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27699

John Hollick v. The City of Toronto

(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)
2001-11-26 Appeal closed
2001-11-23 Formal judgment sent to the registrar of the court of appeal and all parties
2001-11-13 Copy of formal judgment being prepared
2001-11-01 Record returned to the Registrar of the Court of Appeal
2001-10-19 Notice of deposit of judgment sent to all parties
2001-10-18 Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb
Dismissed, without costs
2001-10-09 Correspondence received from, Gowlings dated Oct. 9, 2001 (fax copy) re: does not object to the filing of the decision in Brimner (sent to the judges on Oct. 10, 2001) The City of Toronto
2001-09-18 Correspondence received from, K. Baert dated Sept. 18, 2001 (fax copy) re: enclosing decision of Ontario Divisional Court rendered on Sept. 17, 2001 (respondent's position requested) - sent to the judges on Oct. 10, 2001 John Hollick
2001-06-26 Transcript received, and distributed to the justices (74 pages)
2001-06-13 Judgment reserved OR rendered with reasons to follow
2001-06-13 Hearing of the appeal, 2001-06-13, (V060 - Incomplete), CJ G Ia Ma Ba Bi Arb
Judgment reserved
2001-06-13 Acknowledgement and consent for video taping of proceedings
2001-06-13 Appellant's condensed book John Hollick
2001-06-13 Respondent's condensed book The City of Toronto
2001-06-12 Notice of appearance Friends of the Earth, West Coast Environmental Law Association and Canadian Association of Physicians for the Environment
2001-06-06 Correspondence received from, M. McGowan dated June 5, 2001 (fax copy) re: acknowledge receipt of Mr. Rempe's letter dated June 5, 2001(original received June 8, 2001) John Hollick
2001-06-05 Notice of appearance, letter from Mr. G. Rempe dated June 5, 2001 (fax copy) The City of Toronto
2001-06-05 Notice of appearance, of Michael L. McGowan, Kirk M. Baert and Pierre Sylvestre at the hearing (original received June 8, 2001) John Hollick
2001-05-18 Order on motion for leave to intervene, (15 MINUTES ORAL ARGUMENT GRANTED BY BASTARACHE J.)
2001-05-16 Intervener's factum, (see decision dated Apr. 20/01), Completed on: 2001-05-15 The Law Foundation of Ontario
2001-04-27 Order on miscellaneous motion
2001-04-25 Decision on miscellaneous motion, Reg, on behalf of the intervener Environmental Commissioner of Ontario for an order accepting its factum without marginal numbering.
Granted, no order as to costs
2001-04-25 Submission of miscellaneous motion, Reg
2001-04-20 Order on motion for leave to intervene, (by the Court)
2001-04-20 Decision on the motion for leave to intervene, Ba, and extension of the time of the LAW FOUNDATION OF ONTARIO. The factum is limited to 20 pages to be filed on or before May 18, 2001. The request to present oral argument is denied. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention.
Granted, no order as to costs
2001-04-20 Submission of motion for leave to intervene, Ba
2001-04-19 Order on motion to extend time
2001-04-19 Decision on motion to extend time, DeRg, to serve & file the book of authorities of the interveners Friends of the Earth, West Coast Environmental Law Association and Canadian Association of Physicians for the Environment to April 2, 2001.
Granted, no order as to costs
2001-04-19 Submission of motion to extend time, DeRg
2001-04-18 Response to miscellaneous motion, from H.W.O. Doyle dated Apr. 18/01 (by fax - 1 copy), Completed on: 2001-04-18 The City of Toronto
2001-04-18 Response to miscellaneous motion, from McGowan & Associates dated Apr. 17/01 (by fax - 1 copy), Completed on: 2001-04-18 John Hollick
2001-04-18 Notice of miscellaneous motion, to file without marginal line numbering (1 copy), Completed on: 2001-04-18 Environmental Commissioner of Ontario
2001-04-18 Reply to the motion for leave to intervene, (fax letter) from Mark Orkin, Completed on: 2001-04-18 The Law Foundation of Ontario
2001-04-12 Correspondence received from, G. Rempe dated April 12, 2001 re: typographical error in par. 9 of motion to intervene; also, attached excerpts from the C.A. decision in Edwards v. Law Society of Upper Canada The Law Foundation of Ontario
2001-04-11 Response to the motion for leave to intervene, (Letter Form), from K.M. Baert dated Apr. 11/01, Completed on: 2001-04-11 John Hollick
2001-04-05 Response to the motion for leave to intervene, joint with Book of Authorities (2 copies - book form), Completed on: 2001-04-05 The City of Toronto
2001-04-04 Notice of hearing, Session beginning on 2001-04-17 John Hollick
2001-04-03 Motion to extend time, to serve and file the Authorities to April 2/01, Completed on: 2001-04-03 Friends of the Earth, West Coast Environmental Law Association and Canadian Association of Physicians for the Environment
2001-04-02 Book of authorities, (extension of time requested), Completed on: 2001-04-02 Friends of the Earth, West Coast Environmental Law Association and Canadian Association of Physicians for the Environment
2001-03-30 Intervener's factum, (see decision dated March 14/01), Completed on: 2001-03-30 Friends of the Earth, West Coast Environmental Law Association and Canadian Association of Physicians for the Environment
2001-03-30 Book of authorities, Completed on: 2001-03-30 Environmental Commissioner of Ontario
2001-03-30 Intervener's factum, (see decision of March 1/01)(no marginal line numbering - motion requested), Incomplete Environmental Commissioner of Ontario
2001-03-30 Motion for leave to intervene, and to present oral argument (joint with extension of time) (book form), Completed on: 2001-03-30 The Law Foundation of Ontario
2001-03-21 Appeal court record, (1 box)
2001-03-16 Appeal hearing scheduled, 2001-06-13
Judgment reserved
2001-03-14 Order on motion to extend time
2001-03-14 Decision on motion to extend time, Reg, to serve & file the factum and book of authorities of the intervener Friends of the Earth, West Coast environmental Law Association and Canadian Association of Physicians for the Environment to March 30, 2001.
Granted, no order as to costs
2001-03-14 Submission of motion to extend time, Reg
2001-03-06 Correspondence received from, Jeffrey W. Beedell dated March 6/01 to request the extension of time to March 30/01 rather than March 12/01 Friends of the Earth, West Coast Environmental Law Association and Canadian Association of Physicians for the Environment
2001-03-01 Order on motion for leave to intervene, (by the Court)
2001-03-01 Decision on the motion for leave to intervene, Ba, and extension of time of the ENVIRONMENTAL COMMISSIONER OF ONTARIO. The factum is limited to 20 pages to be filed on or before March 30, 2001. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners ( 15 MINUTES ORAL ARGUMENT GRANTED MAY 18, 2001). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties except with respect to the history and purpose of the Environmental Bill of Rights. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention.
Granted, no order as to costs
2001-02-28 Submission of motion for leave to intervene, Ba
2001-02-26 Response to motion to extend time, from K. Baert, Completed on: 2001-02-26 John Hollick
2001-02-26 Motion to extend time, to serve and file the factum and authorities to March 12/01, Completed on: 2001-02-26 Friends of the Earth, West Coast Environmental Law Association and Canadian Association of Physicians for the Environment
2001-02-20 Response to the motion for leave to intervene, (Letter Form), from K.M. Baert dated Feb. 20/01 (by fax), Completed on: 2001-02-20 Environmental Commissioner of Ontario
2001-02-08 Correspondence received from, G. Rempe dated Feb. 8, 2001 (fax copy) re: has no objection that the matter in 27721 being heard at the same time; also, requesting that the matter not be rescheduled to the Fall Session The City of Toronto
2001-02-07 Correspondence received from, Kirk M. Baert dated Feb. 7/01re: in response to D.C. Prowse's letter dated Feb. 6/01(by fax) John Hollick
2001-02-06 Correspondence received, from D. Clifton Prowse dated Feb. 6/01re: appeal to be heard with Rumley (27721) (by fax)
2001-01-29 Correspondence received from, M. McGowan dated Jan. 26, 2001 re: dates of hearing John Hollick
2001-01-29 Appeal perfected for hearing, Session beginning on 2001-04-17
2001-01-26 Respondent's book of authorities, Completed on: 2001-01-26 The City of Toronto
2001-01-26 Respondent's factum, Completed on: 2001-01-26 The City of Toronto
2001-01-19 Correspondence received from, C. Haware dated Jan. 12, 2001 re: typing error contained in the affidavit of Gordon Miller - intervention Environmental Commissioner of Ontario
2001-01-16 Response to the motion for leave to intervene, (book form - 2 copies), Completed on: 2001-01-16 The City of Toronto
2001-01-11 Motion for leave to intervene, (joint with extension of time) - book form, Completed on: 2001-01-11 Environmental Commissioner of Ontario
2001-01-11 Order on motion for leave to intervene, (by the Court)
2001-01-11 Decision on the motion for leave to intervene, Ba, by the FRIENDS OF THE EARTH, WEST COAST ENVIRONMENT LAW ASSOCIATION and CANADIAN ASSOCIATION OF PHYSICIANS FOR THE ENVIRONMENT. The joint factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES ORAL ARGUMENT GRANTED MAY 18, 2001). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the interventions.
Granted, no order as to costs
2001-01-11 Submission of motion for leave to intervene, Ba
2000-12-15 Reply to the motion for leave to intervene, (book form), Completed on: 2000-12-15 Friends of the Earth, West Coast Environmental Law Association and Canadian Association of Physicians for the Environment
2000-12-15 Notice of deposit for security, (sec. dep. received Oct. 2/00) John Hollick
2000-12-13 Book of authorities, (vols. 1 and 2), Completed on: 2000-12-13 John Hollick
2000-12-11 Response to the motion for leave to intervene, (2 copies - book form), Completed on: 2000-12-11 The City of Toronto
2000-12-04 Motion for leave to intervene, (book form), Completed on: 2000-12-04 Friends of the Earth, West Coast Environmental Law Association and Canadian Association of Physicians for the Environment
2000-12-04 Appellant's factum, (new covers requested / parties' addresses - received Dec. 8/00), Completed on: 2000-12-04 John Hollick
2000-12-04 Appellant's record, Vol. I to VII, Completed on: 2000-12-04 John Hollick
2000-11-01 Order granting leave to appeal
2000-10-17 Letter acknowledging receipt of notice of appeal
2000-10-02 Notice of appeal, sec. deposit no. 2544, Completed on: 2000-12-15 John Hollick
2000-09-22 Notice of deposit of judgment issued to all parties
2000-09-21 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted.
Granted, no order as to costs
2000-07-04 All materials on application for leave submitted to the Judges, G Bi Arb
2000-02-09 Applicant's reply to respondent's argument, Completed on: 2000-02-09 John Hollick
2000-02-04 Book of authorities, Completed on: 2000-02-04 The City of Toronto
2000-02-04 Respondent's response on the application for leave to appeal, Completed on: 2000-02-04 The City of Toronto
2000-01-20 Letter acknowledging receipt of a complete application for leave to appeal
2000-01-11 Book of authorities, Completed on: 2000-01-11 John Hollick
2000-01-11 Application for leave to appeal, Completed on: 2000-01-11 John Hollick

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
Hollick, John Appellant Active

v.

Main parties - Respondents
Name Role Status
The City of Toronto Respondent Active

Other parties

Other parties
Name Role Status
Friends of the Earth, West Coast Environmental Law Association and Canadian Association of Physicians for the Environment Intervener Active
Environmental Commissioner of Ontario Intervener Active
The Law Foundation of Ontario Intervener Active

Counsel

Party: Hollick, John

Counsel
Michael McGowan
Kirk M. Baert
Pierre Sylvestre
McGowan Elliott & Kim LLP
1400 - 10 Bay Street
Toronto, Ontario
M5J 2R8
Telephone: (416) 363-2239
FAX: (416) 362-6204
Agent
Catherine P. Coulter
Fraser Milner Casgrain LLP
1420 - 99 Bank St.
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: catherine.coulter@fmc-law.com

Party: The City of Toronto

Counsel
Graham J. Rempe
Kalli Y. Chapman
H. W. O. Doyle
City of Toronto
Station 1260, Metro Hall
55 John Street, 26th Floor
Toronto, Ontario
M5V 3C6
Telephone: (416) 392-2887
FAX: (416) 397-1765
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: Friends of the Earth, West Coast Environmental Law Association and Canadian Association of Physicians for the Environment

Counsel
Robert V. Wright
Elizabeth Christie
Linda Collins
Sierra Legal Defence Fund
Suite 900
30 St. Patrick Street
Toronto, Ontario
M5T 3A3
Telephone: (416) 368-7533 Ext: 31
FAX: (416) 363-2746
Email: rwright@sierralegal.org
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: Environmental Commissioner of Ontario

Counsel
Doug Thomson
David McRobert
McCarthy Tétrault LLP
Suite 4700, T-D Centre
Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7512
FAX: (416) 601-8248
Agent
Colin S. Baxter
McCarthy Tétrault LLP
1400 - 40 Elgin Street
Ottawa, Ontario
K1R 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca

Party: The Law Foundation of Ontario

Counsel
Mark M. Orkin, Q.C.
Suite 1401
111Richmond Street West
Toronto, Ontario
M5H 2G4
Telephone: (416) 363-4108
FAX: (416) 365-9276
Agent
Arnell S. Goldberg, Q.C.
Goldberg, Shinder & Kronick
307 Gilmour Street
Ottawa, Ontario
K2P 0P7
Telephone: (613) 237-4922
FAX: (613) 237-2920

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

December 17, 1998
Ontario Court of Justice (General Division)

262/98

See file

December 15, 1999
Court of Appeal for Ontario

C31728

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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Webcasts

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Date modified: 2025-05-13