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27363

Ontario English Catholic Teachers' Association, et al. v. Attorney General for Ontario, et al.

(Ontario) (Civil) (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)
2002-09-09 Approved order for payment out, (Sent to Finance, Sept. 11, 2002)
2001-04-24 Record returned to the Registrar of the Court of Appeal
2001-04-11 Appeal closed
2001-04-09 Formal judgment sent to the registrar of the court of appeal and all parties
2001-03-20 Copy of formal judgment being prepared
2001-03-09 Notice of deposit of judgment sent to all parties
2001-03-08 Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal is dismissed and the constitutional questions are answered as follows: (See long).

Dismissed, no order as to costs
2000-11-20 Transcript received, (132 pages)
2000-11-08 Acknowledgement and consent for video taping of proceedings
2000-11-08 Hearing of the appeal, 2000-11-08, (V081-082), CJ L'HD G Ia Ma Ba Bi Arb LeB
Judgment reserved
2000-11-07 Respondent's condensed book Attorney General for Ontario
2000-11-07 Supplemental document, (condensed book) Attorney General of Alberta
2000-11-07 Appellant's condensed book Ontario English Catholic Teachers' Association
2000-11-06 Notice of appearance, (Letter Form), from Gowlings Attorney General of Alberta
2000-11-03 Appellant's condensed book Ontario Public School Boards' Association
2000-11-01 Correspondence received from, E. Szach dated Oct. 31, 2000 re: enclosing copy of "proposed constitutional amendments arising out of the Charlottetown Accord") (sent to the panel on Nov. 2, 2000) Attorney General of Manitoba
2000-10-31 Notice of appearance, (fax copy) Ontario English Catholic Teachers' Association
2000-10-27 Notice of appearance, (Letter Form), from D. Gibson dated Oct. 27, 2000 (fax copy) Public School Boards' Association of Alberta, the Board of Trustees of the Edmonton School District no. 7 and Cathryn Staring Parrish
2000-10-24 Notice of appearance, (Letter Form), de S. Roussel en date du 23 octobre 2000 (télécopieur) Attorney General of Quebec
2000-10-02 Notice of change of counsel, from Genest, Murray to Heenan, Blaikie Association franco-ontarienne des conseils scolaires catholiques ("AFOCSC")
2000-09-26 Book of authorities, Completed on: 2000-09-26 Attorney General of Manitoba
2000-09-26 Intervener's factum, (see Order dated Aug. 10/00), Completed on: 2000-09-26 Attorney General of Manitoba
2000-09-26 Notice of change of counsel, (Dale Gibson has merged with law firm of Ackroyd, Piasta, Roth & Day) Public School Boards' Association of Alberta, the Board of Trustees of the Edmonton School District no. 7 and Cathryn Staring Parrish
2000-09-20 Correspondence received from, D. Brown dated Sept. 20, 2000 (fax copy) re: clarification of Mr. Justice Major's order Ontario English Catholic Teachers' Association
2000-09-20 Correspondence received from, P. Wilson dated Sept. 20, 2000 re: clarification of the allotted time for oral argument Ontario Public School Boards' Association
2000-09-14 Order on motion for additional time to present oral argument, (by the Court)
2000-09-14 Decision on motion for additional time to present oral argument, of OECTA and OPSCA, Ma
Dismissed, no order as to costs
2000-09-12 Submission of motion for additional time to present oral argument, Ma
2000-09-05 Book of authorities, Completed on: 2000-09-05 Public School Boards' Association of Alberta, the Board of Trustees of the Edmonton School District no. 7 and Cathryn Staring Parrish
2000-09-05 Intervener's factum, (see Order dated Aug. 8/00), Completed on: 2000-09-05 Public School Boards' Association of Alberta, the Board of Trustees of the Edmonton School District no. 7 and Cathryn Staring Parrish
2000-09-05 Reply to the motion for additional time to present oral argument, (Letter Form), from F. Faraday dated Sept. 5, 2000 (fax copy), Completed on: 2000-09-05 Ontario English Catholic Teachers' Association
2000-09-01 Motion for additional time to present oral argument, (alloting 2 hours)(book form), Completed on: 2000-09-06 Ontario Public School Boards' Association
2000-09-01 Appeal hearing scheduled, 2000-11-08
Judgment reserved
2000-08-30 Response to the motion for additional time to present oral argument, (Letter Form), letter(by fax) from Michel Y. Hélie dated August 30/00 re: does not oppose providing same amount is accorded to A.G. Ont. (original received on Sept. 6, 2000), Completed on: 2000-08-30 Attorney General for Ontario
2000-08-30 Motion for additional time to present oral argument, to 1 1/2 hour (2 copies-bookform), Completed on: 2000-08-30 Ontario English Catholic Teachers' Association
2000-08-29 Decision on motion to extend time, DeRg, to serve & file the factum of the intervener Ontario Catholic School Trustees' Association to Aug. 15, 2000.
Granted, no order as to costs
2000-08-29 Submission of motion to extend time, DeRg
2000-08-24 Correspondence received from, Brian A. Kelsey, Q.C. (by fax) re: will be bringing a motion for oral argument Toronto District School Board,
2000-08-15 Motion to extend time, to file the factum to Aug. 15, 2000 (2 copies - book form), Completed on: 2000-08-15 Ontario Catholic School Trustees' Association
2000-08-15 Book of authorities, Completed on: 2000-08-15 Ontario Catholic School Trustees' Association
2000-08-15 Intervener's factum, (original received Aug. 18/00 - 25 copies), Completed on: 2000-08-15 Ontario Catholic School Trustees' Association
2000-08-11 Response to motion to extend time, (from Nelligan & Power) re: motion by A.G. Manitoba, Completed on: 2000-08-11 Ontario English Catholic Teachers' Association
2000-08-11 Order on motion to extend time
2000-08-10 Order on motion to extend time
2000-08-10 Decision on motion to extend time, Reg, to serve & file the respondent's factum and record to May 25, 2000, and book of authorities to June 14, 2000.
Granted, no order as to costs
2000-08-10 Decision on motion to extend time, Reg, to serve & file the factum and book of authorities of the interveners AFOCSC and ACEPO to July 12, 2000.
Granted, no order as to costs
2000-08-10 Decision on motion to extend time, Reg, to serve & file the factum and book of authorities of the intervener Attorney General of Manitoba to Sept. 26, 2000.
Granted, no order as to costs
2000-08-10 Submission of motion to extend time, by A.G. - Man., AFOCSC, ACEPO & respondent, Reg
2000-08-08 Order on motion for leave to intervene, (by the Court)
2000-08-08 Decision on the motion for leave to intervene, LeB, and extension of time by PUBLIC SCHOOL BOARDS ASSOCIATION OF ALBERTA, THE BOARD OF TRUSTEES OF THE EDMONTON SCHOOL DISTRICT NO. 7 AND CATHRYN STARING PARRISH. The applicants shall entitled to serve and file a factum not to exceed 20 pages in length no later than Sept. 4, 2000, and to present oral argument not to exceed 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 appellants and respondent any additional disbursements occasioned to the appellants and respondent by the interventions.
Granted, no order as to costs
2000-08-08 Decision on the motion for leave to intervene, LeB, and extension of time by ESTEVAN SCHOOL DIVISION NO. 95. The applicant shall be included as part of the group of Saskatchewan Public Boards' that was granted leave to intervene on May 19, 2000. The applicant will be represented by the same counsel as the other Saskatchewan Public Boards' and will participate in the appeal only as part of that group. It will not make separate submissions or representations to the Court. 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 appellants and respondent any additional disbursements occasioned to the appellants and respondent by the interventions.
Granted, no order as to costs
2000-08-08 Submission of motion for leave to intervene, by Estevan & PSBAA, LeB
2000-08-08 Response to motion to extend time, Completed on: 2000-08-08 Attorney General for Ontario
2000-08-03 Reply to the motion for leave to intervene, (Letter Form), from D. Gibson dated Aug. 3, 2000 (fax copy)(original received on Aug. 9, 2000), Completed on: 2000-08-03 Public School Boards' Association of Alberta, the Board of Trustees of the Edmonton School District no. 7 and Cathryn Staring Parrish
2000-08-02 Response to motion to extend time, (Letter Form), from M. Green dated Aug. 2, 2000 (fax copy) re: joint consent with the motion by Estevan School Board, et al, Completed on: 2000-08-02 Ontario Public School Boards' Association
2000-08-01 Motion to extend time, (to file the factum and authorities to Sept. 26, 2000) - 1 copy, Completed on: 2000-08-01 Attorney General of Manitoba
2000-07-28 Response to the motion for leave to intervene, (Letter Form), R. Charney dated July 28, 2000 (fax copy) re: takes no position with regard to the motion to intervene by Estevan School, Completed on: 2000-07-28 Attorney General for Ontario
2000-07-21 Book of authorities, (see order of June 30/00), Completed on: 2000-07-21 Attorney General of Alberta
2000-07-21 Intervener's factum, (see order of June 30/00), Completed on: 2000-07-21 Attorney General of Alberta
2000-07-13 Book of authorities, Completed on: 2000-07-13 Attorney General of British Columbia
2000-07-13 Intervener's factum, (A.G.B.C. was served with OECTA's factum on June 14, 2000), Completed on: 2000-07-13 Attorney General of British Columbia
2000-07-12 Book of authorities, Completed on: 2000-07-12 Association des conseillers(ères) des écoles publiques de l'Ontario ("ACÉPO")
2000-07-12 Intervener's factum, Completed on: 2000-07-12 Association des conseillers(ères) des écoles publiques de l'Ontario ("ACÉPO")
2000-07-12 Motion to extend time, (pour produire et signifier le factum au 12 juillet 2000) - 2 copies - format livre, Completed on: 2000-07-12 Association des conseillers(ères) des écoles publiques de l'Ontario ("ACÉPO")
2000-07-10 Response to the motion for leave to intervene, (Letter Form), from R. Charney dated July 7, 2000 (fax copy), Completed on: 2000-07-10 Attorney General for Ontario
2000-07-07 Order on motion to extend time
2000-07-05 Response to the motion for leave to intervene, (Letter Form), from F. Faraday dated July 5, 2000 (fax copy) re: does not object to the motion to intervene by P.S.B.A.A., Completed on: 2000-07-05 Ontario English Catholic Teachers' Association
2000-07-05 Motion to extend time, to intervene to July 5, 2000 (joint with motion to intervene), Completed on: 2000-07-05 Public School Boards' Association of Alberta, the Board of Trustees of the Edmonton School District no. 7 and Cathryn Staring Parrish
2000-07-05 Motion for leave to intervene, (joint with extension of time) - book form, Completed on: 2000-07-05 Public School Boards' Association of Alberta, the Board of Trustees of the Edmonton School District no. 7 and Cathryn Staring Parrish
2000-07-04 Response to the motion for leave to intervene, (Letter Form), from F. Faraday dated July 4, 2000 (fax copy) re: does not object to the motion to intervene by Estevan School District no. 95, Completed on: 2000-07-04 Ontario English Catholic Teachers' Association
2000-06-30 Decision on motion to extend time, DeRg, to serve & file the factum of the intervener A.G. - Alberta to July 21, 2000
Granted, no order as to costs
2000-06-30 Submission of motion to extend time, by A.G. - Alberta, DeRg
2000-06-28 Response to motion to extend time, (Letter Form), from F. Faraday dated June 28, 2000 (fax copy) re: does not object to the extension by A.G. Ontario, Completed on: 2000-06-28 Ontario English Catholic Teachers' Association
2000-06-28 Motion for leave to intervene, and to file a joint factum with the Boards of Education of Regina School Division no. 4 of Sask., et al, Completed on: 2000-06-29 Estevan School Division No. 95
2000-06-27 Motion to extend time, (Letter Form), to serve and file the Factum and Record to May 25/00 and the Authorities to June 14/00, Completed on: 2000-06-27 Attorney General for Ontario
2000-06-26 Intervener's factum, Completed on: 2000-06-29 Boards of Education of the Regina School Division No. 4, Saskatchewan Rivers School Division No. 119, Swift Current School Division No. 94, Weyburn School Division No. 97, Yorkton School Division No. 93
2000-06-26 Response to motion to extend time, re: extension by A.G. Alberta (email form), Completed on: 2000-06-26 Attorney General for Ontario
2000-06-23 Response to motion to extend time, (Letter Form), from F. Faraday dated June 23, 2000 (fax copy) re: does not object to the extension by A.G. Alberta (original received June 27/00), Completed on: 2000-06-23 Ontario English Catholic Teachers' Association
2000-06-22 Book of authorities, Incomplete Attorney General of Quebec
2000-06-22 Intervener's factum, Completed on: 2000-06-29 Attorney General of Quebec
2000-06-22 Motion to extend time, to file the factum to July 21, 2000 (1 copy), Completed on: 2000-06-23 Attorney General of Alberta
2000-06-20 Book of authorities, Completed on: 2000-06-20 Alberta Catholic School Trustees' Association
2000-06-20 Intervener's factum, Completed on: 2000-06-20 Alberta Catholic School Trustees' Association
2000-06-14 Respondent's book of authorities, Vol. I and II (extension of time requested), Completed on: 2000-06-14 Attorney General for Ontario
2000-05-25 Respondent's record, (extension of time requested), Completed on: 2000-05-25 Attorney General for Ontario
2000-05-25 Respondent's factum, 90 pages (see Order dated March 7/00) (extension of time requested), Completed on: 2000-05-25 Attorney General for Ontario
2000-05-19 Order on motion for leave to intervene, (by the Court)
2000-05-19 Decision on the motion for leave to intervene, Ia, and extension of time by the BOARDS OF EDUCATION OF THE REGINA SCHOOL DIVISION NO. 4 ET AL. The applicants shall be entitled to file a factum not to exceed 20 pages in length and to present oral argument not to exceed 15 minutes. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record apart from their factum and oral submissions. Pursuant to Rule 18(6) the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by the interventions.
Granted, no order as to costs
2000-05-19 Submission of motion for leave to intervene, Ia
2000-05-08 Reply to the motion for leave to intervene, (Letter Form), from R. Richards dated May 8, 2000 (fax copy)(replying to OPSBA and OECTA), Completed on: 2000-05-08 Boards of Education of the Regina School Division No. 4, Saskatchewan Rivers School Division No. 119, Swift Current School Division No. 94, Weyburn School Division No. 97, Yorkton School Division No. 93
2000-05-08 Appeal perfected for hearing, Session beginning on 2000-10-02
2000-05-04 Response to the motion for leave to intervene, (Letter Form), from K. Collins dated May 4, 2000 (fax copy), Completed on: 2000-05-04 Attorney General for Ontario
2000-05-02 Response to the motion for leave to intervene, from P.J.J. Cavalluzzo and F.C. Faraday dated Apr. 28/00 (book form), Completed on: 2000-05-02 Ontario English Catholic Teachers' Association
2000-05-02 Response to the motion for leave to intervene, (Letter Form), from B.A. Kelsey, Q.C., Completed on: 2000-05-02 Ontario Public School Boards' Association
2000-04-20 Motion for leave to intervene, (book form)(joint with extension of time) - 2 copies, Completed on: 2000-04-26 Boards of Education of the Regina School Division No. 4, Saskatchewan Rivers School Division No. 119, Swift Current School Division No. 94, Weyburn School Division No. 97, Yorkton School Division No. 93
2000-04-14 Appeal court record, (3 boxes)
2000-04-06 Notice of intervention respecting a constitutional question, (see order March 3, 2000) Attorney General of Alberta
2000-04-05 Notice of intervention respecting a constitutional question, (see Order dated March 3/00) Attorney General of Quebec
2000-04-05 Notice of intervention respecting a constitutional question, (see Order dated March 3/00) Attorney General of Manitoba
2000-03-31 Notice of intervention respecting a constitutional question, (see order dated March 3, 2000) Attorney General of British Columbia
2000-03-14 Appellant's book of authorities, Vol. I to IV, Completed on: 2000-03-14 Ontario English Catholic Teachers' Association
2000-03-14 Appellant's factum, Completed on: 2000-03-15 Ontario English Catholic Teachers' Association
2000-03-13 Appellant's book of authorities, Vol. I and II, Completed on: 2000-03-13 Ontario Public School Boards' Association
2000-03-13 Appellant's factum, (see decision March 9/00), Completed on: 2000-03-13 Ontario Public School Boards' Association
2000-03-13 Order on motion to extend time
2000-03-10 Notice of constitutional question(s) Ontario English Catholic Teachers' Association
2000-03-09 Order on motion to state a constitutional question
2000-03-09 Decision on motion to extend time, Reg, to serve & file the appellants OPSBA et al., factum & book of authorities to Mar. 13, 2000.
Granted, no order as to costs
2000-03-09 Submission of motion to extend time, Reg
2000-03-07 Order on motion to file a lengthy factum
2000-03-07 Decision on motion to file a lengthy factum, Ba, The motions are granted in part; the appellants Ontario English Catholic Teachers' Association et al. are allowed to file a factum of no more than 60 pages; the appellants Ontario Public School Boards' Association et al. are allowed to file a factum of no more than 50 pages and the respondent is allowed to file a factum of no more than 90 pages.
Allowed in part, no order as to costs
2000-03-06 Response to motion to extend time, (joint consent with A.G. Ontario) (fax copy), Completed on: 2000-03-06 Ontario English Catholic Teachers' Association
2000-03-06 Motion to extend time, to file the factum and authorities to March 13, 2000, Completed on: 2000-03-06 Ontario Public School Boards' Association
2000-03-06 Submission of motion to file a lengthy factum, Ba
2000-03-03 Decision on the motion to state a constitutional question, CJ, The motion by the appellants for an order stating Constitutional Questions is granted. Notices of intervention are to be filed no later than April 10, 2000. (for questions see long judgment)
Granted, no order as to costs
2000-03-02 Reply to the motion to file a lengthy factum, (Letter Form), letter from Eva Markowski (by fax) dated March 2/00 re: consents to the A.G. for Ontario's request to file an extended factum of 120 pages, Completed on: 2000-03-02 Ontario English Catholic Teachers' Association
2000-03-02 Correspondence received from, Janet Minor (by fax) dated March 2/00 to clarify her letter of Feb. 25/00 (respondent's response) Attorney General for Ontario
2000-03-01 Appellant's record, Vol. I to XI (vol. XII filed March 16/00) (joint record of the appellants), Completed on: 2000-03-15 Ontario English Catholic Teachers' Association
2000-02-25 Response to the motion to file a lengthy factum, from J.E. Minor dated Feb. 25/00 (by fax) re: does not oppose on condition they file a factum of not more 120 pages, Completed on: 2000-02-25 Attorney General for Ontario
2000-02-23 Motion to file a lengthy factum, (not exceeding 70 pages), Completed on: 2000-02-23 Ontario Public School Boards' Association
2000-02-18 Correspondence received from, B. Kelsey dated Feb. 18, 2000 (fax copy) re: will file a motion for a lenghty memorandum by next week Ontario Public School Boards' Association
2000-02-18 Correspondence received from, P. Cavalluzzo dated Feb. 18, 2000 (fax copy) re: OECTA filed a notice of appeal on Nov. 12, 1999, separately from OPSBA (original filed Feb. 24) Ontario English Catholic Teachers' Association
2000-02-17 Motion to file a lengthy factum, (not exceeding 80 pages)(book form), Completed on: 2000-02-17 Ontario English Catholic Teachers' Association
2000-02-03 Correspondence received from, K. P. Feehan dated Feb. 3/00 (by fax) re: requesting amendments to J. Iacobucci's Order Alberta Catholic School Trustees' Association
2000-02-02 Order on motion for leave to intervene, (BY THE COURT - REVISED FEB. 7)
2000-02-02 Decision on the motion for leave to intervene, Ia, by the ASSOCIATION FRANCO-ONTARIENNE DES CONSEILS SCOLAIRES CATHOLIQUES., is granted. 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 appellants and respondent any additional disbursements occasioned to the appellants and respondent by the interventions.
Granted, no order as to costs
2000-02-02 Decision on the motion for leave to intervene, Ia, by the ASSOCIATION DES CONSEILLERS(ERES) DES ECOLES PUBLIQUES DE L'ONTARIO., is granted. 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 appellants and respondent any additional disbursements occasioned to the appellants and respondent by the interventions.
Granted, no order as to costs
2000-02-02 Decision on the motion for leave to intervene, Ia, by the ALBERTA CATHOLIC SCHOOL TRUSTEES ASSOCIATION ET AL., is granted. 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 appellants and respondent any additional disbursements occasioned to the appellants and respondent by the interventions.(revised Feb.7/2000)
Granted, no order as to costs
2000-02-02 Decision on the motion for leave to intervene, Ia, by the ONTARIO CATHOLIC SCHOOL TRUSTEES ASSOCIATION is granted. 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 appellants and respondent any additional disbursements occasioned to the appellants and respondent by the interventions.
Granted, no order as to costs
2000-02-02 Submission of motion for leave to intervene, by the O.C.S.T.A., A.S.T.A. et al., A.C.E.P.O. & A.F.O.C.S.C., Ia
2000-02-01 Response to the motion for leave to intervene, (Letter Form), letter (by fax) dated Jan. 31/00 from Brian A. Kelsey re: does not oppose, Completed on: 2000-01-28 Toronto District School Board,
2000-01-28 Response to the motion for leave to intervene, (Letter Form), letter (by fax) dated Jan. 28/00 from Paul J.J. Cavalluzzo re: does not object (original received on Feb. 2, 2000), Completed on: 2000-01-28 Ontario English Catholic Teachers' Association
2000-01-28 Submission of motion to state a constitutional question, CJ
2000-01-27 Response to the motion to state a constitutional question, Completed on: 2000-01-27 Attorney General for Ontario
2000-01-17 Response to the motion for leave to intervene, (Letter Form), from B. Kelsey dated Jan. 17, 2000 (fax copy) re: does not oppose to the motion filed by Alberta Catholic School, et al, Completed on: 2000-01-17 Toronto District School Board,
2000-01-14 Response to the motion for leave to intervene, (Letter Form), letter dated Jan. 14/00 from Paul J.J. Cavalluzzo, Completed on: 2000-01-14 Ontario English Catholic Teachers' Association
2000-01-10 Motion to state a constitutional question, book form, Completed on: 2000-01-10 Ontario English Catholic Teachers' Association
2000-01-07 Response to the motion for leave to intervene, (Letter Form), from R. Charney dated Jan. 6, 2000 (fax copy)(original received on Jan. 10, 2000), Completed on: 2000-01-07 Attorney General for Ontario
2000-01-05 Response to the motion for leave to intervene, (Letter Form), from Burke-Robertson (fax copy) re: intervention by Ass. franco-ontarienne, Completed on: 2000-01-05 Attorney General for Ontario
1999-12-23 Correspondence received from, P. Rouleau en date du 22 décembre re: McCarthy, Tétrault agira comme correspondant Association des conseillers(ères) des écoles publiques de l'Ontario ("ACÉPO")
1999-12-23 Motion for leave to intervene, book form, Completed on: 1999-12-23 Association des conseillers(ères) des écoles publiques de l'Ontario ("ACÉPO")
1999-12-23 Motion for leave to intervene, book form, Completed on: 1999-12-23 Association franco-ontarienne des conseils scolaires catholiques ("AFOCSC")
1999-12-22 Motion for leave to intervene, book form ($50.00 requested), Completed on: 1999-12-22 Alberta Catholic School Trustees' Association
1999-12-07 Response to the motion for leave to intervene, from Burke-Robertson dated Dec. 7/99, Completed on: 1999-12-07 Attorney General for Ontario
1999-12-06 Motion for leave to intervene, (also, requesting 1 hour oral argument and 40 pages long factum) - 2 copies - book form, Completed on: 1999-12-06 Ontario Catholic School Trustees' Association
1999-11-19 Order on miscellaneous motion
1999-11-19 Decision on the miscellaneous motion, CJ McL Ia, The motion by the appellants for an order that this appeal be heard together with Public School Boards' Assocation of Alberta (26701).
Dismissed, no order as to costs
1999-11-16 Notice of deposit for security, (amended Notice received Nov. 17/99) Ontario English Catholic Teachers' Association
1999-11-16 Letter acknowledging receipt of notice of appeal, sent to CJ McL I Nov. 16/1999.
1999-11-12 Notice of appeal, (security dep. no. 2499) (amended Notice of Appeal filed Nov. 17/99 - Style of cause), Completed on: 1999-11-12 Ontario English Catholic Teachers' Association
1999-11-09 Letter acknowledging receipt of notice of appeal
1999-11-08 Correspondence received from, Paul J.J. Cavalluzzo dated Nov. 8/99 (by fax) re: motion to be heard with 26701 not dealt with by the Court Ontario English Catholic Teachers' Association
1999-11-04 Notice of deposit for security, (See amended Notice of Deposit for Security served and filed Nov. 17/99) Ontario Public School Boards' Association
1999-11-04 Notice of appeal, See amended Notice of Appeal served and filed Nov. 17/99, Completed on: 1999-11-04 Ontario Public School Boards' Association
1999-10-26 Order granting leave to appeal
1999-10-15 Notice of deposit of judgment issued to all parties
1999-10-14 Judgment of the Court on the application for leave to appeal, The applications for leave to appeal are granted.
Granted, no order as to costs
1999-09-30 Submission of miscellaneous motion, to have this appeal heard together with Public School Brd of Alberta (26701), CJ McL Ia
1999-09-30 All materials on application for leave submitted to the Judges, CJ McL Ia
1999-09-27 Correspondence received, from R. Maybank, counsel for the Respondents in 26701, dated Sept. 24, 1999 (fax copy) re: Alberta's position is that the 2 appeals (26701) should be heard together
1999-09-24 Correspondence received, from P. Lauwers, counsel for Ontario Catholic School Trustess' Ass., dated Sept. 23, 1999 (fax copy) re: the Court should not accept OECTA's request that its appeal be consolidated with appeal in 26701
1999-09-24 Response to miscellaneous motion, (Letter Form), B. Kelsey dated Sept. 24, 1999 (fax copy) re: consent to all applications being expedited, Completed on: 1999-09-24 Toronto District School Board,
1999-09-02 Applicant's reply to respondent's argument, (Proof of delivery requested), Completed on: 1999-09-02 Ontario English Catholic Teachers' Association
1999-09-02 Correspondence received, (Letter Form), from J. Redmond dated sept. 2, 1999 (fax copy) re: responding to the motion that if leave granted, to be heard with 26701
1999-08-27 Applicant's reply to respondent's argument, Completed on: 1999-08-27 Ontario Public School Boards' Association
1999-08-23 Respondent's response on the application for leave to appeal, (Response to both applications), Completed on: 1999-08-23 Attorney General for Ontario
1999-08-20 Correspondence received, from J. Redmond of Alberta Catholic School Trustees' Ass. in 26701 re: motion to expedite and/or to combine appeals
1999-06-30 Decision on the miscellaneous motion, Ma, to expedite the application for leave to appeal.
Granted, no order as to costs
1999-06-30 Submission of miscellaneous motion, to expedite the leave application, Ma
1999-06-29 Order on motion to file a lengthy memorandum of argument
1999-06-29 Decision on motion to file a lengthy memorandum of argument, Reg, by the Ontario Public School Boards' Association (namely 40 pages)
Granted, no order as to costs
1999-06-29 Response to miscellaneous motion, (Letter Form), from M. A. Green re: do not oppose the motion to expedite, Completed on: 1999-06-29 Ontario Public School Boards' Association
1999-06-29 Letter acknowledging receipt of a complete application for leave to appeal
1999-06-29 Letter acknowledging receipt of a complete application for leave to appeal
1999-06-28 Submission of motion to file a lengthy memorandum of argument, Reg
1999-06-25 Response to the motion to file a lengthy memorandum of argument, (Letter Form), Completed on: 1999-06-25 Attorney General for Ontario
1999-06-25 Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 1999-06-25 Attorney General for Ontario
1999-06-25 Response to miscellaneous motion, (Letter Form), from J.E. Minor; re: do not oppose the motion to expedite, Completed on: 1999-06-25 Attorney General for Ontario
1999-06-24 Application for leave to appeal, (Second Application), Completed on: 1999-06-29 Ontario Public School Boards' Association
1999-06-21 Notice of miscellaneous motion, if leave granted, to be heard with 26701 (included in leave book, vol. 2), Completed on: 1999-06-21 Ontario English Catholic Teachers' Association
1999-06-21 Application for leave to appeal, (First Application), Completed on: 1999-06-21 Ontario English Catholic Teachers' Association
1999-06-21 Motion to file a lengthy memorandum of argument, (joint with extension of time)(extension of time not needed), Completed on: 1999-06-21 Ontario Public School Boards' Association
1999-06-21 Motion to extend the time to file and or serve the application for leave to appeal, to July 12/99 joint (joint with motion for lengthy memorandum,40 pages), Completed on: 1999-06-21 Ontario Public School Boards' Association
1999-06-21 Notice of miscellaneous motion, TO EXPEDITE THE LEAVE APPLICATION, Completed on: 1999-06-21 Ontario English Catholic Teachers' Association

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
Ontario English Catholic Teachers' Association Appellant Active
Marshall Jarvis, Claire Ross and Annemarie Ross Appellant Active

v.

Main parties - Respondents
Name Role Status
Attorney General for Ontario Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Ontario Public School Boards' Association Appellant Active
Toronto District School Board, Appellant Active
Ontario Secondary School Teachers' Federation, Appellant Active
Elementary Teachers' Federation of Ontario, Appellant Active
Joleene Kemp, Appellant Active
David Edwards and Robert Churchill Appellant Active

v.

Sub parties (1) - Respondents
Name Role Status
Attorney General for Ontario Respondent Active

Other parties

Other parties
Name Role Status
Ontario Catholic School Trustees' Association Intervener Active
Alberta Catholic School Trustees' Association Intervener Active
Board of Lethbridge Roman Catholic Separate School District No. 9 Intervener Active
Berlando, Dwayne Intervener Active
Association des conseillers(ères) des écoles publiques de l'Ontario ("ACÉPO") Intervener Active
Association franco-ontarienne des conseils scolaires catholiques ("AFOCSC") Intervener Active
Attorney General of British Columbia Intervener Active
Attorney General of Manitoba Intervener Active
Attorney General of Quebec Intervener Active
Attorney General of Alberta Intervener Active
Boards of Education of the Regina School Division No. 4, Saskatchewan Rivers School Division No. 119, Swift Current School Division No. 94, Weyburn School Division No. 97, Yorkton School Division No. 93 Intervener Active
Moose Jaw School Division No. 1, Saskatoon School Division No. 13 (the "Saskatchewan Public Boards") Intervener Active
Estevan School Division No. 95 Intervener Active
Public School Boards' Association of Alberta, the Board of Trustees of the Edmonton School District no. 7 and Cathryn Staring Parrish Intervener Active

Counsel

Party: Ontario English Catholic Teachers' Association

Counsel
Names
Paul J.J. Cavalluzzo
Fay C. Faraday
Contact information
Cavalluzzo Hayes Shilton McIntyre & Cornish
300 - 474 Bathurst Street
Toronto, Ontario
M5T 2S6
Telephone: (416) 964-1115
FAX: (416) 964-5895
Email: pcavalluzzo@cavalluzzo.com
Agent
Name
Dougald E. Brown
Contact information
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca

Party: Marshall Jarvis, Claire Ross and Annemarie Ross

Counsel
Names
Paul J.J. Cavalluzzo
Fay C. Faraday
Contact information
Cavalluzzo Hayes Shilton McIntyre & Cornish
300 - 474 Bathurst Street
Toronto, Ontario
M5T 2S6
Telephone: (416) 964-1115
FAX: (416) 964-5895
Email: pcavalluzzo@cavalluzzo.com
Agent
Name
Dougald E. Brown
Contact information
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca

Party: Ontario Public School Boards' Association

Counsel
Name
Michael A. Hines
Contact information
Hicks Morley Hamilton Stewart Storie LLP
30th Floor, Toronto Dominion Tower
Box 371 TD Centre
Toronto, Ontario
M5K 1K8
Telephone: (416) 864-7248
FAX: (416) 362-9680
Agent
Name
David K. Wilson
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867

Party: Ontario Secondary School Teachers' Federation,

Counsel
Names
Maurice A. Green
Susan M. Ursel
Contact information
Green & Chercover
30 St. Claire Avenue West
10th Floor
Toronto, Ontario
M4V 3A1
Telephone: (416) 968-3333
FAX: (416) 968-0325
Agent
Name
David K. Wilson
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867

Party: Elementary Teachers' Federation of Ontario,

Counsel
Name
Elizabeth J. Shilton
Contact information
Cavalluzzo Hayes Shilton McIntyre & Cornish
300 - 474 Bathurst Street
Toronto, Ontario
M5T 2S6
Telephone: (416) 964-1115
FAX: (416) 964-5895
Agent
Name
David K. Wilson
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867

Party: Joleene Kemp,

Counsel
Name
Michael A. Hines
Contact information
Hicks Morley Hamilton Stewart Storie LLP
30th Floor, Toronto Dominion Tower
Box 371 TD Centre
Toronto, Ontario
M5K 1K8
Telephone: (416) 864-7248
FAX: (416) 362-9680
Agent
Name
David K. Wilson
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867

Party: David Edwards and Robert Churchill

Counsel
Name
Maurice A. Green
Contact information
Green & Chercover
30 St. Claire Avenue West
10th Floor
Toronto, Ontario
M4V 3A1
Telephone: (416) 968-3333
FAX: (416) 968-0325
Agent
Name
David K. Wilson
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867

Party: Toronto District School Board,

Counsel
Name
Brian A. Kelsey, Q.C.
Contact information
77 St. Clair Avenue East
Suite 2004
Toronto, Ontario
M4T 1M5
Telephone: (416) 929-6308
FAX: (416) 929-9180
Email: kelseyqc@globalserve.net
Agent
Name
David K. Wilson
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867

Party: Attorney General for Ontario

Counsel
Names
Janet E. Minor
Robert E. Charney
Michel Y. Hélie
Contact information
Attorney General of Ontario
720, Bay Street
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4137
FAX: (416) 326-4015
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: Ontario Catholic School Trustees' Association

Counsel
Names
Peter D. Lauwers
John C. Murray
Contact information
Miller Thomson
Suite 600, 60 Columbia Way
Markham, Ontario
L3R 0C9
Telephone: (905) 415-6470
FAX: (905) 415-6777
Email: plauwers@millerthomson.ca
Agent
Name
Henry S. Brown, Q.C.
Contact information
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: Alberta Catholic School Trustees' Association

Counsel
Names
James E. Redmond, Q.C.
Kevin P. Feehan
Contact information
Fraser Milner Casgrain LLP
2900, 10180 - 101 Street N.W.
Edmonton, Alberta
T5J 3V5
Telephone: (780) 423-7332
FAX: (780) 423-7276
Email: james.redmond@frasermilner.com
Agent
Name
William T. Houston
Contact information
Fraser Milner Casgrain LLP
1420 - 99 Bank St.
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690

Party: Board of Lethbridge Roman Catholic Separate School District No. 9

Counsel
Names
James E. Redmond, Q.C.
Kevin P. Feehan
Contact information
Fraser Milner Casgrain LLP
2900, 10180 - 101 Street N.W.
Edmonton, Alberta
T5J 3V5
Telephone: (780) 423-7332
FAX: (780) 423-7276
Email: james.redmond@frasermilner.com
Agent
Name
William T. Houston
Contact information
Fraser Milner Casgrain LLP
1420 - 99 Bank St.
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690

Party: Berlando, Dwayne

Counsel
Names
James E. Redmond, Q.C.
Kevin P. Feehan
Contact information
Fraser Milner Casgrain LLP
2900, 10180 - 101 Street N.W.
Edmonton, Alberta
T5J 3V5
Telephone: (780) 423-7332
FAX: (780) 423-7276
Email: james.redmond@frasermilner.com
Agent
Name
William T. Houston
Contact information
Fraser Milner Casgrain LLP
1420 - 99 Bank St.
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690

Party: Association des conseillers(ères) des écoles publiques de l'Ontario ("ACÉPO")

Counsel
Name
Paul S. Rouleau
Contact information
Heenan Blaikie
130 Adelaide Street West, Suite 700
Toronto, Ontario
M5H 4C1
Telephone: (416) 360-2618
FAX: (416) 360-2601
Agent
Name
Colin S. Baxter
Contact information
McCarthy Tétrault LLP
1400 - 40 Elgin Street
Ottawa, Ontario
K1R 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca

Party: Association franco-ontarienne des conseils scolaires catholiques ("AFOCSC")

Counsel
Name
Paul S. Rouleau
Contact information
Heenan Blaikie
130 Adelaide Street West, Suite 700
Toronto, Ontario
M5H 4C1
Telephone: (416) 360-2618
FAX: (416) 360-2601
Agent
Name
Colin S. Baxter
Contact information
McCarthy Tétrault LLP
1400 - 40 Elgin Street
Ottawa, Ontario
K1R 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca

Party: Attorney General of British Columbia

Counsel
Names
George H. Copley, Q.C.
Timothy Leadem
Contact information
Attorney General of British Columbia
6th Floor
1001 Douglas Street
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8875
FAX: (250) 356-9154
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: Attorney General of Manitoba

Counsel
Name
Eugene B. Szach
Contact information
Attorney General of Manitoba
Constitutional Law Branch
1205 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-0679
FAX: (204) 945-0053
Email: eszach@gov.mb.ca
Agent
Name
Henry S. Brown, Q.C.
Contact information
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 Quebec

Counsel
Name
Monique Rousseau
Contact information
Ministère de la Justice du Québec
1200, route de l'Église, 2e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 646-1696
Email: mrousseau@justice.gouv.qc.ca
Agent
Name
Sylvie Roussel
Contact information
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 of Alberta

Counsel
Name
Robert C. Maybank
Contact information
Attorney General of Alberta
9833 - 109 Street
4th Floor
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-0500
FAX: (780) 425-0307
Agent
Name
Henry S. Brown, Q.C.
Contact information
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: Boards of Education of the Regina School Division No. 4, Saskatchewan Rivers School Division No. 119, Swift Current School Division No. 94, Weyburn School Division No. 97, Yorkton School Division No. 93

Counsel
Name
Robert G. Richards, Q.C.
Contact information
MacPherson Leslie & Tyerman
1500 - 1874 Scarth St
Regina, Saskatchewan
S4P 4E9
Telephone: (306) 347-8000
FAX: (306) 352-5250
Agent
Name
Henry S. Brown, Q.C.
Contact information
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: Moose Jaw School Division No. 1, Saskatoon School Division No. 13 (the "Saskatchewan Public Boards")

Counsel
Name
Robert G. Richards, Q.C.
Contact information
MacPherson Leslie & Tyerman
1500 - 1874 Scarth St
Regina, Saskatchewan
S4P 4E9
Telephone: (306) 347-8000
FAX: (306) 352-5250
Agent
Name
Henry S. Brown, Q.C.
Contact information
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: Estevan School Division No. 95

Counsel
Name
Robert G. Richards, Q.C.
Contact information
MacPherson Leslie & Tyerman
1500 - 1874 Scarth St
Regina, Saskatchewan
S4P 4E9
Telephone: (306) 347-8000
FAX: (306) 352-5250
Agent
Name
Henry S. Brown, Q.C.
Contact information
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: Public School Boards' Association of Alberta, the Board of Trustees of the Edmonton School District no. 7 and Cathryn Staring Parrish

Counsel
Names
Dale Gibson
Rangi Jeerakathil
Contact information
Ackroyd, Piasta, Roth & Day
10665 Jasper Avenue
Edmonton, Alberta
T5J 3S9
Telephone: (780) 423-8905
FAX: (780) 423-8946
Agent
Name
Barbara Sinclair
Contact information
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: bsinclair@langmichener.ca

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

August 13, 1998
Ontario Court of Justice (General Division)

97-CV-137668, 97-CV-139317

see file

April 27, 1999
Court of Appeal for Ontario

C30294, C30421, C30428

see file

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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Date modified: 2025-05-13