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38563

Alex Martinez v. Her Majesty the Queen, et al.

(Federal) (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)
2025-01-02 Correspondence received from, (Letter Form), Updating the applicant's contact information. , (Printed version due on 2025-01-09) Alex Martinez
2021-01-08 Close file on Leave
2021-01-08 Order by, by Justice Martin
2021-01-08 Decision on motion to extend time, Mar
Granted
2021-01-08 Submission of motion to extend time, Mar
2021-01-08 Decision on the objection to the taxation of the bill of costs, UPON APPLICATION by the applicant for a review of and for an order setting aside the taxations of costs pursuant to Rule 84(2) of the Rules of the Supreme Court of Canada, and for an order extending the time to serve and file his motion objecting to the taxations of costs;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion for an extension of time is granted.

The motion objecting to the taxations of costs is dismissed.

, Mar
Dismissed
2021-01-08 Submission of objection to taxation of bill of costs, Mar
2020-11-27 Motion to extend time, (Book Form),
for motion to object to the taxation of the bill of costs
MISSING: filing fee, Incomplete, (Printed version due on 2020-12-04) 		Alex Martinez
2020-11-24 Correspondence received from, (Letter Form), the applicant., (Printed version due on 2020-12-01) Alex Martinez
2020-11-24 Correspondence received from, (Letter Form), the applicant., (Printed version due on 2020-12-01) Alex Martinez
2020-11-24 Correspondence received from, (Letter Form), the applicant., (Printed version due on 2020-12-01) Alex Martinez
2020-11-23 Correspondence (sent by the Court) to, the applicant. Letter from the Acting Registrar.
2020-11-18 Correspondence received from, (Letter Form), the applicant., (Printed version due on 2020-11-25) Alex Martinez
2020-11-16 Correspondence received from, (Letter Form), the applicant., (Printed version due on 2020-11-23) Alex Martinez
2020-11-05 Correspondence received from, (Letter Form), the applicant., (Printed version due on 2020-11-13) Alex Martinez
2020-11-04 Correspondence received from, (Letter Form), the applicant., (Printed version due on 2020-11-12) Alex Martinez
2020-11-03 Correspondence received from, (Letter Form), the applicant., (Printed version due on 2020-11-10) Alex Martinez
2020-11-03 Correspondence received from, (Letter Form), the applicant., (Printed version due on 2020-11-10) Alex Martinez
2020-11-02 Objection to the taxation of the bill of costs, (Letter Form),
MISSING:
1) filing fee
2) motion for an extension of time (received 2020-11-27), Incomplete, (Printed version due on 2020-11-09) 		Alex Martinez
2020-11-02 Correspondence received from, (Letter Form), the applicant., (Printed version due on 2020-11-09) Alex Martinez
2020-11-02 Correspondence received from, (Letter Form), the applicant., (Printed version due on 2020-11-09) Alex Martinez
2020-11-02 Correspondence received from, (Letter Form), the applicant., (Printed version due on 2020-11-09) Alex Martinez
2020-11-02 Correspondence received from, (Letter Form), the applicant., (Printed version due on 2020-11-09) Alex Martinez
2020-11-02 Correspondence received from, (Letter Form), the applicant., (Printed version due on 2020-11-09) Alex Martinez
2020-11-02 Correspondence received from, (Letter Form), the applicant., (Printed version due on 2020-11-09) Alex Martinez
2020-11-02 Correspondence (sent by the Court) to, the parties. RE:correspondence from the applicant, dated October 29, 2020.
2020-10-29 Correspondence received from, (Letter Form), Alex Martinez, with regards to the taxation process., (Printed version due on 2020-11-05) Alex Martinez
2020-10-15 Certificate of taxation issued to, Me Marieke Bouchard
2020-10-15 Decision on the bill of costs, in the amount of $881.70, DeRg
2020-10-15 Submission of the bill of costs, of Her Majesty the Queen, Royal Canadian Mounted Police (RCMP), Communications Security Establishment (CSE) and Public Complaints Commission to the Royal Canadian Mounted Police., DeRg
2020-10-15 Certificate of taxation issued to, Fernando de Lima
2020-10-15 Decision on the bill of costs, in the amount of $877.70, DeRg
2020-10-15 Submission of the bill of costs, of Governement of British Columbia, DeRg
2020-10-14 Correspondence (sent by the Court) to, the applicant. Letter from Deputy Registrar.
2019-12-23 Correspondence received from, (Letter Form), the applicant, Alex Martinez Alex Martinez
2019-12-05 Correspondence received from, (Letter Form), the applicant, Alex Martinez Alex Martinez
2019-12-04 Correspondence received from, (Letter Form), the applicant, Alex Martinez Alex Martinez
2019-11-28 Reply to the bill of costs, Completed on: 2019-11-28 Her Majesty the Queen
2019-11-26 Response to the bill of costs, (Letter Form), filed by Her Majesty the Queen, Royal Canadian Mounted Police (RCMP), Communications Security Establishment (CSE) and Public Complaints Commission to the Royal Canadian Mounted Police., Completed on: 2020-10-15 Alex Martinez
2019-11-25 Correspondence (sent by the Court) to, the applicant.
Letter from Registrar, documents returned.
2019-11-21 Bill of costs, (Letter Form), Completed on: 2019-11-21 Her Majesty the Queen
2019-10-07 Response to the bill of costs, (Letter Form), filed by Governement of British Columbia, Completed on: 2019-10-07 Alex Martinez
2019-10-04 Bill of costs, Completed on: 2020-02-18 Government of British Columbia
2019-08-12 Correspondence received from, (Letter Form), Alex Martinez.
Documents received on: August 12, August 21, August 28, September 5 and November 8, 2019.
DOCUMENTS RETURNED 		Alex Martinez
2019-07-22 Correspondence (sent by the Court) to, Alex Martinez. Letter from Deputy Registrar.
2019-07-12 Correspondence received from, (Letter Form), Alex Martinez Alex Martinez
2019-07-11 Correspondence received from, (Letter Form), Alex Martinez Alex Martinez
2019-07-09 Correspondence received from, (Letter Form), Alex Martinez Alex Martinez
2019-07-08 Correspondence received from, (Letter Form), Alex Martinez Alex Martinez
2019-06-26 Correspondence received from, (Letter Form), Alex Martinez Alex Martinez
2019-06-14 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2019-06-14 Judgment on leave sent to the parties
2019-06-13 Judgment of the Court on the application for leave to appeal,
The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-239-18, dated October 18, 2018, is dismissed with costs to the respondents, Her Majesty the Queen, Government of British Columbia, Royal Canadian Mounted Police (RCMP), Communications Security Establishment (CSE), Public Complaints Commission to the Royal Canadian Mounted Police, University of Calgary, Teck Coal Limited, Winnipeg Police Service, President’s Choice Financial, Bank of America, National Association and Toronto-Dominion Bank.

Côté J. took no part in the judgment.
Dismissed, with costs
2019-05-13 All materials on application for leave submitted to the Judges, for consideration by the Court
2019-05-06 Applicant's reply to respondent's argument, (Letter Form), Reply to Teck Coal Limited, Completed on: 2019-05-06 Alex Martinez
2019-05-06 Applicant's reply to respondent's argument, (Letter Form), Reply to Winnipeg Police Services, Completed on: 2019-05-06 Alex Martinez
2019-05-03 Notice of name, (Letter Form) City of Calgary
2019-05-02 Applicant's reply to respondent's argument, (Letter Form), Reply to City of Calgary, Completed on: 2019-05-02 Alex Martinez
2019-04-30 Applicant's reply to respondent's argument, (Letter Form), Reply to President's Choice Financial, Completed on: 2019-04-30 Alex Martinez
2019-04-30 Applicant's reply to respondent's argument, (Letter Form), Reply to Toronto Dominion Bank, Completed on: 2019-04-30 Alex Martinez
2019-04-29 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2019-04-29 Manitoba Court of Queen's Bench
2019-04-29 Certificate (on limitations to public access), (Letter Form) Manitoba Court of Queen's Bench
2019-04-26 Applicant's reply to respondent's argument, (Letter Form), Reply to City of Calgary, Completed on: 2019-04-26 Alex Martinez
2019-04-26 Notice of name, (Letter Form) President’s Choice Financial
2019-04-26 Certificate (on limitations to public access), (Letter Form) Winnipeg Police Service
2019-04-25 Applicant's reply to respondent's argument, (Letter Form), Reply to Government of British Columbia, et al., Completed on: 2019-04-25 Alex Martinez
2019-04-25 Applicant's reply to respondent's argument, (Letter Form), Reply to University of Calgary, Completed on: 2019-04-25 Alex Martinez
2019-04-25 Certificate (on limitations to public access), (Letter Form) Teck Coal Limited
2019-04-25 Notice of name, (Letter Form) Teck Coal Limited
2019-04-25 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2019-04-25 Teck Coal Limited
2019-04-25 Certificate (on limitations to public access), (Letter Form) President’s Choice Financial
2019-04-25 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2019-04-25 President’s Choice Financial
2019-04-25 Notice of name, (Letter Form) Bank of America, National Association
2019-04-25 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2019-04-25 City of Calgary
2019-04-25 Certificate (on limitations to public access), (Letter Form) City of Calgary
2019-04-25 Notice of name, (Letter Form) University of Calgary
2019-04-24 Applicant's reply to respondent's argument, (Letter Form), Reply to Court of Queen's et al., Completed on: 2019-04-24 Alex Martinez
2019-04-24 Certificate (on limitations to public access), (Letter Form) Her Majesty the Queen
2019-04-24 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2019-04-24 Her Majesty the Queen
2019-04-24 Notice of name, (Letter Form) Winnipeg Police Service
2019-04-24 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2019-04-24 Winnipeg Police Service
2019-04-23 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2019-04-24) Bank of America, National Association
2019-04-23 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2019-04-23, (Printed version filed on 2019-04-24) Bank of America, National Association
2019-04-16 Certificate (on limitations to public access), (Letter Form) University of Calgary
2019-04-16 Respondent's response on the application for leave to appeal, (Letter Form), Missing: Notice of Name-rec'd 2019/04/25, Completed on: 2019-04-25 University of Calgary
2019-04-16 Respondent's response on the application for leave to appeal, (Letter Form), Missing: Service, 23A, Completed on: 2019-05-14 Government of British Columbia
2019-03-28 Letter advising parties of a complete application for leave to appeal, FILE OPENED 2019/03/28
2019-01-17 Notice of name, (Letter Form) Alex Martinez
2019-01-17 Certificate (on limitations to public access), (Letter Form), Amended certificate rec'd 2019/01/22 Alex Martinez
2018-12-28 Letter requesting materials at end of review period; Court file no. not assigned
2018-12-21 Letter acknowledging receipt of an application for leave to appeal
2018-12-19 Application for leave to appeal, (Book Form), Amended notice of application rec'd 2019/01/22, Completed on: 2019-01-22 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
Her Majesty the Queen Respondent Active
Government of British Columbia Respondent Active
Royal Canadian Mounted Police (RCMP) Respondent Active
Communications Security Establishment (CSE) Respondent Active
Public Complaints Commission to the Royal Canadian Mounted Police Respondent Active
British Columbia Public Service Respondent Active
City of Calgary Respondent Active
University of Calgary Respondent Active
Government of Alberta Respondent Active
Teck Coal Limited Respondent Active
Court of Queen's Bench Calgary Respondent Active
Manitoba Court of Queen's Bench Respondent Active
Manitoba Court of Appeal Respondent Active
Governement of Manitoba Respondent Active
Winnipeg Police Service Respondent Active
Bell Canada Respondent Active
Manitoba Telecom System Allstream Respondent Active
Vonage Canada Respondent Active
Telus Canada Respondent Active
President’s Choice Financial Respondent Active
President’s Choice Bank Respondent Active
Bank of America, National Association Respondent Active
Toronto-Dominion Bank Respondent Active
Winnipeg Child and Family Services Respondent Active
Manitoba Institute of Registered Social Workers Respondent Active
Manitoba Public Insurance Corporation Respondent Active

Counsel

Party: Martinez, Alex

This party is not represented by counsel.

Party: Her Majesty the Queen

Counsel
Name
Marieke Bouchard
Contact information
Department of Justice
284 Wellington Street, SAT-6
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-8003
FAX: (613) 952-6006
Email: marieke.bouchard@justice.gc.ca

Party: Government of British Columbia

Counsel
Name
Fernando de Lima
Contact information
Attorney General of British Columbia
Legal Services Branch
1301 – 865 Hornby Street
Victoria, British Columbia
V6Z 2G3
Telephone: (250) 356-8877
FAX: (250) 356-8653
Email: fernando.delima@gov.bc.ca

Party: Royal Canadian Mounted Police (RCMP)

Counsel
Name
Marieke Bouchard
Contact information
Department of Justice
284 Wellington Street, SAT-6
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-8003
FAX: (613) 952-6006
Email: marieke.bouchard@justice.gc.ca

Party: Communications Security Establishment (CSE)

Counsel
Name
Marieke Bouchard
Contact information
Department of Justice
284 Wellington Street, SAT-6
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-8003
FAX: (613) 952-6006
Email: marieke.bouchard@justice.gc.ca

Party: Public Complaints Commission to the Royal Canadian Mounted Police

Counsel
Name
Marieke Bouchard
Contact information
Department of Justice
284 Wellington Street, SAT-6
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-8003
FAX: (613) 952-6006
Email: marieke.bouchard@justice.gc.ca

Party: British Columbia Public Service

Counsel
Name
Fernando de Lima
Contact information
Attorney General of British Columbia
Legal Services Branch
1301 – 865 Hornby Street
Victoria, British Columbia
V6Z 2G3
Telephone: (250) 356-8877
FAX: (250) 356-8653
Email: fernando.delima@gov.bc.ca

Party: City of Calgary

Counsel
Name
Danielle T. Gallo
Contact information
City of Calgary
P.O. Box 2100, Stn. M.
Calgary, Alberta
T2P 2M5
Telephone: (403) 268-2484
FAX: (403) 268-4634
Email: danielle.gallo@calgary.ca

Party: University of Calgary

Counsel
Name
Alan S. Rudakoff, Q.C.
Contact information
Scott Venturo Rudakoff LLP
1500, 222 3 Avenue
Calgary, Alberta
T2P 0B4
Telephone: (403) 261-9043
FAX: (403) 265-4632
Email: a.rudakoff@svrlawyers.com

Party: Government of Alberta

Counsel
Name
Cynthia Hykaway
Contact information
Alberta Justice and Solicitor General
639 5th Avenue SW
Suite 1710
Calgary, Alberta
T2P 0M9
Telephone: (403) 297-4433
FAX: (403) 662-3824
Email: cynthia.hykaway@gov.ab.ca

Party: Teck Coal Limited

Counsel
Name
Adam LaRoche
Contact information
Osler, Hoskin & Harcourt LLP
450-1st Street S.W.
Calgary, Alberta
T2P 5H1
Telephone: (403) 260-7039
FAX: (403) 260-7024
Email: alaroche@osler.com
Agent
Name
Geoffrey Langen
Contact information
Osler, Hoskin & Harcourt LLP
Suite 320, World Exchange Plaza
100 Queen St
Ottawa, Ontario
K1P 1J9
Telephone: (613) 235-7234
FAX: (613) 235-2867
Email: glangen@osler.com

Party: Court of Queen's Bench Calgary

Counsel
Name
Cynthia Hykaway
Contact information
Alberta Justice and Solicitor General
639 5th Avenue SW
Suite 1710
Calgary, Alberta
T2P 0M9
Telephone: (403) 297-4433
FAX: (403) 662-3824
Email: cynthia.hykaway@gov.ab.ca

Party: Manitoba Court of Queen's Bench

Counsel
Name
Tom Dobson
Contact information
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

Party: Manitoba Court of Appeal

Counsel
Name
Tom Dobson
Contact information
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

Party: Governement of Manitoba

Counsel
Name
Tom Dobson
Contact information
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

Party: Winnipeg Police Service

Counsel
Name
Kalyn Bomback
Contact information
City of Winnipeg
185 King Street 3rd Floor
Winnipeg, Manitoba
R3B 1J1
Telephone: (204) 986-2409
FAX: (204) 947-9155
Email: kbomback@winnipeg.ca

Party: Bell Canada

Counsel
Names
Keith J. Ferbers
Curtis G. Parker
Contact information
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 Telecom System Allstream

Counsel
Names
Keith J. Ferbers
Curtis G. Parker
Contact information
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: Vonage Canada

This party is not represented by counsel.

Party: Telus Canada

Counsel
Names
Keith J. Ferbers
Curtis G. Parker
Contact information
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: President’s Choice Financial

Counsel
Names
Brent C. Ross
Robert J.E. Prokopanko
Contact information
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: President’s Choice Bank

Counsel
Names
Brent C. Ross
Robert J.E. Prokopanko
Contact information
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: Bank of America, National Association

Counsel
Names
Brent C. Ross
Robert J.E. Prokopanko
Contact information
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: Toronto-Dominion Bank

Counsel
Name
Marco S. Romeo
Contact information
Gowling WLG (Canada) LLP
1st Canadian Place
100 King Street West, Suite 1600
Toronto, Ontario
M5X 1G5
Telephone: (416) 862-5751
FAX: (416) 862-7661
Email: marco.romeo@gowlingwlg.com

Party: Winnipeg Child and Family Services

Counsel
Name
Tom Dobson
Contact information
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

Party: Manitoba Institute of Registered Social Workers

Counsel
Name
Bernice R. Bowley
Contact information
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: Manitoba Public Insurance Corporation

This party is not represented by counsel.

Summary

Keywords

Judgments and orders — Summary judgments — Motion to strike pleadings — Attorney General of Canada’s motion to strike applicant’s statement of claim granted — Whether willful misconduct and fraud occurred — Whether Federal Court of Appeal was premature in making decision and failed to address the issue of civil and criminal contempt

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.

In 2005, Mr. Martinez’s former girlfriend called 911 after she observed a man committing an indecent act across the street from her home. A police report was prepared in which Mr. Martinez was named as a witness. He denies that he witnessed the incident. Mr. Martinez commenced an action against various respondents claiming damages. The motion judge struck the applicant’s statement of claim in its entirety. The applicant’s subsequent motion for contempt and reconsideration was dismissed.


Lower court rulings

May 11, 2018
Federal Court

T-404-18

Applicant’s statement of claim struck in its entirety without leave to amend
October 18, 2018
Federal Court of Appeal

A-239-18

Applicant’s motion for contempt and reconsideration 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

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

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

Webcasts

Not available.

Date modified: 2025-02-27