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22145

Canadian Human Rights Commission v. Department of Secretary of State, et al.

(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)
1997-09-04 Appeal closed
1993-07-23 Correspondence (sent by the Court) to, sent to Federal Court of Canada Annex (Ottawa, ON) enclosing their record
1993-07-12 Close file on Leave
1993-03-15 Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. (Ottawa, Ontario)
1993-03-15 Copy of formal judgment being prepared, Brian Mossop (Toronto, ON)
1993-03-15 Copy of formal judgment being prepared, Nelligan, Power (Ottawa, ON)
1993-03-15 Copy of formal judgment being prepared, The Canadian Human Rights Commission (Ottawa, ON)
1993-03-15 Copy of formal judgment being prepared, The Deputy Attorney General of Canada (Ottawa, ON)
1993-03-15 Copy of formal judgment being prepared, McCarthy, Tétrault (Ottawa, ON)
1993-02-26 Notice of deposit of judgment sent to all parties, sent to McCarthy, Tétrault (Ottawa, ON)
1993-02-26 Notice of deposit of judgment sent to all parties, sent to The Deputy Attorney General of Canada (Ottawa, ON)
1993-02-26 Notice of deposit of judgment sent to all parties, sent to The Canadian Human Rights Commission (Ottawa, ON)
1993-02-26 Notice of deposit of judgment sent to all parties, sent to The Deputy Attorney General of Canada (Ottawa, ON)
1993-02-26 Notice of deposit of judgment sent to all parties, sent to Nelligan, Power (Ottawa, ON)
1993-02-26 Notice of deposit of judgment sent to all parties, sent to Brian Mossop (Toronto, ON)
1993-02-25 Judgment on the appeal rendered, Canada (Attorney General) v. Mossop, [1993] 1 S.C.R. 554, CJ LaF L'HD So Co McL Ia, The appeal is dismissed, L'Heureux-Dubé, Cory and McLachlin JJ. dissenting.
Dismissed, no order as to costs
1992-12-03 Proof of service, of supplementary submissions (distributed to CJ, LaF, L'HD, So, Co, McL, I, 92/11/09)
1992-11-12 Correspondence (sent by the Court) to, from McCarthy, Tétrault (original); re: submission
1992-11-06 General proceeding, 24 copies of supplementary submissions (distributed to CJ, LaF, L'HD, So, Co, McL, I, 92/11/06), with service Equality for Gays and Lesbians Everywhere
1992-11-06 Correspondence (sent by the Court) to, from McCarthy, Tétrault; re: supplementary submissions respecting the relevant of Haig v. Canada (joint with I07-I08-I09-I10) (distributed to CJ, LaF, L'HD, So, Co, McL, I, 92/11/06)
1992-11-06 General proceeding, 24 copies of supplementary submissions Canadian Human Rights Commission
1992-11-04 Correspondence (sent by the Court) to, from Barbara A. McIsaac, Q.C.; re: submissions to be conveyed to the Court (distributed to CJ, LaF, L'HD, So, Co, McL, I, 92/11/05)
1992-11-04 Correspondence (sent by the Court) to, (original) from Gwen Brodsky; re: will make further submissions
1992-10-30 Correspondence (sent by the Court) to, (by fax) from Gwen Brodsky; re: will make further submissions
1992-10-28 Correspondence (sent by the Court) to, (Sent by Fax) to Ms. Gwen Brodsky (Vancouver,BC) Re: whether you wish to make further written submissions before November 6, 1992. (cc., Barbara McIsaac, Robert Frater, René Duval, Mr. Binnie, Q.C., Nelligan Power).
1992-10-26 Correspondence (sent by the Court) to, from A. Roland sent to William Pentney; re: the Commission's deadline for the filing of further submissions is extended to Nov. 6/92
1992-10-26 Correspondence (sent by the Court) to, from A. Roland sent to Barbara McIsaac; re: A.G.'s deadline for the filing of further submissi ons is extended to Nov. 6/92
1992-10-23 General proceeding, To Note, memorandum from Claude Alain Re: letter dated October 21, 1992, from Mrs Barbara A. McIsaac, counsel for the respondents distributed to Justices La LaF L'HD So Co McL I.
1992-10-23 Correspondence (sent by the Court) to, from William Pentney; re: the Commission will file written submissions by Oct. 31st on the relevance of Haig v. Canada
1992-10-22 Correspondence (sent by the Court) to, (by fax) from William Pentney; re: that if extension is granted to A.G. Canada, that same be granted to the appellant
1992-10-22 Correspondence (sent by the Court) to, from Barbara A. McIsaac; re: further submissions to be filed by Nov. 6th
1992-10-07 Correspondence (sent by the Court) to, sent by FAX to Mr. René Duval (Ottawa,ON) Re: whether you wish to make further submissions before October 31, 1992.
1992-10-07 Correspondence (sent by the Court) to, sent by FAX to Mrs. Barbara McIsaac (Ottawa,ON) Re: whether you wish to make further written submissions before October 31, 1992.
1992-06-15 General proceeding, transcripts received and distributed to the justices (109 pages)
1992-06-03 Hearing of the appeal, 1992-06-03, CJ LaF L'HD So Co McL Ia
Decision reserved
1992-06-02 Book of authorities, 10 copies Focus On The Family
1992-06-01 Correspondence (sent by the Court) to, of Barbara A. McIsaac to confirm attendance as counsel for the full hour allotted
1992-05-27 Book of authorities, 10 copies of vol. I & II, with service Equality for Gays and Lesbians Everywhere
1992-05-22 Intervener's factum, 21 copies, with service Focus On The Family
1992-05-19 Correspondence (sent by the Court) to, (original) of Gwen Brodsky re filing the book of authorities
1992-05-19 Service, copy of JOINT book of authorities
1992-05-15 Book of authorities, 10 copies (joint) Canadian Human Rights Commission
1992-05-13 Correspondence (sent by the Court) to, (by fax) of Gwen Brodsky re filing of their book of authorities
1992-05-06 General proceeding, counsel is: Thomas W.G. Pratt (1 hour) Canadian Human Rights Commission
1992-05-01 Notice of hearing, With service Canadian Human Rights Commission
1992-05-01 Respondent's factum, 24 copies, with service Attorney General of Canada
1992-04-21 Appeal hearing scheduled, 1992-06-03
Decision reserved
1992-04-13 Intervener's factum, 24 copies (returned for correction 1992/04/14 and sent back 1992/04/15), with service Equality for Gays and Lesbians Everywhere
1992-04-01 Appeal perfected for hearing, Session beginning on 1992-04-27, With service
1992-03-10 Appellant's factum, 24 copies, with service Canadian Human Rights Commission
1991-08-06 Appeal court record, 1 accordion file
1991-07-30 Certified casebook, vol. I & II, with service Canadian Human Rights Commission
1991-07-30 Case on appeal, 23 copies of vol. I & II Canadian Human Rights Commission
1991-06-03 Order on motion for leave to intervene, With service
1991-06-03 Order on motion for leave to intervene, With service
1991-06-03 Order on motion for leave to intervene, With service
1991-06-03 Order on motion for leave to intervene, With service
1991-06-03 Order on motion for leave to intervene, With service
1991-04-25 Decision on the motion for leave to intervene, and to file a factum, present oral argument limited to 10 minutes,, Ia
Granted, no order as to costs
1991-04-25 Hearing of motion for leave to intervene, 1991-04-25, and to file a factum, present oral argument limited to 10 minutes,, Ia
1991-04-25 Submission of motion for leave to intervene, 1991-04-25, and to file a factum, present oral argument limited to 10 minutes,, Ia
1991-04-25 Decision on the motion for leave to intervene, and to file a factum, present oral argument limited to 10 minutes,, Ia
Granted, no order as to costs
1991-04-25 Hearing of motion for leave to intervene, 1991-04-25, and to file a factum, present oral argument limited to 10 minutes,, Ia
1991-04-25 Submission of motion for leave to intervene, 1991-04-25, and to file a factum, present oral argument limited to 10 minutes,, Ia
1991-04-23 General proceeding, fax; re: takes no position on the motion for intervention of Focus on the Family Brian Mossop
1991-04-18 Correspondence (sent by the Court) to, de Michel Roy (fax); objet: consent à l'interven- tion de Focus on the Family
1991-04-17 Correspondence (sent by the Court) to, de René Duval; objet: ne s'objecte pas à l'intervention de Focus on the Family
1991-04-16 Correspondence (sent by the Court) to, de René Duval, objet: ne s'objecte pas à la demande d'intervention par Focus on the Family
1991-04-15 Correspondence (sent by the Court) to, from Gwen Brodsky; re: takes no position to the intervention of Focus on the Family, the Salvation Army, Real Women, the Evangelical Felliowship of Canada and the Pentecostal Assemblies of Canada
1991-04-08 Correspondence (sent by the Court) to, *entered in error*
1991-04-02 Response to the motion for leave to intervene, of Focus on the Family, The Salvation Army, Realwomen, Evangelical Fellowship of Canada and The Penecostal Assemblies of Canada Department of Secretary of State
1991-03-27 Correspondence (sent by the Court) to, from Gwen Brodsky, re: do not take a position with respect to the intervention of I01, I07, I08, I09 , I10
1991-03-27 Motion for leave to intervene, 2 copies (joint with I07, I08, I09, I10), with service Focus On The Family
1991-03-26 Affidavit, 2 copies, Constance Gwendolyn Landolt, with service R.E.A.L. Women
1991-03-26 Affidavit, 2 copies, James A. Sclater, with service Focus On The Family
1991-03-26 Affidavit, 2 copies, Reverend Hudson T. Hilsden, with service Pentecostal Assemblies of Canada
1991-03-26 Affidavit, 2 copies, Brian Stiller, with service Evangelical Fellowship of Canada
1991-03-26 Affidavit, 2 copies, Lieutenant Colonel William Speck, with service Salvation Army
1991-03-26 Motion for leave to intervene, 2 copies (joint with I01, I07, I08, I09), with service Pentecostal Assemblies of Canada
1991-03-26 Motion for leave to intervene, 2 copies (joint with I01, I07, I08, I10), with service Evangelical Fellowship of Canada
1991-03-26 Motion for leave to intervene, 2 copies (joint with I01, I07, I09, I10), with service R.E.A.L. Women
1991-03-26 Motion for leave to intervene, 2 copies (joint with I01, I08, I09, I10), with service Salvation Army
1991-03-25 Correspondence (sent by the Court) to, from Ian Binnie, re: takes no position with respect to the proposed intervention of Equality for Gays and Lesbians Everywhere, et al (2 copies)
1991-03-25 Response to the motion for leave to intervene, of Equality for Gays and Lesbians Everywhere, Canadian Rights and Liberties Federation, the National Association of Women and the Law, the Canadian Disability Rights Council, and the National Action Committee on the Status of Women (2 copies) Canadian Union of Professional and Technical Employees
1991-03-25 Response to the motion for leave to intervene, of Equality for Gays and Lesbians Everywhere, Canadian Rights and Liberties Federation, the National Association of Women and the Law, the Canadian Disability Rights Council, and the National Action Committee on the Status of Women (2 copies - joint with Department of Secretary of State
1991-03-25 Response to the motion for leave to intervene, of Equality for Gays and Lesbians Everywhere, Canadian Rights and Liberties Federation, the National Associatiaon of Women and the Law, the Canadian Disability Rights Council, and the National Action Committee on the Status of Women (2 copies) Canadian Human Rights Commission
1991-03-25 Affidavit, 2 copies, Judy Rebick, with service National Action Committee on the Status of Women
1991-03-25 Affidavit, 2 copies, Yvonne Peters, with service Canadian Disability Rights Council
1991-03-25 Affidavit, 2 copies, Rosalind Currie, with service National Association of Women and the Law
1991-03-25 Affidavit, 2 copies, Maxine Bedyn, with service Canadian Rights and Liberties Federation
1991-03-25 Affidavit, 2 copies - Les McAfee, with service Equality for Gays and Lesbians Everywhere
1991-03-25 Motion for leave to intervene, and extension of time for doing so (2 copies - joint with I02, I03, I04, I05), with service National Action Committee on the Status of Women
1991-03-25 Motion for leave to intervene, and extension of time for doing so (2 copies - joint with I02, I03, I04, I06), with service Canadian Disability Rights Council
1991-03-25 Motion for leave to intervene, and extension of time for doing so (2 copies - joint with I02, I03, I05, I06), with service National Association of Women and the Law
1991-03-25 Motion for leave to intervene, and extension of time for doing so (2 copies - joint with I02, I04, I05, I06), with service Canadian Rights and Liberties Federation
1991-03-25 Motion for leave to intervene, and extension of time for doing so (2 copies - joint with I03, I04, I05, I06), with service Equality for Gays and Lesbians Everywhere
1991-03-07 Motion for leave to intervene, (by fax) Focus On The Family
1991-03-04 Service, 2 copies of notice of appeal, with service
1991-03-01 Service, 1 served copy of Notice of Appeal, with service
1991-02-21 Notice of appeal Canadian Human Rights Commission
1991-02-20 Notice of deposit of judgment issued to all parties, Gwen Brodsky C/O British Columbia Public Interest Advocacy Centre (Vancouver,BC)
1991-01-25 Notice of deposit of judgment issued to all parties, René Duval C/O Cdn. Human Rights Comm. (Ott,ON)
1991-01-25 Notice of deposit of judgment issued to all parties, Barbara McIsaac (Ottawa,ON)
1991-01-25 Notice of deposit of judgment issued to all parties, Brian Mossop (Toronto,ON)
1991-01-25 Judgment of the Court on the application for leave to appeal, G Co St, The application for leave to appeal is granted.
Granted, no order as to costs
1991-01-25 Hearing of the application for leave to appeal, 1991-01-25, G Co St
1991-01-25 All materials on application for leave submitted to the Judges, 1991-01-25, G Co St
1990-12-20 Order on miscellaneous motion, With service
1990-12-18 All materials on application for leave submitted to the Judges, G Co St
1990-11-13 Respondent's response on the application for leave to appeal, 5 copies, with service Attorney General of Canada
1990-11-06 Correspondence received from, from G. Brodsky (Van,BC) requesting that she be notified of the outcome of this case.
1990-11-05 Correspondence received from, from G. Brodsky (Van,BC) regarding a change of counsel
1990-10-30 Decision on the miscellaneous motion, on behalf of the Canadian Human Rights Commission for an order that they may seek leave to appeal in its own rights even if it is not described as a respondent in the style of cause., McL
Granted, no order as to costs
1990-10-30 Hearing of miscellaneous motion, 1990-10-30, on behalf of the Canadian Human Rights Commission for an order that they may seek leave to appeal in its own rights even if it is not described as a respondent in the style of cause., McL
1990-10-30 Submission of miscellaneous motion, 1990-10-30, on behalf of the Canadian Human Rights Commission for an order that they may seek leave to appeal in its own rights even if it is not described as a respondent in the style of cause., McL
1990-10-30 Notice of miscellaneous motion, for an order that C.H.R.C. may seek leave to appeal in its own rights., with service Canadian Human Rights Commission
1990-10-29 Response to miscellaneous motion Department of Secretary of State
1990-10-26 $30.00 filing fee, #18367 Canadian Human Rights Commission
1990-10-26 Affidavit, of Réal Fortin,, with service Canadian Human Rights Commission
1990-10-26 Application for leave to appeal, 8 copies,, Completed on: 1990-10-26 Canadian Human Rights Commission

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
Canadian Human Rights Commission Applicant Active

v.

Main parties - Respondents
Name Role Status
Department of Secretary of State Respondent Active
Treasury Board of Canada Respondent Active
Canadian Union of Professional and Technical Employees Respondent Active
Attorney General of Canada Respondent Active

Other parties

Other parties
Name Role Status
Focus On The Family Intervener Active
Equality for Gays and Lesbians Everywhere Intervener Active
Canadian Rights and Liberties Federation Intervener Active
National Association of Women and the Law Intervener Active
Canadian Disability Rights Council Intervener Active
National Action Committee on the Status of Women Intervener Active
Salvation Army Intervener Active
R.E.A.L. Women Intervener Active
Evangelical Fellowship of Canada Intervener Active
Pentecostal Assemblies of Canada Intervener Active
Mossop, Brian Other Active

Counsel

Party: Canadian Human Rights Commission

Counsel
René Duval
William Pentney
Canadian Human Rights Commission
344 Slater St.
Canada Building, 8th Floor
Ottawa, Ontario
K1A 1E1
Telephone: (613) 943-9156
FAX: (613) 993-3089
Email: rene.duval@chrc-ccdp.ca

Party: Department of Secretary of State

Counsel
Barbara A. McIsaac, Q.C.
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4868
Agent
Robert Frater
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: Treasury Board of Canada

Counsel
Barbara A. McIsaac, Q.C.
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4868

Party: Canadian Union of Professional and Technical Employees

Counsel
Brian Mossop
68 MILLBROOK CRES
TORONTO, Ontario
M4K 1H4
Telephone: (416) 973-1142
FAX: (416) 973-3325

Party: Attorney General of Canada

Counsel
Barbara A. McIsaac, Q.C.
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4868

Party: Focus On The Family

Counsel
W. Ian C. Binnie, Q.C.
McCarthy Tétrault
4700 TD BANK TOWER
PO BOX 48
TORONTO, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
Madeleine Renaud
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813

Party: Equality for Gays and Lesbians Everywhere

Counsel
Gwen Brodsky
B.C. Public Interest Advocacy Centre
815 - 815 HASTINGS ST W
VANCOUVER, British Columbia
V6C 1B4
Telephone: (604) 687-3063
FAX: (604) 682-7896
Agent
Catherine Aitken
Nelligan Power
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Canadian Rights and Liberties Federation

Counsel
Gwen Brodsky
B.C. Public Interest Advocacy Centre
815 - 815 HASTINGS ST W
VANCOUVER, British Columbia
V6C 1B4
Telephone: (604) 687-3063
FAX: (604) 682-7896
Agent
Catherine Aitken
Nelligan Power
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: National Association of Women and the Law

Counsel
Gwen Brodsky
B.C. Public Interest Advocacy Centre
815 - 815 HASTINGS ST W
VANCOUVER, British Columbia
V6C 1B4
Telephone: (604) 687-3063
FAX: (604) 682-7896
Agent
Catherine Aitken
Nelligan Power
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Canadian Disability Rights Council

Counsel
Gwen Brodsky
B.C. Public Interest Advocacy Centre
815 - 815 HASTINGS ST W
VANCOUVER, British Columbia
V6C 1B4
Telephone: (604) 687-3063
FAX: (604) 682-7896
Agent
Catherine Aitken
Nelligan Power
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: National Action Committee on the Status of Women

Counsel
Gwen Brodsky
B.C. Public Interest Advocacy Centre
815 - 815 HASTINGS ST W
VANCOUVER, British Columbia
V6C 1B4
Telephone: (604) 687-3063
FAX: (604) 682-7896
Agent
Catherine Aitken
Nelligan Power
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Salvation Army

Counsel
W. Ian C. Binnie, Q.C.
McCarthy Tétrault
4700 TD BANK TOWER
PO BOX 48
TORONTO, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
Madeleine Renaud
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813

Party: R.E.A.L. Women

Counsel
W. Ian C. Binnie, Q.C.
McCarthy Tétrault
4700 TD BANK TOWER
PO BOX 48
TORONTO, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
Madeleine Renaud
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813

Party: Evangelical Fellowship of Canada

Counsel
W. Ian C. Binnie, Q.C.
McCarthy Tétrault
4700 TD BANK TOWER
PO BOX 48
TORONTO, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
Madeleine Renaud
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813

Party: Pentecostal Assemblies of Canada

Counsel
W. Ian C. Binnie, Q.C.
McCarthy Tétrault
4700 TD BANK TOWER
PO BOX 48
TORONTO, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
Madeleine Renaud
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813

Party: Mossop, Brian

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

April 13, 1989
Federal Administrative Tribunals of Ontario

T.D. 6/89

See file

June 29, 1990
Federal Court of Appeal

A-199-89

Appeal allowed

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

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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

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Webcasts

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Date modified: 2025-05-13