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.
31036
Croplife Canada v. City of Toronto
(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) |
|---|---|---|
| 2005-11-29 | Close file on Leave | |
| 2005-11-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-11-18 | Judgment on leave sent to the parties | |
| 2005-11-17 |
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, Number C41220, dated May 13, 2005, is dismissed with costs. Dismissed, with costs |
|
| 2005-10-24 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2005-09-16 | Applicant's reply to respondent's argument, Completed on: 2005-09-16 | Croplife Canada |
| 2005-09-07 | Respondent's response on the application for leave to appeal, Completed on: 2005-09-07 | City of Toronto |
| 2005-08-19 | Correspondence received from, Scott Maidment dated August 17, 2005. Re: Replacement of page 113 and cover page with service confirmation to other party | Croplife Canada |
| 2005-08-10 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-08-10 | Application for leave to appeal, Completed on: 2005-08-10 | Croplife Canada |
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 |
|---|---|---|
| Croplife Canada | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| City of Toronto | Respondent | Active |
Counsel
Party: Croplife Canada
Counsel
Lisa Parliament
BCE Place, Suite 4400
181 Bay Street, Bay Wellington Tower
Toronto, Ontario
M5J 2T3
Telephone: (416) 865-7911
FAX: (416) 865-7048
Party: City of Toronto
Counsel
Susan Ungar
Station 1260, Metro Hall
55 John Street, 26th Floor
Toronto, Ontario
M5V 3C6
Telephone: (416) 392-2887
FAX: (416) 397-1765
Agent
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
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.
Constitutional law - Division of powers - Paramountcy doctrine - Validity - Municipal by-law - Whether Toronto by-law is constitutionally inoperative under the doctrine of federal paramountcy because it frustrates a federal legislative purpose - Whether Toronto by-law frustrates the purpose of the Pest Control Products Act, R.S.C. 1985, c. P-9 by depriving Canadians of the benefits that the federal regime is designed to confer.
The Applicant is a trade association representing manufacturers, distributors and developers of pesticides for use in, inter alia, agriculture and in urban settings in Canada. The city had unsuccessfully applied to the Ministry for approval to enact a by-law dealing with pesticides without success as the Ministry did not want to proceed on a patchwork basis, hoping to develop a uniform scheme throughout the province. The Ministry took no alternate steps, however, and the city followed up by passing By-law No. 456-2003 pursuant to s. 130 of the Municipal Act, 2001, S.O. 2001, c.25, claiming its authority to do so under the general power to regulate the health, welfare, morals and safety. The By-law purported to regulate the use of pesticides within the city boundaries. Croplife Canada sought to have the By-law quashed on the grounds that it was ultra vires the city. Croplife’s application was dismissed, as was its appeal from that decision
Lower court rulings
Ontario Superior Court of Justice
03-CV-251020CM1
Applicant's application for an Order quashing the Respondent's by-law dismissed
Court of Appeal for Ontario
C41220
Appeal dismissed
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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Related links
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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