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27109

J.C. v. Her Majesty the Queen, et al.

(Ontario) (Criminal) (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)
2001-04-05 Appeal closed
2001-04-04 Formal judgment sent to the registrar of the court of appeal and all parties
2001-04-03 Formal judgment sent to the registrar of the court of appeal and all parties
2001-03-20 Copy of formal judgment being prepared
2001-03-06 Notice of deposit of judgment sent to all parties
2001-03-02 Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal is allowed and the order for production by Hawkins J. is set aside.
Allowed, no order as to costs
2000-11-21 Appellant's book of authorities, (1 supplemental authority) consent from all parties filed Nov. 20/00 (sent to panel Nov. 22/2000), Completed on: 2000-11-21 J.C.
2000-10-16 Transcript received, (94 pages)
2000-10-05 Hearing of the appeal, 2000-10-05, CJ L'HD G Ia Ma Ba Bi Arb LeB
Judgment reserved
2000-10-05 Supplemental document, condensed book of the intervener (distributed in Court) Criminal Lawyers' Association (Ontario)
2000-10-05 Acknowledgement and consent for video taping of proceedings
2000-10-04 General proceeding, corrected pages 21 & 22 of the appellant's factum J.C.
2000-10-02 Notice of appearance, of Leslie Pringle and Steven Skurka at the hearing of the appeal Criminal Lawyers' Association (Ontario)
2000-10-02 Correspondence (sent by the Court) to, all parties; re: Mr. Justice Iacobucci will hear the appeal by viewing the videotape of the proceedings at a later date
2000-09-29 Notice of appearance, of Maureen Forestell and Samantha Peeris at the hearing of the appeal David Edward McClure
2000-09-27 Notice of appearance, of Anthony Moustacalis for the appellant and John Rosen for Advocate's Society at the hearing of the appeal J.C.
2000-09-08 Notice of hearing J.C.
2000-09-01 Appeal hearing scheduled, 2000-10-05
Judgment reserved
2000-08-17 Order on motion to extend time
2000-08-16 Order on miscellaneous motion
2000-08-16 Decision on miscellaneous motion, Reg, by the intervener The Advocates' Society for permission to file a record.
Granted, no order as to costs
2000-08-16 Submission of miscellaneous motion, Reg
2000-08-15 Response to miscellaneous motion, (Letter Form), from Burke-Robertson dated Aug. 15, 2000 (fax copy), Completed on: 2000-08-15 Her Majesty the Queen
2000-08-14 Response to miscellaneous motion, (to file a record) (fax copy), Completed on: 2000-08-14 David Edward McClure
2000-08-09 Decision on motion to extend time, Reg, to serve & file the respondent Crown's book of authorities to May 18, 2000.
Granted, no order as to costs
2000-08-09 Submission of motion to extend time, Reg
2000-08-01 Response to miscellaneous motion, (fax copy)(consent from J.C. and Criminal Lawyers' Ass.), Completed on: 2000-08-01 J.C.
2000-08-01 Notice of miscellaneous motion, (to file a record) - 2 copies, Completed on: 2000-08-01 Advocates' Society (the "Society")
2000-08-01 Supplemental document, (intervener's record) Advocates' Society (the "Society")
2000-07-28 Intervener's factum, (see order dated July 21, 2000), Completed on: 2000-07-28 Advocates' Society (the "Society")
2000-07-24 Motion to extend time, to file the authorities to May 18, 2000 - 1 copy, Completed on: 2000-07-24 Her Majesty the Queen
2000-07-21 Order on motion to extend time
2000-07-21 Decision on motion to extend time, Reg, to serve and file the factum and book of authorities of the intervener The Advocates' Society to July 31, 2000.
Granted, no order as to costs
2000-07-21 Submission of motion to extend time, Reg
2000-07-20 Response to motion to extend time, Completed on: 2000-07-20 Criminal Lawyers' Association (Ontario)
2000-07-20 Response to motion to extend time, Completed on: 2000-07-20 David Edward McClure
2000-07-20 Response to motion to extend time, Completed on: 2000-07-20 Her Majesty the Queen
2000-07-20 Response to motion to extend time, (fax copy), Completed on: 2000-07-20 J.C.
2000-07-20 Motion to extend time, to file the factum and authorities to July 31, 2000 - 1 copy, Completed on: 2000-07-20 Advocates' Society (the "Society")
2000-07-05 Book of authorities, Completed on: 2000-07-05 Criminal Lawyers' Association (Ontario)
2000-07-05 Intervener's factum, Completed on: 2000-07-05 Criminal Lawyers' Association (Ontario)
2000-06-05 Respondent's book of authorities, Completed on: 2000-06-05 David Edward McClure
2000-06-05 Respondent's record, Completed on: 2000-06-05 David Edward McClure
2000-06-05 Respondent's factum, (see decision of Apr. 25/00), Completed on: 2000-06-05 David Edward McClure
2000-05-18 Respondent's book of authorities, Vol. I to III (extension of time requested), Completed on: 2000-05-18 Her Majesty the Queen
2000-05-09 Respondent's factum, (see decision of Apr. 25/00), Completed on: 2000-05-09 Her Majesty the Queen
2000-04-28 Order on motion to extend time
2000-04-25 Decision on motion to extend time, DeRg, to serve & file the factum, record and book of authorities of the respondent McClure to June 5, 2000.
Granted, no order as to costs
2000-04-25 Decision on motion to extend time, DeRg, to serve & file the factum and book of authorities of the respondent Crown to May 9, 2000
Granted, no order as to costs
2000-04-25 Submission of motion to extend time, by the Crown & McClure, DeRg
2000-04-20 Appeal perfected for hearing, Session beginning on 2000-10-02
2000-04-19 Response to motion to extend time, (consent by the Appellant, Respondent, McClure, Intervener, Advocates' Soc., Criminal Lawyers' Ass.)(fax copy), Completed on: 2000-04-19 J.C.
2000-04-19 Motion to extend time, (to file to factum and authorities to May 9, 2000) - 1 copy, Completed on: 2000-04-19 Her Majesty the Queen
2000-04-18 Response to motion to extend time, (consent also by thed Appellant, intervener, Criminal Lawyers', intervener, Advocates' Soc.), Completed on: 2000-04-18 Her Majesty the Queen
2000-04-18 Motion to extend time, (to file the factum, record and authorities to June 5, 2000) - 2 copies, Completed on: 2000-04-18 David Edward McClure
2000-04-18 Notice of change of counsel, to Maureen Forestell David Edward McClure
2000-03-17 Correspondence received from, E.A. Hundert dated March 17/00 (by fax) re: change of solicitor - same firm David Edward McClure
2000-03-17 Order on motion to extend time
2000-03-17 Decision on motion to extend time, Ma, to serve & file the appellant's record & authorities to Feb. 29, 2000, nunc pro tunc.
Granted, no order as to costs
2000-03-17 Submission of motion to extend time, Ma
2000-03-07 Motion to extend time, to file the appellant's record and authorities to Feb. 29, 2000- 1 copy, Completed on: 2000-03-07 J.C.
2000-03-06 Order on motion to extend time
2000-03-02 Decision on motion to extend time, Ma, to serve & file the appellant's factum to Feb. 24, 2000.
Granted, no order as to costs
2000-03-02 Submission of motion to extend time, Ma
2000-02-29 Appellant's book of authorities, Completed on: 2000-02-29 J.C.
2000-02-28 Appellant's record, Completed on: 2000-03-08 J.C.
2000-02-24 Appellant's factum, (returned for corrections - back from corrections and re-served Feb. 28/00), Completed on: 2000-02-24 J.C.
2000-02-11 Response to motion to extend time, (fax copy), Completed on: 2000-02-11 Her Majesty the Queen
2000-02-11 Response to motion to extend time, (fax copy), Completed on: 2000-02-11 David Edward McClure
2000-02-11 Motion to extend time, to file the factum, record and authorities to Feb. 21, 2000 (1 copy), Completed on: 2000-02-11 J.C.
2000-01-11 Registrar's notice to dismiss the appeal as abandoned sent to parties, Sent Registered Mail
1999-10-27 Order on motion for leave to intervene, (by the Court)
1999-10-27 Decision on the motion for leave to intervene, Arb, and extension of time by the Criminal Lawyers' Assocation. The factum is limited to 20 pages & oral argument to 15 minutes. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record apart from their factums and oral submissions. Pursuant to Rule 18(6) the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the interventions.
Granted, no order as to costs
1999-10-27 Decision on the motion for leave to intervene, Arb, and extension of time by the Advocates' Society. The factum is limited to 20 pages & oral argument to 15 minutes. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record apart from their factums and oral submissions. Pursuant to Rule 18(6) the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the interventions.
Granted, no order as to costs
1999-10-27 Submission of motion for leave to intervene, by Advocates' Society & Criminal Lawyers' Ass., Arb
1999-10-20 Correspondence received from, C. Bartlett-Hughes dated Oct. 19/99 re: Status of the Crown Her Majesty the Queen
1999-10-08 Motion for leave to intervene, joint with extension of time (3 copies - book form), Completed on: 1999-10-08 Criminal Lawyers' Association (Ontario)
1999-10-07 Response to the motion for leave to intervene, from L. Paine dated Oct. 7/99 (by fax) re: supports motion to intervene by Criminal Lawyers' Assoc. (Ont.), Completed on: 1999-10-07 David Edward McClure
1999-09-21 Response to the motion for leave to intervene, (Letter Form), from L. Paine dated Sept. 20, 1999 (fax copy), Completed on: 1999-09-21 David Edward McClure
1999-09-21 Correspondence received from, L. Paine dated Sept. 20, 1999 (fax copy) re: may be appropriate to seek to convert the Crown's status to that of an intervener David Edward McClure
1999-09-13 Correspondence received, from L. Pringle on behalf of the Criminal Lawyers' Ass. dated Sept. 13, 1999 (fax copy) re: intends to intervene in this appeal and will be filing his material within 3 weeks (original received on Sept. 16, 1999)
1999-08-10 Response to the motion for leave to intervene, (Letter Form), by A. Moustacalis dated Aug. 4/99, Completed on: 1999-08-10 J.C.
1999-08-09 Response to the motion for leave to intervene, (Letter Form), by S. Chapman dated Aug. 3/99, Completed on: 1999-08-09 Her Majesty the Queen
1999-07-27 Motion for leave to intervene, book form (joint with extension of time), Completed on: 1999-07-27 Advocates' Society (the "Society")
1999-05-07 Letter acknowledging receipt of notice of appeal
1999-05-05 Order granting leave to appeal
1999-05-04 Notice of appeal, Completed on: 1999-05-04 J.C.
1999-04-23 Notice of deposit of judgment issued to all parties
1999-04-22 Judgment of the Court on the application for leave to appeal, The application for extension of time and the application for leave to appeal are granted.
Granted, no order as to costs
1999-04-16 Order on motion to extend time, to serve & file the respondent, Her Majesty The Queen's response to Mar. 30/99.
1999-04-14 Decision on motion to extend time, to serve & file the respondent, Her Majesty The Queen's response to Mar. 30/99., Reg
Granted, no order as to costs
1999-04-14 Submission of motion to extend time, Reg
1999-04-09 Correspondence received from, H. Brown dated April 9, 1999 re: stay of the order of Hawkins J. - sent to the panel on April 12, 1999 J.C.
1999-04-06 All materials on application for leave submitted to the Judges, CJ McL Ia
1999-03-30 Response to motion to extend time, (letter from L. Paine dated March 30, 1999 - fax copy)(will not be filing any formal response to the motion), Completed on: 1999-03-30 David Edward McClure
1999-03-30 Respondent's response on the application for leave to appeal, Completed on: 1999-03-30 Her Majesty the Queen
1999-03-30 Motion to extend time, to file the respondent's response to March 30/99, Completed on: 1999-03-30 Her Majesty the Queen
1999-03-02 General proceeding, new page 15 of the respondent's response David Edward McClure
1999-03-01 Respondent's response on the application for leave to appeal, (costs on a solicitor-client basis requested and should leave be granted appointment of counsel on the appeal), Completed on: 1999-03-01 David Edward McClure
1999-02-11 Letter acknowledging receipt of a complete application for leave to appeal
1999-01-28 Application for leave to appeal, (from Ontario Court - General Division) P.S. publication ban at page 10 of leave book, Completed on: 1999-01-28 J.C.

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
J.C. Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active
McClure, David Edward Respondent Active

Other parties

Other parties
Name Role Status
Advocates' Society (the "Society") Intervener Active
Criminal Lawyers' Association (Ontario) Intervener Active

Counsel

Party: J.C.

Counsel
Names
Anthony Moustacalis
Daniel Lawson
Contact information
1000 - 121 Richmond St. W.
Toronto, Ontario
M5H 2K1
Telephone: (416) 363-2656
FAX: (416) 363-4920
Email: anthonyem@msn.com
Agent
Name
Brian A. Crane, Q.C.
Contact information
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: Her Majesty the Queen

Counsel
Name
Christine Bartlett-Hughes
Contact information
Attorney General of Ontario
Crown Law Office - Criminal
10th Floor - 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2351
FAX: (416) 326-4656
Email: christine.bartlett-hughes@jus.gov.on.ca
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: McClure, David Edward

Counsel
Names
Maureen Forestell
Samantha G. Peeris
Contact information
11 Prince Arthur Avenue
Toronto, Ontario
M5R 1B2
Telephone: (416) 924-9119
FAX: (416) 964-5821
Agent
Name
James Foord
Contact information
Bayne, Sellar, Boxall
500 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 236-0535
FAX: (613) 236-6958

Party: Advocates' Society (the "Society")

Counsel
Name
John M. Rosen
Contact information
Rosen Wasser
150 King Street West
Suite 2512
Toronto, Ontario
M5H 1J9
Telephone: (416) 205-9700
FAX: (416) 205-9970
Agent
Name
Brian A. Crane, Q.C.
Contact information
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: Criminal Lawyers' Association (Ontario)

Counsel
Names
Leslie Pringle
Steven Skurka
Contact information
Skurka & Pringle
11 King Street West
Suite 1100
Toronto, Ontario
M5H 1A3
Telephone: (416) 214-1651
FAX: (416) 214-4782
Agent
Name
Heather Perkins-McVey
Contact information
Smith, Lyons
150 Metcalfe Street
Suite 2300
Ottawa, Ontario
K2P 1P1
Telephone: (613) 230-3988
FAX: (613) 230-7085

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

December 4, 1998
Ontario Court of Justice (General Division)

97-CV- 124920

Application by Respondent McClure granted; order compelling production of the Applicant's civil litigation file to the Respondent

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

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

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

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Webcasts

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Date modified: 2025-05-13