Case information
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28872
Michael Burko, et al. v. Credit Valley Conservation Authority
(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) |
|---|---|---|
| 2003-01-31 | Record returned to the Registrar of the Court of Appeal, and to Trial court | |
| 2002-08-09 | Close file on Leave | |
| 2002-03-20 | Correspondence received from, Michael and Kathleen Burko (by fax) dated March 19/02 | Michael Burko |
| 2002-03-15 | Correspondence (sent by the Court) to, the applicants enclosing a copy of the Registrar's Order dismissing the leave application as abandoned. | |
| 2002-03-13 | Order on motion to dismiss the application for leave to appeal for delay, (by the Registrar) | |
| 2002-03-13 |
Decision on the motion to dismiss the application for leave to appeal for delay, Reg, UPON APPLICATION by the respondent for an order dismissing the application for leave to appeal as abandoned; AND WHEREAS the applicants have not served and filed all the materials necessary for the application for leave to appeal within the time period set out in paragraph 58(1)(a) and subsection 58(2) of the Supreme Court Act or extended pursuant to subsection 59(1) of the Act; AND WHEREAS the applicants did not obtain an order by a judge of this Court extending the time for serving and filing all the materials necessary for the application for leave to appeal within the time period specified in the Deputy Registrar's order dated February 27, 2002; BY VIRTUE of the authority given to the Registrar pursuant to Rule 25(2)(a) of the RULES OF THE SUPREME COURT OF CANADA; IT IS HEREBY ORDERED that the application for leave be dismissed as abandoned. Granted |
|
| 2002-03-13 | Submission of motion to dismiss the application for leave to appeal for delay, Reg | |
| 2002-03-12 | Correspondence received from, Kathleen Burko (by fax) dated March 12/02 | Michael Burko |
| 2002-03-04 | Correspondence received from, Luisa Ritacca dated March 1/02 joint with the affidavit of service as requested in the Deputy Registrar's order of February 27, 2002 | Credit Valley Conservation Authority |
| 2002-02-27 | General proceeding, 12 copies of a document entitled: Book of Authorities | Michael Burko |
| 2002-02-27 | General proceeding, 24 copies of a document entitled: Appellants' factum | Michael Burko |
| 2002-02-27 | General proceeding, 24 copies of a document entitled: Appellants' Record | Michael Burko |
| 2002-02-27 | Order on motion to substitutional service, (by the Deputy Registrar) | |
| 2002-02-27 |
Decision on motion for substitutional service, DeRg, 1. Service of the motion to dismiss the application for leave to appeal and of this order shall be effected by leaving a copy at the applicants' home address. 2. The respondent shall file an affidavit of service. 3. The motion to dismiss the application for leave to appeal will be considered eight clear days after the date of service indicated in the affidavit of service. 4. The order dismissing the application for leave to appeal as abandoned shall be issued on the date the motion is considered unless the time for serving and filing the materials necessary for an application for leave to appeal is extended by order of a judge before the motion is considered. Granted, no order as to costs |
|
| 2002-02-27 | Submission of motion for substitutional service, DeRg | |
| 2002-02-04 | Correspondence received from, K. Burko (by fax) dated Jan. 31/02 re: out of country and will return on Feb. 6/02 | Michael Burko |
| 2002-01-31 | Motion for substitutional service, (bookform)(joint with motion to dismiss), Completed on: 2002-01-31 | Credit Valley Conservation Authority |
| 2002-01-31 | Motion to dismiss the application for leave to appeal for delay, (bookform)(joint with a motion for substitutional service), Completed on: 2002-01-31 | Credit Valley Conservation Authority |
| 2002-01-02 | Correspondence received from, Luisa Ritacca (by fax) dated Jan. 2/02 re: letter of Dec. 19/02 | Credit Valley Conservation Authority |
| 2001-12-19 | Correspondence received from, Luisa Ritacca (Stockwood Spies)(by fax) dated Dec. 19/01 inquiring about the status of the file | Credit Valley Conservation Authority |
| 2001-12-18 | General proceeding, document entitled Notice of a Constitutional Question | Michael Burko |
| 2001-12-11 | Trial Court record, 1 envelope | |
| 2001-12-10 | Correspondence received from, Mr. Burko dated Dec. 7/01 with Master Cork's written endorsement dated Dec. 4/01 | Michael Burko |
| 2001-12-07 | Correspondence (sent by the Court) to, Mr. Burko with a copy of Mr. Justice LeBel's order | |
| 2001-12-06 | Order on miscellaneous motion, (by the Judge) | |
| 2001-12-06 |
Decision on the miscellaneous motion, LeB, On October 26, 2001, the applicants Michael and Kathleen Burko purported to file a document styled "notice of appeal". In this document, the applicants state their intention to appeal from a judgment of the Court of Appeal for Ontario, rendered on October 9, 2001, quashing their appeal from an interlocutory judgment rendered by Justice Somers on April 23, 2001. The Registrar refused to accept this document as a notice of appeal as of right and suggested to the applicants that it be dealt with as if it were a notice of motion for leave to appeal. The applicants challenged this decision, as they seem to think that the filing of their documents created what would amount to an appeal as of right. They have now filed a motion asking a judge of this Court to reverse the decision of the Registrar. Pursuant to s. 40 of the Supreme Court Act, R.S.C. 1985, ch. S-26, all appeals in civil matters require prior leave by this Court. No appeal as of right exists in such matters. The applicants must go through the leave process. The Registrar had no option but to refuse that their document be filed as a notice of appeal. For these reasons, the motion is dismissed. Costs were not requested on the motion Dismissed, no order as to costs |
|
| 2001-12-06 | Submission of miscellaneous motion, LeB | |
| 2001-12-03 | Correspondence (sent by the Court) to, Luisa Ritacca (by fax only) in answer to her letter sent earlier today | |
| 2001-12-03 | Correspondence received from, Luisa Ritacca (by fax) dated Dec. 3/02 re: today's letter from K. Burko | Credit Valley Conservation Authority |
| 2001-12-03 | Correspondence received from, Kathleen Burko (by fax) dated Dec. 3/02 | Michael Burko |
| 2001-12-03 | General proceeding, Ontario Superior Court of Justice document entitled Notice of Motion (returnable December 4, 2001) | Michael Burko |
| 2001-11-28 | Appeal Court record, 2 boxes | |
| 2001-11-21 | Correspondence received from, K. Burko (by fax) dated Nov. 21/01 | Michael Burko |
| 2001-11-20 | General proceeding, request for oral hearing | Michael Burko |
| 2001-11-19 | Reply to miscellaneous motion, (paper form), Completed on: 2001-11-19 | Michael Burko |
| 2001-11-15 | Supplemental document, (documents in support of the misc. motion) - book form | Michael Burko |
| 2001-11-15 | Response to miscellaneous motion, (Letter Form), letter dated Nov. 14/01 from Luisa Ritacca re: it is not necessary to respond to the submissions, Completed on: 2001-11-14 | Credit Valley Conservation Authority |
| 2001-11-08 | Notice of miscellaneous motion, Completed on: 2001-11-08 | Michael Burko |
| 2001-11-05 | Correspondence (sent by the Court) to, Mr. Burko re: document filed | |
| 2001-11-01 | Correspondence received from, Luisa Ritacca of Stockwood Spies (by fax) dated Oct. 31/01 with the C/A judgment dated Oct. 9/01 | Credit Valley Conservation Authority |
| 2001-11-01 | General proceeding, (document entitled Notice of Deposit of Security) | Michael Burko |
| 2001-11-01 | Notice of application for leave to appeal, (document entitled ''AMENDED Notice of Appeal'' but will be considered as an Amended Notice of application for leave to appeal) | Michael Burko |
| 2001-10-26 | Notice of application for leave to appeal, (document entitled ''Notice of Appeal'' but will be considered as a notice of application for leave to appeal) as per B.K. | Michael Burko |
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 |
|---|---|---|
| Burko, Michael | Applicant | Active |
| Burko, Kathleen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Credit Valley Conservation Authority | Respondent | Active |
Counsel
Party: Burko, Michael
This party is not represented by counsel.
Party: Burko, Kathleen
This party is not represented by counsel.
Party: Credit Valley Conservation Authority
Counsel
Luisa Ritacca
150 King Street West
Suite 2512
Toronto, Ontario
M5H 1J9
Telephone: (416) 593-7200
FAX: (416) 593-9345
Summary
Keywords
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Summary
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Lower court rulings
Court of Appeal for Ontario
C36261
see judgment
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 613-996-8666 or at 1-844-365-9662.
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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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 613-996-8666 or at 1-844-365-9662.
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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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 613-996-8666 or at 1-844-365-9662.
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
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