Docket
39875
F. v. N.
(Ontario) (Civil) (By Leave)
(Publication ban in case) (Publication ban on party)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-12-14 | Appeal closed | |
| 2022-12-02 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2022-12-02 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2022-12-02 | Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the judgment of the Court of Appeal for Ontario, Number C68926, 2021 ONCA 614, dated September 14, 2021, heard on April 12, 2022, is dismissed with costs. Karakatsanis, Brown, Martin and Jamal JJ. dissent. Dismissed, with costs |
|
| 2022-05-04 | Transcript received, 125 Pages | |
| 2022-04-14 | General proceeding, Case Sensitivity Questionnaire | F. |
| 2022-04-13 | General proceeding, Case Sensitivity Questionnaire | N. |
| 2022-04-12 | Judgment reserved OR rendered with reasons to follow | |
| 2022-04-12 | Hearing of the appeal, 2022-04-12, CJ Mo Ka Côt Br Row Mar Kas Ja Judgment reserved |
|
| 2022-04-11 | Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties | |
| 2022-04-08 | Certificate (on limitations to public access), 23B - Condensed book | N. |
| 2022-04-08 | Respondent's condensed book, (Book Form), (Printed version due on 2022-04-19) | N. |
| 2022-04-08 | Intervener's condensed book, (Book Form), (Printed version due on 2022-04-19) | Office of the Children's Lawyer |
| 2022-04-08 | Intervener's condensed book, (Book Form), (Printed version due on 2022-04-19) | Attorney General of Ontario |
| 2022-04-08 | Certificate (on limitations to public access), 23B - Condensed Book | F. |
| 2022-04-07 | Correspondence (sent by the Court) to, Correspondence re: upcoming hearing | |
| 2022-04-07 | Appellant's condensed book, (Book Form), (Electronic version filed on 2022-04-08) | F. |
| 2022-04-06 | Intervener's condensed book, (Book Form), (Printed version due on 2022-04-13) | Canadian Council of Muslim Women (CCMW) |
| 2022-04-04 | Correspondence received from, (Letter Form), filing of Amended/Redacted Respondent Record - Vol II of II (to substitute for unredacted version filed on March 7, 2022), (Printed version filed on 2022-04-04) | N. |
| 2022-03-31 | Correspondence (sent by the Court) to, Letters of direction regarding the upcoming hearing sent to parties | |
| 2022-03-29 | Certificate (on limitations to public access), 23B - Reply-Factum |
N. |
| 2022-03-29 | Reply factum on appeal, (Book Form), Reply factum to Interveners, Completed on: 2022-03-29, (Printed version filed on 2022-03-29) | N. |
| 2022-03-25 | Intervener's factum, (Book Form), Completed on: 2022-03-29, (Printed version filed on 2022-03-25) | Defence for Children International - Canada |
| 2022-03-25 | Intervener's book of authorities, (Book Form), Completed on: 2022-03-29, (Printed version filed on 2022-03-25) | Canadian Council of Muslim Women (CCMW) |
| 2022-03-25 | Intervener's factum, (Book Form), Completed on: 2022-03-29, (Printed version filed on 2022-03-25) | Canadian Council of Muslim Women (CCMW) |
| 2022-03-22 | Notice of appearance, (Letter Form), Paul-Erik Veel will be appearing and presenting oral argument. , (Printed version due on 2022-03-29) | Canadian Council of Muslim Women (CCMW) |
| 2022-03-17 | Notice of appearance, (Letter Form), Farrah Hudani and Jessica Luscombe will appear. Farrah Hudani will present oral argument. , (Printed version due on 2022-03-24) | Defence for Children International - Canada |
| 2022-03-14 | Intervener's factum, (Book Form), Completed on: 2022-03-16, (Printed version filed on 2022-03-14) | Office of the Children's Lawyer |
| 2022-03-14 | Intervener's book of authorities, (Book Form), Completed on: 2022-03-16, (Printed version filed on 2022-03-14) | Attorney General of Ontario |
| 2022-03-14 | Intervener's factum, (Book Form), Completed on: 2022-03-16, (Printed version filed on 2022-03-14) | Attorney General of Ontario |
| 2022-03-10 | Notice of appearance, (Letter Form), Bryan R.G. Smith, Lindsey Love-Forester, and Earl A. Cherniak, Q.C. will appear. Bryan R.G. Smith and Lindsey Love-Forester will present oral argument. , (Printed version due on 2022-03-17) |
N. |
| 2022-03-10 | Notice of appearance, (Letter Form), Caterina E. Tempesta and Sheena Scott will be appearing. Caterina E. Tempesta will present oral argument. , (Printed version due on 2022-03-17) | Office of the Children's Lawyer |
| 2022-03-08 | Notice of appearance, (Letter Form), Estée Garfin and Ravi Amarnath will be appearing. Estée Garfin will present oral argument. , (Printed version due on 2022-03-15) | Attorney General of Ontario |
| 2022-03-08 | Notice of appearance, (Letter Form), Fareen L. Jamal and Fadwa Yehia will be appearing and presenting oral argument. , (Printed version due on 2022-03-15) | F. |
| 2022-03-07 | Certificate of counsel (attesting to record), (Letter Form), 24B, (Printed version due on 2022-03-14) | N. |
| 2022-03-07 | Certificate (on limitations to public access), (Letter Form), 23B - Record, (Printed version due on 2022-03-14) | N. |
| 2022-03-07 | Certificate (on limitations to public access), (Letter Form), 23B - Factum, (Printed version due on 2022-03-14) | N. |
| 2022-03-07 | Respondent's book of authorities, (Book Form), Completed on: 2022-03-08, (Printed version filed on 2022-03-07) | N. |
| 2022-03-07 | Respondent's record, (Book Form), (2 volumes), - amended (redacted) copy of Record-Vol II rec'd 2022-04-04, Completed on: 2022-03-08, (Printed version filed on 2022-04-04) | N. |
| 2022-03-07 | Respondent's factum, (Book Form), Completed on: 2022-03-08, (Printed version filed on 2022-03-07) | N. |
| 2022-03-01 | Order on motion for leave to intervene, by MOLDAVER J. | |
| 2022-03-01 | Decision on the motion for leave to intervene, Mo, UPON APPLICATIONS by the Defence for Children International - Canada; the Barbra Schlifer Commemorative Clinic; and the Canadian Council of Muslim Women for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene by the Barbra Schlifer Commemorative Clinic is dismissed. The motions for leave to intervene by the Defence for Children International and the Canadian Council of Muslim Women are granted, and the said two (2) interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length, and a book of authorities, if any, on or before March 25, 2022. The said two (2) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The respondent is granted permission to serve and file a single factum in reply to all interventions not to exceed five (5) pages in length on or before March 29, 2022. 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 the respondent any additional disbursements resulting from their interventions. AND IT IS HEREBY FURTHER ORDERED THAT: The Attorney General of Ontario and the Office of the Children’s Lawyer are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Judgment accordingly |
|
| 2022-03-01 | Submission of motion for leave to intervene, Mo | |
| 2022-02-25 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-02-28, (Printed version due on 2022-03-04) | Defence for Children International - Canada |
| 2022-02-25 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-02-25, (Printed version due on 2022-03-04) | Canadian Council of Muslim Women (CCMW) |
| 2022-02-24 | Certificate (on limitations to public access), (Letter Form), 23B - Response to Motions for Leave to Intervene, (Printed version filed on 2022-03-07) | N. |
| 2022-02-24 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-02-24, (Printed version filed on 2022-03-07) | N. |
| 2022-02-24 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-02-24, (Printed version filed on 2022-03-01) | F. |
| 2022-02-21 | Order on miscellaneous motion, by MOLDAVER J. | |
| 2022-02-21 | Order on motion to adduce new evidence, by MOLDAVER J. | |
| 2022-02-21 | Decision on miscellaneous motion, See order on Motion to Adduce New Evidence., Mo Dismissed |
|
| 2022-02-21 | Decision on motion to adduce new evidence, Mo, UPON APPLICATION by the appellant for an order to adduce new evidence; AND UPON APPLICATION by the respondent for an order to adduce new evidence by way of a cross-motion; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion and the cross-motion are dismissed. Dismissed |
|
| 2022-02-21 | Submission of miscellaneous motion, Mo | |
| 2022-02-21 | Submission of motion to adduce new evidence, Mo | |
| 2022-02-18 | Notice of name, (Letter Form), (Printed version filed on 2022-02-22) | Canadian Council of Muslim Women (CCMW) |
| 2022-02-18 | Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-02-22) | Canadian Council of Muslim Women (CCMW) |
| 2022-02-18 | Notice of name, (Letter Form), (Printed version filed on 2022-03-01) | Barbra Schlifer Commemorative Clinic |
| 2022-02-18 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 03/03/22), Completed on: 2022-03-04, (Printed version filed on 2022-03-01) | Barbra Schlifer Commemorative Clinic |
| 2022-02-18 | Notice of name, (Letter Form), (Printed version due on 2022-02-25) | Defence for Children International - Canada |
| 2022-02-18 | Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2022-02-25) | Defence for Children International - Canada |
| 2022-02-17 | Certificate (on limitations to public access), (Letter Form), 23B - Reply to Motion and Response to the Cross-Motion, (Printed version due on 2022-02-24) | F. |
| 2022-02-17 | Response to miscellaneous motion, (Included in the reply to motion to adduce new evidence), Completed on: 2022-02-17 | F. |
| 2022-02-17 | Reply to motion to adduce new evidence, (Book Form), Completed on: 2022-02-17, (Printed version filed on 2022-03-01) | F. |
| 2022-02-10 | Notice of miscellaneous motion, (Included in the response to the motion to adduce new evidence), Cross-Motion to Adduce Further Evidence Missing: Filing Fee, Incomplete |
N. |
| 2022-02-10 | Certificate (on limitations to public access), (Letter Form), 23B - Response to Motion and Cross-Motion, (Printed version due on 2022-02-17) | N. |
| 2022-02-10 | Response to the motion to adduce new evidence, (Book Form), Cross-Motion to Adduce Further Evidence included in the response., Completed on: 2022-02-14, (Printed version filed on 2022-02-10) | N. |
| 2022-02-04 | Notice of hearing sent to parties | |
| 2022-02-04 | Appeal hearing scheduled, 2022-04-12, (previously scheduled for March 25, 2022) traversed to the Spring 2022 session as per order dated 2022-01-12 by the CJ Judgment reserved |
|
| 2022-01-31 | Certificate (on limitations to public access), (Letter Form), 23B - Record, (Printed version due on 2022-02-07) | F. |
| 2022-01-31 | Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2022-02-07) | F. |
| 2022-01-31 | Appellant's record, (Book Form), (14 volumes), Completed on: 2022-02-14, (Printed version filed on 2022-03-01) | F. |
| 2022-01-31 | Appellant's book of authorities, (Book Form), Completed on: 2022-02-14, (Printed version filed on 2022-03-01) | F. |
| 2022-01-31 | Certificate (on limitations to public access), (Letter Form), 23B - Factum, (Printed version filed on 2022-03-01) | F. |
| 2022-01-31 | Appellant's factum, (Book Form), Completed on: 2022-02-14, (Printed version filed on 2022-03-01) | F. |
| 2022-01-31 | Certificate (on limitations to public access), (Letter Form), 23B - Motion to adduce new evidence, (Printed version due on 2022-02-07) | F. |
| 2022-01-31 | Motion to adduce new evidence, (Book Form), Missing: Filing Fee (rec' 03/03/22), Completed on: 2022-01-31, (Printed version filed on 2022-03-01) | F. |
| 2022-01-12 | Order on motion to extend time, by the Chief Justice (sent to all parties by email) | |
| 2022-01-12 | Decision on motion to extend time, CJ, UPON APPLICATION by the appellant for an order to extend the time for all filing deadlines; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion to extend the time is granted. The hearing is adjourned and the appeal is traversed to the Spring 2022 session. The filing deadlines will be set as follows: Appellant’s factum, record and book of authorities, if any, to be served and filed on or before January 31, 2022. Respondent’s factum, record and book of authorities, if any, to be served and filed on or before March 7, 2022. Any person wishing to intervene in this appeal must serve and file a motion for leave to intervene on or before February 21, 2022. Any responses to the interventions to be served and filed on or before February 24, 2022. Any replies to the responses to the interventions to be served and filed on or before February 25, 2022. Any persons granted permission to intervene, if any, shall serve and file their facta, records and books of authorities, if any, on or before March 25, 2022. Granted |
|
| 2022-01-12 | Submission of motion to extend time, CJ | |
| 2022-01-07 | Response to motion to extend time, (Letter Form), Completed on: 2022-01-10 | N. |
| 2022-01-05 | Response to motion to extend time, Completed on: 2022-01-05 | Attorney General of Ontario |
| 2022-01-04 | Motion to extend time, (Letter Form), to serve and file appeal documents Missing: Filing Fee, Incomplete, (Printed version filed on 2022-01-14) |
F. |
| 2021-12-13 | Certificate (on limitations to public access), (Letter Form), Form 23B | F. |
| 2021-12-10 | Notice of appeal, (Book Form), require: 23B (received 2021-12-13), Completed on: 2021-12-16, (Printed version filed on 2021-12-15) | F. |
| 2021-12-03 | Notice of hearing sent to parties, Filing Deadlines as follows: NOTICE OF APPEAL To be served and filed no later than December 13, 2021. APPELLANT’S RECORD, FACTUM, AND BOOK OF AUTHORITIES To be served and filed no later than January 17, 2022. RESPONDENT’S RECORD, FACTUM AND BOOK OF AUTHORITIES To be served and filed no later than February 21, 2022. ANY PERSONS 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 To be served and filed no later than February 7, 2022. THE APPELLANT AND RESPONDENT SHALL SERVE AND FILE THEIR RESPONSE(S), IF ANY, TO THE MOTIONS FOR LEAVE TO INTERVENE To be served and filed no later than February 10, 2022. REPLIES TO ANY RESPONSES TO THE MOTIONS FOR LEAVE TO INTERVENE To be served and filed no later than February 11, 2022. 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, RECORD AND BOOK OF AUTHORITIES, IF ANY. To be served and filed no later than March 11, 2022 |
|
| 2021-12-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-12-02 | Judgment on leave sent to the parties | |
| 2021-12-02 | 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 C68926, 2021 ONCA 614, dated September 14, 2021, is granted with costs in the cause. Leave to appeal is granted only on the issues on which Lauwers J.A. dissented in the Court of Appeal for Ontario, specifically, whether the trial judge erred in the interpretation and application of ss. 23 and 40 of the Children’s Law Reform Act, R.S.O. 1990, c. C.12, and the relevance thereto of the “best interests of the child” principle. The hearing of the appeal will be expedited and will be heard on March 25, 2022. The schedule for serving and filing the appeal documents will be set by the Acting Registrar. Pursuant to s. 65.1(3) of the Supreme Court Act, R.S.C., 1985, c. S-26, paragraph 1 of the order of the Court of Appeal for Ontario dated October 1, 2021, is varied, and the stay of execution remains in force pending the disposition of this Court on the appeal. Granted, with costs |
|
| 2021-11-23 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-11-22 | Certificate (on limitations to public access), (Letter Form), 23B-Reply, (Printed version due on 2021-11-29) | F. |
| 2021-11-22 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2021-11-22, (Printed version due on 2021-11-29) | F. |
| 2021-11-15 | Correspondence received from, (Letter Form), AGO takes no position on the applicant's application for leave to appeal, (Printed version due on 2021-11-22) | Attorney General of Ontario |
| 2021-11-15 | Certificate (on limitations to public access), (Letter Form), 23B-Response, (Printed version due on 2021-11-22) | N. |
| 2021-11-15 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-11-15, (Printed version filed on 2021-11-15) | N. |
| 2021-11-05 | Order on motion to expedite the application for leave, by Justice Moldaver | |
| 2021-11-05 | Order on miscellaneous motion, (joint with order on motion to expedite) by Justice Moldaver | |
| 2021-11-05 | Decision on motion to expedite the application for leave to appeal, Mo, UPON APPLICATION by the respondent for an order to vacate the stay of proceedings granted by the Ontario Court of Appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion to vacate the stay is dismissed with costs to the applicant, F. The motion to expedite the consideration of the application for leave to appeal is granted, with no order as to costs. The deadlines for serving and filing the documents on the application for leave to appeal shall be as follows: a. The response to the application for leave to appeal shall be served and filed on or before November 15, 2021. b. The reply shall be served and filed on or before November 22, 2021. If leave to appeal is granted, the appeal will be expedited, unless otherwise ordered by the Court. Granted, no order as to costs |
|
| 2021-11-05 | Decision on the miscellaneous motion, Mo, (see full decision under decision to expedite) Dismissed, with costs |
|
| 2021-11-05 | Submission of motion to expedite the application for leave to appeal, Mo | |
| 2021-11-05 | Submission of miscellaneous motion, Mo | |
| 2021-11-03 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2021-11-03 | |
| 2021-11-02 | Correspondence received from, (Letter Form), Correspondence regarding the amended (further redacted) motion material, which was received on 2021-11-02., (Printed version due on 2021-11-09) | N. |
| 2021-11-02 | Certificate (on limitations to public access), (Letter Form), 23B-Reply to Response to Motion, (Printed version due on 2021-11-09) | N. |
| 2021-10-29 | Correspondence received from, (Letter Form), (Printed version due on 2021-11-05) | N. |
| 2021-10-29 | Certificate (on limitations to public access), (Letter Form), 23B-Application require: amended 23B (rec'd 2021-11-01), (Printed version filed on 2021-11-08) |
F. |
| 2021-10-29 | Certificate (on limitations to public access), (Letter Form), 23A-Application, (Printed version filed on 2021-11-08) | F. |
| 2021-10-29 | Application for leave to appeal, (Book Form), (2 volumes), require: amended 23B (rec'd 2021-11-01) received: amended application changing style of cause to include the Attorney General of Ontario as an Intervener and to add the hyperlink to Tab R of the Schedule A (received 2021-11-08, 2021-11-12), Completed on: 2021-11-03, (Printed version filed on 2021-11-08) |
F. |
| 2021-10-20 | Reply to motion to expedite the application for leave to appeal, (Book Form), (Included in the reply to miscellaneous motion), Reply to "Notice of Motion to Stay and Expedite Leave Application" require: 23B (rec'd 2021-11-02), Completed on: 2021-11-05, (Printed version filed on 2021-10-20) |
N. |
| 2021-10-20 | Reply to miscellaneous motion, (Book Form), Reply to "Notice of Motion to Stay and Expedite Leave Application" require: 23B (rec'd 2021-11-02), Completed on: 2021-11-05, (Printed version filed on 2021-10-20) |
N. |
| 2021-10-18 | Response to the motion to expedite the application for leave to appeal, (Book Form), (Included in the response to miscellaneous motion), Response to "Notice of Motion to Stay and Expedite Leave Application" require: amended 23B (rec'd 2021-11-01), Completed on: 2021-11-05, (Printed version filed on 2021-10-18) |
F. |
| 2021-10-18 | Response to miscellaneous motion, (Book Form), Response to "Notice of Motion to Stay and Expedite Leave Application" require: amended 23B (rec'd 2021-11-01), Completed on: 2021-11-05, (Printed version filed on 2021-10-18) |
F. |
| 2021-10-18 | Certificate (on limitations to public access), (Letter Form), 23B-Response to motion require: amended 23B (rec'd 2021-11-01), (Printed version filed on 2021-10-18) |
F. |
| 2021-10-18 | Certificate (on limitations to public access), (Letter Form), 23A-Response to motion, (Printed version filed on 2021-10-18) | F. |
| 2021-10-15 | Correspondence (sent by the Court) to, Correspondence sent from the Acting Registrar to the parties, in response to the filing of a notice of motion and supporting material, brought on behalf of "N" | |
| 2021-10-08 | Certificate (on limitations to public access), (Letter Form), 23B-Motion to stay/expedite require: amended 23B (rec'd 2021-11-02) |
N. |
| 2021-10-08 | Certificate (on limitations to public access), (Letter Form), 23A-Motion to stay/expedite, (Printed version filed on 2021-10-14) | N. |
| 2021-10-07 | Notice of miscellaneous motion, (Book Form), (2 volumes), "Notice of Motion to Stay and Expedite Leave Application" -Motion Record Volume 1 (rec'd 2021-10-07) -Motion Record Vol 1, Exhibit B to the Affidavit of N (video) (rec'd 2021-10-07) -Motion Record Volume 2 (rec'd 2021-10-07) -Motion Record Vol 1, Exhibit E to the Affidavit of N (video) (rec'd 2021-10-07) Amended motion rec'd 2021-11-02, includes the following further redacted material: -amended Motion Record Volume 1 (rec'd 2021-11-02) -amended Motion Record Volume 2 (rec'd 2021-11-02) Required: -amended 23B (rec'd 2021-11-02), Completed on: 2021-11-03, (Printed version due on 2021-10-15) , Completed on: 2021-11-05, (Printed version filed on 2021-10-08) |
N. |
| 2021-10-07 | Motion to expedite the application for leave to appeal, (Book Form), (Included in the notice of miscellaneous motion), "Notice of Motion to Stay and Expedite Leave Application" require: amended 23B (rec'd 2021-11-02), Completed on: 2021-11-03, (Printed version filed on 2021-10-08) |
N. |
- Date modified: