Case information
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33819
Les éditions Écosociété Inc., et al. v. Banro Corporation
(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) |
|---|---|---|
| 2012-04-20 | Appeal closed | |
| 2012-04-19 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-04-19 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-04-18 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for Ontario, Number C50209, 2010 ONCA 416, dated June 7, 2010, heard on March 25, 2011, is dismissed with costs. Dismissed, with costs |
|
| 2012-03-06 | Correspondence (sent by the Court) to, All parties, dated March 6th 2012 re: Justice Binnie recusing himself from the case | |
| 2011-04-18 | Transcript received, (69 pages) | |
| 2011-03-25 | Judgment reserved OR rendered with reasons to follow | |
| 2011-03-25 |
Hearing of the appeal, 2011-03-25, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2011-03-25 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2011-03-25 | Intervener's condensed book, Filed in Court | British Columbia Civil Liberties Association |
| 2011-03-25 | Intervener's condensed book, Filed in Court | Canadian Civil Liberties Association |
| 2011-03-25 | Respondent's condensed book, Filed in Court | Banro Corporation |
| 2011-03-25 | Appellant's condensed book, Filed in Court | Les éditions Écosociété Inc. |
| 2011-03-23 | Correspondence received from, William C. McDowell dated March 22/11 re consents to the proposed fresh evidence (sent to the Court March 23/11) | Les éditions Écosociété Inc. |
| 2011-03-23 | Correspondence received from, Henry S. Brown, Q.C. dated March 23/11 re further to the appellants' consent, will not present oral argument on the new evidence application (sent to the Court March 23/11) | Banro Corporation |
| 2011-03-21 | Order on motion to adduce new evidence, (BY CHARRON J.) | |
| 2011-03-21 |
Decision on motion to adduce new evidence, Cha, UPON APPLICATION by Banro Corporation, for an order granting leave to adduce new evidence namely the affidavit of Lisa Chuyow, sworn March 1, 2011; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is referred to the panel of the Court hearing the appeal and may be argued at the commencement of the hearing, scheduled for March 25, 2011. If so argued, the time required for the argument of this motion will be deducted from the time allotted to the appellants and respondent for the presentation of their submissions on the appeal Referred |
|
| 2011-03-21 | Submission of motion to adduce new evidence, Cha | |
| 2011-03-18 | Reply to motion to adduce new evidence, (bookform) (add. copies rec'd March 22/11 and sent to the Court), Completed on: 2011-03-22 | Banro Corporation |
| 2011-03-17 | Correspondence received from, Patricia Wilson re: amended Books of Authorities rec'd with service | Canadian Civil Liberties Association |
| 2011-03-17 | Notice of appearance, William Amos will also be appearing | Les éditions Écosociété Inc. |
| 2011-03-15 |
Order by, F, FURTHER TO THE ORDER dated February 18, 2011, granting leave to intervene to the Canadian Civil Liberties Association and the British Columbia Civil Liberties Association; IT IS HEREBY FURTHER ORDERED THAT the interveners are granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal Granted |
|
| 2011-03-14 | Correspondence received from, Robert D. Holmes, Q.C. dated March 14/11 re oral submission | British Columbia Civil Liberties Association |
| 2011-03-14 | Response to the motion to adduce new evidence, (bookform) (add. copies rec'd March 22/11 and sent to the Court), Completed on: 2011-03-14 | Les éditions Écosociété Inc. |
| 2011-03-11 | Intervener's book of authorities, DO NOT MICROFILM - Amended Authorities requested to reflect the CD, rec'd Mar. 17/11 with service, Completed on: 2011-03-18 | Canadian Civil Liberties Association |
| 2011-03-11 | Intervener's factum, CD rec'd Mar. 15/11, Completed on: 2011-03-15 | Canadian Civil Liberties Association |
| 2011-03-11 | Notice of appearance, Karim Renno, Karine Chênevert and Fady Hammal will be appearing, Mr. Renno will make oral submission | Canadian Civil Liberties Association |
| 2011-03-11 | Notice of appearance, William C. McDowell and Yashoda Ranganathan will be appearing, Brian Kolenda articling student will be participating | Les éditions Écosociété Inc. |
| 2011-03-11 | Intervener's book of authorities, Completed on: 2011-03-11 | British Columbia Civil Liberties Association |
| 2011-03-11 | Intervener's factum, Completed on: 2011-03-11 | British Columbia Civil Liberties Association |
| 2011-03-09 | Appeal perfected for hearing | |
| 2011-03-07 | Notice of appearance, Robert Holmes and Jason Gratl will be present at the hearing. | British Columbia Civil Liberties Association |
| 2011-03-04 | Respondent's book of authorities, Completed on: 2011-03-04 | Banro Corporation |
| 2011-03-04 | Respondent's record, Completed on: 2011-03-04 | Banro Corporation |
| 2011-03-04 | Respondent's factum, Completed on: 2011-03-04 | Banro Corporation |
| 2011-03-03 | Motion to adduce new evidence, namely the affidavit of Lisa Chuyow sworn March 1/11 (bookform) (add. copies rec'd March 22/11 and sent to the Court), Completed on: 2011-03-03 | Banro Corporation |
| 2011-03-02 | Notice of appearance, Lorne Honickman and Rory Barnable will be appearing | Banro Corporation |
| 2011-02-18 | Order on motion for leave to intervene, (BY FISH J.) | |
| 2011-02-18 |
Decision on the motion for leave to intervene, F, UPON APPLICATIONS by the Canadian Civil Liberties Association and the British Columbia Civil Liberties Association for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Canadian Civil Liberties Association and the British Columbia Civil Liberties Association are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length on or before March 11, 2011. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners 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) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their intervention Granted |
|
| 2011-02-18 | Submission of motion for leave to intervene, F | |
| 2011-02-17 | Response to the motion for leave to intervene, (Letter Form), from Lorne Honickman dated Feb. 17/11, Completed on: 2011-02-17 | Banro Corporation |
| 2011-02-16 | Response to the motion for leave to intervene, (Letter Form), from William C. McDowell dated Feb. 16/11, Completed on: 2011-02-16 | Les éditions Écosociété Inc. |
| 2011-02-11 | Intervener's book of authorities, on Motion, Completed on: 2011-02-11 | British Columbia Civil Liberties Association |
| 2011-02-11 | Motion for leave to intervene, (bookform), Completed on: 2011-02-11 | British Columbia Civil Liberties Association |
| 2011-02-11 | Motion for leave to intervene, (bookform), Completed on: 2011-02-11 | Canadian Civil Liberties Association |
| 2011-02-04 | Appellant's book of authorities, (3 volumes), Completed on: 2011-02-04 | Les éditions Écosociété Inc. |
| 2011-02-04 | Appellant's record, Completed on: 2011-02-04 | Les éditions Écosociété Inc. |
| 2011-02-04 | Appellant's factum, Completed on: 2011-02-04 | Les éditions Écosociété Inc. |
| 2011-01-21 | Notice of appeal, Completed on: 2011-01-21 | Les éditions Écosociété Inc. |
| 2011-01-21 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (scheduled) | |
| 2011-01-20 |
Appeal hearing scheduled, 2011-03-25, (start time 9:30am) Judgment reserved |
|
| 2011-01-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-01-17 | Judgment on leave sent to the parties | |
| 2011-01-13 |
Judgment of the Court on the application for leave to appeal, The motion to expedite the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C50209, 2010 ONCA 416, dated June 7, 2010, is granted with costs in the cause. The appeal is to be heard on March 25, 2011, and the schedule for serving and filing the material and any application for leave to intervene shall be set by the Registrar. Granted, with costs |
|
| 2011-01-13 |
Decision on motion to expedite the application for leave to appeal, CJ Abe Cro Granted |
|
| 2011-01-06 | Submission of motion to expedite the application for leave to appeal, CJ Abe Cro | |
| 2010-12-22 | Response to the motion to expedite the application for leave to appeal, (joint with the motion), Completed on: 2010-12-22 | Les éditions Écosociété Inc. |
| 2010-12-22 | Motion to expedite the application for leave to appeal, Completed on: 2010-12-22 | Banro Corporation |
| 2010-11-29 | All materials on application for leave submitted to the Judges, CJ Abe Cro | |
| 2010-10-12 | Applicant's reply to respondent's argument, Completed on: 2010-10-12 | Les éditions Écosociété Inc. |
| 2010-09-30 | Respondent's response on the application for leave to appeal, Completed on: 2010-09-30 | Banro Corporation |
| 2010-09-08 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2010-09-01 | Book of authorities | Les éditions Écosociété Inc. |
| 2010-09-01 | Application for leave to appeal, Completed on: 2010-09-01 | Les éditions Écosociété Inc. |
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 |
|---|---|---|
| Les éditions Écosociété Inc. | Appellant | Active |
| Alain Deneault, Delphine Abadie and William Sacher | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Banro Corporation | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Civil Liberties Association | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
Counsel
Party: Les éditions Écosociété Inc.
Counsel
Yashoda Ranganathan
130 Adelaide Street West
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-2949
FAX: (416) 865-9010
Email: wmcdowell@litigate.com
Agent
50 O'Connor Street, Suite 1500
Ottawa, Ontario
K1P 6L2
Telephone: (613) 238-8080
FAX: (613) 238-2098
Email: patricia.lawson@nelligan.ca
Party: Alain Deneault, Delphine Abadie and William Sacher
Counsel
Yashoda Ranganathan
130 Adelaide Street West
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-2949
FAX: (416) 865-9010
Email: wmcdowell@litigate.com
Agent
50 O'Connor Street, Suite 1500
Ottawa, Ontario
K1P 6L2
Telephone: (613) 238-8080
FAX: (613) 238-2098
Email: patricia.lawson@nelligan.ca
Party: Banro Corporation
Counsel
Sabine Kharabian
Rory Barnable
130 King Street West, Suite 2700
P.O. Box 136
Toronto, Ontario
M5X 1C7
Telephone: (416) 860-0001
FAX: (416) 860-0003
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Canadian Civil Liberties Association
Counsel
1000, rue de la Gauchetière Ouest
Bureau 2100
Montréal, Quebec
H3B 4W5
Telephone: (514) 904-8108
FAX: (514) 904-8101
Email: krenno@osler.com
Agent
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: British Columbia Civil Liberties Association
Counsel
Jason B. Gratl
1300 - 1111 West Georgia Street
Vancouver, British Columbia
V6E 4M3
Telephone: (604) 681-1310
FAX: (604) 681-1307
Email: rdholmes@mhklaw.com
Agent
1500 - 50 O'Connor St.
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8276
FAX: (613) 788-3681
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.
Private international law - Courts - Jurisdiction - Choice of forum - Jurisdiction simpliciter - Forum conveniens - Real and substantial connection test - Torts - Libel and slander - Foreign defendants moving to stay action for want of jurisdiction or on grounds of forum non conveniens - Whether there are particular concerns raised by multi-jurisdictional defamation claims in applying any test for judicial jurisdiction – Whether jurisdiction was properly assumed by the courts below in this case – Whether there are particular concerns raised in multi-jurisdictional defamation cases in applying the test for forum non conveniens – Whether the courts below erred in concluding that Québec was not a clearly more appropriate forum.
The underlying action by the respondent arises out of the publication of allegedly defamatory statements in a book published, written, researched and edited by the appellants. The respondent is an Ontario corporation with its headquarters in Toronto. The appellants are Quebec residents. The book was published in Quebec, and was subsequently released to bookstores in Quebec, Ontario and elsewhere in Canada. The book is also available for purchase on the web and is referenced on many websites and in newspaper articles available and accessible in Ontario.
The respondent brought an action against the appellants, seeking damages for libel as well as punitive damages, aggravated damages and an injunction restraining further dissemination of the book. The appellants brought a motion to stay the action on the basis that there was no real and substantial connection between the subject matter of the action and Ontario, and that Ontario was not the convenient forum for trial of the action. The Ontario Superior Court of Justice dismissed the appellants’ motion to stay the action. The motion judge found that a fair weighing of the applicable factors clearly favoured assumed jurisdiction and that the applicable factors also favoured Ontario on the issue of convenient forum. The Court of Appeal for Ontario dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
CV-08-00356266-0000
Motion for stay the action dismissed
Court of Appeal for Ontario
C50209, 2010 ONCA 416
Appeal dismissed
Memorandums of argument on application for leave to appeal
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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.
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