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.
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
Christina Kurata
604 - 130 BLOOR ST W
TORONTO, Ontario
M5S 1N5
Telephone: (416) 960-8876
Agent
610-11 Holland Ave
Ottawa, Ontario
K1Y 4S1
Telephone: (613) 722-1500
FAX: (613) 722-7677
Party: Attorney General of Canada
Counsel
284 Wellington Street
East Memorial Building
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4871
FAX: (613) 954-1920
Agent
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
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
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
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
Federal Administrative Tribunals of Ontario
Not available
Applicant found to be a convention refugee
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
Related links
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
Related links
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1994-07-18 | 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
| Name | Role | Status |
|---|---|---|
| Ward, Patrick Francis | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
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
Christina Kurata
604 - 130 BLOOR ST W
TORONTO, Ontario
M5S 1N5
Telephone: (416) 960-8876
Agent
610-11 Holland Ave
Ottawa, Ontario
K1Y 4S1
Telephone: (613) 722-1500
FAX: (613) 722-7677
Party: Attorney General of Canada
Counsel
284 Wellington Street
East Memorial Building
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4871
FAX: (613) 954-1920
Agent
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
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
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
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
Federal Administrative Tribunals of Ontario
Not available
Applicant found to be a convention refugee
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
Related links
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