Case information
Consult our database for details on a Supreme Court of Canada case.
38391
Raymond Carby-Samuels II v. Horace R. Carby-Samuels
(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) |
|---|---|---|
| 2019-02-26 | Close file on Leave | |
| 2019-02-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-02-22 | Judgment on leave sent to the parties | |
| 2019-02-21 |
Judgment of the Court on the application for leave to appeal, The miscellaneous motion is dismissed. The applications for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers C64705 and C64716, 2018 ONCA 664, dated July 20, 2018, are dismissed with no order as to costs. Dismissed, no order as to costs |
|
| 2019-02-21 |
Decision on the miscellaneous motion, See decision on applications. Dismissed |
|
| 2019-01-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-01-21 | Submission of miscellaneous motion, for consideration by the Court | |
| 2018-12-11 | Correspondence received from, Respondent - The respondent will not be filing any responding materials | Horace R. Carby-Samuels |
| 2018-12-10 | Supplemental document, Notice of proceedings in private complaint at Ontario Court of Justice | Raymond Carby-Samuels II |
| 2018-12-04 | Correspondence received from, Applicant - misc. affidavit | Raymond Carby-Samuels II |
| 2018-11-29 | Supplemental document, DVD of video evidence | Raymond Carby-Samuels II |
| 2018-11-29 | Correspondence received from, (Letter Form), Request to have motion put before a Judge before the submission of the application. | Raymond Carby-Samuels II |
| 2018-11-27 | Correspondence (sent by the Court) to, the applicant; fee waiver granted. | |
| 2018-11-21 | Notice of miscellaneous motion, (Book Form), Completed on: 2018-11-21 | Raymond Carby-Samuels II |
| 2018-11-21 | Correspondence received from, (Letter Form), fee waiver for the motion-granted 2018/11/26 | Raymond Carby-Samuels II |
| 2018-11-21 | Correspondence received from, (Letter Form), Request to have motion considered before the application. | Raymond Carby-Samuels II |
| 2018-11-16 | Certificate (on limitations to public access), (Letter Form) | Raymond Carby-Samuels II |
| 2018-11-14 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2018/11/14 | |
| 2018-10-04 | Letter acknowledging receipt of an application for leave to appeal | |
| 2018-10-01 | Correspondence received from, (Letter Form), the applicant; fee waiver-granted 2018/11/13 | Raymond Carby-Samuels II |
| 2018-10-01 | Correspondence received from, (Letter Form), the applicant; request to have the Court consider an oral hearing for these applications. | Raymond Carby-Samuels II |
| 2018-10-01 | Correspondence received from, (Letter Form), the applicant; Fax, ATTN: Mr. John E. Summers | Raymond Carby-Samuels II |
| 2018-10-01 |
Application for leave to appeal, (Book Form), Application #2 Amended notice, public access to info form required-rec'd 2018/11/16, Completed on: 2018-11-16 |
Raymond Carby-Samuels II |
| 2018-10-01 | Application for leave to appeal, (Book Form), Application #1, Completed on: 2018-10-01 | Raymond Carby-Samuels II |
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 |
|---|---|---|
| Carby-Samuels II, Raymond | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Carby-Samuels, Horace R. | Respondent | Active |
Counsel
Party: Carby-Samuels II, Raymond
This party is not represented by counsel.
Party: Carby-Samuels, Horace R.
Counsel
700 - 116 Lisgar Street
Ottawa, Ontario
K2P 0C2
Telephone: (613) 237-3444
FAX: (613) 237-1413
Email: jsummers@bellbaker.com
Summary
Keywords
Charter of Rights – Access to justice – Judgments and orders – Summary judgments – Respondent’s application for summary judgment dismissing applicant’s action and to have applicant declared vexatious litigant granted – How courts should treat unrepresented litigants – Whether unrepresented litigant should be declared vexatious when attempting to enforce previous order of court
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.
The applicant brought a series of actions against family members and others in 2015, 2016 and 2017. In this action, he sought an order against the respondent, his father, permitting him to see his mother and various other relief. The father brought a motion for summary judgment, asking that the action against him be dismissed. The father also sought to have the applicant declared a vexatious litigant to preclude him from bringing any other actions without first obtaining leave of the court. The motions judge granted the respondent’s motions. Her decisions were upheld on appeal.
Lower court rulings
Ontario Superior Court of Justice
15-66772, 2017 ONSC 6814, 17-71624, 2017 ONSC 6834
Respondent’s motion for summary judgment granted; Applicant’s action against respondent dismissed; Applicant declared vexatious litigant
Court of Appeal for Ontario
C64705, C64716, 2018 ONCA 664
Applicant’s appeals 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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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