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35995

Zoltan Andrew Simon v. Her Majesty the Queen

(Federal) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2015-03-03 Close file on Leave
2015-02-27 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2015-02-27 Judgment on leave sent to the parties
2015-02-26 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-367-12, 2014 FCA 47, dated February 18, 2014, is dismissed without costs.
Dismissed, without costs
2015-02-02 All materials on application for leave submitted to the Judges, CJ Wa Ga
2014-12-04 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2014-12-04, (Electronic version filed on 2014-12-08) Her Majesty the Queen
2014-11-28 Notice of change of solicitor, (Letter Form), of the Respondant, from Jaxine Oltean., (Electronic version filed on 2014-11-28) Her Majesty the Queen
2014-11-26 Letter acknowledging receipt of a complete application for leave to appeal, Application filed 2014-11-26.
2014-11-20 Application for leave to appeal, (Book Form), Completed on: 2014-11-20, (Electronic version filed on 2014-11-21) Zoltan Andrew Simon
2014-11-20 Certificate (on limitations to public access), (Letter Form) Zoltan Andrew Simon
2014-10-23 Order on miscellaneous motion, (by WAGNER J.)
2014-10-23 Decision on the miscellaneous motion, Wa, UPON APPLICATION by the applicant for an order granting the motion served and filed on April 14, 2014, and amended August 29, 2014 and September 17, 2014;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed with no order as to costs and without prejudice to Mr. Simon to serve and file an application for leave to appeal pursuant Section 40(1) of the Supreme Court Act and in accordance with Rule 25 of the Rules of the Supreme Court of Canada on or before November 20, 2014.
Dismissed, no order as to costs
2014-10-23 Submission of miscellaneous motion, Wa
2014-09-29 Reply to miscellaneous motion, (Letter Form), Reply to the response to the amended motion filed 2014-09-17., Completed on: 2014-09-29, (Electronic version filed on 2014-09-29) Zoltan Andrew Simon
2014-09-25 Response to miscellaneous motion, (Letter Form), response to the amended notice of motion filed 2014-09-17., Completed on: 2014-09-25, (Electronic version filed on 2014-09-25) Her Majesty the Queen
2014-08-29 Correspondence received from, (Letter Form), applicant, stating he will provide the Court with an amended version of his notice., (Electronic version filed on 2014-08-29) Zoltan Andrew Simon
2014-08-26 Reply to miscellaneous motion, (Letter Form), Completed on: 2014-08-26, (Electronic version filed on 2014-08-26) Zoltan Andrew Simon
2014-08-19 Response to miscellaneous motion, (Letter Form), Completed on: 2014-08-19, (Electronic version filed on 2014-08-19) Her Majesty the Queen
2014-08-14 Correspondence (sent by the Court) to, the applicant to indicate that we opened a file re : notice of motion. File opened 2014-08-14.
2014-04-29 Correspondence received from, (Letter Form), applicant, re: letter to clarify some points. Zoltan Andrew Simon
2014-04-14 Notice of miscellaneous motion, (Book Form), Amended motion received 2014-08-29 ; further amended motion and affidavit received 2014-09-17., Completed on: 2014-04-14, (Electronic version filed on 2014-04-14) Zoltan Andrew Simon
2014-03-31 Correspondence (sent by the Court) to, applicant, concerning the missing documents in is application for leave to appeal.
2014-03-19 Correspondence (sent by the Court) to, applicant, acknowledge receipt of his notice of motion to the Supreme Court of Canada.

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

Main parties - Appellants
Name Role Status
Simon, Zoltan Andrew Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Counsel

Party: Simon, Zoltan Andrew

This party is not represented by counsel.

Party: Her Majesty the Queen

Counsel
Name
Robert A. L. Drummond
Contact information
Attorney General of Canada
Prairie Region, EPCOR Tower
300 - 10423 101 Street N.W.
Edmonton, Alberta
T5H 0E7
Telephone: (780) 442-1898
FAX: (780) 495-8491
Email: robert.drummond@justice.gc.ca
Agent
Name
Christopher M. Rupar
Contact information
Attorney General of Canada
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

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.

Civil procedure – Motion to strike – Whether application for leave raises an issue of public importance.

In 2009 and 2011, the Applicant sent correspondence to the Director General of the Canada Pension Plan and the former Minister of Human Resources and Skills Development, respectively. He had sponsored his former spouse to come to Canada and was inquiring about the possibility that he might owe a possible sponsorship debt because his former spouse might have improperly received social assistance. When the Applicant did not get what he considered to be satisfactory responses, he attempted to bring an appeal as of right in this Court.

A registry officer refused the applicant’s notice of appeal for filing, gave him documents concerning the proper procedure, and referred him to the Court’s website. Dissatisfied, the Applicant brought an action in the Federal Court against, among others, the Registry of this Court, the registry officer with whom he had dealt, the Registrar, and the federal authority that approved the Court’s website.

The Respondent brought a motion to strike the Applicant’s statement of claim.


Lower court rulings

July 20, 2012
Federal Court

T-1029-12

Motion to strike statement of claim granted.

February 18, 2014
Federal Court of Appeal

A-367-12, 2014 FCA 47

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

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

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

Webcasts

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Date modified: 2025-02-27