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22787

Corporation of City of Peterborough v. Kenneth Ramsden

(Ontario) (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)
1997-08-07 Appeal closed
1993-09-13 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1993-09-13 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1993-09-13 Copy of formal judgment being prepared, Deputy Attorney General of Canada (Ottawa, ON)
1993-09-13 Copy of formal judgment being prepared
1993-09-13 Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON)
1993-09-02 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is dismissed with costs.
Dismissed, with costs
1993-09-02 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1993-09-02 Notice of deposit of judgment sent to all parties, Deputy Attorney General of Canada (Ottawa, ON)
1993-09-02 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON)
1993-07-12 Close file on Leave
1993-07-06 Decision on motion to extend time, to file its factum to May 21/93, DeRg
Granted, no order as to costs
1993-07-06 Hearing of motion to extend time, 1993-07-06, to file its factum to May 21/93, DeRg
1993-07-06 Submission of motion to extend time, 1993-07-06, to file its factum to May 21/93, DeRg
1993-07-05 Order on motion to extend time, to file his factum to May 26/93
1993-06-23 General proceeding, transcripts received and distributed to the justices (161 pages)
1993-06-17 Affidavit, to serve and file the factum to May 21/93; 2 copies; Catherine A. Lystiuk, with service Attorney General of Canada
1993-06-17 Motion to extend time, to serve and file the factum to May 21/93; 2 copies, with service Attorney General of Canada
1993-06-03 Decision on motion to extend time, to serve and file their factum to May 26, 1993., Reg
Granted, no order as to costs
1993-06-03 Hearing of motion to extend time, 1993-06-03, to serve and file their factum to May 26, 1993., Reg
1993-06-03 Submission of motion to extend time, 1993-06-03, to serve and file their factum to May 26, 1993., Reg
1993-06-01 Order on motion to extend time, to serve and file their factum to May 6, 1993., with service
1993-06-01 Hearing of the appeal, 1993-06-01, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1993-05-31 Decision on motion to extend time, to serve and file their factum to May 27, 1993., Reg
Granted, no order as to costs
1993-05-31 Hearing of motion to extend time, 1993-05-31, to serve and file their factum to May 27, 1993., Reg
1993-05-31 Submission of motion to extend time, 1993-05-31, to serve and file their factum to May 27, 1993., Reg
1993-05-28 Response to motion to extend time, (1 copy) from Burke-Robertson
1993-05-28 Affidavit, (1 copy) of Lori Sterling to file A.G. Ontario's factum
1993-05-28 Motion to extend time, to file and serve the A.G. Ontario's factum Attorney General for Ontario
1993-05-28 Book of authorities, 10 copies, with service Canadian Civil Liberties Association
1993-05-27 Response to motion to extend time, to file the intervener A.G.B.C. factum to May 26, 1993 Kenneth Ramsden
1993-05-27 Affidavit, to file the intervener's factum (of Angela R. Westmacot), with service Attorney General of British Columbia
1993-05-27 Motion to extend time, to file the intervener's factum to May 26, 1993, with service Attorney General of British Columbia
1993-05-27 Intervener's factum, 24 copies (extension of time requested) - Karen advised Attorney General for Ontario
1993-05-26 Intervener's factum, 24 copies, with service Attorney General of British Columbia
1993-05-25 Book of authorities, 9 copies of vol. I to IV (JOINT) Kenneth Ramsden
1993-05-25 Correspondence (sent by the Court) to, from Dept. of Justice Re: Yvonne E. Milosevic will be appearing at the hearing of the appeal and will argue 10-15 min.
1993-05-25 Correspondence (sent by the Court) to, from Gardiner, Roberts: Mr. Jonathan H. Wigley and Robert Maxwell will be appearing in the appeal
1993-05-21 Proof of service, of the respondent's Brief of Historical Material to the intervenors Can.Civil Liberties
1993-05-21 Proof of service, of the respondent's Brief of Historical Material to the appellant
1993-05-21 Intervener's factum, 24 copies (extension of time requested), with service Attorney General of Canada
1993-05-19 Book of authorities, 10 copies (Brief of Historical Material), with service Kenneth Ramsden
1993-05-17 Decision on motion to extend time, to serve and file their factum to May 6, 1993, Reg
Granted, no order as to costs
1993-05-17 Hearing of motion to extend time, 1993-05-17, to serve and file their factum to May 6, 1993, Reg
1993-05-17 Submission of motion to extend time, 1993-05-17, to serve and file their factum to May 6, 1993, Reg
1993-05-11 Affidavit, to file the factum to May 6/93; George Vegh Canadian Civil Liberties Association
1993-05-11 Motion to extend time, to file the factum to May 6/93 Canadian Civil Liberties Association
1993-05-10 Order on motion to extend time, With service
1993-05-07 Proof of service, 1 copy of factum, with service
1993-05-06 Intervener's factum, 23 copies (extension of time requested - EVB) Canadian Civil Liberties Association
1993-05-03 Decision on motion to extend time, to serve and file the Notice of intervention to April 29, 1993, So
Granted, no order as to costs
1993-05-03 Hearing of motion to extend time, 1993-05-03, to serve and file the Notice of intervention to April 29, 1993, So
1993-05-03 Submission of motion to extend time, 1993-05-03, to serve and file the Notice of intervention to April 29, 1993, So
1993-04-29 Notice of intervention respecting a constitutional question, (extension of time requested), with service Attorney General for Ontario
1993-04-29 Response to motion to extend time, to serve and file the Notice of Intervention of the A.G. Ontario Kenneth Ramsden
1993-04-29 Response to motion to extend time, to serve and file the Notice of Intervention of the A.G. Ontario Corporation of City of Peterborough
1993-04-29 Affidavit, to serve and file the Notice of Intervention; Lori Sterling, with service Attorney General for Ontario
1993-04-29 Motion to extend time, to serve and file a Notice of Intervention, with service Attorney General for Ontario
1993-04-28 Correspondence (sent by the Court) to, of Lori Sterling dated April 13, 1993 (Mailed on April 26 and received today) to advised the Court that the ATTORNEY GENERAL FOR ONTARIO intends to intervene and file a factum
1993-04-23 Appeal hearing
1993-04-21 Appeal removed from the list
1993-04-08 Proof of service, of the Appellant's factum on A.G.B.C.
1993-04-08 Proof of service, of the Case on Appeal on intervener A.G.B.C.
1993-04-08 Notice of intervention respecting a constitutional question, With service Attorney General of Canada
1993-03-31 Notice of intervention respecting a constitutional question, With service Attorney General of British Columbia
1993-03-17 Notice of constitutional question(s), With service Corporation of City of Peterborough
1993-03-16 Proof of service, of factum
1993-03-12 Order on motion to state a constitutional question, With service
1993-03-12 Order on motion to extend time, to state Constitutional Questions., with service
1993-03-12 Intervener's factum, 24 copies Corporation of City of Toronto
1993-03-10 Motion to state a constitutional question Corporation of City of Peterborough
1993-03-09 Decision on the motion to state a constitutional question, CJ, for Constitutional Questions see file or Reg's red book #9 @p 121. Interventions by the A.G. of all the provinces by April 13, 1993. Also will be removed from the list of March 31, 1993 and be placed on the list for hearings early in the sittings of this Court which commence on April 26, 1993.
Granted, no order as to costs
1993-03-09 Hearing of the motion to state a constitutional question, 1993-03-09, CJ
1993-03-09 Submission of motion to state a constitutional question, 1993-03-09, CJ
1993-03-09 Decision on motion to extend time, to state Constitutional Questions., CJ
Granted, no order as to costs
1993-03-09 Hearing of motion to extend time, 1993-03-09, to state Constitutional Questions., CJ
1993-03-09 Submission of motion to extend time, 1993-03-09, to state Constitutional Questions., CJ
1993-03-05 Correspondence (sent by the Court) to, from Gowling; re: will consent to the wording of the constitutional questions; wants to proceed with the hearing of March 31/93
1993-03-03 Affidavit, of Robert Maxwell in support of the motion to state constitutional question, with service Corporation of City of Peterborough
1993-03-03 Motion to state a constitutional question, With service Corporation of City of Peterborough
1993-03-03 Motion to extend time, to state a constitutional question, with service Corporation of City of Peterborough
1993-03-02 Appeal hearing scheduled, 1993-06-01
Decision reserved
1993-03-01 Proof of service, of factum
1993-02-26 Respondent's factum, 24 copies Kenneth Ramsden
1993-02-11 Order on motion for leave to intervene, With service
1993-02-05 Decision on the motion for leave to intervene, oral argument is limited to 15 minutes., So
Granted, no order as to costs
1993-02-05 Hearing of motion for leave to intervene, 1993-02-05, oral argument is limited to 15 minutes., So
1993-02-05 Submission of motion for leave to intervene, 1993-02-05, oral argument is limited to 15 minutes., So
1993-01-29 Order on motion to extend time, to serve and file the respondent's factum to Feb/25/1993, with service
1993-01-26 Decision on motion to extend time, to serve and file the respondent's factum to Feb/25/1993, L'HD
Granted, no order as to costs
1993-01-26 Hearing of motion to extend time, 1993-01-26, to serve and file the respondent's factum to Feb/25/1993, L'HD
1993-01-26 Submission of motion to extend time, 1993-01-26, to serve and file the respondent's factum to Feb/25/1993, L'HD
1993-01-20 Response to the motion for leave to intervene, of the Corporation of the City of Toronto (by fax) Corporation of City of Peterborough
1993-01-20 Response to motion to extend time, to serve and file the respondent's factum to Feb. 25/93 Corporation of City of Peterborough
1993-01-20 Affidavit, to serve and file the factum to Feb. 25/93; Peter R. Jervis Kenneth Ramsden
1993-01-20 Motion to extend time, to serve and file the factum to Feb. 25/93 Kenneth Ramsden
1992-12-22 Order on motion for leave to intervene, With service
1992-12-17 Decision on the motion for leave to intervene, and to present oral argument not to exceed 15 minutes., Ia
Granted, no order as to costs
1992-12-17 Hearing of motion for leave to intervene, 1992-12-17, and to present oral argument not to exceed 15 minutes., Ia
1992-12-17 Submission of motion for leave to intervene, 1992-12-17, and to present oral argument not to exceed 15 minutes., Ia
1992-11-30 Appeal perfected for hearing, Session beginning on 1993-04-26
1992-11-30 Appellant's factum, 24 copies, with service Corporation of City of Peterborough
1992-10-29 Affidavit, David Leibson, with service Corporation of City of Toronto
1992-10-29 Motion for leave to intervene, With service Corporation of City of Toronto
1992-10-16 Correspondence (sent by the Court) to, sent to Mr. Andrew Weretelnyk (Toronto,ON) Re: possibility appeal may be abandoned, however, our records indicate that no such notice has been received by the Court, and confirming rules of the Supreme Court of Canada do not provide for substituting appea
1992-10-13 Correspondence (sent by the Court) to, from Andrew Weretelnyk of City of Toronto; re: that there is a possibility that the appeal may be abandoned; Rules and Act re: substituting parties? (by fax)
1992-09-30 Case on appeal, 23 copies Corporation of City of Peterborough
1992-09-30 Proof of service, of Case on Appeal
1992-09-16 Correspondence (sent by the Court) to, of Gowling, Strathy & Henderson to advise that C.C.L.A. requests 15 to 20 minutes for oral argument at the hearing of the appeal with the right to apply for additional time
1992-09-04 Response to the motion for leave to intervene, by the Canadian Civil Liberties Association (by fax) Corporation of City of Peterborough
1992-08-31 Correspondence (sent by the Court) to, sent to (by Fax) Mr. Michael G. Martosh (Toronto, ON) from Mr. Claude E. Alain (Director, Legal Affairs) re: Notice of Appeal was filed on June 30/92. Application for leave to intervene must be made within 60 days after the filing of the notice of appeal,
1992-08-28 Response to the motion for leave to intervene, by Canadian Civil Liberties Association Kenneth Ramsden
1992-08-28 Correspondence (sent by the Court) to, of Michael G. Martosh to request informations to file an application for leave to intervene in this appeal (phone call 1992/09/01 at 11:45) (Original received on 1992/09/03)
1992-08-27 Correspondence (sent by the Court) to, (by fax) of Andrew Weretelnyk to request informations to bring a motion to intervene in this appeal (phone call on 1992/08/28 at 15:20)
1992-07-22 Affidavit, (of A. Alan Borovoy) Canadian Civil Liberties Association
1992-07-22 Motion for leave to intervene Canadian Civil Liberties Association
1992-06-30 Notice of appeal, With service Corporation of City of Peterborough
1992-06-04 Notice of deposit of judgment issued to all parties, Gardiner, Roberts (Toronto,ON)
1992-06-04 Notice of deposit of judgment issued to all parties, Lerner & Associates (Toronto,ON)
1992-06-04 Judgment of the Court on the application for leave to appeal, LaF So G, The application for leave to appeal is granted.
Granted, no order as to costs
1992-06-04 Hearing of the application for leave to appeal, 1992-06-04, LaF So G
1992-06-04 All materials on application for leave submitted to the Judges, 1992-06-04, LaF So G
1992-03-04 General proceeding, to note Corr. of Jonathan H. Wigley advising that the Prov. Offences Court of Ont. does not issue a formal order upon conviction of an individual, sent up along with leave material for adjudication
1992-03-03 All materials on application for leave submitted to the Judges, LaF So G
1992-01-15 Correspondence received from, of Jonathan H. Wigley advising that the Provincial Offences Court of Ontario do not issue a formal order upon the conviction of an individual Corporation of City of Peterborough
1992-01-15 Application for leave to appeal, as letter of Mr. Wigley filed, Completed on: 1992-01-15
1991-12-27 Correspondence received from, Sent to Gardiner, Roberts (Toronto,ON) acknowledge receipt of application for leave. Regret to advise that material does not comply with the Court's requirements as no formal order of trial court.
1991-12-20 $30.00 filing fee, receipt #23724 Corporation of City of Peterborough
1991-12-20 Application for leave to appeal, 5 copies (missing formal order of trial court), with service, Incomplete Corporation of City of Peterborough

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
Corporation of City of Peterborough Applicant Active

v.

Main parties - Respondents
Name Role Status
Ramsden, Kenneth Respondent Active

Other parties

Other parties
Name Role Status
Canadian Civil Liberties Association Intervener Active
Corporation of City of Toronto Intervener Active
Attorney General of British Columbia Intervener Active
Attorney General of Canada Intervener Active
Attorney General for Ontario Intervener Active

Counsel

Party: Corporation of City of Peterborough

Counsel
Name
J. Wigley
Contact information
Gardiner, Roberts
3100 - 40 KING ST W
TORONTO, Ontario
M5H 3Y2
Telephone: (416) 865-6600
FAX: (416) 865-6636
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Ramsden, Kenneth

Counsel
Name
Peter R. Jervis
Contact information
Lerner & Associates
2400 - 130 Adelaide St West
Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 867-3076
FAX: (416) 867-9192
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

Party: Canadian Civil Liberties Association

Counsel
Name
Neil Finkelstein
Contact information
Blake, Cassels & Graydon LLP
Commerce Court West
P.O. Box 25, 28th Floor
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2266
FAX: (416) 863-2653
Email: neil.finkelstein@blakes.com
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: Corporation of City of Toronto

Counsel
Name
Andrew A. Weretelnyk
Contact information
City of Toronto Legal Department
100 Queen St W
New City Hall
Toronto, Ontario
M5H 2N2
Telephone: (416) 392-7248
FAX: (416) 392-0024
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 British Columbia

Counsel
Name
Angela R. Westmacott
Contact information
Attorney General of British Columbia
1001 DOUGLAS ST
6TH FL
VICTORIA, British Columbia
V8V 1X4
Telephone: (604) 356-8400
Agent
Name
W.G. Burke-Robertson, Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General of Canada

Counsel
Name
Yvonne E. Milosevic
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-1122
FAX: (613) 996-9916

Party: Attorney General for Ontario

Counsel
Name
Lori R. Sterling
Contact information
Attorney General for Ontario
720 Bay Street
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4100
FAX: (416) 326-4181
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

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

February 28, 1989
Provincial Court of Ontario

Not available

Appeal dismissed

October 22, 1991
Court of Appeal for Ontario

547/89

Appeal allowed: convictions set aside and acquittal entered

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

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Webcasts

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Date modified: 2025-05-13