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.
31404
Syl Apps Secure Treatment Centre, et al. v. B.D., et al.
(Ontario) (Civil) (By Leave)
(Publication ban on party) (Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2007-08-29 | Appeal closed | |
| 2007-07-30 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-07-30 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2007-07-27 |
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 C42593, dated January 20, 2006, heard on April 26, 2007, is allowed and the action dismissed with costs. Allowed, with costs |
|
| 2007-05-23 | Transcript received, (73 pages) | |
| 2007-04-26 | Judgment reserved OR rendered with reasons to follow | |
| 2007-04-26 | Acknowledgement and consent for video taping of proceedings | |
| 2007-04-26 | Respondent's condensed book, Filed in SEALED enveloppes (14 copies) - distributed in Court. | B.D. |
| 2007-04-26 | Appellant's condensed book, Filed in SEALED enveloppes (14 copies) - distributed in Court. | Syl Apps Secure Treatment Centre |
| 2007-04-26 |
Hearing of the appeal, 2007-04-26, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2007-04-24 | Correspondence received from, Lise G. Favreau dated Apr. 24/07 re: broadcasting and condensed books (sent to the Court Apr. 25/07) | Syl Apps Secure Treatment Centre |
| 2007-04-17 | Notice of appearance, Matthew Wilton and Gregory Graham will be present at the hearing. | B.D. |
| 2007-04-13 | Notice of appearance, Dennis Brown, Malliha Wilson and Lise Favreau will be present at the hearing. | Syl Apps Secure Treatment Centre |
| 2007-04-12 | Notice of appearance, Natalie Hepburn Barnes will be present at the hearing. | Attorney General of British Columbia |
| 2007-04-02 |
Order by, Binnie FURTHER TO THE ORDER dated March 9, 2007, in which Binnie J. granted leave to intervene to the Attorney General of British Columbia; 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. Granted |
|
| 2007-03-29 | Intervener's book of authorities, (Vol. I and II), Completed on: 2007-03-29 | Attorney General of British Columbia |
| 2007-03-29 | Intervener's factum, (New page 20 rec'd Mar. 30/07 with proof of service by email - new DVD rec'd Apr. 2/07 - CD returned on Apr. 4, 2007 and new one rec'd on Apr. 16/07) - CD returned 2nd time for same problem and new one rec'd Apr. 26/07), Completed on: 2007-04-26 | Attorney General of British Columbia |
| 2007-03-14 | Notice of hearing sent to parties | |
| 2007-03-13 |
Appeal hearing scheduled, 2007-04-26, (previously Mar. 22/07) Judgment reserved |
|
| 2007-03-09 | Order on motion for leave to intervene, (BY BINNIE J.) | |
| 2007-03-09 |
Decision on the motion for leave to intervene, Bi, UPON APPLICATION by the Attorney General of British Columbia for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal, which is scheduled to be heard on April 26, 2007; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time to apply for leave to intervene and for leave to intervene by the Attorney General of British Columbia is granted. The applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before April 2, 2007. The request to present oral argument is 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. Granted |
|
| 2007-03-09 | Submission of motion for leave to intervene, Bi | |
| 2007-03-05 | Response to the motion for leave to intervene, (Letter Form), from Matthew Wilton dated March 5/07, Completed on: 2007-03-05 | B.D. |
| 2007-02-21 | Motion for leave to intervene, (joint with a motion to extend time), Completed on: 2007-02-21 | Attorney General of British Columbia |
| 2007-01-30 | Respondent's book of authorities, Completed on: 2007-01-30 | B.D. |
| 2007-01-30 | Respondent's factum, Completed on: 2007-01-30 | B.D. |
| 2007-01-30 | Respondent's record, (in SEALED envelope), Completed on: 2007-01-30 | B.D. |
| 2007-01-29 | Order on motion for leave to intervene, (BY BINNIE J.) | |
| 2007-01-29 |
Decision on the motion for leave to intervene, Bi, UPON APPLICATION by the Justice for Children and Youth for leave to intervene in the above appeal, which is scheduled to be heard on April 26, 2007; AND THE APPLICANT having failed to set out the nature of its proposed submissions on the appeal, if permitted to intervene, and how such submissions relate to the dispute between the parties, or how such submissions would differ from those of the parties; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the applicant, the Justice for Children and Youth, is dismissed. Dismissed |
|
| 2007-01-29 | Submission of motion for leave to intervene, Bi | |
| 2007-01-29 | Appeal perfected for hearing | |
| 2007-01-11 | Response to the motion for leave to intervene, Completed on: 2007-01-11 | Syl Apps Secure Treatment Centre |
| 2007-01-02 | Response to the motion for leave to intervene, (Letter Form), from Matthew, Wilton dated January 2, 2007, Completed on: 2007-01-02 | B.D. |
| 2006-12-18 | Motion for leave to intervene, (bookform), Completed on: 2006-12-18 | Justice for Children and Youth |
| 2006-12-04 | Appellant's record, SEALED - 1 copy for public record, Completed on: 2006-12-04 | Syl Apps Secure Treatment Centre |
| 2006-12-04 | Appellant's book of authorities, Completed on: 2006-12-08 | Syl Apps Secure Treatment Centre |
| 2006-12-04 | Appellant's factum, Completed on: 2006-12-04 | Syl Apps Secure Treatment Centre |
| 2006-09-26 | Order on motion to extend time to serve and/or file notice of appeal | |
| 2006-09-26 |
Decision on motion to extend time to serve and/or file notice of appeal, to September 12/06, Ba Granted |
|
| 2006-09-15 | Submission of motion to extend time to serve and/or file notice of appeal submitted, Ba | |
| 2006-09-14 | Response to motion to extend time to serve and/or file notice of appeal, Completed on: 2006-09-14 | B.D. |
| 2006-09-13 | Motion to extend the time to serve and/or file the notice of appeal, Completed on: 2006-09-13 | Syl Apps Secure Treatment Centre |
| 2006-09-12 | Notice of appeal, requested motion ext. of time to file and serve, Completed on: 2006-09-13 | Syl Apps Secure Treatment Centre |
| 2006-08-24 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2006-08-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-08-11 | Judgment on leave sent to the parties | |
| 2006-08-10 |
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 C42593, dated January 20, 2006, is granted with costs to the applicants in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2006-05-23 | All materials on application for leave submitted to the Judges, Ba LeB F | |
| 2006-05-18 | Correspondence received from, Lise G. Favreau dated May 18/06 re: sealing order | Syl Apps Secure Treatment Centre |
| 2006-05-11 | Correspondence received from, (e-mail) L. Favreau, dated May 11/06; re: reply is not subject to the publication ban | Syl Apps Secure Treatment Centre |
| 2006-04-28 | Applicant's reply to respondent's argument, Completed on: 2006-04-28 | Syl Apps Secure Treatment Centre |
| 2006-04-19 | Respondent's response on the application for leave to appeal, SEALED - Proof of service to follow - rec'd on April 20/06) PUBLIC COPY filed on Apr. 25/06, Completed on: 2006-04-20 | B.D. |
| 2006-04-18 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2006-04-11 | Correspondence received from, dated Apr. 10, Lise G. Favreau; including a public version of the leave app. | Syl Apps Secure Treatment Centre |
| 2006-03-21 | Application for leave to appeal, SEALED - (Signed copy CA Reasons requested - Rec'd April 28, 2006) (PUBLIC COPY filed Apr. 11/06), Completed on: 2006-04-28 | Syl Apps Secure Treatment Centre |
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 |
|---|---|---|
| Syl Apps Secure Treatment Centre | Appellant | Active |
| Baptiste, Douglas | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| B.D. | Respondent | Active |
| K.D. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Intervener | Active |
Counsel
Party: Syl Apps Secure Treatment Centre
Counsel
Lise G. Favreau
Malliha Wilson
720 Bay St
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4008
FAX: (416) 326-4181
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Baptiste, Douglas
Counsel
Lise G. Favreau
720 Bay St
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4008
FAX: (416) 326-4181
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: B.D.
Counsel
Gregory Graham
127 John Street
Toronto, Ontario
M5V 2E2
Telephone: (416) 860-9889
FAX: (416) 204-1849
Email: matthew@wiltonlaw.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: K.D.
Counsel
Gregory Graham
127 John Street
Toronto, Ontario
M5V 2E2
Telephone: (416) 860-9889
FAX: (416) 204-1849
Email: matthew@wiltonlaw.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Attorney General of British Columbia
Counsel
Natalie Hepburn-Barnes
1301 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-3093
FAX: (604) 660-3833
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.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.
Torts - Negligence - Duty of care - Child in need of protection - Whether child welfare agencies and social workers owe a duty of care to their patients as well as to the parents and other family members of their patients - Whether the imposition of potentially conflicting duties of care is to be avoided.
The Respondents are the parents and other family members of R.D., a child in need of protection. They claim that the Appellants were negligent in their treatment of R.D. As a result of the treatment, the Respondents allege that they have been deprived of their relationship with R.D.
Lower court rulings
Ontario Superior Court of Justice
99-CV-169600
Applicants' motion to strike Respondents' statement of claim on the ground that it disclosed no reasonable cause of action granted
Court of Appeal for Ontario
C42593
Respondents' appeal allowed
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
Not available