Case information
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22296
D.P. v. C.S.
(Quebec) (Civil) (By Leave)
(Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1997-08-07 | Appeal closed | |
| 1994-03-22 | Correspondence (sent by the Court) to, sent to Quebec Court of Appeal (Montreal, QC) enclosing their record | |
| 1993-11-24 | Formal judgment sent to the registrar of the court of appeal and all parties, Quebec (Montreal) | |
| 1993-11-24 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON) | |
| 1993-11-24 | Copy of formal judgment being prepared, McCarthy, Tétrault (Ottawa, ON) | |
| 1993-11-24 | Copy of formal judgment being prepared, Noël, Berthiaume, Aubry & Associés (Hull, QC) | |
| 1993-11-24 | Copy of formal judgment being prepared, Lang, Michener (Ottawa, ON) | |
| 1993-10-21 |
Judgment on the appeal rendered, LaF L'HD So G Co McL Ia, The appeal is dismissed with costs throughout, Sopinka and McLachlin JJ. dissenting. For answers to constitutional questions, see file. Dismissed, costs in this Court and courts below |
|
| 1993-10-21 | Notice of deposit of judgment sent to all parties, Lang, Michener (Ottawa, ON) | |
| 1993-10-21 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON) | |
| 1993-10-21 | Notice of deposit of judgment sent to all parties, McCarthy, Tétrault (Ottawa, ON) | |
| 1993-10-21 | Notice of deposit of judgment sent to all parties, Noël, Berthiaume, Aubry & Associés (Hull, QC) | |
| 1993-02-12 | General proceeding, transcript received and distributed to the judges (386 pages - vol. 1 and 2) | |
| 1993-01-27 | Appeal hearing | |
| 1993-01-26 | Correspondence (sent by the Court) to, (by fax) from W.G. Burke-Robertson; re: A.G. B.C. does not propose to adress the Court in argument | |
| 1993-01-25 |
Hearing of the appeal, 1993-01-25, LaF L'HD So G Co McL Ia Decision reserved |
|
| 1993-01-25 |
Appeal hearing scheduled, 1993-01-25 Decision reserved |
|
| 1993-01-25 | Correspondence (sent by the Court) to, from E. Meehan sent to H. Brown; re: counsel sheet | |
| 1993-01-25 | Correspondence (sent by the Court) to, 2 letters dated Jan. 19 and 20 - from Lang, Michener (counsel sheet for the hearing - revised) (JOINT WITH 22227) | |
| 1993-01-25 | General proceeding, 10 copies (JOINT WITH 22227) (GIVEN IN COURT - order from Court of Queen's Bench and Chancery Division Re:McGrath) | Seventh-day Adventist Church |
| 1993-01-25 | Book of authorities, 10 copies (JOINT WITH 22227) (GIVEN IN COURT) | Seventh-day Adventist Church |
| 1993-01-25 | Proof of service, of dispositions législatives | |
| 1993-01-22 | General proceeding, proposed hearing schedule | D.P. |
| 1993-01-19 | Book of authorities, 10 copies (joint with A.G. Québec) | C.S. |
| 1993-01-19 | Proof of service, of book of authorities | |
| 1993-01-19 | General proceeding, 10 copies (DISPOSITIONS LEGISLATIVES CITEES PAR LE P.G.Q.) | Attorney General of Quebec |
| 1993-01-15 | Correspondence (sent by the Court) to, from Burke-Robertson; re: A.G. B.C. will not address the court in argument (distributed 19-01-9 3) | |
| 1993-01-14 |
Decision on motion to add or substitute parties, the Attorney General of Quebec (intervenor). The motion is dismissed, but the AG of Quebec may take 30 minutes for his oral submissions., LaF Dismissed, no order as to costs |
|
| 1993-01-14 | Hearing of motion to add or substitute parties, 1993-01-14, the Attorney General of Quebec (intervenor). The motion is dismissed, but the AG of Quebec may take 30 minutes for his oral submissions., LaF | |
| 1993-01-14 | Submission of motion to add or substitute parties, 1993-01-14, the Attorney General of Quebec (intervenor). The motion is dismissed, but the AG of Quebec may take 30 minutes for his oral submissions., LaF | |
| 1993-01-14 |
Hearing of motion to add or substitute parties, 1993-01-14, for the Attorney General of Quebec to act as the respondent, Decision reserved |
|
| 1993-01-14 |
Submission of motion to add or substitute parties, 1993-01-14, for the Attorney General of Quebec to act as the respondent, Decision reserved |
|
| 1993-01-08 | Book of authorities, 10 copies of vol. 1 to 7 (joint with James Kam Chen Young in 22227), avec signification | D.P. |
| 1993-01-08 | Affidavit, Monique Rousseau, avec signification | Attorney General of Quebec |
| 1993-01-08 | Motion to add or substitute parties, (to be added as Respondent), avec signification | Attorney General of Quebec |
| 1992-12-21 | Intervener's factum, 24 copies, avec signification | Attorney General of Manitoba |
| 1992-12-21 | Intervener's factum, 24 copies, avec signification | Attorney General of Quebec |
| 1992-12-21 | Intervener's factum, 24 copies, avec signification | Seventh-day Adventist Church |
| 1992-12-21 | Intervener's factum, 24 copies, avec signification | Attorney General for Ontario |
| 1992-12-21 | Notice of withdrawal, Avec signification | Attorney General of New Brunswick |
| 1992-12-18 | Intervener's factum, 24 copies, avec signification | Attorney General of British Columbia |
| 1992-12-14 | Proof of service, of Respondent's factum on A.G. Manitoba | |
| 1992-12-07 | Respondent's factum, 24 copies, avec signification | C.S. |
| 1992-12-02 | Order on motion to directions, to set filing dates re. respondents factum to be filed by Dec/07/1992 and the interveners factum to be filed by Dec/21/1992, avec signification | |
| 1992-12-02 |
Decision on motion for directions, to set filing date to file the respondent factum to Dec/07/1992 and also toe file the interveners factum by Dec/21/1992., Ia Granted, no order as to costs |
|
| 1992-12-02 | Hearing of motion for directions, 1992-12-02, to set filing date to file the respondent factum to Dec/07/1992 and also toe file the interveners factum by Dec/21/1992., Ia | |
| 1992-12-02 | Submission of motion for directions, 1992-12-02, to set filing date to file the respondent factum to Dec/07/1992 and also toe file the interveners factum by Dec/21/1992., Ia | |
| 1992-11-10 | Response to motion for directions, for an order seeking the filing of the respondents factum | Attorney General of British Columbia |
| 1992-10-26 | Affidavit, (joint with 22227) (of John M. Burns) to file the factums, avec signification | D.P. |
| 1992-10-26 | Motion for directions, (joint with 22227) to file the Appellant's factum in Young on October 22, 1992, the Respondents' factum on November 30, 1992 and the Interveners' factums on December 15th, 1992, avec signification | D.P. |
| 1992-09-10 | Appeal perfected for hearing, Session beginning on 1993-01-25, Avec signification | |
| 1992-08-17 | Appellant's factum, 21 copies, avec signification | D.P. |
| 1992-04-01 | Case on appeal, 21 copies, avec signification | D.P. |
| 1992-01-20 | Trial court record, 1 accordion file | |
| 1992-01-20 | Certified casebook | D.P. |
| 1991-09-26 | Order on motion for leave to intervene, Avec signification | |
| 1991-09-18 | Order on motion to extend time, to file a notice of intention of intervention. | |
| 1991-09-13 |
Decision on motion to extend time, to serve and file a Notice of Intention of intervention of A.G. New Brunswick, McL Granted, no order as to costs |
|
| 1991-09-13 | Hearing of motion to extend time, 1991-09-13, to serve and file a Notice of Intention of intervention of A.G. New Brunswick, McL | |
| 1991-09-13 | Submission of motion to extend time, 1991-09-13, to serve and file a Notice of Intention of intervention of A.G. New Brunswick, McL | |
| 1991-09-12 | Service, of the affidavit of Jerry Lorne Windels in support for leave to intervene | |
| 1991-09-12 |
Decision on the motion for leave to intervene, and to present oral argument no longer than 10 minutes in both appeals, and to file a factum within the time prescribed in Rule 38(2), and also the intervenor will bear costs of additional disbursement in any event., McL Granted, no order as to costs |
|
| 1991-09-12 | Hearing of motion for leave to intervene, 1991-09-12, and to present oral argument no longer than 10 minutes in both appeals, and to file a factum within the time prescribed in Rule 38(2), and also the intervenor will bear costs of additional disbursement in any event., McL | |
| 1991-09-12 | Submission of motion for leave to intervene, 1991-09-12, and to present oral argument no longer than 10 minutes in both appeals, and to file a factum within the time prescribed in Rule 38(2), and also the intervenor will bear costs of additional disbursement in any event., McL | |
| 1991-09-11 | Affidavit, to serve and file the notice of intention of intervention; Eduard J. Van Bemmel | Attorney General of New Brunswick |
| 1991-09-10 | Correspondence (sent by the Court) to, (original) from W. Glen How, Q.C.; re: will not oppose the intervention by the Seventh Day Adventist Church | |
| 1991-09-10 | Motion for leave to intervene, Avec signification | Attorney General of New Brunswick |
| 1991-09-10 | Response to motion to extend time, to serve and file the notice of intention of intervention of a.G. New Brunswick | D.P. |
| 1991-09-10 | Motion to extend time, to serve and file the notice of intention of intervention | Attorney General of New Brunswick |
| 1991-09-09 | Affidavit, of Jerry Lorne Windels | Seventh-day Adventist Church |
| 1991-08-26 | Correspondence (sent by the Court) to, from W. Glen How, Q.C.; re: will not oppose the intervention of Seventh Day Adventist Church | |
| 1991-08-16 | Notice of intervention respecting a constitutional question, 2 copies, avec signification | Attorney General of Quebec |
| 1991-08-16 | Notice of intervention respecting a constitutional question, Avec signification | Attorney General for Ontario |
| 1991-08-15 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 1991-07-31 | Affidavit, of Donald Douglas Devnich, avec signification | Seventh-day Adventist Church |
| 1991-07-31 | Motion for leave to intervene, Avec signification | Seventh-day Adventist Church |
| 1991-07-25 | Notice of intervention respecting a constitutional question | Attorney General of Manitoba |
| 1991-07-23 | Notice of constitutional question(s), Avec signification | D.P. |
| 1991-07-17 | Order on motion to state a constitutional question | |
| 1991-07-17 | Order granting leave to appeal | |
| 1991-07-11 |
Decision on the motion to state a constitutional question, (For Constitutional questions see file or Reg's Red Bk. #8 @ p.162. Intervention by August 16/91., CJ Granted, no order as to costs |
|
| 1991-07-11 | Hearing of the motion to state a constitutional question, 1991-07-11, (For Constitutional questions see file or Reg's Red Bk. #8 @ p.162. Intervention by August 16/91., CJ | |
| 1991-07-11 | Submission of motion to state a constitutional question, 1991-07-11, (For Constitutional questions see file or Reg's Red Bk. #8 @ p.162. Intervention by August 16/91., CJ | |
| 1991-07-08 | Correspondence (sent by the Court) to, (by fax) from W. Glen How, Q.C.; re: constitutiona l questions returnable July 23, 1991 | |
| 1991-07-08 | Motion to state a constitutional question, (by fax) | D.P. |
| 1991-06-17 | $500 security deposit paid, certificat #2199 | D.P. |
| 1991-06-17 | Motion to state a constitutional question, Avec signification | D.P. |
| 1991-06-17 | Notice of appeal, Avec signification | D.P. |
| 1991-05-17 | Close file on Leave | |
| 1991-05-16 | Notice of deposit of judgment issued to all parties, Noël, Berthiaume (Hull,QC) | |
| 1991-05-16 | Notice of deposit of judgment issued to all parties, Honeywell, Wotherspoon (Ottawa,ON) | |
| 1991-05-16 |
Judgment of the Court on the application for leave to appeal, L'HD G Ia, The application for leave to appeal is granted. The appeal will be heard on the same date as Irene Helen Young v. James Young (B.C.) No. 22227. Granted, no order as to costs |
|
| 1991-05-16 | Hearing of the application for leave to appeal, 1991-05-16, L'HD G Ia | |
| 1991-05-16 | All materials on application for leave submitted to the Judges, 1991-05-16, L'HD G Ia | |
| 1991-03-28 | All materials on application for leave submitted to the Judges, L'HD G I | |
| 1991-02-18 | Respondent's response on the application for leave to appeal, 5 copies, avec signification | C.S. |
| 1991-02-06 | Book of authorities, 5 copies | D.P. |
| 1991-01-28 | Book of authorities, 3 copies | D.P. |
| 1991-01-28 | $30.00 filing fee, receipt #19036 | D.P. |
| 1991-01-28 | Application for leave to appeal, 5 copies, avec signification, Completed on: 1991-01-28 | D.P. |
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 |
|---|---|---|
| D.P. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| C.S. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Manitoba | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Seventh-day Adventist Church | Intervener | Active |
| Attorney General for Ontario | Intervener | Active |
Counsel
Party: D.P.
Counsel
D.G. Pole
Halton Hills, Ontario
L7G 4Y4
Telephone: (905) 873-4100
Agent
300 - 50 O'CONNOR ST
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Party: C.S.
Counsel
111 RUE CHAMPLAIN
HULL, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General of Manitoba
Counsel
715 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-0679
FAX: (204) 945-0053
Email: sgreenberg@jus.gov.mb.ca
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813
Party: Attorney General of British Columbia
Counsel
609 BROUGHTON ST
5TH FL
VICTORIA, British Columbia
V8W 1C8
Telephone: (604) 356-8877
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Attorney General of Quebec
Counsel
1, rue Notre-Dame est
8e étage
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336
FAX: (514) 873-7074
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Seventh-day Adventist Church
Counsel
237 - 4TH AVE SW
30TH FL
CALGARY, Alberta
T2P 4X7
Telephone: (403) 268-7000
FAX: (403) 268-3100
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General for Ontario
Counsel
720 Bay St
7th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4454
FAX: (416) 326-4015
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Summary
Keywords
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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
Superior Court of Quebec
550-04-000504-841
Requête du requérant visant à obtenir la garge de l'enfant mineur rejetée
Court of Appeal of Quebec (Montréal)
500-09-000283-887
Appel rejeté
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