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28464

Jack Marks, Chief of Police of the Municipality of Metropolitan Toronto Police Force, et al. v. Michael Oniel

(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)
2002-01-03 Close file on Leave
2001-12-20 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2001-11-15 Copy of formal judgment on leave being prepared
2001-11-09 Notice of deposit of judgment issued to all parties
2001-11-08 Judgment of the Court on the application for leave to appeal
Dismissed, with costs
2001-07-16 Correspondence received from, O. Oniel dated July 16, 2001 (fax copy) re: responding to the applicant's letter dated July 11, 2001(original received July 19, 2001)(sent to the panel August 9, 2001) Michael Oniel
2001-07-13 Correspondence received from, E. A. Ayers dated July 11, 2001: re: 1) objective summary 2) enclosing a recent decision of Superior Court of Justice in R. Wilson v. A.G. Ontario (sent to the panel August 9, 2001) Jack Marks, Chief of Police of the Municipality of Metropolitan Toronto Police Force
2001-07-03 All materials on application for leave submitted to the Judges, L'HD Arb LeB
2001-05-31 Correspondence received from, M. Oniel dated May 30, 2001 re: requesting that leave be submitted Michael Oniel
2001-04-26 Correspondence (sent by the Court) to, Michael Oniel enclosing a copy of Justice LeBel's Order & receipt for payment of motion to expedite
2001-04-25 Order by, (on the motion to expedite)
2001-04-25 Decision on motion to expedite the application for leave to appeal, LeB, The motion by the respondent to expedite the hearing of a motion for leave to appeal is dismissed. In the circumstances of the case, the motion for leave must go through the normal process, before it is submitted to a panel.
Dismissed, no order as to costs
2001-04-25 Submission of motion to expedite the application for leave to appeal, LeB
2001-04-23 Response to the motion to expedite the application for leave to appeal, Completed on: 2001-04-23 Jack Marks, Chief of Police of the Municipality of Metropolitan Toronto Police Force
2001-04-18 Motion to expedite the application for leave to appeal, Completed on: 2001-04-18 Michael Oniel
2001-04-12 Applicant's reply to respondent's argument, Completed on: 2001-04-12 Jack Marks, Chief of Police of the Municipality of Metropolitan Toronto Police Force
2001-04-03 Respondent's response on the application for leave to appeal, Completed on: 2001-04-03 Michael Oniel
2001-03-16 Application for leave to appeal, Vol. I & II (C/A Order missing - rec'd June 6/01 and July 3/01), Completed on: 2001-06-06 Jack Marks, Chief of Police of the Municipality of Metropolitan Toronto Police Force

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
Jack Marks, Chief of Police of the Municipality of Metropolitan Toronto Police Force Applicant Active
The Estate of James Hughes (now deceased) and Mark Hegenauer Applicant Active

v.

Main parties - Respondents
Name Role Status
Oniel, Michael Respondent Active

Counsel

Party: Jack Marks, Chief of Police of the Municipality of Metropolitan Toronto Police Force

Counsel
Edward A. Ayers, Q.C.
Kevin A. McGivney
Borden Ladner Gervais LLP
Scotia Plaza
40 King Street West
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6153
FAX: (416) 361-2466
Agent
Carole J. Brown
Borden Ladner Gervais LLP
1000 - 60 Queen Street
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: The Estate of James Hughes (now deceased) and Mark Hegenauer

Counsel
Edward A. Ayers, Q.C.
Kevin A. McGivney
Borden Ladner Gervais LLP
Scotia Plaza
40 King Street West
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6153
FAX: (416) 361-2466
Agent
Carole J. Brown
Borden Ladner Gervais LLP
1000 - 60 Queen Street
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Oniel, Michael

This party is not represented by counsel.

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

June 12, 1998
Ontario Superior Court of Justice

CU-87-294520

Respondent's claim for malicious prosecution dismissed

September 22, 1998
Ontario Superior Court of Justice

CU-87-294520

see file (supplementary reasons as to costs released Oct. 27/1998)

January 18, 2001
Court of Appeal for Ontario

C30682

Appeal allowed; judgment set aside; judgment entered in favour of the Respondent

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

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Date modified: 2025-02-27