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.
37455
Paul Abi-Mansour v. Ontario College of Teachers
(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) |
|---|---|---|
| 2017-11-24 | Close file on Leave | |
| 2017-11-24 | Correspondence (sent by the Court) to, Christine Lonsdale, Re: certificate of taxation | |
| 2017-11-22 | Certificate of taxation issued to, Christine Lonsdale | |
| 2017-11-22 | Decision on the bill of costs, in the amount of $1,682.89, Reg | |
| 2017-11-22 | Submission of the bill of costs, Reg | |
| 2017-10-18 | Correspondence received from, Emily MacKinnon, dated October 18, 2017, by fax, Re: request for certificate of taxation | Ontario College of Teachers |
| 2017-07-20 | Bill of costs, Fee missing (rec'd July 20), Completed on: 2017-09-20 | Ontario College of Teachers |
| 2017-06-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-06-30 | Judgment on leave sent to the parties | |
| 2017-06-29 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal and the motion for an extension of time to serve and file the reply are granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number M46824, 2016 ONCA 928, dated December 8, 2016, is dismissed with costs. Dismissed, with costs |
|
| 2017-06-29 |
Decision on motion to extend time, See judgment on application for leave to appeal. Granted |
|
| 2017-06-29 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application for leave to appeal. Granted |
|
| 2017-05-23 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-05-23 | Submission of motion to extend time, for consideration by the Court | |
| 2017-05-23 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2017-05-12 | Response to motion to extend time, (Letter Form), Completed on: 2017-05-12 | Ontario College of Teachers |
| 2017-05-03 | Motion to extend time, (Letter Form), To file and serve the reply, Completed on: 2017-05-03 | Paul Abi-Mansour |
| 2017-04-10 | Applicant's reply to respondent's argument, (Letter Form), Motion for extension of time requested - Rec'd on 2017-05-03, Completed on: 2017-05-03 | Paul Abi-Mansour |
| 2017-03-27 | Certificate (on limitations to public access) | Ontario College of Teachers |
| 2017-03-27 | Notice of name | Ontario College of Teachers |
| 2017-03-27 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-03-27 | Ontario College of Teachers |
| 2017-02-23 | Letter advising parties of an incomplete application for leave to appeal, File opened on 2017-02-23 | |
| 2017-02-16 | Correspondence received from, Re: Filing of the judgment M46320 | Paul Abi-Mansour |
| 2017-02-14 | Letter acknowledging receipt of an application for leave to appeal | |
| 2017-02-13 | Court of Appeal casebooks and transcripts of evidence, (Book Form), Applicant's Motion Record | |
| 2017-02-13 | Correspondence received from, Fee waiver request | Paul Abi-Mansour |
| 2017-02-13 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Paul Abi-Mansour |
| 2017-02-13 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2017-02-13 | Paul Abi-Mansour |
| 2017-02-13 | Application for leave to appeal, (Book Form), C/A order missing- Rec'd on 2017-04-10 - Fee waiver granted by the Registrar on 2017-02-23, Completed on: 2017-04-10 | Paul Abi-Mansour |
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 |
|---|---|---|
| Abi-Mansour, Paul | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ontario College of Teachers | Respondent | Active |
Counsel
Party: Abi-Mansour, Paul
This party is not represented by counsel.
Party: Ontario College of Teachers
Counsel
Emily MacKinnon
Toronto Dominion Bank Tower
Box 48, Suite 5300
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-8019
FAX: (416) 868-0673
Email: clonsdale@mccarthy.ca
Agent
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 780-2012
FAX: (613) 688-0271
Email: cbaxter@conwaylitigation.ca
Summary
Keywords
Civil procedure – Appeals – Extensions of time – What is the legal test to restore proceedings – Whether by declining to follow the established legal test, the panel violated the doctrine of precedent and departed from a long line of jurisprudence – What is the effect on non-compliance with the Rules on statutory rights.
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.
Mr. Abi-Mansour is a member of the Ontario College of Teachers and was the subject of a complaint before the College’s Discipline Committee. The Discipline Committee found that Mr. Abi-Mansour had committed numerous acts of professional misconduct. Mr. Abi-Mansour appealed to the Divisional Court which dismissed his appeal. He then had fifteen days in which to file a notice of motion for leave to appeal the decision to the Court of Appeal. He failed to file the notice within the requisite time frame. Over one year later, Mr. Abi-Mansour brought a motion seeking an extension of time to seek leave to appeal. The motion was dismissed by Feldman J.A. Mr. Abi-Mansour then sought to have Feldman J.A.’s decision reviewed. The Registrar dismissed the review motion after Mr. Abi-Mansour failed to file the necessary documents by the prescribed deadlines. Mr. Abi-Mansour then brought a further motion before the Court of Appeal asking that his review motion be restored. Gillese J.A. concluded that the review motion ought not to be restored. There was seen to be no prospect that a panel hearing the review motion would set aside Feldman J.A.’s decision. Mr. Abi-Mansour’s motion was dismissed. Mr. Abi-Mansour then brought a further motion before a panel of the Court of Appeal to review the order of Gillese J.A. There was found to be no merit to the motion and the motion was dismissed.
Lower court rulings
Ontario Court of Justice (General Division)
DC 12-1863
Appeal dismissed
Court of Appeal for Ontario
M46021
Motion for extension of time dismissed
Court of Appeal for Ontario
M46734 (M46021), 2016 ONCA 602
Motion to restore review motion dismissed
Court of Appeal for Ontario
M46824, 2016 ONCA 928
Motion to review order 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