Case information
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35036
Larry Peter Klippenstein v. Attorney General of Manitoba
(Manitoba) (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) |
|---|---|---|
| 2014-06-19 | Correspondence (sent by the Court) to, Mr. Klippenstein returning documents and money order. | |
| 2014-05-01 | Correspondence (sent by the Court) to, applicant, returning money orders in files 35036, 35053, 35436 and 35588 once more. | |
| 2014-04-22 | Correspondence received from, applicant regarding money orders returned 2014-04-14. | Larry Peter Klippenstein |
| 2014-04-17 | Correspondence (sent by the Court) to, appicant, returning documents received 2014-04-11. | |
| 2014-04-14 | Correspondence (sent by the Court) to, the applicant returning money orders in files 35036, 35053, 35436 and 35588. | |
| 2014-04-04 | Correspondence received from, requesting filing receipts | Larry Peter Klippenstein |
| 2014-03-24 | Correspondence (sent by the Court) to, applicant, forwarding copy of Order dated 2014-03-21. | |
| 2014-03-21 |
Order by, Ka, WHEREAS the Registrar has applied for an order under Rule 66 of the Rules of the Supreme Court of Canada (the Rules); Subrule 66(2) of the Rules provides that “A judge may, on motion or at the request of the Registrar under Rule 67, order that no further documents be filed by any party relating to a proceeding if the judge is satisfied that the filing of further documents by a party would be vexatious or made for an improper purpose”; AND WHEREAS notice under Rule 67 of the Rules has been served on the parties; In the matter of Larry Peter Klippenstein v. Attorney General of Canada (35436), Mr. Klippenstein’s application for leave to appeal was denied on October 17, 2013. I have reviewed Mr. Klippenstein’s further correspondence and material on this matter. I am satisfied that the filing of further documents would be vexatious and would serve no purpose. In the matters of Larry Peter Klippenstein v. Attorney General of Manitoba (35036) and Larry Peter Klippenstein v. Minister of Family Services and Consumer Affairs (35053), Mr. Klippenstein’s applications for leave to appeal were denied on December 13, 2012 and January 10, 2013, respectively. Mr. Klippenstein applied for reconsideration pursuant to Rule 73 of the Rules. I have reviewed the motions for reconsideration. I am satisfied that, as the Registrar determined, there are no exceedingly rare circumstances in either case that warrant re-consideration by the Court. I am also satisfied that Mr. Klippenstein has no further avenue for recourse under the Supreme Court Act or the Rules and that the filing of further documents in these two matters would be vexatious and would serve no purpose. The Registrar has fulfilled the requirements under Rule 67 and has requested that I make orders under subrule 66(2) for each of the matters. Having reviewed these files, including the material filed by Mr. Klippenstein, I am satisfied that no further documents should be filed in these proceedings. BY VIRTUE of the authority given to the Court pursuant to Rule 66 of the Rules; IT IS HEREBY ORDERED that the applicant is prohibited from filing further documents in these proceedings. Dismissed |
|
| 2014-02-25 | Correspondence received from, (Book Form), the applicant in response to Rule 67 notice. | Larry Peter Klippenstein |
| 2014-02-13 | Correspondence (sent by the Court) to, all parties (Letter and Notice pursuant to Rule 67) sent by Purolator. | |
| 2013-12-09 | Notice of miscellaneous motion, (Book Form), review of a decision of the Registrar., Completed on: 2013-12-09 | Larry Peter Klippenstein |
| 2013-12-09 | Notice of miscellaneous motion, (Book Form), review of a decision of the Registrar., Completed on: 2013-12-09 | Larry Peter Klippenstein |
| 2013-12-09 | Motion for reconsideration of the application for leave to appeal, (Book Form), Completed on: 2013-12-09 | Larry Peter Klippenstein |
| 2013-11-07 | Close file on Leave | |
| 2013-11-07 | Correspondence (sent by the Court) to, Mr. Klippenstein returning all documents | |
| 2013-10-10 | Reconsideration not accepted for filing, (documents returned) | |
| 2013-07-10 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2013-06-26 | Supplemental document, on reconsideration | Larry Peter Klippenstein |
| 2013-06-26 | Motion for reconsideration of the application for leave to appeal, (Book Form), (joint with an estension of time), Completed on: 2013-06-26 | Larry Peter Klippenstein |
| 2012-12-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-12-14 | Judgment on leave sent to the parties | |
| 2012-12-13 |
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 of Manitoba, Number AI 11-30-07651, 2012 MBCA 77, dated August 27, 2012, is dismissed without costs. Dismissed, without costs |
|
| 2012-11-26 | Correspondence received from, Larry Klippenstein dated November 22, 2012. Re: Corrections to his reply | Larry Peter Klippenstein |
| 2012-11-19 | All materials on application for leave submitted to the Judges, F Ro Mo | |
| 2012-11-14 | Applicant's reply to respondent's argument, Completed on: 2012-11-14 | Larry Peter Klippenstein |
| 2012-11-09 | Respondent's response on the application for leave to appeal, Completed on: 2012-11-09 | Attorney General of Manitoba |
| 2012-10-29 | Correspondence received from, Return of the C/A order form | Larry Peter Klippenstein |
| 2012-10-19 | Correspondence received from, Larry Klippenstein Re: Does not agree with the draft C/A order | Larry Peter Klippenstein |
| 2012-10-17 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2012-10-16 | Correspondence (sent by the Court) to, Acknowledgment letter | |
| 2012-10-16 | Correspondence received from, Sean Boyd dated October 15, 2012. Re: Extension of time | Attorney General of Manitoba |
| 2012-10-16 | Application for leave to appeal, C/A order missing - Rec'd on November 13, 2012., Completed on: 2012-11-13 | Larry Peter Klippenstein |
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 |
|---|---|---|
| Klippenstein, Larry Peter | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Manitoba | Respondent | Active |
Counsel
Party: Klippenstein, Larry Peter
This party is not represented by counsel.
Party: Attorney General of Manitoba
Counsel
Tom Dobson
7th Floor - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-0165
FAX: (204) 948-2041
Email: sean.boyd@gov.mb.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@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.
Charter of Rights – Right to equality – Civil procedure – Representation by counsel – Applicant bringing motion to have counsel appointed with respect to his applications – Whether it is constitutionally valid to deny Applicant’s motion for appointment of counsel – Whether it is supportable under s. 15 at the Charter for a vulnerable person not to be provided counsel to defend his or her interests
Mr. Klippenstein brought a motion to have counsel appointed to represent him with respect to four applications that he had filed in the Court of Queen’s Bench pursuant to s. 5 of The Constitutional Questions Act, C.C.S.M., c. C180.
Lower court rulings
Court of Queen’s Bench of Manitoba
CI 11-01-70150, 2011 MBQB 226
Applicant’s motion to have government-funded counsel appointed with respect to his applications dismissed
Court of Appeal of Manitoba
AI 11-30-07651, 2012 MBCA 77
See file
Memorandums of argument on application for leave to appeal
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Related links
Factums on appeal
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