Case information
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24735
Percival Dean Lowther v. Her Majesty the Queen
(Prince Edward Island) (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) |
|---|---|---|
| 1996-11-28 | Proof of service, of factum and book of authorities on Conférence de Juges du Québec | |
| 1996-09-11 | Proof of service, of the Notice of Abandonment upon Canadian Bar Association and Ontario Judges Association admitted on August 30/96 | |
| 1996-09-10 | Appeal closed | |
| 1996-09-04 | Proof of service, of the notice of abandonment to Canadian Judges Conference (letter form) | |
| 1996-09-03 | Proof of service, of the Notice of Abandonment of the appeal on interveners | |
| 1996-08-28 | Discontinuance of the appeal, (service upon interveners requested) (original received on Sept. 3, 1996), with service | Percival Dean Lowther |
| 1996-08-20 | Order on motion to extend time, to intervene | |
| 1996-08-15 |
Decision on motion for directions, LaF, It is hereby ordered that: 1. the appellant's factum in Lowther 24735 be served and filed forthwith; that the draft factums of the appellants' represented by Peter C. Ghiz be given to the A.G. of PEI forthwith and that the final version be served and filed with the Court by Aug 30/96. 2. the respondents' factums be served and filed by Oct 9/96. 3. the interveners' factums be served and filed by Nov. 6/96. 4. the appeals be heard during the week of Dec 2/96 Granted, no order as to costs |
|
| 1996-08-15 | Hearing of motion for directions, 1996-08-15, LaF | |
| 1996-08-15 | Submission of motion for directions, 1996-08-15, LaF | |
| 1996-08-14 |
Decision on motion to extend time, to intervene, LaF Granted, no order as to costs |
|
| 1996-08-14 | Hearing of motion to extend time, 1996-08-14, to intervene, LaF | |
| 1996-08-14 | Submission of motion to extend time, 1996-08-14, to intervene, LaF | |
| 1996-08-14 |
Decision on the motion for leave to intervene, one factum limited to 20 pages and oral argument limited to 15 minutes, LaF Granted, no order as to costs |
|
| 1996-08-14 | Hearing of motion for leave to intervene, 1996-08-14, one factum limited to 20 pages and oral argument limited to 15 minutes, LaF | |
| 1996-08-14 | Submission of motion for leave to intervene, 1996-08-14, one factum limited to 20 pages and oral argument limited to 15 minutes, LaF | |
| 1996-08-14 |
Decision on motion to extend time, to intervene, LaF Granted, no order as to costs |
|
| 1996-08-14 | Hearing of motion to extend time, 1996-08-14, to intervene, LaF | |
| 1996-08-14 | Submission of motion to extend time, 1996-08-14, to intervene, LaF | |
| 1996-08-14 |
Decision on the motion for leave to intervene, one factum limited to 20 pages and oral argument limited to 15 minutes, LaF Granted, no order as to costs |
|
| 1996-08-14 | Hearing of motion for leave to intervene, 1996-08-14, one factum limited to 20 pages and oral argument limited to 15 minutes, LaF | |
| 1996-08-14 | Submission of motion for leave to intervene, 1996-08-14, one factum limited to 20 pages and oral argument limited to 15 minutes, LaF | |
| 1996-08-14 |
Decision on motion to extend time, to intervene, LaF Granted, no order as to costs |
|
| 1996-08-14 | Hearing of motion to extend time, 1996-08-14, to intervene, LaF | |
| 1996-08-14 | Submission of motion to extend time, 1996-08-14, to intervene, LaF | |
| 1996-08-14 |
Decision on the motion for leave to intervene, one factum limited to 20 pages and oral argument limited to 15 minutes, LaF Granted, no order as to costs |
|
| 1996-08-14 | Hearing of motion for leave to intervene, 1996-08-14, one factum limited to 20 pages and oral argument limited to 15 minutes, LaF | |
| 1996-08-14 | Submission of motion for leave to intervene, 1996-08-14, one factum limited to 20 pages and oral argument limited to 15 minutes, LaF | |
| 1996-08-14 |
Decision on motion to extend time, to intervene, LaF Granted, no order as to costs |
|
| 1996-08-14 | Hearing of motion to extend time, 1996-08-14, to intervene, LaF | |
| 1996-08-14 | Submission of motion to extend time, 1996-08-14, to intervene, LaF | |
| 1996-08-14 |
Decision on the motion for leave to intervene, one factum limited to 20 pages and oral argument limited to 15 minutes, LaF Granted, no order as to costs |
|
| 1996-08-14 | Hearing of motion for leave to intervene, 1996-08-14, one factum limited to 20 pages and oral argument limited to 15 minutes, LaF | |
| 1996-08-14 | Submission of motion for leave to intervene, 1996-08-14, one factum limited to 20 pages and oral argument limited to 15 minutes, LaF | |
| 1996-08-14 |
Decision on motion to extend time, to intervene, LaF Granted, no order as to costs |
|
| 1996-08-14 | Hearing of motion to extend time, 1996-08-14, to intervene, LaF | |
| 1996-08-14 | Submission of motion to extend time, 1996-08-14, to intervene, LaF | |
| 1996-08-14 |
Decision on the motion for leave to intervene, one factum limited to 20 pages and oral argument limited to 15 minutes, LaF Granted, no order as to costs |
|
| 1996-08-14 | Hearing of motion for leave to intervene, 1996-08-14, one factum limited to 20 pages and oral argument limited to 15 minutes, LaF | |
| 1996-08-14 | Submission of motion for leave to intervene, 1996-08-14, one factum limited to 20 pages and oral argument limited to 15 minutes, LaF | |
| 1996-08-14 |
Decision on motion to extend time, to intervene, LaF Granted, no order as to costs |
|
| 1996-08-14 | Hearing of motion to extend time, 1996-08-14, to intervene, LaF | |
| 1996-08-14 | Submission of motion to extend time, 1996-08-14, to intervene, LaF | |
| 1996-08-14 |
Decision on the motion for leave to intervene, one factum limited to 20 pages and oral argument limited to 15 minutes, LaF Granted, no order as to costs |
|
| 1996-08-14 | Hearing of motion for leave to intervene, 1996-08-14, one factum limited to 20 pages and oral argument limited to 15 minutes, LaF | |
| 1996-08-14 | Submission of motion for leave to intervene, 1996-08-14, one factum limited to 20 pages and oral argument limited to 15 minutes, LaF | |
| 1996-08-14 |
Decision on motion to extend time, to intervene, LaF Granted, no order as to costs |
|
| 1996-08-14 | Hearing of motion to extend time, 1996-08-14, to intervene, LaF | |
| 1996-08-14 | Submission of motion to extend time, 1996-08-14, to intervene, LaF | |
| 1996-08-14 |
Decision on the motion for leave to intervene, one factum limites to 20 pages and oral argument limited to 15 minutes, LaF Granted, no order as to costs |
|
| 1996-08-14 | Hearing of motion for leave to intervene, 1996-08-14, one factum limites to 20 pages and oral argument limited to 15 minutes, LaF | |
| 1996-08-14 | Submission of motion for leave to intervene, 1996-08-14, one factum limites to 20 pages and oral argument limited to 15 minutes, LaF | |
| 1996-08-14 |
Decision on the motion for leave to intervene, one factum limited to 20 pages and oral argument limites to 15 minutes, LaF Granted, no order as to costs |
|
| 1996-08-14 | Hearing of motion for leave to intervene, 1996-08-14, one factum limited to 20 pages and oral argument limites to 15 minutes, LaF | |
| 1996-08-14 | Submission of motion for leave to intervene, 1996-08-14, one factum limited to 20 pages and oral argument limites to 15 minutes, LaF | |
| 1996-08-14 | Correspondence (sent by the Court) to, (by fax) dated August 14/96 from Henry S. Brown (Gowlings) re: common filing dates for all parties in the five appeals concerning the independence of provincially-appointed judges (joint with 24508- 24778) | |
| 1996-08-12 | Notice of intervention respecting a constitutional question, With service | Attorney General of Saskatchewan |
| 1996-08-12 | Correspondence (sent by the Court) to, (by fax) from Robert E. Houston, Q.C.; re: the appellant haas no objection to the time table proposed by the A.G. P.E.I. | |
| 1996-08-01 | Correspondence (sent by the Court) to, from John MacDougall to M. Larmour, letter dated Aug. 1é96 (fax copy) re: NO OBJECTION of the interventions by Alberta Prov. Judges`Ass., Sask. Prov. Court Judges, Ont. Prov. Court Judges and Fed. of Law Societies | |
| 1996-07-30 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 1996-07-30 | Notice of intervention respecting a constitutional question, (1 copy), with service | Attorney General of Manitoba |
| 1996-07-26 | Response to the motion for leave to intervene, of Gowling re: CONDITIONAL CONSENT THAT A.G.P.E.I. WOULD NOT BE RESPONSIBLE FOR THE COSTS (joint with 24508-24778)(fax copy) letter form - interventions by Ont. Judges, Ontario Family, Fed. Law Societies, Completed on: 1996-07-26 | Her Majesty the Queen |
| 1996-07-25 | Affidavit, of Denise Bellamy (joint with 24831-24846-24508- 24778), with service | Federation of Law Societies of Canada |
| 1996-07-25 | Motion for leave to intervene, (joint with 24831-24846-24508-24778), with service, Completed on: 1996-07-25 | Federation of Law Societies of Canada |
| 1996-07-24 | Notice of constitutional question(s), (1 copy), with service | Her Majesty the Queen |
| 1996-07-23 | Motion for directions, for service, filing and hearing of these appeals (joint with 24508-24778-24846-24831), Completed on: 1996-07-23 | Her Majesty the Queen |
| 1996-07-22 | Order on motion to state a constitutional question | |
| 1996-07-22 | Order on motion to extend time, to state constitutional questions | |
| 1996-07-18 | Correspondence (sent by the Court) to, (by fax) dated July 18/96 from Henry S. Brown, (Gowlings) to advise the Court that the A.G. of P. E.I. is not opposed to the interventions by the Canadian Bar Association and by the Canadian Assosiation of Provincial Court Judges (joint with 24508-24778) | |
| 1996-07-17 | Correspondence (sent by the Court) to, (by fax) from Henry S. Brown, Q.C.; re: agrees to having the constitutional questions stated in the revised fashion as proposed | |
| 1996-07-17 |
Decision on the motion to state a constitutional question, (for questions see file). Notices of intention to intervene are to be filed no later than Ang 30/96, CJ Granted, no order as to costs |
|
| 1996-07-17 | Hearing of the motion to state a constitutional question, 1996-07-17, (for questions see file). Notices of intention to intervene are to be filed no later than Ang 30/96, CJ | |
| 1996-07-17 | Submission of motion to state a constitutional question, 1996-07-17, (for questions see file). Notices of intention to intervene are to be filed no later than Ang 30/96, CJ | |
| 1996-07-17 |
Decision on motion to extend time, to state constitutional question. (for questions see file). Notices of intention to intervene are to be filed no later than Aug 30/96, CJ Granted, no order as to costs |
|
| 1996-07-17 | Hearing of motion to extend time, 1996-07-17, to state constitutional question. (for questions see file). Notices of intention to intervene are to be filed no later than Aug 30/96, CJ | |
| 1996-07-17 | Submission of motion to extend time, 1996-07-17, to state constitutional question. (for questions see file). Notices of intention to intervene are to be filed no later than Aug 30/96, CJ | |
| 1996-07-10 | Proof of service, of the Case on Appeal admitted today | |
| 1996-07-10 | Case on appeal, 23 copies (extension of time requested) | Percival Dean Lowther |
| 1996-07-09 | General proceeding, ARGUMENTS on motion for leave to intervene (joint with I06 & I07), with service | Ontario Judges Association |
| 1996-07-09 | Affidavit, (joint with I06 & I07) (of Kathleen Ellin McGowan), with service | Ontario Judges Association |
| 1996-07-09 | Motion for leave to intervene, (bookform joint with I06 & I07)(joint with 24508- 24846-24831-24708), with service, Completed on: 1996-07-09 | Ontario Judges Association |
| 1996-07-09 | Affidavit, for leave to intervene (joint with I06 & I07) (joint with 24508-24778-24846-24831) (of Kathleen Ellin McGowan), with service | Ontario Judges Association |
| 1996-07-09 | Motion to extend time, for leave to intervene(bookform joint with I06-07) (joint with 24508-24778-24846-24831), with service, Completed on: 1996-07-09 | Ontario Judges Association |
| 1996-07-09 | $50.00 filing fee for notice of motion, for leave to intervene (joint with I06 & I07) receipt #32337 | Ontario Judges Association |
| 1996-07-08 | Correspondence (sent by the Court) to, (by fax) from Eugene P. Rossiter; re: do not oppose, in general terms, to the intervention of Saskatchewan Provincial Judges' Association | |
| 1996-06-20 | Correspondence (sent by the Court) to, dated June 20, 1996 from John MacDougall consenting to the revised Constitutional Questions proposed by the Chief Justice | |
| 1996-06-13 | Correspondence (sent by the Court) to, from the Chief Justice enclosing revised set of Constitutional Questions for consideration. | |
| 1996-06-13 | Correspondence (sent by the Court) to, from Chief A. Lamer to J. MacDougall re: enclosing a revised set of constitutional questions c.c. E. Rossiter and G. L. Campbell | |
| 1996-06-10 | Correspondence (sent by the Court) to, from John L. MacDougall re do not wish to make submissions re Constitutional Questions | |
| 1996-06-07 | Affidavit, of Hon. Gerald T. Seniuk (joint - book form), with service | Saskatchewan Provincial Court Judges' Association |
| 1996-06-07 | Motion to extend time, to file the motion to intervene (joint), with service, Completed on: 1996-06-07 | Saskatchewan Provincial Court Judges' Association |
| 1996-06-07 | Motion for leave to intervene, 2 copies - book form (joint with 24508-24778-24846 -24831), with service, Completed on: 1996-06-07 | Saskatchewan Provincial Court Judges' Association |
| 1996-05-22 | Motion to state a constitutional question, (extension of time requested and $50, with service, Completed on: 1996-05-22 | Her Majesty the Queen |
| 1996-05-22 | Correspondence (sent by the Court) to, from John MacDougall, letter dated May 22/96 re: no objection to the interventions of the Can. Bar Ass. and Can. Ass. of Provincial Court (fax copy) | |
| 1996-05-22 | Motion to extend time, to file the motion for Constitutional Question, with service, Completed on: 1996-05-22 | Her Majesty the Queen |
| 1996-05-22 | $50.00 filing fee for notice of motion, for Constitutional Question receipt #32120 | Her Majesty the Queen |
| 1996-05-13 | Motion to extend time, to file the motion to intervene (joint with motion to intervene) - 5 copies - book form, Completed on: 1996-05-13 | Canadian Assocation of Provincial Court |
| 1996-05-13 | Affidavit, of Pamela Ann Thomson (joint) | Canadian Assocation of Provincial Court |
| 1996-05-13 | Motion for leave to intervene, (joint with 24508-24778-24846-24831) - 5 copies - book form, Completed on: 1996-05-13 | Canadian Assocation of Provincial Court |
| 1996-04-25 | Affidavit, 2 copies; Gordon Proudfoot, with service | Canadian Bar Association |
| 1996-04-25 | Motion for leave to intervene, 2 copies, with service, Completed on: 1996-04-25 | Canadian Bar Association |
| 1996-04-25 | Correspondence (sent by the Court) to, (by fax) from John L. MacDougall; re: no objection to the intervention of Alberta Provincial Court Judge's Association | |
| 1996-04-17 | Correspondence (sent by the Court) to, (by fax) from Gowlings; re: not opposed to the intervention of Alberta Provincial Court Judges' Association on condition that they are not responsible for the costs of that intervention (joint with 24508 - 24778) | |
| 1996-04-12 | Motion to file a lengthy factum, With service, Completed on: 1996-04-12 | Alberta Provincial Judges' Association |
| 1996-04-12 | General proceeding, 6 copies of memorandum of argument on the intervention, with service | Alberta Provincial Judges' Association |
| 1996-04-12 | Affidavit, 6 copies; Honourable Judge Jerry N. LeGrandeur, with service | Alberta Provincial Judges' Association |
| 1996-04-12 | $50.00 filing fee for notice of motion, receipt #31891 | Alberta Provincial Judges' Association |
| 1996-04-12 | Motion for leave to intervene, 6 copies, with service, Completed on: 1996-04-12 | Alberta Provincial Judges' Association |
| 1996-02-15 | Correspondence (sent by the Court) to, sent to MacLeod, MacDougall, Crane & Parkman (Charlotteton, PEI) enclosing copy of Rule 32 c.c. Burke-Robertson | |
| 1996-02-15 | Correspondence (sent by the Court) to, sent to Stewart McKelvey Stirling Scales (Charlottetown, PEI) enclosinc copy of Rule 32 c.c. Gowling | |
| 1996-02-13 | Order granting leave to appeal | |
| 1996-02-13 | Notice of appeal, With service, Completed on: 1996-02-13 | Percival Dean Lowther |
| 1996-02-09 | Notice of deposit of judgment issued to all parties, Burke-Robertson | |
| 1996-02-09 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1996-02-08 |
Judgment of the Court on the application for leave to appeal, CJ G Ia, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1996-02-08 | Hearing of the application for leave to appeal, 1996-02-08, CJ G Ia | |
| 1996-02-08 | All materials on application for leave submitted to the Judges, 1996-02-08, CJ G Ia | |
| 1995-07-07 | All materials on application for leave submitted to the Judges, CJ G I | |
| 1995-06-16 | Respondent's response on the application for leave to appeal, 5 copies, with service | Her Majesty the Queen |
| 1995-06-14 | Application for leave to appeal, as letter of Robert E. Houston, Q.C. filed, Completed on: 1995-06-14 | |
| 1995-06-14 | Correspondence received from, of Robert E. Houston, Q.C. (Burke-Robertson) to advise the Court that there was no formal Trial judgment ever taken out | Percival Dean Lowther |
| 1995-05-26 | Correspondence received from, sent to Stewart McKelvey Stirling Scales (Charlottetown, PEI) enclosing copy of letter dated May 26/95 sent to applicant | |
| 1995-05-26 | Correspondence received from, sent to Burke-Robertson to acknowledge receipt of material commencing a proceeding together with enclosed filing fee | |
| 1995-05-17 | $50.00 filing fee, receipt #30036 | Percival Dean Lowther |
| 1995-05-17 | Application for leave to appeal, 5 copies (Trial order missing), with service, Incomplete | Percival Dean Lowther |
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 |
|---|---|---|
| Lowther, Percival Dean | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Alberta Provincial Judges' Association | Intervener | Active |
| Canadian Bar Association | Intervener | Active |
| Canadian Assocation of Provincial Court | Intervener | Active |
| Saskatchewan Provincial Court Judges' Association | Intervener | Active |
| Ontario Judges Association | Intervener | Active |
| Ontario Family Law Judges Association | Intervener | Active |
| Ontario Provincial Court (Civil Division) Judges Association | Intervener | Active |
| Federation of Law Societies of Canada | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General of Manitoba | Intervener | Active |
| Attorney General of Saskatchewan | Intervener | Active |
Counsel
Party: Lowther, Percival Dean
Counsel
82 FITZROY ST
PO BOX 1056 STN CENTRAL
CHARLOTTETOWN, Prince Edward Island
C1A 7M4
Telephone: (902) 892-3544
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Her Majesty the Queen
Counsel
65 Grafton St
PO Box 2140 Stn Central
Charlottetown, Prince Edward Island
C1A 8B9
Telephone: (902) 892-2485
FAX: (902) 566-5283
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Alberta Provincial Judges' Association
Counsel
4500 BANKERS HALL E
855 - 2ND ST SW
CALGARY, Alberta
T2P 4K7
Telephone: (403) 298-3100
FAX: (403) 265-7219
Agent
1800 - 350 Albert Street
Ottawa, Ontario
K1R 1A4
Telephone: (613) 230-4935
FAX: (613) 230-3836
Party: Canadian Bar Association
Counsel
4700 TD Bank Tower
PO Box 48
Toronto, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386
Party: Canadian Assocation of Provincial Court
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Party: Saskatchewan Provincial Court Judges' Association
Counsel
200 - 374, 3rd Avenue South
Saskatoon, Saskatchewan
S7K 1M5
Telephone: (306) 653-2000
FAX: (306) 244-7335
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Party: Ontario Judges Association
Counsel
4700 TD BANK TOWER
PO BOX 48
TORONTO, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386
Party: Ontario Family Law Judges Association
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386
Party: Ontario Provincial Court (Civil Division) Judges Association
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386
Party: Federation of Law Societies of Canada
Counsel
1500 - 151 Yonge St
Toronto, Ontario
M5C 2W7
Telephone: (416) 863-1188
FAX: (416) 863-0305
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Attorney General of Canada
Agent
Department of Justice
239 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4871
Party: Attorney General of Manitoba
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General of Saskatchewan
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Summary
Keywords
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Summary
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Lower court rulings
Supreme Court of Prince Edward Island, Appeal Division
x
appeal allowed
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.
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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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