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.
29949
H.L. v. Attorney General of Canada
(Saskatchewan) (Civil) (By Leave)
(Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2007-01-30 | Appeal closed | |
| 2007-01-30 | Discontinuance of the bill of costs, (Letter Form), from J. Beedell dated Jan. 39, 0207 (fax copy) | H.L. |
| 2006-11-17 | Correspondence received from, J. Beedell dated Nov. 17, 2006 (fax copy) re: requesting to hold the taxation - may be settle | H.L. |
| 2006-11-16 | Response to the bill of costs, Completed on: 2006-11-16 | Attorney General of Canada |
| 2006-11-07 | Bill of costs, Completed on: 2006-11-07 | H.L. |
| 2005-11-29 | Payment out cheque issued, ($522.44) | |
| 2005-11-10 | Approved order for payment out, sent to Finance Nov. 14/05 (on consent) | |
| 2005-06-16 | Record returned to the Registrar of the Court of Appeal | |
| 2005-05-02 | Judgment and notice of deposit of judgment sent to all parties (re-hearing) | |
| 2005-05-02 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-04-29 |
Judgment on re-hearing rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Saskatchewan Court of Appeal, Number 336, dated December 2, 2002, heard on December 13, 2004, is allowed in part, with costs, Bastarache, LeBel, Deschamps and Charron JJ. dissenting in part. The trial judge's award of pecuniary damages for loss of past earnings is restored but reduced to reflect the time the appellant spent in prison and the social assistance he received during the period covered by the award. In the absence of an agreement between the parties as to the amounts involved, they are to be fixed on an application by either party to the trial court. The appeal should be dismissed with respect to the trial judge's award of damages for loss of future earnings. Allowed in part, with costs |
|
| 2005-01-04 | Correspondence received from, Mr. Hornsberger re: if Jan. 21/05 goes ahead, he wishes to appear by video conference. | Attorney General for Saskatchewan |
| 2004-12-21 | Correspondence received from, Lang Michener re: available on short notice Jan. 21/05 | H.L. |
| 2004-12-13 | Judgment reserved on re-hearing | |
| 2004-12-13 |
Re-hearing of the appeal, 2004-12-13, CJ Ma Ba Bi LeB De F Abe Cha Decision reserved |
|
| 2004-12-13 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-12-10 | Correspondence received from, Mr. Merchant re: rehearing - he is available Jan. 21/04. | H.L. |
| 2004-12-10 |
Judgment on the appeal rendered, Iacobucci J. took no part in the judgment., Ia Ma Ba Bi LeB De F, A re-hearing is ordered. On the consent of the parties, the Court will rehear the appeal by reviewing the transcript and viewing the videotape of the hearing held on May 13, 2004. Should any questions arise during the rehearing, an oral hearing will be held to allow counsel to present submissions in response to the questions from the Court. Rehearing ordered |
|
| 2004-12-09 | Correspondence received from, Mrs. Levine re: rehearing - AGCan available Jan. 21/05 - cc. to all parties | Attorney General of Canada |
| 2004-12-08 | Correspondence received from, Mr. Hornsberger re: rehearing - AGSask available Jan. 21/05 and would prefer by video-conference - cc. to all parties | Attorney General for Saskatchewan |
| 2004-12-07 |
Re-hearing scheduled, 2004-12-13 Decision reserved |
|
| 2004-11-29 | Correspondence received from, AGSask re: re-hearing (conditionnal consent) | Attorney General for Saskatchewan |
| 2004-11-25 | Correspondence received from, R. Levine dated Nov. 25/04 re: re-hearing | Attorney General of Canada |
| 2004-11-24 | Correspondence received from, Merchant Law Group dated Nov. 22/04 re: re-hearing (conditional consent) | H.L. |
| 2004-11-16 | Correspondence (sent by the Court) to, parties (re: rehearing procedure) | |
| 2004-05-27 | Transcript received, (59 pages) | |
| 2004-05-14 | Correspondence received from, Lang Michener will act as agent | H.L. |
| 2004-05-13 | Judgment reserved OR rendered with reasons to follow | |
| 2004-05-13 |
Hearing of the appeal, 2004-05-13, Ia Ma Ba Bi LeB De F Judgment reserved |
|
| 2004-05-13 | Supplemental document, (Act respecting a Court of Appeal for Saskatchewan) | Attorney General for Saskatchewan |
| 2004-05-13 | Respondent's condensed book, rec'd 14 copies in Court | Attorney General of Canada |
| 2004-05-13 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2004-05-03 | Notice of appearance, from Lang Michener | H.L. |
| 2004-04-28 | Notice of appearance, Barry J. Hornsberger, Q.C. will be present at hearing. | Attorney General for Saskatchewan |
| 2004-04-26 | Correspondence received from, Mr. Merchant re: in response to request by AGC | H.L. |
| 2004-04-23 |
Order by, F, UPON APPLICATION by the Attorney General for Saskatchewan for leave to intervene in the above appeal and pursuant to the order of March 10, 2004; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Allowed in part |
|
| 2004-04-21 | Correspondence received from, Mr. Hornsberger re: response to AGC's request | Attorney General for Saskatchewan |
| 2004-04-21 | Correspondence received from, Roslyn Levine re: the AGC wish to give some of his time to the Intervener for oral submissions | Attorney General of Canada |
| 2004-04-08 | Intervener's factum, Completed on: 2004-04-08 | Attorney General for Saskatchewan |
| 2004-04-08 | Book of authorities, Completed on: 2004-04-08 | Attorney General for Saskatchewan |
| 2004-04-01 | Notice of hearing sent to parties | |
| 2004-03-31 |
Appeal hearing scheduled, 2004-05-13 Judgment reserved |
|
| 2004-03-17 |
Decision on miscellaneous motion, to accept the appellant's record as filed, namely printed on the right hand side, Reg Granted |
|
| 2004-03-17 | Submission of miscellaneous motion, Reg | |
| 2004-03-10 | Order on motion for leave to intervene, (BY ARBOUR J.) | |
| 2004-03-10 |
Decision on the motion for leave to intervene, Arb, The motion for leave to intervene of the applicant, the Attorney General for Saskatchewan, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before April 8, 2004. The request to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener 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 intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. Granted |
|
| 2004-03-10 | Submission of motion for leave to intervene, Arb | |
| 2004-02-20 | Notice of miscellaneous motion, (record printed on right side), Completed on: 2004-03-23 | H.L. |
| 2004-02-12 | Appeal perfected for hearing | |
| 2004-02-11 | Respondent's record, (Volume 1 and 2), Completed on: 2004-02-11 | Attorney General of Canada |
| 2004-02-11 | Respondent's book of authorities, Completed on: 2004-02-11 | Attorney General of Canada |
| 2004-02-11 | Respondent's factum, Completed on: 2004-02-11 | Attorney General of Canada |
| 2004-02-10 | Response to miscellaneous motion, (Letter Form), from R. Levine dated Feb. 10, 2004 (fax copy), Completed on: 2004-02-10 | Attorney General of Canada |
| 2004-02-10 | Supplemental document, (discontinuance of the cross-appel) | Attorney General of Canada |
| 2004-01-20 | Response to the motion for leave to intervene, (Letter Form), from R. Levine dated Jan. 20, 2004 (fax copy), Completed on: 2004-01-20 | Attorney General of Canada |
| 2004-01-16 | Motion for leave to intervene, Completed on: 2004-01-16 | Attorney General for Saskatchewan |
| 2003-12-18 | Appellant's book of authorities, (Table of Contents rec'd Feb. 20/04), Completed on: 2004-02-23 | H.L. |
| 2003-12-18 | Appellant's record, (Volumes I to III) C.A. Order requested, Completed on: 2004-05-11 | H.L. |
| 2003-12-18 | Appellant's factum, Completed on: 2003-12-18 | H.L. |
| 2003-11-20 | Appeal court record, (1 box) | |
| 2003-11-07 | Supplemental document, 1 copy of judgments of Queen's Bench and order dated May 10, 2001 and Aug. 9, 2001 | H.L. |
| 2003-11-07 | Notice of deposit for security, no. 2647 | H.L. |
| 2003-10-30 | Correspondence received from, A. Merchant dated Oct. 27, 2003 re: requesting to proceed with the appeal without hiring an Ottawa agent (granted by the Registrar on Oct. 31, 2003) | H.L. |
| 2003-10-22 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2003-09-29 | Notice of cross appeal, Completed on: 2003-09-29 | Attorney General of Canada |
| 2003-09-25 | Notice of appeal, Completed on: 2003-11-10 | H.L. |
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 |
|---|---|---|
| H.L. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General for Saskatchewan | Intervener | Active |
Counsel
Party: H.L.
Counsel
Jeff Daigle
Graham Neill
100 - 2401 Saskatchewan Drive
Regina, Saskatchewan
S4P 4H8
Telephone: (306) 359-7777
FAX: (306) 522-3299
Email: emerchant@mlg.saskatoon.sk.ca
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: Attorney General of Canada
Counsel
Mark Kindrachuk
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
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
Party: Attorney General for Saskatchewan
Counsel
Thomson Irvine
Civil Law Division
9th Floor, 1874 Scarth Street
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-5462
FAX: (306) 787-0581
Email: bhornsberger@justice.gov.sk.ca
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
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.
An action for sexual battery was brought by H.L., a former resident of Gordon’s Indian Reserve, against William Starr and the Government of Canada. On two occasions in 1975 or thereabouts, when Mr. H.L. was in his early teens, he was subjected to acts of masturbation by Mr. Starr, who was then employed on the Reserve by the Federal Department of Indian Affairs and Northern Development.
At that time the Department operated an elementary school and a student residence on the Reserve. They were known as “Gordon’s Day School” and “Gordon’s Student Residence.” Mr. Starr was the Residence Administrator. In addition to performing the duties of that office, he undertook with the approval of the Department to organize and take part in several programs of extracurricular activity for the students and other children living on the Reserve. It was this that brought him into contact with Mr. H.L.
Mr. H.L. was not then a student of Gordon’s Day School, nor was he a resident of Gordon’s Student Residence. He lived at home on the Reserve and attended school in the nearby Town of Punnichy. After school, however, he took part in a boxing program run by Mr. Starr out of the gymnasium attached to the School. It was during his participation in this program that the two acts of masturbation occurred.
As a result of those acts, which had occurred more than twenty years earlier, the trial judge, Mr. Justice Klebuc, granted Mr. H.L. judgment against both Mr. Starr and the Government of Canada. He effectively awarded Mr. H.L. $407,129.09, made up of: (I) $80,000.00 in damages for years of emotional distress, (ii) $296,527.09 in damages for a working-lifetime loss of earning capacity, and (iii) $30,665.00 in estimated pre-judgment interest. On appeal and cross-appeal, the Court of Appeal dismissed the Attorney General of Canada’s appeal as it related to vicarious liability and the $80,000 award in non-pecuniary damages stood, but allowed the appeal in relation to awards of damages for loss of earning capacity, past and future and pre-judgment interest. Mr. H.L.’s cross-appeal was dismissed except as it related to awarding $6,500 damages for future care.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
2001 SKQB 233
Action for damages for sexual battery - Judgment for non-pecuniary damages of $60,000; aggravated damages $20,000; loss of past earning capacity $117,337.09 and loss of future earning capacity of $179,190 against the Attorney General of Canada...
Court of Queen’s Bench of Saskatchewan
2001 SKQB 233
Supplementary reasons awarding Appellant pre-judgment interest
Court of Appeal for Saskatchewan
336
Attorney General's appeal dismissed as it relates to vicarious liability- $80,000 award in non-pecuniary damages stands; Appeal allowed in relation to awards of damages for loss of earning capacity, past and future and pre-judgment interest;...
Court of Appeal for Saskatchewan
336
Leave to appeal to Supreme Court of Canada granted
Memorandums of argument on application for leave to appeal
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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.
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