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.
29677
Colleen Pritchard v. Ontario Human Rights Commission
(Ontario) (Civil) (By Leave)
(Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2007-01-26 | Record returned to the Registrar of the Court of Appeal, sealed envelope | |
| 2004-07-13 | Appeal closed | |
| 2004-06-15 | Record returned to the Registrar of the Court of Appeal | |
| 2004-06-10 | Certificate of taxation issued to, Gowlings | |
| 2004-06-04 | Decision on the bill of costs, taxed at the amount of $358.55, Reg | |
| 2004-05-26 | Submission of the bill of costs, Reg | |
| 2004-05-17 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-05-14 |
Written reasons rendered after oral judgment, Ia Ma Ba Bi LeB De F, The appeal from the judgment of the Court of Appeal for Ontario, Number C38105, dated January 29, 2003, was heard on March 23, 2004 and on that day the following judgment was rendered: Iacobucci J. (orally) — The Court is ready to pronounce judgment. We are all of the view to dismiss the appeal with no order as to costs. Reasons to follow. On this day reasons were delivered and the judgment was restated as follows: The appeal is dismissed and the decision of the Ontario Court of Appeal is confirmed. There is no order for costs as against the parties before this Court. Any order of costs pertaining to the judicial review should properly be considered by the Divisional Court undertaking the review. Dismissed, no order as to costs |
|
| 2004-05-05 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-04-19 | Correspondence (sent by the Court) to, (by fax re: nothing more is required) | |
| 2004-04-14 | Correspondence received from, H.S. Brown, Q.C. re: in response to G. Sanson's letter of April 6/04 | Ontario Human Rights Commission |
| 2004-04-06 | Correspondence received from, G. Sanson re: urgent matter occurring after the oral hearing (by fax) | Colleen Pritchard |
| 2004-03-30 | Transcript received, (44 pages) | |
| 2004-03-30 | Reply to the bill of costs, (Letter Form), H. Brown dated March 30, 2004, Completed on: 2004-03-30 | Ontario Human Rights Commission |
| 2004-03-26 | Correspondence received from, from Mrs. Sanson rec'd Apr. 7/04 re: documents relating to the Commission's Record of Proceedings | Colleen Pritchard |
| 2004-03-25 | Correspondence received from, G. Sanson dated March 10, 2004 (fax copy) re: further to her letter dated March 26, 2004 | Colleen Pritchard |
| 2004-03-25 | Response to the bill of costs, (Letter Form), G. Sanson dated March 26, 2004 (fax copy), Completed on: 2004-03-25 | Colleen Pritchard |
| 2004-03-23 | Judgment reserved OR rendered with reasons to follow | |
| 2004-03-23 |
Judgment on the appeal rendered, Reason rendered on May 14/04, Ia Ma Ba Bi LeB De F, The appeal from the judgment of the Court of Appeal for Ontario, Number C38105, dated January 29, 2003, was heard this day and the following judgment was rendered: Iacobucci J. (orally) --The Court is ready to pronounce judgment. We are all of the view to dismiss the appeal with no order as to costs. Reasons to follow. Dismissed, no order as to costs |
|
| 2004-03-23 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2004-03-23 | Book of authorities, Condensed Book of authorities (14 copies), Completed on: 2004-03-23 | Canadian Human Rights Commission |
| 2004-03-23 | Respondent's condensed book, 14 copies | Ontario Human Rights Commission |
| 2004-03-23 |
Hearing of the appeal, 2004-03-23, Ia Ma Ba Bi LeB De F Judgment rendered |
|
| 2004-03-22 | Appellant's condensed book, 14 copies | Colleen Pritchard |
| 2004-03-18 | Reply to miscellaneous motion, (Letter Form), from Mark Hart (by fax)(sent to the Court 03/18/04), Completed on: 2004-03-18 | Colleen Pritchard |
| 2004-03-17 | Response to miscellaneous motion, (Letter Form), from Henry S. Brown, Q.C. dated 03/17/04(sent to the Court on 03/18/04), Completed on: 2004-03-17 | Ontario Human Rights Commission |
| 2004-03-17 | Notice of appearance, Aaron L. Berg will be present at hearing. | Manitoba Human Rights Commission |
| 2004-03-15 | Bill of costs, (on motion decided on Feb. 17, 2004), Completed on: 2004-06-14 | Ontario Human Rights Commission |
| 2004-03-15 | Notice of appearance, Ms. Andrea Wright and Ms. Monette Maillet will be present at hearing. | Canadian Human Rights Commission |
| 2004-03-15 | Notice of appearance, Leslie M. McIntosh will be present at hearing. | Attorney General of Ontario |
| 2004-03-12 | Notice of miscellaneous motion, to file a supplementary appellant's record (bookform)(sent to the Court on 03/18/04), Completed on: 2004-03-12 | Colleen Pritchard |
| 2004-03-12 | Supplemental document, Supplementary Appellant's Record (see motion)(sent to the Court 03/18/04) | Colleen Pritchard |
| 2004-03-09 | Notice of appearance, Ms. Geri Sanson and Mr. Mark Hart will be present at hearing. | Colleen Pritchard |
| 2004-03-09 | Notice of appearance, Mr. Christopher Rupar will be present at hearing. | Attorney General of Canada |
| 2004-02-27 |
Order by, Ma, UPON APPLICATIONS by the Attorney General of Canada, the Attorney General of Ontario, the Canadian Human Rights Commission and the Manitoba Human Rights Commission, for leave to intervene in the above appeal and pursuant to the order of January 22, 2004; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2004-02-23 | Intervener's factum, Completed on: 2004-02-23 | Manitoba Human Rights Commission |
| 2004-02-23 | Book of authorities, Completed on: 2004-02-23 | Attorney General of Ontario |
| 2004-02-23 | Intervener's factum, Completed on: 2004-02-23 | Attorney General of Ontario |
| 2004-02-20 | Book of authorities, Vol. I & II, Completed on: 2004-02-20 | Attorney General of Canada |
| 2004-02-20 | Intervener's factum, Completed on: 2004-02-20 | Attorney General of Canada |
| 2004-02-19 | Book of authorities, Completed on: 2004-02-19 | Canadian Human Rights Commission |
| 2004-02-19 | Intervener's factum, Completed on: 2004-02-19 | Canadian Human Rights Commission |
| 2004-02-19 | Respondent's record, (supplemental)(sealed)(see order) - 14 copies (sent to the judges Feb. 20/04), Completed on: 2004-02-19 | Ontario Human Rights Commission |
| 2004-02-17 | Order on miscellaneous motion, (BY BINNIE J.) | |
| 2004-02-17 |
Decision on miscellaneous motion, Bi, 1) The appellant's motion for access to a copy of the sealed legal opinion is dismissed with costs. 2) The respondent's motion allowing counsel for the respondent to include the legal opinion at issue in this appeal in a sealed envelope for possible review by the Court (if the Court should think fit), is granted without costs. Allowed in part |
|
| 2004-02-17 | Submission of miscellaneous motion, Bi | |
| 2004-02-09 | Correspondence received from, E. Meehan dated Feb. 9, 2004 re: enclosing the affidavit of Mindy Noble in book form | Colleen Pritchard |
| 2004-02-09 | Reply to miscellaneous motion, re: motion filed on Jan. 23, 2004, Completed on: 2004-02-09 | Colleen Pritchard |
| 2004-02-06 | Respondent's record, Completed on: 2004-02-06 | Ontario Human Rights Commission |
| 2004-02-06 | Correspondence received from, H. Brown dated Feb. 6, 2004 (fax copy) re: in reply to E. Meehan's letter dated Feb. 5, 2004 (sent to the judges March 10/04) | Ontario Human Rights Commission |
| 2004-02-06 | Appeal perfected for hearing | |
| 2004-02-05 | Correspondence received from, E. Meehan dated Feb. 5, 2004 re: in response to H. Brown's letter dated Feb. 3, 2004 (a formal motion should be requested) (sent to the judges March 10/04) | Colleen Pritchard |
| 2004-02-04 | Respondent's book of authorities, Completed on: 2004-02-04 | Ontario Human Rights Commission |
| 2004-02-04 | Respondent's factum, Completed on: 2004-02-04 | Ontario Human Rights Commission |
| 2004-02-03 | Correspondence received from, H. Brown dated Feb. 3, 2004 in book form (changes in the record) 10 copies (sent to the judges March 10/04) | Ontario Human Rights Commission |
| 2004-02-02 | Response to miscellaneous motion, 3 copies - book form (response to the motion filed on Jan. 23, 2004), Completed on: 2004-02-02 | Ontario Human Rights Commission |
| 2004-01-26 | Notice of miscellaneous motion, to seal the sealed envelope forwarded from the Ontario Court of Appeal with the record, Completed on: 2004-01-30 | Ontario Human Rights Commission |
| 2004-01-23 | Notice of miscellaneous motion, (for an order for access to a copy of the sealed legal opinion), Completed on: 2004-01-23 | Colleen Pritchard |
| 2004-01-22 | Order on motion for leave to intervene, (BY MAJOR J.) | |
| 2004-01-22 |
Decision on the motion for leave to intervene, Ma, The motion for leave to intervene of the applicant, the Canadian Human Rights Commission, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before February 23, 2004. The motion for leave to intervene of the applicant, the Manitoba Human Rights Commission, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before February 23, 2004. The motion for leave to intervene of the applicant, the Attorney General of Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before February 23, 2004. The motion to extend the time to apply for leave to intervene and the motion for leave to intervene of the applicant, the Attorney General of Ontario, are granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before February 23, 2004. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. Granted |
|
| 2004-01-22 | Submission of motion for leave to intervene, Ma | |
| 2004-01-21 | Response to the motion for leave to intervene, (Letter Form), from Gowlings dated Jan. 21, 2004 (via e-mail) re: interventions par CHRC, MHRC, Canada, Completed on: 2004-01-21 | Ontario Human Rights Commission |
| 2004-01-19 | Response to the motion for leave to intervene, by A.G. of Ontario, Completed on: 2004-01-19 | Colleen Pritchard |
| 2004-01-19 | Response to the motion for leave to intervene, by CHRC, MHRC and A.G. Canada, Completed on: 2004-01-19 | Colleen Pritchard |
| 2004-01-13 | Motion to extend time, to file the motion to intervene of A.G. Ontario to Jan. 13, 2004 (joint), Completed on: 2004-01-13 | Attorney General of Ontario |
| 2004-01-13 | Motion for leave to intervene, (joint with extension) - 2 copies, Completed on: 2004-01-13 | Attorney General of Ontario |
| 2004-01-12 | Response to the motion for leave to intervene, (Letter Form), from Gowlings dated Jan. 12, 2004 (via e-mail) re: intervention by A.G. Canada, Completed on: 2004-01-12 | Ontario Human Rights Commission |
| 2004-01-12 | Motion for leave to intervene, to file a factum and present oral argument, Completed on: 2004-01-12 | Attorney General of Canada |
| 2004-01-09 | Motion for leave to intervene, (book form), Completed on: 2004-01-09 | Canadian Human Rights Commission |
| 2004-01-08 | Motion for leave to intervene, Completed on: 2004-01-08 | Manitoba Human Rights Commission |
| 2003-12-15 | Appellant's record, (Volumes I to III), Completed on: 2003-12-15 | Colleen Pritchard |
| 2003-12-15 | Appellant's factum, Completed on: 2003-12-15 | Colleen Pritchard |
| 2003-12-12 | Appellant's book of authorities, Completed on: 2003-12-12 | Colleen Pritchard |
| 2003-11-24 | Notice of hearing sent to parties | |
| 2003-11-20 |
Appeal hearing scheduled, 2004-03-23, (Previously Mar. 26/04) Judgment rendered |
|
| 2003-09-26 | Notice of appeal, Completed on: 2003-09-26 | Colleen Pritchard |
| 2003-09-18 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-09-12 | Appeal court record, (1 box) + 1 large SEALED envelope rec'd Nov. 28/03 | |
| 2003-09-04 | Correspondence received from, G. Sanson dated Sept. 4, 2003 (fax copy) re: all correspondance should be directed to him | Colleen Pritchard |
| 2003-08-29 | Judgment on leave sent to the parties | |
| 2003-08-28 |
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 C38105, dated January 29, 2003, 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 |
|
| 2003-07-14 | All materials on application for leave submitted to the Judges, Ia Bi LeB | |
| 2003-05-08 | Book of authorities, suppl. | Colleen Pritchard |
| 2003-05-08 | Applicant's reply to respondent's argument, Completed on: 2003-05-08 | Colleen Pritchard |
| 2003-05-07 | Order on motion to extend time | |
| 2003-05-07 |
Decision on motion to extend time, to serve and file the respondent's response to Apr. 29/03, Reg Granted |
|
| 2003-05-07 | Submission of motion to extend time, Reg | |
| 2003-05-05 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-05-02 | Response to motion to extend time, (included in the motion), Completed on: 2003-05-02 | Colleen Pritchard |
| 2003-05-02 | Motion to extend time, to file the response to April 29, 3003, Completed on: 2003-05-02 | Ontario Human Rights Commission |
| 2003-05-01 | Book of authorities | Ontario Human Rights Commission |
| 2003-04-29 | Respondent's response on the application for leave to appeal, Completed on: 2003-04-29 | Ontario Human Rights Commission |
| 2003-04-09 | Correspondence received, from the A.G. for Ontario re: will not seek leave to intervene on the application for leave | |
| 2003-03-26 | Book of authorities | Colleen Pritchard |
| 2003-03-26 | Application for leave to appeal, (new covers rec'd Apr. 10/03), Completed on: 2003-05-05 | Colleen Pritchard |
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 |
|---|---|---|
| Pritchard, Colleen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ontario Human Rights Commission | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Human Rights Commission | Intervener | Active |
| Manitoba Human Rights Commission | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
Counsel
Party: Pritchard, Colleen
Counsel
Mark Hart
120 Carlton Street, Suite 302
Toronto, Ontario
M5A 4K2
Telephone: (416) 413-0600
FAX: (416) 413-1699
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: Ontario Human Rights Commission
Counsel
Anthony Griffin
Legal Services Branch
180 Dundas Street West, 8th Floor
Toronto, Ontario
M7A 2R9
Telephone: (416) 326-9858
FAX: (416) 326-9867
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: Canadian Human Rights Commission
Counsel
Monette Maillet
344 Slater Street
Ottawa, Ontario
K1A 1E1
Telephone: (613) 943-9092
FAX: (613) 993-3089
Email: andrea.wright@chrc-ccdp.ca
Party: Manitoba Human Rights Commission
Counsel
Sean D. Boyd
Manitoba Justice
730 - 415 Broadway Avenue
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2851
FAX: (204) 948-2826
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
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Agent
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: Attorney General of Ontario
Counsel
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
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.
The Appellant was terminated from her employment with Sears Canada Inc. in July 1996. In early 1997 she filed a human rights complaint alleging that she had been subjected to gender discrimination and sexual harassment during her employment, and that she had been subjected to reprisal for exercising her rights under the Human Rights Code, R.S.O. 1990, c. H.19 (the "Code").
On January 20, 1998, the Commission decided pursuant to s. 34(1)(b) of the Code not to deal with most of the Appellant's complaint. The Commission was of the view that the Appellant had acted in bad faith because she signed a release which expressly released claims under the Code. The Commission dismissed an application for reconsideration made under s. 37 of the Code.
The Appellant commenced an application for judicial review of the Commission's decisions. The Commission did not defend the application, and had offered to settle the matter, despite the opposition of Sears Canada Inc. The Superior Court of Justice, Divisional Court, quashed the Commission's decisions, finding that the Commission had misinterpreted the meaning of "bad faith", and had applied the wrong criteria in its reconsideration. The matter was remitted back to the Commission for a redetermination under s. 34 of the Code. An appeal by Sears Canada Inc. was dismissed. In its consideration of the complaint anew, the Commission again exercised its discretion under 34(1)(b) of the Code not to deal with most of the Appellant's complaint, in a decision that was strikingly similar to the first. The Appellant brought a second application for judicial review against the decision, and also requested production of various documents including a legal opinion provided to the Commissioners. The Commission refused the request for documents, and the Appellant brought a motion requesting "all information - both oral and written - which was placed before the Commission for its consideration of her complaint which resulted in the Commission's decision under s. 34(1)(b) of the Code".
The Superior Court of Justice, Divisional Court, granted the Appellant's motion and ordered production of all the documents, including the legal opinion which had been prepared by in-house counsel for the Commission. A three-judge panel of the Divisional Court was asked to review the decision on the sole issue of the production of the legal opinion, and it confirmed the motions judge's Order. Neither of the lower courts were provided with a copy of the legal opinion at issue. On appeal to the Court of Appeal for Ontario on the issue of whether the legal opinion must be produced, the Court allowed the appeal, set aside the lower court orders, and ordered that the copies of the legal opinion which had been filed with the appellate court, be sealed.
Lower court rulings
Divisional Court of Ontario
21/2001
Motion for an order setting aside the decision, dismissed
Court of Appeal for Ontario
C38105
Appeal allowed; order of MacFarland J. set aside as it relates to the production of the legal opinion
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