Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
38792
Kenneth Hill v. Brittany Beaver
(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) |
|---|---|---|
| 2020-02-06 | Close file on Leave | |
| 2020-01-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-01-17 | Judgment on leave sent to the parties | |
| 2020-01-16 |
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 C66285/M50431, 2019 ONCA 520, dated June 21, 2019, is dismissed with costs. Dismissed, with costs |
|
| 2019-12-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-10-30 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-10-30 | Kenneth Hill |
| 2019-10-21 | Certificate (on limitations to public access), 23A - No limitations | Brittany Beaver |
| 2019-10-21 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2019-10-21 | Brittany Beaver |
| 2019-09-23 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2019/09/23 | |
| 2019-09-06 | Certificate (on limitations to public access), (Letter Form) | Kenneth Hill |
| 2019-09-06 | Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2019-09-06 | Kenneth Hill |
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 |
|---|---|---|
| Hill, Kenneth | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Beaver, Brittany | Respondent | Active |
Counsel
Party: Hill, Kenneth
Counsel
Malliha Wilson
Gathyayini Manoharan
375 University Avenue, Suite 701
Toronto, Ontario
M5G 2J5
Telephone: (416) 947-1093
FAX: (416) 947-0079
Email: msolmon@srglegal.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Beaver, Brittany
Counsel
Sarah Strathopoulos
9 St. Nicholas Street
Suite 400
Toronto, Ontario
M4Y 1W5
Telephone: (416) 921-1700
FAX: (416) 921-8936
Email: niman@gelgootlaw.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Civil procedure — Case management — Aboriginal law — Provincial law of general application — Aboriginal applicant seeking to have case management judge schedule recusal motion before judge who made previous orders — Is main purpose of recusal application to uphold public confidence in integrity of administration of justice? — Should legal test to be applied when determining whether to schedule a hearing to recuse a judge include the perception of informed and reasonable person, who must be deemed to be cognizant of local Aboriginal community and its racial dynamics, traditions, customs and history of conflict and discrimination? — Is refusal to schedule a recusal application a failure to follow the principles of procedural fairness, by indirectly dealing with merits without applying required legal test of the informed and reasonable person? — Should successful recusal application result in a court setting aside all prior orders made by disqualified judge?
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.
In late 2015, Ms. Beaver commenced an application against Mr. Hill, pursuant to the Family Law Rules, seeking relief under the Family Law Act, R.S.O. 1990, c. F.3, and Children’s Law Reform Act, R.S.O. 1990, c. C.12. In July 2018, Mr. Hill issued a notice of application for an order to have a certain judge “recuse himself from presiding over any further matters in relation to” Ms. Beaver’s family law proceeding. At a subsequent case conference, the case management judge was asked by Mr. Hill’s counsel to schedule a hearing for the recusal application.
Lower court rulings
Ontario Superior Court of Justice
CV-18-00000-952-0000
Applicant’s motion to schedule recusal motion dismissed without prejudice to motion being returned
Court of Appeal for Ontario
C66285/M50431, 2019 ONCA 520
Applicant’s appeal 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 613‑996‑7933 or at 1‑888‑551‑1185.
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 613‑996‑7933 or at 1‑888‑551‑1185.
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 613‑996‑7933 or at 1‑888‑551‑1185.
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