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.
29359
The Corporation of the Town of Oakville v. Vann Niagara Ltd.
(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) |
|---|---|---|
| 2004-01-12 | Record returned to the Registrar of the Court of Appeal | |
| 2003-12-22 | Correspondence received from, J. Crossingham dated Dec. 22, 2003 (fax copy) re: in response to Mr. Rust-D'Eye's letter dated Nov. 19, 2003 | Vann Niagara Ltd. |
| 2003-11-28 | Correspondence received from, R. Brady dated Nov. 26, 2003 (fax copy) re: will response to Mr. Rust-D'Eye's letter on his return on Dec. 8, 2003 | Vann Niagara Ltd. |
| 2003-11-20 | Appeal closed | |
| 2003-11-19 | Correspondence received from, G. Rust-D'Eye dated Nov. 19, 2003 (fax copy) re: oral judgment | The Corporation of the Town of Oakville |
| 2003-11-14 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-11-13 | Appellant's condensed book, submitted in court (14 copies) | The Corporation of the Town of Oakville |
| 2003-11-13 |
Judgment on the appeal rendered, REVISED January 20, 2004, CJ Ia Ma Ba Bi Arb LeB De F, The appeal from the judgment of the Court of Appeal for Ontario, Number C36773, dated June 14, 2002, was heard on November 13, 2003 and the Court on that day delivered the following judgment orally: Arbour J. — There is no appeal from the unanimous decision of the Ontario Court of Appeal that the by-law prohibiting third party signs is unconstitutional. We agree with MacPherson J.A. that the by-law limiting the size of signs to 80 square feet (7.5 square meters) infringes s. 2(b) of the Canadian Charter of Rights and Freedoms (which is not contested in this Court) but is saved under s. 1 as it minimally impairs the freedom of expression of the respondent. The appeal is allowed, the judgment of the Court of Appeal on that issue is set aside and the constitutional questions are answered in the affirmative. The appellant will have its costs in this Court. Each party will bear its own costs in the Court of Appeal. Allowed |
|
| 2003-11-13 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2003-11-13 |
Hearing of the appeal, 2003-11-13, CJ Ia Ma Ba Bi Arb LeB De F Judgment rendered |
|
| 2003-09-12 | Appeal court record, (1 box) | |
| 2003-09-04 | Respondent's record, (see order), Completed on: 2003-09-04 | Vann Niagara Ltd. |
| 2003-09-04 | Respondent's book of authorities, (see order)(new covers rec eived on Sept. 29, 2003), Completed on: 2003-09-30 | Vann Niagara Ltd. |
| 2003-09-04 | Respondent's factum, (see order)(new covers received on Sept. 29, 2003), Completed on: 2003-09-30 | Vann Niagara Ltd. |
| 2003-09-03 |
Decision on motion to extend time, to serve and file the respondents' factum, record and book of authorities to Sept. 5/03; and that the respondent may present oral argument at the hearing of the appeal pursuant to Rule 71(3), Bi Granted |
|
| 2003-09-03 | Submission of motion to extend time, Bi | |
| 2003-09-03 | Response to motion to extend time, (Letter Form), consent, Completed on: 2003-09-03 | The Corporation of the Town of Oakville |
| 2003-09-03 | Motion to extend time, to file the Respondent's Record Factum and Authorities to Sept 5, 2003, Completed on: 2003-09-03 | Vann Niagara Ltd. |
| 2003-09-02 | Discontinuance of motion to adduce new evidence, and Consent | The Corporation of the Town of Oakville |
| 2003-08-29 | Notice of hearing sent to parties | |
| 2003-08-28 |
Appeal hearing scheduled, 2003-11-13 Judgment rendered |
|
| 2003-08-25 | Response to motion to extend time, (Letter Form), (fax), Completed on: 2003-08-25 | The Corporation of the Town of Oakville |
| 2003-08-25 | Motion to extend time, to serve and file the respondent factum, record and book of authorities to Sept. 5/03.(see amended motion filed on 09/03/03), Completed on: 2003-08-25 | Vann Niagara Ltd. |
| 2003-08-07 | Book of authorities, (3 copies), Completed on: 2003-08-07 | Vann Niagara Ltd. |
| 2003-08-07 | Motion to adduce new evidence, (3 copies), Completed on: 2003-08-07 | Vann Niagara Ltd. |
| 2003-08-06 | Appeal perfected for hearing | |
| 2003-07-09 | Correspondence received from, John Crossingham re: hearing date | Vann Niagara Ltd. |
| 2003-06-02 | Appellant's book of authorities, Completed on: 2003-06-12 | The Corporation of the Town of Oakville |
| 2003-06-02 | Appellant's factum, Completed on: 2003-06-12 | The Corporation of the Town of Oakville |
| 2003-05-27 | Appellant's record, Vol. I to VI, Completed on: 2003-06-12 | The Corporation of the Town of Oakville |
| 2003-03-14 | Notice of constitutional question(s) | The Corporation of the Town of Oakville |
| 2003-03-11 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2003-03-11 |
Decision on the motion to state a constitutional question, CJ, 1. Does s. 2(5)(a) of the Town of Oakville By-law No. 1994-142 infringe the right to freedom of expression guaranteed by section 2(b) 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? Granted |
|
| 2003-03-10 | Submission of motion to state a constitutional question, CJ | |
| 2003-02-28 | Notice of appeal, Completed on: 2003-02-28 | The Corporation of the Town of Oakville |
| 2003-02-28 | Response to the motion to state a constitutional question, Completed on: 2003-02-28 | Vann Niagara Ltd. |
| 2003-02-28 | Motion to state a constitutional question, 4 copies, Completed on: 2003-02-28 | The Corporation of the Town of Oakville |
| 2003-02-03 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-01-31 | Judgment on leave sent to the parties | |
| 2003-01-30 |
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 C36773, dated June 14, 2002, is granted with costs to the applicant in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2002-12-16 | All materials on application for leave submitted to the Judges, G Ma Arb | |
| 2002-11-18 | Applicant's reply to respondent's argument, Completed on: 2002-11-18 | The Corporation of the Town of Oakville |
| 2002-11-13 | Order on motion to extend time | |
| 2002-11-13 |
Decision on motion to extend time, Reg, to serve and file the respondent's response to November 8, 2002. Granted |
|
| 2002-11-13 | Submission of motion to extend time, Reg | |
| 2002-11-07 | Response to motion to extend time, (1 copy), Completed on: 2002-11-07 | The Corporation of the Town of Oakville |
| 2002-11-07 | Motion to extend time, to serve and file the response to Nov. 8/02, Completed on: 2002-11-07 | Vann Niagara Ltd. |
| 2002-11-07 | Respondent's response on the application for leave to appeal, (new covers requested - style of cause / rec'd Nov. 13/02), Completed on: 2002-11-07 | Vann Niagara Ltd. |
| 2002-11-06 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2002-09-13 | Application for leave to appeal, (Vol. I & II), Completed on: 2002-11-06 | The Corporation of the Town of Oakville |
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 |
|---|---|---|
| The Corporation of the Town of Oakville | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Vann Niagara Ltd. | Respondent | Active |
Counsel
Party: The Corporation of the Town of Oakville
Counsel
Barnet H. Kussner
Kim A. Mullin
1600 - 2 First Canadian Place
PO Box 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 365-1110
FAX: (416) 365-1876
Email: grustdeye@weirfoulds.com
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Vann Niagara Ltd.
Counsel
200 - 63 Church Street
P.O. Box 307
St. Catharines, Ontario
L2R 6V2
Telephone: (905) 641-1621
FAX: (905) 685-1461
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.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
24147/00
Application for declaration by-law unconstitutional dismissed
Court of Appeal for Ontario
C36773
Appeal allowed, judgment set aside, by-law declared invalid in part, declaration suspended for six months
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.
Downloadable PDFs
Not available
Related links
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
Not available