Docket

38087

Randolph (Randy) Fleming v. Her Majesty the Queen in Right of the Province of Ontario, 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)
2019-10-07 Appeal closed
2019-10-07 Formal judgment sent to the registrar of the court of appeal and all parties
2019-10-07 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-10-04 Judgment on the appeal rendered, CJ Abe Mo Côt Br Row Mar, The appeal from the judgment of the Court of Appeal for Ontario, Number C62876, 2018 ONCA 160, dated February 16, 2018, heard on March 21, 2019, is allowed. The order of the Ontario Court of Appeal is set aside and the trial judge’s order is restored. Costs are awarded throughout: costs in this Court and the agreed-upon trial and appeal costs of $151,000 and $48,000 respectively.
Allowed, costs in this Court and courts below
2019-04-05 Transcript received, 142 pages
2019-03-21 Judgment reserved OR rendered with reasons to follow
2019-03-21 Hearing of the appeal, 2019-03-21, CJ Abe Mo Côt Br Row Mar
Judgment reserved
2019-03-21 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Attorney General of Canada
2019-03-21 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Canadian Civil Liberties Association
2019-03-21 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Her Majesty the Queen in Right of the Province of Ontario
2019-03-21 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Randolph (Randy) Fleming
2019-03-18 Order on motion to extend time, by BROWN J.
2019-03-18 Decision on motion to extend time, Br,
UPON APPLICATION by the intervener, Canadian Constitution Foundation, for an order extending the time to file its factum and book of authorities to March 12, 2019, and for permission to present oral argument at the hearing of the appeal pursuant to Rule 71(3) of the Rules of the Supreme Court of Canada;
AND THE MATERIAL FILED having been read;
AND NOTING THAT the appellant and respondents consent to the motion;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2019-03-18 Submission of motion to extend time, Br
2019-03-14 Notice of appearance, (Letter Form), Bryant Mackey will appear before the court and will present oral arguments.
 Canadian Association of Chiefs of Police
2019-03-14 Response to motion to extend time, (Letter Form), Completed on: 2019-03-14 Her Majesty the Queen in Right of the Province of Ontario
2019-03-13 Response to motion to extend time, (Letter Form), Completed on: 2019-03-13 Randolph (Randy) Fleming
2019-03-13 Motion to extend time, (Book Form), to file the intervener's factum and book of authorities. Payment missing (received 2019-03-14)., Completed on: 2019-03-14, (Printed version filed on 2019-03-13) Canadian Constitution Foundation
2019-03-12 Intervener's book of authorities, (Book Form), Filed late (1 day), Motion for Extension of Time needed. (rec' 3/13/19), Completed on: 2019-03-14 Canadian Constitution Foundation
2019-03-12 Intervener's factum, (Book Form), Filed late (1 day), Motion for Extension of Time needed. (rec' 03/13/19), Completed on: 2019-03-15 Canadian Constitution Foundation
2019-03-11 Intervener's factum, (Book Form), Completed on: 2019-03-13 Attorney General of Canada
2019-03-11 Intervener's factum, (Book Form), Completed on: 2019-03-11 Canadian Association of Chiefs of Police
2019-03-11 Intervener's factum, (Book Form), Completed on: 2019-03-11 Canadian Association for Progress in Justice
2019-03-11 Intervener's factum, (Book Form), Completed on: 2019-03-11 Canadian Civil Liberties Association
2019-03-11 Correspondence received from, (Letter Form), 8 reserved seats requested.
 Randolph (Randy) Fleming
2019-03-08 Intervener's factum, (Book Form), Completed on: 2019-03-08 Attorney General of Quebec
2019-03-08 Intervener's factum, (Book Form), Completed on: 2019-03-08 Criminal Lawyers' Associaton (Ontario)
2019-03-08 Notice of appearance, (Letter Form), Lou Strezos and Michelle M. Biddulph will appear before the court. Lou Strezos will present oral arguments. Criminal Lawyers' Associaton (Ontario)
2019-03-07 Notice of appearance, (Letter Form), Éric Cantin and Stéphane Rochette will appear before the court. Mr. Cantin will present oral arguments.
 Attorney General of Quebec
2019-03-07 Notice of appearance, (Letter Form), Brandon Kain and Adam Goldenberg will appear before the court. Mr. Kain will present oral arguments. Canadian Constitution Foundation
2019-03-07 Appeal perfected for hearing
2019-03-06 Notice of appearance, (Letter Form), Ryan D.W. Dalziel and Kayla Strong will appear before the court. Mr. Dalziel will present oral arguments. Canadian Association for Progress in Justice
2019-03-06 Notice of appearance, (Letter Form), Sean Dewart, Adrienne Lei and Tim Gleason will appear before the court. Mr. Dewart will present oral arguments. Canadian Civil Liberties Association
2019-03-05 Notice of appearance, (Letter Form), Anne M. Turley and Zoe Oxaal will appear before the court.Ms. Turley will present oral arguments. Attorney General of Canada
2019-03-04 Notice of appearance, (Letter Form), Michael Bordin and Jordan Diacur will appear before the court. Mr. Bordin will present oral arguments.
 Randolph (Randy) Fleming
2019-03-01 Notice of appearance, (Letter Form), Judie Im, Sean Hanley, Baaba Forson and Ayah Barakat will be present at the hearing. Ms. Im and Mr. Hanley will present oral arguments. Her Majesty the Queen in Right of the Province of Ontario
2019-03-01 Certificate of counsel (attesting to record), (Letter Form) Her Majesty the Queen in Right of the Province of Ontario
2019-03-01 Respondent's book of authorities, (Book Form), Completed on: 2019-03-01 Her Majesty the Queen in Right of the Province of Ontario
2019-03-01 Respondent's record, (Book Form), (2 volumes), Completed on: 2019-03-01 Her Majesty the Queen in Right of the Province of Ontario
2019-03-01 Respondent's factum, (Book Form), Completed on: 2019-03-01 Her Majesty the Queen in Right of the Province of Ontario
2019-02-15 Notice of change of counsel, (Letter Form), Agent is now D. Lynne Watt of Gowling WLG (Canada) LLP. Randolph (Randy) Fleming
2019-02-14 Order on motion for leave to intervene, by BROWN J.
2019-02-14 Decision on the motion for leave to intervene, Br,
UPON APPLICATION by the Attorney General of Canada, the Attorney General of Quebec, the Canadian Association of Chiefs of Police, the Canadian Civil Liberties Association, the Criminal Lawyers’ Association (Ontario), the Canadian Association for Progress in Justice and the Canadian Constitution Foundation 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 seven (7) interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before March 11, 2019.
The said seven (7) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
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 respondents any additional disbursements resulting from their interventions.
Granted
2019-02-14 Submission of motion for leave to intervene, Br
2019-02-08 Correspondence received from, (Letter Form), 10 reserved seats requested Her Majesty the Queen in Right of the Province of Ontario
2019-02-08 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2019-02-08 Canadian Constitution Foundation
2019-02-06 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-02-06 Her Majesty the Queen in Right of the Province of Ontario
2019-02-05 Notice of name, (Letter Form) Attorney General of Quebec
2019-02-04 Other book of authorities, (Book Form), Book of authorities in support of motion for leave to intervene., Completed on: 2019-02-04 Canadian Constitution Foundation
2019-02-04 Notice of name, (Letter Form) Canadian Constitution Foundation
2019-02-04 Motion for leave to intervene, (Book Form), Completed on: 2019-02-04 Canadian Constitution Foundation
2019-02-04 Notice of name, (Letter Form) Canadian Association for Progress in Justice
2019-02-04 Motion for leave to intervene, (Book Form), Completed on: 2019-02-04 Canadian Association for Progress in Justice
2019-02-04 Notice of name, (Letter Form) Canadian Association of Chiefs of Police
2019-02-04 Motion for leave to intervene, (Book Form), Completed on: 2019-02-04 Canadian Association of Chiefs of Police
2019-02-04 Certificate (on limitations to public access), (Letter Form), Form 23A Attorney General of Canada
2019-02-04 Motion for leave to intervene, (Book Form), Completed on: 2019-02-04 Attorney General of Canada
2019-02-04 Motion for leave to intervene, (Book Form), MISSING: Notice of name (received 2019-02-05), Completed on: 2019-02-07 Attorney General of Quebec
2019-02-04 Notice of name, (Letter Form) Criminal Lawyers' Associaton (Ontario)
2019-02-04 Motion for leave to intervene, (Letter Form), Completed on: 2019-02-04 Criminal Lawyers' Associaton (Ontario)
2019-02-01 Certificate (on limitations to public access), (Letter Form), Form 23A Canadian Civil Liberties Association
2019-02-01 Notice of name, (Letter Form), MISSING: amended version (received 2019-02-01) Canadian Civil Liberties Association
2019-02-01 Motion for leave to intervene, (Letter Form), MISSING: amended notice of name (received 2019-02-01), Completed on: 2019-02-05 Canadian Civil Liberties Association
2019-01-14 Certificate of counsel (attesting to record), (Letter Form) Randolph (Randy) Fleming
2019-01-14 Appellant's record, (Book Form), (5 volumes), Completed on: 2019-01-14 Randolph (Randy) Fleming
2019-01-14 Appellant's factum, (Book Form), Completed on: 2019-01-14 Randolph (Randy) Fleming
2019-01-11 Notice of change of counsel, (Letter Form), Michael Bordin and Jordan Diacur will remain as counsel for the Appellant but now work with Gowling WLG (Canada) LLP. Randolph (Randy) Fleming
2018-12-10 Notice of hearing sent to parties
2018-12-06 Appeal hearing scheduled, 2019-03-21, The schedule for serving and filing the material is set as follows:

The notice of appeal shall be served and filed on or before November 26, 2018.

The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before January 14, 2019.

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 February 4, 2019.

The appellant and respondents shall serve and file their responses, if any, to the motions for leave to intervene on or before February 7, 2019.

Replies to any responses to the motions for leave to intervene shall be served and filed on or before February 8, 2019.

Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before March 11, 2019.

The respondents’ record, factum and book of authorities, if any, shall be served and filed on or before March 4, 2019.
Judgment reserved
2018-12-03 Correspondence received from, (Letter Form), Baaba Forson is now co-counsel in lieu of Erin Rizok. Her Majesty the Queen in Right of the Province of Ontario
2018-11-23 Certificate (on limitations to public access), (Letter Form) Randolph (Randy) Fleming
2018-11-23 Notice of appeal, (Letter Form), Completed on: 2018-11-23 Randolph (Randy) Fleming
2018-11-13 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2018-10-26 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2018-10-26 Judgment on leave sent to the parties
2018-10-25 Judgment of the Court on the application for leave to appeal,
The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C62876, 2018 ONCA 160, dated February 16, 2018, is granted with costs in the cause. The schedule for serving and filing materials will be set by the Registrar.
Granted, with costs in the cause
2018-10-25 Decision on motion to extend time to file and /or serve the leave application, See judgment on application.
Granted
2018-08-13 All materials on application for leave submitted to the Judges, for consideration by the Court
2018-08-13 Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court
2018-06-14 Applicant's reply to respondent's argument, (Letter Form), Completed on: 2018-06-14 Randolph (Randy) Fleming
2018-06-04 Certificate (on limitations to public access), (Letter Form) Her Majesty the Queen in Right of the Province of Ontario
2018-06-04 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-06-04 Her Majesty the Queen in Right of the Province of Ontario
2018-05-04 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2018/05/04
2018-04-27 Certificate (on limitations to public access), (Letter Form) Randolph (Randy) Fleming
2018-04-27 Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), on consent, Completed on: 2018-04-27 Randolph (Randy) Fleming
2018-04-27 Application for leave to appeal, (Book Form), Completed on: 2018-04-27 Randolph (Randy) Fleming