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.
39933
Matthew Christopher Hamm, et al. v. Attorney General of Canada
(Alberta) (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) |
|---|---|---|
| 2022-04-01 | Close file on Leave | |
| 2022-03-31 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-03-31 | Judgment on leave sent to the parties | |
| 2022-03-31 |
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 of Alberta (Edmonton), Number 2003-0231AC, 2021 ABCA 329, dated November 5, 2021 is dismissed. Dismissed |
|
| 2022-02-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-01-31 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-02-18, (Printed version filed on 2022-02-24) | Matthew Christopher Hamm |
| 2022-01-21 | Certificate (on limitations to public access) | Attorney General of Canada |
| 2022-01-21 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-02-18 | Attorney General of Canada |
| 2021-12-15 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-12-15 | |
| 2021-12-06 | Certificate (on limitations to public access), (Letter Form), require: amended 23A (rec'd 2021-12-02), (Printed version filed on 2021-12-07) | Matthew Christopher Hamm |
| 2021-12-06 |
Application for leave to appeal, (Book Form), Require: -Amended Full Application, Amended Notice, Amended Memorandum (electronic copies rec'd 2022-01-11, paper copies received 2022-01-14) -Signed CA Order (rec'd 2022-01-11) -Signed Trial Judgment. (rec'd 2022-01-11) -Amended 23A (rec'd 2021-12-02), Completed on: 2022-02-21, (Printed version filed on 2021-12-07) |
Matthew Christopher Hamm |
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 |
|---|---|---|
| Hamm, Matthew Christopher | Applicant | Active |
| Keepness, Shawn Curtis | Applicant | Active |
| Tobin, Taylor James | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Hamm, Matthew Christopher
Counsel
Devon A. Luca
Avnish Nanda
3400 One First Canadian Place
P.O. Box 130
Toronto, Ontario
M4X 1A4
Telephone: (416) 777-6503
FAX: (416) 863-1716
Email: agarwalr@bennettjones.com
Party: Keepness, Shawn Curtis
Counsel
Devon A. Luca
Avnish Nanda
3400 One First Canadian Place
P.O. Box 130
Toronto, Ontario
M4X 1A4
Telephone: (416) 777-6503
FAX: (416) 863-1716
Email: agarwalr@bennettjones.com
Party: Tobin, Taylor James
Counsel
Devon A. Luca
Avnish Nanda
3400 One First Canadian Place
P.O. Box 130
Toronto, Ontario
M4X 1A4
Telephone: (416) 777-6503
FAX: (416) 863-1716
Email: agarwalr@bennettjones.com
Party: Attorney General of Canada
Counsel
James Elford
Epcor Tower
300 10423-101 Street
Edmonton, Alberta
T5H 0E7
Telephone: (780) 495-6819
FAX: (780) 495-8491
Email: amy.martin-leblanc@justice.gc.ca
Agent
Department of Justice Canada, Civil Litigation Section
50 O'Connor Street, 5th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
Civil procedure — Stay — Proper common law test for a stay of one proceeding in favour of another — Factors courts should consider when granting a stay pursuant to statutory powers under provincial class proceedings legislation — Whether s. 14 of Class Proceedings Act, SA 2000, c. C 16.5, and its equivalents in other provinces apply to proposed class actions not yet certified or give courts jurisdiction to stay an action in one province in favour of a class proceeding in another province?
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. Hamm, Mr. Keepness and Mr. Tobin were held in administrative segregation in a federal institution. A habeas corpus application found the detentions unreasonable and a breach of the duty of procedural fairness. They commenced a civil action for damages. The Attorney General applied for a stay of proceedings and argued the action overlaps with a class proceeding. A Master in Chambers dismissed the application. The Court of Queen’s Bench allowed an appeal and imposed a stay. The Court of Appeal dismissed an appeal.
Lower court rulings
Court of Queen’s Bench of Alberta
1603 18759, 2020 ABQB 7651
Appeal allowed, proceedings stayed
Court of Appeal of Alberta (Edmonton)
2003-0231AC, 2021 ABCA 329
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
Not available
Related links
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
Not available