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.
37050
Toronto Police Services Board v. Sherry Good
(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) |
|---|---|---|
| 2016-11-15 | Close file on Leave | |
| 2016-11-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-11-14 | Judgment on leave sent to the parties | |
| 2016-11-10 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C60095, 2016 ONCA 250, dated April 6, 2016, is dismissed with costs. Dismissed, with costs |
|
| 2016-10-17 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-08-22 | Correspondence (sent by the Court) to, Ms. Shantona Chaudhury. Response to letter received August 12, 2016. Letter signed by the Registrar. | |
| 2016-08-12 | Correspondence received, from Ms. Shantona Chaudhury re: Law Foundation of Ontario. | |
| 2016-08-12 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2016-08-12, (Electronic version due on 2016-08-19) | Toronto Police Services Board |
| 2016-08-02 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-08-02) | Sherry Good |
| 2016-08-02 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-08-02, (Electronic version filed on 2016-08-02) | Sherry Good |
| 2016-06-30 | General proceeding, Formal Order Form re: CA Order will be file on or around 2016-07-15. Received 2016/07/20 | Toronto Police Services Board |
| 2016-06-07 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, (File open) | |
| 2016-06-06 | Notice of name, (Letter Form), (Electronic version filed on 2016-06-06) | Toronto Police Services Board |
| 2016-06-06 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-06-06) | Toronto Police Services Board |
| 2016-06-06 | Application for leave to appeal, (Book Form), (2 volumes), CA Order missing-rec'd 2016/07/20, Completed on: 2016-07-15, (Electronic version filed on 2016-06-06) | Toronto Police Services Board |
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 |
|---|---|---|
| Toronto Police Services Board | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Good, Sherry | Respondent | Active |
Counsel
Party: Toronto Police Services Board
Counsel
Cheryl Woodin
40 King Street West
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6118 Ext: 6270
FAX: (416) 361-2471
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Good, Sherry
Counsel
Murray Klippenstein
Kent Elson
Kiel Ardal
10 King Street East, Suite 600
Toronto, Ontario
M5C 1C3
Telephone: (416) 703-6362
FAX: (416) 703-9111
Email: egillespie@gillespielaw.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.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.
Charter – Civil Procedure – Class actions – Motion for certification of the proposed class action granted – Whether it is appropriate to certify the common determination of false arrest/arbitrary detention claims which, by their nature, require examination of the grounds existing in respect of each individual subject to arrest – Whether ongoing reformulation of a certification proposal on successive appeals creates unfairness, procedural prejudice and conflict in the jurisprudence concerning the extent to which it will be permitted.
The respondent, Sherry Good, was among the individuals detained at specially constructed Detention Centres during the G20 summit held in Toronto in June, 2010. Ms. Good commenced a proposed class action against the applicant, Toronto Police Services Board, and three other defendants, asserting multiple claims, including a breach of her rights pursuant to the Charter of Rights and Freedoms and that of other detainees who would be included in the class. The motion judge dismissed Ms. Good’s motion for certification. Then, Ms. Good narrowed her proposed class proceeding before appealing to the Divisional Court. The Divisional Court allowed the appeal and certified the narrowed claim as two separate class proceedings. It also awarded costs. The Court of Appeal dismissed the applicant’s appeal, granted leave to Ms. Good to cross-appeal the costs awarded by the Divisional Court, allowed the cross-appeal and awarded all-inclusive costs on the certification motion to Ms. Good.
Lower court rulings
Ontario Superior Court of Justice
2013 ONSC 3026, CV-10-408131-OOCP
Respondent’s motion for certification of a proposed class action dismissed with costs
Ontario Superior Court of Justice
2014 ONSC 4583, CV-10-408131 00CP
Respondent’s appeal allowed: order granted certifying the proceeding as a class action; order certifying a separate class action for the Detention Centre class; costs awarded to respondent
Court of Appeal for Ontario
C60095, 2016 ONCA 250
Applicant’s appeal dismissed; respondent’s cross-appeal allowed, costs order of the Divisional Court set aside; costs awarded to respondent
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.
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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
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