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22506

Morris Greenbaum v. Her Majesty the Queen, Ex Rel, William Andrews, Inspector, City of Toronto

(Ontario) (Criminal) (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)
1997-09-09 Appeal closed
1993-07-27 Correspondence (sent by the Court) to, sent to Ministry of the Attorney General, Court House (Toronto, ON) enclosing their record
1993-03-15 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1993-03-15 Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON)
1993-03-15 Copy of formal judgment being prepared, Shore, Davis & Perkins-McVey (Ottawa, ON)
1993-03-15 Copy of formal judgment being prepared, Maclarin, Corlett (Ottawa, ON)
1993-03-15 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1993-02-26 Notice of deposit of judgment sent to all parties, sent to Gowling, Strathy & Henderson (Ottawa, ON)
1993-02-26 Notice of deposit of judgment sent to all parties, sent to Maclarin, Corlett (Ottawa, ON)
1993-02-26 Notice of deposit of judgment sent to all parties, sent to Shore, Davis & Perkins-McVey (Ottawa, ON)
1993-02-26 Notice of deposit of judgment sent to all parties, sent to Burke-Robertson (Ottawa, ON)
1993-02-25 Judgment on the appeal rendered, R. v. Greenbaum, [1993] 1 S.C.R. 674, LaF L'HD So G Co McL Ia, The appeal is allowed, the appellant's conviction is set aside and an acquittal entered instead.
Allowed, no order as to costs
1992-12-17 General proceeding, transcripts received and distributed to the judges (69 pages)
1992-12-04 Appeal hearing
1992-12-04 Hearing of the appeal, 1992-12-04, LaF L'HD So G Co McL Ia
Decision reserved
1992-11-30 Correspondence (sent by the Court) to, from Lori Sterling; re: does not intend to intervedne on the non-constitutional issues; if the constitutional issues are to be heard than the A.G. Ontario will be intervening
1992-11-27 Order on motion to extend time, to for leave to intervene., with service
1992-11-27 Order on motion for leave to intervene, With service
1992-11-25 Decision on the motion to state a constitutional question, CJ
Dismissed, no order as to costs
1992-11-25 Hearing of the motion to state a constitutional question, 1992-11-25, CJ
1992-11-25 Submission of motion to state a constitutional question, 1992-11-25, CJ
1992-11-25 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, The hearing of this appeal is to be heard in the January 1993 session.
Dismissed, no order as to costs
1992-11-25 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1992-11-25, The hearing of this appeal is to be heard in the January 1993 session.
1992-11-25 Hearing of motion to expedite the appeal, 1992-11-25, The hearing of this appeal is to be heard in the January 1993 session.
1992-11-25 Submission of motion to expedite the appeal, 1992-11-25, The hearing of this appeal is to be heard in the January 1993 session.
1992-11-25 Decision on the motion for leave to intervene, and to present oral argument no longer than 15 minutes., CJ
Granted, no order as to costs
1992-11-25 Hearing of motion for leave to intervene, 1992-11-25, and to present oral argument no longer than 15 minutes., CJ
1992-11-25 Submission of motion for leave to intervene, 1992-11-25, and to present oral argument no longer than 15 minutes., CJ
1992-11-25 Decision on motion to extend time, for leave to intervene, CJ
Granted, no order as to costs
1992-11-25 Hearing of motion to extend time, 1992-11-25, for leave to intervene, CJ
1992-11-25 Submission of motion to extend time, 1992-11-25, for leave to intervene, CJ
1992-11-24 Book of authorities, 10 copies (JOINT - VOL. 1 TO 4) Morris Greenbaum
1992-11-24 Affidavit, to file a notice of intervention Attorney General for Ontario
1992-11-24 Motion to extend time, to file a notice of intervention Attorney General for Ontario
1992-11-24 Response to the motion for leave to intervene, of Attorney General of Ontario Her Majesty the Queen, Ex Rel, William Andrews, Inspector, City of Toronto
1992-11-24 Response to the motion for leave to intervene, of Attorney General of Ontario Morris Greenbaum
1992-11-24 Affidavit, Lori R. Sterling Attorney General for Ontario
1992-11-24 Motion for leave to intervene Attorney General for Ontario
1992-11-19 Response to motion to expedite the appeal, for the postponement of the hearing (joint with R01) Municipality of Metropolitan Toronto
1992-11-19 Response to motion to expedite the appeal, for the postponement of the hearing (joint with I01) Her Majesty the Queen, Ex Rel, William Andrews, Inspector, City of Toronto
1992-11-19 Response to the motion to state a constitutional question, (joint with R01) Municipality of Metropolitan Toronto
1992-11-19 Response to the motion to state a constitutional question, (joint with I01) Her Majesty the Queen, Ex Rel, William Andrews, Inspector, City of Toronto
1992-11-19 Affidavit, for the postponement of the hearing (of Shaun Nakatsuru) Morris Greenbaum
1992-11-19 Motion to expedite the appeal, for the postponement of the hearing Morris Greenbaum
1992-11-19 Motion to state a constitutional question Morris Greenbaum
1992-10-01 Appeal removed from the list
1992-09-30 Appeal hearing scheduled, 1992-12-04
Decision reserved
1992-07-14 General proceeding, memo from Claude E. Alain re: letter dated July 6, 1992, from Mr. Shaun Nakatsuru, counsel for the Appellant in the Greenbaum Case sent up to Justices LaF L'HD So G Co I.
1992-07-13 Correspondence (sent by the Court) to, of Shaun Nakatsuru to the Registrar re Ms. Simpson's request. It would make some sense that the Supreme Court reserve its decision in SHARMA until this case is heard
1992-07-09 Intervener's factum, 24 copies, with service Municipality of Metropolitan Toronto
1992-07-07 Appeal perfected for hearing, Session beginning on 1992-10-05, (Tentative date Dec.4/92)
1992-07-06 Respondent's factum, 24 copies, with service Her Majesty the Queen, Ex Rel, William Andrews, Inspector, City of Toronto
1992-06-23 General proceeding, Memo from Registrar re: letters dated June 12, 92 from Mr. Alan D. Gold file #22332 - June 12, 92 from Mr. George S. Monteith file #22506 and June 16, 92, from Mr. Milan Rupic file #22332 sent up to Justice I.
1992-06-22 Correspondence (sent by the Court) to, from Nakatsuru & Doucette; re: he will be available on Dejc. 4/92 for the hearing of the appeal
1992-06-18 Correspondence (sent by the Court) to, from Beverley Simpson; re: Dec. 4/92 is acceptable for the hearing of the appeal
1992-06-17 Correspondence (sent by the Court) to, dated June 12, 1992 from George S. Monteith (Re: No objection to Ms. Simpson's request if the Court is of the view that it is necessary to defer its decision on the municipal law aspect of the Sharma appeal)
1992-06-17 Correspondence (sent by the Court) to, dated June 12, 1992 from Alan D. Gold (Re: Response to Court's request for his views in respect of Ms. Simpson's letter)
1992-06-15 Correspondence (sent by the Court) to, dated June 11, 1992 from Robert Avinoam (Re: Confirming that December 4, 1992 is an agreeable date for the Intervenant, The Municipality of Metropolitan Toronto)
1992-06-09 General proceeding, to note copies of the letters sent to counsel for the parties in both the Sharma & Greenbaum cases sent to Mr. Justice Iacobucci. Also attached is the factum of the Appellant in the Greenbaum case.
1992-06-08 Correspondence (sent by the Court) to, from Lori Sterling; re: A.G. Ontario will intervene and agreed to Dec. 10/92 for hearing date
1992-06-08 Correspondence (sent by the Court) to, sent to Ms. Beverley Simpson (Toronto,ON) advising her that Court has instructed Registrar to provide copies of her letter to other counsel for the parties in both the Sharma and Greenbaum cases inviting their views on her request. Copy sent to Gowling,
1992-06-08 Correspondence (sent by the Court) to, sent to Mr. Gregory J. Fitch c/o A.G. of Ontario; Mr. Alan D. Gold c/o Gold & Fuerst (Toronto,ON); Mr. George S. Monteith c/o H.W.O. Doyle (Tor,ON); Mr. Shaun Nakatsuru c/o Nakatsuru & Doucette (Tor) together with letter of Ms. Beverley A.B. Simpson dated
1992-06-05 Correspondence (sent by the Court) to, from M. Larmour sent to Lori Sterling c/o A.G. of Ontario (Toronto,ON) advising that the December 10, 1992 date is no longer available and that Mr. Larmour is tentatively scheduling this case for December 4, 1992. Ask that counsel confirm the availabilit
1992-06-01 General proceeding, to note faxed copy of letter dated May 22, 1992 from Ms. B. Simpson (Re: Court reserve its judgment on the Sharma case until it has received written & oral argument in the Greenbaum case.) distributed to the Justices.
1992-06-01 Correspondence (sent by the Court) to, from C. Alain sent to Ms. Beverley A. Simpson (Tor,ON) assuring her that her letter of May 27, 1992 has been received and brought to the attention of the panel of this Court which heard the appeal in the Sharma case.
1992-05-29 Order on motion to extend time, to serve and file the appellant's factum.
1992-05-27 Correspondence (sent by the Court) to, (original) from Beverley A.B. Simpson; re: same issue as Sharma (22332)
1992-05-22 Correspondence (sent by the Court) to, (by fax) from Beverley A.B. Simpson; re: same issues as Des Raj Sharma (22332)
1992-05-21 Decision on motion to extend time, to serve and file the appellant's factum to May/13/1992, McL
Granted, no order as to costs
1992-05-21 Hearing of motion to extend time, 1992-05-21, to serve and file the appellant's factum to May/13/1992, McL
1992-05-21 Submission of motion to extend time, 1992-05-21, to serve and file the appellant's factum to May/13/1992, McL
1992-05-14 General proceeding, hearing date Nov. 9/92; parties agreed Morris Greenbaum
1992-05-13 Response to motion to extend time, to file the appellant's factum to May 13, 1992 Her Majesty the Queen, Ex Rel, William Andrews, Inspector, City of Toronto
1992-05-13 Response to motion to extend time, to file the appellant's factum to May 13, 1992 Municipality of Metropolitan Toronto
1992-05-13 Affidavit, to file the appellant's factum (Michele Newhook) Morris Greenbaum
1992-05-13 Motion to extend time, to file the appellant's factum to May 13, 1992 Morris Greenbaum
1992-05-13 Appellant's factum, 28 copies (returned for correction today - returned from correction May 21/92), with service Morris Greenbaum
1992-04-13 Order on motion to extend time, to serve and file the Case on Appeal book
1992-04-07 Affidavit, to file the Case on Appeal; Michele Newhook (original) Morris Greenbaum
1992-04-07 Decision on motion to extend time, to serve and file the Case on appeal to Apr/06/92, Reg
Granted, no order as to costs
1992-04-07 Hearing of motion to extend time, 1992-04-07, to serve and file the Case on appeal to Apr/06/92, Reg
1992-04-07 Submission of motion to extend time, 1992-04-07, to serve and file the Case on appeal to Apr/06/92, Reg
1992-04-06 General proceeding, Original Case on Appeal, vols. 1 and 2 Morris Greenbaum
1992-04-06 Response to motion to extend time, to file the Case on Appeal to April 6/92 Her Majesty the Queen, Ex Rel, William Andrews, Inspector, City of Toronto
1992-04-06 Affidavit, to file the Case on Appeal to April 6/92; Michele Newhook Morris Greenbaum
1992-04-06 Motion to extend time, to file the Case on Appeal to April 6/92 Morris Greenbaum
1992-03-25 Case on appeal, 23 copies of vols. 1 and 2 (extension of time requested) Morris Greenbaum
1992-03-09 Appeal court record, (1 large box and 1 small box)
1991-12-19 Close file on Leave
1991-12-06 Order on motion for leave to intervene, With service
1991-12-05 Decision on the motion for leave to intervene, and to present argument no longer than 10 minutes, and to hear the appeal together with appeal no. 22332., Ia
Granted, no order as to costs
1991-12-05 Hearing of motion for leave to intervene, 1991-12-05, and to present argument no longer than 10 minutes, and to hear the appeal together with appeal no. 22332., Ia
1991-12-05 Submission of motion for leave to intervene, 1991-12-05, and to present argument no longer than 10 minutes, and to hear the appeal together with appeal no. 22332., Ia
1991-12-03 Response to the motion for leave to intervene, of the Municipality of Metropolitan Toronto; 2 copies Her Majesty the Queen, Ex Rel, William Andrews, Inspector, City of Toronto
1991-12-03 Response to the motion for leave to intervene, of the Municipality of Metropolitan Toronto; 2 copies Morris Greenbaum
1991-12-03 Affidavit, 2 copies; Robert Avinoam Municipality of Metropolitan Toronto
1991-12-03 Motion for leave to intervene, 2 copies, with service Municipality of Metropolitan Toronto
1991-11-21 Notice of appeal, 4 copies, with service Morris Greenbaum
1991-11-14 Notice of deposit of judgment issued to all parties, Shore, Davis & Perkins-McVey (Ottawa,ON)
1991-11-14 Notice of deposit of judgment issued to all parties, Beverly Simpson (Toronto,ON)
1991-11-14 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
1991-11-14 Hearing of the application for leave to appeal, 1991-11-14, CJ So McL
1991-11-14 All materials on application for leave submitted to the Judges, 1991-11-14, CJ So McL
1991-08-12 All materials on application for leave submitted to the Judges, CJ So McL
1991-06-25 Application for leave to appeal, as formal order of C.A., Completed on: 1991-06-25
1991-06-25 General proceeding, to note 6 copies of formal order of the Court of Appeal Morris Greenbaum
1991-06-24 Respondent's response on the application for leave to appeal, 5 copies,, with service Her Majesty the Queen, Ex Rel, William Andrews, Inspector, City of Toronto
1991-06-19 Order on motion to extend the time to file and/or serve the leave application
1991-06-17 Decision on motion to extend time to file and /or serve the leave application, to June/18/1991, McL
Granted, no order as to costs
1991-06-17 Hearing of motion to extend time to file and/ or serve the leave application, 1991-06-17, to June/18/1991, McL
1991-06-17 Submission of motion to extend time to file and/ or serve the leave application, 1991-06-17, to June/18/1991, McL
1991-06-17 Correspondence received from, sent to Shore, Davis (Ottawa,ON) advising that material does not comply with the Court's requirements as formal order of Court of Appeal & the trial court missing.
1991-06-14 Application for leave to appeal, 5 copies (missing orders of trial court and court of appeal), with service, Incomplete Morris Greenbaum
1991-06-14 $30.00 filing fee, receipt # 22788 Morris Greenbaum
1991-06-14 Response to the motion to extend the time to file and / or serve the leave application, to 60 days (faxed copy) Her Majesty the Queen, Ex Rel, William Andrews, Inspector, City of Toronto
1991-06-14 Affidavit, of Shaun Nakatsuru Morris Greenbaum
1991-06-14 Affidavit, of Morris Greenbaum Morris Greenbaum
1991-06-14 Motion to extend the time to file and or serve the application for leave to appeal Morris Greenbaum
1991-06-14 Notice of application for leave to appeal, With service Morris Greenbaum

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
Greenbaum, Morris Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen, Ex Rel, William Andrews, Inspector, City of Toronto Respondent Active

Other parties

Other parties
Name Role Status
Municipality of Metropolitan Toronto Intervener Active
Attorney General for Ontario Intervener Active

Counsel

Party: Greenbaum, Morris

Counsel
Names
Shaun Nakatsuru
Frank Addario
Contact information
Nakatsuru & Doucette
11 Prince Arthur Avenue
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-8390
FAX: (416) 964-5821
Agent
Name
Heather E. Perkins-McVey
Contact information
Shore, Davis, Kehler
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

Party: Her Majesty the Queen, Ex Rel, William Andrews, Inspector, City of Toronto

Counsel
Name
Beverly Simpson
Contact information
City of Toronto
CITY HALL
100 QUEEN ST W
TORONTO, Ontario
M5H 2N2
Telephone: (416) 392-7222
FAX: (416) 392-1199
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Municipality of Metropolitan Toronto

Counsel
Name
H.W.O. Doyle
Contact information
City of Toronto
55 John Street
Station 1260, 26th Floor
Toronto, Ontario
M5V 3C6
Telephone: (416) 392-8040
FAX: (416) 397-5624
Agent
Name
Michael A. Chambers
Contact information
Bédard, Saucier, Lajoie
31, Bourque
Hull, Quebec
J8Y 1X2
Telephone: (819) 771-1210
FAX: (819) 778-8957

Party: Attorney General for Ontario

Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

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

November 14, 1988
Provincial Court of Ontario

Not available

Conviction

November 15, 1989
District Court of Ontario

868/88

Appeal from conviction and sentence dismissed

January 8, 1991
Court of Appeal for Ontario

61/90

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

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

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Date modified: 2025-05-13