Case information
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35620
Brother Kornelis Klevering v. Attorney General of Canada, et al.
(Federal) (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) |
|---|---|---|
| 2015-12-22 | Close file on Leave | |
| 2015-12-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-12-18 | Judgment on leave sent to the parties | |
| 2015-12-17 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-232-14, 2015 FCA 152, dated June 23, 2015, is dismissed with no order as to costs. Dismissed, no order as to costs |
|
| 2015-11-30 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2015-11-20 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2015-11-20, (Electronic version filed on 2015-11-20) | Brother Kornelis Klevering |
| 2015-11-16 | Correspondence received from, (Letter Form), from applicant dated 2015-11-15 re: response of the respondent AG of Canada, (Electronic version filed on 2015-11-16) | Brother Kornelis Klevering |
| 2015-11-12 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2015-11-12, (Printed version filed on 2015-11-12) | Attorney General of Canada |
| 2015-10-16 | Respondent's response on the application for leave to appeal, (Letter Form), Will not be filing a response, Completed on: 2015-10-16, (Electronic version filed on 2015-10-16) | Marc Mayrand (Chief Electoral Officer) |
| 2015-10-16 | Respondent's response on the application for leave to appeal, (Letter Form), Will not be filing a response, Completed on: 2015-10-16, (Printed version filed on 2015-10-16) | Frank Valeriote |
| 2015-10-14 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2015-10-13 | Correspondence received from, (Letter Form), applicant dated 2015-10-10 re: order signed by Justice Wagner | Brother Kornelis Klevering |
| 2015-10-13 | Certificate (if inappropriate for a judge to take part in adjudication), (Included in the application for leave to appeal) | Brother Kornelis Klevering |
| 2015-10-13 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Brother Kornelis Klevering |
| 2015-10-13 | Application for leave to appeal, (Book Form), Completed on: 2015-10-14 | Brother Kornelis Klevering |
| 2015-09-17 | Correspondence (sent by the Court) to, Brother Kornelis Klevering, application for leave to appeal to be filed, sent from the Registrar. | |
| 2015-09-14 | Order on motion to directions, (by WAGNER J.) | |
| 2015-09-14 |
Decision on motion for directions, Wa, UPON APPLICATION by Brother Kornelis Klevering for an order for directions from the Supreme Court of Canada regarding the filing of a document entitled “Notice of Appeal” and accompanying materials; AND THE MATERIAL FILED having been read; IT IS HEREBY DIRECTED AS FOLLOWS: The notice of appeal as of right and accompanying materials are not accepted for filing pursuant to s. 532(1) of the Canada Elections Act, S.C. 2000, c.9 and Rule 8(2) of the Rules of the Supreme Court of Canada. Brother Kornelis Klevering is directed, if he wishes to appeal the Federal Court of Appeal’s decision dated June 23, 2015, to apply for leave to appeal under s. 40 of the Supreme Court Act within thirty (30) days of this order. Dismissed |
|
| 2015-09-14 | Submission of motion for directions, Wa | |
| 2015-07-30 | Correspondence (sent by the Court) to, the parties, letter dated July 30, 2015, re: seeking direction from a judge of the Court | |
| 2015-07-13 | Reply to motion for directions, (Letter Form), Completed on: 2015-07-13 | Brother Kornelis Klevering |
| 2015-07-08 | Response to motion for directions, (Letter Form), Completed on: 2015-07-08 | Frank Valeriote |
| 2015-07-07 | Motion for directions, (Letter Form), Document entitled "Appeal Book" from the Federal Court of Appeal also filed, Completed on: 2015-07-31 | Brother Kornelis Klevering |
| 2013-12-03 | Order on miscellaneous motion, of (WAGNER J.) | |
| 2013-12-03 |
Decision on the miscellaneous motion, Wa, UPON APPLICATION of the applicant pursuant to Rule 78(1) of the Rules of the Supreme Court of Canada for an order allowing the filing of the appellant’s Notice of Appeal, setting a date for when written material may be submitted and the time for when a full hearing of the appeal may be held or such further and other order that the said judge may deem appropriate; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
|
| 2013-12-03 | Submission of miscellaneous motion, Wa | |
| 2013-11-19 | Letter acknowledging receipt of notice of miscellaneous motion | |
| 2013-11-05 | Correspondence (sent by the Court) to, all parties, letter dated 2013-10-31, re.: proceedings before the SCC may be premature. | |
| 2013-11-05 | Notice of miscellaneous motion, (Book Form), Pursuant to Rule 78 (1) of the SCC allowing the appellant's Notice of Appeal, setting a date for written material and a full hearing., Completed on: 2013-11-05 | Brother Kornelis Klevering |
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 |
|---|---|---|
| Klevering, Brother Kornelis | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
| Mayrand (Chief Electoral Officer), Marc | Respondent | Active |
| Valeriote, Frank | Respondent | Active |
Counsel
Party: Klevering, Brother Kornelis
This party is not represented by counsel.
Party: Attorney General of Canada
Counsel
130 King Street West
Box 36, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 954-8109
FAX: (416) 952-0298
Email: gail.sinclair@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Mayrand (Chief Electoral Officer), Marc
Counsel
Scotia Plaza
40 King Street West
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6244
FAX: (613) 361-7358
Email: ekrajewska@blg.com
Party: Valeriote, Frank
Counsel
160 Elgin Street
26th Floor
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@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.
Canadian Charter of Rights and Freedoms – Appeals and judicial review – Government law – Elections – Contested and controverted elections – Practice and procedure – Limitation periods – Whether the Federal Court of Appeal erred in failing to adopt a more flexible and broader interpretation of s. 527 (b) of the Canada Elections Act by focusing solely on a lateness issue when the more pressing issue of Charter electoral violations should have commanded their attention – Whether Prothonotary Milcyznski erred when she dismissed a Canada Elections Act application for being vexatious and frivolous when the requirements of establishing a fraud, as set down by sections 524(2) and 531 (2) of the Act, had been met by the Applicant – Whether the fraudulent electoral voter suppression activity affected the results of the election, impacted on the integrity of the electoral process and injured democracy to s. 3 of the Charter. Canada Elections Act, (S.C. 2000, c. 9).
The Applicant brought an application contesting the results of the May 2, 2011, federal election for the riding of Guelph. He alleged that there were numerous automated telephone calls that purported to be from Elections Canada and which misdirected voters to non-existing polling stations. The Applicant made his application pursuant to s. 524(1) of the Canada Elections Act.
Lower court rulings
Federal Court
T-1254-12
Application under s. 531(1) of the Canada Elections Act dismissed as vexatious, frivolous or not made in good faith; application filed out of time.
Federal Court of Appeal
A-232-14, 2015 FCA 152
Appeal dismissed.
Memorandums of argument on application for leave to appeal
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Factums on appeal
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