Case information
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22297
Her Majesty the Queen v. Ellis-Don Limited, et al.
(Ontario) (Criminal) (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) |
|---|---|---|
| 1992-06-03 | Appeal closed | |
| 1992-04-21 | General proceeding, transcripts received (43 pages) | |
| 1992-04-16 | Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON) | |
| 1992-04-16 | Copy of formal judgment being prepared, Michael Dambrot c/o Dept. of Justice (Ottawa,ON) | |
| 1992-04-16 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1992-04-16 | Copy of formal judgment being prepared, McCarthy Tétrault (Ottawa,ON) | |
| 1992-04-16 | Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC) | |
| 1992-04-15 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1992-04-15 | Record returned to the Registrar of the Court of Appeal, (Toronto,ON) | |
| 1992-04-15 | Correspondence (sent by the Court) to, sent to Ontario Ministry of Labour (Toronto,ON) enclosing contents (original Exhibits) of the Provincial Court file. | |
| 1992-03-31 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL St Ia Allowed, no order as to costs |
|
| 1992-03-31 | Hearing of the appeal, 1992-03-31, CJ LaF L'HD So G Co McL St Ia | |
| 1992-03-30 | Correspondence (sent by the Court) to, from Robert J. Frater; re: that he and Michael R. Dambrot, Q.C. will be the counsels on the appeal | |
| 1992-03-24 | Book of authorities, 10 copies of vols. 1 to 3, with service | Canadian Environmental Law Association |
| 1992-03-24 | Notice of withdrawal, With service | Attorney General of Saskatchewan |
| 1992-03-24 | Book of authorities, APPELLANT'S STATUTORY MATERIALS 13 copies, with service | Her Majesty the Queen |
| 1992-03-24 | Correspondence (sent by the Court) to, from Marva J. Smith; re: that she and Brian G. Wilford will be appearing at the hearing and will plead for 15 mins. | |
| 1992-03-23 | Intervener's factum, 1 copy | Attorney General of Alberta |
| 1992-03-23 | Proof of service, of factum | |
| 1992-03-20 | Proof of service, 1 copy of factum, with service | |
| 1992-03-20 | Intervener's factum, 24 copies | Attorney General of Quebec |
| 1992-03-19 | Book of authorities, 10 copies | Attorney General of Alberta |
| 1992-03-19 | Intervener's factum, 24 copies, with service | Attorney General of Canada |
| 1992-03-19 | Proof of service, 1 copy of factum, with service | |
| 1992-03-19 |
Decision on miscellaneous motion, for an order permitting the intervenor AG Alberta to file their factun notwithstanding the fact that their factum does not have every 10th. line numbered contrary to Rule 33(1)(c)., Reg Granted, no order as to costs |
|
| 1992-03-19 | Hearing of miscellaneous motion, 1992-03-19, for an order permitting the intervenor AG Alberta to file their factun notwithstanding the fact that their factum does not have every 10th. line numbered contrary to Rule 33(1)(c)., Reg | |
| 1992-03-19 | Submission of miscellaneous motion, 1992-03-19, for an order permitting the intervenor AG Alberta to file their factun notwithstanding the fact that their factum does not have every 10th. line numbered contrary to Rule 33(1)(c)., Reg | |
| 1992-03-19 | Proof of service, 1 copy of book of authorities, with service | |
| 1992-03-18 | Intervener's factum, 24 copies | Attorney General of Manitoba |
| 1992-03-17 | Response to miscellaneous motion, to have the A.G. Alberta's factum accepted in its present form | Ellis-Don Limited |
| 1992-03-17 | Response to miscellaneous motion, to have the A.G. Alberta's factum accepted in its present form | Her Majesty the Queen |
| 1992-03-17 | Affidavit, to have factum accepted in its present form; Eduard J. Van Bemmel | Attorney General of Alberta |
| 1992-03-17 | Notice of miscellaneous motion, to have factum accepted in its present form (no marginal line numbers) | Attorney General of Alberta |
| 1992-03-17 | Intervener's factum, 20 copies, with service | Attorney General of Alberta |
| 1992-03-13 | Book of authorities, 10 copies of vol. I to III | Her Majesty the Queen |
| 1992-03-12 | Response to miscellaneous motion, that the respondents file their supplementary factum in is present form | Her Majesty the Queen |
| 1992-03-12 | Affidavit, to file the supplementary factum in its present form; Karen L. Day, with service | Ellis-Don Limited |
| 1992-03-12 | Notice of miscellaneous motion, to file their supplementary factum in its present form, with service | Ellis-Don Limited |
| 1992-03-12 | Appeal court record, (transcripts vols. 1 to 5 - joint appeal book) | |
| 1992-03-12 |
Decision on miscellaneous motion, for an order permitting the respondent to file their supplementary factum notwithstanding the fact that the factum does not have every 10th. line numbered, contary to rule 33(1)., Reg Granted, no order as to costs |
|
| 1992-03-12 | Hearing of miscellaneous motion, 1992-03-12, for an order permitting the respondent to file their supplementary factum notwithstanding the fact that the factum does not have every 10th. line numbered, contary to rule 33(1)., Reg | |
| 1992-03-12 | Submission of miscellaneous motion, 1992-03-12, for an order permitting the respondent to file their supplementary factum notwithstanding the fact that the factum does not have every 10th. line numbered, contary to rule 33(1)., Reg | |
| 1992-03-10 | Notice of withdrawal, With service | Attorney General of Newfoundland |
| 1992-03-06 |
Respondent's factum, SUPPLEMENTARY in response to the factum of Canadia n Environmental Law Association (see order of 1992/01/13) < |
Ellis-Don Limited |
| 1992-03-05 | Case on appeal, SUPPLEMENTARY 24 copies, with service | Her Majesty the Queen |
| 1992-03-05 | Appellant's factum, SUPPLEMENTARY 25 copies, with service | Her Majesty the Queen |
| 1992-02-23 | Book of authorities, 1 copy | Attorney General of Alberta |
| 1992-02-19 | Trial court record, (accordeon) | |
| 1992-02-17 | Service, 1 copy of factum, with service | |
| 1992-02-13 | Intervener's factum, 20 copies | Canadian Environmental Law Association |
| 1992-01-30 | Correspondence (sent by the Court) to | |
| 1992-01-30 | Correspondence (sent by the Court) to, sent to Soloway, Wright, Houston & Associates; re: list of appeals inscribed for hearing by this Court during the January 1992 session and the Court's agenda for the session. | |
| 1992-01-23 | Appeal hearing scheduled, 1992-03-31 | |
| 1992-01-23 | Notice of withdrawal, With service | Attorney General of British Columbia |
| 1992-01-13 |
Decision on the motion for leave to intervene, LaF, is granted to the following extent: a) Granting leave to Canadian Environmental Law Association to intervene. b)Permitting the Canadian Environmental Law Association to sumit a factum. c) providing the time for filing of the Canadian Environmental Law Association's factum be such as the Court may order. Paragraphs a) b) c), the factum to filed by Feb\13\1992. The respondent may file a reply factum by Mar\06\1992. Permission to present oral argument is denied. Granted, no order as to costs |
|
| 1992-01-13 | Hearing of motion for leave to intervene, 1992-01-13, LaF | |
| 1992-01-13 | Submission of motion for leave to intervene, 1992-01-13, LaF | |
| 1992-01-13 |
Decision on motion to extend time, for leave to intervene to Jan/13/1992, LaF Granted, no order as to costs |
|
| 1992-01-13 | Hearing of motion to extend time, 1992-01-13, for leave to intervene to Jan/13/1992, LaF | |
| 1992-01-13 | Submission of motion to extend time, 1992-01-13, for leave to intervene to Jan/13/1992, LaF | |
| 1992-01-09 | General proceeding, 5 copies of response to the intervention of the Canadian Environmental Law Association | Ellis-Don Limited |
| 1991-12-30 | Motion for leave to intervene, With service | Canadian Environmental Law Association |
| 1991-12-30 | Affidavit, John Zane Swaigen | Canadian Environmental Law Association |
| 1991-12-30 | Affidavit, Michelle Swenarchuk | Canadian Environmental Law Association |
| 1991-12-30 | Response to the motion for leave to intervene, of Canadian Environmental Law Association | Her Majesty the Queen |
| 1991-12-30 | Affidavit, for leave to intervene; John Zane Swaigen | Canadian Environmental Law Association |
| 1991-12-30 | Affidavit, for leave to intervene; Michelle Swenarchuk | Canadian Environmental Law Association |
| 1991-12-30 | Motion to extend time, for leave to intervene, with service | Canadian Environmental Law Association |
| 1991-12-10 | Respondent's factum, 24 copies, with service | Ellis-Don Limited |
| 1991-11-04 | Appeal perfected for hearing, Session beginning on 1992-01-27 | |
| 1991-10-18 | Order on motion to extend time, to serve and file the notice of intervention to Oct\03\1991. | |
| 1991-10-17 | General proceeding, Notice to the Respondent re: inscription (should have been in factum), with service | Her Majesty the Queen |
| 1991-10-16 | Appellant's factum, 24 copies, with service | Her Majesty the Queen |
| 1991-10-16 | Certified casebook, vols. 1 to 12 | Her Majesty the Queen |
| 1991-10-07 |
Decision on motion to extend time, to serve and file the notice of intention of intervention to Oct\03\1991,, Ia Granted, no order as to costs |
|
| 1991-10-07 | Hearing of motion to extend time, 1991-10-07, to serve and file the notice of intention of intervention to Oct\03\1991,, Ia | |
| 1991-10-07 | Submission of motion to extend time, 1991-10-07, to serve and file the notice of intention of intervention to Oct\03\1991,, Ia | |
| 1991-10-03 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 1991-10-03 | Response to motion to extend time, to serve and file a Notice of intention of intervention of A.G. Alberta (joint with respondent) | Her Majesty the Queen |
| 1991-10-03 | Affidavit, to serve and file a Notice of intention of intervention; Eduard J. Van Bemmel | Attorney General of Alberta |
| 1991-10-03 | Motion to extend time, to serve and file a Notice of Intention of Intervention | Attorney General of Alberta |
| 1991-09-30 | Case on appeal, 23 copies of vols. 1 to 12 | Her Majesty the Queen |
| 1991-09-12 | Service, of the notice of intervention re Const. Question | |
| 1991-09-12 | Notice of withdrawal, With service | Attorney General of New Brunswick |
| 1991-09-09 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 1991-09-09 | Notice of intervention respecting a constitutional question | Attorney General of Newfoundland |
| 1991-09-09 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 1991-09-09 | Notice of intervention respecting a constitutional question, With service | Attorney General of New Brunswick |
| 1991-09-09 | Notice of intervention respecting a constitutional question, With service | Attorney General of Saskatchewan |
| 1991-09-05 | Notice of intervention respecting a constitutional question, 2 copies, with service | Attorney General of Canada |
| 1991-09-05 | Notice of intervention respecting a constitutional question, With service | Attorney General of Manitoba |
| 1991-08-30 | Notice of intervention respecting a constitutional question | Attorney General of Manitoba |
| 1991-08-12 | Notice of constitutional question(s), With service | Her Majesty the Queen |
| 1991-08-09 | Order on motion to state a constitutional question | |
| 1991-07-30 |
Decision on the motion to state a constitutional question, " For Constitutional Questions see file or Reg`s Red book # 8 @ p.174. Interventions by Sept/9/91, CJ Granted, no order as to costs |
|
| 1991-07-30 | Hearing of the motion to state a constitutional question, 1991-07-30, " For Constitutional Questions see file or Reg`s Red book # 8 @ p.174. Interventions by Sept/9/91, CJ | |
| 1991-07-30 | Submission of motion to state a constitutional question, 1991-07-30, " For Constitutional Questions see file or Reg`s Red book # 8 @ p.174. Interventions by Sept/9/91, CJ | |
| 1991-07-11 | Response to the motion to state a constitutional question, With service | Ellis-Don Limited |
| 1991-07-11 | Motion to state a constitutional question, 2 copies | Her Majesty the Queen |
| 1991-07-02 | Order granting leave to appeal, With service | |
| 1991-06-27 | Notice of appeal, With service | Her Majesty the Queen |
| 1991-06-13 | Notice of deposit of judgment issued to all parties, Lerner & Ass. (Toronto,ON) | |
| 1991-06-13 | Notice of deposit of judgment issued to all parties, Soloway, Wright, Hosuton (Ottawa,ON) | |
| 1991-06-13 |
Judgment of the Court on the application for leave to appeal, CJ So McL, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1991-06-13 | Hearing of the application for leave to appeal, 1991-06-13, CJ So McL | |
| 1991-06-13 | All materials on application for leave submitted to the Judges, 1991-06-13, CJ So McL | |
| 1991-03-28 | All materials on application for leave submitted to the Judges, CJ So McL | |
| 1991-03-04 | $30.00 filing fee, receipt #19213 | Her Majesty the Queen |
| 1991-03-04 | Application for leave to appeal, as filing fee paid, Completed on: 1991-03-04 | |
| 1991-02-13 | Respondent's response on the application for leave to appeal, 5 copies, with service | Ellis-Don Limited |
| 1991-01-30 | Correspondence received from, from Robert E. Houston, re: appeal to be heard with 21779 - Wholesale Travel Group v. Queen | Her Majesty the Queen |
| 1991-01-24 | Book of authorities, 3 copies of vols. 1 and 2, with service | Her Majesty the Queen |
| 1991-01-24 | Application for leave to appeal, 6 copies (missing $30.00), with service, Incomplete | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ellis-Don Limited | Respondent | Active |
| Morra, Rocco | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Manitoba | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Canadian Environmental Law Association | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
P. Tunley
A. Esson
720 BAY ST
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2302
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Ellis-Don Limited
Counsel
2400 - 130 Adelaide St West
Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 867-3076
FAX: (416) 867-9192
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Morra, Rocco
Counsel
2400 - 130 Adelaide St West
Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 867-3076
FAX: (416) 867-9192
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General of Manitoba
Counsel
405 BROADWAY AVE
WINNIPEG, Manitoba
R3C 3L6
Telephone: (204) 945-1951
FAX: (204) 945-0053
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813
Party: Attorney General of Canada
Counsel
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 952-7553
Party: Attorney General of Quebec
Counsel
Monique Rousseau
1200 Rte de l'Église
2e Étage
Ste-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: glaporte@justice.gouv.qc.ca
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General of Alberta
Counsel
LAW CENTRE
52 UNIVERSITY CAMPUS NW
EDMONTON, Alberta
T6G 2H5
Telephone: (403) 492-3115
FAX: (403) 492-4924
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Canadian Environmental Law Association
Counsel
4900 COMMERCE COURT W
PO BOX 438 STN COMMERCE COURT
TORONTO, Ontario
M5L 1J3
Telephone: (416) 862-7525
FAX: (416) 862-7661
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
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.
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Lower court rulings
Provincial Court of Ontario
Not available
See file
Court of Appeal for Ontario
1090/87....
Appeal allowed: Conv. quashed, new trial ordered; Cross-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
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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
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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.
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