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27980

The Honourable Ralph Klein, et al. v. Barbara Decock, Tara Leigh Decock, an infant by her Next Friend, Barbara Decock, and Lindsey Allison Decock, et al.

(Alberta) (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)
2002-02-11 Appeal closed
2001-09-10 Discontinuance of the appeal, (service requested) The Honourable Ralph Klein
2001-05-23 Appeal perfected for hearing, Session beginning on 2001-10-01
2001-04-04 Order on motion for leave to intervene, (BY THE COURT)
2001-04-04 Decision on the motion for leave to intervene, Arb, by the ATTORNEY GENERAL OF ONTARIO. The 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. 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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by the interventions.
Granted, no order as to costs
2001-04-04 Decision on the motion for leave to intervene, Arb, by the ATTORNEY GENERAL OF CANADA. The 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. 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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by the interventions.
Granted, no order as to costs
2001-04-04 Submission of motion for leave to intervene, by A.G. - Canada & A.G. - Ont., Arb
2001-04-02 Appellant's book of authorities, Completed on: 2001-04-02 The Honourable Ralph Klein
2001-03-28 Appellant's factum, Completed on: 2001-03-28 The Honourable Ralph Klein
2001-03-08 Respondent's record, (26th copy with service rec'd March 9/01 - service admitted March 9/01), Completed on: 2001-03-09 Barbara Decock, Tara Leigh Decock, an infant by her Next Friend, Barbara Decock, and Lindsey Allison Decock
2001-02-20 Motion for leave to intervene, and to present oral argument (book form) (1 faxed copy rec'd Feb. 19/01), Completed on: 2001-02-20 Attorney General for Ontario
2001-02-16 Motion for leave to intervene, to file a factum and present oral argument (book form), Completed on: 2001-02-16 Attorney General of Canada
2001-01-22 Appellant's record, Completed on: 2001-01-22 The Honourable Ralph Klein
2001-01-17 General proceeding, (diiscontinue the appeal as against the Respondents Joel Scott, et al ONLY) The Honourable Ralph Klein
2001-01-04 Letter acknowledging receipt of notice of appeal
2001-01-04 Letter acknowledging receipt of notice of appeal
2000-12-22 Order granting leave to appeal
2000-12-20 Notice of deposit for security The Honourable Ralph Klein
2000-12-20 Notice of appeal, Completed on: 2001-04-02 The Honourable Ralph Klein
2000-12-08 Notice of deposit of judgment issued to all parties
2000-12-07 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
2000-11-14 All materials on application for leave submitted to the Judges, L'HD Ba LeB
2000-07-14 Respondent's response on the application for leave to appeal, (service received on July 20, 2000 and Aug. 10, 2000), Completed on: 2000-07-14 Barbara Decock, Tara Leigh Decock, an infant by her Next Friend, Barbara Decock, and Lindsey Allison Decock
2000-06-29 Letter acknowledging receipt of an incomplete application for leave to appeal
2000-06-19 Application for leave to appeal, (C.A. Order missing - filed July 11), Completed on: 2000-07-11 The Honourable Ralph Klein

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
The Honourable Ralph Klein Appellant Active
The Honourable Shirley McClellan Appellant Active

v.

Main parties - Respondents
Name Role Status
Barbara Decock, Tara Leigh Decock, an infant by her Next Friend, Barbara Decock, and Lindsey Allison Decock Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
The Honourable Ralph Klein Appellant Active
The Honourable Shirley McClellan Appellant Active

v.

Sub parties (1) - Respondents
Name Role Status
Kelly Schmitz and Kevin Schmitz Respondent Active

And Between

Sub parties (2) - Appellants
Name Role Status
The Honourable Ralph Klein Appellant Active
The Honourable Shirley McClellan Appellant Active

v.

Sub parties (2) - Respondents
Name Role Status
Darin F. Banister, Sandra Banister and Ann Schierle Respondent Active

And Between

Sub parties (3) - Appellants
Name Role Status
The Honourable Ralph Klein Appellant Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Attorney General for Ontario Intervener Active

Counsel

Party: The Honourable Ralph Klein

Counsel
David William Kinloch
Attorney General of Alberta
9833 - 109 Street
5th Floor
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-9252
FAX: (780) 425-0307
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: The Honourable Shirley McClellan

Counsel
David William Kinloch
Attorney General of Alberta
9833 - 109 Street
5th Floor
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-9252
FAX: (780) 425-0307
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: Barbara Decock, Tara Leigh Decock, an infant by her Next Friend, Barbara Decock, and Lindsey Allison Decock

Counsel
Clint R. Suntjens
Litwiniuk & Company
205 - 4020 17th Avenue SE
Calgary, Alberta
T2A 0S7
Telephone: (403) 273-8580
FAX: (403) 273-9045
Email: suntjens@litwiniuk.com
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: Kelly Schmitz and Kevin Schmitz

Counsel
Clint R. Suntjens
Litwiniuk & Company
205 - 4020 17th Avenue SE
Calgary, Alberta
T2A 0S7
Telephone: (403) 273-8580
FAX: (403) 273-9045
Email: suntjens@litwiniuk.com
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: Darin F. Banister, Sandra Banister and Ann Schierle

Counsel
Clint R. Suntjens
Litwiniuk & Company
205 - 4020 17th Avenue SE
Calgary, Alberta
T2A 0S7
Telephone: (403) 273-8580
FAX: (403) 273-9045
Email: suntjens@litwiniuk.com
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: Attorney General of Canada

Counsel
David Sgayias, Q.C.
Attorney General of Canada
Department of Justice
284 Wellington St, 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 952-0275
FAX: (613) 952-1227
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: Attorney General for Ontario

Counsel
Michele Smith
Attorney General for Ontario
Crown Law Office - Civil
720 Bay Street, 8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4177
FAX: (416) 326-4181
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Summary

Keywords

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Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

May 9, 1997
Court of Queen’s Bench of Alberta

9401-14127, 9501-07642, 9601-05262, 9601-07819, 9601-14721

see file

April 25, 2000
Court of Appeal of Alberta (Calgary)

97-17244, 97-17245, 97-17247, 97-17275

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

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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: 2025-02-27