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.
30332
Olga Medovarski v. The Minister of Citizenship and Immigration
(Federal) (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) |
|---|---|---|
| 2007-03-08 | Appeal closed | |
| 2007-03-08 | Certificate of taxation issued to, N. Lemyre (Justice - Canada, Montreal) with a copy of the Registrar's decision | |
| 2007-03-06 |
Decision on the bill of costs, Reg, On November 12, 2004, the application for leave to appeal was granted with costs to the applicant/appellant in any event of the cause. On February 18, 2005, I taxed those costs at $1,270.25. The respondent, however, did not pay the amount due to the applicant/appellant. On September 30, 2005, the Court dismissed the appeal with costs. Accordingly, the respondent filed a bill of cost for the appeal which I would have normally taxed at $4,828.93. However, as s. 83(7) of the Rules of the Supreme Court of Canada allows the Registrar to adjust the costs "when a party who is entitled to receive costs is liable to pay costs to any other party," the costs to the respondent will be taxed at $3,558.48. Allowed in part |
|
| 2007-02-16 | Response to the bill of costs, (Letter Form), from L. Waldman dated Feb. 15, 2007 (fax copy), Completed on: 2007-02-16 | Olga Medovarski |
| 2007-01-22 | Submission of the bill of costs, Reg | |
| 2006-12-20 | Bill of costs, Completed on: 2006-12-20 | The Minister of Citizenship and Immigration |
| 2006-01-10 | Record returned to the Registrar of the Court of Appeal | |
| 2005-10-03 | Formal judgment sent to the registrar of the court of appeal and all parties, (Revised judgment). | |
| 2005-10-03 | Judgment on appeal and notice of deposit of judgment sent to all parties, (Revised judgment). | |
| 2005-09-30 |
Written reasons rendered after oral judgment, CJ Ma Bi LeB De F Cha, The appeal from the judgment of the Federal Court of Appeal, Number A-249-03, dated March 3, 2004, was heard on June 7, 2005 and the Court on that day delivered the following judgment orally: The Chief Justice – The appeal is dismissed. Reasons to follow. On this day, reasons were delivered and the judgment was restated as follows: The appeal is dismissed with costs to the respondent. Dismissed, with costs |
|
| 2005-06-20 | Transcript received, 43 pages | |
| 2005-06-08 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-06-07 | Judgment reserved OR rendered with reasons to follow | |
| 2005-06-07 |
Judgment on the appeal rendered, Revised judgment & reasons rendered on Sept. 30, 2005., CJ Ma Bi LeB De F Cha, The appeal from the judgment of the Federal Court of Appeal, Number A-249-03, dated March 3, 2004, was heard this day and the following judgment was rendered: The Chief Justice (orally) – The appeal is dismissed. Reasons to follow. Dismissed |
|
| 2005-06-07 | Respondent's condensed book, Submitted in Court | The Minister of Citizenship and Immigration |
| 2005-06-07 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2005-06-07 |
Hearing of the appeal, 2005-06-07, CJ Ma Bi LeB De F Cha Judgment rendered |
|
| 2005-05-31 | Correspondence received from, Bernard Laprade dated May 31/05 re: corrections in respondent's factum and authorities (joint with 30334) (sent to the judges June 1/05) | The Minister of Citizenship and Immigration |
| 2005-05-31 | Notice of appearance, Lorne Waldman and Brena Parnes will be present at the hearing. | Olga Medovarski |
| 2005-05-27 | Notice of appearance, Bernard Laprade and Normand Lemyre will be present at the hearing. | The Minister of Citizenship and Immigration |
| 2005-05-13 | Respondent's factum, Completed on: 2005-05-17 | The Minister of Citizenship and Immigration |
| 2005-05-13 | Respondent's book of authorities, Vol. I to III - joint with 30334, Completed on: 2005-05-17 | The Minister of Citizenship and Immigration |
| 2005-05-09 | Appeal court record, (1 box) | |
| 2005-04-28 | Notice of withdrawal, of Intervention | Attorney General for Ontario |
| 2005-03-23 | Appellant's book of authorities, Completed on: 2005-03-23 | Olga Medovarski |
| 2005-03-23 | Appellant's record, Completed on: 2005-03-23 | Olga Medovarski |
| 2005-03-23 | Appellant's factum, (Table of contents rec'd Apr. 4/05 - send to the Court April 5/05), Completed on: 2005-04-04 | Olga Medovarski |
| 2005-03-23 | Notice of intervention respecting a constitutional question | Attorney General for Ontario |
| 2005-03-07 | Correspondence received from, Bernard Laprade and Normand Lemyre are the new counsels. | The Minister of Citizenship and Immigration |
| 2005-03-03 | Appeal perfected for hearing | |
| 2005-03-01 | Notice of hearing sent to parties | |
| 2005-03-01 |
Appeal hearing scheduled, 2005-06-07, (Previously May 17/05) Judgment rendered |
|
| 2005-02-28 |
Order by, LeB, The hearing of the above mentioned appeals is adjourned to June 7, 2005. It is hereby ordered that service and filing of documents shall be as follows: i) the appellants' facta, records and book of authorities shall be served and filed by March 24, 2005. ii) any person interested in applying for leave to intervene shall serve and file their motion by April 1, 2005. iii) the respondent's factum, record and book of authorities shall be served and filed by May 13, 2005. iv) any interveners under Rule 55 or Rule 60, shall serve and file their factum and book of authorities by May 13, 2005. v) the appeal is scheduled to be heard on June 7, 2005. Granted |
|
| 2005-02-24 | Notice of constitutional question(s), (served on Feb. 23/05) | Olga Medovarski |
| 2005-02-21 | Order on motion to state a constitutional question | |
| 2005-02-21 |
Decision on the motion to state a constitutional question, CJ, 1. Does s. 196 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, infringe s. 7 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 |
|
| 2005-02-21 | Certificate of taxation issued to, Gowlings | |
| 2005-02-18 | Decision on the bill of costs, taxed at the amount of $1,270.45, Reg | |
| 2005-02-07 | Submission of the bill of costs, Reg | |
| 2005-01-21 | Submission of motion to state a constitutional question, CJ | |
| 2004-12-16 | Response to the motion to state a constitutional question, (fax copy), Completed on: 2004-12-16 | The Minister of Citizenship and Immigration |
| 2004-12-09 | Motion to state a constitutional question, 2 copies - book form, Completed on: 2004-12-16 | Olga Medovarski |
| 2004-12-07 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2004-11-23 | Bill of costs, 2 copies, Incomplete | Olga Medovarski |
| 2004-11-22 | Notice of appeal, Completed on: 2004-11-22 | Olga Medovarski |
| 2004-11-15 | Judgment on leave sent to the parties | |
| 2004-11-12 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-249-03, dated March 3, 2004, is granted with costs to the applicant in any event of the cause. This case will be heard with Julio Esteban v. Minister of Citizenship and Immigration (30334). Granted, with costs |
|
| 2004-10-25 | All materials on application for leave submitted to the Judges, Ma F Abe | |
| 2004-06-15 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2004-06-07 | Applicant's reply to respondent's argument, Completed on: 2004-06-07 | Olga Medovarski |
| 2004-05-31 | Respondent's response on the application for leave to appeal, Completed on: 2004-05-31 | The Minister of Citizenship and Immigration |
| 2004-05-03 | Appeal Court record, 3 copies | |
| 2004-05-03 | Application for leave to appeal, Completed on: 2004-06-15 | Olga Medovarski |
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 |
|---|---|---|
| Medovarski, Olga | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| The Minister of Citizenship and Immigration | Respondent | Active |
Counsel
Party: Medovarski, Olga
Counsel
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
Telephone: (416) 482-6501
FAX: (416) 489-9618
Email: lorne@waldmanlaw.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
Party: The Minister of Citizenship and Immigration
Counsel
Catherine Vasilaros
Normand Lemyre
Department of Justice
284, rue Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4761
FAX: (613) 941-7865
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
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, a citizen of Yugoslavia, had been granted permanent residence upon coming to Canada in 1997. But, in 2001, she was sentenced to two years’ imprisonment for causing death by criminal negligence. She had been operating a motor vehicle when intoxicated and was involved in a fatal car crash.
As a result of this conviction, a removal order was issued against Ms. Medovarski on November 21, 2001, following a hearing by the Adjudication Division of the Immigration and Refugee Board. On the same day, she filed an appeal to the Immigration Appeal Division of the Board (“IAD”) against the order, Act alleging that, in all the circumstances, she should not be removed from Canada. A notice from the IAD, dated April 24, 2002, informed her that her appeal would be heard on September 26, 2002.
However, before Ms. Medovarski’s appeal was heard, the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (“IRPA”) came into effect on June 28, 2002. Subsections 64(1) and (2) abolish the right of appeal by permanent residents against removal orders on the basis of, among other things, a conviction of a criminal offence for which they were sentenced in Canada to imprisonment for at least two years. In a letter dated August 12, 2002, the Registrar of the IAD advised Ms. Medovarski that her appeal had been discontinued as a result of the new legislation. This decision was overturned on a judicial review application, but the IAD’s decision was restored by the Federal Court of Appeal.
Lower court rulings
Federal Court of Canada, Trial Division
IMM-4060-02
Applicant's application for judicial review allowed
Federal Court of Appeal
A-249-03
Respondent's appeal allowed; Federal Court's decision reversed; application for judicial review dismissed
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