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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.


22005

City of Winnipeg v. Canadian Mental Health Association, et al.

(Manitoba) (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)
1992-03-16 Close file on Leave
1991-04-03 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, (Winnipeg,MN)
1991-04-03 Copy of formal judgment on leave being prepared, Fillmore & Riley (Wpg,MN)
1991-04-03 Copy of formal judgment on leave being prepared, A. Peltz C/O Legal Aid Manitoba (Wpg,MN)
1991-04-03 Copy of formal judgment on leave being prepared, Osler, Hoskin & Harcourt (Ottawa,ON)
1991-03-14 Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt (Ottawa,ON)
1991-03-14 Notice of deposit of judgment issued to all parties, A. Peltz C/O Legal Aid Manitoba (Wpg,MN)
1991-03-14 Notice of deposit of judgment issued to all parties, Fillmore & Riley (Winnipeg,MN)
1991-03-14 Judgment of the Court on the application for leave to appeal, G Co McL, This case could well have raised matters of great public importance. However, no evidence has been filed which would permit the Court to consider whether the zoning by-laws were justified under s. 1 of the Charter. This consideration would be of fundamental importance. The unfortunate result is that this application must be dismissed with costs to the respondents.
Dismissed, costs against the appellant
1991-03-04 Hearing of the application for leave to appeal, 1991-03-04, G Co McL
Decision reserved
1991-03-04 All materials on application for leave submitted to the Judges, 1991-03-04, G Co McL
Decision reserved
1991-02-21 Correspondence received from, from Fillmore & Riley; re: will not attend the Oral application for leave to appeal of March,4\91 Alcoholism Foundation of Manitoba
1990-12-18 Correspondence received from, sent to Legal Aid Manitoba (Wpg,MN) advising that oral hearing will be heard on March 4, 1991 instead of February 4, 1991.
1990-12-18 Correspondence received from, sent to Fillmore & Riley (Wpg,MN) advising that oral hearing will be heard on March 4, 1991 instead of February 4, 1991.
1990-12-18 Correspondence received from, sent to Osler, Hoskin & Harcourt (Ottawa,ON) informing that the request for the oral hearing will be heard on March 4, 1991 instead of Februay 4, 1991.
1990-12-10 Correspondence received from, sent to Fillmore & Riley (Winnipeg,MN) advising them that an oral hearing has been ordered. The matter has been set down for argument before the Court on Februay 4, 1991 at 9:30 a.m.
1990-12-10 Correspondence received from, sent to Osler, Hoskin & Harcourt (Ottawa,ON) advising them that an oral hearing has been ordered. The matter has been set down for argument before the Court on Februay 4, 1991 at 9:30 a.m.
1990-12-10 Correspondence received from, sent to Legal Aid Manitoba (Wpg,MN) advising them that an oral hearing has been ordered. The matter has been set down for argument before the court on February 4, 1991, at 9:30 a.m.
1990-12-07 Correspondence received from, sent to Fillmore & Riley (Wpg,MN) enclosing copy of Notice of Deposit of judgment and Formal Pronouncement (Oral hearing ordered)
1990-12-07 Correspondence received from, sent to A. Peltz C/O Legal Aid Manitoba (Wpg,MN) enclosing copy of Notice of Deposit of Judgment & Formal pronouncement (Oral hearing ordered)
1990-12-07 Correspondence received from, sent to Osler, Hoskin & Harcourt (Ottawa,ON) enclosing copy of Notice of Deposit of judgment & formal pronouncement (Oral hearing ordered)
1990-12-07 Judgment of the Court on the application for leave to appeal, G Co St, An oral hearing is ordered to decide whether this application for leave to appeal should be granted.
Oral hearing ordered, no order as to costs
1990-12-07 Hearing of the application for leave to appeal, 1990-12-07, G Co St
1990-12-07 All materials on application for leave submitted to the Judges, 1990-12-07, G Co St
1990-10-10 All materials on application for leave submitted to the Judges, G co St
1990-09-18 Discontinuance of motion for a stay City of Winnipeg
1990-09-05 Respondent's response on the application for leave to appeal, 10 copies, with service Canadian Mental Health Association
1990-06-22 Motion for a stay of execution, 9 copies, with service City of Winnipeg
1990-06-22 Book of authorities, 10 copies, with service City of Winnipeg
1990-06-22 $30.00 filing fee, #17856 City of Winnipeg
1990-06-22 Application for leave to appeal, 9 copies, with service, Completed on: 1990-06-22 City of Winnipeg
1990-06-22 Motion for a stay of execution, 9 copies, with service City of Winnipeg
1990-06-22 Application for leave to appeal, 10 copies, with service, Completed on: 1990-06-22 City of Winnipeg

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
City of Winnipeg Applicant Active

v.

Main parties - Respondents
Name Role Status
Canadian Mental Health Association Respondent Active
Winnipeg Region Inc. Respondent Active
John Howard Society of Manitoba Inc. Respondent Active
Elizabeth Fry Society of Manitoba Inc. Respondent Active
Manitoba League of the Physically Handicapped Inc. Respondent Active
Winnserv Inc. Respondent Active
Age and Opportunity Centre Inc. Respondent Active
Alcoholism Foundation of Manitoba Respondent Active

Counsel

Party: City of Winnipeg

Counsel
Name
M.S. Samphir
Contact information
City of Winnipeg
MANDARIN BLDG 3RD FL
185 KING ST
WINNIPEG, Manitoba
R3B 1J1
Telephone: (204) 986-2455
FAX: (204) 947-9155
Agent
Name
Michael L. Phelan
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867

Party: Canadian Mental Health Association

Counsel
Name
Arne Peltz
Contact information
Public Interest Law Centre
402 - 294 Portage Ave
Winnipeg, Manitoba
R3C 0B9
Telephone: (204) 985-8541
FAX: (204) 985-8544
Email: PILCLAM@MTS.Net

Party: Winnipeg Region Inc.

Counsel
Name
Arne Peltz
Contact information
Public Interest Law Centre
402 - 294 Portage Ave
Winnipeg, Manitoba
R3C 0B9
Telephone: (204) 985-8541
FAX: (204) 985-8544
Email: PILCLAM@MTS.Net

Party: John Howard Society of Manitoba Inc.

Counsel
Name
Arne Peltz
Contact information
Public Interest Law Centre
402 - 294 Portage Ave
Winnipeg, Manitoba
R3C 0B9
Telephone: (204) 985-8541
FAX: (204) 985-8544
Email: PILCLAM@MTS.Net

Party: Elizabeth Fry Society of Manitoba Inc.

Counsel
Name
Arne Peltz
Contact information
Public Interest Law Centre
402 - 294 Portage Ave
Winnipeg, Manitoba
R3C 0B9
Telephone: (204) 985-8541
FAX: (204) 985-8544
Email: PILCLAM@MTS.Net

Party: Manitoba League of the Physically Handicapped Inc.

Counsel
Name
Arne Peltz
Contact information
Public Interest Law Centre
402 - 294 Portage Ave
Winnipeg, Manitoba
R3C 0B9
Telephone: (204) 985-8541
FAX: (204) 985-8544
Email: PILCLAM@MTS.Net

Party: Winnserv Inc.

Counsel
Name
Arne Peltz
Contact information
Public Interest Law Centre
402 - 294 Portage Ave
Winnipeg, Manitoba
R3C 0B9
Telephone: (204) 985-8541
FAX: (204) 985-8544
Email: PILCLAM@MTS.Net

Party: Age and Opportunity Centre Inc.

Counsel
Name
Arne Peltz
Contact information
Public Interest Law Centre
402 - 294 Portage Ave
Winnipeg, Manitoba
R3C 0B9
Telephone: (204) 985-8541
FAX: (204) 985-8544
Email: PILCLAM@MTS.Net

Party: Alcoholism Foundation of Manitoba

Counsel
Name
William G. Ryall
Contact information
Fillmore & Riley LLP
1700 - 360 MAIN ST
WINNIPEG, Manitoba
R3C 3Z3
Telephone: (204) 956-2970

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

April 24, 1990
Court of Appeal of Manitoba

48/89 and 50/89

Appeal allowed and cross-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 613‑996‑7933 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

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

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

Webcasts

Not available.

Date modified: 2025-02-27