Case information
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31350
Leaka Helena Delia Dickie v. Kenneth Earle Dickie
(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) |
|---|---|---|
| 2007-02-14 | Appeal closed | |
| 2007-02-12 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-02-12 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2007-02-09 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal for Ontario, Number C41501, C41563, dated January 13, 2006, heard on January 17, 2007, is allowed, the order of the Court of Appeal is set aside, Dr. Dickie's appeal from the contempt order is dismissed and the motions judge's order reinstated. Mrs. Dickie is awarded her costs before this Court on a solicitor and client basis and in the Court of Appeal on a substantial indemnity basis. Allowed, costs on a solicitor client basis |
|
| 2007-02-01 | Transcript received, (71 pages) | |
| 2007-01-17 | Judgment reserved OR rendered with reasons to follow | |
| 2007-01-17 | Respondent's condensed book, Submitted in Court (14 copies) | Kenneth Earle Dickie |
| 2007-01-17 | Appellant's condensed book, Submitted in Court (14 copies) | Leaka Helena Delia Dickie |
| 2007-01-17 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2007-01-17 |
Hearing of the appeal, 2007-01-17, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2007-01-16 | Correspondence received from, David Stratas dated Jan. 16/07 re: correction to quotation at para. 32(a) of the factum | Leaka Helena Delia Dickie |
| 2007-01-10 | Notice of appearance, Rochelle Cantor and Marie-France Major will be present at the hearing. | Kenneth Earle Dickie |
| 2007-01-09 | Notice of appearance, Harold Niman and David Stratas will be present at the hearing. | Leaka Helena Delia Dickie |
| 2007-01-08 | Notice of appearance, Llana Nakonechny and Gillian Calder will be present at the hearing. | Women's Legal Education and Action Fund (LEAF) |
| 2006-12-21 | Appellant's book of authorities, ON REPLY (see order of Dec. 20/06) (sent to the Court Dec. 21/06), Completed on: 2006-12-21 | Leaka Helena Delia Dickie |
| 2006-12-21 | Reply factum on appeal, (see order of Dec. 20/06)(sent to the Court Dec. 21/06) - CD returned, New cd rec'd, Completed on: 2007-01-15 | Leaka Helena Delia Dickie |
| 2006-12-21 | Intervener's book of authorities, (Vol. I and II), Completed on: 2006-12-21 | Women's Legal Education and Action Fund (LEAF) |
| 2006-12-21 | Intervener's factum, Completed on: 2006-12-21 | Women's Legal Education and Action Fund (LEAF) |
| 2006-12-20 | Order on motion to file a reply factum on appeal | |
| 2006-12-20 |
Decision on the motion to file a reply factum on appeal, by the appellant of 4 pages, Ro Granted |
|
| 2006-12-19 | Submission of motion to file a reply factum on appeal, Ro | |
| 2006-12-18 | Motion to file a reply factum on appeal, and a book of reply authorities, Completed on: 2006-12-20 | Leaka Helena Delia Dickie |
| 2006-12-15 | Correspondence received from, Rochelle F. Cantor dated Dec. 15/06 re: does not object seeking leave to file a reply | Kenneth Earle Dickie |
| 2006-12-15 | Correspondence received from, David Stratas dated Dec. 15/06 re: filing a reply factum and authorities | Leaka Helena Delia Dickie |
| 2006-12-11 | Respondent's record, Completed on: 2006-12-11 | Kenneth Earle Dickie |
| 2006-12-11 | Respondent's book of authorities, Completed on: 2006-12-11 | Kenneth Earle Dickie |
| 2006-12-11 | Respondent's factum, Completed on: 2006-12-11 | Kenneth Earle Dickie |
| 2006-12-08 | Appeal perfected for hearing | |
| 2006-11-27 | Correspondence received from, Christina Christie dated November 27, 2006. Re: Adding Gillian Calder as co-counsel | Women's Legal Education and Action Fund (LEAF) |
| 2006-11-17 | Letter sent to Intervener(s) | |
| 2006-11-17 | Order on motion for leave to intervene, (BY BINNIE J.) | |
| 2006-11-17 |
Decision on the motion for leave to intervene, Bi, UPON APPLICATION by the Women's Legal Education and Action Fund for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; AND IT APPEARING that counsel for the appellant wife, while not opposing the application, questions its necessity and relevance, as follows: "Women's Legal Education and Action Fund suggests that one issue that the appellant has not addressed is the issue of "impecunious men who are genuinely unable to comply with a court order for security" (see proposed intervener's notice of motion, paragraph 12). The appellant has addressed this. The appellant has repeatedly emphasized that the fundamental, historical concern in this area of law is that persons not be imprisoned because they are poor. In discussing the factors to be taken into account in applying the appropriate test, the appellant also had specifically addressed this concern in paragraph 31(g) of her factum." "Women's Legal Education and Action Fund submits that "the issues under appeal need to be analysed using the application of a section 15 Charter values lens" (see proposed interveners' notice of motion, paragraph 14). While the appellant does not raise this in her factum, the appellant queries its legal relevance to the appeal. Women's Legal Education and Action Fund does not assert in its material that the Court of Appeal for Ontario's decision is discriminatory or has a discriminatory impact within the meaning of s. 15 of the Charter, not does Women's Legal Education and Action Fund assert that the legal positions formulated by the appellant in her factum are discriminatory or have a discriminatory impact within the meaning of s. 15 of the Charter." Counsel for the respondent husband takes no position. IN THE CIRCUMSTANCES IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the applicant, the Women's Legal Education and Action Fund, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before December 21, 2006. The request to present oral argument is denied. 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 its intervention. Allowed in part |
|
| 2006-11-16 | Submission of motion for leave to intervene, Bi | |
| 2006-11-16 | Notice of hearing sent to parties | |
| 2006-11-15 | Response to the motion for leave to intervene, (Letter Form), from David Stratas dated Nov. 14/06, Completed on: 2006-11-15 | Leaka Helena Delia Dickie |
| 2006-11-15 |
Appeal hearing scheduled, 2007-01-17, Previously Jan. 19/07 Judgment reserved |
|
| 2006-11-10 | Response to the motion for leave to intervene, (Letter Form), from Rochelle F. Cantor dated Nov. 9/06, Completed on: 2006-11-10 | Kenneth Earle Dickie |
| 2006-11-09 | Motion for leave to intervene, 3 copies - book form, Completed on: 2006-11-09 | Women's Legal Education and Action Fund (LEAF) |
| 2006-11-09 | Correspondence received from, M.-F. Major dated November 8, 2006 (fax copy) re: will act as agent for the respondent | Kenneth Earle Dickie |
| 2006-10-13 | Appellant's book of authorities, (Vol. I & II), Completed on: 2006-10-13 | Leaka Helena Delia Dickie |
| 2006-10-13 | Appellant's record, (Vol. I & II), Completed on: 2006-10-13 | Leaka Helena Delia Dickie |
| 2006-10-13 | Appellant's factum, Completed on: 2006-10-13 | Leaka Helena Delia Dickie |
| 2006-07-25 | Notice of appeal, Completed on: 2006-07-25 | Leaka Helena Delia Dickie |
| 2006-07-21 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2006-06-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-06-26 | Judgment on leave sent to the parties | |
| 2006-06-22 |
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 C41501 and C41563, dated January 13, 2006, is granted with costs to the applicant in any event of the cause. Granted, with costs |
|
| 2006-05-15 | All materials on application for leave submitted to the Judges, CJ Cha Ro | |
| 2006-04-21 | Applicant's reply to respondent's argument, (Letter Form), from H. Niman (by fax) re: will not be filing a Reply, Completed on: 2006-04-21 | Leaka Helena Delia Dickie |
| 2006-04-20 |
Decision on motion to extend time, to serve and file the respondent's response to Apr. 12/06, Reg Granted |
|
| 2006-04-20 | Submission of motion to extend time, Reg | |
| 2006-04-19 | Response to motion to extend time, (Letter Form), from H. Niman (by fax), Completed on: 2006-04-19 | Leaka Helena Delia Dickie |
| 2006-04-19 | Motion to extend time, to serve and file the response, Completed on: 2006-04-19 | Kenneth Earle Dickie |
| 2006-04-12 | Respondent's response on the application for leave to appeal, Extension of time requested - rec'd April 19/06, Completed on: 2006-04-19 | Kenneth Earle Dickie |
| 2006-03-21 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2006-03-13 | Book of authorities | Leaka Helena Delia Dickie |
| 2006-03-13 | Application for leave to appeal, Completed on: 2006-03-13 | Leaka Helena Delia Dickie |
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 |
|---|---|---|
| Dickie, Leaka Helena Delia | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Dickie, Kenneth Earle | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Women's Legal Education and Action Fund (LEAF) | Intervener | Active |
Counsel
Party: Dickie, Leaka Helena Delia
Counsel
David Stratas
Daryl L. Gelgoot
800- 1235 Bay Street
Toronto, Ontario
M5R 3K4
Telephone: (416) 921-1700
FAX: (416) 921-8936
Email: Niman@nzgfamlaw.com
Agent
55 Metcalfe Street
Suite 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-1668
FAX: (613) 236-9632
Email: Jnoonan@heenan.ca
Party: Dickie, Kenneth Earle
Counsel
Toronto, Ontario
M5R 2T8
Telephone: (416) 861-1625
FAX: (416) 861-1466
Email: Rochelle.cantor@bellnet.ca
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Women's Legal Education and Action Fund (LEAF)
Counsel
Gillian Calder
60 St. Clair Avenue East, Suite 703
Toronto, Ontario
M4T 1N5
Telephone: (416) 927-0891
FAX: (416) 927-0385
Email: llana@dicksonlawyers.com
Agent
World Exchange Plaza
1100 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: cbrown@blgcanada.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.
In 1991, the parties separated after over a decade of marriage and the birth of three children. Under the separation agreement the Appellant was to receive spousal support until May 1991, and also child support. When the spousal support provisions under the agreement lapsed, the Appellant brought an application for spousal and child support pursuant to the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), and also a motion for interim spousal and child support, which was granted by an Order of Kiteley J. However, the Respondent moved to the Bahamas in July 2002 and did not comply with the Order of Kiteley J. On December 3, 2002, Greer J. ordered that the Respondent provide an irrevocable letter of credit to secure his child and spousal support obligations as well as security for costs by paying $100,000 to be held in an interest-bearing account by the Appellant's solicitor. When the Respondent did not comply with the Order of Greer J., the Appellant made a motion to have the Respondent found in contempt. Stewart J. found the Respondent in contempt of Greer J.'s Order and sentenced him to 45 days in jail, which he served immediately. The Respondent then appealed the Orders of Stewart J. The majority of the Court of Appeal allowed the appeal and set aside the Orders of the motions judge.
Lower court rulings
Ontario Superior Court of Justice
01-FA-009822
Applicant's motion pursuant to Rule 60.11 of the Rules of Civil Procedure granted: Respondent found in contempt of court
Ontario Superior Court of Justice
01-FA-009822
Respondent sentenced to 45 days imprisonnement
Court of Appeal for Ontario
C41501, C41563
Appeal allowed
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