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37644

Alex Martinez v. Keith McCaskill and Devon Clunis of the Winnipeg Police Service, et al.

(Manitoba) (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)
2018-06-08 Close file on Leave
2018-06-08 Correspondence (sent by the Court) to, all parties. Cover letter for the order of Justice Moldaver dated June 8, 2018.
2018-06-08 Order by, Mo,
WHEREAS the Registrar has sent Mr. Alex Martinez a notice under Rule 67 of the Rules of the Supreme Court of Canada;
AND WHEREAS the Registrar has requested that a judge issue an Order under Rule 66(2) of the Rules of the Supreme Court of Canada;
AND HAVING considered the material filed;
AND GIVEN THAT I am satisfied that the filing of further documents would be vexatious;
I HEREBY ORDER THAT:
Mr. Alex Martinez is prohibited from filing further documents relating to these proceedings as of the date of this Order.
The Court directs the Registrar to discard any documents received after the date of this Order.
Granted
2018-05-09 Correspondence received from, (Letter Form), Alex Martinez. RE: Notice from the Registrar pursuant to Rule 67.
Paper version received 2018-05-11.
Alex Martinez
2018-04-30 Correspondence received from, (Letter Form), RE: Notice from the Registrar pursuant to Rule 67. Minister of Justice of Manitoba
2018-04-19 Correspondence (sent by the Court) to, all parties, re: Notice from the Registrar pursuant to Rule 67 (sent by Email and Mail)
2018-03-26 Correspondence received from, (Letter Form), Alex Martinez. Motion to review the Registrar's decision. NOT ACCEPTED FOR FILING. Alex Martinez
2018-02-28 Correspondence (sent by the Court) to, The applicant from the Registrar; Appeal documents cannot be accepted for filing
2018-01-16 Correspondence (sent by the Court) to, parties, from the Registrar, Re: Motion for reconsideration cannot be accepted for filing.
2018-01-16 Reconsideration not accepted for filing
2018-01-11 Letter acknowledging receipt of a complete motion for reconsideration
2018-01-04 Correspondence received from, (Letter Form), Matthew J. Halpin (by email). Jessica Hall is counsels for two of the respondents. Keith McCaskill and Devon Clunis of the Winnipeg Police Service
2017-12-19 Motion for reconsideration of the application for leave to appeal, (Book Form), (includes a document entitled "Notice of Appeal and Notice of Constitutional Questions" - to turn over the SCC judgment dated November 23, 2017). This document was filed on December 27, 2017., Completed on: 2017-12-19 Alex Martinez
2017-11-24 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2017-11-24 Judgment on leave sent to the parties
2017-11-23 Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve the application for leave to appeal is granted. The motions to seal certain documents and to adduce new evidence are dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Manitoba, Number AI16-30-08606, 2017 MBCA 6, dated January 11, 2017, is dismissed without costs.
Dismissed, without costs
2017-11-23 Decision on motion to adduce new evidence, See decision on application
Dismissed
2017-11-23 Decision on motion to seal, See decision on application
Dismissed
2017-11-23 Decision on motion to extend time to file and /or serve the leave application, See decision on application
Granted
2017-10-23 All materials on application for leave submitted to the Judges, for consideration by the Court
2017-10-23 Submission of motion to adduce new evidence, for consideration by the Court
2017-10-23 Submission of motion to seal, for consideration by the Court
2017-10-23 Submission of motion to extend time to file and/ or serve the leave application
2017-10-12 Correspondence received from, Canada Post service ticket and confirmation of delivery / tracking numbers Alex Martinez
2017-10-11 Correspondence received from, Copy of the cheque and reimbursement for a Canada Post issue Alex Martinez
2017-10-05 Correspondence received from, Applicant - copy of cheque for reimbursement by Canada Post Alex Martinez
2017-10-04 Correspondence received from, Applicant - Copy of the service ticket and confirmation of delivery from Canada Post Alex Martinez
2017-09-25 Supplemental document, Applicant - copy of Affidavit to the Court of Alberta
Alex Martinez
2017-09-19 Correspondence received from, Copy of Affidavit of Service for the Motion to adduce new evidence Alex Martinez
2017-09-08 Reply to motion to adduce new evidence, (Letter Form), Completed on: 2017-09-15 Alex Martinez
2017-09-01 Response to the motion to adduce new evidence, Paper copy received 2017-09-05, Completed on: 2017-09-01 Keith McCaskill and Devon Clunis of the Winnipeg Police Service
2017-08-28 Certificate (on limitations to public access), (Letter Form) Alex Martinez
2017-08-28 Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-08-28 Alex Martinez
2017-08-25 Correspondence received from, (Letter Form), Alex Martinez (by email). Clarifications regarding the letter from the applicant dated August 23, 2017. Alex Martinez
2017-08-23 Correspondence received from, (Letter Form), Alex Martinez (by email). Letter regarding the responses to the application for leave to appeal. Alex Martinez
2017-08-22 Certificate (on limitations to public access), (Letter Form) Minister of Justice of Manitoba
2017-08-22 Notice of name, (Letter Form) Winnipeg Child and Family Services
2017-08-22 Notice of name, (Letter Form) Minister of Justice of Manitoba
2017-08-22 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-08-22 Minister of Justice of Manitoba
2017-08-21 Certificate (on limitations to public access), (Letter Form) Alex Martinez
2017-08-21 Motion to adduce new evidence, (Book Form), Proof of service missing (rec'd on Sept.15/17), Completed on: 2017-09-15 Alex Martinez
2017-08-17 Certificate (on limitations to public access), (Letter Form) Keith McCaskill and Devon Clunis of the Winnipeg Police Service
2017-08-17 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-08-17 Keith McCaskill and Devon Clunis of the Winnipeg Police Service
2017-08-15 Correspondence received from, (Letter Form), Alex Martinez (by mail). Exchange of correspondences with the Court of Queen's Bench of Alberta. Alex Martinez
2017-07-19 Correspondence (sent by the Court) to, Alex Martinez. Fee waiver granted.
2017-07-14 Correspondence received from, (Letter Form), Debra Diepeveen (by email). Matthew J. Halpin is agent for the respondent. Keith McCaskill and Devon Clunis of the Winnipeg Police Service
2017-07-05 Letter acknowledging receipt of a complete application for leave to appeal, (FILE OPENED 2017-07-05)
2017-06-13 Motion to seal, (Book Form), Fee waiver granted by the Registrar on 2017-07-19. , Completed on: 2017-06-13 Alex Martinez
2017-06-12 Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Fee waiver granted by the Registrar on 2017-07-19. , Completed on: 2017-06-13 Alex Martinez
2017-05-31 Correspondence received from, (Letter Form), Alex Martinez (by email). The applicant intends to serve all the responding parties and to file a motion to seal. Alex Martinez
2017-05-10 Correspondence received from, (Letter Form), Alex Martinez (by mail). Exchange of correspondances between the applicant and the Court of Appeal of Manitoba. Alex Martinez
2017-04-24 Correspondence received from, (Letter Form), Alex Martinez (by fax). Letter regarding the service. Alex Martinez
2017-04-21 Certificate (on limitations to public access), (Letter Form) Alex Martinez
2017-04-12 Letter requesting materials at end of review period; Court file no. not assigned
2017-04-12 Correspondence received from, (Letter Form), Debra Diepeven (by email). Sally Gomery will act as agent in that file. Keith McCaskill and Devon Clunis of the Winnipeg Police Service
2017-03-15 Letter acknowledging receipt of an application for leave to appeal
2017-03-13 General proceeding, (Book Form), Motion for a fee waiver., (Electronic version filed on 2017-03-31) Alex Martinez
2017-03-13 Correspondence received from, (Letter Form), Alex Martinez (by mail). Letter regarding the filing of an application for leave to appeal. Alex Martinez
2017-03-13 Application for leave to appeal, (Book Form), CA Order rec'd 2017/05/02. Fee waiver granted by the Registrar on 2017-07-19., Completed on: 2017-03-13, (Electronic version filed on 2017-03-31) Alex Martinez

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
Martinez, Alex Applicant Active

v.

Main parties - Respondents
Name Role Status
Keith McCaskill and Devon Clunis of the Winnipeg Police Service Respondent Active
Minister of Justice of Manitoba Respondent Active
Bell Canada, Manitoba Telecom System, Telus Canada Respondent Active
Vonage Canada Respondent Active
Presidents Choice Financial, A Division of CIBC (Canadian Imperial Bank of Commerce) Respondent Active
President's Choice Bank Respondent Active
MBNA Mastercard, TD Canada Trust Respondent Active
Two Unnamed Respondents and Civilian Members of the Winnipeg Police Service Respondent Active
Winnipeg Child and Family Services Respondent Active
Manitoba College of Social Workers Respondent Active
Manitoba Public Insurance Respondent Active
HSBC Canada Respondent Active
The Civil Service Superannuation Board Respondent Active

Counsel

Party: Martinez, Alex

This party is not represented by counsel.

Party: Keith McCaskill and Devon Clunis of the Winnipeg Police Service

Counsel
Jessica Hall
City of Winnipeg
185 King St.
3rd Flr.
Winnipeg, Manitoba
R3B 1J1
Telephone: (204) 986-2468
FAX: (204) 947-9155
Email: jessicahall@winnipeg.ca
Agent
Matthew J. Halpin
Norton Rose Fulbright Canada LLP
45 O'Connor Street
Suite 1500
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8654
FAX: (613) 230-5459
Email: matthew.halpin@nortonrosefulbright.com

Party: Bell Canada, Manitoba Telecom System, Telus Canada

Counsel
Keith J. Ferbers
Aikins, MacAulay & Thorvaldson LLP
30th Flr., Commodity Exchange Twr.
360 Main St.
Winnipeg, Manitoba
R3C 4G1
Telephone: (204) 957-4691
FAX: (204) 957-0840
Email: kferbers@mltaikins.com

Party: Manitoba College of Social Workers

Counsel
Bernice R. Bowley
Fillmore & Riley LLP
360 Main St.
Suite 1700
Winnipeg, Manitoba
R3C 3Z3
Telephone: (204) 956-2970
FAX: (204) 957-0516
Email: bbowley@fillmoreriley.com

Party: Two Unnamed Respondents and Civilian Members of the Winnipeg Police Service

Counsel
Jessica Hall
City of Winnipeg
185 King St.
3rd Flr.
Winnipeg, Manitoba
R3B 1J1
Telephone: (204) 986-2468
FAX: (204) 947-9155
Email: jessicahall@winnipeg.ca
Agent
Matthew J. Halpin
Norton Rose Fulbright Canada LLP
45 O'Connor Street
Suite 1500
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8654
FAX: (613) 230-5459
Email: matthew.halpin@nortonrosefulbright.com

Party: Minister of Justice of Manitoba

Counsel
Tom Dobson
Deputy Minister of Justice (Manitoba) Civil Legal Services
730-405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 948-1463
FAX: (204) 948-2826
Email: tom.dobson@gov.mb.ca
Agent
Matthew Estabrooks
Gowling WLG (Canada) LLP
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com

Party: Winnipeg Child and Family Services

Counsel
Tom Dobson
Deputy Minister of Justice (Manitoba) Civil Legal Services
730-405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 948-1463
FAX: (204) 948-2826
Email: tom.dobson@gov.mb.ca
Agent
Matthew Estabrooks
Gowling WLG (Canada) LLP
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com

Party: The Civil Service Superannuation Board

Counsel
Annika M. Friesen
Fillmore & Riley LLP
360 Main St.,
Suite 1700
Winnipeg, Manitoba
R3C 3Z3
Telephone: (204) 957-8328
FAX: (204) 954-0328
Email: afriesen@fillmoreriley.com

Party: HSBC Canada

Counsel
G. Bruce Taylor
Aikins, MacAulay & Thorvaldson LLP
30th Flr., Commodity Exchange Twr.
360 Main St.
Winnipeg, Manitoba
R3C 4G1
Telephone: (204) 957-4669
FAX: (204) 957-0840
Email: btaylor@mltaikins.com

Party: Manitoba Public Insurance

Counsel
Steve M. Scarfone
Manitoba Public Insurance Corporation
Legal Dept., 702- 234 Donald St.
PO Box 6300, Stn. Main
Winnipeg, Manitoba
R3C 4A4
Telephone: (204) 985-8770 Ext: 7648
FAX: (204) 942-2217
Email: sscarfone@mpi.mb.ca

Party: MBNA Mastercard, TD Canada Trust

Counsel
Ross A. McFadyen
Hayley B. Main
Thompson Dorfman Sweatman LLP
201 Portage Ave., Suite 2200
Winnipeg, Manitoba
R3B 3L3
Telephone: (204) 934-2378
FAX: (204) 934-0538
Email: ram@tdslaw.com

Party: President's Choice Bank

Counsel
Anthony C. Fletcher
Celia C.S. Fergusson
Fillmore & Riley LLP
1700 - 360 MAIN ST
WINNIPEG, Manitoba
R3C 3Z3
Telephone: (204) 957-8345
FAX: (204) 954-0345
Email: acfletcher@fillmoreriley.com

Party: Presidents Choice Financial, A Division of CIBC (Canadian Imperial Bank of Commerce)

Counsel
Brent C. Ross
Aikins, MacAulay & Thorvaldson LLP
360 Main St.
30th Flr.
Winnipeg, Manitoba
R3C 4G1
Telephone: (204) 957-4681
FAX: (204) 957-4286
Email: bross@mltaikins.com

Party: Vonage Canada

Counsel
Anthony C. Fletcher
Aaron W.K. Challis
Fillmore & Riley LLP
1700 - 360 MAIN ST
WINNIPEG, Manitoba
R3C 3Z3
Telephone: (204) 957-8345
FAX: (204) 954-0345
Email: acfletcher@fillmoreriley.com

Summary

Keywords

Constitutional law — Charter of Rights — Right to a fair hearing — Civil procedure — Pleadings — Motion to strike statement of claim — Whether the actions and decisions of the government are clearly wrong, reckless, in bad faith and without respect for Mr. Martinez’ Charter rights— Whether the motions judge erred in failing to accept the facts as pleaded in the statement of claim — Whether the respondents established that it was plain and obvious that the claim discloses no cause of action — Whether the motions judge erred in failing to allow Mr. Martinez the right to amend the statement of claim — Whether the respondents’ submissions contained errors and mischaracterizations that misled the Court of Appeal.

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.

(COURT FILE CONTAINS INFORMATION THAT IS NOT AVAILABLE FOR INSPECTION BY THE PUBLIC)

Mr. Martinez filed a statement of claim making numerous claims against the respondents. The chambers judge found that the claim against Keith McCaskill and Devon Clunis of the Winnipeg Police Service, the Minister of Justice of Manitoba, two unnamed respondents and civilian members of the Winnipeg Police Service, and Winnipeg Child and Family Services was frivolous, vexatious and an abuse of process. As he had previously found that the claim against the remaining respondents disclosed no reasonable cause of action, action, is frivolous and vexatious, and an abuse of the court process, he struck the statement of claim without leave to amend. The Court of Appeal dismissed the appeal.

Lower court rulings

April 15, 2016
Court of Queen’s Bench of Manitoba

CI 16-01-00226

Statement of claim struck without leave to amend, with two separate endorsements

January 11, 2017
Court of Appeal of Manitoba

2017 MBCA 6, AI16-30-08606

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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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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Webcasts

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Date modified: 2025-04-17