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Case information

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26779

K.L.W. v. Winnipeg Child and Family Services

(Manitoba) (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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2000-10-28 Appeal closed
2000-10-27 Approved order for payment out, (Sent to Finance, Nov. 8/2000)
2000-10-27 Record returned to the Registrar of the Court of Appeal
2000-10-23 Formal judgment sent to the registrar of the court of appeal and all parties
2000-10-17 Notice of deposit of judgment sent to all parties
2000-10-16 Copy of formal judgment being prepared
2000-10-13 Judgment on the appeal rendered, CJ L'HD G Ma Ba Bi Arb, See long:
Dismissed, no order as to costs
2000-03-10 Transcript received, (120 pages)
2000-02-25 Hearing of the appeal, 2000-02-25, (V024-V025), CJ L'HD G Ma Ba Bi Arb
Judgment reserved
2000-02-24 Appeal court record, joint with Trial Court records (1 box)
2000-02-18 Order on motion to extend time
2000-02-18 Decision on motion to extend time, Reg, La requête pour obtenir une ordonnance prorogeant le délai pour signifier et produire le mémoire et cahier d'autorités de l'intervenante Procureure générale du Québec au 10 février 2000.
Granted, no order as to costs
2000-02-18 Submission of motion to extend time, Reg
2000-02-18 Notice of withdrawal Attorney General of Alberta
2000-02-15 Motion to adduce new evidence, 10 copies (book form) re: affidavit of Karen Lynn Watson (sent to the panel on Feb. 18, 2000), Completed on: 2000-02-15 K.L.W.
2000-02-10 Book of authorities, Completed on: 2000-02-11 Attorney General of Quebec
2000-02-10 Motion to extend time, to serve and file their Factum to Feb. 4/00 and Authorities to Feb. 10/00, Completed on: 2000-02-11 Attorney General of Quebec
2000-02-08 Order on motion for additional time to present oral argument
2000-02-08 Decision on motion for additional time to present oral argument, Ia, The motion for an order permitting the respondent leave to transfer 15 minutes of oral argument to the intervener Attorney General of Manitoba, thereby increasing Manitoba's time to 30 minutes.
Granted, no order as to costs
2000-02-08 Submission of motion for additional time to present oral argument, Ia
2000-02-07 Notice of appearance, (télécopieur) Attorney General of Quebec
2000-02-07 Response to the motion for additional time to present oral argument, (Letter Form), from M. thomson dated Feb. 3, 2000 (fax copy), Completed on: 2000-02-07 Winnipeg Child and Family Services
2000-02-07 Motion for additional time to present oral argument, (to transfer 15 min. of the respondent oral argument) - 1 copy, Completed on: 2000-02-07 Attorney General of Manitoba
2000-02-04 Intervener's factum, (extension of time requested), Completed on: 2000-02-08 Attorney General of Quebec
2000-01-11 Order on motion to adduce new evidence
2000-01-06 Notice of hearing K.L.W.
2000-01-05 Response to motion to extend time, (Letter Form), from M. Thomson dated Jan. 4, 2000 (fax copy) re: does not wish to take any position regarding the motion by A.G. B.C., Completed on: 2000-01-05 Winnipeg Child and Family Services
1999-12-29 Decision on motion to extend time, DeRg, to serve & file the factum & book of authorities of the intervener A.G. - B.C. to Dec. 17/99.
Granted, no order as to costs
1999-12-29 Submission of motion to extend time, by A.G. - B.C., DeRg
1999-12-20 Order on motion to extend time
1999-12-20 Decision on motion to extend time, Reg, to serve & file the factum and book of authorities of the intervener Attorney General of Manitoba to Dec. 15/99.
Granted, no order as to costs
1999-12-20 Submission of motion to extend time, by A.G. - Man., Reg
1999-12-17 Motion to extend time, to file the factum and authorities to Dec. 17, 1999 - 1 copy, Completed on: 1999-12-17 Attorney General of British Columbia
1999-12-17 Intervener's factum, Completed on: 1999-12-17 Attorney General of British Columbia
1999-12-17 Book of authorities, Completed on: 1999-12-17 Attorney General of British Columbia
1999-12-16 Response to motion to extend time, Completed on: 1999-12-16 K.L.W.
1999-12-16 Motion to extend time, to file the factum and authorities to Dec. 15, 1999 - 1 copy, Completed on: 1999-12-16 Attorney General of Manitoba
1999-12-15 Book of authorities, Completed on: 1999-12-15 Attorney General of Manitoba
1999-12-15 Intervener's factum, Completed on: 1999-12-15 Attorney General of Manitoba
1999-12-14 Appeal hearing scheduled, 2000-02-25
Judgment reserved
1999-11-02 Decision on motion to adduce new evidence, L'HD, by permitting the respondent to admit as fresh evidence the reasons of Mr. Justice Stefanson dated April 14/99.
Granted, no order as to costs
1999-11-02 Submission of motion to adduce new evidence, L'HD
1999-11-02 Decision on motion to extend time, Reg, to serve & file the respondent's factum to Oct. 1/99 and its book of authorities to Oct. 8/99.
Granted, no order as to costs
1999-11-02 Submission of motion to extend time, Reg
1999-10-21 Motion to adduce new evidence, (as the reasons for decision of Mr. Justice Stfanson), Completed on: 1999-10-21 Winnipeg Child and Family Services
1999-10-21 Motion to extend time, to file the factum to Oct. 1 and authorities to Oct. 8 - 1 copy, Completed on: 1999-10-26 Winnipeg Child and Family Services
1999-10-08 Respondent's book of authorities, (extension of time requested), Completed on: 1999-10-08 Winnipeg Child and Family Services
1999-10-07 Response to motion to extend time, (Letter Form), from N. Cuddy (by fax) re: do not oppose Appellant's extension, Completed on: 1999-10-07 Winnipeg Child and Family Services
1999-10-07 Order on motion to extend time
1999-10-07 Decision on motion to extend time, Reg, to serve & file the appellant's record & factum to June 23/99 and its book of authorities to June 25/99.
Granted, no order as to costs
1999-10-07 Submission of motion to extend time, Reg
1999-10-01 Respondent's factum, (extension of time requested), Completed on: 1999-10-01 Winnipeg Child and Family Services
1999-09-28 Motion to extend time, to file the factum and record to June 23, 1999 and authorities to June 25, 1999 - 1 copy ($50.00 requested)($50.00 paid on October 6, 1999), Completed on: 1999-10-06 K.L.W.
1999-08-18 Appeal perfected for hearing, Session beginning on 2000-01-17
1999-08-13 Respondent's record, vol. I to III, Completed on: 1999-08-13 Winnipeg Child and Family Services
1999-06-25 Appellant's book of authorities, extension of time requested, Completed on: 1999-06-25 K.L.W.
1999-06-23 Appellant's record, vols. 1 to 3 (extension of time requested), Completed on: 1999-06-23 K.L.W.
1999-06-23 Appellant's factum, (extension of time requested - EVB), Completed on: 1999-06-23 K.L.W.
1999-06-14 Notice of intervention respecting a constitutional question Attorney General of Alberta
1999-06-14 Notice of intervention respecting a constitutional question Attorney General of Quebec
1999-06-04 Notice of intervention respecting a constitutional question Attorney General of British Columbia
1999-05-19 Notice of intervention respecting a constitutional question Attorney General of Manitoba
1999-05-17 Notice of constitutional question(s) K.L.W.
1999-05-17 Order on motion to state a constitutional question
1999-05-04 Decision on the motion to state a constitutional question, CJ, The motion by the appellant for an order stating Constitutional Questions is granted. Notices of intention to intervene are to be filed no later than June 14/99. (for questions see long judgment)
Granted, no order as to costs
1999-03-12 Submission of motion to state a constitutional question, CJ
1999-03-11 Notice of deposit for security K.L.W.
1999-03-11 Reply to the motion to state a constitutional question, (Letter Form), H. Brown dated March 11, 1999 (fax copy), Completed on: 1999-03-11 K.L.W.
1999-02-08 Response to the motion to state a constitutional question, (Letter Form), from Wolch, Pinx (fax copy), Completed on: 1999-02-08 Winnipeg Child and Family Services
1999-01-21 Motion to state a constitutional question, (joint with motion for extension of time), Completed on: 1999-01-21 K.L.W.
1998-10-30 Correspondence (sent by the Court) to, sent to DownTown Legal Action enclosing copy of Rule 32
1998-10-30 Correspondence (sent by the Court) to, sent to Wolch, Pinx, Tapper, Scurfield enclosing copy of Rule 32
1998-10-30 Order granting leave to appeal
1998-10-27 Proof of service, of the notice of appeal
1998-10-26 Notice of appeal, (Security Deposit and Fee paid March 8/99), Completed on: 1998-10-26 K.L.W.
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, L'HD G Ba, 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, L'HD G Ba
1998-08-28 Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1998-08-28 Winnipeg Child and Family Services
1998-08-14 Correspondence received from, sent to DownTown Legal Action and Wolch Pinx Tapper Scurfield re: receipt of material commencing a proceeding together with filing fee
1998-08-10 $50.00 filing fee, receipt #30953 K.L.W.
1998-08-10 Application for leave to appeal, 5 copies, with service, Completed on: 1998-08-10 K.L.W.

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
K.L.W. Applicant Active

v.

Main parties - Respondents
Name Role Status
Winnipeg Child and Family Services Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Manitoba Intervener Active
Attorney General of British Columbia Intervener Active
Attorney General of Quebec Intervener Active

Counsel

Party: K.L.W.

Counsel
R. Ian Histed
DownTown Legal Action
586 Broadway
Winnipeg, Manitoba
R3C 0W5
Telephone: (204) 779-5741
FAX: (204) 772-4827
Email: downtownlegal@shaw.ca
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
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: Winnipeg Child and Family Services

Counsel
Norm Cuddy
Michael Thomson
Myfanway Bowman
Tapper Cuddy
1000 - 330 St. Mary Avenue
Winnipeg, Manitoba
R3C 3Z5
Telephone: (204) 944-8777
FAX: (204) 947-2593
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Attorney General of Manitoba

Counsel
Shawn Greenberg
Attorney General of Manitoba
1205 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-0718
FAX: (204) 945-0053
Email: sgreenberg@jus.gov.mb.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Attorney General of British Columbia

Counsel
George H. Copley, Q.C.
Jennifer Button
Attorney General of British Columbia
6th Floor, 1001 Douglas Street
Victoria, British Columbia
V8X 1X4
Telephone: (250) 356-8875
FAX: (250) 356-9154
Email: george.copley@gems4.gov.bc.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Attorney General of Quebec

Counsel
Gilles Laporte
Dominique A. Jobin
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
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com

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

May 6, 1997
Court of Queen’s Bench of Manitoba

CP 93-01-05907

Action dismissed
May 13, 1998
Court of Appeal of Manitoba

AH 97-30-03464

Appeal dismissed

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