Case information
Consult our database for details on a Supreme Court of Canada case.
38727
Myriam Michail v. Ontario English Catholic Teachers’ Association, et al.
(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) |
|---|---|---|
| 2020-07-08 | Close file on Leave | |
| 2020-04-14 | Correspondence (sent by the Court) to, the applicant from the Registrar | |
| 2020-02-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-02-17 | Judgment on leave sent to the parties | |
| 2020-02-13 |
Decision on motion to extend time to file and /or serve the leave application, The miscellaneous motion and the motion for an extension of time to serve and file the application for leave to appeal are dismissed without costs. In any event, had the motion for an extension of time been granted, the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number M49592 (C65674), 2018 ONCA 857, dated October 25, 2018, would have been dismissed. Dismissed, without costs |
|
| 2020-02-13 |
Decision on motion to file a lengthy memorandum of argument, See decision on motion to extend time Dismissed, without costs |
|
| 2019-12-30 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-12-30 | Submission of motion to file a lengthy memorandum of argument, for consideration by the Court | |
| 2019-12-30 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2019-12-18 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2019-12-18 | Attorney General of Canada |
| 2019-12-17 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2019-12-17 | London District Catholic School Board |
| 2019-12-16 | Respondent's response on the application for leave to appeal, (Letter Form), Missing: Proof of Service (rec' 12/30/19), Completed on: 2019-12-30 | Ontario English Catholic Teachers’ Association |
| 2019-12-13 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2019-12-13 | Attorney General of Ontario |
| 2019-12-12 | Reconsideration not accepted for filing, Letter from Deputy Registrar | |
| 2019-11-18 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, SECOND APPLICATION - FILE OPENED 11/18/19 | |
| 2019-11-14 | Motion for reconsideration of the application for leave to appeal, (Book Form), FIRST APPLICATION FOR LEAVE TO APPEAL, Completed on: 2019-11-14 | Myriam Michail |
| 2019-10-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-10-18 | Judgment on leave sent to the parties | |
| 2019-10-17 |
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 M49883(C65674), 2019 ONCA 319, dated April 24, 2019, is dismissed. Dismissed |
|
| 2019-09-26 | Book of authorities, (Book Form), SECOND APPLICATION, Completed on: 2019-09-26 | Myriam Michail |
| 2019-09-26 | Certificate (on limitations to public access), (Letter Form), SECOND APPLICATION - Public Access to Information Form | Myriam Michail |
| 2019-09-26 | Motion to file a lengthy memorandum of argument, (Included in the application for leave to appeal), SECOND APPLICATION, Completed on: 2019-09-26 | Myriam Michail |
| 2019-09-26 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), SECOND APPLICATION, Completed on: 2019-09-26 | Myriam Michail |
| 2019-09-26 |
Application for leave to appeal, (Book Form), (3 volumes), SECOND APPLICATION Missing: CA Order (there's no CA Order), Trial Court Order, Completed on: 2019-12-30 |
Myriam Michail |
| 2019-09-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-09-03 | Correspondence received from, (Letter Form), Email | Myriam Michail |
| 2019-09-03 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-09-03 | Myriam Michail |
| 2019-08-23 | Respondent's response on the application for leave to appeal, (Letter Form), Respondent will not be submitting a response., Completed on: 2019-08-23 | Ontario English Catholic Teachers’ Association |
| 2019-08-22 | Respondent's response on the application for leave to appeal, (Letter Form), Respondent will not be submitting a response., Completed on: 2019-08-22 | Ontario Labour Relations Board |
| 2019-08-22 |
Respondent's response on the application for leave to appeal, (Letter Form), Respondent will not be submitting a response. , Completed on: 2019-08-22 |
London District Catholic School Board |
| 2019-08-22 | Certificate (on limitations to public access), 23A | Attorney General of Ontario |
| 2019-08-22 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2019-08-22 | Attorney General of Ontario |
| 2019-08-21 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2019-08-21 | Attorney General of Canada |
| 2019-07-29 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2019/07/29 | |
| 2019-06-28 | Letter acknowledging receipt of an application for leave to appeal | |
| 2019-06-24 | Certificate (on limitations to public access), (Letter Form) | Myriam Michail |
| 2019-06-24 |
Application for leave to appeal, (Book Form), Electronic copy of the application for leave - received August 23, 2019. Filing fees missing-rec'd 2019/07/30, Completed on: 2019-07-30 |
Myriam Michail |
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 |
|---|---|---|
| Michail, Myriam | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ontario English Catholic Teachers’ Association | Respondent | Active |
| Jarvis, Marshall | Respondent | Active |
| Muzzi, Bruno | Respondent | Active |
| Hogan, Fern | Respondent | Active |
| Schleen, Joanne | Respondent | Active |
| Malone, Shelley | Respondent | Active |
| Brescia, Sheila | Respondent | Active |
| London District Catholic School Board | Respondent | Active |
| Ontario Labour Relations Board | Respondent | Active |
Counsel
Party: Michail, Myriam
This party is not represented by counsel.
Party: Ontario English Catholic Teachers’ Association
Counsel
300 - 474 Bathurst Street
Toronto, Ontario
M5T 2S6
Telephone: (416) 964-1115
FAX: (416) 964-5895
Email: pcavalluzzo@cavalluzzo.com
Party: Jarvis, Marshall
Counsel
300 - 474 Bathurst Street
Toronto, Ontario
M5T 2S6
Telephone: (416) 964-1115
FAX: (416) 964-5895
Email: pcavalluzzo@cavalluzzo.com
Party: Muzzi, Bruno
Counsel
300 - 474 Bathurst Street
Toronto, Ontario
M5T 2S6
Telephone: (416) 964-1115
FAX: (416) 964-5895
Email: pcavalluzzo@cavalluzzo.com
Party: Hogan, Fern
Counsel
300 - 474 Bathurst Street
Toronto, Ontario
M5T 2S6
Telephone: (416) 964-1115
FAX: (416) 964-5895
Email: pcavalluzzo@cavalluzzo.com
Party: Schleen, Joanne
Counsel
300 - 474 Bathurst Street
Toronto, Ontario
M5T 2S6
Telephone: (416) 964-1115
FAX: (416) 964-5895
Email: pcavalluzzo@cavalluzzo.com
Party: Malone, Shelley
Counsel
300 - 474 Bathurst Street
Toronto, Ontario
M5T 2S6
Telephone: (416) 964-1115
FAX: (416) 964-5895
Email: pcavalluzzo@cavalluzzo.com
Party: Brescia, Sheila
Counsel
300 - 474 Bathurst Street
Toronto, Ontario
M5T 2S6
Telephone: (416) 964-1115
FAX: (416) 964-5895
Email: pcavalluzzo@cavalluzzo.com
Party: London District Catholic School Board
Counsel
680 Waterloo Street
PO Box 2520
London, Ontario
N6A 3V8
Telephone: (519) 660-7890
FAX: (519) 660-7891
Email: beth.traynor@siskinds.com
Party: Ontario Labour Relations Board
Counsel
505 University Avenue - 2nd Floor
Toronto, Ontario
M5G 2P1
Telephone: (416) 326-7450
FAX: (416) 326-6392
Email: aaron.hart@ontario.ca
Summary
Keywords
Charter of Rights — Freedom of expression — Applicant bringing application for judicial review of administrative decisions before Superior Court of Justice — Whether Attorney General of Ontario and Ministry of Justice should be accountable for failing their mandate to protect judicial system and acting in bad faith — Whether provisions of Courts of Justice Act are constitutional — Whether constitutional principal of open justice includes disclosure and publication of unredacted transcripts, audio and video recordings of proceedings of all decisions — Whether decision of Court of Appeal was constitutional and/or legal
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.
Ms. Michail was employed for many years with the London District Catholic School Board and in 2010, filed a grievance with the Ontario Labour Relations Board. In 2015, a grievance decision was rendered that dissatisfied Ms. Michail. She commenced a judicial review proceeding in the Superior Court of Justice, seeking, judicial review of the 2015 award. She also sought leave to have her application heard by a single judge of the Superior Court of Justice on an urgent basis pursuant to the Judicial Review Procedure Act, R.S.O. 1990, c. J.1. The Superior Court dismissed her application as it should have been brought before the Divisional Court. Ms. Michail filed a notice of appeal with the Court of Appeal for Ontario. The Court of Appeal subsequently granted the respondents’ motion to quash her appeal. Ms. Michail brought a motion seeking various relief including orders pertaining to audio recordings of court proceedings. Her motion was dismissed. Ms. Michail’s subsequent motion to review the previous order was dismissed.
Lower court rulings
Ontario Superior Court of Justice
624-17
See file
Ontario Superior Court of Justice
624-17, 2017 ONSC 3986
Applicant’s motion for leave to file her application for judicial review with Superior Court of Justice dismissed
Ontario Superior Court of Justice
624-17, 2017 ONSC 3986
See file
Court of Appeal for Ontario
Applicant’s motions dismissed; On consent, applicant’s motion for extension of time in which to perfect her appeal granted
Court of Appeal for Ontario
2018 ONSC 857, M49592, C65674
Respondent’s motion to quash applicant’s appeal of three interlocutory orders granted
Court of Appeal for Ontario
2018 ONCA 950, M49750 (C65674)
Applicant’s motions regarding, inter alia, audio recordings of court proceedings dismissed for lack of jurisdiction.
Court of Appeal for Ontario
2019 ONCA 319 , M49883, C65674
Applicant’s motion to obtain and disseminate audio recordings of court proceedings dismissed; Applicant’s motion to review decisions of motion judge dismissed
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