Case information
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34553
Andrew Mark Alexander Lawrence v. Peel Regional Police Force, 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) |
|---|---|---|
| 2012-03-15 | Close file on Leave | |
| 2012-03-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-03-09 | Judgment on leave sent to the parties | |
| 2012-03-08 |
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, Numbers M39681 and M39966, dated September 23, 2011, is dismissed without costs. Dismissed, without costs |
|
| 2012-02-06 | All materials on application for leave submitted to the Judges, De F Ka | |
| 2011-12-30 | Correspondence received from, from Mr. Dewart by e-mail re: Reason for judgment of Mar. 30/11 | Theresa Maclean |
| 2011-12-14 | Respondent's response on the application for leave to appeal, (Letter Form), from R. Szymanski, dated Dec 13, 2011, Completed on: 2011-12-14 | Peel Regional Police Force |
| 2011-12-13 | Correspondence received from, S. Dewart dated Dec. 9/11 re: Carol Lawrence's status and confirming she did not participate in the lower courts | Theresa Maclean |
| 2011-12-05 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2011-12-05 | Respondent's response on the application for leave to appeal, (Letter Form), letter form from Mr. Dewart dated Nov. 30/11 re: will not be participating, Completed on: 2011-12-05 | Theresa Maclean |
| 2011-11-24 | Correspondence (sent by the Court) to, the parties re: acknowledgement | |
| 2011-11-22 | Application for leave to appeal, (Reason of Mar. 30/11 rec'd by e-mail Dec. 30/11, there is no formal order), Completed on: 2012-02-03 | Andrew Mark Alexander Lawrence |
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 |
|---|---|---|
| Lawrence, Andrew Mark Alexander | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Peel Regional Police Force | Respondent | Active |
| Maclean, Theresa | Respondent | Active |
Counsel
Party: Lawrence, Andrew Mark Alexander
This party is not represented by counsel.
Party: Peel Regional Police Force
Counsel
2 Queen Street
Suite 1500
Toronto, Ontario
M5C 3G5
Telephone: (416) 593-3946
FAX: (416) 593-5437
Email: emazzuca@blaney.com
Party: Maclean, Theresa
Counsel
102 - 366 Adelaide Street West
Toronto, Ontario
M5V 1R9
Telephone: (416) 971-8000
FAX: (416) 971-8001
Email: sdewart@dgllp.ca
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.
Civil Procedure – Motion for an extension of time to file and serve a motion for leave to appeal dismissed – Motion to set aside that decision dismissed – Whether the extension of time should have been granted – Whether the police in this case acted negligently or violated the applicant’s right to silence – Whether the lower courts should have drawn a negative inference from the fact that a witness was not called to testify at trial.
The applicant, Andrew Lawrence, commenced an action in damages against his ex-wife and her lawyer, the respondent Theresa MacLean, for allegedly making false allegations which led to criminal charges being laid against him by the respondent Peel Regional Police Force. Mr. Lawrence alleged that his ex-wife and Ms. MacLean conspired together and falsely reported criminal conduct in order to gain an advantage in the matrimonial litigation. Mr. Lawrence also directed his claim towards the Police Force, alleging that it had negligently investigated the allegations. The Ontario Superior Court of Justice dismissed the action and the Divisional Court dismissed the appeal. Mr. Lawrence applied to the Court of Appeal for Ontario for an extension of time to serve and file a motion for leave to appeal that judgment, but he was unsuccessful, and the Court of Appeal later refused to set aside that decision.
Lower court rulings
Ontario Superior Court of Justice
03-CV-255317CM1, 2009 CanLII 19934
Action dismissed
Ontario Superior Court of Justice
2010 ONSC 6317, 276-09
Appeal dismissed
Court of Appeal for Ontario
M39682
Motion to extend time to file and serve a motion for leave to appeal dismissed
Court of Appeal for Ontario
M39681, M39966
Motion to set aside the decision of March 30, 2011, 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
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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 613-996-8666 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
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 613-996-8666 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