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.
30615
Robert Tranchemontagne, et al. v. Director of the Ontario Disability Support Program of the Ministry of Community, Family and Children's Services, et al.
(Ontario) (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) |
|---|---|---|
| 2006-05-15 | Appeal closed | |
| 2006-04-24 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2006-04-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-04-21 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe, The appeal from the judgment of the Court of Appeal for Ontario, Numbers C40873 and C40874, dated September 16, 2004, heard on December 12, 2005 is allowed, LeBel, Deschamps and Abella JJ. dissenting. The case is remitted to the Social Benefits Tribunal so that it can rule on the applicability of s. 5(2) of the Ontario Disability Support Program Act, 1997, S.O. 1997, c. 25, Sch. B. The appellants' request for reimbursement of their disbursements before this Court is granted. Allowed |
|
| 2006-01-03 | Transcript received, (121 pages) | |
| 2005-12-12 | Supplemental document, 14 copies of part of the Tenant Protection Act and 12 copies of Falkiner v. Ontario judgment. Distributed on the bench. | Advocacy Centre for Tenants Ontario |
| 2005-12-12 | Judgment reserved OR rendered with reasons to follow | |
| 2005-12-12 | Acknowledgement and consent for video taping of proceedings, from all parties. | |
| 2005-12-12 |
Hearing of the appeal, 2005-12-12, CJ Ba Bi LeB De F Abe Judgment reserved |
|
| 2005-12-09 | Notice of appearance, Lesli Bisgould and Dianne Wintermute will be appearing. | Empowerment Council, Centre for Addiction and Mental Health |
| 2005-12-08 | Notice of appearance, Jill Dougherty and Jeff Cowan will appear. | Social Benefits Tribunal |
| 2005-12-02 | Notice of appearance, Kathy Larid and Toby Young will be appearing. | Advocacy Centre for Tenants Ontario |
| 2005-12-01 | Notice of appearance, Marie Chen and Royland Moriah will be appearing. | African Canadian Legal Clinic |
| 2005-11-30 | Notice of appearance, Rebecca Givens and Janet E. Minor will be appearing. | Director of the Ontario Disability Support Program of the Ministry of Community, Family and Children's Services |
| 2005-11-25 | Notice of appearance, Cathy Pike and Hart Schwartz will be appearing. | Ontario Human Rights Commission |
| 2005-11-25 | Notice of appearance, Jeff. G. Cowan and M. Jill Dougherty will be appearing. | Social Benefits Tribunal |
| 2005-11-23 | Notice of appearance, Peter J. Chapin, Terence Copes and Grace Kurke will be present at the hearing. | Robert Tranchemontagne |
| 2005-11-17 | Book of authorities, Completed on: 2005-11-17 | Ontario Human Rights Commission |
| 2005-11-14 |
Order by, Ba, FURTHER TO THE ORDER of Bastarache J. dated September 22, 2005, granting leave to intervene to the Advocacy Centre for Tenants Ontario, the Empowerment Council, Centre for Addiction and Mental Health, the Ontario Human Rights Commission, the African Canadian Legal Clinic and the Canadian Human Rights Commission; 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. IT IS HEREBY FURTHER ORDERED THAT the intervener, the Social Benefits Tribunal, pursuant to Rule 22(2)(c)(ii) is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2005-11-10 | Book of authorities, Completed on: 2005-11-16 | Canadian Human Rights Commission |
| 2005-11-10 | Intervener's factum, Completed on: 2005-11-16 | Canadian Human Rights Commission |
| 2005-11-10 | Book of authorities, Completed on: 2005-11-10 | Empowerment Council, Centre for Addiction and Mental Health |
| 2005-11-10 | Intervener's factum, (CD rec'd Nov. 22/05), Completed on: 2005-11-23 | Empowerment Council, Centre for Addiction and Mental Health |
| 2005-11-10 | Intervener's factum, (Revised CD rec'd Nov. 15 and Dec. 2/05), Completed on: 2005-11-10 | Ontario Human Rights Commission |
| 2005-11-09 | Intervener's factum, (Revised CD Nov. 17/05), Completed on: 2005-11-09 | Advocacy Centre for Tenants Ontario |
| 2005-11-09 | Book of authorities, Completed on: 2005-11-09 | Advocacy Centre for Tenants Ontario |
| 2005-11-09 | Book of authorities, Completed on: 2005-11-09 | African Canadian Legal Clinic |
| 2005-11-09 | Intervener's factum, (Revised CD rec'd Dec. 6/05), Completed on: 2005-11-09 | African Canadian Legal Clinic |
| 2005-10-31 | Appellant's book of authorities, (responding book of Authorities), Completed on: 2005-10-31 | Robert Tranchemontagne |
| 2005-10-31 | Reply factum on appeal, Completed on: 2005-10-31 | Robert Tranchemontagne |
| 2005-10-14 | Book of authorities, Completed on: 2005-10-14 | Social Benefits Tribunal |
| 2005-10-13 | Intervener's factum, Completed on: 2005-10-13 | Social Benefits Tribunal |
| 2005-09-30 | Respondent's book of authorities, Completed on: 2005-09-30 | Director of the Ontario Disability Support Program of the Ministry of Community, Family and Children's Services |
| 2005-09-30 | Respondent's factum, Completed on: 2005-09-30 | Director of the Ontario Disability Support Program of the Ministry of Community, Family and Children's Services |
| 2005-09-22 | Order on motion for leave to intervene, (BY BASTARACHE J.) | |
| 2005-09-22 |
Decision on the motion for leave to intervene, Ba, UPON APPLICATIONS by the Advocacy Centre for Tenants Ontario, the Empowerment Council, Centre for Addiction and Mental Health, the Ontario Human Rights Commission, the African Canadian Legal Clinic and the Canadian Human Rights Commission for leave to intervene in the above appeal; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the applicant, the Advocacy Centre for Tenants Ontario, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before November 10, 2005. The motion for leave to intervene of the applicant, the Empowerment Council, Centre for Addiction and Mental Health, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before November 10, 2005. The motion for leave to intervene of the applicant, the Ontario 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 November 10, 2005. The motion for leave to intervene of the applicant, the African Canadian Legal Clinic, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before November 10, 2005. 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 November 10, 2005. The requests to present oral argument is 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) of the Rules of the Supreme Court of Canada the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their interventions. Granted |
|
| 2005-09-22 | Submission of motion for leave to intervene, Ba | |
| 2005-09-14 | Reply to the motion for leave to intervene, (Letter Form), from Marie Chen dated Sept. 14/05 (by fax - original rec'd Sept. 16/05), Completed on: 2005-09-14 | African Canadian Legal Clinic |
| 2005-09-13 | Reply to the motion for leave to intervene, (Letter Form), from Katherine Laird adted Sept. 13/05, Completed on: 2005-09-13 | Advocacy Centre for Tenants Ontario |
| 2005-09-13 | Response to the motion for leave to intervene, (by all interveners), Completed on: 2005-09-13 | Robert Tranchemontagne |
| 2005-09-07 | Response to the motion for leave to intervene, (Letter Form), from M. Jill Dougherty dated Sept. 7/05 re: will not file responses to motions to intervene, Completed on: 2005-09-07 | Social Benefits Tribunal |
| 2005-09-07 | Response to the motion for leave to intervene, (Letter Form), from Rebecca J. Givens dated Sept. 6/05 (by all interveners), Completed on: 2005-09-07 | Director of the Ontario Disability Support Program of the Ministry of Community, Family and Children's Services |
| 2005-09-01 | Appeal perfected for hearing | |
| 2005-08-29 | Motion for leave to intervene, (bookform), Completed on: 2005-08-29 | Canadian Human Rights Commission |
| 2005-08-29 | Motion for leave to intervene, (bookform), Completed on: 2005-08-29 | African Canadian Legal Clinic |
| 2005-08-26 | Motion for leave to intervene, Completed on: 2005-08-26 | Ontario Human Rights Commission |
| 2005-08-25 | Book of authorities, on intervention, Completed on: 2005-08-25 | Empowerment Council, Centre for Addiction and Mental Health |
| 2005-08-25 | Motion for leave to intervene, (bookform), Completed on: 2005-08-25 | Empowerment Council, Centre for Addiction and Mental Health |
| 2005-08-25 | Order on motion to extend time | |
| 2005-08-25 |
Decision on motion to extend time, to serve and file the respondent's factum and book of authorities to Sept. 30/05, and further extending the time within which the appellants' may serve and file their reply factum and book of authorities pursuant to Rule 29(4) to Oct. 31/05, Reg Granted |
|
| 2005-08-25 | Submission of motion to extend time, Reg | |
| 2005-08-25 | Motion for leave to intervene, (bookform), Completed on: 2005-08-25 | Advocacy Centre for Tenants Ontario |
| 2005-08-24 | Response to motion to extend time, e-mail from Peter J. Chapin dated Aug. 24/05, Completed on: 2005-08-24 | Robert Tranchemontagne |
| 2005-08-16 | Response to motion to extend time, e-mail from Jill Dougherty dated August 16/05, Completed on: 2005-08-16 | Social Benefits Tribunal |
| 2005-08-15 | Notice of hearing sent to parties | |
| 2005-08-11 |
Appeal hearing scheduled, 2005-12-12 Judgment reserved |
|
| 2005-08-08 | Motion to extend time, to file the respondent's factum to Sept. 30/05 and the appellants' factum under rule 29(4) to Oct. 31/05, Completed on: 2005-08-08 | Director of the Ontario Disability Support Program of the Ministry of Community, Family and Children's Services |
| 2005-07-15 | Correspondence received from, Peter J. Chapin dated July 15/05 re: errors in factum | Norman Werbeski |
| 2005-07-11 | Correspondence received from, Mr. Peter J. Chapin dated July 11/05 re: errors in factum (response sent by e-mail July 13/05) | Norman Werbeski |
| 2005-07-07 | Appellant's factum, CD ROM rec'd July 26/05, Completed on: 2005-07-07 | Robert Tranchemontagne |
| 2005-07-07 | Appellant's book of authorities, (15 copies rec'd), Completed on: 2005-07-07 | Robert Tranchemontagne |
| 2005-07-07 | Appellant's record, (Vol. I, II) rec'd 13 copies of volume II, Completed on: 2005-07-07 | Robert Tranchemontagne |
| 2005-06-14 | Order on motion to directions | |
| 2005-06-14 |
Decision on motion for directions, Ma, UPON APPLICATION by the appellants for directions on whether the respondent and the intervener, the Social Benefits Tribunal, are required to file a motion for leave to cross-appeal if they wish to raise issues with respect to jurisdiction in the above mentioned appeal; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: Neither the respondent nor the intervener, the Social Benefits Tribunal, are required to obtain leave to cross-appeal if they wish to raise the issue of jurisdiction in this case. Dismissed |
|
| 2005-06-09 | Submission of motion for directions, Ma | |
| 2005-05-30 | Reply to motion for directions, Completed on: 2005-05-30 | Robert Tranchemontagne |
| 2005-05-26 | Correspondence (sent by the Court) to, Mr. Dougherty re: Social Benefits Tribunal's factum due 2 weeks following the respondent's factum. (by fax with cc. to all parties) | |
| 2005-05-24 | Response to motion for directions, (bookform), Completed on: 2005-05-24 | Director of the Ontario Disability Support Program of the Ministry of Community, Family and Children's Services |
| 2005-05-20 | Book of authorities, on motion for directions, Completed on: 2005-06-02 | Social Benefits Tribunal |
| 2005-05-20 | Response to motion for directions, (bookform), Completed on: 2005-06-02 | Social Benefits Tribunal |
| 2005-05-10 | Motion for directions, (book form), Completed on: 2005-05-10 | Robert Tranchemontagne |
| 2005-04-14 | Notice of appeal, Completed on: 2005-04-14 | Robert Tranchemontagne |
| 2005-04-08 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2005-03-18 | Judgment on leave sent to the parties | |
| 2005-03-17 |
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, Numbers C40873 and C40874, dated September 16, 2004, is granted. Granted |
|
| 2005-03-17 |
Decision on motion to extend time to file and /or serve the leave application, Ma F Abe, The application an extension of time is granted. Granted |
|
| 2005-02-14 | All materials on application for leave submitted to the Judges, Ma F Abe | |
| 2005-02-14 | Submission of motion to extend time to file and/ or serve the leave application, Ma F Abe | |
| 2004-12-24 | Applicant's reply to respondent's argument, Completed on: 2004-12-24 | Robert Tranchemontagne |
| 2004-12-20 | Respondent's response on the application for leave to appeal, Completed on: 2004-12-20 | Director of the Ontario Disability Support Program of the Ministry of Community, Family and Children's Services |
| 2004-12-17 | Intervener's memorandum of argument on application for leave, (blue covers requested - received on Dec. 23, 2004) | Social Benefits Tribunal |
| 2004-12-03 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2004-11-19 | Motion to extend the time to file and or serve the application for leave to appeal, Included in the application for leave to appeal., Completed on: 2004-11-19 | Robert Tranchemontagne |
| 2004-11-19 | Application for leave to appeal, Completed on: 2004-12-03 | Robert Tranchemontagne |
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 |
|---|---|---|
| Tranchemontagne, Robert | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Director of the Ontario Disability Support Program of the Ministry of Community, Family and Children's Services | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Werbeski, Norman | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Director of the Ontario Disability Support Program of the Ministry of Community, Family and Children's Services | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Social Benefits Tribunal | Intervener | Active |
| Advocacy Centre for Tenants Ontario | Intervener | Active |
| Empowerment Council, Centre for Addiction and Mental Health | Intervener | Active |
| Ontario Human Rights Commission | Intervener | Active |
| African Canadian Legal Clinic | Intervener | Active |
| Canadian Human Rights Commission | Intervener | Active |
Counsel
Party: Tranchemontagne, Robert
Counsel
Peter Chapin
Grace Kurke
128 Pine Street, Suite 100
Sudbury, Ontario
P3C 1X3
Telephone: (705) 674-3200
FAX: (705) 674-6974
Email: copest@lao.on.ca
Agent
1 Nicholas Street
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008
FAX: (613) 241-8680
Email: mcdonalc@lao.on.ca
Party: Werbeski, Norman
Counsel
Terence Copes
Grace Kurke
425 Adelaide Street West
4th Floor
Toronto, Ontario
M5V 3C1
Telephone: (416) 204-5434
FAX: (416) 204-5422
Email: chapinp@lao.on.ca
Agent
1 Nicholas Street
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008
FAX: (613) 241-8680
Email: mcdonalc@lao.on.ca
Party: Director of the Ontario Disability Support Program of the Ministry of Community, Family and Children's Services
Counsel
Janet E. Minor
56 Wellesley St. W
17th Floor
Toronto, Ontario
M7A 1E9
Telephone: (416) 327-4931
FAX: (416) 327-0568
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Social Benefits Tribunal
Counsel
Jeff G. Cowan
The Exchange Tower
130 King Street West, Suite 1600, P.O. Box 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 365-1110
FAX: (416) 365-1876
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: Advocacy Centre for Tenants Ontario
Counsel
Toby Young
425 Adelaide St. W.
5th Floor
Toronto, Ontario
M5V 3C1
Telephone: (416) 597-5855
FAX: (416) 597-5821
Email: lairdk@lao.on.ca
Agent
1301 Richmond Road
Ottawa, Ontario
K2B 7Y4
Telephone: (613) 596-1641
FAX: (613) 596-3364
Party: Empowerment Council, Centre for Addiction and Mental Health
Counsel
Dianne Wintermute
425 Bloor Street East
Suite 110
Toronto, Ontario
M4W 3R5
Telephone: (416) 482-8255
FAX: (416) 482-2981
Email: bisgoul@lao.on.ca
Agent
1420 - 99 Bank Street
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: scott.mclean@fmc-law.com
Party: Ontario Human Rights Commission
Counsel
Hart Schwartz
180 Dundas St West
8th Floor
Toronto, Ontario
M7A 1Z8
Telephone: (416) 326-9876
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: African Canadian Legal Clinic
Counsel
Roland Moriah
111 Richmond Street West
Suite 503
Toronto, Ontario
M5H 2G4
Telephone: (416) 214-4747
FAX: (416) 214-4748
Agent
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
Party: Canadian Human Rights Commission
Counsel
R. Daniel Pagowski
344 Slater Street, 8th Floor
Ottawa, Ontario
K1A 1E1
Telephone: (613) 943-9159
FAX: (613) 993-3089
Email: leslie.reaume@chrc-ccdp.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.
Tranchemontagne and Werbeski applied for income support under the Ontario Disability Support Program Act, 1997, S.O. 1997, c. 25 Sched. B. (“ODSPA”). Subsection 5 (2) of ODSPA provides that claimants whose only substantial impairment is alcohol or other substance dependence or addiction are not eligible for income support. The Director of the Ontario Disability Support Program found that the Appellants’ only substantial impairment was alcoholism and held they were not eligible for income support under the ODSPA. In an appeal to the Social Benefits Tribunal, they argued that s. 5(2) contravenes s. 1 of the Human Rights Code, R.S.O. 1990, c. H.19. In separate decisions, the Social Benefits Tribunal denied both appeals. The Social Benefits Tribunal did not directly consider whether s. 5(2) contravenes the Code in either case.
The Divisional Court upheld the Tribunal’s decisions. The Court of Appeal found that the Tribunal had jurisdiction to apply the Code, but dismissed the appeal on the basis that a complaint to the Ontario Human Rights Commission was a “more appropriate” procedure to determine whether the ODSPA contravenes the Code.
Lower court rulings
Ontario Superior Court of Justice
DV-493-01, DV-509-01
Appeals dismissed
Court of Appeal for Ontario
C40873, C40874
Appeals 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
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