Case information
Consult our database for details on a Supreme Court of Canada case.
22442
Oshawa Group Limited v. Attorney General for Ontario
(Ontario) (Civil) (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) |
|---|---|---|
| 1997-09-09 | Appeal closed | |
| 1994-07-14 | Correspondence (sent by the Court) to, sent to Court of Appeal for ON (Toronto, ON) enclosing their record (15 boxes) | |
| 1993-08-31 | Discontinuance of the appeal, With service | Oshawa Group Limited |
| 1993-07-30 | Appeal removed from the list | |
| 1993-05-12 |
Decision on motion to adjourn the hearing of the appeal, to the Fall Session., CJ Granted, no order as to costs |
|
| 1993-05-12 | Hearing of motion to adjourn the hearing of the appeal, 1993-05-12, to the Fall Session., CJ | |
| 1993-05-12 | Submission of motion to adjourn the hearing of the appeal, 1993-05-12, to the Fall Session., CJ | |
| 1993-04-30 | Affidavit, to the fall session; Elizabeth Goldberg | Attorney General for Ontario |
| 1993-04-30 | Motion to adjourn the hearing of the appeal, to the fall session | Attorney General for Ontario |
| 1993-04-29 | General proceeding, will bring moion to remove the case from the current list | Oshawa Group Limited |
| 1993-04-23 | Appeal hearing | |
| 1993-02-15 | Respondent's factum, 25 copies (JOINT WITH 22559,22556)(SEE ORDER 05-02-93), with service | Attorney General for Ontario |
| 1993-02-09 | Proof of service, of notice of withdrawal | |
| 1993-02-05 | Notice of withdrawal | Attorney General of Saskatchewan |
| 1993-02-03 | Notice of withdrawal, With service | Attorney General of Newfoundland |
| 1993-01-25 |
Decision on motion to adjourn the hearing of the appeal, to the April 1993 session,, CJ Granted, no order as to costs |
|
| 1993-01-25 | Hearing of motion to adjourn the hearing of the appeal, 1993-01-25, to the April 1993 session,, CJ | |
| 1993-01-25 | Submission of motion to adjourn the hearing of the appeal, 1993-01-25, to the April 1993 session,, CJ | |
| 1993-01-15 | Response to the motion to adjourn the hearing of the appeal | Attorney General for Ontario |
| 1993-01-15 | Affidavit, (of Robert E. Charney, Crown Counsel) | Attorney General for Ontario |
| 1993-01-15 | Affidavit, (of Kent E. Thomson) | Oshawa Group Limited |
| 1993-01-15 | Motion to adjourn the hearing of the appeal, to the April 1993 session | Oshawa Group Limited |
| 1992-09-25 |
Decision on motion to adjourn the hearing of the appeal, to the January 1993 session., CJ Granted, no order as to costs |
|
| 1992-09-25 | Hearing of motion to adjourn the hearing of the appeal, 1992-09-25, to the January 1993 session., CJ | |
| 1992-09-25 | Submission of motion to adjourn the hearing of the appeal, 1992-09-25, to the January 1993 session., CJ | |
| 1992-09-24 | Response to the motion to adjourn the hearing of the appeal, to the winter session | Attorney General for Ontario |
| 1992-09-24 | Affidavit, to the winter session (of Kent E. Thomson) | Oshawa Group Limited |
| 1992-09-24 | Motion to adjourn the hearing of the appeal, to the January 1993 session (winter session) | Oshawa Group Limited |
| 1992-09-22 | Notice of hearing, With service | Oshawa Group Limited |
| 1992-07-06 | Appeal perfected for hearing, Session beginning on 1993-10-04 | |
| 1992-05-27 | Order on motion to file a lengthy factum, With service | |
| 1992-05-12 | Proof of service, 1 copy of factum, with service | |
| 1992-05-11 | Appellant's factum, 23 copies | Oshawa Group Limited |
| 1992-05-11 | Certified casebook, vol. I to III (service dated March 12, 1992), with service | Oshawa Group Limited |
| 1992-05-07 |
Decision on motion to file a lengthy factum, of 60 pages and also allowing the respondent to file a 60 page factum, cost in the appeal., So Granted, no order as to costs |
|
| 1992-05-07 | Hearing of motion to file a lengthy factum, 1992-05-07, of 60 pages and also allowing the respondent to file a 60 page factum, cost in the appeal., So | |
| 1992-05-07 | Submission of motion to file a lengthy factum, 1992-05-07, of 60 pages and also allowing the respondent to file a 60 page factum, cost in the appeal., So | |
| 1992-05-06 | Motion to file a lengthy factum | Oshawa Group Limited |
| 1992-05-06 | Affidavit, on behalf of Kent E. Thomson | Oshawa Group Limited |
| 1992-03-23 | Notice of intervention respecting a constitutional question, With service | Attorney General of Newfoundland |
| 1992-03-20 | Notice of intervention respecting a constitutional question, 2 copies, with service | Attorney General of Quebec |
| 1992-03-17 | Notice of withdrawal | Loblaws Supermarkets Limited |
| 1992-03-16 | Notice of intervention respecting a constitutional question, With service | Attorney General of Saskatchewan |
| 1992-03-12 | General proceeding, Application Record (Reg. Mun. of Peel) 10 copies of volumes 1-2A-2B-3A-3B-4A-4B-5A-5B-6A-6B-7A- 7B-8-9-10A-10B-11A-11B-12-13A-13B-14-15A-15B-15C- 16-17A-17B | Oshawa Group Limited |
| 1992-03-12 | General proceeding, A.G. of Ontario's Fresh Evidence Brief, 10 copies of vols. 1 to 4 | Oshawa Group Limited |
| 1992-03-12 | General proceeding, Fresh Evidence Brief of the Respondent, 10 copies | Oshawa Group Limited |
| 1992-03-12 | Case on appeal, 23 copies of supplementary, vols. 1 to 3 | Oshawa Group Limited |
| 1992-03-12 | General proceeding, Appeal Book, 10 copies (Volume 1A) | Oshawa Group Limited |
| 1992-03-12 | General proceeding, Trial proceedings, 10 copies of vols. 1 and 2 | Oshawa Group Limited |
| 1992-03-02 | Order granting leave to appeal, With service | |
| 1992-02-24 | Notice of constitutional question(s), With service | Oshawa Group Limited |
| 1992-02-19 | Order on motion to state a constitutional question | |
| 1992-02-19 | Order on motion to extend time, to state Constitutional Questions, | |
| 1992-02-17 | Order on motion to dispense with printing | |
| 1992-02-13 | General proceeding, (TO NOTE) 5 boxes of Court of Appeal material sent to Gowling for the purpose of printing the case on appeal | |
| 1992-02-13 |
Decision on motion to extend time, to state Constitutional Questions,, CJ Granted, no order as to costs |
|
| 1992-02-13 | Hearing of motion to extend time, 1992-02-13, to state Constitutional Questions,, CJ | |
| 1992-02-13 | Submission of motion to extend time, 1992-02-13, to state Constitutional Questions,, CJ | |
| 1992-02-13 |
Decision on the motion to state a constitutional question, " For Constitutional Questions see file or Reg's red book #8 @ p.267. Intentions of interventions are to filed by Mar\23\1992., CJ Granted, no order as to costs |
|
| 1992-02-13 | Hearing of the motion to state a constitutional question, 1992-02-13, " For Constitutional Questions see file or Reg's red book #8 @ p.267. Intentions of interventions are to filed by Mar\23\1992., CJ | |
| 1992-02-13 | Submission of motion to state a constitutional question, 1992-02-13, " For Constitutional Questions see file or Reg's red book #8 @ p.267. Intentions of interventions are to filed by Mar\23\1992., CJ | |
| 1992-02-13 |
Decision on motion to extend time, to state Constitutional Questions,, CJ Granted, no order as to costs |
|
| 1992-02-13 | Hearing of motion to extend time, 1992-02-13, to state Constitutional Questions,, CJ | |
| 1992-02-13 | Submission of motion to extend time, 1992-02-13, to state Constitutional Questions,, CJ | |
| 1992-02-12 | Affidavit, of the Case on Appeal; Edward Babin | Oshawa Group Limited |
| 1992-02-12 | Motion to dispense with printing, of the Case on Appeal, with service | Oshawa Group Limited |
| 1992-02-12 |
Decision on motion to dispense with printing, With service, Reg, for an order permitting to file 10 copies of the case on appeal in the same form as the appeal books which were filed with the Court of Appeal for Ontario and for an order permitting the appellant to file 24 copies of supplementary case vols. 1, 2, 3 in accordance to Rule 33. Granted, no order as to costs |
|
| 1992-02-12 | Hearing of motion to dispense with printing, 1992-02-12, With service, Reg | |
| 1992-02-12 | Submission of motion to dispense with printing, 1992-02-12, With service, Reg | |
| 1992-02-12 | Correspondence (sent by the Court) to, (by fax) from Hart Schwartz; re: consents to the constitutional question and consents to the motion to dispense | |
| 1992-02-11 | Motion to state a constitutional question, With service | Oshawa Group Limited |
| 1992-02-11 | Motion to extend time, to state Constitutional Questions, | Oshawa Group Limited |
| 1992-02-11 | Correspondence (sent by the Court) to, (by fax) from Hart Schwartza; re: constitutional questions acceptable, except #2 | |
| 1991-12-19 | Close file on Leave | |
| 1991-12-18 | Notice of deposit of security, With service | |
| 1991-12-13 | $500 security deposit paid, direction #2217 (paid by McCarthy Tétreault) | Loblaws Supermarkets Limited |
| 1991-12-13 | Notice of deposit of security, With service | |
| 1991-12-13 | Notice of appeal, With service | Loblaws Supermarkets Limited |
| 1991-12-12 | Notice of appeal, 2 copies, with service | Oshawa Group Limited |
| 1991-12-12 | $500 security deposit paid, direction #2214 (paid by Tory Tory) | Oshawa Group Limited |
| 1991-11-14 | Notice of deposit of judgment issued to all parties, Tory, Tory, DesLauriers & Binnington (Toronto,ON) | |
| 1991-11-14 | Notice of deposit of judgment issued to all parties, Elizabeth Goldberg c/o Ministry of the Attorney General (Toronto,ON) | |
| 1991-11-14 |
Judgment of the Court on the application for leave to appeal, CJ So McL, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1991-11-14 | Hearing of the application for leave to appeal, 1991-11-14, CJ So McL | |
| 1991-11-14 | All materials on application for leave submitted to the Judges, 1991-11-14, CJ So McL | |
| 1991-08-14 | Correspondence received from, from C. Alain sent to Mr. Timothy S.B. Danson c/o Danson, Recht & Freedman (Toronto,ON) advising him that the panel of the Court is aware of his request and will take it into account. The Court suggests that you proceed with your application for leave to | |
| 1991-07-18 | General proceeding, to note memeo from C. Alain issued to Chief Justice Lamer & Justices Sopinka & McLachlin attaching coies of letters dated June 27, 1991 & July 15, 1991 from Timothy S.B. Danson. Launched proceedigns before the courts in Ontario challenging the constituti | |
| 1991-07-18 | Correspondence received from, from Timothy S.B. Danson; re: to bring this letter to the attention of the court | |
| 1991-07-16 | All materials on application for leave submitted to the Judges, CJ So McL | |
| 1991-07-15 | General proceeding, to note orders of Court of Appeal dated 1991-03-20, file no. 455/90; 1991-03-20, file no. 530/90; 1991-06-20, file no. 533/90 senp up to justices for their consideration. | |
| 1991-06-27 | Correspondence received from, sent to Tory, Tory, DesLaurier & Binnington (Toronto,ON) enclosing receipt for $30 filing fee. | |
| 1991-06-25 | General proceeding, APPLICANTS' REPLY 5 copies, with service | Oshawa Group Limited |
| 1991-06-24 | Application for leave to appeal, as formal orders filed, Completed on: 1991-06-24 | |
| 1991-06-24 | General proceeding, formal orders filed | Oshawa Group Limited |
| 1991-06-10 | Respondent's response on the application for leave to appeal, 5 copies, with service | Attorney General for Ontario |
| 1991-05-21 | Court of Appeal casebooks and transcripts of evidence, + Trial transcripts (15 BOXES) | |
| 1991-05-21 | Application for leave to appeal, 5 copies (missing 3 formal Orders of C.A.), with service, Incomplete | Oshawa Group Limited |
| 1991-05-15 | Order on motion to file a lengthy memorandum of argument | |
| 1991-05-09 |
Decision on motion to file a lengthy memorandum of argument, So, namely 40 pages in support of the application for leave to appeal and also that the respondent pay the cost of this application and also to abridging the time to serve this motion. Factum of the appellant and the A.G. Ontario is not to exceed 40 pages. "NO COSTS" Granted, no order as to costs |
|
| 1991-05-09 | Hearing of motion to file a lengthy memorandum of argument, 1991-05-09, So | |
| 1991-05-09 | Submission of motion to file a lengthy memorandum of argument, 1991-05-09, So | |
| 1991-05-06 | Affidavit, (namely up to 40 pages) Kent E. Thomson (2 copies bound in motion record), with service | Oshawa Group Limited |
| 1991-05-06 | Motion to file a lengthy memorandum of argument, (namely up to 40 pages) 2 copies (bound in motion record), with service | Oshawa Group Limited |
| 1991-05-06 | $30.00 filing fee, receipt #22551 | Oshawa Group Limited |
| 1991-05-06 | Notice of application for leave to appeal, 2 copies (bound in motion record), with service | Oshawa Group Limited |
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 |
|---|---|---|
| Oshawa Group Limited | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General for Ontario | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Quebec | Intervener | Active |
Counsel
Party: Oshawa Group Limited
Counsel
3000 Aetna Tower
PO Box 270 Stn Toronto Dominion
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-0040
FAX: (416) 865-7380
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General for Ontario
Counsel
720 BAY ST
7TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4460
FAX: (416) 326-4015
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General of Quebec
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Summary
Keywords
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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.
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Lower court rulings
Supreme Court of Ontario
2828/89
Declaration that Retail Business Holidays Act constitutionally invalid
Court of Appeal for Ontario
Not available
Appeal allowed
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
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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.
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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.
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