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21786

Her Majesty the Queen v. Wholesale Travel Group Inc.

(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)
1992-01-02 Appeal closed
1991-11-08 Formal judgment sent to the registrar of the court of appeal and all parties, (Toronto, Ont)
1991-11-08 Copy of formal judgment being prepared, Dept. of Justice (Ottawa,ON)
1991-11-08 Copy of formal judgment being prepared, Scott & Aylen (Ottawa,ON)
1991-11-08 Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC)
1991-11-08 Copy of formal judgment being prepared, McCarthy, Tétrault (Ottawa,ON)
1991-10-24 Notice of deposit of judgment sent to all parties, Noël, Berthiaume (Hull,QC)
1991-10-24 Notice of deposit of judgment sent to all parties, McCarthy, Tétrault (Ottawa,ON)
1991-10-24 Notice of deposit of judgment sent to all parties, Dept. of Justice (Ottawa,ON)
1991-10-24 Notice of deposit of judgment sent to all parties, Scott & Aylen (Ottawa,ON)
1991-10-24 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL St Ia, The appeal of the accused, Wholesale Travel Group Inc., is dismissed. The order of the Court of Appeal remitting the case to the Provincial Court for trial is affirmed. The appeal of the Crown is allowed, Lamer C.J., La Forest, Sopinka and McLachlin JJ. dissenting in the result.
Allowed, no order as to costs
1991-02-27 General proceeding, transcripts received and distributed to the justices (176 pages)
1991-02-18 Hearing of the appeal, 1991-02-18, CJ LaF L'HD So G Co McL St Ia
Decision reserved
1991-02-18 Order on motion for leave to intervene, With service
1991-02-15 Decision on the motion for leave to intervene, to file a factum by Feb/14/91 and to present an oral argument no longer than 15 minutes, and the appellant and respondent may file a reply factum., CJ
Granted, no order as to costs
1991-02-15 Hearing of motion for leave to intervene, 1991-02-15, to file a factum by Feb/14/91 and to present an oral argument no longer than 15 minutes, and the appellant and respondent may file a reply factum., CJ
1991-02-15 Submission of motion for leave to intervene, 1991-02-15, to file a factum by Feb/14/91 and to present an oral argument no longer than 15 minutes, and the appellant and respondent may file a reply factum., CJ
1991-02-13 Intervener's factum, 21 copies Attorney General of Quebec
1991-02-12 Response to the motion for leave to intervene, of Ellis-Don Limited and Rocco Morra Wholesale Travel Group Inc.
1991-02-11 Book of authorities, (Joint - 10 copies fo vol I to IX) Wholesale Travel Group Inc.
1991-02-11 Intervener's factum, 21 copies, with service Attorney General of New Brunswick
1991-02-08 Response to the motion for leave to intervene Wholesale Travel Group Inc.
1991-02-08 Intervener's factum, 21 copies, with service Attorney General of Manitoba
1991-02-08 Service, of the motion for leave to intervene
1991-02-08 Correspondence (sent by the Court) to, from Michael R. Dambrot informing that he will appear for the Motion made by Ellis-Don.
1991-02-07 Affidavit, for leave to intervene Ellis-Don Limited
1991-02-07 Motion to extend time, for leave to intervene Ellis-Don Limited
1991-02-07 Affidavit Ellis-Don Limited
1991-02-07 Motion for leave to intervene Ellis-Don Limited
1991-02-04 Intervener's factum, (Served copy), with service Attorney General of Alberta
1991-01-30 Intervener's factum, 20 copies Attorney General of Alberta
1991-01-18 Appeal hearing scheduled, 1991-02-18
Decision reserved
1991-01-18 Intervener's factum, 21 copies, with service Attorney General for Ontario
1991-01-17 Decision on the motion for leave to intervene, (VIA TELECONFERENCING 2:00pm in Vancouver), L'HD
Dismissed, no order as to costs
1991-01-17 Hearing of motion for leave to intervene, 1991-01-17, (VIA TELECONFERENCING 2:00pm in Vancouver), L'HD
1991-01-17 Submission of motion for leave to intervene, 1991-01-17, (VIA TELECONFERENCING 2:00pm in Vancouver), L'HD
1991-01-11 Correspondence (sent by the Court) to, from James I. Minnes (RE: Motion to intervene by satelite; Appellant does not object nor consent to the intervention, therefore, will not be in attendance; Respondent contests the motion and will be present.
1991-01-11 Appellant's factum, 21 copies, with service Her Majesty the Queen
1991-01-07 Correspondence (sent by the Court) to, from Ian Binnie, re: takes no position on the application for intervention filed by Donald and John Cormie
1991-01-07 Appeal perfected for hearing, Session beginning on 1991-01-21
1990-12-14 Affidavit, 2 copies; Charles F. Willms, with service Donald M. Cormie and John M. Cormie
1990-12-14 Motion for leave to intervene, 2 copies, with service Donald M. Cormie and John M. Cormie
1990-12-04 General proceeding, 3 copies of C.A. books. Wholesale Travel Group Inc.
1990-12-03 Respondent's factum, 21 copies, with service Wholesale Travel Group Inc.
1990-11-30 Service, of case on appeal
1990-09-14 Notice of intervention respecting a constitutional question, With service Attorney General of Alberta
1990-09-13 Notice of intervention respecting a constitutional question, With service Attorney General of Saskatchewan
1990-09-12 Notice of intervention respecting a constitutional question, With service Attorney General of Manitoba
1990-09-12 Notice of intervention respecting a constitutional question Attorney General of Quebec
1990-08-30 Notice of intervention respecting a constitutional question, With service Attorney General for Ontario
1990-08-28 Notice of intervention respecting a constitutional question, With service Attorney General of New Brunswick
1990-08-28 General proceeding, 12 copies of vols. 8, 9, 10, of the C.A. excerpts of transcripts of evidence. Her Majesty the Queen
1990-08-21 Certified casebook, With service Her Majesty the Queen
1990-08-21 Case on appeal, 20 copies (JOINT CASE BOOK WITH 21779), with service Her Majesty the Queen
1990-08-16 Notice of constitutional question(s), With service Her Majesty the Queen
1990-08-13 Order issued on motion for a stay of execution
1990-08-13 Order on motion to state a constitutional question, With service
1990-07-26 Decision on the motion to state a constitutional question, (For Constitutional Questions see File or Reg's Red Bk. #7 @ p.359. Interventions by Sep/14/90., CJ
Granted, no order as to costs
1990-07-26 Hearing of the motion to state a constitutional question, 1990-07-26, (For Constitutional Questions see File or Reg's Red Bk. #7 @ p.359. Interventions by Sep/14/90., CJ
1990-07-26 Submission of motion to state a constitutional question, 1990-07-26, (For Constitutional Questions see File or Reg's Red Bk. #7 @ p.359. Interventions by Sep/14/90., CJ
1990-07-23 Motion to state a constitutional question Her Majesty the Queen
1990-05-01 Notice of appeal, With service Her Majesty the Queen
1990-04-05 $500 security deposit paid, certificate #2133 Her Majesty the Queen
1990-02-26 Judgment of the Court on the application for leave to appeal, and for a stay of execution, W LaF So Co McL
Granted, no order as to costs
1990-02-26 Hearing of the application for leave to appeal, 1990-02-26, and for a stay of execution, W LaF So Co McL
1990-02-26 All materials on application for leave submitted to the Judges, 1990-02-26, and for a stay of execution, W LaF So Co McL
1990-02-26 Close file on Leave
1990-02-26 Decision on the motion for a stay of execution, W LaF So Co McL
Granted, no order as to costs
1990-02-26 Hearing of motion for a stay of execution, 1990-02-26, W LaF So Co McL
1990-02-26 Submission of motion for a stay of execution, 1990-02-26, W LaF So Co McL
1990-01-23 $30.00 filing fee, receipt #16510 Her Majesty the Queen
1990-01-19 General proceeding, to note Court of Appeal casebooks and transcripts of evidence (5 copies) Her Majesty the Queen
1990-01-19 Motion for a stay of execution, 10 copies, with service Her Majesty the Queen
1990-01-19 Application for leave to appeal, 10 copies, with service, Completed on: 1990-01-19 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
Wholesale Travel Group Inc. Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of New Brunswick Intervener Active
Attorney General for Ontario Intervener Active
Attorney General of Quebec Intervener Active
Attorney General of Manitoba Intervener Active
Attorney General of Saskatchewan Intervener Active
Attorney General of Alberta Intervener Active
Ellis-Don Limited Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Name
Robert W. Hubbard
Contact information
Attorney General of Canada
3400 - First Canadian Place
Box 36
Toronto, Ontario
M5X 1A9
Telephone: (416) 973-0942
FAX: (416) 973-8253
Agent
Name
Robert Frater
Contact information
Attorney General of Canada, Department of Justice Canada
East Memorial Bldg, Service Centre
284 Wellington St 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca

Party: Wholesale Travel Group Inc.

Counsel
Names
W. Ian C. Binnie, Q.C.
K.C. McLoughlin
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
Angie Duncan
Contact information
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813

Party: Attorney General of New Brunswick

This party is not represented by counsel.

Party: Attorney General for Ontario

This party is not represented by counsel.

Party: Attorney General of Quebec

Agent
Name
Sylvie Roussel
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 Manitoba

This party is not represented by counsel.

Party: Attorney General of Saskatchewan

This party is not represented by counsel.

Party: Attorney General of Alberta

This party is not represented by counsel.

Party: Ellis-Don Limited

Counsel
Name
Earl A. Cherniak, Q.C.
Contact information
Lerner & Associates
80 Dufferin Avenue
P.O. Box 2335
London, Ontario
N6A 4G4
Telephone: (519) 672-4510
FAX: (519) 672-2044
Agent
Name
David W. Scott, Q.C.
Contact information
Borden Ladner Gervais LLP
1000 - 60 Queen Street
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

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

March 23, 1988
Provincial Court of Ontario

Not available

Charges dismissed

August 4, 1988
Supreme Court of Ontario

921/88

Appeal allowed - matter remitted to Provincial Court for trial

November 23, 1989
Court of Appeal for Ontario

729/88

Appeal allowed - See file

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