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26174

Her Majesty the Queen in Right of Canada, et al. v. Angelo Del Zotto, et al.

(Federal) (Criminal) (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)
2000-01-11 Appeal closed
2000-01-11 Correspondence received from, Ivan Bloom (by fax); re: request that the taxation in this case not proceed. A settlement has occurred Her Majesty the Queen in Right of Canada
1999-12-24 Correspondence received from, Ivan Bloom (by fax); re: costs will be resolved shortly Her Majesty the Queen in Right of Canada
1999-12-08 Correspondence received from, Ivan Bloom (by fax); re: the costs issue may be resolved without taxation Her Majesty the Queen in Right of Canada
1999-12-07 Correspondence received from, Ivan Bloom (by fax) re: only portion of the bill of costs shall be taxed Her Majesty the Queen in Right of Canada
1999-12-01 Bill of costs, Completed on: 1999-12-01 Her Majesty the Queen in Right of Canada
1999-05-19 Record returned to the Registrar of the Court of Appeal, Returned to Federal Court mailroom
1999-03-10 Formal judgment sent to the registrar of the court of appeal and all parties
1999-03-10 Copy of formal judgment being prepared
1999-01-25 Notice of deposit of judgment sent to all parties
1999-01-21 Judgment on the appeal rendered, CJ L'HD G McL Ma Ba Bi
Allowed, costs in this Court and courts below
1999-01-20 Hearing of the appeal, 1999-01-20, video #V005, V006, CJ L'HD G McL Ma Ba Bi
Judgment reserved
1999-01-19 Book of authorities, (joint suppl. book of authorities), Completed on: 1999-01-19 Angelo Del Zotto
1999-01-13 Notice of appearance, of Edward Greenspan, Q.C. and David Stratas for Respondent Del Zotto and Alan Gold and Mahmud Jamal for the Respondent Noble at the hearing of the appeal Angelo Del Zotto
1999-01-12 Appellant's condensed book Her Majesty the Queen in Right of Canada
1999-01-11 Notice of hearing, Session beginning on 1999-01-18 Her Majesty the Queen in Right of Canada
1999-01-07 Supplemental document, (appellant's supplemental book of authorities) Her Majesty the Queen in Right of Canada
1999-01-04 Order on motion to extend time, to serve and file the book of authorities
1999-01-04 Decision on motion to extend time, to serve and file the book of authorities of the intervener A.G. of AB to Dec. 15/98, nunc pro tunc, Reg
Granted, no order as to costs
1999-01-04 Submission of motion to extend time, Reg
1998-12-22 Response to motion to extend time, (to file the A.G. Alberta's authorities to Dec. 15, 1998) (fax copy), Completed on: 1998-12-22 Her Majesty the Queen in Right of Canada
1998-12-22 Order on motion to extend time, to serve and file the book of authorities of the intervener A.G. of QC to Dec. 10/98 and to extend the length of oral argument to 30 minutes instead of 15 minutes
1998-12-21 Decision on motion to extend time, to serve and file the book of authorities of the intervener A.G. of QC to Dec. 10/98 and to extend the length of oral argument to 30 minutes instead of 15 minutes, Ba
Granted, no order as to costs
1998-12-21 Motion to extend time, to file the intervener's authorities to Dec. 15, 1998, Completed on: 1998-12-21 Attorney General of Alberta
1998-12-21 Submission of motion to extend time, Ba
1998-12-21 Submission of motion for additional time to present oral argument, Ba
1998-12-15 Book of authorities, (extension of time requested), Completed on: 1998-12-08 Attorney General of Alberta
1998-12-10 Decision on motion for additional time to present oral argument, to 30 minutes instead of 15 minutes, Ba
Granted, no order as to costs
1998-12-10 Submission of motion for additional time to present oral argument, Ba
1998-12-10 Motion for additional time to present oral argument, from 15 minutes to 30 minutes (joint with extension of time), Completed on: 1998-12-10 Attorney General of Quebec
1998-12-10 Motion to extend time, to serve and file their Authorities to Dec. 10/98 (joint with motion for additional time to present oral argument), Completed on: 1998-12-10 Attorney General of Quebec
1998-12-10 Book of authorities, (extension of time requested), Completed on: 1998-12-10 Attorney General of Quebec
1998-12-08 Intervener's factum, 25 copies, Completed on: 1998-12-08 Attorney General of Alberta
1998-12-04 Appeal hearing scheduled, Session beginning on 1999-01-18, 1999-01-20
Judgment reserved
1998-12-02 Intervener's factum, Completed on: 1998-12-02 Attorney General of Quebec
1998-11-27 Order on miscellaneous motion, re: directions for filing interveners factums, for order of Gonthier J. see file
1998-11-27 Decision on miscellaneous motion, G, by the respondents for an order directing the interveners to file their factums by Nov. 25/98. Seeing that the A.G. for ON has filed its factum on Nov. 6/98, the A.G. of QC is directed to serve and file its factum by Dec. 2/98 and the A.G. of AB is directed to serve and file its factum by Dec. 8/98

Granted, no order as to costs
1998-11-26 Submission of miscellaneous motion, G
1998-11-25 Correspondence received from, Sylvie Roussel, datée du 24 nov. 98 re: mémoire du P.G. Québec sera déposé le 2 décembre 1998 Attorney General of Quebec
1998-11-24 Response to miscellaneous motion, affidavit of Eduard J. Van Bemmel, Completed on: 1998-11-24 Attorney General of Alberta
1998-11-20 Decision on motion to extend time, to serve and file the book of authorities of the A.G. for ON to Nov. 8/98, DeRg
Granted, no order as to costs
1998-11-20 Submission of motion to extend time, by A.G.- Ontario, DeRg
1998-11-16 Correspondence received from, M. Lynn Starchuk re: respondents discontinue the motion against A.G. for Ontario Angelo Del Zotto
1998-11-13 Response to miscellaneous motion, (Letter Form), takes no position on Respondent's motion, Completed on: 1998-11-13 Her Majesty the Queen in Right of Canada
1998-11-12 Appeal removed from the list
1998-11-12 Notice of miscellaneous motion, (service to all parties), Completed on: 1998-11-12 Angelo Del Zotto
1998-11-12 Order on motion to adjourn the hearing of the appeal, for CJ's order see file
1998-11-12 Submission of motion to adjourn the hearing of the appeal, CJ
1998-11-12 Decision on motion to adjourn the hearing of the appeal, - The appeal shall be heard on Wednesday, January 20, 1999 and the time for oral argument at the hearing of the appeal shall be allocated as follows: Appellants (2 hours) Respondents (2 hours), CJ
Granted, no order as to costs
1998-11-12 Motion to extend time, Completed on: 1998-11-12 Attorney General for Ontario
1998-11-06 Book of authorities, 13 copies, Completed on: 1998-11-06 Attorney General for Ontario
1998-11-06 Intervener's factum, Completed on: 1998-11-06 Attorney General for Ontario
1998-10-30 Response to the motion to adjourn the hearing of the appeal, to be fixed for January 20, 1998 (letterform from Ivan Bloom), Completed on: 1998-10-30 Her Majesty the Queen in Right of Canada
1998-10-30 Response to the motion for additional time to present oral argument, to two hours in total also be granted to the Appellants (letterform from Ivan Bloom), Completed on: 1998-10-30 Her Majesty the Queen in Right of Canada
1998-10-23 General proceeding, Reply on Motion for Adjournment of Hearing and Extension of Oral Argument (book form - joint with R02), with service Angelo Del Zotto
1998-10-20 General proceeding, Response on Motion for Adjournment of Hearing and Extension of Oral Argument (4 copies - book form), with service Her Majesty the Queen in Right of Canada
1998-10-16 Correspondence (sent by the Court) to, from Noel et Ass., letter dated Oct. 16, 1998 (fax copy) re: s'en remet à la discrétion de la cour relativement à la requête pour obtenir du temps additionnel
1998-10-15 $50.00 filing fee for notice of motion, receipt #31338 Angelo Del Zotto
1998-10-15 Affidavit, (Edward Leonard Greenspan, Q.C.) (joint with motion to adjourn), with service Angelo Del Zotto
1998-10-15 Motion for additional time to present oral argument, (joint with motion to adjourn) (joint with R02), with service, Completed on: 1998-10-15 Angelo Del Zotto
1998-10-15 Affidavit, (Edward Leonard Greenspan, Q.C.) (joint with motion for additional argument time), with service Angelo Del Zotto
1998-10-15 Motion to adjourn the hearing of the appeal, (joint with motion for additional argument time), with service, Completed on: 1998-10-15 Angelo Del Zotto
1998-09-28 Appeal hearing
1998-09-08 Book of authorities, 12 copies of Vol. 1 to 3 (joint with R02), with service, Completed on: 1998-09-08 Angelo Del Zotto
1998-09-08 Respondent's factum, 25 copies (returned for corrections Sept. 14/98 - back from corrections same day), with service, Completed on: 1998-09-08 Herbert B. Noble
1998-09-08 Respondent's factum, 26 copies (returned for corrections Sept. 14/98 - back from corrections same day), with service, Completed on: 1998-09-08 Angelo Del Zotto
1998-08-11 Appeal perfected for hearing, Session beginning on 1999-01-18
1998-08-06 Notice of hearing, With service Her Majesty the Queen in Right of Canada
1998-07-20 Order on motion to dispense with printing
1998-07-09 Appellant's factum, 24 copies (see order of April 15, 1998), with service, Completed on: 1998-07-09 Her Majesty the Queen in Right of Canada
1998-07-08 Decision on motion to reduce number of copies, of their record to 2 copies, Reg
Granted, no order as to costs
1998-07-08 Submission of motion to reduce number of copies, Reg
1998-07-08 Decision on motion to dispense with printing, Reducing the number of copies of their record to 12 copies of volumes 1 to 13 and 24 copies of volume 14, Reg
Granted, no order as to costs
1998-07-08 Submission of motion to dispense with printing, 1998-07-08, Reducing the number of copies of their record to 12 copies of volumes 1 to 13 and 24 copies of volume 14, Reg
1998-07-03 Appellant's record, 12 copies of vols. I to XIII; 21 copies of vol. XIV, Completed on: 1998-07-03 Her Majesty the Queen in Right of Canada
1998-07-03 Book of authorities, 12 copies of vols. 1 to 4, Completed on: 1998-07-03 Her Majesty the Queen in Right of Canada
1998-07-03 Response to motion to reduce number of copies, (letterform from M. Jamal - will not be opposed), Completed on: 1998-07-03 Angelo Del Zotto
1998-07-03 Affidavit, 2 copies; Steven Albin, with service Her Majesty the Queen in Right of Canada
1998-07-03 $50.00 filing fee for notice of motion, (justice account) Her Majesty the Queen in Right of Canada
1998-07-03 Motion to reduce number of copies, 2 copies, with service, Completed on: 1998-07-03 Her Majesty the Queen in Right of Canada
1998-06-22 Notice of intervention respecting a constitutional question, With service Attorney General of Alberta
1998-06-15 Notice of intervention respecting a constitutional question, With service Attorney General for Ontario
1998-06-01 Notice of intervention respecting a constitutional question, (see order dated May 12, 1998), with service Attorney General of Quebec
1998-05-21 Notice of constitutional question(s), With service Her Majesty the Queen in Right of Canada
1998-05-20 Order on motion to state a constitutional question
1998-05-12 Decision on the motion to state a constitutional question, (for Constitutional Questions see file). Notices of intention to intervene are to be files no later than June 22/98
Granted, no order as to costs
1998-05-05 Order on motion to extend time, to file their Record, Factum & Book of Authorities
1998-04-29 Hearing of the motion to state a constitutional question, 1998-04-29, The motion to state Constitutional Questions is reserved and the motion on behalf of the appellants to file a reply factum is premature
Decision reserved
1998-04-29 Submission of motion to state a constitutional question, 1998-04-29, The motion to state Constitutional Questions is reserved and the motion on behalf of the appellants to file a reply factum is premature
Decision reserved
1998-04-15 Correspondence (sent by the Court) to, (by fax) dated April 15/98 from M. Lynn Starchuk re: does not oppose the extension of time to file the Appellant's record, factum and authorities
1998-04-15 Decision on motion to extend time, to file the appellants' record, factum & authorities to 2 months following the decision of the Constitutional Questions, Reg
Granted, no order as to costs
1998-04-15 Submission of motion to extend time, 1998-04-15, to file the appellants' record, factum & authorities to 2 months following the decision of the Constitutional Questions, Reg
1998-04-14 $50.00 filing fee for notice of motion, to extend time receipt taken from Justice account Her Majesty the Queen in Right of Canada
1998-04-14 Motion to extend time, to file the Appellant's Record, Appellant's factum and Authorities to a date 2 months after the release of the decision stating the Constitutional Questions, with service, Completed on: 1998-04-14 Her Majesty the Queen in Right of Canada
1998-03-18 Appeal court record, 5 boxes
1998-03-06 General proceeding, 5 copies of REPLY to respondent's response on constitutional questions, with service Her Majesty the Queen in Right of Canada
1998-03-05 Book of authorities, 5 copies re: motion to state constitutional question, Completed on: 1998-03-05 Angelo Del Zotto
1998-03-03 General proceeding, 5 copies of response on the constitutional questions, with service Angelo Del Zotto
1998-02-26 Correspondence (sent by the Court) to, (by fax) from Ivan Bloom, Q.C.; re: that an additional request for relief be considered on the motion to state constitutional questions
1998-02-24 $50.00 filing fee for notice of motion, (deducted from Justice account) Her Majesty the Queen in Right of Canada
1998-02-24 Motion to state a constitutional question, (2 copies), with service, Completed on: 1998-02-24 Her Majesty the Queen in Right of Canada
1998-02-16 Correspondence (sent by the Court) to, from I. Bloom to Federal Court of Appeal, letter dated Feb. 13, 1998 re: requesting that the record be sent to the Supreme Court
1998-01-14 Notice of appeal, Completed on: 1998-01-14 Her Majesty the Queen in Right of Canada
1997-12-19 Notice of deposit of judgment issued to all parties, A.G. of Canada
1997-12-19 Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt
1997-12-18 Judgment of the Court on the application for leave to appeal, So Co Ma, The application for leave to appeal is granted.
Granted, no order as to costs
1997-10-31 All materials on application for leave submitted to the Judges, So Co Ma
1997-10-16 Correspondence received from, (by fax) from Ivan S. Bloom, Q.C.; re: changes to reasons for judgment of the F.C.A. (TO BE DISTRIBUTED) Her Majesty the Queen in Right of Canada
1997-10-10 Correspondence received from, (by fax) from Ivan Bloom; re: replying to Mr. Stratas letter and objecting that it be referred (TO BE DISTRIBUTED) Her Majesty the Queen in Right of Canada
1997-10-10 Correspondence received from, (by fax) from David Stratas; re: the applicant's reply (TO BE DISTRIBUTED) Angelo Del Zotto
1997-10-08 Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1997-10-08 Her Majesty the Queen in Right of Canada
1997-10-08 Proof of service, of response (admitted on Oct. 2\97)
1997-10-03 Respondent's response on the application for leave to appeal, 5 copies, Completed on: 1997-10-03 Angelo Del Zotto
1997-09-04 $50.00 filing fee, (from Justice account) Her Majesty the Queen in Right of Canada
1997-09-04 Application for leave to appeal, 5 copies (service admitted on Sept.3, 1997), with service, Completed on: 1997-09-04 Her Majesty the Queen in Right of Canada

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
Her Majesty the Queen in Right of Canada Appellant Active
Minister of National Revenue Appellant Active
Thompson, John Edward Appellant Active

v.

Main parties - Respondents
Name Role Status
Del Zotto, Angelo Respondent Active
Noble, Herbert B. Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Quebec Intervener Active
Attorney General for Ontario Intervener Active
Attorney General of Alberta Intervener Active

Counsel

Party: Her Majesty the Queen in Right of Canada

Counsel
Ivan S. Bloom, Q.C.
Attorney General of Canada
3400 - 130 King Street West
P.O. Box 36, Exchange Tower
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-3127
FAX: (416) 973-8253
Email: ivan.bloom@justice.gc.ca
Agent
Robert J. Frater
Attorney General of Canada
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: Minister of National Revenue

Counsel
Ivan S. Bloom, Q.C.
Attorney General of Canada
3400 - 130 King Street West
P.O. Box 36, Exchange Tower
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-3127
FAX: (416) 973-8253
Email: ivan.bloom@justice.gc.ca
Agent
Robert J. Frater
Attorney General of Canada
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: Thompson, John Edward

Counsel
Ivan S. Bloom, Q.C.
Attorney General of Canada
3400 - 130 King Street West
P.O. Box 36, Exchange Tower
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-3127
FAX: (416) 973-8253
Email: ivan.bloom@justice.gc.ca
Agent
Robert J. Frater
Attorney General of Canada
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: Del Zotto, Angelo

Counsel
Edward L. Greenspan, Q.C.
Greenspan & Associates
144 King St East
Toronto, Ontario
M5C 1G8
Telephone: (416) 366-3961
FAX: (416) 366-7994
Agent
Lynn Starchuk
Osler, Hoskin & Harcourt
1500 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1025
FAX: (613) 235-2867
Email: lstarchuk@osler.com

Party: Noble, Herbert B.

Counsel
Alan D. Gold
Gold & Fuerst
210 - 20 Adelaide St Est
Toronto, Ontario
M5C 2T6
Telephone: (416) 368-1726
FAX: (416) 368-6811
Agent
Lynn Starchuk
Osler, Hoskin & Harcourt
1500 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1025
FAX: (613) 235-2867
Email: lstarchuk@osler.com

Party: Attorney General of Quebec

Counsel
Gilles Laporte
Procureur général du Québec
1200 Rte de l'Église
2e Étage
Ste-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: glaporte@justice.gouv.qc.ca
Agent
Sylvie Roussel
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Attorney General for Ontario

Counsel
Michel Y. Hélie
Attorney General for Ontario
720 Bay St
7th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4454
FAX: (416) 326-4015
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General of Alberta

Counsel
Robert C. Maybank
Attorney General of Alberta
9833 - 109 Street
4th Floor
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-0500
FAX: (780) 425-0307
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

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

January 24, 1997
Federal Court of Canada, Trial Division

T-2022-93

Action dismissed; costs reserved

June 10, 1997
Federal Court of Appeal

A-55-97

Appeal allowed with costs

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.

Downloadable PDFs

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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.

Downloadable PDFs

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Date modified: 2025-05-13