Case information
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40471
Glenn Bogue v. Andrew Clifford Miracle c.o.b. as Smokin' Joes
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
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
v.
Counsel
Party: Bogue, Glenn
Counsel
Suite 301
Richmond Hill, Ontario
L4B 3N9
Telephone: (416) 726-2099
Email: greg.roberts@roblaw.ca
Party: Andrew Clifford Miracle c.o.b. as Smokin' Joes
Counsel
Suite 1806
Toronto, Ontario
M4Y 1R7
Telephone: (416) 816-9455
Email: iancollins@rogers.com
Summary
Keywords
Charter of Rights — Right to equality — Judgments and orders — Reasons — Whether s. 89 of the Indian Act unjustifiably infringes the equality rights of non-status Indians and Métis — Whether s. 89 of the Indian Act unjustifiably infringes the equality rights of Indians holding property situated on a reserve —Whether the Court of Appeal provided sufficient reasons for holding that the respondent did not waive his rights under s. 89 of the Indian Act — Indian Act, R.S.C. 1985, c. I-5, s. 89.
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.
The applicant provided legal services to the respondent. The respondent has not paid his legal fees in full. The applicant maintains a solicitor’s lien over some of the respondent’s property that he seeks to enforce through the appointment of a receiver-manager. The respondent’s property includes, among other things, a business situated on a reserve.
The application judge first appointed a receiver-manager for all of the respondent’s property. The Court of Appeal remitted the matter to the application judge to consider whether s. 89 of the Indian Act prevents the appointment of a receiver-manager over the respondent’s on-reserve property.
The application judge held that s. 89 does not protect on-reserve property where that property originates, as it does in this case, from normal business transactions conducted in the commercial mainstream.
The Court of Appeal held that there is no exception to s. 89 for property originating from normal business transactions in the commercial mainstream. The respondent did not waive his rights under s. 89 as against the applicant. The Court of Appeal therefore allowed the appeal and held that the receivership and management order would not apply to the respondent’s on-reserve property.
Lower court rulings
Ontario Superior Court of Justice
Order appointing receiver-manager over respondent’s property granted.
Court of Appeal for Ontario
2021ONCA 278, C68596
Matter remitted to application judge to consider application of s. 89 of Indian Act.
Ontario Superior Court of Justice
CV-19-00077-00
Order appointing receiver-manager confirmed after consideration of s. 89 of Indian Act.
Court of Appeal for Ontario
2022 ONCA 672, C70061
Appeal allowed in relation to respondent’s on-reserve property.
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
Related links
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-06-21 | Close file on Leave | |
| 2023-05-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-05-25 | Judgment on leave sent to the parties | |
| 2023-05-25 |
Judgment of the Court on the application for leave to appeal, The respondent’s motion for the payment of costs is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C70061, 2022 ONCA 672, dated September 29, 2022, is dismissed. Dismissed |
|
| 2023-05-25 |
Decision on the miscellaneous motion, See decision on judgment Dismissed |
|
| 2023-04-12 | Certificate (on limitations to public access) | Andrew Clifford Miracle c.o.b. as Smokin' Joes |
| 2023-04-11 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-04-11 | Submission of miscellaneous motion, for consideration by the Court | |
| 2023-01-03 | Notice of miscellaneous motion, (Book Form), Completed on: 2023-05-01, (Printed version due on 2023-01-10) | Andrew Clifford Miracle c.o.b. as Smokin' Joes |
| 2023-01-03 |
Respondent's response on the application for leave to appeal, (Book Form), Required: 23A, Completed on: 2023-05-01, (Printed version due on 2023-01-10) |
Andrew Clifford Miracle c.o.b. as Smokin' Joes |
| 2022-12-02 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2022-12-02 | |
| 2022-11-29 | Notice of miscellaneous motion, (Book Form), Motion pursuant to UNDRIP, Completed on: 2023-02-06, (Printed version due on 2022-12-06) | Glenn Bogue |
| 2022-11-28 | Book of authorities, (Book Form), Completed on: 2022-12-02 | Glenn Bogue |
| 2022-11-28 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-12-05) | Glenn Bogue |
| 2022-11-28 |
Application for leave to appeal, (Book Form), Required: CA Order (Court Order Form rec'd Estimate as to when court order will be filed 2022-12-31 , Completed on: 2023-05-01, (Printed version filed on 2022-12-01) |
Glenn Bogue |
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 |
|---|---|---|
| Bogue, Glenn | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Andrew Clifford Miracle c.o.b. as Smokin' Joes | Respondent | Active |
Counsel
Party: Bogue, Glenn
Counsel
Suite 301
Richmond Hill, Ontario
L4B 3N9
Telephone: (416) 726-2099
Email: greg.roberts@roblaw.ca
Party: Andrew Clifford Miracle c.o.b. as Smokin' Joes
Counsel
Suite 1806
Toronto, Ontario
M4Y 1R7
Telephone: (416) 816-9455
Email: iancollins@rogers.com
Summary
Keywords
Charter of Rights — Right to equality — Judgments and orders — Reasons — Whether s. 89 of the Indian Act unjustifiably infringes the equality rights of non-status Indians and Métis — Whether s. 89 of the Indian Act unjustifiably infringes the equality rights of Indians holding property situated on a reserve —Whether the Court of Appeal provided sufficient reasons for holding that the respondent did not waive his rights under s. 89 of the Indian Act — Indian Act, R.S.C. 1985, c. I-5, s. 89.
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.
The applicant provided legal services to the respondent. The respondent has not paid his legal fees in full. The applicant maintains a solicitor’s lien over some of the respondent’s property that he seeks to enforce through the appointment of a receiver-manager. The respondent’s property includes, among other things, a business situated on a reserve.
The application judge first appointed a receiver-manager for all of the respondent’s property. The Court of Appeal remitted the matter to the application judge to consider whether s. 89 of the Indian Act prevents the appointment of a receiver-manager over the respondent’s on-reserve property.
The application judge held that s. 89 does not protect on-reserve property where that property originates, as it does in this case, from normal business transactions conducted in the commercial mainstream.
The Court of Appeal held that there is no exception to s. 89 for property originating from normal business transactions in the commercial mainstream. The respondent did not waive his rights under s. 89 as against the applicant. The Court of Appeal therefore allowed the appeal and held that the receivership and management order would not apply to the respondent’s on-reserve property.
Lower court rulings
Ontario Superior Court of Justice
Order appointing receiver-manager over respondent’s property granted.
Court of Appeal for Ontario
2021ONCA 278, C68596
Matter remitted to application judge to consider application of s. 89 of Indian Act.
Ontario Superior Court of Justice
CV-19-00077-00
Order appointing receiver-manager confirmed after consideration of s. 89 of Indian Act.
Court of Appeal for Ontario
2022 ONCA 672, C70061
Appeal allowed in relation to respondent’s on-reserve property.
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