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.
26615
Allan Granovsky v. Minister of Employment and Immigration
(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) |
|---|---|---|
| 2000-08-21 | Record returned to the Registrar of the Court of Appeal | |
| 2000-06-06 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2000-06-01 | Copy of formal judgment being prepared | |
| 2000-05-19 | Notice of deposit of judgment sent to all parties | |
| 2000-05-18 |
Judgment on the appeal rendered, L'HD G McL Ia Ma Ba Bi, The appeal is dismissed without costs. The constitutional questions are answered as follows: Question 1: Does the Canada Pension Plan, R.S.C., 1985, c. C-8, discriminate against persons on the basis of physical or mental disability by including periods of physical or mental disability in a claimant's contributory period, as such period is determined pursuant to paragraph 44(2)(b ) of that Act, in claims for a disability pension under that Act, contrary to section 15 of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B of the Canada Act 1982 (U.K.), 1982, c. 11? Answer: No. Question 2: If so, does the discrimination come within only such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society under section 1 of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B of the Canada Act 1982 (U.K.), 1982, c. 11? Answer: The second constitutional question need not be answered. Dismissed, without costs |
|
| 1999-11-22 | Transcript received, and distributed to the justices (72 p.) | |
| 1999-11-15 | Order on motion to extend time | |
| 1999-11-10 |
Hearing of the appeal, 1999-11-10, L'HD G McL Ia Ma Ba Bi Judgment reserved |
|
| 1999-11-09 | Supplemental document, statutory authorities | Allan Granovsky |
| 1999-11-08 |
Decision on motion to extend time, DeRg, to serve & file the book of authorities of the intervener Council of Canadians with Disabilities to Oct. 26/99 Granted, no order as to costs |
|
| 1999-11-08 | Submission of motion to extend time, DeRg | |
| 1999-11-05 | Correspondence received from, John F. Rook (by fax) dated Nov. 5/99 re: s.19 of the Canada Pension Plan in paragraphs 67 & 70 of factum | Council of Canadians with Disabilities |
| 1999-11-02 | Notice of appearance | Minister of Employment and Immigration |
| 1999-10-26 | Motion to extend time, to file the book of authorities to Oct. 26, 1999 (4 copies - book form), Completed on: 1999-10-26 | Council of Canadians with Disabilities |
| 1999-10-26 | Book of authorities, (proof of delivery requested), Incomplete | Council of Canadians with Disabilities |
| 1999-10-26 | Correspondence received from, L. Sand dated Oct. 25, 1999 re: errata in the factum | Council of Canadians with Disabilities |
| 1999-10-14 | Notice of appearance, of Bryan Schwartz and Ronald Schmalcel at the hearing of the appeal | Allan Granovsky |
| 1999-09-02 | Notice of hearing | Allan Granovsky |
| 1999-08-31 | Intervener's factum, see order dated Aug. 10, 1999, Completed on: 1999-08-31 | Council of Canadians with Disabilities |
| 1999-08-30 |
Appeal hearing scheduled, 1999-11-10 Judgment reserved |
|
| 1999-08-11 | Order on motion to extend time | |
| 1999-08-10 | Respondent's book of authorities, Vol. I and II (extension requested), Completed on: 1999-08-10 | Minister of Employment and Immigration |
| 1999-08-10 |
Decision on motion to extend time, Reg, to serve & file the factum of the intervener Council of Canadians with Disabilities to Aug. 31/99. Granted, no order as to costs |
|
| 1999-08-10 | Submission of motion to extend time, by the intervener Council of Canadians with Disabilities, Reg | |
| 1999-07-26 | Motion to extend time, to file the factum to Aug. 31, 1999 - book form, Completed on: 1999-07-26 | Council of Canadians with Disabilities |
| 1999-07-23 | Appellant's book of authorities, (extension requested), Completed on: 1999-07-23 | Allan Granovsky |
| 1999-06-28 | Respondent's factum, Completed on: 1999-06-28 | Minister of Employment and Immigration |
| 1999-06-25 | Appeal perfected for hearing, Session beginning on 1999-10-04 | |
| 1999-05-05 | Order on motion to extend time | |
| 1999-05-05 |
Decision on motion to extend time, Reg, to serve & file the appellant's factum to Apr. 30/99, nunc pro tunc. Granted, no order as to costs |
|
| 1999-05-05 | Submission of motion to extend time, Reg | |
| 1999-05-04 | Appeal court record, 1 accordion file | |
| 1999-04-30 | Response to motion to extend time, (Letter Form), Completed on: 1999-04-30 | Minister of Employment and Immigration |
| 1999-04-30 | Motion to extend time, to file the appellant's factum to April 30/99, Completed on: 1999-04-30 | Allan Granovsky |
| 1999-04-30 | Appellant's factum, Completed on: 1999-04-30 | Allan Granovsky |
| 1999-03-15 | Response to the motion for leave to intervene, (Letter Form), (fax copy)(original received on March 17, 1999), Completed on: 1999-03-15 | Minister of Employment and Immigration |
| 1999-03-15 | Order on motion for leave to intervene, (by the Court) | |
| 1999-03-15 |
Decision on the motion for leave to intervene, Ia, by the Council of Canadians with Disabilities. The factum is limited to 20 pages & oral argument to 15 minutes. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record apart from its factum and oral submissions. The intervener shall pay to the appellant any additional disbursements occasioned to the appellant by the intervention. Granted, no order as to costs |
|
| 1999-03-15 | Submission of motion for leave to intervene, by C.C.D., Ia | |
| 1999-02-24 | Notice of constitutional question(s) | Allan Granovsky |
| 1999-02-22 | Order on motion to state a constitutional question | |
| 1999-02-16 |
Decision on the motion to state a constitutional question, (see file for questions). Notices of intention to intervene are to be filed no later than March 19/99, CJ, (saved in long judgment) Granted, no order as to costs |
|
| 1999-02-15 | Response to the motion for leave to intervene, by Council of Canadians with disabilities, Completed on: 1999-02-15 | Allan Granovsky |
| 1999-02-12 | Appellant's record, Completed on: 1999-02-12 | Allan Granovsky |
| 1999-01-22 | Submission of motion to state a constitutional question, CJ | |
| 1999-01-21 | Response to the motion to state a constitutional question, (Letter Form), Completed on: 1999-01-21 | Minister of Employment and Immigration |
| 1999-01-08 | Motion for leave to intervene, (book form) - 5 copies, Incomplete | Council of Canadians with Disabilities |
| 1999-01-07 | Motion to state a constitutional question, Completed on: 1999-01-07 | Allan Granovsky |
| 1998-11-13 | Letter acknowledging receipt of notice of appeal, sent to A.G. of Canada and Ronald Schmalcel | |
| 1998-11-09 | Notice of appeal, Completed on: 1998-11-09 | Allan Granovsky |
| 1998-10-09 | Notice of deposit of judgment issued to all parties, all parties | |
| 1998-10-08 |
Judgment of the Court on the application for leave to appeal, Co Ma Bi, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1998-09-08 | All materials on application for leave submitted to the Judges, Co Ma Bi | |
| 1998-06-15 | Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1998-06-15 | Allan Granovsky |
| 1998-06-05 | Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1998-06-05 | Minister of Employment and Immigration |
| 1998-05-12 | Correspondence received from, sent to Gowling, Strathy & Henderson and Dept. of Human Resources Development re: receipt of material commencing a proceeding together with filing fee | |
| 1998-05-11 | $50.00 filing fee, receipt #30591, with service | Allan Granovsky |
| 1998-05-11 | Application for leave to appeal, 5 copies, with service, Completed on: 1998-05-11 | Allan Granovsky |
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 |
|---|---|---|
| Granovsky, Allan | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Employment and Immigration | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Council of Canadians with Disabilities | Intervener | Active |
Counsel
Party: Granovsky, Allan
Counsel
Bryan Schwartz
387 Broadway
Winnipeg, Manitoba
R3C 0V5
Telephone: (204) 957-1717
FAX: (204) 943-6199
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Minister of Employment and Immigration
Counsel
Catherine Moore
284 Wellington Street
East Memorial Building
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4871
FAX: (613) 954-1920
Party: Council of Canadians with Disabilities
Counsel
Mark A. Gelowitz
1 First Canadian Place
PO Box 50
Toronto, Ontario
M5X 1B8
Telephone: (416) 862-4280
FAX: (416) 862-6666
Agent
1500 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1025
FAX: (613) 235-2867
Email: lstarchuk@osler.com
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
Federal Court of Appeal
A-373-97
Application for judicial review 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