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21185

National Dental Examining Board of Canada v. Ontario Human Rights Commission, et al.

(Ontario) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
1992-11-24 Correspondence (sent by the Court) to, sent to Court of Appeal for Ontario (Toronto,ON) Re: Court records sent back.
1991-12-24 Correspondence (sent by the Court) to, from Mr. George J. Pollack (Montreal,QC), of Martineau, Walker; Re: acknowledgement of receipt.
1991-11-19 Record returned to the Registrar of the Court of Appeal, (Toronto,ON)
1991-11-05 Appeal closed
1991-10-22 Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC)
1991-10-22 Copy of formal judgment being prepared, Scott & Aylen (Ottawa,ON)
1991-10-22 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1991-10-22 Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON)
1991-10-22 Copy of formal judgment being prepared, Jennifer Footman (Brampton,ON)
1991-10-22 Copy of formal judgment being prepared, Dr. Nellie Mendelsohn (Thornhill,ON)
1991-10-22 Formal judgment sent to the registrar of the court of appeal and all parties, (Toronto,ON)
1991-10-17 General proceeding, transcripts received (49 pages)
1991-10-02 Judgment on the appeal rendered, LaF L'HD G Co McL St Ia
Dismissed, with costs
1991-10-02 Hearing of the appeal, 1991-10-02, LaF L'HD G Co McL St Ia
1991-09-30 Book of authorities, VOLUME IV 10 copies National Dental Examining Board of Canada
1991-09-27 Correspondence (sent by the Court) to, from Robert C. Maybank, original of fax copy received September 24\91
1991-09-24 Correspondence (sent by the Court) to, from Robert C. Maybank; re: intends to rely solely on the written factum and authorities, so no court time shall be required for oral submissions on behalf of Alberta
1991-09-20 Correspondence (sent by the Court) to, from James I. Minnes; re: Mr. E.R. Murray will require one hour to present oral submissions
1991-09-18 Appeal hearing
1991-09-06 Appeal court record, 1 box (along with Trial record)
1991-09-06 Trial court record, 1 box (along with C/A record)
1991-08-15 Appeal removed from the list
1991-07-05 Order on motion to adjourn the hearing of the appeal
1991-06-27 Decision on motion to adjourn the hearing of the appeal, until the next session of this Court to be heard in the first week of October, 1991., CJ
Granted, no order as to costs
1991-06-27 Hearing of motion to adjourn the hearing of the appeal, 1991-06-27, until the next session of this Court to be heard in the first week of October, 1991., CJ
1991-06-27 Submission of motion to adjourn the hearing of the appeal, 1991-06-27, until the next session of this Court to be heard in the first week of October, 1991., CJ
1991-06-27 Response to the motion to adjourn the hearing of the appeal Ontario Human Rights Commission
1991-06-27 Affidavit, James I. Minnes, with service National Dental Examining Board of Canada
1991-06-27 Motion to adjourn the hearing of the appeal, With service National Dental Examining Board of Canada
1991-06-26 General proceeding, 10 copies of the case of Johannesson to replace tab 26 of the authorities Ontario Human Rights Commission
1991-06-25 Service, de mémoire
1991-06-24 Intervener's factum, 21 copies,, with service Attorney General of Quebec
1991-06-20 Book of authorities, JOINT 10 copies of vol. I to III National Dental Examining Board of Canada
1991-06-17 Intervener's factum, 21 copies, with service Attorney General of Alberta
1991-06-13 Respondent's factum, 21 copies Ontario Human Rights Commission
1991-05-24 General proceeding, to note memo from Claude Alain sent to Chief Justice Lamer & Justices LaForest, Gonthier, Cory, McLachlin, Stevenson & Iacobucci (Re: Requests Court's approval on proposed agenda for the hearing of Appeals 21185 and 22025)
1991-04-26 Appeal hearing scheduled, 1991-10-02
1991-04-10 Appeal perfected for hearing, Session beginning on 1991-10-01
1991-03-21 Notice of withdrawal, With service Attorney General of Canada
1991-03-11 Appellant's factum, 22 copies, with service National Dental Examining Board of Canada
1991-02-06 Case on appeal, 21 copies, with service National Dental Examining Board of Canada
1991-02-01 Proof of service, (Canada Post Acknowledgement of Receipt Card) filed. Delivered on January 10, 1991 to John C. Tait, C/O Dept. of Justice (Ottawa,ON)
1991-02-01 Proof of service, (Canada Post Acknowledgement of Receipt Card) filed. Delivered on January 14, 1991 to E.R. Murray C/O Genest, Murray, Desbrisay, O'Donnell, Murray (Toronto,ON)
1991-02-01 Proof of service, (Canada Post Acknowledgement of Receipt Card) filed. Delivered on January 10, 1991 to Brian Crane C/O Gowling, Strathy & Henderson (Ott,ON)
1991-02-01 Proof of service, (Canada Post Acknowledgement of Receipt Card) filed. Delivered on January 16, 1991 to Ms. Janet Minor C/O Ont. Human Rights Comm. (Toronto,ON)
1991-02-01 Proof of service, (Avis de réception de Postes Canada) déposer. L'article est livré le 11 janvier 1991 à Me Sylvie Rousell a/s Noël, Berthiaume (Hull,QC)
1991-01-25 General proceeding, 3 copies of the C/A APPEAL BOOK and 3 copies of SUPPLEMENTARY National Dental Examining Board of Canada
1991-01-11 Correspondence (sent by the Court) to, dated January 11, 1991 from James I. Minnes (Scott & Aylen) Re: Case on Appeal and Factum of Appellant are in the process of being finalized & will be printed shortly.
1991-01-11 Correspondence (sent by the Court) to, sent to Mr. James I. Minnes C/O Scott & Aylen (Ottawa,ON) acknowledging receipt of his letter dated January 9, 1991 advising of the Appellant's intention to complete & file the required material & inscribe the appeal prior to the 60 day period.
1991-01-08 Correspondence (sent by the Court) to, (Double Registered) sent to Mr. John C. Tait, Q.C. C/O Dept. of Justice (Ottawa,ON) informing him that no action or proceeding has been taken, either by the Appellant or the Respondents since October 3, 1989. If the appeal is not inscribed for hearing wi
1991-01-08 Correspondence (sent by the Court) to, (Double Registered) sent to Mr. E.R. Murray C/O Genest, Murray, Desbrisay, O'Donnell, Murray (Toronto,ON) informing him that no action or proceeding has been taken, either by the Appellant or the Respondents since October 3, 1989. If the appeal is not in
1991-01-08 Correspondence (sent by the Court) to, (Double Registered) sent to Mr. Brian Crane, C/O Gowling, Strathy, Henderson (Ottawa,ON) informing him that no action or proceeding has been taken, either by the Appellant or the Respondents, since October 3, 1989. If the appeal is not inscribed for hear
1991-01-08 Correspondence (sent by the Court) to, (Double registered) sent to Ms. Janet Minor C/O Ontario Human Rights Commission (Toronto,ON) informing her that no action or proceeding has been taken by the Appellant or the Respondents since October 3, 1989. If the appeal is not inscribed for hearing w
1991-01-08 Correspondence (sent by the Court) to, (Recommandé - A.R.) envoyée à Sylvie Roussel a/s Noël, Berthiaume (Hull,QC) informer qu'aucune démarche ni procédure n'a été entreprise, ni par l'appelant, ni par les intimés, depuis le 3 octobre 1989. Si le pourvoi n'est pas inscrit pour auditon dans le
1989-10-27 Notice of intervention respecting a constitutional question, With service Attorney General of Alberta
1989-10-26 Notice of intervention respecting a constitutional question Attorney General of Quebec
1989-10-25 Notice of intervention respecting a constitutional question, With service Attorney General of Canada
1989-10-03 Notice of constitutional question(s), With service National Dental Examining Board of Canada
1989-10-02 Order on motion to state a constitutional question
1989-09-22 Decision on the motion to state a constitutional question, (For Constitutional Questions see file or Reg's Red Bk #7 @ p.246. Interventions by Oct.26/89)., CJ
Granted, no order as to costs
1989-09-22 Hearing of the motion to state a constitutional question, 1989-09-22, (For Constitutional Questions see file or Reg's Red Bk #7 @ p.246. Interventions by Oct.26/89)., CJ
1989-09-22 Submission of motion to state a constitutional question, 1989-09-22, (For Constitutional Questions see file or Reg's Red Bk #7 @ p.246. Interventions by Oct.26/89)., CJ
1989-09-18 Motion to extend time, to state constitutional question and direstion for service., with service National Dental Examining Board of Canada
1989-09-18 Motion to state a constitutional question, With service National Dental Examining Board of Canada
1989-06-27 Notice of deposit of security
1989-06-27 Notice of appeal National Dental Examining Board of Canada
1989-06-23 $500 security deposit paid, certificate #2076 National Dental Examining Board of Canada
1989-06-23 Order granting leave to appeal
1989-06-16 Close file on Leave
1989-06-16 Notice of deposit of judgment issued to all parties, Scott & Aylen (Ott., Ont.)
1989-06-16 Notice of deposit of judgment issued to all parties, Jennifer Footman (Brampton, Ont.)
1989-06-16 Notice of deposit of judgment issued to all parties, Soloway, Wright, Houston & Associates (Ott., Ont.)
1989-06-16 Notice of deposit of judgment issued to all parties, Nellie Mendelsohn (Thornhill, Ont.)
1989-06-15 Judgment of the Court on the application for leave to appeal, McI W So, The application for leave to appeal is granted, costs in the cause.
Granted, with costs in the cause
1989-06-15 Hearing of the application for leave to appeal, 1989-06-15, McI W So
1989-06-15 All materials on application for leave submitted to the Judges, 1989-06-15, McI W So
1988-12-05 All materials on application for leave submitted to the Judges, McI W So
1988-11-17 Respondent's response on the application for leave to appeal, , 5 copies, with service Ontario Human Rights Commission
1988-11-01 Correspondence received from, Letter re new rules sent to Dr. Jennifer Footman (Brampton, Ont.)
1988-11-01 Correspondence received from, Letter re new rules sent to Dr. Nellie Mendelsohn (Thornhill, Ont.)
1988-10-31 Book of authorities, received, 5 copies, with service National Dental Examining Board of Canada
1988-10-31 $30.00 filing fee, receipt # 13046 National Dental Examining Board of Canada
1988-10-31 Application for leave to appeal, 5 copies, with service, Completed on: 1988-10-31 National Dental Examining Board of Canada

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

Main parties - Appellants
Name Role Status
National Dental Examining Board of Canada Applicant Active

v.

Main parties - Respondents
Name Role Status
Ontario Human Rights Commission Respondent Active
Footman, Jennifer Respondent Active
Mendelsohn, Nellie Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Alberta Intervener Active
Attorney General of Quebec Intervener Active

Counsel

Party: National Dental Examining Board of Canada

Counsel
Eric R. Murray, Q.C.
Nora A. Gillespie
Genest Murray DesBrisay Lamek
700 - 130 Adelaide St West
Toronto, Ontario
M5H 4C1
Telephone: (416) 368-8600
FAX: (416) 368-2625
Agent
James I. Minnes
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Ontario Human Rights Commission

Counsel
Janet E. Minor
John A. Terry
Attorney General for Ontario
720 BAY ST
7TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4417
FAX: (416) 326-4015
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Footman, Jennifer

Counsel
Jennifer Footman
3RD LINE WEST
RR 2
BRAMPTON, Ontario
L5J 1A1

Party: Mendelsohn, Nellie

Counsel
Nellie Mendelsohn
31 GLEN OAKS CRT
THORNHILL, Ontario
L5J 4A4

Party: Attorney General of Alberta

Counsel
Robert C. Maybank
Attorney General of Alberta
9833 - 109TH ST
4TH FL
EDMONTON, Alberta
T5K 2E8
Telephone: (403) 498-3309
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General of Quebec

Counsel
Françoise Saint-Martin
Procureur général du Québec
1200 RTE DE L'ÉGLISE
2e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 646-1696
Agent
Sylvie Roussel
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Summary

Keywords

None.

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.

None.

Lower court rulings

September 17, 1985
Supreme Court of Ontario

527/85

Application for judicial review dismissed

July 4, 1988
Court of Appeal for Ontario

157/86

Appeal dismissed

Memorandums of argument on application for leave to appeal

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 filing 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

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Factums on appeal

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

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Webcasts

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Date modified: 2025-05-13