Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
35616
Ray Khan, et al. v. Metroland Printing, 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) |
|---|---|---|
| 2014-05-08 | Close file on Leave | |
| 2014-05-07 | Certificate of taxation issued to, Mr. Charles M. Loopstra, Q.C. | |
| 2014-05-07 | Decision on the bill of costs, in the amount of $1,331.58, Reg | |
| 2014-04-17 | Submission of the bill of costs, Reg | |
| 2014-04-17 | Bill of costs, Completed on: 2014-04-17 | Estate of William F. Bell, deceased |
| 2014-03-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-03-14 | Judgment on leave sent to the parties | |
| 2014-03-13 |
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 for Ontario, Number C57137, 2013 ONCA 571, dated September 16, 2013, is dismissed with costs. Dismissed, with costs |
|
| 2014-02-10 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2014-01-09 | Book of authorities, (Book Form) | Ray Khan |
| 2014-01-09 | Applicant's reply to respondent's argument, (Book Form), Reply to Metroland Printing et al., Completed on: 2014-01-09 | Ray Khan |
| 2014-01-08 | Book of authorities, (Book Form) | Ray Khan |
| 2014-01-08 | Applicant's reply to respondent's argument, (Book Form), Reply to William F. Bell., Completed on: 2014-01-08, (Electronic version due on 2014-01-15) | Ray Khan |
| 2013-12-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-12-16 | Metroland Printing |
| 2013-12-11 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-12-11 | Estate of William F. Bell, deceased |
| 2013-11-20 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2013-11-15 | Application for leave to appeal, (Book Form), Service missing (rec'd 2013-11-20), CA order filed 2013-11-18 (2 volumes), Completed on: 2013-11-21 | Ray Khan |
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 |
|---|---|---|
| Khan, Ray | Applicant | Active |
| James Khan, Sonny Khan | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Metroland Printing | Respondent | Active |
| Publishing & Distributing Ltd., Ian Proudfoot, Brenda Larson, Debora Kelly, David Teetzel, Christopher Douris | Respondent | Active |
| Estate of William F. Bell, deceased | Respondent | Active |
Counsel
Party: Khan, Ray
Counsel
BCE Place, Box 754
1800-181 Bay St.
Toronto, Ontario
M5J 2T9
Telephone: (416) 865-7751
FAX: (416) 863-1515
Email: phealey@airdberlis.com
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: James Khan, Sonny Khan
Counsel
BCE Place, Box 754
1800-181 Bay St.
Toronto, Ontario
M5J 2T9
Telephone: (416) 865-7751
FAX: (416) 863-1515
Email: phealey@airdberlis.com
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: Metroland Printing
Counsel
Commerce Court West
2800 - 199 Bay St.
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-5849
FAX: (416) 863-2653
Email: ryder.gilliland@blakes.com
Party: Publishing & Distributing Ltd., Ian Proudfoot, Brenda Larson, Debora Kelly, David Teetzel, Christopher Douris
Counsel
Commerce Court West
2800 - 199 Bay St.
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-5849
FAX: (416) 863-2653
Email: ryder.gilliland@blakes.com
Party: Estate of William F. Bell, deceased
Counsel
Daron L. Earthy
135 Queens Plate Drive
Suite 600
Toronto, Ontario
M9W 6V7
Telephone: (416) 748-4755
FAX: (416) 746-8319
Email: cloopstra@loonix.com
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.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.
Courts — Procedural law — Dismissal for delay — Whether the principles of fairness dictate that leave should be granted — Whether access to justice concerns dictate that leave should be granted — Whether the jurisprudence which stipulates the import of a need for a man or a women to protect their reputation dictate that leave should be granted?
The plaintiff Colleen Khan, now deceased, was a mayoral candidate in Richmond Hill’s 1997 municipal election. In 1998, she, along with Shelly Khan and the current applicants, commenced an action alleging that Metroland had published defamatory statements, including statements allegedly made by the respondent William Bell, the successful mayoral candidate, now also deceased, in its newspaper. Over the next few months, the respondents delivered a statement of defence along with a counter-claim alleging libel and slander in Ms. Khan’s campaign literature, and the applicants filed statements of defence. Examination for discovery of Mr. Bell and one other examination for discovery took place in October 1998, but there have been no other examinations for discovery.
In June 2001, Nordheimer J. was appointed as case management judge. With the exception of the motion to dismiss for delay, no steps have been taken since May 2005.
Nordheimer J. found that the delay was excessive and granted the motion to dismiss for delay. The Court of Appeal held that Nordheimer J. had not committed any palpable or overriding error. Colleen Khan and Shelly Khan have both retired from the current application for leave.
Lower court rulings
Ontario Superior Court of Justice
98-CV-140288, 2013 ONSC 944
Claims brought by against Bell dismissed for delay; counterclaim by Bell dismissed without costs; costs fixed
Court of Appeal for Ontario
C57137, 2013 ONCA 571
Appeal dismissed with fixed costs
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
Not available
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
Not available