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29879

The Association for Marriage and the Family in Ontario, et al. v. Hedy Halpern and Colleen Rogers, 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)
2003-10-17 Close file on Leave
2003-10-16 Judgment on leave sent to the parties
2003-10-09 Decision on the miscellaneous motion, Re: Quash and Motions to be added as parties., CJ Ia Ma Ba Bi, The motions to quash the leave applications are granted.

The motions to be added as parties are dismissed.
Granted
2003-10-08 Decision on motion to extend time, to serve and file the applicant's response to the motions to quash to Sept. 15/03
Granted
2003-10-08 Submission of motion to extend time, DeRg
2003-10-06 Hearing of miscellaneous motion, 2003-10-06, CJ Ia Ma Ba Bi
Decision reserved
2003-10-06 Supplemental document, Joint Book of Oral Extracts Hedy Halpern and Colleen Rogers
2003-10-01 Correspondence received, P. MacEachern dated Oct. 1, 2003 (fax copy) re: status of Egale (original received on Oct. 7, 2003)
2003-10-01 Correspondence received, P. MacEachern dated Sept. 30, 2003 (fax copy) re: requesting oral hearing on the motion to be heard on Oct. 6, 2003 (original received on Oct. 7, 2003)
2003-09-30 Correspondence received, Notice of Appearance of Association for Marriage
2003-09-30 Correspondence received from, T. Morris dated Sept. 29, 2003 re: enclosing authorities, corrigendum and corrected Parts VI of the motion (sent to the judges on Oct. 3, 2003) Metropolitan Community Church of Toronto
2003-09-30 Book of authorities, 15 copies (sent to the judges on Oct. 3, 2003) Metropolitan Community Church of Toronto
2003-09-29 Supplemental document, (Supplementary Book of Authorities re: Motion to Quash) (sent to the judges Oct. 1/03) The Association for Marriage and the Family in Ontario
2003-09-29 Correspondence received, Notice of Appearance of A.G.O re: will not be participating in the Hearing of Oct. 6/03
2003-09-29 Correspondence received, Notice of Appearance of A.G.C.
2003-09-29 Notice of miscellaneous motion, (cross-motion in the alternative to its motion to be added as a party - that Evangelical Fellowship and Catholic Civil Rights be added as parties) - book form - 3 copies, Completed on: 2003-09-30 The Association for Marriage and the Family in Ontario
2003-09-29 Notice of miscellaneous motion, (to file suppl. affidavit of John McKay) - book form - 3 copies (re: leave application), Completed on: 2003-09-30 The Association for Marriage and the Family in Ontario
2003-09-24 Correspondence received, Notice of Appearance of Metropotitan Community
2003-09-23 Correspondence received, from Gowlings re: List of reference
2003-09-23 Correspondence received, Notice of Appearance of Halpern et al.
2003-09-23 Correspondence received, from L. Mendelson re: Novina Wong will not be participating in the hearing of Oct. 6/03
2003-09-23 Correspondence received, Notice of Appearance of Interfaith Coalition
2003-09-22 Reply to miscellaneous motion, (Letter Form), G. Sinclair dated Sept. 19/03 (by fax) re: reply to Interfaith Coalition's response (sent to the judges Sept. 22/03), Completed on: 2003-09-22 Attorney General of Canada
2003-09-15 Book of authorities, re: leave and stay (service and 1 more copy requested) The Interfaith Coalition on Marriage and Family
2003-09-15 Motion to extend time, to file the response to the motions to quash to Sept. 15, 2003 (book form), Completed on: 2003-09-15 The Interfaith Coalition on Marriage and Family
2003-09-15 Response to miscellaneous motion, book form - 15 copies (sent to the judges Sept. 17/03), Completed on: 2003-09-15 The Interfaith Coalition on Marriage and Family
2003-09-09 Submission of miscellaneous motion, 2003-10-06, CJ Ia Ma Ba Bi
Decision reserved
2003-09-05 Notice of miscellaneous motion, to Quash the application for leave filed by the Interfaith Coalition on Marriage and Family, Completed on: 2003-09-05 Attorney General of Canada
2003-09-02 Correspondence received, from Cynthia Petersen counsel for EGALE intervener in the Court of Appeal dated 08/26/03 re supports the motions to quash (sent to the judges Sept. 11/03)
2003-08-29 Correspondence received from, Christine Snow dated 08/29/03 re: intends to respond to each of the motions to quash contemporaneously The Interfaith Coalition on Marriage and Family
2003-08-25 Notice of miscellaneous motion, to Quash the application for leave of the Interfaith Coalition on Marriage and Family (bookform), Completed on: 2003-08-25 Metropolitan Community Church of Toronto
2003-08-25 Reply to miscellaneous motion, to Quash (bookform), Completed on: 2003-09-03 Metropolitan Community Church of Toronto
2003-08-25 Reply to miscellaneous motion, to Quash (bookform), Completed on: 2003-08-25 Attorney General of Canada
2003-08-22 Reply to motion to add or substitute parties, (bookform), Completed on: 2003-08-22 The Association for Marriage and the Family in Ontario
2003-08-21 Notice of miscellaneous motion, to Quash the application for leave of the Interfaith Coalition on Marriage and Family (bookform)(response to the motion to be added as a party included), Completed on: 2003-08-21 Hedy Halpern and Colleen Rogers
2003-08-20 Motion to extend time, (bookform) to file its response to motion to be added as a party and for an order that the motion to quash be considered its response to the motion to be added as a party, Completed on: 2003-08-20 Metropolitan Community Church of Toronto
2003-08-19 Motion to extend time, (bookform), Completed on: 2003-08-19 Attorney General of Canada
2003-08-19 Response to motion to add or substitute parties, (bookform), Completed on: 2003-08-19 Attorney General of Canada
2003-08-19 Book of authorities, re: response to motion to Quash The Association for Marriage and the Family in Ontario
2003-08-19 Response to miscellaneous motion, to Quash by the A.G. of Canada, the Applicant Couples and Metropolitan Community Church of Toronto (bookform, 5 copies), Completed on: 2003-08-19 The Association for Marriage and the Family in Ontario
2003-08-14 Application for leave to appeal, (SECOND application) Vol. I to III (motion to be added as a party included in application) - 3 extra copies rec'd Sept. 24/03, Completed on: 2003-08-14 The Interfaith Coalition on Marriage and Family
2003-08-11 Correspondence received, from Cynthia Petersen counsel for EGALE, intervener in the Court of Appeal dated 08/11/03 re: supports the motions to quash (sent to the judges Sept. 11/03)
2003-08-11 Correspondence received from, Gail Sinclair dated 08/08/03 re: prepared the A.G. of Canada's motion under Rule 47
Attorney General of Canada
2003-08-11 Correspondence received from, Gail Sinclair dated 08/08/03 re: style of cause of A.G. of Canada's motion to Quash in compliance with Rule 22(2) Attorney General of Canada
2003-08-11 Motion to add or substitute parties, (The Association for Marriage and the Family in Ontario as Applicant (bookform, 5 copies), Completed on: 2003-08-11 The Association for Marriage and the Family in Ontario
2003-08-11 Notice of miscellaneous motion, to Quash the application for leave of the Association for Marriage and the Family in Ontario (joint with motion to extend time to file a response on leave)(bookform), Completed on: 2003-08-11 Attorney General of Canada
2003-08-11 Notice of miscellaneous motion, to Quash the application for leave of the Association for the Marriage and the Family in Ontario (bookform), Completed on: 2003-08-26 Metropolitan Community Church of Toronto
2003-08-08 Correspondence received from, Gowlings dated 08/07/03 re: respondents have not responded to the substance of the Association's application and asked for an extension of time in their motion to quash Hedy Halpern and Colleen Rogers
2003-08-07 Notice of miscellaneous motion, to Quash the application for leave of the Association of Marriage and the Family in Ontario (bookform), Completed on: 2003-08-07 Hedy Halpern and Colleen Rogers
2003-07-30 Book of authorities The Association for Marriage and the Family in Ontario
2003-07-30 Motion for a stay of execution, (included in the application), Completed on: 2003-07-30 The Association for Marriage and the Family in Ontario
2003-07-30 Application for leave to appeal, (FIRST application)(joint with motion to stay)(oral hearing requested), Completed on: 2003-09-03 The Association for Marriage and the Family in Ontario

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
The Association for Marriage and the Family in Ontario Applicant Active

v.

Main parties - Respondents
Name Role Status
Hedy Halpern and Colleen Rogers Respondent Active
Michael Leshner and Michael Stark, Aloysius Pittman and Thomas Allworth, Dawn Onishenko and Julie Erbland, Carolyn Rowe and Carolyn Moffatt, Barbara McDowall and Gail Donnelly, and Alison Kemper and Joyce Barnett Respondent Active
Metropolitan Community Church of Toronto Respondent Active
Attorney General of Canada Respondent Active
Attorney General of Ontario Respondent Active
Novina Wong, the Clerk of the City of Toronto Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
The Interfaith Coalition on Marriage and Family Applicant Active

v.

Sub parties (1) - Respondents
Name Role Status
Hedy Halpern and Colleen Rogers Respondent Active
Michael Leshner and Michael Stark, Aloysius Pittman and Thomas Allworth, Dawn Onishenko and Julie Erbland, Carolyn Rowe and Carolyn Moffatt, Barbara McDowall and Gail Donnelly, and Alison Kemper and Joyce Barnett Respondent Active
Metropolitan Community Church of Toronto Respondent Active
Attorney General of Canada Respondent Active
Attorney General of Ontario Respondent Active
Novina Wong, the Clerk of the City of Toronto Respondent Active

Counsel

Party: The Association for Marriage and the Family in Ontario

Counsel
David M. Brown
Stikeman, Elliott
5300 Commerce Ct West
199 Bay Street
Toronto, Ontario
M5L 1B9
Telephone: (416) 869-5602
FAX: (416) 947-0866
Agent
Nicholas Peter McHaffie
Stikeman, Elliott
1600 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 566-0546
FAX: (613) 230-8877
Email: nmchaffie@stikeman.com

Party: The Interfaith Coalition on Marriage and Family

Counsel
Peter R. Jervis
Lerner & Associates
2400 - 130 Adelaide St West
Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 867-3076
FAX: (416) 867-9192
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
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: Hedy Halpern and Colleen Rogers

Counsel
Martha A. McCarthy
Joanna L. Radbord
Epstein, Cole
The Simpson Tower, 32nd Floor
401 Bay Street
Toronto, Ontario
M5H 2Y4
Telephone: (416) 862-9888 Ext: 241
FAX: (416) 862-2142

Party: Michael Leshner and Michael Stark, Aloysius Pittman and Thomas Allworth, Dawn Onishenko and Julie Erbland, Carolyn Rowe and Carolyn Moffatt, Barbara McDowall and Gail Donnelly, and Alison Kemper and Joyce Barnett

Counsel
Martha A. McCarthy
Joanna L. Radbord
Epstein, Cole
The Simpson Tower, 32nd Floor
401 Bay Street
Toronto, Ontario
M5H 2Y4
Telephone: (416) 862-9888 Ext: 241
FAX: (416) 862-2142

Party: Metropolitan Community Church of Toronto

Counsel
R. Douglas Elliott
Victoria Paris
Trent Morris
McGowan Elliott & Kim LLP
1400 - 10 Bay St.
Toronto, Ontario
M5J 2R8
Telephone: (416) 362-1989
FAX: (416) 362-6204
Email: rde@elliottandkim.com
Agent
Marie-France Major
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca

Party: Attorney General of Canada

Counsel
Roslyn J. Levine, Q.C.
Gail Sinclair
Michael H. Harris
Andrea Horton
Attorney General of Canada
130 King Street West, Suite 3400
Exchange Tower, Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-9201
FAX: (416) 973-3004
Email: roslyn.levine@justice.gc.ca
Agent
Graham R. Garton, Q.C.
Attorney General of Canada
234 Wellington Street
East Tower, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca

Party: Attorney General of Ontario

Counsel
Robert Earl Charney
Lisa J. Solmon
Attorney General for Ontario
720 Bay Street
4th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4452
FAX: (416) 326-4015
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Novina Wong, the Clerk of the City of Toronto

Counsel
Leslie Mendelson
Roberto E. Zuech
City of Toronto Legal Department
100 Queen Street West
13th Floor, West Tower, City Hall
Toronto, Ontario
M5H 2N2
Telephone: (416) 392-7246
FAX: (416) 392-1199

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

July 12, 2002
Ontario Superior Court of Justice

39/2001, 684/00

See file

June 10, 2003
Court of Appeal for Ontario

C39172, C39174

See file

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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Webcasts

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Date modified: 2025-02-27