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.
26321
Minister of Health and Community Services v. M.L., et al.
(New Brunswick) (Civil) (By Leave)
(Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1999-01-26 | Record returned to the Registrar of the Court of Appeal | |
| 1998-10-09 | Appeal closed | |
| 1998-10-01 | Written reasons rendered after oral judgment, L'HD G Co McL Ia Ma Bi | |
| 1998-07-24 | Formal judgment sent to the registrar of the court of appeal and all parties, New Brunswick (Fredericton) | |
| 1998-07-24 | Copy of formal judgment on leave being prepared, all parties | |
| 1998-06-23 |
Judgment on the appeal rendered, L'HD G Co McL Ia Ma Bi, L'HEUREUX-DUBÉ J. (orally for the Court): It will not be necessary to hear from you Ms. Beaton and Ms. Godin. The Court is ready to render judgment now. We are all of the view to allow the appeal, set aside the order of the New Brunswick Court of Appeal and restore the orders made on March 20, 1997 and May 8, 1997 of Boisvert J. (reasons delivered Oct. 1/98) Allowed, no order as to costs |
|
| 1998-06-23 |
Hearing of the appeal, 1998-06-23, L'HD G Co McL Ia Ma Bi Judgment rendered |
|
| 1998-06-22 | Notice of appearance, of Sylvia Mendes-Roux at the hearing of the appeal | Child Solicitor |
| 1998-06-11 | Proof of service, of the factum and book of authorities | |
| 1998-06-10 | Proof of service, of the factum and authorities | |
| 1998-06-09 | Book of authorities, 12 copies, with service, Completed on: 1998-06-09 | Child Solicitor |
| 1998-06-09 | Intervener's factum, 24 copies (see order dated June 3, 1998), with service, Completed on: 1998-06-09 | Child Solicitor |
| 1998-06-04 | Proof of service, of the notice of motion to intervene | |
| 1998-06-03 | Response to the motion for leave to intervene, by Child solicitor (Peter White) - letter form (fax copy), Completed on: 1998-06-03 | R.L. |
| 1998-06-03 | Order on motion for leave to intervene, for Iacobucci J.'s Order see file | |
| 1998-06-03 |
Decision on the motion for leave to intervene, Applicant be entitled to serve and file a factum not to exceed 20 pages in length no later than June 9/98 and oral argument not to exceed 15 minutes, Ia Granted, no order as to costs |
|
| 1998-06-03 | Hearing of motion for leave to intervene, 1998-06-03, Applicant be entitled to serve and file a factum not to exceed 20 pages in length no later than June 9/98 and oral argument not to exceed 15 minutes, Ia | |
| 1998-06-03 | Submission of motion for leave to intervene, 1998-06-03, Applicant be entitled to serve and file a factum not to exceed 20 pages in length no later than June 9/98 and oral argument not to exceed 15 minutes, Ia | |
| 1998-06-03 |
Decision on motion to extend time, for leave to intervene, Ia Granted, no order as to costs |
|
| 1998-06-03 | Hearing of motion to extend time, 1998-06-03, for leave to intervene, Ia | |
| 1998-06-03 | Submission of motion to extend time, 1998-06-03, for leave to intervene, Ia | |
| 1998-06-02 | Response to the motion for leave to intervene, of Terrence Lenihan, with service, Completed on: 1998-06-02 | M.L. |
| 1998-06-02 | Response to the motion for leave to intervene, of Rita Godin, with service, Completed on: 1998-06-02 | Minister of Health and Community Services |
| 1998-06-02 | Affidavit, of Sylvia Mendes-Roux, with service | Child Solicitor |
| 1998-06-02 | $50.00 filing fee for notice of motion, receipt no. 30699, with service | Child Solicitor |
| 1998-06-02 | Motion to extend time, to file the motion to intervene (5 copies - book form), with service, Completed on: 1998-06-02 | Child Solicitor |
| 1998-06-02 | Motion for leave to intervene, 5 copies - book form (joint motion), with service, Completed on: 1998-06-02 | Child Solicitor |
| 1998-05-25 | Notice of appearance, of Peter J.C. White (15 mins.) | R.L. |
| 1998-05-25 | Correspondence (sent by the Court) to, (by fax) from Peter J.C. White; re: requesting to be dispense with an Ottawa Agent | |
| 1998-05-22 | Respondent's record, 24 copies, with service, Completed on: 1998-05-22 | M.L. |
| 1998-05-22 | Respondent's factum, 24 copies, with service, Completed on: 1998-05-22 | M.L. |
| 1998-05-21 | Respondent's factum, 24 copies, with service, Completed on: 1998-05-21 | R.L. |
| 1998-05-11 | Correspondence (sent by the Court) to, from A. Roland to Byrne, Lenihan re: granting leave to file documents without going through an agent | |
| 1998-05-07 | Proof of service, of the notice of hearing | |
| 1998-05-06 | Correspondence (sent by the Court) to, from T. Lenihan to D. Beaulieu, letter dated April 30, 1998 (fax copy) re: requesting permission to dispense with the need for an agent (original received on May 13, 1998) | |
| 1998-05-06 | Appeal court record, (1 small box) | |
| 1998-04-16 | Correspondence (sent by the Court) to, (by fax) from Peter J.C. White; re: will represent R.L. at the hearing of June 23\98 sent to Co, Apr. 16/98 | |
| 1998-04-16 | Correspondence (sent by the Court) to, (by fax) from Terrence P. Lenihan; re: will represent M.L. at the hearing of June 23\98 sent to Co, Apr. 16/98 (original received on April 21, 1998) | |
| 1998-04-15 | Proof of service, of the appellant's factum, authorities and record | |
| 1998-04-15 |
Appeal hearing scheduled, 1998-06-23 Judgment rendered |
|
| 1998-04-15 | Appeal perfected for hearing, Session beginning on 1998-04-27 | |
| 1998-04-06 | Proof of service, of record, factum and authorities (admitted on March 26\98) | |
| 1998-03-30 | Proof of service, sent to Marie Lanteigne re: Court directives and date of hearing admitted on March 23/98 | |
| 1998-03-27 | Appellant's record, 24 copies, Completed on: 1998-03-27 | Minister of Health and Community Services |
| 1998-03-27 | Book of authorities, 12 copies, Completed on: 1998-03-27 | Minister of Health and Community Services |
| 1998-03-27 | Appellant's factum, 24 copies, Completed on: 1998-03-27 | Minister of Health and Community Services |
| 1998-03-27 | Proof of service, of letter sent to Robert Lanteigne re: Court directives and date of hearing admitted on March 24/98 | |
| 1998-03-17 | Order issued on motion for a stay of execution | |
| 1998-03-16 | Correspondence (sent by the Court) to, sent to Robert Lanteigne (Petit-Rocher, NB) enclosing sample of motion, Court directives and date of hearing June 23/98 (SENT DOUBLE REGISTERED) | |
| 1998-03-16 | Correspondence (sent by the Court) to, envoyée à Marie Lanteigne (Bathurst, NB) incluant exemplaire de requête, des directives de la Cour et la date d'audition 23 juin/98 (SENT DOUBLE REGISTERED) | |
| 1998-03-16 |
Decision on the motion for a stay of execution, Ma Granted, no order as to costs |
|
| 1998-03-16 | Hearing of motion for a stay of execution, 1998-03-16, Ma | |
| 1998-03-16 | Submission of motion for a stay of execution, 1998-03-16, Ma | |
| 1998-03-13 | Correspondence (sent by the Court) to, from Sylvia Mendes-Roux of Roux, Frenette (representing the children), letter dated March 13, 1998 (fax copy) re: supports the position of the Minister (re: motion for stay) | |
| 1998-03-09 | Proof of service, of motion for a stay (admitted on March 4\98), with service | |
| 1998-03-05 | Correspondence (sent by the Court) to, from Gowling, Strathy to Registrar, letter dated March 5, 1998 re: requesting that the motion for stay be decided by Friday, March 23, 1998 | |
| 1998-03-03 | Proof of service, of Notice of appeal (admitted on Jan. 30\98) | |
| 1998-03-03 | Other documents on motion for a stay of execution, 2 copies; supplementary affidavit of Mary Elizabeth Beaton | |
| 1998-03-03 | Other documents on motion for a stay of execution, 2 copies; affidavit of Mary Elizabeth Beaton | |
| 1998-03-03 | Motion for a stay of execution, 2 copies, Completed on: 1998-03-03 | Minister of Health and Community Services |
| 1998-01-30 | Correspondence (sent by the Court) to, sent to Robert Lanteigne, Marie Lanteigne and A.G. of New Brunswick re: Rule 32 | |
| 1998-01-23 | Proof of service, of Notice of Deposit from Robert & Marie Lanteigne admitted on Jan. 20/98 | |
| 1998-01-16 | Notice of appeal, Completed on: 1998-01-16 | Minister of Health and Community Services |
| 1998-01-16 | Order granting leave to appeal | |
| 1998-01-13 | Notice of deposit of judgment issued to all parties, all parties (SENT DOUBLE REGISTERED TO Robert and Marie Lanteigne (Bathurst, NB) | |
| 1998-01-09 |
Judgment of the Court on the application for leave to appeal, CJ Co McL, The application for leave to appeal is granted. (Revised Jan. 13/98) Granted, no order as to costs |
|
| 1997-12-30 | All materials on application for leave submitted to the Judges, CJ Co McL | |
| 1997-12-05 | Affidavit, of Sylvia Mendes-Roux (5 copies) (to be sent with the application for leave to appeal) | Minister of Health and Community Services |
| 1997-11-27 | Proof of service, of leave application (service admitted on Nov. 21, 1997) | |
| 1997-11-18 | $50.00 filing fee, receipt no. 28124 | Minister of Health and Community Services |
| 1997-11-18 | Application for leave to appeal, 5 copies (service, address of the respondents and affidavit of Sylvia Mendes-Roux, at page 145 missing), Completed on: 1997-12-30 | Minister of Health and Community Services |
| 1997-07-10 | General proceeding, transcript received and distributed to the justices (38 pages) |
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 |
|---|---|---|
| Minister of Health and Community Services | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| M.L. | Respondent | Active |
| R.L. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Child Solicitor | Intervener | Active |
Counsel
Party: Minister of Health and Community Services
Counsel
Room 445, Centennial Bldg
P.O. Box 6000
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2784
FAX: (506) 453-5364
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com
Party: M.L.
Counsel
230 St. George St.
Bathurst, New Brunswick
E2A 1B7
Telephone: (506) 546-4405
FAX: (506) 547-8085
Email: lenihant@nbnet.nb.ca
Party: R.L.
Counsel
PO BX 92
BATHURST, New Brunswick
E2A 3Z1
Telephone: (506) 546-9602
FAX: (506) 545-6032
Party: Child Solicitor
Counsel
1212 St Peter Ave
Bathurst, New Brunswick
E2A 3A1
Telephone: (506) 548-9444
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
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 New Brunswick
FDB-478.96
Custody of the children awarded to the Appellant
Court of Appeal of New Brunswick
90/97/CA
Appel accueilli en partie
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