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.
24093
Alan M. Schwartz v. Her Majesty the Queen
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1997-07-23 | Appeal closed | |
| 1996-04-04 | Correspondence (sent by the Court) to, sent to Federal Court of Canada (Ottawa, ON) enclosing their record | |
| 1996-03-07 | Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. Ontario (Ottawa) | |
| 1996-03-07 | Copy of formal judgment being prepared, A.G. of Canada (Ottawa, ON) | |
| 1996-03-07 | Copy of formal judgment being prepared, Lang, Michener (Ottawa, ON) | |
| 1996-02-22 |
Judgment on the appeal rendered, LaF L'HD So G McL Ia Ma, The appeal is allowed and the decision of the Tax Court of Canada is restored with costs throughout. Allowed, no order as to costs |
|
| 1996-02-22 | Notice of deposit of judgment sent to all parties, A.G. of Canada (Ottawa, ON) | |
| 1996-02-22 | Notice of deposit of judgment sent to all parties, Lang, Michener (Ottawa, ON) | |
| 1995-10-20 | General proceeding, transcripts received and distributed to the judges (85 pages) | |
| 1995-10-06 |
Hearing of the appeal, 1995-10-06, LaF L'HD So G McL Ia Ma Decision reserved |
|
| 1995-10-05 | Correspondence (sent by the Court) to, from Lang, Michener re: enclosing 10 copies of the missing page 6 from the Reasons for Judgment of the Tax Court in the Case on Appeal (encl.) | |
| 1995-10-05 | Correspondence (sent by the Court) to, from Lang, Michener re: duration of argument (fax copy) | |
| 1995-10-03 | Order on motion to file a reply factum on appeal | |
| 1995-10-03 | Order on motion to strike out, portions of the respondent's factum | |
| 1995-10-02 | Reply factum on appeal, 24 copies (see order dated Sept. 28/95), with service | Alan M. Schwartz |
| 1995-10-02 | Book of authorities, SUPPLEMENTARY 10 copies, with service | Alan M. Schwartz |
| 1995-09-28 |
Decision on the motion to file a reply factum on appeal, not later than 4 o'clock Monday, Oct 2/95, McL Granted, no order as to costs |
|
| 1995-09-28 | Hearing of motion to file a reply factum on appeal, 1995-09-28, not later than 4 o'clock Monday, Oct 2/95, McL | |
| 1995-09-28 | Submission of motion to file a reply factum on appeal, 1995-09-28, not later than 4 o'clock Monday, Oct 2/95, McL | |
| 1995-09-28 |
Decision on motion to strike out, portions of the respondent's factum, McL Dismissed, no order as to costs |
|
| 1995-09-28 | Hearing of motion to strike out, 1995-09-28, portions of the respondent's factum, McL | |
| 1995-09-28 | Submission of motion to strike out, 1995-09-28, portions of the respondent's factum, McL | |
| 1995-09-27 | General proceeding, 2 copies of reply to the motion of the appellant to file a reply factum | Her Majesty the Queen |
| 1995-09-21 | Affidavit, para. 46 to 66 of the respondent's factum; Carrie Smit, with service | Alan M. Schwartz |
| 1995-09-20 | $50.00 filing fee for notice of motion, receipt #30669 | Alan M. Schwartz |
| 1995-09-20 | Affidavit, Carrie Smit, with service | Alan M. Schwartz |
| 1995-09-20 | Motion to file a reply factum on appeal, With service | Alan M. Schwartz |
| 1995-09-20 | Motion to strike out, para. 46 to 66 of the respondent's factum, with service | Alan M. Schwartz |
| 1995-09-07 |
Appeal hearing scheduled, 1995-10-06 Decision reserved |
|
| 1995-05-26 | Book of authorities, 10 copies of vol. 1 and 2 | Her Majesty the Queen |
| 1995-05-26 | Respondent's factum, 24 copies, with service | Her Majesty the Queen |
| 1995-05-26 | Appeal perfected for hearing, Session beginning on 1995-10-02 | |
| 1995-05-15 | General proceeding, 24 copies of Exhibit showing the notations under Tab 24 of the Case on Appeal (TO BE SENT TO THE JUDGES) | Alan M. Schwartz |
| 1995-05-15 | Correspondence (sent by the Court) to, from Goodman, Phillips to M. Larmour re: enclosing 24 copies of the Exhibit showing the notations under Tab 24 of the case on Appeal (TO BE SENT TO THE JUDGES) | |
| 1995-03-31 | Book of authorities, 10 copies, with service | Alan M. Schwartz |
| 1995-03-31 | Appellant's factum, 24 copies, with service | Alan M. Schwartz |
| 1995-02-28 | Certified casebook, 1 copy | Alan M. Schwartz |
| 1995-02-28 | Appeal court record, 1 accordion file (joint with Trial record) | |
| 1995-02-28 | Trial court record, 1 accordion file (joint with C/A record) | |
| 1995-02-01 | Correspondence (sent by the Court) to, (by fax) from Lang, Michener; re: F.C.A. will send the certified copy of the Case on Appeal once they have corrected an error in the original reasons for judgment (original filed Feb. 2/95) | |
| 1995-01-31 | Case on appeal, 23 copies, with service | Alan M. Schwartz |
| 1994-11-25 | Correspondence (sent by the Court) to, sent to Goodman & Goodman (Toronto, ON) enclosing copy of Rule 32 | |
| 1994-11-25 | Correspondence (sent by the Court) to, sent to A.G. of Canada (Toronto, ON) enclosing copy of Rule 32 c.c. Robert Frater | |
| 1994-11-07 | Order granting leave to appeal | |
| 1994-11-07 | Correspondence (sent by the Court) to, of Eugene Meehan (Lang Michener) to inform the Courtthat the appellant is not preparing a Notice for Security for Costs in this matter | |
| 1994-11-03 | Notice of appeal, (1 copy), with service | Alan M. Schwartz |
| 1994-10-14 | Notice of deposit of judgment issued to all parties, A.G. of Canada (Ottawa, ON) | |
| 1994-10-14 | Notice of deposit of judgment issued to all parties, Goodman & Goodman (Toronto, ON) | |
| 1994-10-13 |
Judgment of the Court on the application for leave to appeal, LaF So Ma, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1994-07-11 | Book of authorities, 5 copies sent to LaF So Ma, July 12/94 | Her Majesty the Queen |
| 1994-07-11 | Correspondence received from, of Elizabeth Chasson (Justice Canada) to advise the Court that the Table of Authorities in the Respondent's Response contained 2 typographical errors for cases listed as number 12 and 14 sent to LaF So Ma, July 12/94 | Her Majesty the Queen |
| 1994-05-17 | All materials on application for leave submitted to the Judges, LaF So Ma | |
| 1994-05-11 | Applicant's reply to respondent's argument, 5 copies, with service | Alan M. Schwartz |
| 1994-05-05 | Respondent's response on the application for leave to appeal, 5 copies | Her Majesty the Queen |
| 1994-04-21 | Correspondence received from, sent to Goodman & Goodman (Toronto, ON) to acknowledge receipt of material commencing a proceeding with filing fee | |
| 1994-04-18 | $30.00 filing fee, receipt no. 24447 | Alan M. Schwartz |
| 1994-04-18 | Application for leave to appeal, 5 copies, with service, Completed on: 1994-04-18 | Alan M. Schwartz |
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
| Name | Role | Status |
|---|---|---|
| Schwartz, Alan M. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Schwartz, Alan M.
Counsel
2400 - 250 Yonge St
Box 24
Toronto, Ontario
M5B 2M6
Telephone: (416) 597-4204
FAX: (416) 979-1234
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Party: Her Majesty the Queen
Counsel
J.S. Gill, Q.C.
3400 - FIRST CANADIAN PL
PO BOX 36
TORONTO, Ontario
M5X 1A9
Telephone: (416) 973-0942
Agent
Department of Justice
239 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4811
FAX: (613) 941-2293
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.
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Lower court rulings
Tax Court of Canada
92-26(IT)
appeal allowed
Federal Court of Appeal
A-170-93
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
Related links
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
Related links
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