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.
35922
Joseph Stephen Rooke v. University of Waterloo
(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) |
|---|---|---|
| 2014-12-12 | Close file on Leave | |
| 2014-12-11 | Correspondence (sent by the Court) to, the respondent, returning their response to the appellant's motion for reconsideration. | |
| 2014-12-09 | Reconsideration not accepted for filing, (documents returned) | |
| 2014-12-05 | Reply to motion for reconsideration of the application for leave to appeal, Completed on: 2014-12-05 | Joseph Stephen Rooke |
| 2014-12-03 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2014-11-26 | Response to motion for reconsideration of the application for leave to appeal, missing proof of service, Incomplete | University of Waterloo |
| 2014-11-21 | Motion for reconsideration of the application for leave to appeal, (Book Form), Completed on: 2014-11-21 | Joseph Stephen Rooke |
| 2014-10-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-10-09 |
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 C55978, 2013 ONCA 527, dated August 22, 2013 is dismissed without costs. In any event, had such a motion been granted, the application for leave to appeal and the motion to file a lengthy memorandum would have been dismissed. Dismissed, without costs |
|
| 2014-09-08 | All materials on application for leave submitted to the Judges, Abe Ro Mo | |
| 2014-09-08 | Submission of motion to file a lengthy memorandum of argument, Abe Ro Mo | |
| 2014-09-08 | Submission of motion to extend time to file and/ or serve the leave application, Abe Ro Mo | |
| 2014-06-30 | Response to the motion to extend the time to file and / or serve the leave application, (Book Form), (Included in the respondent's response on the application for leave to appeal), Completed on: 2014-06-30 | University of Waterloo |
| 2014-06-30 | Certificate (on limitations to public access), (Included in the respondent's response on the application for leave to appeal) | University of Waterloo |
| 2014-06-30 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-06-30, (Electronic version filed on 2014-06-30) | University of Waterloo |
| 2014-06-17 | General proceeding, (Letter Form), Formal Order Form | Joseph Stephen Rooke |
| 2014-06-17 | Motion to file a lengthy memorandum of argument, (Book Form), Completed on: 2014-06-17, (Electronic version filed on 2014-06-17) | Joseph Stephen Rooke |
| 2014-06-03 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File open on 2014-06-03 | |
| 2014-06-02 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2014-06-02 | Joseph Stephen Rooke |
| 2014-05-08 | Correspondence (sent by the Court) to, Applicant re: receipt of application | |
| 2014-05-08 | Court of Appeal casebooks and transcripts of evidence, (Book Form) | |
| 2014-05-08 | Court of Appeal casebooks and transcripts of evidence, (Book Form) | |
| 2014-05-08 | Court of Appeal casebooks and transcripts of evidence, (Book Form) | |
| 2014-05-08 | Application for leave to appeal, (Book Form), Fee waiver requested (granted 2014-06-03) , CA order missing, motion to file lengthy memorandum missing (rec'd 2014-06-17), Completed on: 2014-10-30 | Joseph Stephen Rooke |
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 |
|---|---|---|
| Rooke, Joseph Stephen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| University of Waterloo | Respondent | Active |
Counsel
Party: Rooke, Joseph Stephen
This party is not represented by counsel.
Party: University of Waterloo
Counsel
30th Floor, Toronto-Dominion Tower
P.O. Box 371, Stn. Toronto Dom.
Toronto, Ontario
M5K 1K8
Telephone: (416) 864-7334
FAX: (416) 362-9680
Email: ian-dick@hicksmorley.com
Agent
150 Metcalfe Street, Suite 200
Box 371, T-D Centre
Ottawa, Ontario
K2P 1P1
Telephone: (613) 234-0386
FAX: (613) 234-0418
Email: george-vuicic@hicksmorley.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 – Constitutional law – Aboriginal peoples – Canadian institutions – Applicant seeking declaration that university policy imposing obligation on all students to purchase supplementary health and dental coverage was in violation of his Charter rights – Whether University denied or infringed applicant’s s. 24(1) Charter rights as status Indian – Whether motions judge rendered proper and just decision based on “doctrine of mootness” consistent with Charter – Whether decision of appellate court should be quashed and matter returned Court of Appeal with directions.
Mr. Rooke brought an application to have a University of Waterloo policy requiring all students to purchase its supplementary health and dental coverage, declared a violation of his rights as a status Indian under the Charter.
Lower court rulings
Ontario Superior Court of Justice
C-549-11
Applicant’s application for declaration dismissed
Court of Appeal for Ontario
C55978, 2013 ONCA 527
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
Not available
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
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 613‑996‑7933 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
Not available