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.
28635
David Benson v. Jason D. Brown, et al.
(Ontario) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2002-05-21 | Appeal closed | |
| 2002-05-13 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2002-04-17 | Copy of formal judgment being prepared | |
| 2002-04-08 | Record returned to the Registrar of the Court of Appeal, Ontario Superior Court of Justice | |
| 2002-04-02 | Notice of deposit of judgment sent to all parties | |
| 2002-03-28 |
Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal is allowed and the order for production by Dambrot J. is set aside. Allowed |
|
| 2002-02-20 | Correspondence received from, (Letter Form), C. Bartlett-Hughes dated Feb. 20, 2002 (fax copy) re: application to pierce solicitor-client privilege (sent to the judges on Feb. 21, 2002) | Her Majesty the Queen |
| 2002-01-31 | Transcript received, (117 pages) | |
| 2002-01-23 | Acknowledgement and consent for video taping of proceedings | |
| 2002-01-23 | Book of authorities, (supplemental) - given in Court, Completed on: 2002-01-23 | Her Majesty the Queen |
| 2002-01-23 | Judgment reserved OR rendered with reasons to follow | |
| 2002-01-23 |
Hearing of the appeal, 2002-01-23, (V008/V009), CJ L'HD G Ia Ma Ba Bi Arb LeB Judgment reserved |
|
| 2002-01-07 | Order on motion for leave to intervene, (15 MINUTES ORAL ARGUMENT GRANTED TO F.D.L.S.C. & C.L.A. AND 10 MINUTES TO DUCHARME ET AL. BY MAJOR J) | |
| 2001-12-21 | Book of authorities, Completed on: 2001-12-21 | Criminal Lawyers' Association |
| 2001-12-21 | Intervener's factum, Completed on: 2001-12-21 | Criminal Lawyers' Association |
| 2001-12-21 | Book of authorities, Completed on: 2001-12-21 | Federation of Law Societies of Canada |
| 2001-12-21 | Intervener's factum, Completed on: 2001-12-21 | Federation of Law Societies of Canada |
| 2001-12-20 | Intervener's factum, Completed on: 2001-12-20 | Todd Ducharme |
| 2001-12-10 | Respondent's book of authorities, Completed on: 2001-12-10 | Her Majesty the Queen |
| 2001-12-06 | Respondent's factum, Completed on: 2001-12-06 | Jason D. Brown |
| 2001-12-05 | Respondent's factum, Completed on: 2001-12-05 | Her Majesty the Queen |
| 2001-12-04 |
Appeal hearing scheduled, 2002-01-23 Judgment reserved |
|
| 2001-11-19 | Order on motion for leave to intervene, (BY THE COURT) | |
| 2001-11-19 |
Decision on the motion for leave to intervene, LeB, by the TODD DUCHARME and PETER COPELAND. The factum is limited to 20 pages to be filed on or before Dec. 21, 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 (10 MINUTES ORAL ARGUMENT GRANTED BY MAJOR J. JAN. 7, 2002). 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 respondents any additional disbursements occasioned to the appellant and respondents by the interventions. Granted, no order as to costs |
|
| 2001-11-19 |
Decision on the motion for leave to intervene, LeB, by the CRIMINAL LAWYERS' ASSOCIATION (ONTARIO). The factum is limited to 20 pages to be filed on or before Dec. 21, 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 BY MAJOR J. JAN. 7, 2002). 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 respondents any additional disbursements occasioned to the appellant and respondents by the interventions. Granted, no order as to costs |
|
| 2001-11-19 |
Decision on the motion for leave to intervene, LeB, by the FEDERATION OF LAW SOCIETIES OF CANADA. The factum is limited to 20 pages to be filed on or before Dec. 21, 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 BY MAJOR J. JAN. 7, 2002). 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 respondents any additional disbursements occasioned to the appellant and respondents by the interventions. Granted, no order as to costs |
|
| 2001-11-19 | Submission of motion for leave to intervene, LeB | |
| 2001-11-08 | Appeal perfected for hearing, Session beginning on 2002-01-14 | |
| 2001-11-07 | Motion for leave to intervene, (joint with a lenghty memorandum of 30 pages) - book form, Completed on: 2001-11-07 | Criminal Lawyers' Association |
| 2001-11-07 | Motion for leave to intervene, (joint) - book form, Completed on: 2001-11-07 | Todd Ducharme |
| 2001-11-05 | Supplemental document, (factum in support of motion to intervene) - 6 copies | Federation of Law Societies of Canada |
| 2001-11-05 | Motion for leave to intervene, 6 copies - book form, Completed on: 2001-11-05 | Federation of Law Societies of Canada |
| 2001-11-01 | Appellant's book of authorities, vol. 1 and 2, Completed on: 2001-12-28 | David Benson |
| 2001-11-01 | Appellant's factum, Completed on: 2001-12-28 | David Benson |
| 2001-09-24 | Appellant's record, (vol. 1 to 4), Completed on: 2001-09-24 | David Benson |
| 2001-09-07 | Notice of appeal, Completed on: 2001-09-07 | David Benson |
| 2001-08-24 | Correspondence received from, Mr. Litkowski addressed to Mr. Rosen and Ms. Barlett Hughes; re: proposed dates for filing and hearing | David Benson |
| 2001-08-24 | Correspondence received from, J.M. Rosen (dated Aug. 24) addressed to Mr. Litkowski and Ms. Bartless-Hughes; re: proposed file and hearing dates | Jason D. Brown |
| 2001-08-17 | Correspondence (sent by the Court) to, all parties re: tentative scheduling dates | |
| 2001-08-17 | Notice of deposit of judgment issued to all parties | |
| 2001-08-16 |
Judgment of the Court on the application for leave to appeal Granted, no order as to costs |
|
| 2001-07-25 | All materials on application for leave submitted to the Judges, L'HD Arb LeB | |
| 2001-07-25 | Applicant's reply to respondent's argument, Completed on: 2001-07-25 | David Benson |
| 2001-07-23 | Respondent's response on the application for leave to appeal, Completed on: 2001-07-23 | Her Majesty the Queen |
| 2001-07-23 | Respondent's response on the application for leave to appeal, (see order of June 13/01), Completed on: 2001-07-23 | Jason D. Brown |
| 2001-07-11 |
Decision on motion to extend time to file and /or serve the leave application, Bi, to July 10, 2001. Granted, no order as to costs |
|
| 2001-07-11 | Submission of motion to extend time to file and/ or serve the leave application, Bi | |
| 2001-07-11 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2001-07-11 | Response to the motion to extend the time to file and / or serve the leave application, Completed on: 2001-07-11 | Her Majesty the Queen |
| 2001-07-10 | Response to the motion to extend the time to file and / or serve the leave application, Completed on: 2001-07-10 | Jason D. Brown |
| 2001-07-10 | Motion to extend the time to file and or serve the application for leave to appeal, (see decision dated June 13/01) (1 copy), Completed on: 2001-07-10 | David Benson |
| 2001-07-10 | Application for leave to appeal, (paid May 30/01), Completed on: 2001-07-10 | David Benson |
| 2001-06-13 | Order issued on motion for a stay of execution, (by the Court) | |
| 2001-06-13 |
Decision on the motion for a stay of execution, L'HD, 1) the interim order for a stay of Justice Dambrot's disclosure order is extended pending the determination of the applicant's application for leave to appeal, and if leave is granted, pending the appeal; 2) the application for leave to appeal shall be expedited; the applicant shall serve and file his application for leave to appeal on or before July 9, 2001; the respondents shall serve and file their responses to the application for leave to appeal on or before July 23, 2001; the applicant shall serve and file his reply on or before July 30, 2001. Granted, no order as to costs |
|
| 2001-06-13 | Submission of motion for a stay of execution, L'HD | |
| 2001-06-12 | Correspondence received from, (fax) from John Rosen re: current status of matter and a copy of Mr. Justice Dambrot's endorsement of June 1, 2001, adjourning the trial date to June 15, 2001 | Jason D. Brown |
| 2001-06-05 | Reply to motion for a stay of execution, (book form), Completed on: 2001-06-05 | David Benson |
| 2001-06-04 | Response to the motion for a stay of execution, (book form), Completed on: 2001-06-04 | Jason D. Brown |
| 2001-05-31 | Trial Court record, (SEALED) (1 large envelope) | |
| 2001-05-31 | Correspondence received from, J.M. Rosen dated May 30/01 (by fax) re: publication bans (original rec'd June 4/01) | Jason D. Brown |
| 2001-05-30 | Correspondence received from, R. Litkowski dated May 30/01 (by fax) re: publication ban | David Benson |
| 2001-05-30 | Notice of application for leave to appeal | David Benson |
| 2001-05-30 | Motion for a stay of execution, (book form), Completed on: 2001-05-30 | David Benson |
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
| Name | Role | Status |
|---|---|---|
| Benson, David | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Brown, Jason D. | Respondent | Active |
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Federation of Law Societies of Canada | Intervener | Active |
| Ducharme, Todd | Intervener | Active |
| Copeland, Peter | Intervener | Active |
| Criminal Lawyers' Association | Intervener | Active |
Counsel
Party: Benson, David
Counsel
Richard G. Litkowski
11 Prince Arthur Avenue
Toronto, Ontario
M5R 1B2
Telephone: (416) 323-0354
FAX: (416) 964-5821
Toronto, Ontario
M5R 1B2
Telephone: (416) 323-0354
FAX: (416) 964-5821
Agent
Leonard M. Shore, Q.C.
Shore, Davis, MacFarlane
800 - 200 Elgin Street
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
800 - 200 Elgin Street
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Brown, Jason D.
Counsel
John M. Rosen
Rosen Wasser
150 King Street West
Suite 2512
Toronto, Ontario
M5H 1J9
Telephone: (416) 205-9700
FAX: (416) 205-9970
150 King Street West
Suite 2512
Toronto, Ontario
M5H 1J9
Telephone: (416) 205-9700
FAX: (416) 205-9970
Agent
Henry S. Brown, Q.C.
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
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: Her Majesty the Queen
Counsel
Christine Bartlett-Hughes
Attorney General of Ontario
Crown Law Office - Criminal
10th Floor - 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2351
FAX: (416) 326-4656
Email: christine.bartlett-hughes@jus.gov.on.ca
Crown Law Office - Criminal
10th Floor - 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2351
FAX: (416) 326-4656
Email: christine.bartlett-hughes@jus.gov.on.ca
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
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Federation of Law Societies of Canada
Counsel
Clayton C. Ruby
Jill Copeland
Jill Copeland
Ruby & Edwardh
11 Prince Arthur Ave
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: ruby@Ruby-edwardh.com
11 Prince Arthur Ave
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: ruby@Ruby-edwardh.com
Agent
Leonard M. Shore, Q.C.
Shore, Davis
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Ducharme, Todd
Counsel
Anil K. Kapoor
210 - 20 Adelaide Street East
Toronto, Ontario
M5C 2T6
Telephone: (416) 363-2700
FAX: (416) 368-6811
Email: akk@20adelaide.com
Toronto, Ontario
M5C 2T6
Telephone: (416) 363-2700
FAX: (416) 368-6811
Email: akk@20adelaide.com
Agent
Lawrence Greenspon
Karam, Greenspon
301 Elgin Street
Ottawa, Ontario
K2P 2N9
Telephone: (613) 232-4546
FAX: (613) 232-8229
301 Elgin Street
Ottawa, Ontario
K2P 2N9
Telephone: (613) 232-4546
FAX: (613) 232-8229
Party: Copeland, Peter
Counsel
Anil K. Kapoor
210 - 20 Adelaide Street East
Toronto, Ontario
M5C 2T6
Telephone: (416) 363-2700
FAX: (416) 368-6811
Email: akk@20adelaide.com
Toronto, Ontario
M5C 2T6
Telephone: (416) 363-2700
FAX: (416) 368-6811
Email: akk@20adelaide.com
Agent
Lawrence Greenspon
Karam, Greenspon
301 Elgin Street
Ottawa, Ontario
K2P 2N9
Telephone: (613) 232-4546
FAX: (613) 232-8229
301 Elgin Street
Ottawa, Ontario
K2P 2N9
Telephone: (613) 232-4546
FAX: (613) 232-8229
Party: Criminal Lawyers' Association
Counsel
Leslie Pringle
Skurka & Pringle
11 King Street West
Suite 1100
Toronto, Ontario
M5H 1A3
Telephone: (416) 214-1651
FAX: (416) 214-4782
11 King Street West
Suite 1100
Toronto, Ontario
M5H 1A3
Telephone: (416) 214-1651
FAX: (416) 214-4782
Agent
Heather Perkins-McVey
Smith Lyons
150 Metcalfe Street
Suite 2300
Ottawa, Ontario
K2P 1P1
Telephone: (613) 231-1004
FAX: (613) 230-7085
150 Metcalfe Street
Suite 2300
Ottawa, Ontario
K2P 1P1
Telephone: (613) 231-1004
FAX: (613) 230-7085
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.
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Lower court rulings
May 18, 2001
Ontario Superior Court of Justice
P668-00
Ontario Superior Court of Justice
P668-00
McClure motion granted; production of Applicant's solicitor-client files ordered
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.
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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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Date modified: 2025-05-13