Docket

23517

Ihor Bardyn, et al. v. Y.R. Botiuk

(Ontario) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2004-02-12 Correspondence received from, M. Orkin (new counsel) dated Feb. 4, 2004 re: needs direction on restoring applicant's entitlements to costs (joint with 23519) - motion requested - Document not microfilmed but is on file Y.R. Botiuk
1997-08-15 Appeal closed
1995-11-22 Record returned to the Registrar of the Court of Appeal
1995-10-17 Correspondence (sent by the Court) to, sent to Osler, Hoskin & Harcourt (Toronto, ON) to advise that the changes set out in the attached memorandum dated Oct 11/95 have been made in Cory J.'s reasons in Botiuk v. Toronto Free Press Publications Ltd. c.c. Patricia Wilson
1995-10-17 Correspondence (sent by the Court) to, sent to Tory Tory Deslauriers & Binnington (Toronto, ON) to advise that the changes set out in the attached memorandum dated Oct 11/95 have been made in Cory J.'s reasons in Botiuk v. Toronto Free Press Publications Ltd. c.c. Burke-Robertson
1995-10-17 Correspondence (sent by the Court) to, sent to Weir & Foulds (Toronto, ON) to advise that the changes set out in the attached memorandum dated Oct 11/95 have been made in Cory J.'s reasons in Botiuk v. Toronto Free Press Publications Ltd. c.c. Nelligan Power
1995-10-11 General proceeding, CORRECTIONS in the reasons for judgment
1995-10-04 Copy of formal judgment being prepared, Burke-Robertson
1995-10-04 Copy of formal judgment being prepared, Osler, Hoskin & Harcourt (Ottawa, ON)
1995-10-03 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1995-09-29 Correspondence (sent by the Court) to, from Tory, Tory to M. Larmour, letter dated Sept. 27/95 (fax copy) re: requesting that we send them as soon as possible the release of the formal judgment (joint with 23519)
1995-09-22 Notice of deposit of judgment sent to all parties, Burke-Robertson
1995-09-22 Notice of deposit of judgment sent to all parties, Osler, Hoskin & Harcourt (Ottawa, ON)
1995-09-21 Judgment on the appeal rendered, LaF L'HD G Co McL Ia Ma, The appeals are dismissed with costs and the cross-appeals are allowed with costs. (heard with 23519)
Dismissed, no order as to costs
1994-12-21 General proceeding, transcripts received and distributed to the judges (173 pages) - joint with 23519
1994-12-08 Hearing of the appeal, 1994-12-08, LaF L'HD G Co McL Ia Ma
Decision reserved
1994-12-08 Supplemental document, 8 copies of SUPPLEMENTARY CASE ON APPEAL NO. 9 (GIVEN IN COURT BY THE APPELLANT) Ihor Bardyn
1994-12-06 Correspondence (sent by the Court) to, from Osler, Hoskin re: duration of argument (fax copy)
1994-12-06 Book of authorities, 10 copies (joint with 23519) Y.R. Botiuk
1994-12-05 Book of authorities, 10 copies Ihor Bardyn
1994-11-30 General proceeding, 24 copies of REPLY FACTUM OF THE APPELLANTS (RESPONDENTS ON THE CROSS-APPEAL) - see order dated Nov. 24/94, with service Ihor Bardyn
1994-11-24 Order on motion to extend time, to file the factum on cross-appeal
1994-11-24 Decision on motion to extend time, to file the factum on cross-appeal to 10 days from this order, Reg
Granted, no order as to costs
1994-11-24 Hearing of motion to extend time, 1994-11-24, to file the factum on cross-appeal to 10 days from this order, Reg
1994-11-24 Submission of motion to extend time, 1994-11-24, to file the factum on cross-appeal to 10 days from this order, Reg
1994-11-23 Response to motion to extend time, of Tory, Tory (re: motion to extend the time to file the appellant - respondent by cross-appeal) - book form Y.R. Botiuk
1994-11-23 Affidavit, of Mark A. Gelowitz (to file the appellant - respondent on cross-appeal) Ihor Bardyn
1994-11-23 Motion to extend time, to file the appellant (respondent on cross-appeal) 2 copies - book form (joint with 23519) Ihor Bardyn
1994-11-17 Response to motion to extend time, of Osler, Hoskin (to file the supp. case on appeal no. 7 on Nov. 14 and the respondent's factum on Nov. 4/94) - joint with 23519 - book form Ihor Bardyn
1994-11-17 Affidavit, of Jennifer E. Aitken (to file the supp. case on appeal no. 7 on Nov. 14 and the respondent's factum on Nov. 4/94) - joint with 23519 - book form, with service Y.R. Botiuk
1994-11-17 Motion to extend time, to file the supp. case on appeal no. 7 on Nov. 14 and the respondent's factum on Nov. 4/94 - joint with 23519 - book form), with service Y.R. Botiuk
1994-11-17 Order on motion to extend time, to file the supplementary case on appeal & factum to 10 days from this order
1994-11-17 Decision on motion to extend time, to file the supplementary case on appeal & factum to 10 days from this order, Reg
Granted, no order as to costs
1994-11-17 Hearing of motion to extend time, 1994-11-17, to file the supplementary case on appeal & factum to 10 days from this order, Reg
1994-11-17 Submission of motion to extend time, 1994-11-17, to file the supplementary case on appeal & factum to 10 days from this order, Reg
1994-11-14 Supplemental document, CASE ON APPEAL VOL. VII 24 copies (joint with 23519), with service Y.R. Botiuk
1994-11-04 Decision on the motion for leave to intervene, (THIS ORDER WAS RESCINDED BY THE CHIEF JUSTICE ON NOV 4), CJ
Granted, no order as to costs
1994-11-04 Hearing of motion for leave to intervene, 1994-11-04, (THIS ORDER WAS RESCINDED BY THE CHIEF JUSTICE ON NOV 4), CJ
1994-11-04 Submission of motion for leave to intervene, 1994-11-04, (THIS ORDER WAS RESCINDED BY THE CHIEF JUSTICE ON NOV 4), CJ
1994-11-04 Decision on motion to extend time, to intervene, Reg
1994-11-04 Decision on the motion for leave to intervene, (THIS ORDER WAS RESCINDED BY THE CHIEF JUSTICE ON NOV. 4), CJ
Granted, no order as to costs
1994-11-04 Hearing of motion for leave to intervene, 1994-11-04, (THIS ORDER WAS RESCINDED BY THE CHIEF JUSTICE ON NOV. 4), CJ
1994-11-04 Submission of motion for leave to intervene, 1994-11-04, (THIS ORDER WAS RESCINDED BY THE CHIEF JUSTICE ON NOV. 4), CJ
1994-11-04 Decision on motion to extend time, to intervene, Reg
1994-11-04 Respondent's factum, 24 copies (extension of time requested) (JOINT WITH FACTUM ON CROSS-APPEAL), with service Y.R. Botiuk
1994-11-04 Decision on miscellaneous motion, on consent, the orders of Oct 27/94, herein granting Church of Scientology and Morris Manning leave to intervene are rescinded, CJ
Granted, no order as to costs
1994-11-04 Hearing of miscellaneous motion, 1994-11-04, on consent, the orders of Oct 27/94, herein granting Church of Scientology and Morris Manning leave to intervene are rescinded, CJ
1994-11-04 Submission of miscellaneous motion, 1994-11-04, on consent, the orders of Oct 27/94, herein granting Church of Scientology and Morris Manning leave to intervene are rescinded, CJ
1994-11-04 Hearing of motion to extend time, 1994-03-17, to intervene was withdrawn, Reg
1994-11-04 Hearing of motion for leave to intervene, 1994-09-30, heard by CJ was withdrawn
Decision reserved
1994-11-03 Correspondence (sent by the Court) to, from Marc Somerville re: motion for re-hearing of motion for leave to intervene and motion to intervene by Casey Hill (fax copy) - joint with 23519
1994-11-03 General proceeding, RE: FACTUM OF S. CASEY HILL FOR MOTION TO INTERVENE (fax copy) - joint with 23519 Casey Hill
1994-11-02 Affidavit, of John Koch re: to file the motion to intervene by Casey Hill (2 copies - book form) joint with 23519, with service Casey Hill
1994-11-02 Motion to extend time, to file the motion to intervene by Casey Hill - 2 copies - joint with 23519, with service Casey Hill
1994-11-02 Affidavit, of John Koch re: motions to intervene by Casey Hill and to extend the time to file these motions (book form - 2 copies) joint with 23519, with service Casey Hill
1994-11-02 Motion for leave to intervene, 2 copies (book form) - joint with motion to extend the time - joint with 23519, with service Casey Hill
1994-11-02 Correspondence (sent by the Court) to, from Mark Gelowitz, Osler, Hoskin re: is not instructed to consent to an order granting leave to intervene by Casey Hill (fax copy)
1994-11-02 Notice of miscellaneous motion, FOR A REHEARING OF THE MOTIONS FOR LEAVE TO INTERVENE BROUGHT BY THE CHURCH OF SCIENTOLOGY AND MORRIS MANNING WHICH WERE GRANTED BY CJ (2 copies - joint with 23519) Ihor Bardyn
1994-10-31 Order on motion to file a lengthy factum
1994-10-31 Decision on motion to file a lengthy factum, permitting the filing of a single factum of 55 pages in length in both appeals, Reg
Granted, no order as to costs
1994-10-31 Hearing of motion to file a lengthy factum, 1994-10-31, permitting the filing of a single factum of 55 pages in length in both appeals, Reg
1994-10-31 Submission of motion to file a lengthy factum, 1994-10-31, permitting the filing of a single factum of 55 pages in length in both appeals, Reg
1994-10-28 Response to the motion to file a lengthy factum, of Osler, Hoskin & Harcourt (joint with 23519) Ihor Bardyn
1994-10-28 Affidavit, of Jennifer E. Aitken (to file a single factum of 55 pages in response to both appeals) book form, with service Y.R. Botiuk
1994-10-28 Motion to file a lengthy factum, 7 copies (to file a single factum of 55 pages in response to both appeals) book form - joint with 23519, with service Y.R. Botiuk
1994-10-24 Appeal hearing scheduled, 1994-12-08
Decision reserved
1994-10-05 General proceeding, 5 copies of reply memorandum, with service Morris Manning
1994-09-30 General proceeding, 2 copies of argument and authorities on motion by Church of Scientology and Morris Manning to intervene Y.R. Botiuk
1994-09-30 General proceeding, 2 copies of factum of S. Casey Hill on motions by Church of Scientology and Morris Manning to intervene
1994-09-30 Decision on motion to extend time, to intervene
Traversed, no order as to costs
1994-09-30 Hearing of motion to extend time, 1994-09-30, to intervene
Decision reserved
1994-09-30 Submission of motion to extend time, 1994-09-30, to intervene
Decision reserved
1994-09-30 Hearing of motion for leave to intervene, 1994-09-30
Decision reserved
1994-09-30 Submission of motion for leave to intervene, 1994-09-30
Decision reserved
1994-09-30 Decision on motion to extend time, to intervene
Traversed, no order as to costs
1994-09-30 Hearing of motion to extend time, 1994-09-30, to intervene
Decision reserved
1994-09-30 Submission of motion to extend time, 1994-09-30, to intervene
Decision reserved
1994-09-30 Hearing of motion for leave to intervene, 1994-09-30
Decision reserved
1994-09-30 Submission of motion for leave to intervene, 1994-09-30
Decision reserved
1994-09-29 General proceeding, 2 copies of the factum of Church of Scientology of Toronto in support of the motion to intervene (joint with 23519) Church of Scientology of Toronto
1994-09-29 Affidavit, of service of the factum of the applicant Church of Scientology of Toronto (admission of service requested) (Juanita E. Schalow)
1994-09-29 General proceeding, 2 copies of factum on motion for leave to interven e, with service Morris Manning
1994-09-27 Motion to extend time, to file the motion to intervene on Sept. 27/94 (included into the motion book) - jont with 23519, with service Morris Manning
1994-09-27 Correspondence (sent by the Court) to, from David Brown to M. Larmour re: enclosing 5 copies of a motion record on behalf of Mr. Manning (joint with 23519)
1994-09-27 Motion for leave to intervene, 5 copies (book form) - joint with 23519, with service Morris Manning
1994-09-26 Proof of service, of motion record
1994-09-23 Correspondence (sent by the Court) to, from Marc Somerville to M. Larmour re: motion to intervene by Church of Scientology of Toronto
1994-09-23 Affidavit, of R. Ross Wells (book form) - joint with 23519, with service Church of Scientology of Toronto
1994-09-23 Motion to extend time, to file the motion to intervene (joint with motion to intervene - book form - 1 copy), with service Church of Scientology of Toronto
1994-09-23 Motion for leave to intervene, (1 copy) - book form (joint with 23519), with service Church of Scientology of Toronto
1994-09-16 Notice of hearing, With service Ihor Bardyn
1994-08-09 Appeal perfected for hearing, Session beginning on 1994-10-03
1994-08-04 Order on miscellaneous motion, re: marginal numbering of supplementary case on appeal, with service
1994-08-04 Decision on miscellaneous motion, excusing the appellants' from compliance with subrule 33(1)(c) marginal numbering on certain parts of the supplementary case on appeal, with service, DeRg
Granted, no order as to costs
1994-08-04 Hearing of miscellaneous motion, 1994-08-04, excusing the appellants' from compliance with subrule 33(1)(c) marginal numbering on certain parts of the supplementary case on appeal, with service, DeRg
1994-08-04 Submission of miscellaneous motion, 1994-08-04, excusing the appellants' from compliance with subrule 33(1)(c) marginal numbering on certain parts of the supplementary case on appeal, with service, DeRg
1994-07-29 Notice of miscellaneous motion, to accept the Supplementary Case on Appeal in its present form namely without every 10 lines numbered (bookform) 2 copies, with service Ihor Bardyn
1994-07-29 Response to miscellaneous motion, to accept the Supplementary Case on Appeal in its present form namely without every 10 lines numbered Y.R. Botiuk
1994-07-29 Affidavit, to accept the Supplementary Case on Appeal in its present form namely without every 10 lines numbered (of Mark A. Gelowitz) (bookform) (2 copies), with service Ihor Bardyn
1994-07-21 Appellant's factum, 24 copies SEE ORDER OF JULY 15/94, with service Ihor Bardyn
1994-07-21 Certified casebook, (Supplementary) vol. I to V (joint with vol. VI of file 23519) SEE ORDER OF JULY 15/94, with service Ihor Bardyn
1994-07-21 Case on appeal, (Supplementary) 23 copies of vol. I to V (joint with vol. VI of file 23519) SEE ORDER OF JULY 15, 1994 Ihor Bardyn
1994-07-15 Order on motion to extend time, to file joint C/A and appellants' factum ten days after the date of this order
1994-07-15 Decision on motion to extend time, to file the joint Case on Appeal and the appellants' factums ten days after the date of this order, with service, DeRg
Granted, no order as to costs
1994-07-15 Hearing of motion to extend time, 1994-07-15, to file the joint Case on Appeal and the appellants' factums ten days after the date of this order, with service, DeRg
1994-07-15 Submission of motion to extend time, 1994-07-15, to file the joint Case on Appeal and the appellants' factums ten days after the date of this order, with service, DeRg
1994-07-12 Response to motion to extend time, to file the Case on appeal and the Appellant's factum to then days after the date of the Order sought (joint with 23519) Y.R. Botiuk
1994-07-11 Affidavit, to file the Case on Appeal and the Appellants' factums to ten (10) days after the date of the Order sought; 2 copies; Mark A. Gelowitz; (joint with 23519), with service Ihor Bardyn
1994-07-11 Motion to extend time, to file the Case on Appeal and the appellants' factums to ten (10) days after the dated of the Order sought; 2 copies (joint with 23519), with service Ihor Bardyn
1994-04-18 Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt (Ottawa, ON)
1994-04-14 Decision on motion to extend time, for leave to cross-appeal (leave to appeal by Botiuk) is dismissed with costs to Roman Maksymiw as per M. Larmour, Reg
1994-03-17 Order on motion to extend time, to file notice of cross-appeal to Dec 29/93
1994-03-17 Decision on motion to extend time, to serve & file a notice of cross-appeal to Dec. 29/93, Reg
Granted, no order as to costs
1994-03-17 Hearing of motion to extend time, 1994-03-17, to serve & file a notice of cross-appeal to Dec. 29/93, Reg
1994-03-17 Submission of motion to extend time, 1994-03-17, to serve & file a notice of cross-appeal to Dec. 29/93, Reg
1994-03-15 Response to motion to extend time, to serve and file the Notice of cross-appeal to Dec. 29/93 Ihor Bardyn
1994-03-15 Affidavit, to serve and file the Notice of cross-appeal to Dec. 29/93; Jenifer E. Aitken, with service Y.R. Botiuk
1994-03-15 Motion to extend time, to serve and file the Notice of cross-appeal to Dec. 29/93, with service Y.R. Botiuk
1994-02-21 Order on motion to reduce number of copies
1994-02-17 Order on motion to reduce number of copies
1994-02-17 Decision on motion to reduce number of copies, Reg, IT IS ORDERED: 1. The Case on Appeal in the within appeals shall be a Joint Case on Appeal; 2. One full copy of the Case on Appeal shall be filed with the Court, consisting in the case transmitted to the Registrar of this Court by the Registrar of the Court of Appeal for Ontario pursuant to section 63 of the Supreme Court Act; 3. the appellants in appeal no 23517 shall file, together with their factum, twenty-four copies of a Supplementary Case on Appeal containing all pleadings and copies of those extracts from the transcripts of evidence and exhibits upon which they intend to rely, said case to include the Formal Orders and reasons for judgment of each Court below; 4. The appellants in appeal no. 23519 and the respondent shall file, together with their factums, a Supplementary Case on Appeal containing any additional evidence or exhibits upon which they intend to rely.
Granted, no order as to costs
1994-02-17 Hearing of motion to reduce number of copies, 1994-02-17, Reg
1994-02-17 Submission of motion to reduce number of copies, 1994-02-17, Reg
1994-02-15 Response to motion to reduce number of copies Y.R. Botiuk
1994-02-14 Affidavit, 2 copies; Mark A. Gelowitz, with service Ihor Bardyn
1994-02-14 Motion to reduce number of copies, 2 copies, with service Ihor Bardyn
1994-02-11 Appeal court record, 2 boxes (joint with Trial record) (joint with 23519)
1994-02-11 Trial court record, 2 boxes (joint with C/A record)
1993-12-30 Notice of cross appeal, (1 copy), with service Y.R. Botiuk
1993-11-29 Correspondence (sent by the Court) to, sent to Burke-Robertson (Ottawa, ON) enclosing copy of revised formal pronouncement
1993-11-29 Correspondence (sent by the Court) to, sent to Osler, Hoskin & Harcourt (Ottawa, ON) enclosing copy of formal pronouncement
1993-11-16 Notice of cross appeal, 10 copies, with service Y.R. Botiuk
1993-11-16 Notice of cross appeal, 10 copies, with service Y.R. Botiuk
1993-11-15 Notice of deposit of security, direction #2288, with service
1993-11-15 $500 security deposit paid, receipt no. 2288 Ihor Bardyn
1993-11-15 Notice of appeal, With service Ihor Bardyn
1993-11-15 Order granting leave to appeal
1993-10-14 Judgment of the Court on the application for leave to appeal, LaF Co Ia, The application for leave to appeal and the application for leave to cross-appeal are granted. (revised Nov. 1/93)
Granted, no order as to costs
1993-10-14 Hearing of the application for leave to appeal, 1993-10-14, LaF Co Ia
1993-10-14 All materials on application for leave submitted to the Judges, 1993-10-14, LaF Co Ia
1993-10-14 Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt (Ottawa, ON)
1993-10-14 Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON)
1993-05-10 All materials on application for leave submitted to the Judges, LaF Co I
1993-05-03 Applicant's reply to respondent's argument, 5 copies, with service Ihor Bardyn
1993-04-22 Respondent's response on the application for leave to appeal, 5 copies Y.R. Botiuk
1993-04-15 Correspondence received from, sent to Osler, Hoskin & Harcourt (Ottawa, ON) enclosing receipt for $30.00 filing fee.
1993-04-05 $30.00 filing fee, receipt no. 26873 Ihor Bardyn
1993-04-05 Application for leave to appeal, 5 copies (TO BE SENT WITH 23510 and 23519), with service, Completed on: 1993-04-05 Ihor Bardyn
 

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