Skip to main content

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.


23403

Canadian Broadcasting Corporation, et al. v. Lucien Dagenais, et al.

(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)
1995-09-25 Close file on Leave
1995-01-04 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1995-01-04 Copy of formal judgment being prepared, Burke-Robertson
1995-01-04 Copy of formal judgment being prepared, Nelligan, Power (Ottawa, ON)
1995-01-04 Copy of formal judgment being prepared, McCarthy, Tétrault (Ottawa, ON)
1995-01-04 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1994-12-09 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON)
1994-12-09 Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa, ON)
1994-12-09 Notice of deposit of judgment sent to all parties, McCarthy, Tétrault (Ottawa, ON)
1994-12-09 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1994-12-08 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma
Dismissed, no order as to costs
1994-12-08 Hearing of the appeal, 1994-12-08, CJ LaF L'HD So G Co McL Ia Ma
1994-12-08 Appeal hearing scheduled, 1994-12-08
1994-12-08 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed, La Forest, L'Heureux-Dubé and Gonthier JJ. dissenting. The orders of the Court of Appeal of Ontario and of Gotlib J. of the Ontario Court of Justice (General Division) are set aside.
Allowed, no order as to costs
1994-02-03 General proceeding, transcripts received and distributed to the judges (134 pages)
1994-01-24 General proceeding, 12 copies of judgment re: REINE - C - FERNANDE TREMBLAY (TO BE DISTRIBUTED TO THE JUDGES)
1994-01-24 Hearing of the appeal, 1994-01-24, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1994-01-24 General proceeding, to note 10 copies of "Extracts from the Appellant' s book of authorities" given in Court Canadian Broadcasting Corporation
1994-01-24 General proceeding, to note 10 copies of authorities given in Court (The Constitution Act, 1867) Lucien Dagenais
1994-01-21 Book of authorities, 10 copies of vol. I & II John Newton Smith
1994-01-21 Book of authorities, 10 copies Lucien Dagenais
1994-01-21 Book of authorities, 10 copies (joint with 23596), with service Attorney General for Ontario
1994-01-21 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1994-01-20 Correspondence (sent by the Court) to, from McCarthy, Tetreault re: durantion of argument
1994-01-19 Intervener's factum, 9 copies (15 more copies coming on Jan. 29, 1994) - distributed to the clercs on Jan. 19, 1994) (24 OTHER COPIES RECEIVED ON JAN. 20 , 1994) Attorney General for Ontario
1994-01-18 General proceeding, (NOTICE OF CHANGE OF SOLICITORS AND AGENTS FROM MARK EDWARDS OF NELLIGAN TO CHARLES GIBSON OF VINCENT, DAGENAIS, GOUR & ROY, 325 Dalhousie, Suite 600, Ottawa, Ont. K1N-7G2 (235-2599)
1994-01-18 Book of authorities, 10 copies Canadian Association of Journalists
1994-01-17 Book of authorities, 10 copies of vol. I to IV Canadian Broadcasting Corporation
1994-01-10 Intervener's factum, 24 copies, with service Canadian Association of Journalists
1994-01-10 Intervener's factum, 24 copies, with service John Newton Smith
1994-01-07 Appeal hearing scheduled, 1994-01-24
Decision reserved
1993-12-30 Notice of withdrawal, (correspondence from MacDermid Lamarsh re: client does not wish to participate in appeal)
1993-12-30 Notice of withdrawal, (correspondence from MacDermid Lamarsh re: client does not with to participate in the appeal) Robert Radford
1993-12-30 Notice of withdrawal, (correspondence from MacDermid Lamarsh re: client does not wish to participate in the appeal) Joseph Dugas
1993-12-29 Appeal court record, (1 copy of the Appeal book)
1993-12-29 Respondent's factum, 25 copies, with service Lucien Dagenais
1993-12-23 Correspondence (sent by the Court) to, (fax) fr. Joseph Markson re: no need to proceed with motions
1993-12-21 Correspondence (sent by the Court) to, (by fax) from Gowling; re: motion seeking an order directing the respondent to file their factum
1993-12-20 Affidavit, for the filing of the respondents factum and the intervener's factum; Eduard J. Van Bemmel, with service John Newton Smith
1993-12-20 Motion for directions, for the filing of the respondents factum and the intervener's factum, with service John Newton Smith
1993-12-20 Order on motion for leave to intervene
1993-12-17 Decision on motion to extend time, Ma
Granted, no order as to costs
1993-12-17 Hearing of motion to extend time, 1993-12-17, Ma
1993-12-17 Submission of motion to extend time, 1993-12-17, Ma
1993-12-17 Decision on the motion for leave to intervene, factum will be limited to 20 pages and oral argument to 20 minutes, with service, Ma
Granted, no order as to costs
1993-12-17 Hearing of motion for leave to intervene, 1993-12-17, factum will be limited to 20 pages and oral argument to 20 minutes, with service, Ma
1993-12-17 Submission of motion for leave to intervene, 1993-12-17, factum will be limited to 20 pages and oral argument to 20 minutes, with service, Ma
1993-12-16 Affidavit, for the filing of the respondent's factum and the intervener's factum; 2 copies; Richard g. Dearden Canadian Association of Journalists
1993-12-16 Motion for directions, for the filing of the respondent's factum and the intervener's factum; 2 copies Canadian Association of Journalists
1993-12-08 Correspondence (sent by the Court) to, by Ian Binnie; re: consents to the intervention of A.G. Ontario, but not prepared to consent to the 1 hour for argument, but consents to the 40 pages factum (included in motion record)
1993-12-08 Response to the motion for leave to intervene, of the Attorney General of Ontario (included in motion record) Lucien Dagenais
1993-12-08 Affidavit, Murray D. Segal, with service Attorney General for Ontario
1993-12-08 Affidavit, for leave to intervene; Murray D. Segal, with service Attorney General for Ontario
1993-12-08 Motion for leave to intervene, With service Attorney General for Ontario
1993-12-08 Motion to extend time, for leave to intervene, with service Attorney General for Ontario
1993-12-06 Correspondence (sent by the Court) to
1993-12-01 Correspondence (sent by the Court) to, (by fax) from Gowling; re: date that the factum should be filed
1993-11-17 Correspondence (sent by the Court) to, (by fax) from Gowling sent to Neligan; re: when they intend to file the respondent's factum as the intervener has two weeks to file his factum
1993-10-21 Order on motion for leave to intervene, oral argument not to exceed 15 minutes
1993-10-20 Decision on the motion for leave to intervene, oral argument limited to 15 minutes, with service, Ia
Granted, no order as to costs
1993-10-20 Hearing of motion for leave to intervene, 1993-10-20, oral argument limited to 15 minutes, with service, Ia
1993-10-20 Submission of motion for leave to intervene, 1993-10-20, oral argument limited to 15 minutes, with service, Ia
1993-10-07 Decision on the motion to quash the appeal, Costs in the cause, CJ Co McL Ia Ma
Dismissed, no order as to costs
1993-10-07 Hearing of the motion to quash, 1993-10-07, Costs in the cause, CJ Co McL Ia Ma
1993-10-07 Submission of motion to quash, 1993-10-07, Costs in the cause, CJ Co McL Ia Ma
1993-10-04 Decision on the motion to quash the appeal
Traversed, no order as to costs
1993-10-04 Hearing of the motion to quash, 1993-10-04
Decision reserved
1993-10-04 Submission of motion to quash, 1993-10-04
Decision reserved
1993-09-30 Book of authorities, 10 copies, with service Canadian Broadcasting Corporation
1993-09-24 Affidavit, to appoint counsel to represent the interests of the respondents if necessary, with service Canadian Broadcasting Corporation
1993-09-24 Affidavit, (to expedite the hearing of the appeal) (of William Thorsell) sent to CJ Co McL I Ma, Sept 29, 1993, with service Canadian Broadcasting Corporation
1993-09-24 Notice of miscellaneous motion, to appoint counsel to represent the interests of the respondents if necessary, with service Canadian Broadcasting Corporation
1993-09-24 Motion to expedite the appeal, (to expedite the hearing), with service Canadian Broadcasting Corporation
1993-09-24 Response to the motion to quash, 10 copies, with service Canadian Broadcasting Corporation
1993-09-20 Correspondence (sent by the Court) to, of Colin S. Baxter (McCarthy Tétrault) to request the Motion for a Special Place on the List to be heard together with the Motion to Quash on October 4, 1993
1993-09-07 Affidavit, to inscribe the present appeal for hearing during the Fall session opening October 4, 1993 Canadian Broadcasting Corporation
1993-09-07 Motion to expedite the appeal, to inscribe the present appeal for hearing during the Fall session opening October 4, 1993 Canadian Broadcasting Corporation
1993-09-03 Appeal perfected for hearing, Session beginning on 1994-01-24
1993-09-03 Correspondence (sent by the Court) to, of J.J. Mark Edwards (Nelligan Power) to advise that the respondents have NOT yet TAKEN a position on the motion for leave to intervene of the Canadian Association of Journalists
1993-09-03 Notice of change of counsel, to Peter A. Shoniker and Richard N. Stern (Fedorsen, Shoniker) and Nelligan Power will act as their Ottawa agents, with service Lucien Dagenais
1993-09-03 Motion to quash, 10 copies, with service Lucien Dagenais
1993-09-03 Motion to quash, 10 copies, with service Lucien Dagenais
1993-09-01 Proof of service, of Notice of motion for leave to intervene together with supporting affidavit
1993-09-01 Correspondence (sent by the Court) to, from Henry S. Brown; re: consents to the intervention of the Canadian Association of Journalists
1993-08-27 Correspondence (sent by the Court) to, from Richard G. Dearden re: requesting that the motion to intervene be scheduled at the earliest possible date and also, OTHERS CONSENTS ARE COMING
1993-08-27 Response to the motion for leave to intervene, by Canadian Association of Journalists (1 copy) Canadian Broadcasting Corporation
1993-08-27 Affidavit, of David Stewart-Patterson (1 copy), with service Canadian Association of Journalists
1993-08-27 Motion for leave to intervene, (1 copy), with service Canadian Association of Journalists
1993-08-17 Order on motion for leave to intervene
1993-08-13 Correspondence (sent by the Court) to, of J.J. Mark Edwards (Nelligan Power) to advise the Court the Mr. W.A. Kelly, Q.C. (Kelly, Affleck & Greene) is not co-counsel for the Respondents. Mr. Shoniker, on behalf of the Respondents, is not opposing the motion for leave to intervene of John Newto
1993-08-10 Decision on the motion for leave to intervene, to renew the application for leave to intervene, oral argument is limited to 15 minutes., So
Granted, no order as to costs
1993-08-10 Hearing of motion for leave to intervene, 1993-08-10, to renew the application for leave to intervene, oral argument is limited to 15 minutes., So
1993-08-10 Submission of motion for leave to intervene, 1993-08-10, to renew the application for leave to intervene, oral argument is limited to 15 minutes., So
1993-08-05 Correspondence (sent by the Court) to, of Ian Binnie (McCarthy Tétrault) to consent to the application of Mr. John Smith for intervener status
1993-08-03 Decision on the motion to state a constitutional question, LaF
Dismissed, no order as to costs
1993-08-03 Hearing of the motion to state a constitutional question, 1993-08-03, LaF
1993-08-03 Submission of motion to state a constitutional question, 1993-08-03, LaF
1993-07-28 Correspondence (sent by the Court) to, from Peter A. Shoniker; re: do not oppose the intervention of John Newton Smith
1993-07-09 Response to the motion to state a constitutional question, AMENDED Lucien Dagenais
1993-07-09 Appellant's factum, 25 copies, with service Canadian Broadcasting Corporation
1993-07-09 Certified casebook, With service Canadian Broadcasting Corporation
1993-07-09 Case on appeal, 24 copies Canadian Broadcasting Corporation
1993-07-05 Correspondence (sent by the Court) to, sent to Fedorsen Shoniker (Toronto, ON) c.c. Mark Edwards (Nelligan, Power) enclosing Rule 32
1993-07-05 Correspondence (sent by the Court) to, sent to McCarthy, Tétrault (Toronto, ON) enclosing Rule 32
1993-06-25 Motion to state a constitutional question, AMENDED, with service Canadian Broadcasting Corporation
1993-06-21 Hearing of the motion to state a constitutional question, 1993-06-21
Decision reserved
1993-06-21 Submission of motion to state a constitutional question, 1993-06-21
Decision reserved
1993-06-17 Notice of appeal, With service Canadian Broadcasting Corporation
1993-06-14 Motion to state a constitutional question Canadian Broadcasting Corporation
1993-06-01 Motion for leave to intervene John Newton Smith
1993-05-27 Judgment of the Court on the application for leave to appeal, CJ McL Ma, The application for leave to appeal is granted.
Granted, no order as to costs
1993-05-27 Hearing of the application for leave to appeal, 1993-05-27, CJ McL Ma
1993-05-27 All materials on application for leave submitted to the Judges, 1993-05-27, CJ McL Ma
1993-05-27 Notice of deposit of judgment issued to all parties, Nelligan, Power (Ottawa, ON)
1993-05-27 Notice of deposit of judgment issued to all parties, McCarthy Tétrault (Toronto, ON)
1993-04-08 Decision on motion for leave to intervene, This application is adjourned pending a decision on the application for leave to appeal. If the application is granted the motion can be renewed if the application is dismissed, this application is dismissed.
Traversed, no order as to costs
1993-04-08 Hearing of motion for leave to intervene, 1993-04-08, This application is adjourned pending a decision on the application for leave to appeal. If the application is granted the motion can be renewed if the application is dismissed, this application is dismissed.
Adjourned
1993-04-08 Submission of motion for leave to intervene, 1993-04-08, " This application is adjourned pending a decision on the application for leave to appeal. If the application is granted the motion can be renewed if the application is dismissed.
Adjourned
1993-04-01 Correspondence received from, of Henry S. Brown to advise the Court that the motion is returnable April 8, 1993 John Newton Smith
1993-03-31 Affidavit, (of John Smith), with service John Newton Smith
1993-03-31 Motion for leave to intervene, With service John Newton Smith
1993-03-22 All materials on application for leave submitted to the Judges, CJ McL Maj
1993-03-22 Proof of service, of reply
1993-03-19 Applicant's reply to respondent's argument, 7 copies, with service Canadian Broadcasting Corporation
1993-03-16 Respondent's response on the application for leave to appeal, 5 copies, with service Lucien Dagenais
1993-02-25 Order on motion to strike out, With service
1993-02-18 Decision on motion to strike out, for details on the motion to strike out the affidavit of Leone Earls, see file or Reg's red bo book #9 @p.110., G
Granted, no order as to costs
1993-02-18 Hearing of motion to strike out, 1993-02-18, for details on the motion to strike out the affidavit of Leone Earls, see file or Reg's red bo book #9 @p.110., G
1993-02-18 Submission of motion to strike out, 1993-02-18, for details on the motion to strike out the affidavit of Leone Earls, see file or Reg's red bo book #9 @p.110., G
1993-02-15 Motion to extend time, to file the response Lucien Dagenais
1993-02-15 Motion to strike out, the Affidavit of Leone Earls, with service Lucien Dagenais
1993-02-09 Correspondence received from, sent to McCatthy Tétrault (Toronto,ON) Re: acknowledge receipt of material together with enclosed filing fee.
1993-01-29 $30.00 filing fee, receipt #26517 Canadian Broadcasting Corporation
1993-01-29 Application for leave to appeal, 5 coopies (SEE NEW APPLICATION RECEIVED ON FEB. 19, 1993), with service 5 NEW COPIES OF THE APPLICATION (SEE ORDER DATED 18-02-93 - L. Earl's affidavit strike out), with service, Completed on: 1993-02-19 Canadian Broadcasting Corporation

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
Canadian Broadcasting Corporation Applicant Active
National Film Board of Canada Applicant Active

v.

Main parties - Respondents
Name Role Status
Dagenais, Lucien Respondent Active
Monette, Leopold Respondent Active
Dugas, Joseph Respondent Active
Radford, Robert Respondent Active

Other parties

Other parties
Name Role Status
Newton Smith, John Intervener Active
Canadian Association of Journalists Intervener Active
Attorney General for Ontario Intervener Active

Counsel

Party: Canadian Broadcasting Corporation

Counsel
Names
W. Ian C. Binnie, Q.C.
Peter A. Shoniker
Contact information
McCarthy Tétrault
4700 TD BANK TOWER
PO BOX 48
TORONTO, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
Name
Colin Baxter
Contact information
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386

Party: National Film Board of Canada

Counsel
Name
W. Ian C. Binnie, Q.C.
Contact information
McCarthy Tétrault
4700 TD BANK TOWER
PO BOX 48
TORONTO, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
Name
Colin Baxter
Contact information
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386

Party: Dagenais, Lucien

Counsel
Names
Peter A.E. Shoniker
W. Ian C. Binnie
Contact information
Fedorsen, Shoniker
551 GERRARD ST E
TORONTO, Ontario
M4M 1X7
Telephone: (416) 463-6666
FAX: (416) 463-8259
Agent
Name
J.J. Mark Edwards
Contact information
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Monette, Leopold

Counsel
Name
Peter A.E. Shoniker
Contact information
Fedorsen, Shoniker
551 GERRARD ST E
TORONTO, Ontario
M4M 1X7
Telephone: (416) 463-6666
FAX: (416) 463-8259
Agent
Name
Dougald E. Brown
Contact information
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca

Party: Dugas, Joseph

Counsel
Name
Peter A.E. Shoniker
Contact information
Fedorsen, Shoniker
551 GERRARD ST E
TORONTO, Ontario
M4M 1X7
Telephone: (416) 463-6666
FAX: (416) 463-8259
Agent
Name
Dougald E. Brown
Contact information
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca

Party: Radford, Robert

Counsel
Name
Peter A.E. Shoniker
Contact information
Fedorsen, Shoniker
551 GERRARD ST E
TORONTO, Ontario
M4M 1X7
Telephone: (416) 463-6666
FAX: (416) 463-8259
Agent
Name
Dougald E. Brown
Contact information
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca

Party: Newton Smith, John

Counsel
Name
Julius H. Grey
Contact information
Grey, Casgrain
2102 - 3410 rue Peel
Montréal, Quebec
H3A 1W8
Telephone: (514) 288-6180
FAX: (514) 288-8908
Email: julius.grey@sympatico.ca
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com

Party: Canadian Association of Journalists

Counsel
Names
Randall J. Hofley
Richard G. Dearden
Contact information
Gowling Lafleur Henderson
2600 - 160 ELGIN ST
PO BOX 466 STN D
OTTAWA, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869

Party: Attorney General for Ontario

Counsel
Name
James K. Stewart
Contact information
Attorney General for Ontario
720 BAY ST
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2220
FAX: (416) 326-4656
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

December 4, 1992
Ontario Court of Justice (General Division)

2078/92

see file

December 18, 1992
Court of Appeal for Ontario

C13873

appeal allowed in part

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: 2025-05-13