Case information
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36764
Estate of Fay Arlene Fuerst v. Law Society of Upper Canada
(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) |
|---|---|---|
| 2016-08-09 | Correspondence (sent by the Court) to, the applicant. Re: Rule 78 | |
| 2016-07-27 | Close file on Leave | |
| 2016-07-26 | Correspondence (sent by the Court) to, all parties re: reconsideration | |
| 2016-07-26 | Reconsideration not accepted for filing | |
| 2016-06-06 | Motion to extend time, (Book Form), (Included in the motion for reconsideration of the application for leave to appeal), Completed on: 2016-06-06 | Estate of Fay Arlene Fuerst |
| 2016-06-03 | Letter acknowledging receipt of an incomplete motion for reconsideration | |
| 2016-06-01 | Motion for reconsideration of the application for leave to appeal, (Book Form), Sworn affidavit are missing., Completed on: 2016-07-26 | Estate of Fay Arlene Fuerst |
| 2016-04-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-04-08 | Judgment on leave sent to the parties | |
| 2016-04-07 |
Judgment of the Court on the application for leave to appeal, The motion to appoint counsel is dismissed. The motion to file a lengthy memorandum of argument is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C59611, 2015 ONCA 430, dated June 12, 2015, is dismissed. Dismissed |
|
| 2016-04-07 |
Decision on motion to file a lengthy memorandum of argument Granted |
|
| 2016-04-07 |
Decision on the motion to appoint counsel Dismissed |
|
| 2016-03-07 | All materials on application for leave submitted to the Judges, Cro Wa Côt | |
| 2016-03-07 | Submission of motion to file a lengthy memorandum of argument, Cro Wa Côt | |
| 2016-03-07 | Submission of motion to appoint counsel, Cro Wa Côt | |
| 2015-12-16 | Letter advising parties of a complete application for leave to appeal, (File open) | |
| 2015-12-08 | Certificate (on limitations to public access), (Letter Form) | Estate of Fay Arlene Fuerst |
| 2015-12-08 | Motion to file a lengthy memorandum of argument, (Letter Form), of 34 pages, Completed on: 2015-12-09 | Estate of Fay Arlene Fuerst |
| 2015-09-15 | Letter requesting materials at end of review period; Court file no. not assigned | |
| 2015-09-10 | Letter acknowledging receipt of an application for leave to appeal | |
| 2015-09-09 | Motion to appoint counsel, (Letter Form), (Included in the application for leave to appeal), refusal from Pro Bono included, Completed on: 2015-09-09 | Estate of Fay Arlene Fuerst |
| 2015-09-09 | Correspondence received from, (Letter Form), (Included in the application for leave to appeal), Fee waiver granted by the Registrar 2015-12-17 | Estate of Fay Arlene Fuerst |
| 2015-09-09 | Application for leave to appeal, (Book Form), service confirmed by the respondent, Completed on: 2015-12-16 | Estate of Fay Arlene Fuerst |
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 |
|---|---|---|
| Estate of Fay Arlene Fuerst | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Law Society of Upper Canada | Respondent | Active |
Counsel
Party: Estate of Fay Arlene Fuerst
This party is not represented by counsel.
Party: Law Society of Upper Canada
Counsel
130 Queen Street West
Toronto, Ontario
M5H 2N6
Telephone: (416) 947-3324
Email: caphilli@lsuc.on.ca
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.
Law of professions — Barristers and solicitors — Records — Whether the failure of the Superior Court and the Court of Appeal to observe, accept and implement the Rules of Civil Procedure amounted to a human rights violation
The Respondent, Law Society of Upper Canada (“LSUC”) was appointed by a judge of the Superior Court of Justice as trustee of 35 boxes of client material and six computers from the professional legal practice of a deceased lawyer, Fay Arlene Fuerst. The Applicant, Mr. Rallis is the husband of Ms. Fuerst. The order permitted the LSUC to examine the contents of the boxes and computers, provide information to clients where appropriate, and destroy materials to protect confidential client information provided the last activity occurred at least 10 years prior to the destruction. Mr. Rallis appealed the order, however his appeal was dismissed.
Lower court rulings
Ontario Superior Court of Justice
LS 003/14
Respondent appointed trustee of client material of Fay Arlene Fuerst, deceased
Court of Appeal for Ontario
C59611, 2015 ONCA 430
Appeal dismissed
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
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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