Case information
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37448
Abebe Tilahun v. Ministry of Public Safety Canada, et al.
(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) |
|---|---|---|
| 2017-05-01 | Close file on Leave | |
| 2017-04-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-04-28 | Judgment on leave sent to the parties | |
| 2017-04-27 |
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, Numbers C62081 and M46861, dated September 9, 2016, is dismissed for want of jurisdiction. Dismissed |
|
| 2017-03-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-03-27 | Submission of motion to file a lengthy memorandum of argument | |
| 2017-03-17 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2017-03-17) | Ministry of Public Safety Canada |
| 2017-03-17 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2017-03-17, (Electronic version filed on 2017-03-17) | Ministry of Public Safety Canada |
| 2017-02-27 | Correspondence received from, (Letter Form), Abebe Tilahun. Questionnaire regarding the filing of the CA order (expected on 2017-03-15) | Abebe Tilahun |
| 2017-02-15 | Letter advising parties of an incomplete application for leave to appeal, (FILE OPENED 2017-02-15) | |
| 2017-01-23 | Correspondence received from, (Letter Form), Abebe Tilahun (by mail). In response to the letter from the Registrar. | Abebe Tilahun |
| 2017-01-05 | Correspondence (sent by the Court) to, Abebe Tilahun, from the Registrar (application for leave to appeal not accepted for filing). | |
| 2016-12-21 | Correspondence received from, (Letter Form), Abebe Tilahun. Letter asking about the delay to get an answer on his application for leave to appeal. | Abebe Tilahun |
| 2016-11-09 | Letter acknowledging receipt of an application for leave to appeal | |
| 2016-11-08 | Book of authorities, (Book Form), (3 volumes), for the application for leave to appeal. (5 copies missing. received 2017-03-02) | Abebe Tilahun |
| 2016-11-08 | Motion to file a lengthy memorandum of argument, (Book Form), Completed on: 2016-11-08 | Abebe Tilahun |
| 2016-11-08 | Application for leave to appeal, (Book Form), (2 volumes), Court of appeal order missing (received 2017-03-20). Payment missing (received 2017-03-02), Completed on: 2017-03-20 | Abebe Tilahun |
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 |
|---|---|---|
| Tilahun, Abebe | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ministry of Public Safety Canada | Respondent | Active |
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Tilahun, Abebe
This party is not represented by counsel.
Party: Ministry of Public Safety Canada
Counsel
Sarah Jiwan
50 O'Connor Street, Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6247
FAX: (613) 954-1920
Email: mathew.johnson@justice.gc.ca
Agent
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
Party: Her Majesty the Queen
Counsel
Sarah Jiwan
50 O'Connor Street, Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6247
FAX: (613) 954-1920
Email: mathew.johnson@justice.gc.ca
Agent
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 — Single judge of Court of Appeal dismissing motion seeking to set aside Registrar of Ontario Court of Appeal’s dismissal order, which dismissed the appeal for delay and dismissed an extension of time to perfect appeal — Whether application for leave to leave is properly before this Court?
The applicant, Mr. Tilahun claims that since 2007 undercover agents have engaged in authorized surveillance of him and have persistently attacked him with remote-controlled laser radiation. Mr. Tilahun brought an action against the respondents claiming Charter violations and seeking damages.
The respondents sought a motion to strike Mr. Tilahun’s Statement of Claim. The Superior Court granted the motion to strike. The Superior Court refused to hear a further motion by Mr. Tilahun, for default judgment, as the matter had already been dismissed.
Mr. Tilahun appealed to the Ontario Court of Appeal.
In July, 2016, the Registrar of the Ontario Court of Appeal informed Mr. Tilahun that the appeal had not been perfected and the appeal was dismissed for delay.
The motion to set aside the Registrar’s dismissal order and for an extension of time to perfect the appeal was dismissed by Justice Roberts, a single judge of the Court of Appeal.
Lower court rulings
Ontario Superior Court of Justice
15-64371
See file
Ontario Superior Court of Justice
15-64371
See file
Ontario Superior Court of Justice
15-64371
See file
Ontario Superior Court of Justice
15-64371, 2016 ONSC 2097
Respondents’ motion to strike allowed. Mr. Tilahun’s Statement of Claim is struck and the action is dismissed.
Ontario Superior Court of Justice
15-64371
Mr. Tilahun’s motion for default judgment was not heard as status of claim had been dismissed on March 24, 2016 by order of Maranger J.
Court of Appeal for Ontario
C62081, M46861
Applicant’s motion seeking to set aside Registrar’s dismissal order, which dismissed the appeal for delay and an extension of time to perfect 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