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Case information

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19069

Her Majesty the Queen v. Nortown Foods Ltd.

(Ontario) (Criminal) (By Leave)

Docket

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

List of proceedings
Date Proceeding Filed By
(if applicable)
1987-07-08 General proceeding, records sent to Provincial Court (Toronto, ON)
1987-06-03 General proceeding, copy of judgment sent to Bonnie Wein
1987-06-03 General proceeding, copies of judgment sent to JJ. Robinette
1987-03-20 Formal judgment sent to the registrar of the court of appeal and all parties, to W.L. Shaughnessy (Toronto, ON)
1986-12-18 Judgment on the appeal rendered, allowed without costs and the respondent is convicted; Wilson J. dissenting, CJ B McI C W LeD LaF
Allowed, without costs
1986-03-04 Hearing of the appeal, 1986-03-04, CJ B McI C W LeD LaF
Decision reserved
1986-03-04 Decision on motion to adduce new evidence, CJ B McI C W LeD LaF
Dismissed, no order as to costs
1986-03-04 Hearing of the motion to adduce new evidence, 1986-03-04, CJ B McI C W LeD LaF
1986-03-04 Submission of motion to adduce new evidence, 1986-03-04, CJ B McI C W LeD LaF
1986-03-03 Appeal court record
1986-03-03 Case on appeal Her Majesty the Queen
1986-03-03 Response to the motion to adduce new evidence, 10 copies of D. Fairgrieve in response to E020 Nortown Foods Ltd.
1986-03-03 Response to the motion to adduce new evidence, 10 copies of K. Danson in response to E020 Nortown Foods Ltd.
1986-02-26 Motion to adduce new evidence, returnable at hearing of the appeal Her Majesty the Queen
1986-02-26 Intervener's factum Attorney General of Saskatchewan
1986-02-24 Intervener's factum, 21 copies, with service Attorney General of Manitoba
1986-02-17 Book of authorities, 10 copies (index & 11 volumes) Nortown Foods Ltd.
1986-02-14 Intervener's factum, 21 copies, with service Attorney General of British Columbia
1986-02-07 Intervener's factum, 21 copies, with service Attorney General of Nova Scotia
1986-02-06 Intervener's factum, 20 copies, with service Ontario Conference Corporation of the Seventh-day Adventist Church
1986-01-28 Certified casebook Her Majesty the Queen
1986-01-27 Intervener's factum, served copy Attorney General of Alberta
1986-01-24 Intervener's factum, 38 copies Attorney General of Alberta
1986-01-23 Trial court record
1986-01-15 Appeal hearing scheduled, 1986-03-04
Decision reserved
1986-01-15 Notice of hearing Her Majesty the Queen
1986-01-15 Appeal perfected for hearing, Session beginning on 1986-01-27
1986-01-15 Order on motion to expedite the appeal
1986-01-13 Intervener's factum, 21 copies, with service Attorney General of Canada
1986-01-13 Decision on miscellaneous motion, late filing of Attorney General of Canada's factum, B
Granted, no order as to costs
1986-01-13 Hearing of miscellaneous motion, 1986-01-13, late filing of Attorney General of Canada's factum, B
1986-01-13 Submission of miscellaneous motion, 1986-01-13, late filing of Attorney General of Canada's factum, B
1986-01-10 Response to miscellaneous motion Her Majesty the Queen
1986-01-10 Notice of miscellaneous motion, for order permitting late filing of factum Attorney General of Canada
1986-01-10 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause
Granted, no order as to costs
1986-01-10 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1986-01-10
1986-01-10 Hearing of motion to expedite the appeal, 1986-01-10
1986-01-10 Submission of motion to expedite the appeal, 1986-01-10
1986-01-08 Response to motion to expedite the appeal Nortown Foods Ltd.
1986-01-08 Affidavit Her Majesty the Queen
1986-01-08 Motion to expedite the appeal, on Jan/86 list Her Majesty the Queen
1986-01-08 Order on motion to file a lengthy factum
1986-01-06 Decision on motion to file a lengthy factum, McI
Granted, no order as to costs
1986-01-06 Hearing of motion to file a lengthy factum, 1986-01-06, McI
1986-01-06 Submission of motion to file a lengthy factum, 1986-01-06, McI
1986-01-02 Response to the motion to file a lengthy factum Nortown Foods Ltd.
1986-01-02 Affidavit Her Majesty the Queen
1986-01-02 Motion to file a lengthy factum Her Majesty the Queen
1985-12-23 Intervener's factum, 10 copies Attorney General of Newfoundland
1985-12-17 Intervener's factum, 21 copies, with service Attorney General of Quebec
1985-12-17 Intervener's factum, 12 copies, with service Attorney General of Newfoundland
1985-12-16 Intervener's factum, 21 copies, with service Attorney General of New Brunswick
1985-12-02 Order on motion for leave to intervene
1985-11-28 Respondent's factum, 1 copy, with service Nortown Foods Ltd.
1985-11-27 Respondent's factum, 25 copies Nortown Foods Ltd.
1985-11-20 Decision on the motion for leave to intervene, W
Granted, no order as to costs
1985-11-20 Hearing of motion for leave to intervene, 1985-11-20, W
1985-11-20 Submission of motion for leave to intervene, 1985-11-20, W
1985-11-14 Affidavit Ontario Conference Corporation of the Seventh-day Adventist Church
1985-11-14 Motion for leave to intervene, With service Ontario Conference Corporation of the Seventh-day Adventist Church
1985-11-12 Book of authorities, 10 copies Sunday Observance Legislation Her Majesty the Queen
1985-11-12 Appellant's factum, 21 copies Her Majesty the Queen
1985-10-30 Case on appeal, 21 copies vols 1 & 2 Her Majesty the Queen
1985-10-21 Agreement as to contents of case Her Majesty the Queen
1985-09-30 Notice of intervention respecting a constitutional question Attorney General of Alberta
1985-09-30 Notice of intervention respecting a constitutional question Attorney General of Saskatchewan
1985-09-30 Notice of intervention respecting a constitutional question Attorney General of New Brunswick
1985-09-27 Notice of intervention respecting a constitutional question Attorney General of Quebec
1985-09-27 Notice of intervention respecting a constitutional question Attorney General of Newfoundland
1985-09-26 Notice of intervention respecting a constitutional question Attorney General of Manitoba
1985-09-26 Notice of intervention respecting a constitutional question Attorney General of Canada
1985-09-24 Notice of intervention respecting a constitutional question Attorney General of Nova Scotia
1985-09-23 Notice of intervention respecting a constitutional question Attorney General of British Columbia
1985-09-04 Notice of constitutional question(s), With service Her Majesty the Queen
1985-09-03 Order on motion to state a constitutional question
1985-08-29 Decision on the motion to state a constitutional question, see Reg's Red Book #6@ p. 47 interventions by 85/09/30, Her Majesty the Queen's factum by 85/11/12, Nortown Foods Ltd.'s factum by 85/12/02, and intervenor's factum by 85/12/16. appeal to be heard early January session/86, CJ
Granted, no order as to costs
1985-08-29 Hearing of the motion to state a constitutional question, 1985-08-29, see Reg's Red Book #6@ p. 47 interventions by 85/09/30, Her Majesty the Queen's factum by 85/11/12, Nortown Foods Ltd.'s factum by 85/12/02, and intervenor's factum by 85/12/16. appeal to be heard early January session/86, CJ
1985-08-29 Submission of motion to state a constitutional question, 1985-08-29, see Reg's Red Book #6@ p. 47 interventions by 85/09/30, Her Majesty the Queen's factum by 85/11/12, Nortown Foods Ltd.'s factum by 85/12/02, and intervenor's factum by 85/12/16. appeal to be heard early January session/86, CJ
1985-08-27 Motion to state a constitutional question Her Majesty the Queen
1985-06-07 Order granting leave to appeal
1985-06-07 Notice of appeal, With service Her Majesty the Queen
1985-05-09 Judgment of the Court on the application for leave to appeal, E McI W
Granted, no order as to costs
1984-12-03 Hearing of the application for leave to appeal, 1984-12-03, E McI W
Decision reserved
1984-12-03 All materials on application for leave submitted to the Judges, 1984-12-03, E McI W
Decision reserved
1984-11-19 Application for leave to appeal, 5 copies, Completed on: 1984-11-19 Her Majesty the Queen
1984-11-06 Notice of application for leave to appeal, original, with service Her Majesty the Queen
1984-11-06 Correspondence received from, dated 84/11/02 from B. Wein Her Majesty the Queen
1984-10-30 Notice of application for leave to appeal, With service Her Majesty the Queen

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

Main parties - Appellants
Name Role Status
Her Majesty the Queen Applicant Active

v.

Main parties - Respondents
Name Role Status
Nortown Foods Ltd. Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of British Columbia Intervener Active
Attorney General of Nova Scotia Intervener Active
Attorney General of Canada Intervener Active
Attorney General of Manitoba Intervener Active
Attorney General of Newfoundland Intervener Active
Attorney General of Quebec Intervener Active
Attorney General of New Brunswick Intervener Active
Attorney General of Saskatchewan Intervener Active
Attorney General of Alberta Intervener Active
Ontario Conference Corporation of the Seventh-day Adventist Church Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Name
Bonnie J. Wein
Contact information
Attorney General for Ontario
720 BAY ST
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2220
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Nortown Foods Ltd.

Counsel
Name
John J. Robinette, Q.C.
Contact information
McCarthy Tétrault
4700 TD BANK TOWER
PO BOX 48
TORONTO, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General of British Columbia

Counsel
Name
Michael Bernstein
Contact information
Attorney General for Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2302
FAX: (416) 326-4656
Agent
Name
W.G. Burke-Robertson, Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General of Nova Scotia

Counsel
Name
John J. Ashley
Contact information
Attorney General of Nova Scotia
1400 - 5251 DUKE ST
HALIFAX, Nova Scotia
B3J 1P3
Telephone: (902) 426-3260
Agent
Name
Stephen J. Grace
Contact information
Neville, Hall & Selkirk
222 Somerset St W
3rd Fl
Ottawa, Ontario
K2P 2G3
Telephone: (613) 237-7092
FAX: (613) 237-1156

Party: Attorney General of Canada

Counsel
Name
Michael C. Blanchflower
Contact information
Attorney General of Canada
3400 - FIRST CANADIAN PL
PO BOX 36
TORONTO, Ontario
M5X 1A9
Telephone: (416) 973-0942

Party: Attorney General of Manitoba

Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General of Newfoundland

Counsel
Name
Bernard Coffey
Contact information
Attorney General of Newfoundland
CONFEDERATION BLDG E
PO BOX 8700 STN A
ST JOHN'S, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-5942
FAX: (709) 729-2129
Agent
Name
W.G. Burke-Robertson, Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General of Quebec

Counsel
Name
Réal A. Forest
Contact information
Procureur général du Québec
1200 RTE DE L'ÉGLISE
5e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Agent
Name
Robert Décary, c.r.
Contact information
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Attorney General of New Brunswick

Counsel
Name
Glendon J. Abbott
Contact information
Attorney General of New Brunswick
CENTENNIAL BLDG
PO BOX 6000
FREDERICTON, New Brunswick
E3B 5H1
Telephone: (506) 453-2538
Agent
Name
W.G. Burke-Robertson, Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General of Saskatchewan

Counsel
Name
D. Murray Brown, Q.C.
Contact information
Attorney General of Saskatchewan
1874 Scarth St
PO Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-5490
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General of Alberta

Counsel
Name
Paul Bourque, Q.C.
Contact information
Attorney General of Alberta
9833 - 109TH ST NW
EDMONTON, Alberta
T5K 2E8
Telephone: (403) 427-5032
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Ontario Conference Corporation of the Seventh-day Adventist Church

Counsel
Name
David B. Thomas
Contact information
Thomas, Allore, Michael
403 - 22 KING ST W
OSHAWA, Ontario
L1H 1A3
Telephone: (416) 576-5111
Agent
Name
Charles A. Murphy
Contact information
Hewitt, Hewitt, Nesbitt & Reid
604 - 75 Albert St
Ottawa, Ontario
K1P 5E7
Telephone: (613) 563-0202
FAX: (613) 563-0445

Summary

Keywords

None.

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.

None.

Lower court rulings

August 24, 1983
Provincial Court of Ontario

not available

convictions under the Retail Business Holidays Act
October 31, 1983
County Court of Ontario

not available

appeal dismissed
September 19, 1984
Court of Appeal for Ontario

966/83

appeal allowed

Filed documents

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 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 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

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

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

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Webcasts

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Date modified: 2025-05-13