Case information
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29207
Attorney General of Canada v. Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros
(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) |
|---|---|---|
| 2003-07-19 | Appeal closed | |
| 2003-07-18 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-07-17 |
Judgment on the appeal rendered, CJ G Ma Ba Bi Arb LeB, The appeal from the judgment of the Court of Appeal for Ontario, Numbers C35254 and C35835, dated March 13, 2002, heard on April 10, 2003 is allowed without costs. The Court would not disturb any order as to costs awarded in the courts below. The constitutional questions are answered as follows: 1. Is s. 5.1(4) of the Department of Veterans Affairs Act, R.S.C. 1985, c. V-1, as amended, inconsistent with s. 1(a) of the Canadian Bill of Rights, S.C. 1960, c. 44? Answer: No. 2. Is s. 5.1(4) of the Department of Veterans Affairs Act, R.S.C. 1985, c. V-1, as amended, inconsistent with s. 2(e) of the Canadian Bill of Rights, S.C. 1960, c. 44? Answer: No. 3. If the answer to question 1 or 2 is in the affirmative, is s. 5.1(4) of the Department of Veterans Affairs Act, R.S.C. 1985, c. V-1, as amended, inoperable by reason of such inconsistency? Answer: It is unnecessary to answer this question. Allowed, without costs |
|
| 2003-04-23 | Transcript received, 56 pages | |
| 2003-04-14 | Supplemental factum, (motion granted by the Court at the hearing) (sent to the judges April 15/03) | Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros |
| 2003-04-10 |
Decision on miscellaneous motion, CJ G Ma Ba Bi Arb LeB Granted, no order as to costs |
|
| 2003-04-10 | Hearing of miscellaneous motion, CJ G Ma Ba Bi Arb LeB | |
| 2003-04-10 | Judgment reserved OR rendered with reasons to follow | |
| 2003-04-10 |
Hearing of the appeal, 2003-04-10, (V042), CJ G Ma Ba Bi Arb LeB Judgment reserved |
|
| 2003-04-10 | Supplemental factum, given in Court ( motion granted by the Court) | Attorney General of Canada |
| 2003-04-10 | Appellant's condensed book, given in Court | Attorney General of Canada |
| 2003-04-10 | Acknowledgement and consent for video taping of proceedings | |
| 2003-04-08 | Reply to miscellaneous motion, (Letter Form), from G. Garton dated April 8, 2003 (fax copy) (sent to the judges April 8/03), Completed on: 2003-04-08 | Attorney General of Canada |
| 2003-04-08 | Response to miscellaneous motion, Affidavit of David G. Greenaway (sent to the judges April 8/03), Completed on: 2003-04-08 | Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros |
| 2003-04-08 | Submission of miscellaneous motion, (referred to the Court by Chief Justice), CJ G Ma Ba Bi Arb LeB | |
| 2003-04-08 | Correspondence received from, Graham R. Garton dated 04/08/03 re article by professor Monahan | Attorney General of Canada |
| 2003-04-07 | Notice of appearance, of Graham Garton | Attorney General of Canada |
| 2003-04-07 | Supplemental document, entitled: Is the Pearson Airport Legislation Unconstitutional?....by Patrick J. Monahan (sent to the Court 04/08/03) | Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros |
| 2003-04-07 | Notice of miscellaneous motion, (to file a suppl. factum)(book form - 14 copies) (sent to the judges April 8/03), Completed on: 2003-04-07 | Attorney General of Canada |
| 2003-04-04 | Notice of appearance, of Graham R. Garton | Attorney General of Canada |
| 2003-03-27 | Notice of appearance, of Graham R. Garton | Attorney General of Canada |
| 2003-03-26 | Order on motion to extend time | |
| 2003-03-26 |
Decision on motion to extend time, to serve and file the respondent's book of authorities to March 14/03, DeRg Granted |
|
| 2003-03-26 | Submission of motion to extend time, DeRg | |
| 2003-03-21 | Notice of withdrawal | Attorney General of Alberta |
| 2003-03-19 | Response to motion to extend time, (Letter Form), from G. Garton dated March 19, 2003 (fax copy), Completed on: 2003-03-19 | Attorney General of Canada |
| 2003-03-18 | Motion to extend time, to file the authorities to March 14, 2003, Completed on: 2003-03-18 | Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros |
| 2003-03-17 | Notice of hearing sent to parties | |
| 2003-03-14 | Respondent's book of authorities, Completed on: 2003-03-14 | Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros |
| 2003-03-11 | Appeal perfected for hearing | |
| 2003-03-11 |
Appeal hearing scheduled, 2003-04-10 Judgment reserved |
|
| 2003-02-28 | Respondent's record, Completed on: 2003-02-28 | Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros |
| 2003-02-28 | Respondent's factum, Completed on: 2003-02-28 | Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros |
| 2003-02-03 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 2003-01-30 | Appellant's record, vol. 1 and 2, Completed on: 2003-01-30 | Attorney General of Canada |
| 2003-01-30 | Appellant's book of authorities, Completed on: 2003-01-30 | Attorney General of Canada |
| 2003-01-30 | Appellant's factum, Completed on: 2003-01-30 | Attorney General of Canada |
| 2003-01-02 | Notice of constitutional question(s) | Attorney General of Canada |
| 2002-12-31 | Order on motion for leave to intervene | |
| 2002-12-23 |
Decision on the motion to state a constitutional question, CJ, 1. Is s. 5.1(4) of the Department of Veterans Affairs Act, R.S.C. 1985, c. V-1, as amended, inconsistent with s. 1(a) of the Canadian Bill of Rights, S.C. 1960, c. 44? 2. Is s. 5.1(4) of the Department of Veterans Affairs Act, R.S.C. 1985, c. V-1, as amended, inconsistent with s. 2(e) of the Canadian Bill of Rights, S.C. 1960, c. 44? 3. If the answer to question 1 or 2 is in the affirmative, is s. 5.1(4) of the Department of Veterans Affairs Act, R.S.C. 1985, c. V-1, as amended, inoperable by reason of such inconsistency? Notices of interventions are to be filed on or before February 3, 2003. Granted |
|
| 2002-12-11 | Submission of motion to state a constitutional question, CJ | |
| 2002-12-10 |
Decision on motion to expedite the appeal, CJ, 1) this appeal be expedited so that it can be heard during the first two weeks of the Spring 2003 session; 2) the appellant's record, factum and book of authorities shall be served and filed no later than January 31, 2003; 3) the respondent's record, factum and book of authorities shall be served and filed no later than 4 weeks after the service of the appellant's factum; 4) motions for leave to intervene shall be served and filed no later than 2 weeks after the service of the appellant's factum and any interveners' factums shall be served and filed no later than 3 weeks after the service of the respondent's factum. Granted |
|
| 2002-12-05 | Submission of motion to expedite the appeal, CJ | |
| 2002-12-04 | Reply to motion to expedite the appeal, (Letter Form), D. Greenaway dated/datée 4-12-02 (fax copy/télécopieur), Completed on: 2002-12-04 | Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros |
| 2002-11-22 | Response to motion to expedite the appeal, (Letter Form), from D. Rennie dated Nov. 22, 2002 (fax copy), Completed on: 2002-11-22 | Attorney General of Canada |
| 2002-11-18 | Correspondence (sent by the Court) to, all parties; re: Filing timetable / Tentative hearing date (June 3/03) | |
| 2002-11-15 | Motion to expedite the appeal, by scheduling it during the April 2003 sessions (book form), Completed on: 2002-11-15 | Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros |
| 2002-11-15 | Letter acknowledging receipt of notice of appeal | |
| 2002-11-14 | Motion to state a constitutional question, (book form), Completed on: 2002-11-14 | Attorney General of Canada |
| 2002-11-13 | Supplemental document, 1 copy of order of Superior Court of Justice dated July 17, 2002 (fax copy) re: continuation of the style of cause | Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros |
| 2002-11-07 | Notice of appeal, (notice to be amended - re: style of cause)(amended notice received on Nov. 14, 2002), Completed on: 2002-11-15 | Attorney General of Canada |
| 2002-10-22 | Judgment on leave sent to the parties | |
| 2002-10-17 |
Judgment of the Court on the application for leave to appeal, The motion to expedite the application is granted and the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers C35254 and C35835, dated March 13, 2002, is granted with costs to the Respondent in any event of the cause. Granted, with costs |
|
| 2002-10-17 |
Decision on motion to expedite the application for leave to appeal Granted |
|
| 2002-07-29 | All materials on application for leave submitted to the Judges, G Ma Arb | |
| 2002-07-29 | Submission of motion to expedite the application for leave to appeal, G Ma Arb | |
| 2002-07-22 | Motion to expedite the application for leave to appeal, book form - 5 copies, Completed on: 2002-07-22 | Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros |
| 2002-06-11 | Applicant's reply to respondent's argument, Completed on: 2002-06-11 | Attorney General of Canada |
| 2002-06-06 | Respondent's response on the application for leave to appeal, Completed on: 2002-06-06 | Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros |
| 2002-05-30 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2002-05-10 | Application for leave to appeal, Completed on: 2002-05-30 | Attorney General of Canada |
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 |
|---|---|---|
| Attorney General of Canada | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros | Respondent | Active |
Counsel
Party: Attorney General of Canada
Counsel
Graham R. Garton, Q.C.
John C. Spencer
Yvonne Milosevic
Donald J. Rennie
John C. Spencer
Yvonne Milosevic
Donald J. Rennie
Attorney General of Canada
Exchange Tower
130 King Street West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6807
FAX: (416) 973-8253
Email: ggarton@justice.gc.ca
Exchange Tower
130 King Street West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6807
FAX: (416) 973-8253
Email: ggarton@justice.gc.ca
Party: Joseph Patrick Authorson, deceased, by his Litigation Administrator, Peter Mountney and by his Litigation Guardian, Lenore Majoros
Counsel
Raymond G. Colautti
David G. Greenaway
Peter Sengbusch
David G. Greenaway
Peter Sengbusch
Raphael Partners
2510 Ouellette Ave.
Windsor, Ontario
N8X 1L4
Telephone: (519) 966-1300
FAX: (519) 966-1079
2510 Ouellette Ave.
Windsor, Ontario
N8X 1L4
Telephone: (519) 966-1300
FAX: (519) 966-1079
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
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
October 11, 2000
Ontario Superior Court of Justice
99-GD-45963
Ontario Superior Court of Justice
99-GD-45963
Respondent's motion for summary judgment on liability granted; Applicant's cross-motion for dismissal of the action dismissed
March 13, 2002
Court of Appeal for Ontario
C35835, C35254
Court of Appeal for Ontario
C35835, C35254
Appeal dismissed
Memorandums of argument on application for leave to appeal
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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.
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Date modified: 2025-02-27