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.
28799
Dr. Russel Fleming v. Professor Scott Starson a.k.a. Scott Jeffery Schutzman
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2003-06-13 | Appeal closed | |
| 2003-06-09 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-06-06 |
Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal for Ontario, Number C33406, dated June 14, 2001, heard on January 15, 2003 is dismissed, McLachlin C.J. and Gonthier and LeBel JJ. dissenting. Dismissed |
|
| 2003-02-27 | Correspondence received, from Janet Leiper of the Ontario Review Board requesting information. (faxed response April 24, 2003) | |
| 2003-01-24 | Transcript received, (109 pp.) | |
| 2003-01-15 | Acknowledgement and consent for video taping of proceedings | |
| 2003-01-15 | Book of authorities, (Supplemental), Completed on: 2003-01-15 | Mental Health Legal Committee ("the MHLC") and the Mental Health Legal Advocacy Coalition ("the Coalition") |
| 2003-01-15 | Judgment reserved OR rendered with reasons to follow | |
| 2003-01-15 |
Hearing of the appeal, 2003-01-15, (V004/V005), CJ G Ia Ma Ba Bi Arb LeB De Judgment reserved |
|
| 2003-01-14 | Book of authorities, (Supplementary - Legislative Authority), Completed on: 2003-01-14 | Schizophrenia Society of Canada (SSC) |
| 2003-01-13 | Correspondence received from, D. Schell dated/date 13-01-03 re: enclosing bilingual version of Health Care Consent Act/incluant version bilingue de Health Care Consent Act (sent to the judges/envoyée aux juges le 14-01-03) | Dr. Russel Fleming |
| 2003-01-13 | Correspondence received from, C. Christie dated/datée 13-01-03 (fax copy/télécopieur) re: citation in section 38 of factum/citation dans la section 38 du mémoire - correction | Schizophrenia Society of Canada (SSC) |
| 2003-01-13 | Order by, Gonthier, J.; re: Mr. Starson (affidavit of service on Jan. 13) | |
| 2003-01-10 | Appellant's condensed book, (14 copies) | Dr. Russel Fleming |
| 2003-01-10 | Correspondence received from, (fax) D. Schel dated Jan. 10; re: authorizing order | Anita Szigeti |
| 2003-01-09 | Notice of appearance, (Letter Form), of Daphne Jarvis and Barbara Walker-Renshaw, dated 01/09/03. | Schizophrenia Society of Canada (SSC) |
| 2003-01-08 | Correspondence received from, Diana Schell dated/datée 01/08/03 re: attendance of the respondent at the hearing / re: présence de l'intimé à l'audition de l'appel | Dr. Russel Fleming |
| 2003-01-08 | Order on motion for leave to intervene, Centre for Addiction and Mental Health is DENIED permission to present oral argument; Schizophrenia Society of Canada is granted 15 MINS.; Mental Health Legal Committee and the Mental Health Legal Advocacy Coalition are granted 15 MINS. IN TOTAL | |
| 2003-01-07 | Notice of hearing | Dr. Russel Fleming |
| 2003-01-02 | Intervener's factum, Completed on: 2003-01-02 | Mental Health Legal Committee ("the MHLC") and the Mental Health Legal Advocacy Coalition ("the Coalition") |
| 2003-01-02 | Intervener's factum, Completed on: 2003-01-02 | Schizophrenia Society of Canada (SSC) |
| 2003-01-02 | Intervener's factum, Completed on: 2003-01-02 | Centre for Addiction and Mental Health |
| 2003-01-02 | Book of authorities, Completed on: 2003-01-02 | Mental Health Legal Committee ("the MHLC") and the Mental Health Legal Advocacy Coalition ("the Coalition") |
| 2003-01-02 | Book of authorities, Completed on: 2003-01-02 | Schizophrenia Society of Canada (SSC) |
| 2003-01-02 | Book of authorities, Completed on: 2003-01-02 | Centre for Addiction and Mental Health |
| 2002-12-04 | Book of authorities, (AMICUS CURIAE), Completed on: 2002-12-04 | Anita Szigeti |
| 2002-12-04 | Other factum, (AMICUS CURIAE) | Anita Szigeti |
| 2002-11-29 |
Appeal hearing scheduled, 2003-01-15 Judgment reserved |
|
| 2002-11-27 | Correspondence received from, A. Szigeti dated/datée 27-11-02 re: will be filing her material by Dec. 4, 2002/déposera ses documents le 4-12-02 (fax copy/télécopieur) | Anita Szigeti |
| 2002-11-20 | Order on motion for leave to intervene, (BY DESCHAMPS J.) | |
| 2002-11-20 |
Decision on the motion for leave to intervene, De, The motion for an extension of time and for leave to intervene of the applicants MENTAL HEALTH LEGAL COMMITTEE and the MENTAL HEALTH LEGAL ADVOCACY COALITION is granted and the applicants shall be entitled to serve and file a joint factum not to exceed 20 pages in length. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the appellant, the amicus curiae and the interveners. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. The intervener shall pay to the appellant, respondent and the amicus curiae any additional disbursements occasioned to the appellant, respondent and the amicus curiae by the intervention. Granted |
|
| 2002-11-20 | Submission of motion for leave to intervene, De | |
| 2002-11-18 | Reply to the motion for leave to intervene, (Letter Form), from A. Dhir dated Nov. 18, 2002 (fax copy) re: replying to Ms. McIntosh and Ms. Szigeti's letters, Completed on: 2002-11-18 | Mental Health Legal Committee ("the MHLC") and the Mental Health Legal Advocacy Coalition ("the Coalition") |
| 2002-11-18 | Reply to the motion for leave to intervene, (Letter Form), from A. Szigeti dated Nov. 15, 2002 (fax copy) re: in response of L. McIntosh's letter dated Nov. 123, 2002, Completed on: 2002-11-18 | Anita Szigeti |
| 2002-11-13 | Response to the motion for leave to intervene, (Letter Form), from L. McIntosh dated Nov. 13, 2002 (fax copy) re: conditional consent, Completed on: 2002-11-13 | Dr. Russel Fleming |
| 2002-11-12 | Appeal perfected for hearing, Session beginning on 2003-01-13 | |
| 2002-11-01 | Motion for leave to intervene, (joint with extension of time) - book form, Completed on: 2002-11-01 | Mental Health Legal Committee ("the MHLC") and the Mental Health Legal Advocacy Coalition ("the Coalition") |
| 2002-10-22 | Order on motion for leave to intervene, (BY DESCHAMPS J.) | |
| 2002-10-22 |
Decision on the motion for leave to intervene, De, IT IS HEREBY ORDERED THAT: 1. The motion for leave to intervene of the applicant CENTRE FOR ADDICTION AND MENTAL HEALTH is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. 2. The motion for leave to intervene of the applicant SCHIZOPHRENIA SOCIETY OF CANADA is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the appellant, the amicus curiae and the interveners. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. The interveners shall pay to the appellant, respondent and the amicus curiae any additional disbursements occasioned to the appellant, respondent and the amicus curiae by the interventions. Granted |
|
| 2002-10-22 | Submission of motion for leave to intervene, De | |
| 2002-10-21 | Response to the motion for leave to intervene, (Letter Form), from A. Szigeti dated Oct. 21, 2002 (fax copy) re: interventions by Centre for Addiction and Schizophrenia Society, Completed on: 2002-10-21 | Anita Szigeti |
| 2002-10-02 |
Order by, HAVING BEEN advised that the respondent does not intend to defend this appeal and it appearing therefore that the interest of those who would take a position in opposition to the appellant will not be represented; THIS COURT HEREBY APPOINTS Ms.Anita Szigeti as amicus curiae to assist the Court by filing a factum in response to the factum of the appellant and making submissions at the hearing of the appeal; AND FURTHER THIS COURT DIRECTS that the reasonable fees and disbursements of Ms. Anita Szigeti shall be paid by and with the consent of the Attorney General of Ontario in accordance with the applicable legal aid rate. Granted |
|
| 2002-09-26 | Supplemental document, (notice of agent - Burke-Robertson is the agent for the Appellant) | Dr. Russel Fleming |
| 2002-09-23 | Response to the motion for leave to intervene, (Letter Form), by Centre for Addiction and Mental Health and The Schizophrenia Society of Canada from Burke-Robertson dated Sept. 23/02 (by fax - original rec'd Sept. 26/02), Completed on: 2002-09-23 | Dr. Russel Fleming |
| 2002-09-20 | Correspondence received from, Leslie McIntosh dated Sept. 20/02 re payment of fees if the Court appoints an Amicus Curiae | Dr. Russel Fleming |
| 2002-09-16 | Appellant's book of authorities, (14 copies), Completed on: 2002-09-16 | Dr. Russel Fleming |
| 2002-09-16 | Appellant's record, Completed on: 2002-09-16 | Dr. Russel Fleming |
| 2002-09-16 | Appellant's factum, Completed on: 2002-09-16 | Dr. Russel Fleming |
| 2002-09-16 | Correspondence received, M.A. Swadron dated Sept. 16/02 (by fax) re: Mental Health Legal Committee will apply for intervener status | |
| 2002-09-16 | Correspondence received, from Anita Szigeti dated Sept. 16/02 (by fax) re: Status as Amicus before the S.C.C. | |
| 2002-09-13 | Order on motion to add or substitute parties, (service rec'd Sept. 16/02) | |
| 2002-09-13 |
Decision on motion to add or substitute parties, Reg, The motion for an order substituting Dr. Russel Fleming as appellant in place of Dr. Swayze and Dr. Posner. Granted |
|
| 2002-09-13 | Submission of motion to add or substitute parties, Reg | |
| 2002-09-10 | Response to motion to add or substitute parties, consent, Completed on: 2002-09-10 | Dr. Ian Swayze |
| 2002-09-10 | Response to motion to add or substitute parties, (consent)(fax copy), Completed on: 2002-09-10 | Dr. Paul Posner |
| 2002-09-03 | Motion to add or substitute parties, to substitute Dr. Fleming as appellant in place of Dr. Swayze and Dr. Posner, Completed on: 2002-09-03 | Dr. Russel Fleming |
| 2002-08-15 | Motion for leave to intervene, to file a factum and present oral argument (3 copies - book form), Completed on: 2002-08-15 | Schizophrenia Society of Canada (SSC) |
| 2002-08-13 | Motion for leave to intervene, to file a factum and present oral argument (5 copies - book form), Completed on: 2002-08-13 | Centre for Addiction and Mental Health |
| 2002-06-07 | Correspondence received, from Anita Szigeti re: acted as Amicus Curiae before the Court of Appeal and seeks directions regarding her role in this Court. | |
| 2002-05-21 | Notice of deposit for security | Dr. Paul Posner |
| 2002-05-17 | Notice of appeal, Completed on: 2002-05-23 | Dr. Paul Posner |
| 2002-04-25 | Correspondence (sent by the Court) to, all parties; re: filing timetable / tentative hearing date (Jan. 17/03) | |
| 2002-04-19 | Notice of deposit of judgment issued to all parties | |
| 2002-04-18 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted. Granted |
|
| 2002-03-11 | All materials on application for leave submitted to the Judges, G Ma LeB | |
| 2002-02-26 | Correspondence received from, B. Crane dated Feb. 26, 2002 re: similar issue with file no. 28700 | Dr. Ian Swayze |
| 2001-10-02 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2001-09-12 | Supplemental document, 5 Copies of Transcript of Consent and Capacity Board Hearing filed | Dr. Paul Posner |
| 2001-09-12 | Book of authorities, 5 Copies of Appendix A - Statutes and Authorities filed, Completed on: 2001-09-12 | Dr. Paul Posner |
| 2001-09-12 | Application for leave to appeal, Completed on: 2001-09-12 | Dr. Paul Posner |
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 |
|---|---|---|
| Fleming, Dr. Russel | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Professor Scott Starson a.k.a. Scott Jeffery Schutzman | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Szigeti, Anita | Amicus curiae | Active |
| Centre for Addiction and Mental Health | Intervener | Active |
| Schizophrenia Society of Canada (SSC) | Intervener | Active |
| Mental Health Legal Committee ("the MHLC") and the Mental Health Legal Advocacy Coalition ("the Coalition") | Intervener | Active |
Counsel
Party: Fleming, Dr. Russel
Counsel
Diana Schell
720 Bay Street
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4148
FAX: (416) 326-4181
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Professor Scott Starson a.k.a. Scott Jeffery Schutzman
This party is not represented by counsel.
Party: Centre for Addiction and Mental Health
Counsel
James P. Thomson
1 Queen Street East
Suite 2100
Toronto, Ontario
M5C 2W5
Telephone: (416) 982-3806
FAX: (416) 982-3801
Email: jblackburn@lexcanada.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Schizophrenia Society of Canada (SSC)
Counsel
Barbara J. Walker-Renshaw
40 King Street West
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6216
FAX: (416) 361-7064
Agent
World Exchange Plaza
1100 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: cbrown@blgcanada.com
Party: Szigeti, Anita
Counsel
94 Cumberland Street
Suite 906
Toronto, Ontario
M5R 1A3
Telephone: (416) 968-6575
FAX: (416) 968-3424
Agent
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: Mental Health Legal Committee ("the MHLC") and the Mental Health Legal Advocacy Coalition ("the Coalition")
Counsel
Aaron A. Dhir
115 Berkeley Street
Toronto, Ontario
M5A 2W8
Telephone: (416) 362-1234
FAX: (416) 362-1232
Agent
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
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
Ontario Superior Court of Justice
03-006/99
Appeal allowed
Court of Appeal for Ontario
C33406
Application to admit new evidence dismissed; appeal dismissed
Filed documents
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 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 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
Related links
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
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available