Case information
Consult our database for details on a Supreme Court of Canada case.
37564
Krishnan Suthanthiran, et al. v. Attorney General of Canada on behalf of the Kingdom of Belgium
(Ontario) (Criminal) (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) |
|---|---|---|
| 2018-01-22 | Close file on Leave | |
| 2018-01-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-01-19 | Judgment on leave sent to the parties | |
| 2018-01-18 |
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 C62547, 2017 ONCA 343, dated May 1, 2017, is dismissed. Dismissed |
|
| 2017-12-04 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-08-18 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-08-18 | Krishnan Suthanthiran |
| 2017-08-08 | Certificate (on limitations to public access) | Attorney General of Canada on behalf of the Kingdom of Belgium |
| 2017-08-08 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-08-08 | Attorney General of Canada on behalf of the Kingdom of Belgium |
| 2017-07-12 | Correspondence received from, (Letter Form), Scott C. Hutchison (by mail). RE: Questionnaire CA order. | Krishnan Suthanthiran |
| 2017-06-30 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2017-06-29 | Application for leave to appeal, (Book Form), Final C/A order missing (received 2017-07-12), Completed on: 2017-06-29 | Krishnan Suthanthiran |
| 2017-05-19 | Letter acknowledging receipt of a notice of application for leave to appeal | |
| 2017-05-19 | Correspondence received from, Matthew Gourlay dated 2017-05-17. Re: Complete application to be filed within the deadline | Krishnan Suthanthiran |
| 2017-05-19 | Certificate (on limitations to public access) | Krishnan Suthanthiran |
| 2017-05-19 | Notice of name | Krishnan Suthanthiran |
| 2017-05-19 | Notice of application for leave to appeal, (Letter Form), Completed on: 2017-05-19 | Krishnan Suthanthiran |
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 |
|---|---|---|
| Suthanthiran, Krishnan | Applicant | Active |
| Best Theratronics Ltd. and Best Medical Belgium Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada on behalf of the Kingdom of Belgium | Respondent | Active |
Counsel
Party: Suthanthiran, Krishnan
Counsel
Matthew R. Gourlay
235 King Street East
1st floor
Toronto, Ontario
M5A 1J9
Telephone: (416) 368-5000
FAX: (416) 368-6640
Email: shutchison@hhllp.ca
Agent
400-411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 780-2026
FAX: (613) 688-0271
Email: orees@conway.pro
Party: Best Theratronics Ltd. and Best Medical Belgium Inc.
Counsel
Matthew R. Gourlay
235 King Street East
1st floor
Toronto, Ontario
M5A 1J9
Telephone: (416) 368-5000
FAX: (416) 368-6640
Email: shutchison@hhllp.ca
Agent
400-411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 780-2026
FAX: (613) 688-0271
Email: orees@conway.pro
Party: Attorney General of Canada on behalf of the Kingdom of Belgium
Counsel
2127 - 284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-3528
FAX: (613) 957-8412
Email: jeffrey.johnston@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 556
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6289
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
Summary
Keywords
Private international law – Mutual legal assistance – Criminal law – Sending order granted pursuant to Mutual Legal Assistance in Criminal Matters Act – Sending hearing judge declining to impose terms and conditions in sending order – Whether the lower courts erred – Whether there are conflicting authorities – Mutual Legal Assistance in Criminal Matters Act, R.S.C. 1985, c. 30 (4th Supp), s. 15.
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.
Mr. Suthanthiran heads a group of companies which includes Best Theratronics Ltd. and Best Medical Belgium Inc. Belgium sought assistance from Canada under the mutual legal assistance treaty between the two countries. On behalf of Belgium, counsel for the Attorney General of Canada obtained a search warrant under s. 12 of the Mutual Legal Assistance in Criminal Matters Act, R.S.C. 1985, c. 30 (4th Supp). The warrant authorized the search of Best’s offices in Canada for records relating to what Belgium regarded as criminal transactions. The premises were searched and records seized. A judge of the Superior Court of Justice made the sending order, but declined to attach any terms or conditions restricting access to the documents to those involved in the criminal prosecution. The Court of Appeal dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
13167, 2016 ONSC 2162
See file
Ontario Superior Court of Justice
13167, 2016 ONSC 2162
See file
Court of Appeal for Ontario
M46358, 2016 ONCA 525
See file
Court of Appeal for Ontario
C62547, 2017 ONCA 343
See file
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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