Case information
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25177
John David Lucas, et al. v. Her Majesty the Queen
(Saskatchewan) (Criminal) (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) |
|---|---|---|
| 1998-05-15 | Appeal closed | |
| 1998-05-07 | Correspondence (sent by the Court) to, sent to Saskatchewan Justice - Court House (Saskatoon, SK) returning Court records (1 box) | |
| 1998-05-07 | Record returned to the Registrar of the Court of Appeal, (1 envelope) | |
| 1998-04-20 | Copy of formal judgment being prepared, all parties | |
| 1998-04-17 | Formal judgment sent to the registrar of the court of appeal and all parties, Saskatchewan (Regina) | |
| 1998-04-02 |
Judgment on the appeal rendered, CJ L'HD So G Co McL Ia Ma Ba, The appeal of John David Lucas is dismissed. The appeal of Johanna Erna Lucas is dismissed, McLachlin and Major JJ. dissenting. Dismissed, no order as to costs |
|
| 1998-04-02 | Notice of deposit of judgment sent to all parties, all parties | |
| 1998-03-20 | Correspondence (sent by the Court) to, (by fax) from John Norris; re: only the complainants should be identified by their initials | |
| 1997-10-29 | Correspondence (sent by the Court) to, from Ruby & Edwardh; re: amended order requested sent to CJ L'HD So G Co McL I Ma Ba, Oct. 29/97 | |
| 1997-10-27 | General proceeding, transcripts received and distributed to the judges (105 pages) | |
| 1997-10-15 | Supplemental document, 10 copies of Supplemental Authorities (given in Court by the appellant) | John David Lucas |
| 1997-10-15 | General proceeding, 10 copies of Appellant's authorities on motion to appoint counsel (given in Court by the appellant) | John David Lucas |
| 1997-10-15 |
Hearing of the appeal, 1997-10-15, CJ L'HD So G Co McL Ia Ma Ba Decision reserved |
|
| 1997-10-15 |
Decision on miscellaneous motion, to appoint counsel, CJ L'HD So G Co McL Ia Ma Ba Dismissed, no order as to costs |
|
| 1997-10-15 | Hearing of miscellaneous motion, 1997-10-15, to appoint counsel, CJ L'HD So G Co McL Ia Ma Ba | |
| 1997-10-15 | Submission of miscellaneous motion, 1997-10-15, to appoint counsel, CJ L'HD So G Co McL Ia Ma Ba | |
| 1997-10-14 | General proceeding, 12 copies of Book of excerpts | Attorney General of Canada |
| 1997-10-14 | General proceeding, 12 copies of Condensed book of evidence | Her Majesty the Queen |
| 1997-10-10 | General proceeding, 10 copies of Reply to the motion to appoint counsel | Her Majesty the Queen |
| 1997-10-10 | Book of authorities, 10 copies, with service, Completed on: 1997-10-10 | Attorney General of Manitoba |
| 1997-10-10 | Affidavit, of service of the intervener's factum admitted on Oct. 6/97 | Canadian Civil Liberties Association |
| 1997-10-08 | Notice of appearance, Robert Frater and will address the Court for 15 minutes | Attorney General of Canada |
| 1997-10-08 | Proof of service, of the joint book of authorities | |
| 1997-10-07 | General proceeding, 24 copies of a NEW table of contents for the intervener's factum | Attorney General of Canada |
| 1997-10-07 | Book of authorities, 10 copies of vol. 1 and 2 (joint), Completed on: 1997-10-07 | Her Majesty the Queen |
| 1997-10-06 | Intervener's factum, 24 copies, with service, Completed on: 1997-10-06 | Attorney General for Ontario |
| 1997-10-06 | Book of authorities, 11 copies, with service, Completed on: 1997-10-06 | Canadian Civil Liberties Association |
| 1997-10-06 | Intervener's factum, 24 copies, with service, Completed on: 1997-10-06 | Canadian Civil Liberties Association |
| 1997-10-03 | Intervener's factum, 24 copies, with service, Completed on: 1997-10-03 | Attorney General of Canada |
| 1997-10-03 | Intervener's factum, 24 copies, with service, Completed on: 1997-10-03 | Attorney General of Manitoba |
| 1997-10-03 | Proof of service, of the factum of the intervener (A. G. Manitoba) | |
| 1997-10-02 | Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument | |
| 1997-09-29 | $50.00 filing fee for notice of motion, to appoint counsel receipt #34849 | John David Lucas |
| 1997-09-29 | Affidavit, to appoint counsel (of John David Lucas, Johanna Erna Lucas and Clayton C. Ruby) 10 copies, with service | John David Lucas |
| 1997-09-29 | Notice of miscellaneous motion, to appoint Clayton C. Ruby as counsel (bookform) 10 copies sent to CJ L'HD So G Co I Ma, Sept. 30/ 97, with service, Completed on: 1997-09-29 | John David Lucas |
| 1997-09-23 | Order on motion to extend time, to file their factum | |
| 1997-09-19 |
Decision on motion to extend time, to file their factum to Sept. 8/97, Reg Granted, no order as to costs |
|
| 1997-09-19 | Hearing of motion to extend time, 1997-09-19, to file their factum to Sept. 8/97, Reg | |
| 1997-09-19 | Submission of motion to extend time, 1997-09-19, to file their factum to Sept. 8/97, Reg | |
| 1997-09-18 | Response to motion to extend time, to file the respondent's factum to Sept. 8, 1997 (Shore, Davis) (fax copy), Completed on: 1997-09-18 | John David Lucas |
| 1997-09-10 | $50.00 filing fee for notice of motion, to extend time receipt #34693 | Her Majesty the Queen |
| 1997-09-09 | Affidavit, to file the respondent's factum to Sept. 8, 1997 (G. Mitchell) | Her Majesty the Queen |
| 1997-09-09 | Motion to extend time, to file the respondent's factum to Sept. 8, 1997 ($50.00 requested), with service, Completed on: 1997-09-09 | Her Majesty the Queen |
| 1997-09-08 | Respondent's factum, 24 copies (extension of time requested - EVB), with service, Completed on: 1997-09-08 | Her Majesty the Queen |
| 1997-08-27 |
Appeal hearing scheduled, 1997-10-15 Decision reserved |
|
| 1997-06-03 | Trial court record, (1 box) | |
| 1997-05-26 | Appeal court record, 1 enveloppe | |
| 1997-04-21 | Appeal perfected for hearing, Session beginning on 1997-10-06 | |
| 1997-04-07 | Correspondence (sent by the Court) to, (by fax) from D. Lepofsky; re: will not be available for hearing on June 26/97 | |
| 1997-04-04 |
Decision on miscellaneous motion, to expedite the hearing of this appeal, CJ Dismissed, no order as to costs |
|
| 1997-04-04 | Hearing of miscellaneous motion, 1997-04-04, to expedite the hearing of this appeal, CJ | |
| 1997-04-04 | Submission of miscellaneous motion, 1997-04-04, to expedite the hearing of this appeal, CJ | |
| 1997-04-03 | Proof of service, of the affidavit of G. Mitchell to the Appellants | |
| 1997-04-02 | Affidavit, of Graeme G. Mitchell re: in opposition to the appellant's motion for an expedited hearing of the appeal (fax copy) | Her Majesty the Queen |
| 1997-04-01 | Correspondence (sent by the Court) to, from m. David Lepofsky to A. Roland, letter dated April 1, 1997 (fax copy) re: A. G. Ontario urge that one of dates or indeed any date in May after May 9, 1997 be chosen | |
| 1997-04-01 | Response to miscellaneous motion, from Robert Frater re: motion to abridge the time and to expedite the hearing of the appeal (fax copy), Completed on: 1997-04-01 | Her Majesty the Queen |
| 1997-03-26 | Affidavit, of John David Lucas re: motion for an order abridging the times and for an order expediting the hearing of the appeal, with service | John David Lucas |
| 1997-03-26 | Notice of miscellaneous motion, (for an order abridging the times and for an order expediting the hearing to the appeal) $50.00 requested - 1 copy, with service, Completed on: 1997-03-26 | John David Lucas |
| 1997-03-05 | Correspondence (sent by the Court) to, from D. Lepofsky to A. Roland, letter dated March 5, 1997 (fax copy) re: giving available dates for the hearing of this appeal | |
| 1997-03-03 | Correspondence (sent by the Court) to, from Clayton Ruby to A. Roland, letter dated Feb. 26, 1997 re: requiring to inscribe the appeal for a hearing prior to the time provided for in the rules | |
| 1997-02-24 | Appellant's factum, 24 copies, with service, Completed on: 1997-02-24 | John David Lucas |
| 1997-02-20 |
Decision on motion to extend time, to file a Notice of intention to intervene to Feb 18/97, CJ Granted, no order as to costs |
|
| 1997-02-20 | Hearing of motion to extend time, 1997-02-20, to file a Notice of intention to intervene to Feb 18/97, CJ | |
| 1997-02-20 | Submission of motion to extend time, 1997-02-20, to file a Notice of intention to intervene to Feb 18/97, CJ | |
| 1997-02-19 | Response to motion to extend time, for leave to intervene of the Attorney General of Ontario, Completed on: 1997-02-19 | John David Lucas |
| 1997-02-18 | $50.00 filing fee for notice of motion, receipt #33586 | Attorney General for Ontario |
| 1997-02-18 | Notice of intervention respecting a constitutional question, With service | Attorney General for Ontario |
| 1997-02-18 | Response to motion to extend time, for leave to intervene on behalf of Attorney General of Ontario, Completed on: 1997-02-18 | Her Majesty the Queen |
| 1997-02-18 | Affidavit, for leave to intervene; Karen L. Collins, with service | Attorney General for Ontario |
| 1997-02-18 | Motion to extend time, for leave to intervene, with service, Completed on: 1997-02-18 | Attorney General for Ontario |
| 1997-02-11 | Notice of intervention respecting a constitutional question, With service | Attorney General of Canada |
| 1997-01-31 | Certified casebook, vol. 1 to 5, with service | John David Lucas |
| 1997-01-30 | Proof of service, of the notice of intervention by A.G. Manitoba | |
| 1997-01-29 | Notice of intervention respecting a constitutional question | Attorney General of Manitoba |
| 1997-01-28 | Order on motion for leave to intervene | |
| 1997-01-24 | Correspondence (sent by the Court) to, from Ruby & Edwardh, letter dated Jan. 20, 1997 re: Jill Copeland and Clayton Ruby are counsel of record for the appellants | |
| 1997-01-22 |
Decision on the motion for leave to intervene, oral argument is limited to 15 minutes and factum to 20 pages., L'HD Granted, no order as to costs |
|
| 1997-01-22 | Hearing of motion for leave to intervene, 1997-01-22, oral argument is limited to 15 minutes and factum to 20 pages., L'HD | |
| 1997-01-22 | Submission of motion for leave to intervene, 1997-01-22, oral argument is limited to 15 minutes and factum to 20 pages., L'HD | |
| 1997-01-22 | Case on appeal, 23 copies of vol. I to V | John David Lucas |
| 1997-01-20 | Notice of constitutional question(s), With service | John David Lucas |
| 1997-01-17 | Correspondence (sent by the Court) to, from Gowlings; re: takes no position with respect to the Canadian Civil Liberties Association's application to intervene | |
| 1997-01-13 | Response to the motion for leave to intervene, by Canadian Civil Liberties Ass. (Jill Copeland), Completed on: 1997-01-13 | John David Lucas |
| 1997-01-13 |
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 Feb. 17, 1997., CJ Granted, no order as to costs |
|
| 1997-01-13 | Hearing of the motion to state a constitutional question, 1997-01-13, (for questions see file). Notices of intention to intervene are to be filed no later than Feb. 17, 1997., CJ | |
| 1997-01-13 | Submission of motion to state a constitutional question, 1997-01-13, (for questions see file). Notices of intention to intervene are to be filed no later than Feb. 17, 1997., CJ | |
| 1996-12-20 | Affidavit, (of A. Alan Borovoy) (bookform), with service | Attorney General of Manitoba |
| 1996-12-20 | $50.00 filing fee for notice of motion, to intervene receipt #33249 | Attorney General of Manitoba |
| 1996-12-20 | Motion for leave to intervene, (bookform) 2 copies, with service, Completed on: 1996-12-20 | Attorney General of Manitoba |
| 1996-12-20 | Response to the motion to state a constitutional question, (Gowling, Strathy) - fax copy, Completed on: 1996-12-20 | Her Majesty the Queen |
| 1996-12-19 | Correspondence (sent by the Court) to, from Clayton Ruby to A. Roland, letter dated Dec. 12, 1996 re: asking if Justice Major would give reasons on his decision on motion to appoint counsel | |
| 1996-12-19 | $50.00 filing fee for notice of motion, receipt no. 33239 | John David Lucas |
| 1996-12-19 | Motion to state a constitutional question, (1 copy), with service, Completed on: 1996-12-19 | John David Lucas |
| 1996-12-10 |
Decision on miscellaneous motion, for the appointment of counsel, Ma Dismissed, no order as to costs |
|
| 1996-12-10 | Hearing of miscellaneous motion, 1996-12-10, for the appointment of counsel, Ma | |
| 1996-12-10 | Submission of miscellaneous motion, 1996-12-10, for the appointment of counsel, Ma | |
| 1996-12-04 | General proceeding, Applicants' reply on application to appoint counsel (booform), with service | John David Lucas |
| 1996-12-02 | General proceeding, Response (reply) to application to appoint counsel (bookform) 2 copies, with service | Her Majesty the Queen |
| 1996-11-20 | General proceeding, MEMORANDUM OF ARGUMENT ON APPLICATION TO APPOINT COUNSEL (bookform), with service | John David Lucas |
| 1996-11-20 | $50.00 filing fee for notice of motion, to appoint counsel receipt #33059 | John David Lucas |
| 1996-11-20 | Affidavit, TO APPOINT COUNSEL (of John David Lucas), with service | John David Lucas |
| 1996-11-20 | Notice of miscellaneous motion, TO APPOINT COUNSEL (bookform), with service, Completed on: 1996-11-20 | John David Lucas |
| 1996-10-24 | Correspondence (sent by the Court) to, sent to A.G. for SK (Regina, SK) enclosing copy of Rule 32 c.c. Gowling, Strathy & Henderson | |
| 1996-10-24 | Correspondence (sent by the Court) to, sent to Holgate Law Office (Saskatoon, SK) enclosing copy of Rule 32 | |
| 1996-10-22 | Notice of appeal, (1 copy), with service, Completed on: 1996-10-22 | John David Lucas |
| 1996-10-03 |
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 |
|
| 1996-10-03 | Notice of deposit of judgment issued to all parties, Tory Tory Deslauriers & Binnington (Toronto, ON) | |
| 1996-10-03 | Notice of deposit of judgment issued to all parties, Holgate Law Office (Saskatoon, SK) | |
| 1996-10-03 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson | |
| 1996-06-13 | Correspondence received from, from Ed Holgate; re: will not be responding to the intervener sent to CJ G I, June 13/96 | John David Lucas |
| 1996-06-03 | Book of authorities, 5 copies sent to CJ G I, June 4/96, with service, Completed on: 1996-06-03 | Canadian Civil Liberties Association |
| 1996-06-03 | Intervener's memorandum of argument on application for leave, 5 copies(see motion granted on May 14/96), with service, Completed on: 1996-06-03 | Canadian Civil Liberties Association |
| 1996-05-29 | $50.00 filing fee for a notice of motion, receipt no. 32153 | John David Lucas |
| 1996-05-14 |
Decision on motion for leave to intervene, factum limited to 20 pages, So Granted, no order as to costs |
|
| 1996-05-14 | Hearing of motion for leave to intervene, 1996-05-14, factum limited to 20 pages, So | |
| 1996-05-14 | Submission of motion for leave to intervene, 1996-05-14, factum limited to 20 pages, So | |
| 1996-05-10 | Affidavit, to appoint counsel in the event leave be granted and in forma pauperis (of John David Lucas), with service | John David Lucas |
| 1996-05-10 | Affidavit, to appoint counsel in the event leave be granted and in forma pauperis (of Johanna Erna Lucas), with service | John David Lucas |
| 1996-05-10 | Notice of miscellaneous motion, to appoint counsel in the event leave be granted and in forma pauperis sent to CJ G I, May 16/96, with service, Completed on: 1996-05-10 | John David Lucas |
| 1996-05-10 | Response to the motion for leave to intervene, of Canadian Civil Liberties (letterform), Completed on: 1996-05-10 | John David Lucas |
| 1996-05-09 | Correspondence received from, dated May 8/96 from Ross Mcnab to advise the Court that he takes no position on the Canadian Civil Liberties application to intervene | Her Majesty the Queen |
| 1996-05-08 | All materials on application for leave submitted to the Judges, CJ G Ia | |
| 1996-05-06 | General proceeding, to note 5 copies of the Memorandum of Argument for leave to intervene, with service | Canadian Civil Liberties Association |
| 1996-05-06 | $50.00 filing fee for a notice of motion, for leave to intervene receipt #32045 | Canadian Civil Liberties Association |
| 1996-05-06 | Affidavit, 5 copies (bookform) (of A. Alan Borovoy), with service | Canadian Civil Liberties Association |
| 1996-05-06 | Motion for leave to intervene, 5 copies (bookform), with service, Completed on: 1996-05-06 | Canadian Civil Liberties Association |
| 1996-05-02 | Correspondence received from, dated May 2/96 from Henry S. Brown, Q.C. in response to the motions of the applicant to appoint counsel and in forma pauperis. Both applications are premature, sent to CJ G I, May 16/96 | Her Majesty the Queen |
| 1996-04-17 | General proceeding, copies of C.A. formal orders (TO BE SENT WITH THE LEAVE APPLICATION | John David Lucas |
| 1996-03-29 | Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1996-03-29 | Her Majesty the Queen |
| 1996-03-13 | General proceeding, 5 copies of signature of counsel (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL) | John David Lucas |
| 1996-03-07 | Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) enclosing copy of letter dated Mar 7/96 sent to applicant | |
| 1996-03-07 | Correspondence received from, sent to Holgate Law Office (Saskatoon, SK) to acknowledge receipt of material commencing a proceeding together with filing fee | |
| 1996-03-04 | $50.00 filing fee, receipt no. 31675 for $30.00 ($20.00 requested) (RECEIPT NO. 31718 DATED MARCH 13/96 FOR $20.00) | John David Lucas |
| 1996-03-04 | Application for leave to appeal, 5 copies (no signature of counsel, $20.00 requested, date of the service requested, formal orders if any requested) (as per phone conversation, service has been admitted on March 1/96), with service, Completed on: 1996-04-17 | John David Lucas |
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 |
|---|---|---|
| Lucas, John David | Applicant | Active |
| Lucas, Johanna Erna | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Civil Liberties Association | Intervener | Active |
| Attorney General of Manitoba | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General for Ontario | Intervener | Active |
Counsel
Party: Lucas, John David
Counsel
11 Prince Arthur Ave
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: ruby@Ruby-edwardh.com
Agent
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Lucas, Johanna Erna
Counsel
11 Prince Arthur Ave
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: ruby@Ruby-edwardh.com
Agent
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Her Majesty the Queen
Counsel
1874 Scarth St., 10th Floor
P.O. Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-8385
FAX: (306) 787-9111
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Canadian Civil Liberties Association
Counsel
3000 Aetna Tower
PO Box 270 Stn Toronto Dominion
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-0040
FAX: (416) 865-7380
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Party: Attorney General of Manitoba
Counsel
7 - 405 BROADWAY AVE
WINNIPEG, Manitoba
R3C 3L6
Telephone: (204) 945-0679
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General of Canada
Counsel
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0249
FAX: (604) 666-2214
Agent
Department of Justice
284 Wellington Street, 2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Party: Attorney General for Ontario
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4458
FAX: (416) 326-4656
Email: lepofsky@eol.ca
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
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
Court of Queen’s Bench of Saskatchewan
x
conviction: defamation
Court of Appeal for Saskatchewan
6672
appeal dismissed
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