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21638

Malcolm Ross v. Minister of Labour, et al.

(New Brunswick) (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)
1994-07-14 Close file on Leave
1990-01-04 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, (Fredericton,NB)
1990-01-04 Copy of formal judgment on leave being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1990-01-04 Copy of formal judgment on leave being prepared, Court of Appeal of New Brunswick (Fred,NB)
1990-01-04 Copy of formal judgment on leave being prepared, Gowling, Strathy & Henderson (Ottawa,
1989-12-01 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1989-12-01 Notice of deposit of judgment issued to all parties, Gabriel Bourgeois, Department of Justice (Fredericton,NB)
1989-12-01 Notice of deposit of judgment issued to all parties, Soloway, Wright, Houston & Assoc. (Ottawa,ON)
1989-12-01 Notice of deposit of judgment issued to all parties, James C. Letcher, Q.C. (Moncton,NB)
1989-12-01 Notice of deposit of judgment issued to all parties, Mockler, Allen & Dixon (Fredericton,NB)
1989-12-01 Notice of deposit of judgment issued to all parties, Brian D. Bruce of Human Rights Board of Inquiry (Fredericton,NB)
1989-12-01 Notice of deposit of judgment issued to all parties, Lindsay MacLeod of Binks, Simpson (Ottawa,ON)
1989-12-01 Notice of deposit of judgment issued to all parties, David Wake of Honeywell, Wotherspoon (Ottawa,ON)
1989-12-01 Notice of deposit of judgment issued to all parties, Clyde Spinney (Fredericton,NB)
1989-12-01 Notice of deposit of judgment issued to all parties, Human Rights Board of Inquiry (Fredericton,NB)
1989-11-30 Judgment of the Court on the application for leave to appeal, CJ LaF So Co McL, The application for leave to appeal and stay of execution is dismissed without costs.
Dismissed, without costs
1989-11-30 Decision on the motion for a stay of execution, CJ LaF So Co McL
Dismissed, no order as to costs
1989-11-27 Book of authorities, 10 copies of additional Human Rights Commission
1989-11-27 Hearing of the application for leave to appeal, 1989-11-27, CJ LaF So Co McL
Decision reserved
1989-11-27 All materials on application for leave submitted to the Judges, 1989-11-27, CJ LaF So Co McL
Decision reserved
1989-11-27 Hearing of motion for a stay of execution, 1989-11-27, CJ LaF So Co McL
Decision reserved
1989-11-27 Submission of motion for a stay of execution, 1989-11-27, CJ LaF So Co McL
Decision reserved
1989-11-17 Respondent's response on the application for leave to appeal, l0 copies, with service Minister of Labour
1989-11-16 Respondent's response on the application for leave to appeal, 5 copies,, with service Human Rights Commission
1989-11-16 Respondent's response on the application for leave to appeal, 10 copies,, with service David Attis
1989-11-15 Book of authorities, 7 copies,, with service Minister of Labour
1989-11-15 Respondent's response on the application for leave to appeal, 7 copies,, with service Canadian Jewish Congress
1989-11-14 Hearing of the motion for a stay of execution scheduled
1989-11-14 Hearing of the application for leave to appeal scheduled
1989-10-26 Motion for a stay of execution, With service Malcolm Ross
1989-10-25 Application for leave to appeal, Completed on: 1989-10-25
1989-10-25 Motion for a stay of execution, (joint with leave book) 10 copies, with service Malcolm Ross
1989-10-25 $30.00 filing fee, receipt #15884 Malcolm Ross
1989-10-25 Application for leave to appeal, 10 copies,, with service, Completed on: 1989-10-25 Malcolm Ross

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
Ross, Malcolm Applicant Active

v.

Main parties - Respondents
Name Role Status
Minister of Labour Respondent Active
Canadian Jewish Congress Respondent Active
Board of School Trustees, District No. 15 Respondent Active
New Brunswick Teachers' Federation Respondent Active
Human Rights Board of Inquiry Respondent Active
Attis, David Respondent Active
Human Rights Commission Respondent Active
Department of Education Respondent Active
Bruce, Brian Respondent Active

Counsel

Party: Ross, Malcolm

Counsel
Douglas H. Christie
810 Courtney St.
Victoria, British Columbia
V8W 1C4
Telephone: (250) 385-1022
FAX: (250) 479-3294
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Minister of Labour

Counsel
Gabriel Bourgeois
Attorney General of New Brunswick
Édifice du Centenaire
C.P. 6000, Pièce 444
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-3606
FAX: (506) 453-3275

Party: Canadian Jewish Congress

Counsel
Neil Finkelstein
Blake, Cassels & Graydon LLP
Commerce Court West
P.O. Box 25, 28th Floor
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2266
FAX: (416) 863-2653
Email: neil.finkelstein@blakes.com
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Board of School Trustees, District No. 15

Counsel
James C. Letcher, Q.C.
Letcher & Murray
76 ALBERT ST
MONCTON, New Brunswick
E1C 1B1
Telephone: (506) 857-2070
FAX: (506) 859-9195

Party: New Brunswick Teachers' Federation

Counsel
Eugene J. Mockler, Q.C.
Mockler Peters Oley Rouse & Williams
839 Aberdeen Street.
P.O. Box 547
Fredericton, New Brunswick
E3B 5A6
Telephone: (506) 444-6589
FAX: (506) 444-6550

Party: Human Rights Board of Inquiry

Counsel
Brian D. Bruce
Human Rights Board of Inquiry
52 BURNHAM COURT
FREDERICTON, New Brunswick
E3B 5T7
Telephone: (506) 455-2341
FAX: (506) 455-4604

Party: Attis, David

Counsel
Joseph E. Weir
885 MAIN ST
PO BOX 242
MONCTON, New Brunswick
E1C 8K9
Telephone: (506) 857-2162
Agent
Lindsay MacLeod
Binks, Simpson
180 Waller St
(Corner of Nicholas)
Ottawa, Ontario
K1N 9B9
Telephone: (613) 233-4063
FAX: (613) 233-0540

Party: Human Rights Commission

Counsel
Joanne E. McLeod
New Brunswick Human Rights Commission
103 CHURCH ST
PO BOX 6000
FREDERICTON, New Brunswick
E3B 5H1
Agent
J. David Wake, Q.C.
Jack E. Pantalone
707 - 141 Laurier Ave W
Ottawa, Ontario
K1P 5J3
Telephone: (613) 594-8780
FAX: (613) 238-1323

Party: Department of Education

Counsel
C. Clyde Spinney, Q.C.
Attorney General of New Brunswick
670 King St.
P.O. Box 6000
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2538
FAX: (506) 453-3275

Party: Bruce, Brian

Counsel
Brian D. Bruce
Human Rights Board of Inquiry
52 BURNHAM COURT
FREDERICTON, New Brunswick
E3B 5T7
Telephone: (506) 455-2341
FAX: (506) 455-4604

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

January 19, 1989
Court of Queen’s Bench of New Brunswick

M/M/278/88 & 279/88

The order establishing the Board of Inquiry must therefore be quashed.

September 8, 1989
Court of Appeal of New Brunswick

Not available

Appeals allowed - order quashing order establishing board of inquiry set aside

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: 2025-02-27