Case information

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)
1995-07-11	Correspondence (sent by the Court) to, sent to Federal Court of Canada (Ottawa, ON) enclosing their record (3 boxes including record in file #24154)
1995-07-10	Appeal closed
1995-06-07	Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. Ontario (Ottawa)
1995-06-07	Copy of formal judgment being prepared, Noël, Berthiaume
1995-05-26	Notice of deposit of judgment sent to all parties, Noël, Berthiaume
1995-05-25	Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is dismissed. L'Heureux-Dubé, Cory, McLachlin, and Iacobucci are dissenting. (for answers to constitutionnal questions see file) Dismissed, no order as to costs
1994-11-23	Correspondence (sent by the Court) to, (by fax) of H.J. Wruck, Q.C. in response of Mr. Arvay's letter of Nov. 21/94 re agreement reached at the hearing of the appeal on Nov. 1/94, sent to CJ LaF L'HD So G Co McL I Ma, Nov 23/94
1994-11-22	Correspondence (sent by the Court) to, (by fax) of Joseph J. Arvay being a typed version of the agreement reached at the hearing of the appeal on November 1, 1994 (original filed Nov. 28/94)
1994-11-14	General proceeding, transcripts received and distributed to the justices (165 pages)
1994-11-02	Proof of service, of the intervener's factum
1994-11-02	Proof of service, of the intervener's factum
1994-11-02	Correspondence (sent by the Court) to, of Steven Barrett (Sack Goldblatt Mitchell) dated Nov. 2/94 re: references of Saskatchewan, New Brunswick and Price Edward Island in the course of making his oral submissions during the hearing of the appeal sent to CJ LaF L'HD So G Co McL I Ma Nov 4/94 (
1994-11-01	Hearing of the appeal, 1994-11-01, CJ LaF L'HD So G Co McL Ia Ma Decision reserved
1994-11-01	Discontinuance of motion to adduce new evidence	James Egan
1994-11-01	Proof of service, of the intervener's factum
1994-11-01	Decision on miscellaneous motion, CJ LaF L'HD So G Co McL Ia Ma Traversed, no order as to costs
1994-11-01	Hearing of miscellaneous motion, 1994-11-01, CJ LaF L'HD So G Co McL Ia Ma
1994-11-01	Submission of miscellaneous motion, 1994-11-01, CJ LaF L'HD So G Co McL Ia Ma
1994-10-31	Proof of service, of Book of AAuthorities
1994-10-31	Book of authorities, 10 copies of vol. 1 and 2	Inter-Faith Coalition on Marriage and the Family comprising the Canadian Conference of Catholic Bish
1994-10-31	General proceeding, 24 copies of ERRATUM, PAR. 60 OF THE FACTUM OF THE INTERVENERS INTER-FAITH COALITION	Inter-Faith Coalition on Marriage and the Family comprising the Canadian Conference of Catholic Bish
1994-10-30	Affidavit, of Leah R. Greathead re: motion to abridge the time to adduce new evidence (fax copy) sent to CJ LaF L'HD So G Co McL I Ma, Oct 31/94	James Egan
1994-10-30	Notice of miscellaneous motion, (TO ABRIDGE THE TIME TO FILE THE MOTION TO ADDUCE NEW EVIDENCE) - fax copy sent to CJ LaF L'HD So G Co McL I Ma, Oct 31/94	James Egan
1994-10-30	Affidavit, of Leah R. Greathead (fax copy) sent to CJ LaF L'HD So G Co McL I Ma, Oct 31/94	James Egan
1994-10-30	Motion to adduce new evidence, (fax copy) (joint with motion to abridge the time to file this motion) sent to CJ LaF L'HD So G Co McL I Ma, Oct 31/94	James Egan
1994-10-28	Intervener's factum, 24 copies, with service	Canadian Labour Congress (CLC)
1994-10-28	Intervener's factum, 24 copies, with service	Inter-Faith Coalition on Marriage and the Family comprising the Canadian Conference of Catholic Bish
1994-10-28	Notice of change of counsel, formerly represented by Philip MacAdam to Cynthia Petersen	Moving Party Equality for Gays and Lesbians Everywhere
1994-10-28	General proceeding, to note 10 copies of page 125A to 125E to be inserted in vol. I of the Case on Appeal	James Egan
1994-10-28	Book of authorities, 10 copies, with service	Moving Party Equality for Gays and Lesbians Everywhere
1994-10-28	Intervener's factum, 24 copies, with service	Moving Party Equality for Gays and Lesbians Everywhere
1994-10-28	Book of authorities, 10 copies of vol. 1 to 3, with service	Metropolitan Community Church of Toronto
1994-10-28	Affidavit, OF BRIAN K. RITCHIE (fax copy - 41 pages)	James Egan
1994-10-28	Correspondence (sent by the Court) to, de Sylvie Roussel re: durée de l'argumentation
1994-10-28	Correspondence (sent by the Court) to, of William F. Pentney re: duration of argument
1994-10-27	Book of authorities, 10 copies (joint with Canadian Lamour Congress and Commission des droits de la personne du Québec)	Canadian Human Rights Commission
1994-10-27	Intervener's factum, 24 copies, with service	Attorney General of Quebec
1994-10-27	Notice of withdrawal, (1 copy), with service	Attorney General for Ontario
1994-10-27	Book of authorities, 10 copies of vol. 1 to 4, 4A and 5 - JOINT	Her Majesty the Queen
1994-10-27	Intervener's factum, 24 copies, with service	Metropolitan Community Church of Toronto
1994-10-26	Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1994-10-26	Intervener's factum, 24 copies, with service	Canadian Human Rights Commission
1994-10-21	Correspondence (sent by the Court) to, from Jennifer MacKinnon re: Mr. Joseph J. Arvray will be appearing on behalf of the appellants at the hearing of this appeal
1994-10-20	Intervener's factum, 24 copies, with service	Quebec Human Rights Commission
1994-10-19	Order on motion to extend time, to file the factum to Oct 18/94
1994-10-18	Response to motion to extend time, to file the respondent's factum to Oct. 18/94 (Jennifer MacKinnon)	James Egan
1994-10-18	Motion to extend time, to file the respondent's factum to Oct. 18/94	Her Majesty the Queen
1994-10-18	Respondent's factum, 24 copies, with service	Her Majesty the Queen
1994-10-18	Decision on motion to extend time, to file the factum to Oct 18/94, Reg Granted, no order as to costs
1994-10-18	Hearing of motion to extend time, 1994-10-18, to file the factum to Oct 18/94, Reg
1994-10-18	Submission of motion to extend time, 1994-10-18, to file the factum to Oct 18/94, Reg
1994-10-18	Affidavit, of Lisa M. Hitch (to file the respondent's factum to Oct. 18/94), with service	Her Majesty the Queen
1994-10-17	Correspondence (sent by the Court) to, (by fax) of V. Jennifer Mackinnon to consent to the televising of the appeal (original received on Oct. 19/94)
1994-10-14	Correspondence (sent by the Court) to, from Brian Saunders to Registrar re: does not object to the proposal to televise the hearing of this appeal (fax copy)
1994-10-05	Appeal hearing scheduled, 1994-11-01 Decision reserved
1994-09-26	Order on motion for leave to intervene
1994-09-16	Proof of service, of the Case on Appeal and appellant's factum upon the Canadian Labour Congress
1994-09-12	Response to the motion for leave to intervene, of the Canadian Labour Congress (letterform)	James Egan
1994-09-12	Correspondence (sent by the Court) to, of Brian J. Saunders (Dept. of Justice) to confirm that the Respondent takes no position on the application by the Canadian Labour Congress to intervene in this appeal
1994-09-12	Decision on the motion for leave to intervene, oral argument is limited to 15 minutes, McL Granted, no order as to costs
1994-09-12	Hearing of motion for leave to intervene, 1994-09-12, oral argument is limited to 15 minutes, McL
1994-09-12	Submission of motion for leave to intervene, 1994-09-12, oral argument is limited to 15 minutes, McL
1994-09-08	Proof of service, of the Case on Appeal vol. I to IV and the factum of the appellant on interveners Inter-Faith Coalition (I07) and on Quebec Human Rights Commission (I06)
1994-09-08	Affidavit, of Jean-Claude Parrot to file the motion to intervene by CLC (included into the motion to intervene)	Canadian Labour Congress (CLC)
1994-09-08	Motion to extend time, to file the notice of intervention by CLC - (included into the motion to intervene), with service	Canadian Labour Congress (CLC)
1994-09-08	Affidavit, of Jean-Claude Parrot (2 copies), with service	Canadian Labour Congress (CLC)
1994-09-08	Motion for leave to intervene, 2 copies, with service	Canadian Labour Congress (CLC)
1994-08-17	Correspondence (sent by the Court) to, de Richard Gaudreau (Bergeron Gaudreau) pour aviser la Cour qu'il agit comme correspondant pour la Commission des droits de la personne du Québec
1994-08-17	Proof of service, of the case on appeal and appellant's factum to the intervenor Metropolitan Community Church of Toronto
1994-08-16	Order on motion for leave to intervene
1994-08-16	Order on motion for leave to intervene
1994-08-15	Proof of service, of the case on appeal and the appellant's factum to Egale and Can. Human Rights Commission
1994-08-04	Decision on the motion for leave to intervene, oral argument is limited to 15 minutes., with service, Ia Granted, no order as to costs
1994-08-04	Hearing of motion for leave to intervene, 1994-08-04, oral argument is limited to 15 minutes., with service, Ia
1994-08-04	Submission of motion for leave to intervene, 1994-08-04, oral argument is limited to 15 minutes., with service, Ia
1994-08-03	Correspondence (sent by the Court) to, (by fax) of Mr. Joseph J. Arvay to advise the Court that he takes no position with respect to the application for leave intervene brought by Inter-Faith Coalition for Marriage and the Family
1994-07-29	Correspondence (sent by the Court) to, from Graham Garton to M. Larmour re: does not oppose to the application for leave to intervene by Inter-Faith Coalition (fax copy)
1994-07-28	Decision on the motion for leave to intervene, plaidoirie limitée à 15 minutes, with service, LaF Granted, no order as to costs
1994-07-28	Hearing of motion for leave to intervene, 1994-07-28, plaidoirie limitée à 15 minutes, with service, LaF
1994-07-28	Submission of motion for leave to intervene, 1994-07-28, plaidoirie limitée à 15 minutes, with service, LaF
1994-07-28	Affidavit, to file the motion to intervene by inter-Faith Coalition (1 copy - book form (joint), with service	Inter-Faith Coalition on Marriage and the Family comprising the Canadian Conference of Catholic Bish
1994-07-28	Motion to extend time, to file the motion to intervene by Inter-Faith Coalition et al) - 1 copy - book form (joint), with service	Inter-Faith Coalition on Marriage and the Family comprising the Canadian Conference of Catholic Bish
1994-07-28	Affidavit, (affidavits of Hubbard, Ashraf, Bal, Stiller, Doobay and Sclater) - 1 copy - book form, with service	Inter-Faith Coalition on Marriage and the Family comprising the Canadian Conference of Catholic Bish
1994-07-28	Motion for leave to intervene, (1 copy - book form), with service	Inter-Faith Coalition on Marriage and the Family comprising the Canadian Conference of Catholic Bish
1994-07-27	Correspondence (sent by the Court) to, of H.R. Wruck, Q.C. to advise the Court that he does not oppose nor consent to the application for leave to intervene of the Quebec Human Rights Commission
1994-07-26	Affidavit, of Hélène Tessier (2 copies), with service	Quebec Human Rights Commission
1994-07-26	Motion for leave to intervene, (2 copies), with service	Quebec Human Rights Commission
1994-07-26	Affidavit, to file a motion for leave to intervene (of Hélène Tessier), with service	Quebec Human Rights Commission
1994-07-26	Motion to extend time, to file a motion for leave to intervene (2 copies), with service	Quebec Human Rights Commission
1994-07-22	Correspondence (sent by the Court) to, of Leah R. Greathead (Arvay Finlay) to advise the Court that the appellants are not opposing the application for leave to intervene of the Quebec Human Rights Commission
1994-07-20	Appeal perfected for hearing, Session beginning on 1994-10-03
1994-07-19	Proof of service, of the appellants' factum
1994-07-15	Order on motion to extend time, to file a notice of motion to intervene
1994-07-15	Order on motion for leave to intervene, oral argument for 15 minutes
1994-06-17	Appellant's factum, 24 copies (see order of May 16/94), with service	James Egan
1994-06-16	Decision on the motion for leave to intervene, McL Granted, no order as to costs
1994-06-16	Hearing of motion for leave to intervene, 1994-06-16, McL
1994-06-16	Submission of motion for leave to intervene, 1994-06-16, McL
1994-06-16	Decision on motion to extend time, to intervene, McL Granted, no order as to costs
1994-06-16	Hearing of motion to extend time, 1994-06-16, to intervene, McL
1994-06-16	Submission of motion to extend time, 1994-06-16, to intervene, McL
1994-06-09	Response to the motion for leave to intervene, of Canadian Human Rights Commission (letter form - Joseph J. Arvray for Egan & Nesbitt)	James Egan
1994-06-01	Affidavit, Maxwell F. Yalden, with service	Canadian Human Rights Commission
1994-06-01	Motion for leave to intervene	Canadian Human Rights Commission
1994-05-20	Correspondence (sent by the Court) to, from Joseph J. Arvay; re: consent to an extension of time to file the notice of intervention of the Canadian Human Rights Commission (original filed on June 3/94)
1994-05-20	Correspondence (sent by the Court) to, from H.J. Wruck, Q.C.; re: does not consent nor does it oppose the intervention of the Canadian Human Rights Commission
1994-05-20	Affidavit, to file a notice of motion for leave to intervene; 2 copies; Eddie Taylor, with service	Canadian Human Rights Commission
1994-05-20	Motion to extend time, to file a Notice of motion for leave to intervene; 2 copies, with service	Canadian Human Rights Commission
1994-05-16	Order on motion to extend time, to file appellants factum to June 17/94
1994-05-16	Decision on motion to extend time, to file appellants factum to June 17/94, Reg Granted, no order as to costs
1994-05-16	Hearing of motion to extend time, 1994-05-16, to file appellants factum to June 17/94, Reg
1994-05-16	Submission of motion to extend time, 1994-05-16, to file appellants factum to June 17/94, Reg
1994-05-12	Response to motion to extend time, to file the appellants' factum to JUNE 17, 1994 (Harry Wruck)	Her Majesty the Queen
1994-05-12	Affidavit, to file the appellant's factum to JUNE 17, 1994 (Joseph J. Arvray), with service	James Egan
1994-05-12	Motion to extend time, to file the appellants' factum to JUNE 17, 1994 (motion already granted to May 17, 1994), with service	James Egan
1994-04-29	Order on motion for leave to intervene
1994-04-12	Order on motion to extend time, to file appellants' factum to May 17/94
1994-04-12	Decision on motion to extend time, to file appellants' factum to May 17/94, Reg Granted, no order as to costs
1994-04-12	Hearing of motion to extend time, 1994-04-12, to file appellants' factum to May 17/94, Reg
1994-04-12	Submission of motion to extend time, 1994-04-12, to file appellants' factum to May 17/94, Reg
1994-04-08	Response to motion to extend time, to file the appellants' factum to May 17, 1994 (Harry Wruck, Q.C.) 1 copy	Her Majesty the Queen
1994-04-08	Affidavit, to file the appellants'factum to May 17, 1994 (Joseph J. Arvray) - 1 copy	James Egan
1994-04-08	Motion to extend time, to file the appellants' factum to May 17, 1994 (1 copy)	James Egan
1994-04-07	Decision on the motion for leave to intervene, oral argument limited to 15 minutes, written argument and related material limited to 30 pages, with service, Ia Granted, no order as to costs
1994-04-07	Hearing of motion for leave to intervene, 1994-04-07, oral argument limited to 15 minutes, written argument and related material limited to 30 pages, with service, Ia
1994-04-07	Submission of motion for leave to intervene, 1994-04-07, oral argument limited to 15 minutes, written argument and related material limited to 30 pages, with service, Ia
1994-04-07	Decision on the motion for leave to intervene, oral argument limited to 15 minutes, with service, Ia Granted, no order as to costs
1994-04-07	Hearing of motion for leave to intervene, 1994-04-07, oral argument limited to 15 minutes, with service, Ia
1994-04-07	Submission of motion for leave to intervene, 1994-04-07, oral argument limited to 15 minutes, with service, Ia
1994-04-05	Correspondence (sent by the Court) to, from H. J. Wruck re: will not oppose nor consent to the motion to intervene of the Metropolitan Community Church of Toronto
1994-03-25	Response to the motion for leave to intervene, of Metroppolitan Community Church of Toronto (Joseph J. Arvray - fax copy)	James Egan
1994-02-18	Proof of service, of the case on appeal, vol. 1 to 4 upon A. G. Ontario
1994-02-15	Proof of service, of Case on Appeal vols. 1 to 4 upon A.G. Quebec, Noel, Berthiaume
1994-02-14	Response to the motion for leave to intervene, of Moving Party, Equality for Gays & Lesbiens (Harry J. Wruck, Q.C.)	Her Majesty the Queen
1994-02-14	Notice of intervention respecting a constitutional question, (1 copy), with service	Attorney General of Quebec
1994-02-10	Appeal court record, 1 box (joint with Trial record)
1994-02-10	Trial court record, 1 box (joint with C/A record)
1994-02-10	Certified casebook, vol. I to IV (service admitted on Feb. 2/94), with service	James Egan
1994-02-09	Notice of intervention respecting a constitutional question, With service	Attorney General for Ontario
1994-02-02	Case on appeal, 23 copies of vols. 1 to 4	James Egan
1994-01-25	Notice of constitutional question(s), With service	James Egan
1994-01-24	Order on motion to state a constitutional question
1994-01-12	Decision on the motion to state a constitutional question, CJ, Motion on behalf of the appellants for an order stating Constitutional Questions is granted. It is ordered that the Constitutional Questions in both languages together with this order and the judgment of the Federal Court of Appeal be served on the Attorneys General of the provinces. Notices of interventions to be filed by Feb. 16/94 (for questions, see file) Granted, no order as to costs
1994-01-12	Hearing of the motion to state a constitutional question, 1994-01-12, CJ
1994-01-12	Submission of motion to state a constitutional question, 1994-01-12, CJ
1994-01-11	Response to the motion to state a constitutional question	Her Majesty the Queen
1994-01-11	Proof of service, of the motion to intervene by the Metropolitan Community Church of Toronto to the appellants (1 copy)
1994-01-04	Affidavit, by Reverend Brent Kawkes (book form), with service	Metropolitan Community Church of Toronto
1994-01-04	Motion for leave to intervene, 2 copies (book form), with service	Metropolitan Community Church of Toronto
1994-01-04	Response to the motion for leave to intervene, by the appellant (Joseph J. Arvray) to the motion to intervene of Moving Party, Equality for Gays and Lesbians - fax copy	James Egan
1994-01-04	Affidavit, (Denis LeBlanc) - 2 copies, with service	Moving Party Equality for Gays and Lesbians Everywhere
1994-01-04	Motion for leave to intervene, 2 copies, with service	Moving Party Equality for Gays and Lesbians Everywhere
1993-12-22	Motion to state a constitutional question	James Egan
1993-11-25	Order granting leave to appeal
1993-11-08	Correspondence (sent by the Court) to, sent to Department of Justice (Ottawa, ON) enclosing copy of Rule 32
1993-11-08	Correspondence (sent by the Court) to, sent to Arvay, Finlay (Victoria, BC) enclosing copy of Rule 32
1993-11-04	Notice of appeal, With service	James Egan
1993-10-14	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
1993-10-14	Hearing of the application for leave to appeal, 1993-10-14, CJ McL Ma
1993-10-14	All materials on application for leave submitted to the Judges, 1993-10-14, CJ McL Ma
1993-10-14	Notice of deposit of judgment issued to all parties, Department of Justice (Ottawa, ON)
1993-10-14	Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON)
1993-10-14	Notice of deposit of judgment issued to all parties, Arvay Finlay (Victoria, BC)
1993-07-13	All materials on application for leave submitted to the Judges, CJ McL Ma
1993-07-02	Correspondence received from, sent to Arvay Finlay (Victoria, BC) enclosing receipt for $30.00 filing fee
1993-07-02	Correspondence received from, sent to Burke-Robertson (Ottawa, ON) enclosing receipt for $30.00 filing fee
1993-06-30	Respondent's response on the application for leave to appeal, 5 copies, with service	Her Majesty the Queen
1993-06-17	$30.00 filing fee, receipt no. 27225	James Egan
1993-06-17	Application for leave to appeal, 5 copies, with service, Completed on: 1993-06-17	James Egan

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Egan, James	Applicant	Active
Nesbit, John Norris	Applicant	Active

v.

Main parties - Respondents

Name	Role	Status
Her Majesty the Queen	Respondent	Active

Other parties

Other parties

Name	Role	Status
Moving Party Equality for Gays and Lesbians Everywhere	Intervener	Active
Metropolitan Community Church of Toronto	Intervener	Active
Attorney General of Quebec	Intervener	Active
Canadian Human Rights Commission	Intervener	Active
Quebec Human Rights Commission	Intervener	Active
Inter-Faith Coalition on Marriage and the Family comprising the Canadian Conference of Catholic Bish	Intervener	Active
Islamic Society of North America	Intervener	Active
Ontario Council of Sikhs	Intervener	Active
Evangelical Fellowship of Canada	Intervener	Active
Vishnu Hindu Temple and Focus on the Family	Intervener	Active
Canadian Labour Congress (CLC)	Intervener	Active

Counsel

Summary

Memorandums of argument on application for leave to appeal

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 filing 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.

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Factums on appeal

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.

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