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.
40149
Larry Philip Fontaine, et al. v. Attorney General of Canada, et al.
(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) |
|---|---|---|
| 2022-10-27 | Close file on Leave | |
| 2022-10-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-10-20 | Judgment on leave sent to the parties | |
| 2022-10-20 |
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 for Ontario, Number M52780 (C69253), 2021 ONCA 931, dated December 31, 2021, is dismissed. Dismissed |
|
| 2022-09-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-07-19 | Certificate (on limitations to public access), (Letter Form), 23B - Reply, (Printed version filed on 2022-07-21) | Larry Philip Fontaine |
| 2022-07-19 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-07-27, (Printed version filed on 2022-07-21) | Larry Philip Fontaine |
| 2022-06-29 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2022-07-07) | Attorney General of Canada |
| 2022-06-29 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-07-07) | Attorney General of Canada |
| 2022-06-29 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-07-04, (Printed version due on 2022-07-07) | Attorney General of Canada |
| 2022-06-14 |
Correspondence received from, (Letter Form), Court Order Form rec'd estimate as to when court order will be filed: 2022-06-24 , (Printed version due on 2022-06-21) |
Larry Philip Fontaine |
| 2022-05-30 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2022-05-30 | |
| 2022-03-01 | Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B, (Printed version filed on 2022-05-17) | Larry Philip Fontaine |
| 2022-03-01 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-05-17) | Larry Philip Fontaine |
| 2022-03-01 |
Application for leave to appeal, (Book Form), require: -amended cover pages (rec'd 2022-05-09) -copy of the final order of the ONCA decision dated 2021-12-31 (rec'd 2022-07-20) received: revised CA Reasons (rec'd 2022-07-19), Completed on: 2022-08-15, (Printed version due on 2022-03-08) |
Larry Philip Fontaine |
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 |
|---|---|---|
| Larry Philip Fontaine | Applicant | Active |
| in his personal capacity and in his capacity as the Executor of the estate of Agnes Mary Fontaine, deceased, Michelline Ammaq, Percy Archie, Charles Baxter Sr., Elijah Baxter, Evelyn Baxter | Applicant | Active |
| Donald Belcourt, Nora Bernard, John Bosum, Janet Brewster, Rhonda Buffalo, Ernestine Caibaiosai-Gidmark, Michael Carpan, Brenda Cyr, Deanna Cyr, Malcolm Dawson, Ann Dene, Benny Doctor, Lucy Doctor | Applicant | Active |
| James Fontaine in his personal capacity and in his capacity as the Executor of the estate of Agnes Mary Fontaine, deceased, Vincent Bradley Fontaine, Dana Eva Marie Francey, Peggy Good, Fred Kelly, Rosemarie Kuptana | Applicant | Active |
| Elizabeth Kusiak, Theresa Larocque, Jane McCullum, Cornelius McComber, Veronica Marten, Stanley Thomas Nepetaypo, Flora Northwest, Norman Pauchey, Camble Quatell | Applicant | Active |
| Alvin Barney Saulteaux, Christine Semple, Dennis Smokeyday, Kenneth Sparvier, Edward Tapiatic, Helen Winderman And Adrian Yellowknee | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
| The Presbyterian Church in Canada, The General Synod of the Anglican Church of Canada, The United Church of Canada, The Board of Home Missions of the United Church of Canada, The Women’s Missionary Society of the Presbyterian Church | Respondent | Active |
| The Baptist Church in Canada, Board of Home Missions and Social Services of the Presbyterian Church in Bay, The Canada Impact North Ministries of the Company for the Propagation of the Gospel in New England (also known as The New England Company) | Respondent | Active |
| The Diocese of Saskatchewan, The Diocese of the Synod of Cariboo, The Foreign Mission of the Presbyterian Church in Canada, The Incorporated Synod of the Diocese of Huron, The Methodist Church of Canada | Respondent | Active |
| The Missionary Society of the Anglican Church of Canada, The Missionary Society of the Methodist Church of Canada (also known as The Methodist Missionary Society of Canada), The Incorporated Synod of the Diocese of Algoma | Respondent | Active |
| The Synod of the Anglican Church of the Diocese of Quebec, The Synod of the Diocese of Athabasca, The Synod of the Diocese of Brandon, The Anglican Synod of the Diocese of British Columbia, The Synod of the Diocese of Calgary | Respondent | Active |
| The Synod of the Diocese of Keewatin, The Synod of the Diocese of Qu’appelle, The Synod of the Diocese of New Westminster, The Synod of the Diocese of Yukon, The Trustee Board of the Presbyterian Church in Canada | Respondent | Active |
| The Board of Home Missions and Social Service of the Presbyterian Church of Canada, The Women’s Missionary Society of the United Church of Canada, Sisters of Charity, a body corporate also known as Sisters Of Charity of St. Vincent de Paul | Respondent | Active |
| Halifax, also known as Sisters of Charity Halifax, Roman Catholic Episcopal Corporation of Halifax, Les Soeurs de Notre Dame Auxiliatrice, Les Soeurs de St. Francois D’assise, Institut des Soeurs du Bon Conseil | Respondent | Active |
| Les Soeurs de Saint-Joseph de Saint-Hyacinthe, Les Soeurs de Jesus-Marie, Les Soeurs de l’Assomption de la Sainte Vierge, Les Soeurs de l’Assomption de la Saint Vierge de l’alberta, Les Soeurs de la Charite de St.-Hyacinthe | Respondent | Active |
| Les Oeuvres Oblates de l’Ontario, Les Residences Oblates du Quebec, La Corporation Episcopale Catholique Romaine de la Baie James (The Roman Catholic Episcopal Corporation of James Bay), The Catholic Diocese of Moosonee | Respondent | Active |
| Soeurs Grises de Montréal/Grey Nuns of Montreal, Sisters of Charity (Grey Nuns) of Alberta, Les Soeurs de la Charité des T.N.O., Hotel-Dieu de Nicolet, The Grey Nuns of Manitoba Inc. Les Soeurs Grises du Manitoba Inc. | Respondent | Active |
| La Corporation Episcopale Catholique Romaine de la Baie d’Hudson — The Roman Catholic Episcopal Corporation of Hudson’s Bay, Missionary Oblates — Grandin Province, Les Oblats de Marie Immaculee du Manitoba | Respondent | Active |
| The Archiepiscopal Corporation of Regina, The Sisters of the Presentation, The Sisters of St. Joseph of Sault St. Marie, Sisters of Charity of Ottawa, Oblates of Mary Immaculate — St. Peter’s Province, The Sisters of Saint Ann | Respondent | Active |
| Sisters of Instruction of the Child Jesus, The Benedictine Sisters of Mt. Angel Oregon, Les Peres Montfortains, The Roman Catholic Bishop of Kamloops Corporation Sole, The Bishop of Victoria, Corporation Sole | Respondent | Active |
| The Roman Catholic Bishop of Nelson, Corporation Sole, Order of the Oblates Of Mary Immaculate in the Province of British Columbia, The Sisters of Charity of Providence of Western Canada, La Corporation Episcopale Catholique Romaine de Grouard | Respondent | Active |
| Roman Catholic Episcopal Corporation of Keewatin, La Corporation Archiépiscopale Catholique Romaine de St. Boniface, Les Missionnaires Oblates Sisters de St. Boniface-The Missionary Oblates Sisters of St. Boniface | Respondent | Active |
| Roman Catholic Archiepiscopal Corporation of Winnipeg, La Corporation Episcopale Catholique Romaine de Prince Albert, The Roman Catholic Bishop of Thunder Bay, Immaculate Heart Community of Los Angeles, Ca | Respondent | Active |
| Archdiocese of Vancouver — The Roman Catholic Archbishop of Vancouver, Roman Catholic Diocese of Whitehorse, The Catholic Episcopal Corporation of Mackenzie-Fort Smith, The Roman Catholic Episcopal Corporation of Prince Rupert | Respondent | Active |
| Episcopal Corporation of Saskatoon, OMI Lacombe Canada Inc. and Mt. Angel Abbey Inc. | Respondent | Active |
Counsel
Party: Larry Philip Fontaine
Counsel
Michael Swinwood
169 Gilmour Street
Ottawa, Ontario
K2P 0N8
Telephone: (613) 238-8180
FAX: (343) 888-2150
Email: fbrunning@ewfb.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Donald Belcourt, Nora Bernard, John Bosum, Janet Brewster, Rhonda Buffalo, Ernestine Caibaiosai-Gidmark, Michael Carpan, Brenda Cyr, Deanna Cyr, Malcolm Dawson, Ann Dene, Benny Doctor, Lucy Doctor
Counsel
Michael Swinwood
169 Gilmour Street
Ottawa, Ontario
K2P 0N8
Telephone: (613) 238-8180
FAX: (343) 888-2150
Email: fbrunning@ewfb.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: James Fontaine in his personal capacity and in his capacity as the Executor of the estate of Agnes Mary Fontaine, deceased, Vincent Bradley Fontaine, Dana Eva Marie Francey, Peggy Good, Fred Kelly, Rosemarie Kuptana
Counsel
Michael Swinwood
169 Gilmour Street
Ottawa, Ontario
K2P 0N8
Telephone: (613) 238-8180
FAX: (343) 888-2150
Email: fbrunning@ewfb.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Elizabeth Kusiak, Theresa Larocque, Jane McCullum, Cornelius McComber, Veronica Marten, Stanley Thomas Nepetaypo, Flora Northwest, Norman Pauchey, Camble Quatell
Counsel
Michael Swinwood
169 Gilmour Street
Ottawa, Ontario
K2P 0N8
Telephone: (613) 238-8180
FAX: (343) 888-2150
Email: fbrunning@ewfb.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Alvin Barney Saulteaux, Christine Semple, Dennis Smokeyday, Kenneth Sparvier, Edward Tapiatic, Helen Winderman And Adrian Yellowknee
Counsel
Michael Swinwood
169 Gilmour Street
Ottawa, Ontario
K2P 0N8
Telephone: (613) 238-8180
FAX: (343) 888-2150
Email: fbrunning@ewfb.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: in his personal capacity and in his capacity as the Executor of the estate of Agnes Mary Fontaine, deceased, Michelline Ammaq, Percy Archie, Charles Baxter Sr., Elijah Baxter, Evelyn Baxter
Counsel
Michael Swinwood
169 Gilmour Street
Ottawa, Ontario
K2P 0N8
Telephone: (613) 238-8180
FAX: (343) 888-2150
Email: fbrunning@ewfb.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Attorney General of Canada
Counsel
Brent Thompson
Prairie Regional Office, Edmonton
300, 10423-101 Street
Edmonton, Alberta
T5H 0E7
Telephone: (780) 495-2975
FAX: (780) 495-5697
Email: francois.daigle@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
Party: The Presbyterian Church in Canada, The General Synod of the Anglican Church of Canada, The United Church of Canada, The Board of Home Missions of the United Church of Canada, The Women’s Missionary Society of the Presbyterian Church
This party is not represented by counsel.
Party: The Baptist Church in Canada, Board of Home Missions and Social Services of the Presbyterian Church in Bay, The Canada Impact North Ministries of the Company for the Propagation of the Gospel in New England (also known as The New England Company)
This party is not represented by counsel.
Party: The Diocese of Saskatchewan, The Diocese of the Synod of Cariboo, The Foreign Mission of the Presbyterian Church in Canada, The Incorporated Synod of the Diocese of Huron, The Methodist Church of Canada
This party is not represented by counsel.
Party: The Missionary Society of the Anglican Church of Canada, The Missionary Society of the Methodist Church of Canada (also known as The Methodist Missionary Society of Canada), The Incorporated Synod of the Diocese of Algoma
This party is not represented by counsel.
Party: The Synod of the Anglican Church of the Diocese of Quebec, The Synod of the Diocese of Athabasca, The Synod of the Diocese of Brandon, The Anglican Synod of the Diocese of British Columbia, The Synod of the Diocese of Calgary
This party is not represented by counsel.
Party: The Synod of the Diocese of Keewatin, The Synod of the Diocese of Qu’appelle, The Synod of the Diocese of New Westminster, The Synod of the Diocese of Yukon, The Trustee Board of the Presbyterian Church in Canada
This party is not represented by counsel.
Party: The Board of Home Missions and Social Service of the Presbyterian Church of Canada, The Women’s Missionary Society of the United Church of Canada, Sisters of Charity, a body corporate also known as Sisters Of Charity of St. Vincent de Paul
This party is not represented by counsel.
Party: Halifax, also known as Sisters of Charity Halifax, Roman Catholic Episcopal Corporation of Halifax, Les Soeurs de Notre Dame Auxiliatrice, Les Soeurs de St. Francois D’assise, Institut des Soeurs du Bon Conseil
This party is not represented by counsel.
Party: Les Soeurs de Saint-Joseph de Saint-Hyacinthe, Les Soeurs de Jesus-Marie, Les Soeurs de l’Assomption de la Sainte Vierge, Les Soeurs de l’Assomption de la Saint Vierge de l’alberta, Les Soeurs de la Charite de St.-Hyacinthe
This party is not represented by counsel.
Party: Les Oeuvres Oblates de l’Ontario, Les Residences Oblates du Quebec, La Corporation Episcopale Catholique Romaine de la Baie James (The Roman Catholic Episcopal Corporation of James Bay), The Catholic Diocese of Moosonee
This party is not represented by counsel.
Party: Soeurs Grises de Montréal/Grey Nuns of Montreal, Sisters of Charity (Grey Nuns) of Alberta, Les Soeurs de la Charité des T.N.O., Hotel-Dieu de Nicolet, The Grey Nuns of Manitoba Inc. Les Soeurs Grises du Manitoba Inc.
This party is not represented by counsel.
Party: La Corporation Episcopale Catholique Romaine de la Baie d’Hudson — The Roman Catholic Episcopal Corporation of Hudson’s Bay, Missionary Oblates — Grandin Province, Les Oblats de Marie Immaculee du Manitoba
This party is not represented by counsel.
Party: The Archiepiscopal Corporation of Regina, The Sisters of the Presentation, The Sisters of St. Joseph of Sault St. Marie, Sisters of Charity of Ottawa, Oblates of Mary Immaculate — St. Peter’s Province, The Sisters of Saint Ann
This party is not represented by counsel.
Party: Sisters of Instruction of the Child Jesus, The Benedictine Sisters of Mt. Angel Oregon, Les Peres Montfortains, The Roman Catholic Bishop of Kamloops Corporation Sole, The Bishop of Victoria, Corporation Sole
This party is not represented by counsel.
Party: The Roman Catholic Bishop of Nelson, Corporation Sole, Order of the Oblates Of Mary Immaculate in the Province of British Columbia, The Sisters of Charity of Providence of Western Canada, La Corporation Episcopale Catholique Romaine de Grouard
This party is not represented by counsel.
Party: Roman Catholic Episcopal Corporation of Keewatin, La Corporation Archiépiscopale Catholique Romaine de St. Boniface, Les Missionnaires Oblates Sisters de St. Boniface-The Missionary Oblates Sisters of St. Boniface
This party is not represented by counsel.
Party: Roman Catholic Archiepiscopal Corporation of Winnipeg, La Corporation Episcopale Catholique Romaine de Prince Albert, The Roman Catholic Bishop of Thunder Bay, Immaculate Heart Community of Los Angeles, Ca
This party is not represented by counsel.
Party: Archdiocese of Vancouver — The Roman Catholic Archbishop of Vancouver, Roman Catholic Diocese of Whitehorse, The Catholic Episcopal Corporation of Mackenzie-Fort Smith, The Roman Catholic Episcopal Corporation of Prince Rupert
This party is not represented by counsel.
Party: Episcopal Corporation of Saskatoon, OMI Lacombe Canada Inc. and Mt. Angel Abbey Inc.
This party is not represented by counsel.
Summary
Keywords
Civil procedure — Class proceedings — Settlement — Administration — Settlement agreement resolved class actions by Aboriginal persons who attended residential schools (“IRSSA”) — Agreement provided for Independent Assessment Process for serious claims of abuse — Canada ordered to disclose additional documents and revise certain reports in relation to former students of one Indian Residential School — Party to settlement agreement requested directions appointing Independent Special Advisor to review certain claims based on existing and new evidence — Scope of appellate jurisdiction to enforce IRSSA and superior court ancillary orders — Scope of appellate jurisdiction to supervise and enforce Canada’s mandatory disclosure requirements under IRSSA and orders ancillary to it — Whether order amending explicit requirements of IRSSA should be considered “interlocutory” or “final” — Whether appeal governed under Courts of Justice Act and its analogues or under sui generis jurisdiction — Whether Canada’s failure to comply with IRSSA disclosure requirements and IRSSA ancillary superior court orders can become moot — Whether appellate decisions restrict meaningful access to justice for survivors of Indian residential schools — Whether appellate decisions ensure principles of rule of law are enforced for Indigenous people of Canada.
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 the context of the implementation of the Indian Residential School Settlement Agreement, Canada was ordered to disclose additional documents and to revise various reports relating to abuse allegations against St. Anne’s Indian Residential School. Thousands of additional documents and revised reports were provided. Out of a concern that that the claims brought by the students of that school and resolved prior to the new disclosure might not have been resolved on the best evidence, the Attorney General of Canada sought the appointment of an Independent Special Advisor to review those claims based on all of the evidence.
Perell J. appointed an Independent Special Advisor to review certain claims by former students of St. Anne’s Indian Residential School and set the terms of his appointment. The former students moved to stay Perell J.’s order and sought a preservation order. Both motions were denied. Then, having filed their notice of appeal, the former students requested an extension of time to perfect their appeal. Meanwhile, the Independent Special Advisor completed the work ordered and his report was approved by the court. As that rendered the appeal of Perell J.’s order moot, the request to extend the time to perfect the appeal was denied.
Lower court rulings
Ontario Superior Court of Justice
00-CV-192059, 2021 ONSC 2921
Appointment of Independent Special Advisor to conduct review of certain claims by former students of St. Anne’s Indian Residential School; terms of appointment set
Court of Appeal for Ontario
2021 ONCA 313, M52372 (C69253)
Motion to stay order of Perell J. and motion for preservation order dismissed
Court of Appeal for Ontario
M52699 (C69253)
Motion to extend time to perfect appeal dismissed
Court of Appeal for Ontario
2021 ONCA 931, M52780 (C69253)
Motion to review decision not to extend time to perfect 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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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.
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