Case information
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29294
Director, Income Maintenance Branch, Ministry of Community and Social Services, et al. v. Sandra Falkiner, et al.
(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) |
|---|---|---|
| 2004-09-01 | Appeal closed | |
| 2004-09-01 | Appeal removed from the list | |
| 2004-09-01 | Correspondence received from, R. Houston dated Sept. 1, 2004 re: enclosing a notice of discontinuance (sent to the judges on Sept.1, 2004) | Director, Income Maintenance Branch, Ministry of Community and Social Services |
| 2004-09-01 | Discontinuance of the appeal, (sent to the judges on Sept. 1, 2004) | Director, Income Maintenance Branch, Ministry of Community and Social Services |
| 2004-08-03 | Notice of hearing sent to parties | |
| 2004-07-15 | Appeal hearing scheduled, 2004-12-15, (previously Dec. 10 - Mar. 18/04 - Nov. 2/04) | |
| 2004-03-22 | Order on motion to extend time, (BY LEBEL J.) | |
| 2004-03-22 |
Decision on motion to extend time, LeB, UPON APPLICATIONS by the interveners, the Attorney General of Canada, the Attorney General of Quebec, the Attorney General of Manitoba, the Attorney General of British Columbia and the Attorney General of Alberta for an order extending the time to serve and file their factum and book of authorities and to present an oral argument at the hearing of the appeal; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motions are granted in part. The interveners shall serve and file their factum and book of authorities eight (8) weeks from the serving of the appellants' factum and present an oral argument of 15 minutes each at the hearing of the appeal. Allowed in part |
|
| 2004-03-18 | Submission of motion to extend time, LeB | |
| 2004-03-16 | Correspondence received from, Christopher Rupar dated 03/16/04 re: should refer to affidavit sworn on March 11, 2004 in amended motion | Attorney General of Canada |
| 2004-03-11 | Response to motion to extend time, (by e-mail) re: A.G. of Canada and A.G. of British Columbia, Completed on: 2004-03-11 | Director, Income Maintenance Branch, Ministry of Community and Social Services |
| 2004-02-18 | Response to motion to extend time, (Letter Form), from C. Tie (by fax), Completed on: 2004-02-18 | Sandra Falkiner |
| 2004-02-18 | Motion to extend time, to serve and file the factum and book of authorities eight weeks after the appellants' factum - amended motion rec'd March 11/04, Completed on: 2004-02-18 | Attorney General of Canada |
| 2004-02-17 | Reply to motion to extend time, (e-mail), Completed on: 2004-02-17 | Attorney General of Alberta |
| 2004-02-16 | Reply to motion to extend time, (e-mail), Completed on: 2004-02-16 | Attorney General of Manitoba |
| 2004-02-13 | Correspondence received from, from C. Rupar dated Feb. 13 re: will be filing a motion to extend the time to serve and file the factum and book of authorities | Attorney General of Canada |
| 2004-02-12 | Response to motion to extend time, Completed on: 2004-02-12 | Sandra Falkiner |
| 2004-02-10 | Response to motion to extend time, Completed on: 2004-02-10 | Director, Income Maintenance Branch, Ministry of Community and Social Services |
| 2004-01-20 | Motion to extend time, to file the intervener's factum and authorities to four weeks after the respondents file their material - amended motion rec'd March 11/04, Completed on: 2004-01-20 | Attorney General of Alberta |
| 2004-01-15 | Motion to extend time, to file their intervener's factum 8 weeks from date of filing of the appellants' factum (AMAENDED motion received on March 17, 2004 - receipt no. 0456), Completed on: 2004-01-15 | Attorney General of Québec |
| 2004-01-13 | Correspondence received from, from C. Tie dated Jan. 12/04 re: Adjournment of Hodge | Sandra Falkiner |
| 2004-01-13 | Correspondence received from, from Janet Minor re: adjournment of Hodge | Attorney General for Ontario |
| 2004-01-13 | Order on motion to adjourn the hearing of the appeal, (BY CHIEF JUSTICE) | |
| 2004-01-13 |
Decision on motion to adjourn the hearing of the appeal, CJ, This appeal scheduled to be heard on March 18, 2004, shall be adjourned to a date to be set by the Registrar in the Fall 2004 session. The appellants' record, factum and book of authorities shall be served and filed by August 30, 2004. Allowed |
|
| 2004-01-09 | Correspondence (sent by the Court) to, parties re: Adjournment of Hodge | |
| 2004-01-09 | Correspondence (sent by the Court) to, re: consent to ajournment | |
| 2003-12-24 | Motion to extend time, to file the factum and authorities to 4 weeks following the delivery of the respondent's factum - amended motion rec'd March 11/04, Completed on: 2003-12-24 | Attorney General of British Columbia |
| 2003-12-22 | Submission of motion to adjourn the hearing of the appeal, CJ | |
| 2003-12-19 | Response to the motion to adjourn the hearing of the appeal, (Letter Form), from K. Stephenson dated Dec. 19, 2003 (fax copy), Completed on: 2003-12-19 | Sandra Falkiner |
| 2003-12-11 | Motion to extend time, to file the factum 4 weeks after the service of the respondents' factum, Completed on: 2004-01-08 | Attorney General of Manitoba |
| 2003-11-28 | Motion to adjourn the hearing of the appeal, Completed on: 2003-11-28 | Director, Income Maintenance Branch, Ministry of Community and Social Services |
| 2003-11-24 | Notice of hearing sent to parties | |
| 2003-11-05 | Order on motion to extend time | |
| 2003-11-05 |
Decision on motion to extend time, (further decision) to serve and file the appellants' record, factum and book of authorities to Nov. 28/03, Reg Granted |
|
| 2003-11-05 | Submission of motion to extend time, Reg | |
| 2003-10-16 | Motion to extend time, Session beginning on 2003-04-07, to file their record , factum & authorities to November 28, 2003 (FURTHER EXTENSION), Completed on: 2003-10-16 | Director, Income Maintenance Branch, Ministry of Community and Social Services |
| 2003-10-08 | Order on motion to file a lengthy factum | |
| 2003-10-08 |
Decision on motion to file a lengthy factum, the appellants and respondent be permitted to each serve and file a factum of up to 50 pages in length, DeRg Allowed in part |
|
| 2003-10-08 | Order on motion to extend time | |
| 2003-10-08 |
Decision on motion to extend time, to serve and file the appellants' factum, record and book of authorities to Oct. 17/03, DeRg Granted |
|
| 2003-10-06 | Submission of motion to file a lengthy factum, DeRg | |
| 2003-10-06 | Submission of motion to extend time, DeRg | |
| 2003-10-03 | Appellant's record, Vol. I to XXXVIII + general index (see order of 10/08/03), Completed on: 2003-10-03 | Director, Income Maintenance Branch, Ministry of Community and Social Services |
| 2003-09-18 | Response to the motion to file a lengthy factum, (Letter Form), from C. Tie undated, received by fax on Sept. 18, 2003 (conditional)(joint), Completed on: 2003-09-18 | Sandra Falkiner |
| 2003-09-18 | Response to motion to extend time, (Letter Form), C. Tie undated, received by fax on Sept. 18, 2003 (joint), Completed on: 2003-09-18 | Sandra Falkiner |
| 2003-09-10 | Motion to file a lengthy factum, to 70 pages (joint), Completed on: 2003-09-10 | Director, Income Maintenance Branch, Ministry of Community and Social Services |
| 2003-09-10 | Motion to extend time, to file the factum, record and authorities to Oct. 17, 2003 (fax copies)(joint with motion for lenghty memorandum), Completed on: 2003-09-10 | Director, Income Maintenance Branch, Ministry of Community and Social Services |
| 2003-08-28 | Notice of intervention respecting a constitutional question | Attorney General of Québec |
| 2003-08-26 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2003-08-05 | Notice of intervention respecting a constitutional question | Attorney General of Manitoba |
| 2003-07-30 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 2003-07-23 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2003-07-07 | Notice of constitutional question(s) | Director, Income Maintenance Branch, Ministry of Community and Social Services |
| 2003-07-04 | Order on motion to state a constitutional question, (BY GONTHIER J.) | |
| 2003-07-04 |
Decision on the motion to state a constitutional question, G, 1. Does the definition of "spouse" in s. 1(1)(d) of Regulation 366, R.R.O. 1990, as amended by O. Reg. 409/95, under the Family Benefits Act, R.S.O. 1990, c. F.2, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? 3. Does the definition of "spouse" in s. 1(1)(d) of Regulation 366, R.R.O. 1990, as amended by O. Reg. 409/95, under the Family Benefits Act, R.S.O. 1990, c. F.2, infringe s. 7 of the Canadian Charter of Rights and Freedoms? 4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Granted |
|
| 2003-06-17 | Submission of motion to state a constitutional question, G | |
| 2003-05-14 | Response to the motion to state a constitutional question, (Letter Form), from Raj Anand dated 05/13/03 re: will not be filing a response, Completed on: 2003-05-14 | Sandra Falkiner |
| 2003-04-22 | Notice of appeal, Completed on: 2003-04-22 | Director, Income Maintenance Branch, Ministry of Community and Social Services |
| 2003-04-22 | Motion to state a constitutional question, 3 copies, Completed on: 2003-04-22 | Director, Income Maintenance Branch, Ministry of Community and Social Services |
| 2003-04-04 | Correspondence (sent by the Court) to, all parties re: revised timetable | |
| 2003-03-25 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-03-21 | Judgment on leave sent to the parties | |
| 2003-03-20 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C35052, dated May 13, 2002, is granted on condition that the applicants undertake to pay party and party costs in any event of the cause. Granted |
|
| 2003-01-27 | All materials on application for leave submitted to the Judges, CJ Ba De | |
| 2002-09-16 | Applicant's reply to respondent's argument, Completed on: 2002-09-16 | Director, Income Maintenance Branch, Ministry of Community and Social Services |
| 2002-09-09 | Respondent's response on the application for leave to appeal, Completed on: 2002-09-09 | Sandra Falkiner |
| 2002-08-29 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2002-08-20 | Supplemental document, (notice of bilingual name under rule 14) | Director, Income Maintenance Branch, Ministry of Community and Social Services |
| 2002-08-12 | Application for leave to appeal, (Vol. I & II), Completed on: 2002-08-29 | Director, Income Maintenance Branch, Ministry of Community and Social Services |
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 |
|---|---|---|
| Director, Income Maintenance Branch, Ministry of Community and Social Services | Appellant | Active |
| Attorney General for Ontario | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Sandra Falkiner | Respondent | Active |
| Deborah Sears, Cynthia Johnston-Pepping and Claude Marie Cadieux | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Attorney General of Manitoba | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General of Québec | Intervener | Active |
Counsel
Party: Director, Income Maintenance Branch, Ministry of Community and Social Services
Counsel
Sarah Kraicer
720 Bay Street
4th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4137
FAX: (416) 326-4015
Email: janet.minor@jus.gov.on.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General for Ontario
Counsel
Sarah Kraicer
720 Bay Street
4th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4137
FAX: (416) 326-4015
Email: janet.minor@jus.gov.on.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Sandra Falkiner
Counsel
M. Kate Stephenson
Chantal Tie
1600 - 130 King St West
PO Box 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 947-5091
FAX: (416) 365-1876
Email: ranand@weirfoulds.com
Agent
406 - 1355 Bank St
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401
Party: Deborah Sears, Cynthia Johnston-Pepping and Claude Marie Cadieux
Counsel
1600 - 130 King St West
PO Box 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 947-5091
FAX: (416) 365-1876
Email: ranand@weirfoulds.com
Agent
406 - 1355 Bank St
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401
Party: Attorney General of British Columbia
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Alberta
Counsel
9833 - 109th St NW
4th Fl
Edmonton, Alberta
T5K 2E8
Telephone: (780) 427-0072
FAX: (780) 425-0307
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: Attorney General of Manitoba
Counsel
Constitutional Law Branch
1205 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-6723
FAX: (204) 945-0053
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: Attorney General of Canada
Counsel
Bank of Canada Building - East Tower
1216 - 234 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: Christopher.Rupar@justice.gc.ca
Party: Attorney General of Québec
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
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.
None.
Lower court rulings
Divisional Court of Ontario
557/98
Applicant's appeal dismissed: "spouse" as defined in s.1(1)(d) of Ontario Regulation 366 made under the Family Benefits Act violates s.15(1) of the Charter and is not justified by s.1 of the Charter.
Court of Appeal for Ontario
C35052
Applicant's 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
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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 613‑996‑7933 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
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