Case information
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35849
N.R. v. Children's Aid Society of Toronto, et al.
(Ontario) (Civil) (By Leave)
(Publication ban in case) (Publication ban on party) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-07-25 | Close file on Leave | |
| 2014-07-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-07-25 | Judgment on leave sent to the parties | |
| 2014-07-24 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C54126, 2012 ONCA 315, dated April 30, 2012, is dismissed. In any event, had such a motion been granted, the application for leave to appeal would have been dismissed without costs. Dismissed |
|
| 2014-06-23 | All materials on application for leave submitted to the Judges, Abe Ro Mo | |
| 2014-06-23 | Submission of motion to extend time to file and/ or serve the leave application, Abe Ro Mo | |
| 2014-06-05 | Correspondence received from, (Letter Form), Applicant, re.: Asking that all 4 applications be considered together | N.R. |
| 2014-06-05 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2014-06-05 | N.R. |
| 2014-04-29 | Respondent's response on the application for leave to appeal, (Letter Form), Will not be responding to the Application for Leave to Appeal, Completed on: 2014-04-29 | Children's Aid Society of Toronto |
| 2014-04-24 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED APRIL 24, 2014 | |
| 2014-04-16 | Correspondence (sent by the Court) to, Acknowledgement letter | |
| 2014-04-15 | Certificate (if inappropriate for a judge to take part in adjudication) | N.R. |
| 2014-04-15 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | N.R. |
| 2014-04-15 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2014-04-15 | N.R. |
| 2014-04-15 | Application for leave to appeal, (Book Form), Motion to ext. time included. Fee waiver requested (GRANTED)., Completed on: 2014-04-15 | N.R. |
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 |
|---|---|---|
| N.R. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Children's Aid Society of Toronto | Respondent | Active |
| Gavendo, Hanna | Respondent | Active |
| Rivard, David | Respondent | Active |
Counsel
Party: N.R.
This party is not represented by counsel.
Party: Children's Aid Society of Toronto
Counsel
150 York Street
Suite 700
Toronto, Ontario
M5H 3S5
Telephone: (416) 864-3304
FAX: (416) 862-2793
Email: jdakin@szplaw.com
Party: Gavendo, Hanna
Counsel
150 York Street
Suite 700
Toronto, Ontario
M5H 3S5
Telephone: (416) 864-3304
FAX: (416) 862-2793
Email: jdakin@szplaw.com
Party: Rivard, David
Counsel
150 York Street
Suite 700
Toronto, Ontario
M5H 3S5
Telephone: (416) 864-3304
FAX: (416) 862-2793
Email: jdakin@szplaw.com
Summary
Keywords
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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 and freedoms — Civil procedure — Motion for summary judgment — Motions judge granting motion for summary judgment and dismissing action against respondents — Whether Court of Appeal erred in dismissing applicant’s appeal?
The applicant brought an action against the Children’s Aid Society of Toronto (C.A.S.) and two of its employees. That action alleged libel and slander, conspiracy to apprehend the applicant’s newborn grandchild, fraud and discrimination as well as a violation of the applicant’s Charter right to life, liberty and security of the person.
The allegations relate to the involvement of the C.A.S. after staff from the hospital where the applicant’s grandchild was born contacted the C.A.S. to report concerns about the child. C.A.S. investigated briefly, ultimately had no concerns with respect to the child and closed the file.
This action was one of five libel and slander actions filed by the applicant against various respondents and relating to incidents which followed the birth of her grandchild.
The respondents filed a motion for summary judgment.
Lower court rulings
Ontario Superior Court of Justice
2011 ONSC 4261, CV-09-387894
Motion for summary judgment granted; Action against the C.A.S. and its employees, dismissed
Court of Appeal for Ontario
2012 ONCA 315, C54126
Appeal 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 613‑996‑7933 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
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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 613‑996‑7933 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
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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 613‑996‑7933 or at 1‑888‑551‑1185.
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
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