Case information

Civil procedure — Case management conference — Case management judge setting hearing date and filing timetable for motions — Applicant applying directly for leave to appeal to the Supreme Court from Superior Court endorsement — Whether Superior Court erred in delaying constitutional and public importance motions by 19 months — Whether respondent’s deferral policy violates ss. 15(1) and 7 of the Charter — Whether applicant should be permitted to bypass the Court of Appeal and appeal directly to the Supreme Court of Canada

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 statement of claim against the respondent, Canadian Blood Services (CBS). The endorsement of the Superior Court of Justice – Ontario Divisional Court from which the applicant seeks leave to appeal arose from a case conference held to schedule a motion brought by CBS to strike the applicant’s statement of claim in the underlying action. At the case conference, the applicant advised that they intended to bring a cross-motion for summary judgment against CBS. The case management judge set a hearing date for both motions and established a timetable for the various filings leading up to the hearing date.