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Case information

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29825

Dimitri Sever, et al. v. The Montreal and Canadian Diocese of the Russian Orthodox Church Outside of Russia Incorporated, et al.

(Ontario) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2004-08-26 Close file on Leave
2004-03-04 Certificate of taxation issued to, E. Williams
2004-03-02 Decision on the bill of costs, taxed at the amount of $337.37, Reg
2004-03-01 Submission of the bill of costs, Reg
2004-01-26 Response to the bill of costs, (Letter Form), from M. J. O'Grady dated Jan. 26, 2004, Completed on: 2004-01-26 Dimitri Sever
2004-01-15 Bill of costs, 1 copy, Completed on: 2004-01-15 The Montreal and Canadian Diocese of the Russian Orthodox Church Outside of Russia Incorporated
2004-01-14 Judgment on leave sent to the parties
2004-01-13 Judgment on leave sent to the parties, (Decision on Motion for Extension of Time)
2004-01-08 Decision on motion to extend time to file and /or serve the leave application, The application for an extension of time to apply for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C36196, dated December 10, 2002, is dismissed with costs. In any event, had such application been granted, the application for leave to appeal from the said judgment would have been dismissed.

Dismissed, with costs
2003-11-24 All materials on application for leave submitted to the Judges, Ia Bi Arb
2003-11-24 Submission of motion to extend time to file and/ or serve the leave application, Ia Bi Arb
2003-10-14 Correspondence received from, Mr. James O'Grady dated Oct. 8/03 with C.A. Order enclosed Dimitri Sever
2003-09-25 Correspondence received from, J. O'Grady dated Sept. 24, 2003 re: formal order should be filed shortly (reached an agreement) Dimitri Sever
2003-09-02 Correspondence received from, J. O'Grady dated Aug. 28, 2003 re: formal order not yet entered Dimitri Sever
2003-08-11 Applicant's reply to respondent's argument, Completed on: 2003-08-14 Dimitri Sever
2003-08-06 Respondent's response on the application for leave to appeal, Completed on: 2003-08-06 Protection of the Holy Virgin Russian Orthodox Church (Outside of Russia) in Ottawa, Incorporated and St. Vladimir's Russian Residence of Ottawa Inc.
2003-07-23 Response to the motion to extend the time to file and / or serve the leave application, (included in the response on leave), Completed on: 2003-07-23 The Montreal and Canadian Diocese of the Russian Orthodox Church Outside of Russia Incorporated
2003-07-23 Respondent's response on the application for leave to appeal, Completed on: 2003-07-23 The Montreal and Canadian Diocese of the Russian Orthodox Church Outside of Russia Incorporated
2003-07-07 Correspondence received from, Eric R. Williams dated 07/07/03 re: will file a response by 08/11/03 The Montreal and Canadian Diocese of the Russian Orthodox Church Outside of Russia Incorporated
2003-07-03 Letter acknowledging receipt of an incomplete application for leave to appeal
2003-06-20 Motion to extend the time to file and or serve the application for leave to appeal, to June 9, 2003 (book form), Completed on: 2003-07-03 Dimitri Sever
2003-06-13 Notice of application for leave to appeal, (revised) Dimitri Sever
2003-06-09 Application for leave to appeal, (official version of judgment of C.A. requested, formal order of C.A. not yet entered)(official version of reasons received on Sept. 2, 2003) (C.A. Order rec'd. Oct. 14/03), Completed on: 2003-10-14 Dimitri Sever

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

Main parties - Appellants
Name Role Status
Sever, Dimitri Applicant Active
The Board of Directors of the Protection of the Holy Virgin Russian Orthodox Church (Outside of Russia) Ottawa, Incorporated being Antole Jozwiak, Alexandre Frolov, Arkadiusz Rydel, Tatiana Pyzhov, Anna Frolov, Lyubov Voskresensky Applicant Active
Iouri Ioganov, Alexander Radstig, Anatoly Iljin, Maria Jozwiak, Yuri Krasnov, Vladimir Litvien and Mark Petrovtsi Applicant Active

v.

Main parties - Respondents
Name Role Status
The Montreal and Canadian Diocese of the Russian Orthodox Church Outside of Russia Incorporated Respondent Active
Protection of the Holy Virgin Russian Orthodox Church (Outside of Russia) in Ottawa, Incorporated and St. Vladimir's Russian Residence of Ottawa Inc. Respondent Active

Counsel

Party: Sever, Dimitri

Counsel
M. James O'Grady, Q.C.
O'Grady & Associate
280-55 Metcalfe Street
Ottawa, Ontario
K1P 6L5
Telephone: (613) 563-2682
FAX: (613) 563-2485

Party: The Board of Directors of the Protection of the Holy Virgin Russian Orthodox Church (Outside of Russia) Ottawa, Incorporated being Antole Jozwiak, Alexandre Frolov, Arkadiusz Rydel, Tatiana Pyzhov, Anna Frolov, Lyubov Voskresensky

Counsel
M. James O'Grady, Q.C.
O'Grady & Associate
280-55 Metcalfe Street
Ottawa, Ontario
K1P 6L5
Telephone: (613) 563-2682
FAX: (613) 563-2485

Party: Iouri Ioganov, Alexander Radstig, Anatoly Iljin, Maria Jozwiak, Yuri Krasnov, Vladimir Litvien and Mark Petrovtsi

Counsel
M. James O'Grady, Q.C.
O'Grady & Associate
280-55 Metcalfe Street
Ottawa, Ontario
K1P 6L5
Telephone: (613) 563-2682
FAX: (613) 563-2485

Party: The Montreal and Canadian Diocese of the Russian Orthodox Church Outside of Russia Incorporated

Counsel
Eric R. Williams
Williams, McEnery
169 Gilmour St
Ottawa, Ontario
K2P 0N8
Telephone: (613) 237-0520
FAX: (613) 237-3163

Party: Protection of the Holy Virgin Russian Orthodox Church (Outside of Russia) in Ottawa, Incorporated and St. Vladimir's Russian Residence of Ottawa Inc.

Counsel
Anne M. Mullins
Augustine Bater Polowin LLP
1100 - 141 Laurier Avenue West
Ottawa, Ontario
K1P 5J3
Telephone: (613) 569-9500
FAX: (613) 569-9522

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

February 5, 2001
Ontario Superior Court of Justice

99-CV-11440

Respondents' application to have by-law amendments made by Applicant Board declared invalid, granted; meeting ordered to elect new Board of Directors

December 10, 2002
Court of Appeal for Ontario

C36196

Appeal allowed in part: Decision of trial judge to declare by-law amendment invalid upheld; Order for meeting to elect new Board set aside

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

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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.

Downloadable PDFs

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Date modified: 2025-02-27