Case information
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32690
Osvaldo Giacomelli, Deceased, by his executors, Leonard Giacomelli and Lou Intini v. Attorney General of Canada representing Her Majesty the Queen in Right of Canada
(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) |
|---|---|---|
| 2008-09-29 | Close file on Leave | |
| 2008-09-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2008-09-26 | Judgment on leave sent to the parties | |
| 2008-09-25 |
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 C47677, 2008 ONCA 346, dated May 2, 2008, is dismissed with costs. Dismissed, with costs |
|
| 2008-08-25 | All materials on application for leave submitted to the Judges, CJ F Ro | |
| 2008-08-25 | Applicant's reply to respondent's argument, Completed on: 2008-08-25 | Osvaldo Giacomelli, Deceased, by his executors, Leonard Giacomelli and Lou Intini |
| 2008-08-15 | Respondent's response on the application for leave to appeal, Completed on: 2008-08-15 | Attorney General of Canada representing Her Majesty the Queen in Right of Canada |
| 2008-06-19 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2008-06-18 | Application for leave to appeal, Final C/A order missing - Rec'd on June 26, 2008, Completed on: 2008-06-18 | Osvaldo Giacomelli, Deceased, by his executors, Leonard Giacomelli and Lou Intini |
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 |
|---|---|---|
| Osvaldo Giacomelli, Deceased, by his executors, Leonard Giacomelli and Lou Intini | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada representing Her Majesty the Queen in Right of Canada | Respondent | Active |
Counsel
Party: Osvaldo Giacomelli, Deceased, by his executors, Leonard Giacomelli and Lou Intini
Counsel
Richmond Hill, Ontario
L4B 3G1
Telephone: (905) 764-6340
FAX: (905) 764-4340
Email: jcolangelo@istar.ca
Agent
66 Slater St
23rd Fl
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-6321 Ext: 237
FAX: (613) 233-4553
Email: kcotton@kellysantini.com
Party: Attorney General of Canada representing Her Majesty the Queen in Right of Canada
Counsel
James Gorham
130 King Street West
Box 36, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 954-8109
FAX: (416) 952-0298
Email: gail.sinclair@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
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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.
Charter of Rights - Constitutional law - Right to equality - Right to life, liberty and security of person - Scope of Charter protection - What is the scope of the rights of an individual who commences a Charter claim during his lifetime but who dies before the claim comes to trial? - Whether Canada (Attorney General) v. Hislop, [2007] 1 S.C.R. 429, 2007 SCC 10, is applicable only to the claims made by estates of claimants in a class action or whether it is of general application to actions commenced during the lifetime of an individual and continued following the individual’s death - What is the jurisdiction of courts to relieve against the strict application of the rule in Hislop where the government fails and delays in making compensation for an admitted historical wrong? - Whether the rule in Hislop precludes the use of the Charter as a defensive remedy.
The Applicant was a Canadian citizen of Italian origin who brought a claim against the Respondent after having been wrongfully arrested and detained in 1940 under the Defence of Canada Regulations, 1940 made pursuant to the War Measures Act, R.S.C. 1927, c. 206. The claim alleged violations of ss. 7 and 15 of the Canadian Charter of Rights and Freedoms. The Respondent sought to strike the statement of claim as disclosing no reasonable cause of action, but its motion was unsuccessful. The Applicant died on March 4, 2006 and the proceeding was stayed in accordance with the Rules of Civil Procedure pending an Order to Continue, which was obtained by the trustees of the Applicant’s estate on July 13, 2006. Following the Supreme Court of Canada’s decision in Hislop, the Respondent brought a motion to vary the Order to Continue. The Respondent asked that the order be varied so that any Charter claims could not be continued by the estate. The motion was granted. The Applicant’s subsequent appeal was dismissed.
Lower court rulings
Ontario Superior Court of Justice
04-15518
See file
Court of Appeal for Ontario
C47677, 2008 ONCA 346
See file
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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