic version filed on 2017-05-19) British Columbia Civil Liberties Association
2017-05-19 Motion for leave to intervene, (Book Form), Joint motion from British Columbia Civil Liberties Association and Independent Criminal Defence Advocacy Society. Payment missing (received 2017-06-02)., Completed on: 2017-06-02, (Electronic version filed on 2017-05-19) British Columbia Civil Liberties Association
2017-05-19 Certificate (on limitations to public access), (Letter Form), REVISED version filed on 2017-05-25, (Electronic version filed on 2017-05-19) Advocates' Society
2017-05-19 Notice of name, (Letter Form), (Electronic version filed on 2017-05-19) Advocates' Society
2017-05-19 Motion for leave to intervene, (Book Form), Completed on: 2017-05-19, (Electronic version filed on 2017-05-19) Advocates' Society
2017-05-16 Motion for leave to intervene, (Book Form), Completed on: 2017-05-16, (Electronic version filed on 2017-05-16) Attorney General of Ontario
2017-05-15 Notice of name Law Society Tribunal
2017-05-15 Motion for leave to intervene, (Book Form), Completed on: 2017-05-15 Law Society Tribunal
2017-04-27 Certificate of counsel (attesting to record) Joseph Peter Paul Groia
2017-04-26 Certificate (on limitations to public access) Joseph Peter Paul Groia
2017-04-26 Appellant's book of authorities, (Book Form), 2 copies, Completed on: 2017-04-26 Joseph Peter Paul Groia
2017-04-26 Appellant's record, (Book Form), (3 volumes), (20 copies) Parts II, III and IV filed electronicaly only (Pursuant to rule 38.1(1)). - Not entered in C-Doc, Completed on: 2017-04-26 Joseph Peter Paul Groia
2017-04-26 Appellant's factum, (Book Form), Completed on: 2017-04-26 Joseph Peter Paul Groia
2017-03-30 Notice of name, (Letter Form), (Electronic version filed on 2017-03-30) Director of Public Prosecutions
2017-03-30 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2017-03-30, (Electronic version filed on 2017-03-30) Director of Public Prosecutions
2017-03-29 Notice of intervention respecting a constitutional question, Completed on: 2017-03-29 Attorney General for Saskatchewan
2017-03-03 Notice of constitutional question(s), Completed on: 2017-03-03 Joseph Peter Paul Groia
2017-03-03 Notice of appeal, Completed on: 2017-03-03 Joseph Peter Paul Groia
2017-02-03 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2017-02-03 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2017-02-03 Judgment on leave sent to the parties
2017-02-02 Judgment of the Court on the application for leave to appeal,
The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C60520, 2016 ONCA 471, dated June 14, 2016, is granted without costs.
Granted, without costs
2016-12-19 All materials on application for leave submitted to the Judges, for consideration by the Court
2016-09-09 Applicant's reply to respondent's argument, Completed on: 2016-09-09 Joseph Peter Paul Groia
2016-09-02 Certificate (on limitations to public access) Law Society of Upper Canada
2016-09-02 Notice of name Law Society of Upper Canada
2016-09-02 Book of authorities Law Society of Upper Canada
2016-09-02 Respondent's response on the application for leave to appeal, Completed on: 2016-09-02 Law Society of Upper Canada
2016-08-03 Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2016-08-03
2016-08-02 Certificate (on limitations to public access), (Included in the application for leave to appeal) Joseph Peter Paul Groia
2016-07-29 Application for leave to appeal, (2 volumes), Completed on: 2016-07-29 Joseph Peter Paul Groia