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22162

Minister of Finance of Canada, et al. v. Robert James Finlay

(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)
1997-09-05 Appeal closed
1993-07-23 Correspondence (sent by the Court) to, sent to Federal Court of Canada Annex (Ottawa, ON) enclosing their record
1993-04-19 Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. (Ottawa, Ontario)
1993-04-19 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1993-04-19 Copy of formal judgment being prepared, Public Interest Advocacy Center (Ottawa, ON)
1993-04-19 Copy of formal judgment being prepared, Deputy Attorney General of Canada (Ottawa, ON)
1993-04-19 Copy of formal judgment being prepared, McCarthy, Tétrault (Ottawa, ON)
1993-04-19 Copy of formal judgment being prepared, Noël, Berthiaume, Aubry & Associés (Hull, QC)
1993-03-25 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed, the judgments below are set aside and the actions are dismissed without costs. In accordance with the Order granting leave to appeal herein, costs of the appeal to this Court are awarded to the respondent on a party-and-party basis. La Forest, L'Heureux-Dubé, Cory and McLachlin JJ. are dissenting.
Allowed, no order as to costs
1993-03-25 Notice of deposit of judgment sent to all parties, McCarthy, Tétrault (Ottawa, ON)
1993-03-25 Notice of deposit of judgment sent to all parties, Noël, Berthiaume, Aubry & Associés (Hull, QC)
1993-03-25 Notice of deposit of judgment sent to all parties, Deputy Attorney General of Canada (Ottawa, ON)
1993-03-25 Notice of deposit of judgment sent to all parties, Public Interest Advocacy Center (Ottawa, ON)
1993-03-25 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1993-02-09 General proceeding, transcripts received and distributed to the judges (132 pages)
1993-01-28 Hearing of the appeal, 1993-01-28, (ON THE RE-HEARING), CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1993-01-27 Appeal hearing scheduled, 1993-01-28, (ON THE RE-HEARING)
Decision reserved
1992-11-06 Correspondence (sent by the Court) to, from Taylor, McCaffrey; re: advises that Thursday, January 28, 1993 is a date acceptable
1992-11-04 Correspondence (sent by the Court) to, sent to Sous-ministre de la Justice du Québec (Sainte-Foy,QC) Re: re-hearing of the appeal will be heard during the January 1993 session.
1992-11-04 Correspondence (sent by the Court) to, sent to Attorney General for Alberta (Edmonton,AB) Re: re-hearing of appeal will be heard during the January 1993 session.
1992-11-04 Correspondence (sent by the Court) to, sent to Taylor, McCaffrey, Chapman (Winnipeg,MN) Re: re-hearing of appeal will be heard during the January 1993 session.
1992-11-04 Correspondence (sent by the Court) to, sent to Deputy Attorney General of Manitoba (Winnipeg,MN) Re: re-hearing of appeal will be heard during the January 1993 session.
1992-11-04 Correspondence (sent by the Court) to, sent to Public Interest Law Centre (Winnipeg,MN) Re: re-hearing of appeal will be held during the January 1993 session.
1992-11-04 Correspondence (sent by the Court) to, sent to The Deputy Attorney General of Canada (Ottawa,ON) Re: re-hearing of the appeal will be held during the January 1993 session.
1992-10-29 General proceeding, To Note, copy of letter dated October 23, 1992, from Gowling, Strathy and Henderson advising that Mr. Arne Peltz, counsel for N.A.P.O., an intervenor, requesting that an oral hearing be held in this case, as well as, a copy of letter dated October 26, 199
1992-10-26 Correspondence (sent by the Court) to, from G. Patrick S. Riley (by fax); re: refuse consent to have matter reheard by way of transcript of the hearing
1992-10-23 Correspondence (sent by the Court) to, from Gowling; re: Mr. Arne Peltz, counsel, request an oral re-hearing of the appeal
1992-10-08 Correspondence (sent by the Court) to, sent to Mr. G. Patrick Riley of (Winnipeg,MN) Re: diskettte of transcript of argument is said to be compatible with your system.
1992-10-05 Appeal re-hearing ordered
1992-04-10 General proceeding, transcripts received and distributed to the justices (135 pages)
1992-03-23 Judgment on the appeal rendered
Traversed, no order as to costs
1992-03-23 Hearing of the appeal, 1992-03-23
Decision reserved
1992-03-17 Proof of service, 1 copy of joint book of authorities, with service
1992-03-16 Book of authorities, JOINT 11 copies National Anti-Poverty Organization
1992-03-13 Correspondence (sent by the Court) to, of Philippa Lawson to advise that G.Patrick S. Riley and John A. Myers will appear on behalf of the Respondent
1992-03-11 Notice of withdrawal, With service Community and Social Services for Ontario
1992-03-05 Book of authorities, JOINT 10 copies Minister of Finance of Canada
1992-02-04 Intervener's factum, 19 copies, with service National Anti-Poverty Organization
1992-01-30 Service, of factum
1992-01-30 Correspondence (sent by the Court) to, sent to Public Interest Advocacy Centre; 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 Notice of withdrawal, With service Attorney General of Saskatchewan
1992-01-28 Order on motion for leave to intervene, " AMENDED ORDER ", with service
1992-01-28 Intervener's factum, 24 copies, with service Community and Social Services for Ontario
1992-01-28 Intervener's factum, 24 copies Attorney General of Quebec
1992-01-27 Intervener's factum, 21 copies, with service Attorney General of Manitoba
1992-01-27 Intervener's factum, 22 copies, with service Attorney General of Alberta
1992-01-23 Appeal hearing scheduled, 1992-03-23
Decision reserved
1992-01-13 Respondent's factum, 25 copies, with service Robert James Finlay
1992-01-10 Order on miscellaneous motion, With service
1992-01-08 Decision on miscellaneous motion, for an order setting the following schedule of filing: 1) Factum of respondent Finlay - to be filed by Jan\14\1992. 2) Factum of intervening Provinces - to be filed by Jan\28\1992. 3) Factum of NAPO - to be filed by Feb\04\1992;, LaF
Granted, no order as to costs
1992-01-08 Hearing of miscellaneous motion, 1992-01-08, for an order setting the following schedule of filing: 1) Factum of respondent Finlay - to be filed by Jan\14\1992. 2) Factum of intervening Provinces - to be filed by Jan\28\1992. 3) Factum of NAPO - to be filed by Feb\04\1992;, LaF
1992-01-08 Submission of miscellaneous motion, 1992-01-08, for an order setting the following schedule of filing: 1) Factum of respondent Finlay - to be filed by Jan\14\1992. 2) Factum of intervening Provinces - to be filed by Jan\28\1992. 3) Factum of NAPO - to be filed by Feb\04\1992;, LaF
1992-01-06 Correspondence (sent by the Court) to, from Madeleine Renaud; re: consents to the motion for an order setting a schedule of filing
1992-01-03 Response to miscellaneous motion, for an Order setting the schedule of filing Robert James Finlay
1992-01-03 Affidavit, for an Order setting the schedule of filing; Eduard J. Van Bemmel National Anti-Poverty Organization
1992-01-03 Notice of miscellaneous motion, for an Order setting the following schedule of filing: -Factum of Respondent Finlay - factum of Intervening Provinces - factum of NAPO National Anti-Poverty Organization
1991-12-11 Appeal perfected for hearing, Session beginning on 1992-01-27
1991-12-06 Appellant's factum, 24 copies, with service Minister of Finance of Canada
1991-09-03 Order on motion for leave to intervene, With service
1991-09-03 Order on motion for leave to intervene, With service
1991-08-09 Order on motion for leave to intervene
1991-08-09 Order on motion for leave to intervene
1991-08-09 Order on motion for leave to intervene
1991-08-08 Appeal court record, 1 box (with Trial record)
1991-08-08 Trial court record, 1 box (with C/A record)
1991-08-06 Order on motion for leave to intervene, With service
1991-07-31 Certified casebook, vol. I to IV, with service Minister of Finance of Canada
1991-07-30 Decision on the motion for leave to intervene, and to present oral argument no longer than 10 minutes,, Ia
Granted, no order as to costs
1991-07-30 Hearing of motion for leave to intervene, 1991-07-30, and to present oral argument no longer than 10 minutes,, Ia
1991-07-30 Submission of motion for leave to intervene, 1991-07-30, and to present oral argument no longer than 10 minutes,, Ia
1991-07-30 Decision on the motion for leave to intervene, and to present oral argument no longer than 15 minutes,, Ia
Granted, no order as to costs
1991-07-30 Hearing of motion for leave to intervene, 1991-07-30, and to present oral argument no longer than 15 minutes,, Ia
1991-07-30 Submission of motion for leave to intervene, 1991-07-30, and to present oral argument no longer than 15 minutes,, Ia
1991-07-30 Decision on the motion for leave to intervene, and to present oral argument no longer than 15 minutes,, Ia
Granted, no order as to costs
1991-07-30 Hearing of motion for leave to intervene, 1991-07-30, and to present oral argument no longer than 15 minutes,, Ia
1991-07-30 Submission of motion for leave to intervene, 1991-07-30, and to present oral argument no longer than 15 minutes,, Ia
1991-07-30 Decision on the motion for leave to intervene, and to present oral argument no longer than 15 minutes., Ia
Granted, no order as to costs
1991-07-30 Hearing of motion for leave to intervene, 1991-07-30, and to present oral argument no longer than 15 minutes., Ia
1991-07-30 Submission of motion for leave to intervene, 1991-07-30, and to present oral argument no longer than 15 minutes., Ia
1991-07-30 Decision on the motion for leave to intervene, and present oral argument of 15 minutes. The respondent and the said intervenor may share their respective times for oral argument, however, not to exceed a total of 75 minutes., Ia
Granted, no order as to costs
1991-07-30 Hearing of motion for leave to intervene, 1991-07-30, and present oral argument of 15 minutes. The respondent and the said intervenor may share their respective times for oral argument, however, not to exceed a total of 75 minutes., Ia
1991-07-30 Submission of motion for leave to intervene, 1991-07-30, and present oral argument of 15 minutes. The respondent and the said intervenor may share their respective times for oral argument, however, not to exceed a total of 75 minutes., Ia
1991-07-30 Decision on the motion for leave to intervene, and to file a factum no longer than 30 pages, and to present oral argument not to exceed 15 minutes., Ia
Granted, no order as to costs
1991-07-30 Hearing of motion for leave to intervene, 1991-07-30, and to file a factum no longer than 30 pages, and to present oral argument not to exceed 15 minutes., Ia
1991-07-30 Submission of motion for leave to intervene, 1991-07-30, and to file a factum no longer than 30 pages, and to present oral argument not to exceed 15 minutes., Ia
1991-07-30 Response to the motion for leave to intervene, (by fax) of A.G. Alberta Robert James Finlay
1991-07-29 Service, on RESPONDENT of the affidavit of Christine A. MacDonald in support of the motion for leave to intervene
1991-07-29 Service, on RESPONDENT of a motion for leave to intervene
1991-07-29 Service, on RESPONDENT of affidavit of Eric Johansen in support of motion for leave to intervene
1991-07-29 Service, on RESPONDENT of the motion for leave to intervene
1991-07-29 Case on appeal, 21 copies of vol. I to IV Minister of Finance of Canada
1991-07-25 Response to the motion for leave to intervene, of Attorney General of Alberta Attorney General of Canada
1991-07-25 Affidavit, of Christine A. MacDonald, with service Attorney General of Alberta
1991-07-25 Motion for leave to intervene, With service Attorney General of Alberta
1991-07-23 Correspondence (sent by the Court) to, of Robert E. Houston, Q.C. to confirm agreement that oral argument be limited to 15 minutes
1991-07-23 Correspondence (sent by the Court) to, of Robert E. Houston, Q.C. confirming that Eric Bowie of the Federal Dept. of Justice and Glen McFetridge of the office of A.G. Manitoba will share one hour and fifteen minutes
1991-07-11 Correspondence (sent by the Court) to, from Henry S. Brown; re: that they support the respondent; they want to share 1 hour and 15 minutes for the pleadings
1991-07-08 General proceeding, fax from E. Van Bemmel; re: to confirm that the National Anti-Poverty Organization would like 30 minutes, as well as the Attorney General of Saskatchewan
1991-06-24 Response to the motion for leave to intervene, filed on behalf of the Ministry of Community and Social Services of Ontario Attorney General of Canada
1991-06-24 Response to the motion for leave to intervene, filed on behalf of the National Anti-Poverty Organization Attorney General of Canada
1991-06-24 Response to the motion for leave to intervene, filed on behalf of the Attorney General of Quebec Attorney General of Canada
1991-06-24 Response to the motion for leave to intervene, filed on behalf of the Attorney General of Saskatchewan Attorney General of Canada
1991-06-24 Response to the motion for leave to intervene, files on behalf of the Attorney General of Manitoba Attorney General of Canada
1991-06-24 Correspondence (sent by the Court) to, (fax) dated June 24, 1991 from G.P.S. Riley C/O Taylor, McCaffrey (Wpg,MN) confirming that his client consents to the intervention of the National Anti-Poverty Organization and the Provinces of Manitoba, Ontario, Saskatchewan and Quebec.
1991-06-18 Affidavit, Robert Cooke, with service Community and Social Services for Ontario
1991-06-18 Affidavit, Rebecca Givens, with service Community and Social Services for Ontario
1991-06-18 Motion for leave to intervene, With service Community and Social Services for Ontario
1991-06-18 Correspondence (sent by the Court) to, from G. Patrick S. Riley; re: consents to the intervention of A.G. Quebec
1991-06-13 Affidavit, 2 copies; André Gaudreau Attorney General of Quebec
1991-06-13 Motion for leave to intervene, 2 copies, with service Attorney General of Quebec
1991-06-07 Affidavit, Eric Johansen Attorney General of Saskatchewan
1991-06-07 Motion for leave to intervene, With service Attorney General of Saskatchewan
1991-05-31 Motion for leave to intervene, With service Attorney General of Manitoba
1991-05-27 Affidavit, Lise Corbeil, with service National Anti-Poverty Organization
1991-05-27 Motion for leave to intervene, With service National Anti-Poverty Organization
1991-05-17 Notice of appeal, With service Minister of Finance of Canada
1991-05-03 Close file on Leave
1991-05-02 Notice of deposit of judgment issued to all parties, Public Interest Advocacy Center (Ottawa,ON)
1991-05-02 Notice of deposit of judgment issued to all parties, Soloway, Wright, Houston (Ottawa,ON)
1991-05-02 Notice of deposit of judgment issued to all parties, Eric A. Bowie C/O Dept. of Justice (Ottawa,ON)
1991-05-02 Judgment of the Court on the application for leave to appeal, LaF Co St, The application for leave to appeal is granted. The respondent is entitled against the government to costs of the motion and of the appeal on a party to party basis. The issue whether the respondent should have his costs on a solicitor- client basis is reserved for the Court on the Appeal.
Granted, with costs
1991-05-02 Hearing of the application for leave to appeal, 1991-05-02, LaF Co St
1991-05-02 All materials on application for leave submitted to the Judges, 1991-05-02, LaF Co St
1991-02-08 Order on motion to leave to intervene, With service
1991-02-05 Intervener's memorandum of argument on application for leave, 5 copies, with service Attorney General of Manitoba
1991-01-31 All materials on application for leave submitted to the Judges, LaF Co St
1990-11-20 Decision on motion for leave to intervene, LaF
Granted, no order as to costs
1990-11-20 Hearing of motion for leave to intervene, 1990-11-20, LaF
1990-11-20 Submission of motion for leave to intervene, 1990-11-20, LaF
1990-11-19 Respondent's response on the application for leave to appeal, 5 copies, with service Robert James Finlay
1990-11-19 Correspondence received from, from G.P.S. Riley, re: advising that he will not appear on the motion to intervene of A.G. Manitoba Robert James Finlay
1990-11-15 Affidavit, 3 copies, with service Attorney General of Manitoba
1990-11-15 Motion for leave to intervene, 3 copies, with service Attorney General of Manitoba
1990-10-30 $30.00 filing fee, (on justice account) Minister of Finance of Canada
1990-10-30 Application for leave to appeal, 5 copies, with service, Completed on: 1990-10-30 Minister of Finance of Canada

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
Minister of Finance of Canada Applicant Active
Minister of National Health and Welfare of Canada Applicant Active
Attorney General of Canada Applicant Active

v.

Main parties - Respondents
Name Role Status
Finlay, Robert James Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Manitoba Intervener Active
National Anti-Poverty Organization Intervener Active
Attorney General of Quebec Intervener Active
Attorney General of Alberta Intervener Active

Counsel

Party: Minister of Finance of Canada

Counsel
Names
Eric A. Bowie, Q.C.
F. Campbell
H. Glinter
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4840

Party: Minister of National Health and Welfare of Canada

Counsel
Name
Eric A. Bowie, Q.C.
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4840

Party: Attorney General of Canada

Counsel
Name
Eric A. Bowie, Q.C.
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4840

Party: Finlay, Robert James

Counsel
Names
G. Patrick S. Riley
John Myers
Contact information
Taylor McCaffrey LLP
400 St. Mary Ave.
9th Floor
Winnipeg, Manitoba
R3C 4K5
Telephone: (204) 988-0448
FAX: (204) 988-0304
Email: priley@tmlawyers.com
Agent
Name
Michael G. Janigan
Contact information
Public Interest Advocacy Centre
1204 - 1 Nicholas St.
Ottawa, Ontario
K1N 7B7
Telephone: (613) 562-4002 Ext: 36
FAX: (613) 562-0007
Email: mjanigan@piac.ca

Party: Attorney General of Manitoba

Counsel
Names
Graeme Garson, Q.C.
W.G. McFetridge
Contact information
Attorney General of Manitoba
405 BROADWAY AVE
6TH FL
WINNIPEG, Manitoba
R3C 3L6
Telephone: (204) 945-2843
Agent
Name
Madeleine Renaud
Contact information
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813

Party: National Anti-Poverty Organization

Counsel
Name
Arne Peltz
Contact information
Public Interest Law Centre
402 - 294 Portage Ave
Winnipeg, Manitoba
R3C 0B9
Telephone: (204) 985-8541
FAX: (204) 985-8544
Email: PILCLAM@MTS.Net
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General of Quebec

Counsel
Names
Dominique Rousseau
L. Rochette
Contact information
Procureur général du Québec
1200, route de l'Église
2e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 646-1696
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 Alberta

Counsel
Names
Howard L. Kushner
B. Bauer
Contact information
Attorney General of Alberta
PO BOX 2703 STN MAIN
WHITEHORSE, Yukon Territory
Y1A 2C6
Telephone: (403) 667-5124
FAX: (403) 667-3609
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com

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

January 24, 1989
Federal Court of Canada, Trial Division

T-3666-62

see judgment

July 6, 1990
Federal Court of Appeal

A-76-89

Appeal allowed in part - cross-appeal allowed

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

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Date modified: 2025-05-13