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21937

Patrick Francis Ward v. Attorney General of Canada

(Federal) (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.

Other parties

Counsel

Party: Ward, Patrick Francis

Counsel
Peter Rekai
Christina Kurata
Rekai & Johnson
604 - 130 BLOOR ST W
TORONTO, Ontario
M5S 1N5
Telephone: (416) 960-8876
Agent
Gil D. Rumstein
Gold Gulliver Pope Fine & Hoyt
610-11 Holland Ave
Ottawa, Ontario
K1Y 4S1
Telephone: (613) 722-1500
FAX: (613) 722-7677

Party: Attorney General of Canada

Counsel
Edward R. Sojonky, Q.C.
Attorney General of Canada
284 Wellington Street
East Memorial Building
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4871
FAX: (613) 954-1920
Agent
Edward R. Sojondy, Q.C.
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

Party: United Nations High Commissioner for Refugees

Counsel
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Immigration and Refugee Board

Counsel
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Canadian Council for Refugees

Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

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

December 2, 1988
Federal Administrative Tribunals of Ontario

Not available

Applicant found to be a convention refugee

March 5, 1990
Federal Court of Appeal

Not available

Application to review and set aside decision of Board allowed (See file)

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

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

Webcasts

Not available.

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)
1994-07-18 Appeal closed
1993-08-23 Correspondence (sent by the Court) to, sent to Federal Court of Canada Annex (Ottawa, ON) enclosing their record
1993-07-20 Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. (Ottawa, Ontario)
1993-07-20 Copy of formal judgment being prepared, The Deputy Attorney General of Canada (Ottawa, ON)
1993-07-20 Copy of formal judgment being prepared, Gold Gulliver Pope Fine & Hoyt (Ottawa, ON)
1993-07-20 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1993-07-02 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, OM)
1993-07-02 Notice of deposit of judgment sent to all parties, Gold Gulliver Pope Fine & Hoyt (Ottawa, ON)
1993-07-02 Notice of deposit of judgment sent to all parties, The Deputy Attorney General of Canada (Ottawa, ON)
1993-06-30 Judgment on the appeal rendered, LaF L'HD G St Ia, The appeal is allowed, the order of the Federal Court of Canada is set aside and the case is remitted back to the Immigration and Refugee Board for an evaluation consistent with these reasons of the appellant's claim with reference to his second state of citizenship, Great Britain.
Allowed, no order as to costs
1993-05-19 Correspondence (sent by the Court) to, (by fax) from Peter Rekai; re: no objection to a decision being rendered by four justices
1993-05-18 Correspondence (sent by the Court) to, from Edward R. Sokonky, Q.C.; re has no objection to the decision being rendered by four justices
1992-04-21 General proceeding, transcripts received and distributed to the justices (107 pages)
1992-03-25 Hearing of the appeal, 1992-03-25, LaF L'HD G St Ia
Decision reserved
1992-03-23 General proceeding, 10 copies of HANDBOOK...REFUGEE STATUS Patrick Francis Ward
1992-03-20 General proceeding, to note copy of page 63 to be added to the Appendix to the Responsent's factum distributed to the Justices. Also attached is a list of corrections to the Respondent's factum.
1992-03-19 General proceeding, page 63 to the Appendix factum to be added Attorney General of Canada
1992-03-19 General proceeding, proposed schedule for the hearing Attorney General of Canada
1992-03-19 Book of authorities, 10 copies of vols. 1 to 3 United Nations High Commissioner for Refugees
1992-03-17 Correspondence (sent by the Court) to, (by fax) from Peter A. Rekai; re: him and M. Christina F. Kurata and Levern L. Robertson will be appearing for the appellant; Roslyn J. Levine and Nanette Rosen will be appearing for Deputy Attorney General of Canada
1992-03-13 General proceeding, to note amended Appellant's factum distributed to the Justices
1992-03-12 Appellant's factum, 24 copies AMENDED, with service Patrick Francis Ward
1992-03-11 Book of authorities, 10 copies of vos. 1 to 3, with service Patrick Francis Ward
1992-03-02 Respondent's factum, 24 copies, with service Attorney General of Canada
1992-02-21 Intervener's factum, (served copy), with service Immigration and Refugee Board
1992-02-19 Intervener's factum, 21 copies, with service Immigration and Refugee Board
1992-02-05 Order on miscellaneous motion, to file the case on appeal in its present form., with service
1992-01-30 Decision on miscellaneous motion, for an order accepting the case on appeal in its present form;, Reg
Granted, no order as to costs
1992-01-30 Hearing of miscellaneous motion, 1992-01-30, for an order accepting the case on appeal in its present form;, Reg
1992-01-30 Submission of miscellaneous motion, 1992-01-30, for an order accepting the case on appeal in its present form;, Reg
1992-01-30 Correspondence (sent by the Court) to, sent to Deputy Attorney General of Canada; re: list of appeals inscribed for hearing by this Court during the January 1992 session and the Court's agenda for the session.
1992-01-30 Correspondence (sent by the Court) to, sent to Gold Gulliver Pope Fine & Hoyt; re: list of appeals inscribed for hearing by this Court during the January 1992 session and the Court's agenda for the session.
1992-01-29 Service, of intervener's factum
1992-01-28 Intervener's factum, 20 copies United Nations High Commissioner for Refugees
1992-01-24 Correspondence (sent by the Court) to, (by fax) of Roslyn J. Levine to confirm that she takes no position (neither consent to nor oppose) the motion to accept the Case in its present format
1992-01-24 Affidavit, to accept the Case on Appeal in its present form (2 copies) Patrick Francis Ward
1992-01-24 Notice of miscellaneous motion, to accept the Case on Appeal in its present form (2 copies) Patrick Francis Ward
1992-01-23 Appeal hearing scheduled, 1992-03-25
Decision reserved
1992-01-21 Service, copy of the case on appeal vol. I to III
1992-01-21 Service, copy of appellant's factum
1992-01-17 Case on appeal, 23 copies of vol. III (returned for correction and returned from on Jan. 21, 1992) Patrick Francis Ward
1992-01-14 Intervener's factum, 21 copies, with service Canadian Council for Refugees
1992-01-14 Appeal court record, (accordeon)
1992-01-14 Certified casebook, vols. 1 to 3 Patrick Francis Ward
1992-01-09 Appeal perfected for hearing, Session beginning on 1992-01-27
1991-11-22 Case on appeal, (MOTION TO ACCEPT IN ITS PRESENT FORM NECESSARY) 20 copies of vol. I & II Patrick Francis Ward
1991-11-07 Appellant's factum, 24 copies (returned for correction today and returned from correction Jan. 17, 1992), with service Patrick Francis Ward
1991-04-08 Order on motion for leave to intervene, With service
1991-03-25 Order on motion for leave to intervene, With service
1991-03-21 Order on motion for leave to intervene, With service
1991-03-12 Decision on the motion for leave to intervene, Co, " Order may go granting leave to intervene to the applicant in this case. The intervention cannot deal with the correctness of the Board's decision. However, in light of the Board's experience, reaserch facility and very heavy case load it does need clear guidance and can as well supply usefull information to this Court. The intervention will be limited to submissions as to the appropriate definition of " convention refugee" and as to the nature of the requirement, if any, of state complicity or involvement in the persicution feared by the claimant. The intervenors breif will be limited to 20 pages. The oral submitted limited to 5 minutes which time may be extended to 10 minutes if the Court hearing the appeal wishes to pose questions as to the Board's position."
Granted, no order as to costs
1991-03-12 Hearing of motion for leave to intervene, 1991-03-12, Co
1991-03-12 Submission of motion for leave to intervene, 1991-03-12, Co
1991-03-11 Correspondence (sent by the Court) to, from J. de Pencier; re: neither opposes nor supports the applications to intervene of the Canadian Council for Refugees and the United Nations High Commissioner for Refugees. However, the Respondent does oppose the application to intervene by the Immigra
1991-03-11 Decision on the motion for leave to intervene, and to file a factum only,, Co
Granted, no order as to costs
1991-03-11 Hearing of motion for leave to intervene, 1991-03-11, and to file a factum only,, Co
1991-03-11 Submission of motion for leave to intervene, 1991-03-11, and to file a factum only,, Co
1991-03-11 Decision on the motion for leave to intervene, to file a factum and to make oral argument of 10 minutes,, Co
Granted, no order as to costs
1991-03-11 Hearing of motion for leave to intervene, 1991-03-11, to file a factum and to make oral argument of 10 minutes,, Co
1991-03-11 Submission of motion for leave to intervene, 1991-03-11, to file a factum and to make oral argument of 10 minutes,, Co
1991-03-08 Order granting leave to appeal, With service
1991-03-07 Response to the motion for leave to intervene, by U.N. High Commissionner for Refugees Patrick Francis Ward
1991-02-27 Affidavit, D. Chefeke United Nations High Commissioner for Refugees
1991-02-14 Motion for leave to intervene, With service United Nations High Commissioner for Refugees
1991-02-14 Response to the motion for leave to intervene, of Canadian Council for Refugees; 2 copies Patrick Francis Ward
1991-02-14 Affidavit, 2 copies; Nancy Nicholls Canadian Council for Refugees
1991-02-14 Motion for leave to intervene, 2 copies Canadian Council for Refugees
1991-01-15 General proceeding, ORDER of F.C.A extending the time to Jan. 15,to file the notice of appeal Patrick Francis Ward
1991-01-07 Affidavit, R.G.L. Fairweather, with service Immigration and Refugee Board
1991-01-07 Motion for leave to intervene, With service Immigration and Refugee Board
1991-01-04 Affidavit, Eduard J. Van Bemmel, with service United Nations High Commissioner for Refugees
1991-01-04 Motion to extend time, to apply for leave to intervene, with service United Nations High Commissioner for Refugees
1990-12-07 Notice of appeal, With service Patrick Francis Ward
1990-11-08 Close file on Leave
1990-11-08 Notice of deposit of judgment issued to all parties, E.R. Sojonky, Q.C., C/O Dept. of Justice (Ott,ON)
1990-11-08 Notice of deposit of judgment issued to all parties, Rekai & Johnston (Toronto,ON)
1990-11-08 Judgment of the Court on the application for leave to appeal, CJ LaF L'HD, The application for leave to appeal is granted.
Granted, no order as to costs
1990-11-08 Hearing of the application for leave to appeal, 1990-11-08, CJ LaF L'HD
1990-11-08 All materials on application for leave submitted to the Judges, 1990-11-08, CJ LaF L'HD
1990-06-22 All materials on application for leave submitted to the Judges, CJ LaF L'HD
1990-05-22 Respondent's response on the application for leave to appeal, 5 copies, with service Attorney General of Canada
1990-05-09 Service, of application for leave to appeal, vols 1 and 2, with service
1990-05-04 $30.00 filing fee, receipt #17520 Patrick Francis Ward
1990-05-04 Application for leave to appeal, 5 copies, vols 1 and 2, Completed on: 1990-05-04 Patrick Francis Ward

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
Ward, Patrick Francis Applicant Active

v.

Main parties - Respondents
Name Role Status
Attorney General of Canada Respondent Active

Other parties

Other parties
Name Role Status
United Nations High Commissioner for Refugees Intervener Active
Immigration and Refugee Board Intervener Active
Canadian Council for Refugees Intervener Active

Counsel

Party: Ward, Patrick Francis

Counsel
Peter Rekai
Christina Kurata
Rekai & Johnson
604 - 130 BLOOR ST W
TORONTO, Ontario
M5S 1N5
Telephone: (416) 960-8876
Agent
Gil D. Rumstein
Gold Gulliver Pope Fine & Hoyt
610-11 Holland Ave
Ottawa, Ontario
K1Y 4S1
Telephone: (613) 722-1500
FAX: (613) 722-7677

Party: Attorney General of Canada

Counsel
Edward R. Sojonky, Q.C.
Attorney General of Canada
284 Wellington Street
East Memorial Building
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4871
FAX: (613) 954-1920
Agent
Edward R. Sojondy, Q.C.
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

Party: United Nations High Commissioner for Refugees

Counsel
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Immigration and Refugee Board

Counsel
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Canadian Council for Refugees

Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

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

December 2, 1988
Federal Administrative Tribunals of Ontario

Not available

Applicant found to be a convention refugee

March 5, 1990
Federal Court of Appeal

Not available

Application to review and set aside decision of Board allowed (See file)

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

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

Webcasts

Not available.

Date modified: 2025-02-27