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23519

B. I. Maksymec, et al. v. Y.R. Botiuk

(Ontario) (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)
2004-02-12 Correspondence received from, M. Orkin (new counsel) dated Feb. 4, 2004 (joint with 23517) re: needs direction for costs (motion requested) Y.R. Botiuk
1997-08-15 Appeal closed
1995-11-22 Record returned to the Registrar of the Court of Appeal
1995-10-17 Correspondence (sent by the Court) to, sent to Tory Tory Deslauriers & Binnington (Toronto, ON) to advise that the changes set out in the attached memorandum dated Oct 11/95 have been made in Cory J.'s reasons in Botiuk v. Toronto Free Press Publications Ltd. c.c. Burke-Robertson
1995-10-17 Correspondence (sent by the Court) to, sent to Weir & Foulds (Toronto, ON) to advise that the changes set out in the attached memorandum dated Oct 11/95 have been made in Cory J.'s reasons in Botiuk v. Toronto Free Press Publication Ltd. c.c. Nelligan Power
1995-10-17 Correspondence (sent by the Court) to, sent to Osler, Hoskin & Harcourt (Toronto, ON) to advise that the changes set out in the attached memorandum dated Oct 11/95 have been made in Cory J.'s reasons in Botiuk v. Toronto Free Press Publications Ltd. c.c. Patricia Wilson
1995-10-11 General proceeding, CORRECTIONS in the reasons for judgment
1995-10-04 Copy of formal judgment being prepared, Burke-Robertson
1995-10-04 Copy of formal judgment being prepared, Burke-Robertson
1995-10-04 Copy of formal judgment being prepared, Nelligan, Power (Ottawa, ON)
1995-10-03 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1995-09-29 Correspondence (sent by the Court) to, from Tory, Tory to M. Larmour letter dated Sept. 27/95 (fax copy) re: requesting the formal judgment as soon as possible (joint with 23517)
1995-09-22 Notice of deposit of judgment sent to all parties, Burke-Robertson
1995-09-22 Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa, ON)
1995-09-21 Judgment on the appeal rendered, LaF L'HD G Co McL Ia Ma, The appeals are dismissed with costs and the cross-appeals are allowed with costs. (heard with 23517)
Dismissed, no order as to costs
1994-12-21 General proceeding, transcripts received and distributed to the judges (173 pages) - joint wiht 23517
1994-12-08 Hearing of the appeal, 1994-12-08, LaF L'HD G Co McL Ia Ma
Decision reserved
1994-12-08 General proceeding, 10 copies of CHART OF LEADING LIBEL CASES (GIVEN IN COURT BY THE APPELLANT) B. I. Maksymec
1994-12-06 Book of authorities, 10 copies (joint with 23517) Y.R. Botiuk
1994-12-06 Book of authorities, 10 copies B. I. Maksymec
1994-12-05 Correspondence (sent by the Court) to, from C. J. Tzekas re: duration of argument (fax copy)
1994-12-02 Supplemental document, 24 copies of SUPPLEMENTARY CASE ON APPEAL VOL. 8 B. I. Maksymec
1994-12-02 General proceeding, 24 copies of REPLY FACTUM OF THE APPEPLLANTS (RESPONDENT ON CROSS-APPEAL) B. I. Maksymec
1994-12-02 Proof of service, of the reply factum and the supplementary case on appeal, vol. 8
1994-11-24 Order on motion to extend time, to file the factum on the cross-appeal
1994-11-24 Decision on motion to extend time, to file the factum on cross-appeal to 10 days from this order, Reg
Granted, no order as to costs
1994-11-24 Hearing of motion to extend time, 1994-11-24, to file the factum on cross-appeal to 10 days from this order, Reg
1994-11-24 Submission of motion to extend time, 1994-11-24, to file the factum on cross-appeal to 10 days from this order, Reg
1994-11-23 Motion to extend time, to file the appellant's (respondent on cross- appeal) factum B. I. Maksymec
1994-11-23 Response to motion to extend time, of Tory, Tory (re: motion to extend the time to file the appellant's factum (respondent on cross- appeal) Y.R. Botiuk
1994-11-23 Affidavit, of Mark A. Gelowitz (to file the appellant's factum (respondent on cross-appeal) - book form B. I. Maksymec
1994-11-17 Response to motion to extend time, of Osler, Hoskin (to file the supp. case on appeal no. 7 on Nov. 14 and the respondent's factum on Nov. 4/94) - joint with 23517 - book form B. I. Maksymec
1994-11-17 Affidavit, of Jennifer E. Aitken (to file the supp. case on appeal on Nov. 14 and the respondent's factum on Nov. 4/94) - joint with 23517 - book form, with service Y.R. Botiuk
1994-11-17 Motion to extend time, to file the supp. case on appeal no. 7 on Nov. 14 and the respondent's factum on Nov. 4/94 (joint with 23517 - book form), with service Y.R. Botiuk
1994-11-17 Order on motion to extend time, to file the supplementary case on appeal & factum to 10 days from this order
1994-11-17 Decision on motion to extend time, to file the supplementary case on appeal & factum to 10 days from this order, Reg
Granted, no order as to costs
1994-11-17 Hearing of motion to extend time, 1994-11-17, to file the supplementary case on appeal & factum to 10 days from this order, Reg
1994-11-17 Submission of motion to extend time, 1994-11-17, to file the supplementary case on appeal & factum to 10 days from this order, Reg
1994-11-14 Supplemental document, CASE ON APPEAL VOL. VII 24 copies (joint with 23517), with service Y.R. Botiuk
1994-11-04 Decision on the motion for leave to intervene, (THIS ORDER WAS RESCINDED BY THE CHIEF JUSTICE ON NOV 4), CJ
Granted, no order as to costs
1994-11-04 Hearing of motion for leave to intervene, 1994-11-04, (THIS ORDER WAS RESCINDED BY THE CHIEF JUSTICE ON NOV 4), CJ
1994-11-04 Submission of motion for leave to intervene, 1994-11-04, (THIS ORDER WAS RESCINDED BY THE CHIEF JUSTICE ON NOV 4), CJ
1994-11-04 Decision on the motion for leave to intervene, (THIS ORDER WAS RESCINDED BY THE CHIEF JUSTICE ON NOV 4), CJ
Granted, no order as to costs
1994-11-04 Hearing of motion for leave to intervene, 1994-11-04, (THIS ORDER WAS RESCINDED BY THE CHIEF JUSTICE ON NOV 4), CJ
1994-11-04 Submission of motion for leave to intervene, 1994-11-04, (THIS ORDER WAS RESCINDED BY THE CHIEF JUSTICE ON NOV 4), CJ
1994-11-04 Decision on motion to extend time, to intervene, Reg
1994-11-04 Decision on motion to extend time, to intervene, Reg
1994-11-04 Respondent's factum, 24 copies (extension of time requested) (JOINT WITH FACTUM ON CROSS-APPEAL), with service Y.R. Botiuk
1994-11-04 Decision on miscellaneous motion, on consent, the orders of Oct. 27/94, herein granting Church of Scientology and Morris Manning leave to intervene are rescinded, CJ
Granted, no order as to costs
1994-11-04 Hearing of miscellaneous motion, 1994-11-04, on consent, the orders of Oct. 27/94, herein granting Church of Scientology and Morris Manning leave to intervene are rescinded, CJ
1994-11-04 Submission of miscellaneous motion, 1994-11-04, on consent, the orders of Oct. 27/94, herein granting Church of Scientology and Morris Manning leave to intervene are rescinded, CJ
1994-11-04 Hearing of motion to extend time, 1994-03-17, to intervene was withdrawn, Reg
1994-11-04 Hearing of motion for leave to intervene, 1994-09-30, was withdrawn
Decision reserved
1994-11-03 Correspondence (sent by the Court) to, from Marc Somerville re: motion for re-hearing of motion to intervene and motion to intervene by Casey Hill - fax copy (joint with 23517
1994-11-03 General proceeding, RE: FACTUM OF S. CASEY HILL FOR MOTION TO INTERVENE (fax coyp) - joint with 23517 Casey Hill
1994-11-02 Affidavit, of John Koch re: motions to intervene by Casey Hill and to extend the time to file this motion - 2 copies - book form (joint with 23517), with service Casey Hill
1994-11-02 Motion to extend time, to file the motion to intervene by Casey Hill (joint with motion to intervene - book form - 2 copies) (joint with 23517), with service Casey Hill
1994-11-02 Affidavit, of John Koch re: motions to intervene by Casey Hill and to extend the time to file these motions (2 copies - book form) - joint with 23517, with service Casey Hill
1994-11-02 Motion for leave to intervene, 2 copies - book form (joint with motion to extend the time to file this motion) - joint with 23517, with service Casey Hill
1994-11-02 Response to the motion for leave to intervene, THE APPELLANT DOES NOT CONSENT TO THE INTERVENTION BY CASEY HILL (letter form) - fax copy B. I. Maksymec
1994-11-02 Notice of miscellaneous motion, FOR A REHEARING OF THE MOTIONS FOR LEAVE TO INTERVENE BROUGHT BY THE CHURCH OF SCIENTOLOGY AND MORRIS MANNING WHICH WERE GRANTED BY CJ (2 copies - joint with 23517) B. I. Maksymec
1994-10-31 Order on motion to file a lengthy factum
1994-10-31 Decision on motion to file a lengthy factum, permitting the filing of a single factum of 55 pages in length in both appeals, Reg
Granted, no order as to costs
1994-10-31 Hearing of motion to file a lengthy factum, 1994-10-31, permitting the filing of a single factum of 55 pages in length in both appeals, Reg
1994-10-31 Submission of motion to file a lengthy factum, 1994-10-31, permitting the filing of a single factum of 55 pages in length in both appeals, Reg
1994-10-28 Response to the motion to file a lengthy factum, of Osler, Hoskin & Harcourt re: to file a single factum of 55 pages in response to both appeals B. I. Maksymec
1994-10-28 Affidavit, of Jennifer E. Aitken re: to file a single factum of 55 pages in response to both appeals - 7 copies book form (joint with 23517), with service Y.R. Botiuk
1994-10-28 Motion to file a lengthy factum, (to file a single factum o 55 pages in response to both appeals) - 7 copies - book form (joint with 23517), with service Y.R. Botiuk
1994-10-24 Appeal hearing scheduled, 1994-12-08
Decision reserved
1994-10-05 General proceeding, 5 copies of reply memorandum, with service Morris Manning
1994-09-30 General proceeding, 2 copies of argument and authorities on motion by Church of Scientology and Morris Manning to intervene Y.R. Botiuk
1994-09-30 General proceeding, 2 copies of factum of S. Casey Hill on motions by Church of Scientology and Morris Manning to intervene
1994-09-30 Decision on motion to extend time, to intervene
Traversed, no order as to costs
1994-09-30 Hearing of motion to extend time, 1994-09-30, to intervene
Decision reserved
1994-09-30 Submission of motion to extend time, 1994-09-30, to intervene
Decision reserved
1994-09-30 Hearing of motion for leave to intervene, 1994-09-30
Decision reserved
1994-09-30 Submission of motion for leave to intervene, 1994-09-30
Decision reserved
1994-09-30 Decision on motion to extend time, to intervene
Traversed, no order as to costs
1994-09-30 Hearing of motion to extend time, 1994-09-30, to intervene
Decision reserved
1994-09-30 Submission of motion to extend time, 1994-09-30, to intervene
Decision reserved
1994-09-30 Hearing of motion for leave to intervene, 1994-09-30
Decision reserved
1994-09-30 Submission of motion for leave to intervene, 1994-09-30
Decision reserved
1994-09-29 General proceeding, 2 copies of the factum of Church of Scientology of Toronto in support of the motion to intervene (joint with 23517) Church of Scientology of Toronto
1994-09-29 General proceeding, 2 copies of submissions to the motion for leave to intervene by Church of Scientology, with service B. I. Maksymec
1994-09-29 General proceeding, 2 copies of factum on motion for leave to interven e, with service Morris Manning
1994-09-27 Motion to extend time, to file the motion to intervene on Sept. 27/94 (included into the motion book) - joint with 23517, with service Morris Manning
1994-09-27 Correspondence (sent by the Court) to, from David Brown to M. Larmour re: enclosing 5 copies of a motion record on behalf of M. Manning (joint with 23517)
1994-09-27 Motion for leave to intervene, 5 copies (book form) - joint with 23517, with service Morris Manning
1994-09-26 Proof of service, of motion record
1994-09-23 Correspondence (sent by the Court) to, from Marc J. Somerville to M. Larmour re: motion to intervene by Church of Scientology of Toronto
1994-09-23 Motion to extend time, to file the motion to intervene (book form - joint with 23517), with service Church of Scientology of Toronto
1994-09-23 Affidavit, of R. Ross Wells (book form - joint with 23517), with service Church of Scientology of Toronto
1994-09-23 Motion for leave to intervene, (1 copy - book form) (joint with 23517), with service Church of Scientology of Toronto
1994-08-05 Appeal perfected for hearing, Session beginning on 1994-10-03
1994-07-22 Certified casebook, (Supplementary) vol. VI (joint with vol. I to V of file 23517) SEE ORDER OF JULY 15/94 B. I. Maksymec
1994-07-22 Case on appeal, (Supplementary) vol. VI (joint with vol. I to V of file 23517) SEE ORDER OF JULY 15/94 (23 copies) B. I. Maksymec
1994-07-15 Order on motion to extend time, to file joint C/A and appellants' factum ten days after the date of this order
1994-07-15 Decision on motion to extend time, to file the joint Case on Appeal and the appellants' factum ten days after the date of this order, with service, DeRg
Granted, no order as to costs
1994-07-15 Hearing of motion to extend time, 1994-07-15, to file the joint Case on Appeal and the appellants' factum ten days after the date of this order, with service, DeRg
1994-07-15 Submission of motion to extend time, 1994-07-15, to file the joint Case on Appeal and the appellants' factum ten days after the date of this order, with service, DeRg
1994-07-12 Response to motion to extend time, to file the Case on appeal and appellant's factums to ten days after the date of the Order sought (joint with 23517) Y.R. Botiuk
1994-07-11 Affidavit, to file the Case on appeal and Appellants' factum to ten (10) days after the date of the Order sought; Mark A. Gelowitz; 2 copies; (joint with 23517), with service B. I. Maksymec
1994-07-11 Motion to extend time, to file the Case on Appeal and appellants' factums to ten (10) days after the date of the Order sought; 2 copies; (joint with 23517), with service B. I. Maksymec
1994-06-10 Appellant's factum, 24 copies (extension of time requested), with service B. I. Maksymec
1994-06-08 Order granting leave to appeal, and leave to cross-appeal
1994-04-18 Notice of deposit of judgment issued to all parties, Nelligan, Power (Ottawa, ON)
1994-04-14 Decision on motion to extend time, for leave to cross-appeal (leave to appeal by Botiuk) is dismissed with costs to Roman Maksymiw as per M. Larmour, Reg
1994-03-17 Order on motion to extend time, to file notice of cross-appeal to Dec 29/93
1994-03-17 Decision on motion to extend time, to serve & file a notice of cross-appeal to Dec 29/93, Reg
Granted, no order as to costs
1994-03-17 Hearing of motion to extend time, 1994-03-17, to serve & file a notice of cross-appeal to Dec 29/93, Reg
1994-03-17 Submission of motion to extend time, 1994-03-17, to serve & file a notice of cross-appeal to Dec 29/93, Reg
1994-03-15 Response to motion to extend time, to serve and file the Notice of cross-appeal B. I. Maksymec
1994-03-15 Affidavit, to serve and file the notice of cross-appeal to Dec. 29/93; Jenifer E. Aitken, with service Y.R. Botiuk
1994-03-15 Motion to extend time, to serve and file the Notice of cross-appeal to Dec. 29/93, with service Y.R. Botiuk
1994-02-21 Order on motion to reduce number of copies
1994-02-17 Order on motion to reduce number of copies
1994-02-17 Decision on motion to reduce number of copies, Reg, IT IS ORDERED that: 1. The Case on Appeal in the within appeals shall be a Joint Case on Appeal; 2. One full copy of the Case on Appeal shall be filed with the Court, consisting in the case transmitted to the Registrar of this Court by the Registrar of the Court of Appeal for Ontario pursuant to section 63 of the Supreme Court Act; 3. The appellants in appeal no. 23517 shall file, together with their factum, twenty-four copies of a Supplementary Case on Appeal containing all pleadings and copies of those extracts from the transcripts of evidence and exhibits upon which they intend to rely, said case to include the Formal Orders and reasons for judgment of each Court below; 4. The appellants in appeal no. 23519 and the respondent shall file together with their factums, a Supplementary Case on Appeal containing any additional evidence or exhibits upon which they intend to rely.
Granted, no order as to costs
1994-02-17 Hearing of motion to reduce number of copies, 1994-02-17, Reg
1994-02-17 Submission of motion to reduce number of copies, 1994-02-17, Reg
1994-02-15 Response to motion to reduce number of copies Y.R. Botiuk
1994-02-14 Affidavit, 2 copies; Mark A. Gelowitz, with service B. I. Maksymec
1994-02-14 Motion to reduce number of copies, 2 copies, with service B. I. Maksymec
1994-02-11 Appeal court record, 2 boxes (joint with Trial record) (joint with 23517)
1994-02-11 Trial court record, 2 boxes (joint with C/A record) (joint with 23517)
1994-01-06 Notice of deposit of security, (1 copy), with service
1993-12-30 Notice of cross appeal, (1 copy), with service Y.R. Botiuk
1993-11-29 Correspondence (sent by the Court) to, sent to Nelligan, Power (Ottawa, ON) enclosing copy of revised formal pronouncement
1993-11-29 Correspondence (sent by the Court) to, sent to Burke-Robertsoon (Ottawa, ON) enclosing copy of revised formal pronouncement
1993-11-19 $500 security deposit paid, direction #2290 B. I. Maksymec
1993-11-16 Notice of cross appeal, 10 copies, with service Y.R. Botiuk
1993-11-16 Notice of cross appeal, 10 copies, with service Y.R. Botiuk
1993-11-15 Correspondence (sent by the Court) to, sent to Tory, Tory, Deslauriers & Binnington (Toronto, ON) enclosing copy of Rule 32
1993-11-15 Correspondence (sent by the Court) to, sent to Weir & Foulds (Toronto, ON) enclosing copy of Rule 32
1993-11-12 Notice of appeal, With service B. I. Maksymec
1993-10-14 Judgment of the Court on the application for leave to appeal, LaF Co Ia, The application for leave to appeal and the application for leave to cross-appeal are granted. (revised Nov. 1/93)
Granted, no order as to costs
1993-10-14 Hearing of the application for leave to appeal, 1993-10-14, LaF Co Ia
1993-10-14 All materials on application for leave submitted to the Judges, 1993-10-14, LaF Co Ia
1993-10-14 Notice of deposit of judgment issued to all parties, Nelligan, Power (Ottawa, ON)
1993-10-14 Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON)
1993-05-10 All materials on application for leave submitted to the Judges, LaF Co I
1993-04-22 Respondent's response on the application for leave to appeal, 5 copies Y.R. Botiuk
1993-04-15 Correspondence received from, sent to Nelligan, Power (Ottawa, ON) enclosing receipt for $30.00 filing fee.
1993-04-06 $30.00 filing fee, receipt no. 26877 B. I. Maksymec
1993-04-05 Application for leave to appeal, 5 copies (TO BE SENT WITH 23510 and 23517), with service, Completed on: 1993-04-05 B. I. Maksymec

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
Maksymec, B. I. Applicant Active
Maksymec & Associates Ltd. Applicant Active

v.

Main parties - Respondents
Name Role Status
Botiuk, Y.R. Respondent Active

Counsel

Party: Maksymec, B. I.

Counsel
Name
Bryan Finlay, Q.C.
Contact information
WeirFoulds LLP
1600 - 130 King Street West
P.O. Box 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 365-1110
FAX: (416) 365-1876
Email: bfinlay@weirfoulds.com
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: Maksymec & Associates Ltd.

Counsel
Name
Bryan Finlay, Q.C.
Contact information
WeirFoulds LLP
1600 - 130 King Street West
P.O. Box 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 365-1110
FAX: (416) 365-1876
Email: bfinlay@weirfoulds.com
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: Botiuk, Y.R.

Counsel
Name
Sheila Block
Contact information
Tory Tory DesLauriers & Binningnton
3000 Aetna Tower
PO Box 270 Stn Toronto Dominion
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-0040
FAX: (416) 865-7380
Agent
Name
V. Jennifer Mackinnon
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
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

May 25, 1989
Ontario Court of Justice (General Division)

31817/78

action dismissed

February 3, 1993
Court of Appeal for Ontario

451/89

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.

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Date modified: 2025-05-13