Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
21763
K. M. v. H. M.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1994-07-13 | Appeal closed | |
| 1993-07-06 | Copy of formal judgment being prepared, Nelligan, Power (Ottawa, ON) | |
| 1993-07-06 | Copy of formal judgment being prepared, Scott & Aylen (Ottawa, ON) | |
| 1993-07-05 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1993-04-29 | Decision on the motion for a re-hearing of the appeal | |
| 1993-03-11 | Response to the motion for a re-hearing of the appeal, on the issue of costs; 10 copies sent to LaF L'HD So G Co McL I, March 11, 1993, with service | H. M. |
| 1993-03-11 | All material on motion for a re-hearing of the appeal submitted to Justices | |
| 1993-03-09 | Correspondence (sent by the Court) to, (by fax) from Nicole Tellier; re: the issue of costs is between appellant and respondent. LEAF will not make any submissions sent to LaF L'HD So G Co McL I March 10, 1993 | |
| 1993-03-08 | Correspondence (sent by the Court) to, from Murray McGee; re: request permission to file a factum on March 12/93 | |
| 1993-03-01 | Motion for a re-hearing of the appeal, 10 copies with 10 sealed envelopes (distributed to Justices LaF L'HD So G Co McL I, 1993-03-04), with service | K. M. |
| 1993-02-16 | Correspondence (sent by the Court) to, from Mollison, McCormick, McIntyre & Mcgee; re: would like to be advise of any date for the motion of costs | |
| 1993-02-16 | Correspondence (sent by the Court) to, Sent to Mossip, Tellier (Mississauga, ON) re: The Court is ready to deal with the issue of costs on the basis of written submissions only. | |
| 1993-02-16 | Correspondence (sent by the Court) to, Sent to Mr. James W.W. Neeb, Q.C. (Kitchener, ON) re: The Court is ready to deal with the issue of costs on the basis of written submissions only. | |
| 1993-02-16 | Correspondence (sent by the Court) to, Sent to Mollison McCormick, McIntyre, McGee (Kitchener, ON) re: The Court is ready to deal with the issue of costs on the basis of written submissions only | |
| 1993-02-04 | Decision on the motion for a re-hearing of the appeal, The application for la re-hearing on the issue of costs in this Court and in the courts below, including the issue whether costs are to be awarded on a party and party or a solicitor client basis is granted. | |
| 1993-01-07 | All material on motion for a re-hearing of the appeal submitted to Justices | |
| 1993-01-05 | Motion for a re-hearing of the appeal, on the issue of COSTS, 10 copies (see motion filed on 1992/11/26 by fax) (distributed to Justices LaF, L'HD, So, G, Co, McL I, Jan 07, 93), with service | K. M. |
| 1992-11-26 | Motion for a re-hearing of the appeal, On The Issue of COSTS (1 copy filed by fax; 10 copies in bookform requested), with service | K. M. |
| 1992-11-18 | Copy of formal judgment being prepared, Mossip, Tellier (Mississauga,ON) | |
| 1992-11-18 | Copy of formal judgment being prepared, Scott & Aylen (Ottawa,ON) | |
| 1992-11-18 | Copy of formal judgment being prepared, Honeywell, Wotherspoon (Ottawa,ON) | |
| 1992-11-18 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1992-10-29 | Notice of deposit of judgment sent to all parties, Mossip, Tellier (Mississauga,ON) | |
| 1992-10-29 | Notice of deposit of judgment sent to all parties, Honeywell, Wotherspoon (Ottawa,ON) | |
| 1992-10-29 | Notice of deposit of judgment sent to all parties, Scott & Aylen (Ottawa,ON) | |
| 1992-10-29 |
Judgment on the appeal rendered, LaF L'HD So G Co McL Ia, The appeal is allowed, the judgment of the trial judge is set asid and it is ordered that judgment be entered in favour of the appellant in the amount of $50,000. Allowed, no order as to costs |
|
| 1991-12-04 | General proceeding, transcripts received and distributed to the justices (105 pages) | |
| 1991-11-08 |
Hearing of the appeal, 1991-11-08, LaF L'HD So G Co McL Ia Decision reserved |
|
| 1991-11-08 | Book of authorities, SUPPLEMENTARY JOINT 10 copies | K. M. |
| 1991-11-07 | Correspondence (sent by the Court) to, of Nicole Tellier re correction in factum: paragraph 91 on page 28; the correct page referenc e is 143 | |
| 1991-11-06 | Book of authorities, 10 copies of SUPPLEMENTARY joint book | K. M. |
| 1991-11-06 | Correspondence (sent by the Court) to, (original) of Murray McGee advising that he is hearing impaired and he will be wearing hearing aids | |
| 1991-11-06 | Correspondence (sent by the Court) to, (original) of Murray McGee advising of an error on page 56 of respondent's factum | |
| 1991-11-04 | Correspondence (sent by the Court) to, (by fax) of Murray McGee advising of an error on page 56 line 10 of respondent's factum | |
| 1991-11-04 | Correspondence (sent by the Court) to, (by fax) of Murray McGee advising that he is hearing impaired and he will be wearing hearing aids | |
| 1991-11-01 | Book of authorities, 10 copies of vols.1 to 7 | K. M. |
| 1991-10-29 | Service, (original) of factum | |
| 1991-10-28 | Intervener's factum, 21 copies, with service | Women's Legal Education and Action Fund |
| 1991-10-21 | Respondent's factum, 21 copies, with service | H. M. |
| 1991-10-10 | General proceeding, 2 copies of memorandum on motion for directions, with service | Women's Legal Education and Action Fund |
| 1991-10-10 |
Decision on motion for directions, Ia, Upon hearing the partis and LEAF, I dispose of the application as follows: a) the matter of the appellant expanding the grounds of her appeal by including an argument based on fraudulent concealment of a cause of action will be dealt with by the panel of the Court hearing the appeal. b) the respondent shall serve and file his factum on or before Oct\21\1991 and LEAF shall serve and file its factum on or before Oct\28\1991. c) in view of the issues arising in this appeal, the respondent's factum shall not exceed 65 pages in lenght and LEAF's factum shall not exceed 30 pages in lenght. Granted, no order as to costs |
|
| 1991-10-10 | Hearing of motion for directions, 1991-10-10, Ia | |
| 1991-10-10 | Submission of motion for directions, 1991-10-10, Ia | |
| 1991-10-09 | General proceeding, 2 copies of Appellant's Reply (book form) on the Motion for Directions, with service | K. M. |
| 1991-10-03 | Appeal hearing | |
| 1991-10-03 | Appeal removed from the list | |
| 1991-10-02 |
Appeal hearing scheduled, 1991-11-08 Decision reserved |
|
| 1991-10-02 | Affidavit, 2 copies (book form), with service | H. M. |
| 1991-10-02 | Motion for directions, a) the right of the appellant to expand the grounds of her appeal without leave to appeal by incorporating an argument based on fraudulent concealment of a cause of action. b) the extension of time to file the respondent's factu. c) the approval of the fi | H. M. |
| 1991-10-02 | Correspondence (sent by the Court) to, from Nicole Tellier; re: consents that the matter bew adjourned to Oct. 10\91 | |
| 1991-09-13 | Correspondence (sent by the Court) to, of Murray McGee (Mollison McCormick) sent to Elizabeth J. McIntyre requiring her factum for Sept. 17, 1991 (L.E.A.F. factum). He also objects to scholarly articles included in appellant's factum and wants to bring a motion to expunge this material. | |
| 1991-08-19 | Notice of change of counsel, to ADD Mossip, Tellier (Nicole Tellier) as sollicitors only along with the firm of Cavalluzzo Hayes & Shilton, with service | Women's Legal Education and Action Fund |
| 1991-08-13 | Appeal perfected for hearing, Session beginning on 1991-10-01, 2 copies | |
| 1991-08-13 | Appellant's factum, 21 copies, with service | K. M. |
| 1991-07-24 | Certified casebook, vol. 1 to 6, with service | K. M. |
| 1991-07-24 | Case on appeal, 20 copies of vol. 1 to 6 | K. M. |
| 1991-05-01 | Order granting leave to appeal, With service | |
| 1991-02-15 | Order on motion for leave to intervene, With service | |
| 1991-02-14 |
Decision on the motion for leave to intervene, " Oral argument not to exceed 20 minutes." (for reasons see file), So Granted, no order as to costs |
|
| 1991-02-14 | Hearing of motion for leave to intervene, 1991-02-14, " Oral argument not to exceed 20 minutes." (for reasons see file), So | |
| 1991-02-14 | Submission of motion for leave to intervene, 1991-02-14, " Oral argument not to exceed 20 minutes." (for reasons see file), So | |
| 1991-02-14 |
Hearing of motion for leave to intervene, 1991-02-14, and present oral argument of 20 minutes. Decision reserved |
|
| 1991-02-14 |
Submission of motion for leave to intervene, 1991-02-14, and present oral argument of 20 minutes. Decision reserved |
|
| 1991-02-13 | Response to the motion for leave to intervene, (by fax) | K. M. |
| 1991-02-13 | General proceeding, *****ENTERED IN ERROR***** | K. M. |
| 1991-02-12 | Service, of the notice of objection for leave to intervene by L.E.A.F. | |
| 1991-02-12 | General proceeding, 2 copies of Respondent's arguments on leave to intervene by L.E.A.F. | H. M. |
| 1991-02-12 | Affidavit, of Wayne McCormick re objection for leave to intervene by L.E.A.F., with service | H. M. |
| 1991-02-11 | Correspondence (sent by the Court) to, from Murray E. McGee objecting leave to intervene by L.E.A.F. | |
| 1991-01-14 | Affidavit, 2 copies; Christine Jefferson, with service | Women's Legal Education and Action Fund |
| 1991-01-14 | Motion for leave to intervene, 2 copies, with service | Women's Legal Education and Action Fund |
| 1990-12-14 | $500 security deposit paid, rec.#2173 | K. M. |
| 1990-12-14 | Notice of appeal, With service | K. M. |
| 1990-11-15 | Close file on Leave | |
| 1990-11-15 | Notice of deposit of judgment issued to all parties, Mollison, McCormick, McIntyre, McGee (Kitchener,ON) | |
| 1990-11-15 | Notice of deposit of judgment issued to all parties, James W.W. Neeb, Q.C. (Kitchener,ON) | |
| 1990-11-15 |
Judgment of the Court on the application for leave to appeal, W So McL, The application for leave to appeal is granted, costs in the cause. Granted, with costs in the cause |
|
| 1990-11-15 | Hearing of the application for leave to appeal, 1990-11-15, W So McL | |
| 1990-11-15 | All materials on application for leave submitted to the Judges, 1990-11-15, W So McL | |
| 1990-05-07 | All materials on application for leave submitted to the Judges, W So McL | |
| 1990-01-12 | Book of authorities, 5 copies | K. M. |
| 1990-01-12 | $30.00 filing fee, receipt #21763 | K. M. |
| 1990-01-12 | Application for leave to appeal, 5 copies, part 1 and 2, with service, Completed on: 1990-01-12 | K. M. |
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 |
|---|---|---|
| M., K. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| M., H. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Women's Legal Education and Action Fund | Intervener | Active |
Counsel
Party: M., K.
Counsel
Shelly J. Harper
PO BOX 2368 STN B
KITCHENER, Ontario
N2H 6M2
Telephone: (519) 578-4400
Agent
707 - 141 Laurier Ave W
Ottawa, Ontario
K1P 5J3
Telephone: (613) 594-8780
FAX: (613) 238-1323
Party: M., H.
Counsel
71 WEBER ST E
KITCHENER, Ontario
N2H 6L2
Telephone: (519) 579-1040
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Women's Legal Education and Action Fund
Counsel
Elizabeth McIntyre
Toronto, Ontario
M5S 1G6
Telephone: (416) 926-9669
FAX: (416) 926-9079
Email: ntellier@interlog.com
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Summary
Keywords
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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
Supreme Court of Ontario
264/85
Action dismissed
Court of Appeal for Ontario
130/88
Appeal dismissed
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
Related links
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
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