Skip to main content

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.


27615

Cleavon Francis, et al. v. Minister of Citizenship and Immigration, 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)
2001-08-31 Payment out cheque issued, Cheque 275201245987 in the amount of $509.90 piad to Constance Nakatsu I/T
2001-08-24 Approved order for payment out, (sent to Finance Aug. 28/2001)
2001-07-24 Payment out cheque issued, Cheque 275201100959 in the amount of $509.90 paid to Lang Michener I/T
2001-07-16 Approved order for payment out, (sent to dept. of Finance July 16/01)
2000-12-04 Appeal closed
2000-12-04 Formal judgment sent to the registrar of the court of appeal and all parties
2000-11-29 Copy of formal judgment being prepared
2000-11-06 Decision on the motion to quash the appeal, Ia Ma Ba Bi Arb, IACOBUCCI J. (orally): The motion to quash is granted. We find the appeal moot and have not been persuaded to exercise our discretion to hear the appeal pursuant to the criteria discussed in Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342.
Granted, no order as to costs
2000-11-06 Hearing of the motion to quash, 2000-11-06, Ia Ma Ba Bi Arb
Decision rendered
2000-11-02 Reply to the motion for leave to intervene, book form, Completed on: 2000-11-02 Canadian Council of Churches
2000-10-27 Response to the motion to state a constitutional question, (book form), Completed on: 2000-10-27 Minister of Citizenship and Immigration
2000-10-27 Response to the motion for leave to intervene, re: intervention by Can. Foundation for Children, Youth and the Law (book form), Completed on: 2000-10-27 Minister of Citizenship and Immigration
2000-10-27 Response to the motion for leave to intervene, re: intervention by Can. Council of Churches (book form), Completed on: 2000-10-27 Minister of Citizenship and Immigration
2000-10-27 Correspondence received from, Y. Grant dated Oct. 27/00 (by fax) re: has been retained as co-counsel for Maria Joyce Francis Maria Joyce Francis
2000-10-27 Book of authorities, to Motion to Quash (10 copies), Completed on: 2000-10-27 Cleavon Francis
2000-10-27 Response to the motion to quash, (book form - 10 copies) (sent to bench Oct. 30/00), Completed on: 2000-10-27 Maria Joyce Francis
2000-10-27 Response to the motion to quash, (book form - 10 copies) (sent to bench Oct. 30/00), Completed on: 2000-10-27 Cleavon Francis
2000-10-23 Submission of motion to quash, 2000-11-06, Ia Ma Ba Bi Arb
Decision rendered
2000-10-11 Reply to the motion for leave to intervene, (Reply to Minister's Response) (book form), Completed on: 2000-10-11 Canadian Council for Refugees and Defence for Children International-Canada
2000-10-06 Reply to the motion for leave to intervene, (book form), Completed on: 2000-10-06 African Canadian Legal Clinic, Congress of Black Women, Metro Toronto Chinese and Southeast Asian Legal Clinic, National Action Committee on the Status of Women and Women's Legal Education and Action Fund
2000-10-05 Response to the motion for leave to intervene, (Letter Form), from J. Wilson dated Oct. 5, 2000 (fax copy), Completed on: 2000-10-05 Cleavon Francis
2000-10-04 Response to the motion for leave to intervene, from U. Kaczmarczyk and K. Lunney dated Oct. 3/00 (book form), Completed on: 2000-10-04 Minister of Citizenship and Immigration
2000-10-03 Motion for leave to intervene, Completed on: 2000-10-03 Canadian Foundation for Children, Youth and the Law
2000-10-02 Motion for leave to intervene, book form, Completed on: 2000-10-02 Canadian Council of Churches
2000-09-29 Motion to state a constitutional question, 1 copy - book form, Completed on: 2000-09-29 Cleavon Francis
2000-09-26 Motion to quash, (14 copies - book form), Completed on: 2000-09-26 Minister of Citizenship and Immigration
2000-09-25 Response to the motion for leave to intervene, (Letter Form), from J. Wilson dated Sept. 25, 2000 (fax copy), Completed on: 2000-09-25 Cleavon Francis
2000-09-22 Motion for leave to intervene, book form, Completed on: 2000-09-22 Canadian Council for Refugees and Defence for Children International-Canada
2000-09-21 Response to the motion for leave to intervene, (consent to make written submissions only) - 6 copies - book form, Completed on: 2000-09-21 Minister of Citizenship and Immigration
2000-09-12 Motion for leave to intervene, 2 copies, Completed on: 2000-09-12 African Canadian Legal Clinic, Congress of Black Women, Metro Toronto Chinese and Southeast Asian Legal Clinic, National Action Committee on the Status of Women and Women's Legal Education and Action Fund
2000-08-08 Correspondence received from, J. beedell dated Aug. 8, 2000 re: enclosing an order of the Superior Court dated Aug. 1, 2000 substituting Les Horne in place of MacDonald Scott as litigation Guardian for the appellants Daniella Francis and Shanice Francis through their Litigation Guardian Les Horne
2000-08-08 Notice of deposit for security Maria Joyce Francis
2000-08-03 Letter acknowledging receipt of notice of appeal
2000-08-01 Notice of deposit for security Cleavon Francis
2000-07-31 Notice of appeal, Completed on: 2000-07-31 Maria Joyce Francis
2000-07-31 Letter acknowledging receipt of notice of appeal
2000-07-31 Letter acknowledging receipt of notice of appeal
2000-07-28 Order granting leave to appeal
2000-07-28 Notice of appeal, Completed on: 2000-07-28 Cleavon Francis
2000-06-02 Notice of deposit of judgment issued to all parties
2000-06-01 Judgment of the Court on the application for leave to appeal, The applications for leave to appeal are granted with costs.
Granted, with costs
2000-01-24 All materials on application for leave submitted to the Judges, L'HD Ba LeB
2000-01-20 Respondent's response on the application for leave to appeal, Completed on: 2000-01-20 Minister of Citizenship and Immigration
1999-12-23 Respondent's response on the application for leave to appeal, (responding to the first application), Completed on: 1999-12-23 Minister of Citizenship and Immigration
1999-12-20 Correspondence received from, C. Nakatsu dated Dec. 17, 1999 re: memorandum of argument - addendum (1 page long) Maria Joyce Francis
1999-12-20 Application for leave to appeal, (second application), Completed on: 1999-12-20 Maria Joyce Francis
1999-12-13 Letter acknowledging receipt of a complete application for leave to appeal
1999-11-29 Application for leave to appeal, (printed on right; argument 24 pages) revised copies filed, Completed on: 1999-12-13 Cleavon Francis

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
Francis, Cleavon Appellant Active
Daniella Francis and Shanice Francis through their Litigation Guardian Les Horne Appellant Active

v.

Main parties - Respondents
Name Role Status
Minister of Citizenship and Immigration Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Francis, Maria Joyce Appellant Active

v.

Sub parties (1) - Respondents
Name Role Status
Minister of Citizenship and Immigration Respondent Active

Other parties

Other parties
Name Role Status
African Canadian Legal Clinic, Congress of Black Women, Metro Toronto Chinese and Southeast Asian Legal Clinic, National Action Committee on the Status of Women and Women's Legal Education and Action Fund Intervener Pending
Canadian Council for Refugees and Defence for Children International-Canada Intervener Pending
Canadian Foundation for Children, Youth and the Law Intervener Pending
Canadian Council of Churches Intervener Pending

Counsel

Party: Francis, Cleavon

Counsel
Jeffery Wilson
Wilson, Christen
47 Colborne Street
Suite 401
Toronto, Ontario
M5E 1P8
Telephone: (416) 360-5952
FAX: (416) 360-7912
Agent
Jeffrey W. Beedell
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca

Party: Daniella Francis and Shanice Francis through their Litigation Guardian Les Horne

Counsel
Jeffery Wilson
Wilson, Christen
47 Colborne Street
Suite 401
Toronto, Ontario
M5E 1P8
Telephone: (416) 360-5952
FAX: (416) 360-7912
Agent
Jeffrey W. Beedell
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca

Party: Francis, Maria Joyce

Counsel
Constance Nakatsu
Yola A. Grant
45 St. Nicholas Street
Toronto, Ontario
M4Y 1W6
Telephone: (416) 963-8405
FAX: (416) 925-8122
Agent
Edward K. Mann
Mann & Associates
1600 Scott Street, Suite 612
Ottawa, Ontario
K1Y 4N7
Telephone: (613) 722-1500
FAX: (613) 722-7677

Party: Minister of Citizenship and Immigration

Counsel
Kevin Lunney
Toby Hoffmann
Urszula Kaczmarczyk
Attorney General of Canada
2 First Canadian Place - Exchange Tower
Suite 2400 - P.O. Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-7524
FAX: (416) 954-8982
Email: kevin.lunney@justice.gc.ca
Agent
Graham R. Garton, Q.C.
Attorney General of Canada
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca

Party: African Canadian Legal Clinic, Congress of Black Women, Metro Toronto Chinese and Southeast Asian Legal Clinic, National Action Committee on the Status of Women and Women's Legal Education and Action Fund

Counsel
Carissima Mathen
Avvy Go
Marie Chen
African Canadian Legal Clinic
330 Bay Street, Suite 306
Toronto, Ontario
M5H 2S8
Telephone: (416) 595-7170
FAX: (416) 595-7191
Agent
Henry S. Brown, Q.C.
Gowling Lafleur Henderson
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: Canadian Council for Refugees and Defence for Children International-Canada

Counsel
Sharryn Aiken
Sheena Scott
c/o Agnes Samler
20 Spadina Road
Toronto, Ontario
M5R 2S7
Telephone: (416) 789-9201
FAX: (416) 789-9212
Agent
Michael Bossin
Community Legal Services-Ottawa Carleton
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca

Party: Canadian Foundation for Children, Youth and the Law

Counsel
Martha Mackinnon
Canadian Foundation for Children, Youth & the Law
720 Spadina Avenue
Suite 405
Toronto, Ontario
M5S 2T9
Telephone: (416) 920-1633
FAX: (416) 920-5855
Agent
Chantal Tie
South Ottawa Community Legal Services
406 - 1355 Bank St
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401

Party: Canadian Council of Churches

Counsel
Barbara Jackman
Jackman & Associates
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
Telephone: (416) 482-6501
FAX: (416) 482-9834
Agent
David M. Attwater
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

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

May 6, 1998
Ontario Court of Justice (General Division)

97-CV-137137

See file

October 19, 1999
Court of Appeal for Ontario

C29900

See file

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

Not available

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

Not available

Webcasts

Not available.

Date modified: 2025-02-27