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31507

Peter Bachlow v. Jewish Family and Child Services

(Ontario) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2007-06-12 Close file on Leave
2007-06-12 Correspondence (sent by the Court) to, P. Bachlow from N. Loreti re: acknowledge receipt of his letter dated May 14 and addressed to CJ and his motion for reconsideration - nothing further the Court can do (documents returned)
2007-03-21 Correspondence received from, P. Backlow dated March 13, 2007 and addressed to CJ (hand writing) re: reconsideration Peter Bachlow
2007-02-27 Correspondence received from, P. Bachlow dated Feb. 27, 2007 (hand writing)(fax copy) re: acknowledge receipt of A. Roland's letter dated Jan. 19, 2007 Peter Bachlow
2007-02-15 Correspondence received from, P. Bachlow undated and hand written re: information (new address) Peter Bachlow
2007-01-19 Reconsideration not accepted for filing, (documents returned)(back to this office from Post Office "unknown" on Jan. 31, 2007) - resent on Feb. 16, 2007 at new address 149 Aspen Cres. Stouffville)
2006-12-18 Correspondence received from, P. Bachlow (by fax) re: new address Peter Bachlow
2006-12-07 Letter acknowledging receipt of a complete motion for reconsideration
2006-12-07 Motion for reconsideration of the application for leave to appeal, Completed on: 2006-12-07 Peter Bachlow
2006-11-10 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2006-11-10 Judgment on leave sent to the parties
2006-11-09 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 C43754, dated May 9, 2006, is dismissed with costs.
Dismissed, with costs
2006-10-23 Correspondence received from, Mr. Bachlow dated Oct. 23/06 re: correction of address Peter Bachlow
2006-10-10 All materials on application for leave submitted to the Judges, CJ Cha Ro
2006-09-26 Correspondence received from, Mr. Bachlow dated Sept.26/06 re: correction of address Peter Bachlow
2006-07-31 Applicant's reply to respondent's argument, Completed on: 2006-07-31 Peter Bachlow
2006-07-17 Respondent's response on the application for leave to appeal, Completed on: 2006-07-17 Peter Bachlow
2006-06-22 Letter acknowledging receipt of an incomplete application for leave to appeal
2006-06-21 Application for leave to appeal, Court of Appeal judgment and order and one copy of leave application missing - C/A judgment and additional copy rec'd July 26/06; Order rec'd Sept. 26/06, Completed on: 2006-09-26 Peter Bachlow

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

Main parties - Appellants
Name Role Status
Bachlow, Peter Applicant Active

v.

Main parties - Respondents
Name Role Status
Jewish Family and Child Services Respondent Active

Counsel

Party: Bachlow, Peter

This party is not represented by counsel.

Party: Jewish Family and Child Services

Counsel
Name
Kirk F. Stevens
Contact information
Lerners LLP
2400 - 130 Adelaide Street West
Toronto, Ontario
M5H 3P5
Telephone: (416) 601-2358
FAX: (416) 867-2421
Email: kstevens@lerners.ca
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
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.

Family law - Custody - Whether Applicant had notice of an alleged consent order submitted to the court on May 28, 2001 when an order for interim custody of his two sons was made in favour of Jewish Family and Child Services - Whether the Court of Appeal erred in failing to find that the Applicant had not received a copy of that order - Whether it had erred in law in failing to find that the order had been wilfully and deceitfully suppressed from the record - Whether it had erred in law in failing to find that the Applicant's rights had thereby been compromised - Whether it had erred in law in failing to find that the trial judge had misapprehended the evidence concerning the date of the apparent execution of an Agreed Statement of Facts - Whether it had erred in law in failing to find that the alleged Agreed Statement of Facts had no legal effect as it had been made under duress - Whether it had erred in law in failing to find that Jewish Family and Child Services had acted in bad faith, suppressed evidence and committed a fraud upon the court.

On May 28, 2001, Jewish Family and Child Services obtained an order taking Mr. Bachlow's sons into interim protective custody on the grounds that they were in need of protection within the meaning of the Child and Family Services Act, R.S.O. 1990, c. C-1, s. 37(2). Pursuant to that order, they were placed in a foster home until January 2002, when custody was granted to their mother, Mr. Bachlow's common law spouse.

In this action, Mr. Bachlow sued Jewish Family and Child Services, claiming that the manner in which Jewish Family and Child Services took the children into custody and its subsequent conduct was high-handed, biased, illegal, and caused him extreme mental anguish. The action and Mr. Bachlow's appeal were dismissed.

Lower court rulings

May 31, 2005
Ontario Superior Court of Justice

02-CV-233987CM

Action in tort dismissed

May 9, 2006
Court of Appeal for Ontario

C43754

Appeal 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 613-996-8666 or at 1-844-365-9662.

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

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 613-996-8666 or at 1-844-365-9662.

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

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 613-996-8666 or at 1-844-365-9662.

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

Webcasts

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Date modified: 2025-02-27