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23644

C. M. v. Catholic Children's Aid Society of Metropolitan Toronto, et al.

(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)
1994-05-26 Copy of formal judgment being prepared, Perley-Robertson, Panet, Hill & McDougall (Ottawa, ON)
1994-05-26 Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON)
1994-05-19 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario
1994-05-06 Notice of deposit of judgment sent to all parties, Perley-Robertson, Panet, Hill & McDougall (Ottawa, ON)
1994-05-06 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON)
1994-05-05 Judgment on the appeal rendered, LaF L'HD So G Co McL Ia, The appeal is dismissed without costs.
Dismissed, without costs
1993-12-20 General proceeding, transcripts received and distributed to the judges (164 pages)
1993-12-07 Hearing of the appeal, 1993-12-07, LaF L'HD So G Co McL Ia
Decision reserved
1993-12-07 Decision on motion to adduce new evidence
Traversed, no order as to costs
1993-12-07 Hearing of the motion to adduce new evidence, 1993-12-07
Decision reserved
1993-12-07 Submission of motion to adduce new evidence, 1993-12-07
Decision reserved
1993-12-03 General proceeding, 24 copies of Case on Appeal Volume XIII, with service C. M.
1993-12-02 Appellant's argument on the motion to adduce new evidence, 10 COPIES, with service C. M.
1993-12-01 Book of authorities, 10 copies of joint - vols. 4 Catholic Children's Aid Society of Metropolitan Toronto
1993-12-01 Correspondence (sent by the Court) to, (by fax) from Elaine Freedman; re: cases in the joint authorities vol. 4 - respondent refers to the cases in the factum for Child's counsel sent to LaF L'HD So G Co McL I, Dec. 2/93
1993-11-30 Response to the motion to adduce new evidence, 10 copies (TO BE DISTRIBUTED TO THE JUDGES, THIS DOCUMENT IS NECESSARY AT THE HEARING OF THE APPEAL) C. M.
1993-11-29 General proceeding, 10 copies (CHILD AND FAMILY SERVICES ACT) sent to LaF L'HD So G Co McL I, Nov. 26/93 Catholic Children's Aid Society of Metropolitan Toronto
1993-11-26 Book of authorities, 10 copies of vol. I (VOL. 2 AND 3 FILED BY THE RESPONDENT FILED ON NOV. 30, 1993 - JOINT) C. M.
1993-11-25 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1993-11-24 Respondent's factum, 24 copies sent to LaF L'HD So G Co McL I, Nov. 26, 1993, with service Catholic Children's Aid Society of Metropolitan Toronto
1993-11-22 Respondent's factum, 24 copies, with service Office of the Official Guardian
1993-11-22 General proceeding, to note 10 copies of the Fresh Evidence Catholic Children's Aid Society of Metropolitan Toronto
1993-11-22 Motion to adduce new evidence, 10 copies offactum of the respondent...RETURNABLE AT THE HEARING OF THE APPEAL, with service Catholic Children's Aid Society of Metropolitan Toronto
1993-11-22 Affidavit, 10 copies RETURNABLE AT THE HEARING OF THE APPEAL, with service Catholic Children's Aid Society of Metropolitan Toronto
1993-11-22 Motion to adduce new evidence, 10 copies RETURNABLE AT THE HEARING OF THE APPEAL, with service Catholic Children's Aid Society of Metropolitan Toronto
1993-11-17 $500 security deposit paid, direction #2289 C. M.
1993-11-17 Appellant's factum, 24 copies, with service C. M.
1993-11-17 Certified casebook, vol. I to XI C. M.
1993-11-17 Case on appeal, 23 copies of vol. I, X and XI ; 11 copies of vol. II to IX and 24 copies of Supplementary volume (vol. XII) C. M.
1993-11-15 Decision on motion for additional time to present oral argument, i) appellant - 2 hours / ii) respondent Society - 1 hour / iii) respondent Counsel for Child - 1 hr, CJ
Granted, no order as to costs
1993-11-15 Hearing of motion for additional time to present oral argument, 1993-11-15, i) appellant - 2 hours / ii) respondent Society - 1 hour / iii) respondent Counsel for Child - 1 hr, CJ
1993-11-15 Submission of motion for additional time to present oral argument, 1993-11-15, i) appellant - 2 hours / ii) respondent Society - 1 hour / iii) respondent Counsel for Child - 1 hr, CJ
1993-11-15 Decision on motion to dispense with printing, reducing the number of copies of the transcript of evidence to 12 copies, CJ
Granted, no order as to costs
1993-11-15 Hearing of motion to dispense with printing, 1993-11-15, reducing the number of copies of the transcript of evidence to 12 copies, CJ
1993-11-15 Submission of motion to dispense with printing, 1993-11-15, reducing the number of copies of the transcript of evidence to 12 copies, CJ
1993-11-12 Response to the motion for additional time to present oral argument Office of the Official Guardian
1993-11-12 Response to the motion for additional time to present oral argument Catholic Children's Aid Society of Metropolitan Toronto
1993-11-12 Response to motion to dispense with printing, to file 12 copies only of the transcripts of evidence Office of the Official Guardian
1993-11-12 Response to motion to reduce number of copies, to file 12 copies only of transcripts of evidence Catholic Children's Aid Society of Metropolitan Toronto
1993-11-12 Affidavit, (of Ian Richard Mang) C. M.
1993-11-12 Affidavit, (of Ian Richard Mang) to file only 12 copies of transcripts of evidence C. M.
1993-11-12 Motion for additional time to present oral argument, to wit: 2 hours for the appellant, 1 hour for respondent Children's Aid and 1 hour for the Child C. M.
1993-11-12 Motion to dispense with printing, to file 12 copies only of transcripts of evidence C. M.
1993-11-03 Decision on the miscellaneous motion, of order of access made Aug 23/93 by Madame Justice McLachlin
Traversed, no order as to costs
1993-11-03 Hearing of miscellaneous motion, 1993-11-03, of order of access made Aug 23/93 by Madame Justice McLachlin
Adjourned
1993-11-03 Submission of miscellaneous motion, 1993-11-03, of order of access made Aug 23/93 by Madame Justice McLachlin
Adjourned
1993-11-02 Affidavit, of Marla Hume in response to the C.C.A.S. application to terminate access, with service Office of the Official Guardian
1993-11-01 Affidavit, of Maria Skultety in response to the Catholic Children's Aid Society's motion to vary pronouncement C. M.
1993-10-28 General proceeding, RESPONDENT SOCIETY'S MEMORANDUM ON MOTION TO VARY 2 copies Catholic Children's Aid Society of Metropolitan Toronto
1993-10-28 Affidavit, of the order of McL of August 23/93 (of James R. Wilkes) (bookform 2 copies) Catholic Children's Aid Society of Metropolitan Toronto
1993-10-28 Affidavit, of the order of McL of August 23/93 (of Maria Manuela DeSousa) (bookform 2 copies) Catholic Children's Aid Society of Metropolitan Toronto
1993-10-28 Notice of miscellaneous motion, of Order of access of Madam Justice McLachlin on August 23, 1993 (bookform 2 copies) Catholic Children's Aid Society of Metropolitan Toronto
1993-10-18 Correspondence (sent by the Court) to, from Mang, Steinberg; re: requesting that the appellant and respondent be permitted to oral pleadings of 2 hours each and that the Case on Appeal should not be printed in full
1993-10-06 Correspondence (sent by the Court) to, from Mang, Steinberg & Skultety re: dispensing with printing
1993-09-24 Appeal hearing scheduled, 1993-12-07
Decision reserved
1993-09-02 Proof of service, of Notice of Appeal, with service
1993-08-30 Notice of appeal, (FAX COPY) C. M.
1993-08-24 Correspondence (sent by the Court) to, (original) from Marvin M. Bernstein; re: inerim access
1993-08-23 Order issued on motion for a stay of execution
1993-08-23 Decision on the motion for a stay of execution, McL, UPON APPLICATION of the Appellant for an order staying the Judgment of the Court of Appeal for Ontario which judgment ordered that Susana M. become a crown ward without access for the purpose of adoption and for an order for interim access between the Appellant and Susana M. pending determination of this appeal; AND HAVING READ the material filed and having heard counsel for the parties; It is hereby ordered that: 1. The judgment of the Court of Appeal for Ontario is stayed pending determination of this appeal. 2. The appellant shall have interim access to Susana M. pending determination of this appeal. Access shall occur on a weekly basis for a period of two hours and shall be supervised by the Catholic Children's Aid Society of Metropolitan Toronto. For the purposes of exercising this access, the Appellant shall attend at the offices of the Society's Dufferin Branch, and the access may take place outside the offices if so agreed to by the parties.
Granted, no order as to costs
1993-08-23 Hearing of motion for a stay of execution, 1993-08-23, McL
1993-08-23 Submission of motion for a stay of execution, 1993-08-23, McL
1993-08-19 Correspondence (sent by the Court) to, (by fax) from Marvin M. Bernstein; re: interim access
1993-08-19 Correspondence (sent by the Court) to, (by fax) from Elaine Freedman; re: that the Court determine the interim access
1993-08-19 Correspondence (sent by the Court) to, (by fax) from Marvin M. Bernstein; re: that the court makes its decision with respect to the interim access (original filed on August 27, 1993)
1993-08-12 Correspondence (sent by the Court) to, (by fax) from Ian R. Mang; re: consider the motion on the stay
1993-08-12 Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON)
1993-08-12 Notice of deposit of judgment issued to all parties, Office of the Official Guardian (Toronto, ON)
1993-08-09 Appeal perfected for hearing, Session beginning on 1993-10-04
1993-08-09 Judgment of the Court on the application for leave to appeal, CJ So Co McL, The application for leave to appeal is granted on the condition that the applicant will have perfected her appeal in time for hearing during the Fall term.
Granted, no order as to costs
1993-08-09 Hearing of the application for leave to appeal, 1993-08-09, CJ So Co McL
1993-08-09 All materials on application for leave submitted to the Judges, 1993-08-09, CJ So Co McL
1993-07-16 Respondent's response on the application for leave to appeal, 5 copies sent to CJ McL Ma, July 15/93, with service Office of the Official Guardian
1993-07-15 General proceeding, 5 copies of excerpts from evidence vols. 1 and 2 sent to CJ McL Ma, July 15/93, with service Catholic Children's Aid Society of Metropolitan Toronto
1993-07-15 Book of authorities, 5 copies sent to CJ McL Ma, July 15/93, with service Catholic Children's Aid Society of Metropolitan Toronto
1993-07-15 Respondent's response on the application for leave to appeal, 5 copies sent to CJ McL Ma, July 15/93, with service Catholic Children's Aid Society of Metropolitan Toronto
1993-07-13 All materials on application for leave submitted to the Judges, CJ So Co McL
1993-07-05 Application for leave to appeal, 5 copies of vols. 1 to 3 sent to CJ McL Ma, July 12, 1993, with service, Completed on: 1993-07-05 C. M.
1993-06-28 Decision on the motion for a stay of execution, 1. The motion for a stay is adjourned pending the decision on application for leave to appeal. 2. The Applicant shall serve and file her application for leave to appeal on or before July 5/93. If the application for leave to appeal is not served and filed by July 5, 1993, the motion for a stay will be deemed abandoned. 3. The Respondents shall serve and file their responses by July 19/93. 4. The application for leave to appeal will be submitted to a panel of the Court on an expedited basis.
Traversed, no order as to costs
1993-06-28 Hearing of motion for a stay of execution, 1993-06-28
Adjourned
1993-06-28 Submission of motion for a stay of execution, 1993-06-28
Adjourned
1993-06-25 Other documents on motion for a stay of execution, 2 copies (bookform) of affidavit of Catherine Bell inger in reponse to the stay, with service
1993-06-24 Other documents on motion for a stay of execution, (2 copies of vol. 1 and 2) (EXCERPTS FROM EVIDENCE), with service
1993-06-23 Other documents on motion for a stay of execution, (4 copies) of respondent society's memorandum, with service
1993-06-18 Appellant's argument on the motion for a stay of execution, 1 copy (bookform), with service
1993-06-18 Motion for a stay of execution, RETURNABLE JUNE 28, 1993 (bookform 1 copy only), with service C. M.
1993-06-18 $30.00 filing fee, #27237 C. M.
1993-06-18 Notice of application for leave to appeal, With service C. M.

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
M., C. Applicant Active

v.

Main parties - Respondents
Name Role Status
Catholic Children's Aid Society of Metropolitan Toronto Respondent Active
Office of the Official Guardian Respondent Active

Counsel

Party: M., C.

Counsel
Name
Ian R. Mang
Contact information
Mang, Steinberg & Skultety
707 COLLEGE ST
TORONTO, Ontario
M6G 1C2
Telephone: (416) 531-3516
Agent
Name
V. Jennifer MacKinnon
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Catholic Children's Aid Society of Metropolitan Toronto

Counsel
Names
Marvin M. Bernstein
Allan Maclure
Contact information
Catholic Children's Aid Society of Metropolitan Toronto
26 MAITLAND ST
TORONTO, Ontario
M4Y 1C6
Telephone: (416) 925-6641
FAX: (416) 925-8087
Agent
Name
Barbara J. Nicholls
Contact information
Perley-Robertson, Panet, Hill & McDougall
830 - 99 Bank St
Ottawa, Ontario
K1P 6C1
Telephone: (613) 238-2022
FAX: (613) 238-8775

Party: Office of the Official Guardian

Counsel
Names
Debra Paulseth
Elaine Freedman, Q.C.
Contact information
Office of the Official Guardian
393 UNIVERSITY AVE
14TH FL
TORONTO, Ontario
M5G 1W9
Telephone: (416) 314-8000
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 14, 1992
Ontario Court of Justice (General Division)

101-92

appeal dismissed

May 4, 1993
Court of Appeal for Ontario

C14116

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.

Downloadable PDFs

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Webcasts

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Date modified: 2025-05-13