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20232

Her Majesty the Queen v. Amway Corporation

(Federal) (Civil) (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)
1989-03-14 Correspondence (sent by the Court) to, returning court record.
1989-03-01 Correspondence (sent by the Court) to, copy of formal judgment sent to Blake, Cassels & Graydon (Tor., Ont.)
1989-02-28 Formal judgment sent to the registrar of the court of appeal and all parties, of F.C.A., Ott., Ont.)
1989-01-20 Notice of deposit of judgment sent to all parties, R. Décary, c.r. (Hull, QC)
1989-01-20 Notice of deposit of judgment sent to all parties, Soloway, Wright (Ott., Ont.)
1989-01-20 Notice of deposit of judgment sent to all parties, Gowling & Henderson (Ott., Ont.)
1989-01-20 Notice of deposit of judgment sent to all parties, E. Sojonky, Q.C. (Ott., Ont.)
1989-01-19 Judgment on the appeal rendered, CJ McI La W LaF L'HD So, The appeal is allowed, the judgment of the Federal Court of Appeal is set aside and the order of the trial judge is restored. In the absence of agreement between the parties, the matter is remitted to the trial judge to fix the place of examination in accordance with Rule 465(12). The appellant is awarded costs of the appeal to the Federal Court of Appeal and to this Court.
Allowed, with costs
1988-10-06 General proceeding, to note original plus 7 copies of transcript recieved and given to judges
1988-10-05 Hearing of the appeal, 1988-10-05, CJ McI La W LaF L'HD So
Decision reserved
1988-10-05 Appeal hearing scheduled, 1988-10-05
Decision reserved
1988-10-05 Book of authorities, (supplementary) 8 copies Her Majesty the Queen
1988-10-03 Decision on miscellaneous motion, to accept intervenor's factum (A.G. Ontario), McI
Granted, no order as to costs
1988-10-03 Hearing of miscellaneous motion, 1988-10-03, to accept intervenor's factum (A.G. Ontario), McI
1988-10-03 Submission of miscellaneous motion, 1988-10-03, to accept intervenor's factum (A.G. Ontario), McI
1988-09-30 Book of authorities, 13 copies Attorney General for Ontario
1988-09-30 Intervener's factum, 23 copies Attorney General for Ontario
1988-09-30 Response to miscellaneous motion, to accept late filing of factum Her Majesty the Queen
1988-09-30 Response to miscellaneous motion, to accept late filing of factum Amway Corporation
1988-09-30 Affidavit, to accept late filing of factum (of Robert E. Houston) Attorney General for Ontario
1988-09-30 Notice of miscellaneous motion, to accept late filing of factum Attorney General for Ontario
1988-09-16 Book of authorities, vols. 1,2,3, 10 copies Amway Corporation
1988-09-09 Book of authorities, vols. 1,2,3, 10 copies Her Majesty the Queen
1988-07-25 Notice of intervention respecting a constitutional question, With service Attorney General for Ontario
1988-07-21 Respondent's factum, 21 copies, with service Amway Corporation
1988-07-21 Notice of change of counsel, to the firm Blake, Cassels & Graydon in care of Neil Finkelstein (1-416-863-3050), with service Amway Corporation
1988-06-22 Notice of constitutional question(s), With service Her Majesty the Queen
1988-06-22 Case on appeal, With service Her Majesty the Queen
1988-06-22 Appellant's factum, served copy Her Majesty the Queen
1988-06-22 Appellant's factum, 22 copies, with service Her Majesty the Queen
1988-06-21 Order on motion to state a constitutional question
1988-06-16 Decision on the motion to state a constitutional question, with extension of time (For Constitutional questions see file or Reg's Red Book #7, p.44. Interventions by July 25, Appellant's factum by June 22, Respondent's factum by July 22, and Intervenor's factum by September 2), CJ
Granted, no order as to costs
1988-06-16 Hearing of the motion to state a constitutional question, 1988-06-16, with extension of time (For Constitutional questions see file or Reg's Red Book #7, p.44. Interventions by July 25, Appellant's factum by June 22, Respondent's factum by July 22, and Intervenor's factum by September 2), CJ
1988-06-16 Submission of motion to state a constitutional question, 1988-06-16, with extension of time (For Constitutional questions see file or Reg's Red Book #7, p.44. Interventions by July 25, Appellant's factum by June 22, Respondent's factum by July 22, and Intervenor's factum by September 2), CJ
1988-06-15 Hearing of the motion to state a constitutional question, 1988-06-15, with extension of time
Decision reserved
1988-06-15 Submission of motion to state a constitutional question, 1988-06-15, with extension of time
Decision reserved
1988-06-10 Motion to state a constitutional question Her Majesty the Queen
1988-06-09 Case on appeal, 22 copies issued to Dept. of Justice for correctio ns
1988-04-26 Order on motion to expedite the appeal
1988-04-20 Appeal court record
1988-04-20 Certified casebook Her Majesty the Queen
1988-04-14 Case on appeal, 21 copies Her Majesty the Queen
1988-04-11 Appeal perfected for hearing, Session beginning on 1988-04-25
1988-04-11 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (the appeal will take one day & will be heard Oct 5/88; Case to be filed by May 15, Appellant's factum by June 15, and Respondent's factum by July 15)
Granted, no order as to costs
1988-04-11 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1988-04-11, (the appeal will take one day & will be heard Oct 5/88; Case to be filed by May 15, Appellant's factum by June 15, and Respondent's factum by July 15)
1988-04-11 Hearing of motion to expedite the appeal, 1988-04-11, (the appeal will take one day & will be heard Oct 5/88; Case to be filed by May 15, Appellant's factum by June 15, and Respondent's factum by July 15)
1988-04-11 Submission of motion to expedite the appeal, 1988-04-11, (the appeal will take one day & will be heard Oct 5/88; Case to be filed by May 15, Appellant's factum by June 15, and Respondent's factum by July 15)
1988-03-22 Order granting leave to appeal
1988-02-15 Affidavit, With service Amway Corporation
1988-02-15 Motion to expedite the appeal, With service Amway Corporation
1987-07-31 Correspondence received from, sent to R. Biljan informing of judgment
1987-07-13 Notice of appeal, With service Her Majesty the Queen
1987-06-25 Judgment of the Court on the application for leave to appeal, La W LeD
Granted, with costs in the cause
1987-03-23 Hearing of the application for leave to appeal, 1987-03-23, La W LeD
Decision reserved
1987-03-23 All materials on application for leave submitted to the Judges, 1987-03-23, La W LeD
Decision reserved
1987-03-13 General proceeding, to note 5 copies of Cutoms Act & Chapter 1 Her Majesty the Queen
1987-03-13 Respondent's response on the application for leave to appeal, 5 copies, with service Amway Corporation
1987-02-20 Order on miscellaneous motion
1987-01-15 Decision on the miscellaneous motion, CJ
Traversed, no order as to costs
1987-01-15 Decision on the miscellaneous motion, CJ
1987-01-15 Hearing of miscellaneous motion, 1987-01-15, CJ
Decision reserved
1987-01-15 Submission of miscellaneous motion, 1987-01-15, CJ
Decision reserved
1987-01-14 Application for leave to appeal, 5 copies, with service, Completed on: 1987-01-14 Her Majesty the Queen
1987-01-13 Affidavit, permitting the motion for leave to be heard Jan 26/87 (of M. Ciavaglia), with service Her Majesty the Queen
1987-01-13 Notice of miscellaneous motion, permitting the motion for leave to be heard 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
Amway Corporation Respondent Active

Other parties

Other parties
Name Role Status
Attorney General for Ontario Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Name
Edward R. Sojonky, Q.C.
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4871

Party: Amway Corporation

Counsel
Name
Marc Noël, c.r.
Contact information
Verchère Noël & Eddy
1600 - 1 PL VILLE-MARIE
MONTRÉAL, Quebec
H3B 2B6
Telephone: (514) 871-1200
Agent
Name
Guy Dupont
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 for Ontario

This party is not represented by counsel.

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

June 6, 1986
Federal Court of Canada, Trial Division

00000000000000000000

See file

December 18, 1986
Federal Court of Appeal

A-356-86

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

Not available

Webcasts

Not available.

Date modified: 2025-05-13