Case information
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32700
Lorraine Paquin v. Ottawa-Carleton District School Board, et al.
(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) |
|---|---|---|
| 2009-06-19 | Close file on Leave | |
| 2009-06-19 | Reconsideration not accepted for filing, (documents returned) | |
| 2009-02-26 | Certificate of taxation issued to, John E. Summers | |
| 2009-02-24 | Decision on the bill of costs, in the amount of $1,075.00, DeRg | |
| 2009-02-24 | Submission of the bill of costs, DeRg | |
| 2009-02-06 | Correspondence received from, Mrs. Paquin dated Feb. 5/09 re: Ottawa Police Investigation | Lorraine Paquin |
| 2009-02-06 | Response to the bill of costs, cc. to J.E. Summers, Completed on: 2009-02-06 | Lorraine Paquin |
| 2009-02-04 | Bill of costs, AMENDED, Completed on: 2009-02-04 | Ottawa-Carleton District School Board |
| 2009-01-12 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2008-12-30 | Motion for reconsideration of the application for leave to appeal, Completed on: 2008-12-30 | Lorraine Paquin |
| 2008-12-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2008-12-05 | Judgment on leave sent to the parties | |
| 2008-12-04 |
Judgment of the Court on the application for leave to appeal, The application for an extension of time is granted and the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C47643, 2008 ONCA 154, dated March 3, 2008, is dismissed with costs. Dismissed, with costs |
|
| 2008-12-04 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2008-11-24 | Correspondence received from, L. Paquin rec'd by fax re: copy of the 26 page notice of motion filed by the applicant at the Superior Court of Justice | Lorraine Paquin |
| 2008-11-07 | Correspondence received from, L. Paquin re: copy of the letter sent by the applicant to Mike Warburton dated Nov. 7/08 (by fax) | Lorraine Paquin |
| 2008-10-27 | Correspondence received from, L. Paquin re: copy of the letter sent by the applicant to Mike Warburton and Gloria Neville dated Oct. 27/08 (by fax) | Lorraine Paquin |
| 2008-10-20 | Correspondence received from, L. Paquin re: copy of the letter sent by the applicant to Mike Warburton and Gloria Neville dated Oct. 20/08 (by fax) | Lorraine Paquin |
| 2008-10-20 | Supplemental document, Ontario Superior Court of Justice - Trial Proceedings - Vol. I to XII (sent to the judges Oct. 21/08) | Lorraine Paquin |
| 2008-10-16 | Correspondence received from, L. Paquin dated Oct. 9/08 re: enclosing a letter from the Ministry of the Ontario Attorney General's Office (sent to the judges Oct. 21/08) | Lorraine Paquin |
| 2008-10-06 | All materials on application for leave submitted to the Judges, CJ F Ro | |
| 2008-10-06 | Submission of motion to extend time to file and/ or serve the leave application, CJ F Ro | |
| 2008-10-03 | Correspondence received from, L. Paquin dated Oct. 3/08 re: enclosing an article published in May 2008 | Lorraine Paquin |
| 2008-10-02 | Supplemental document, Transcript of Proceedings (book form) | Lorraine Paquin |
| 2008-10-02 | Discontinuance of the miscellaneous motion, for both motions (p. 1 of the transcript of proccedings book) | Lorraine Paquin |
| 2008-09-29 | Supplemental document, rec'd by the applicant. Copy of document sent to the Gov. of Canada re: Access to Information Request Form for Ottawa Carleton District School Board and Superior Court of Justice | Lorraine Paquin |
| 2008-09-05 | Supplemental document, copy of decision on motion from Sheffield J. re: motion should be placed on regular motion list | Lorraine Paquin |
| 2008-09-02 | Supplemental document, 1 copy of a Notice of Motion, a Motion Record and a factum dated Sept. 2/08 filed at the Ontario Superior Court of Justice re: transcript (book form) | Lorraine Paquin |
| 2008-08-18 | Correspondence received, dated July 30/08 addresed by the A. G. of Ontario to Mrs. Paquin re: settlement Conference returnable Oct. 1/08 | |
| 2008-08-18 | Notice of miscellaneous motion, (Amended) to have the transcript of Trial proceedings released (bookform), Completed on: 2008-08-18 | Lorraine Paquin |
| 2008-07-24 | Applicant's reply to respondent's argument, Completed on: 2008-07-24 | Lorraine Paquin |
| 2008-07-18 | Respondent's response on the application for leave to appeal, Completed on: 2008-07-18 | Ottawa-Carleton District School Board |
| 2008-07-14 | Notice of miscellaneous motion, to have the transcript of Trial proceedings released (Amended motion filed Aug. 18/08) (bookform), Completed on: 2008-07-14 | Lorraine Paquin |
| 2008-07-10 | Correspondence received from, Ms. Paquin by fax dated July-10-08 re: ammended draft order, c.c.: Summers and Mills | Lorraine Paquin |
| 2008-06-27 | Correspondence received from, Ms. Paquin by fax dated June-27-08 re: draft order and formal C/A Order form, estimated time for filing is July-11-08 (original form filed July-04-08) | Lorraine Paquin |
| 2008-06-24 | Correspondence received from, Ms. Paquin by fax dated June-24-08 re: draft order (original rec'd June 26/08) | Lorraine Paquin |
| 2008-06-24 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2008-06-23 | Motion to extend the time to file and or serve the application for leave to appeal, included in leave application, Completed on: 2008-06-23 | Lorraine Paquin |
| 2008-06-23 | Application for leave to appeal, motion for extension of time to file a leave application included (formal order missing-rec'd from court of appeal on July-18-08)(original + 5 copies of C/A Order and 6 copies of an ammended endorsent rec'd from Ms. Paquin on July 24-08), Completed on: 2008-06-24 | Lorraine Paquin |
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 |
|---|---|---|
| Paquin, Lorraine | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ottawa-Carleton District School Board | Respondent | Active |
| Joan Wilson and Michael Neill | Respondent | Active |
Counsel
Party: Paquin, Lorraine
This party is not represented by counsel.
Party: Ottawa-Carleton District School Board
Counsel
John Summers
700 - 116 Lisgar Street
Ottawa, Ontario
K2P 0C2
Telephone: (613) 237-3444
FAX: (613) 237-1413
Email: rmills@bellbaker.com
Party: Joan Wilson and Michael Neill
Counsel
John Summers
700 - 116 Lisgar Street
Ottawa, Ontario
K2P 0C2
Telephone: (613) 237-3444
FAX: (613) 237-1413
Email: rmills@bellbaker.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.
Charter — Tort law — Defamation — Applicant found liable for defamation — Whether court of appeal had basis for interfering with trial judge's finding — Canadian Charter of Rights and Freedoms, s. 2.
Paquin is the mother of Nicole who was born with Down Syndrome. At the time in question, Nicole was a student at a school of the Respondent Ottawa-Carleton District School Board. The Respondent Wilson was the school’s Principal and the Respondent Neill was the Superintendent of Instruction for that school.
The Respondents brought an action against Paquin seeking damages pursuant to the Libel and Slander Act, R.S.O. 1990 c. L.12 as a result of the publication of a “News Release” on the internet on January 19, 2005.
At the opening of the trial, the Board moved to withdraw its claim against Paquin. After hearing submissions of all parties, the trial judge granted the request.
The trial judge went on to find that the News Release contained four statements that were defamatory to the Respondents and he found Paquin liable for the defamation.
Her subsequent appeal was dismissed.
The issue is whether the Board's withdrawal was a violation of Paquin's fundamental freedoms contained in s. 2 of the Charter.
Lower court rulings
Ontario Superior Court of Justice
05-CV-030303
see file / voir dossier
Court of Appeal for Ontario
C47643, 2008 ONCA 154
see file / voir dossier
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
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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
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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
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