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24347

Leo Elgersma, et al. v. Attorney General for Ontario, et al.

(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)
1997-05-09 Appeal closed
1997-03-05 Record returned to the Registrar of the Court of Appeal, (9 boxes)
1997-01-10 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1997-01-10 Copy of formal judgment being prepared, Noël, Berthiaume, (Hull, QC)
1997-01-10 Copy of formal judgment being prepared, Gowling, Strathy & Henderson, (Ottawa, ON)
1997-01-10 Copy of formal judgment being prepared, Lang, Michener, (Ottawa, ON)
1997-01-10 Copy of formal judgment being prepared, Stikeman and Elliott, (Ottawa, ON)
1997-01-10 Copy of formal judgment being prepared, Nelligan, Power, (Ottawa, ON)
1997-01-10 Copy of formal judgment being prepared, Burke-Robertson, (Ottawa, ON)
1996-11-21 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is dismissed with costs. McLachlin J. dissenting in part and L'Heureux-Dubé J. dissenting. (for answers to constitutional questions see file)
Dismissed, with costs
1996-11-21 Notice of deposit of judgment sent to all parties, Noël, Berthiaume
1996-11-21 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson
1996-11-21 Notice of deposit of judgment sent to all parties, Lang, Michener
1996-11-21 Notice of deposit of judgment sent to all parties, Nelligan, Power
1996-11-21 Notice of deposit of judgment sent to all parties, Stikeman and Elliott
1996-11-21 Notice of deposit of judgment sent to all parties, Burke-Robertson
1996-11-21 Notice of deposit of judgment sent to all parties, Burke-Robertson
1996-02-15 Supplemental document, factum 24 copies sent to CJ LaF L'HD So G Co McL I Ma, Feb 15/96, with service Attorney General for Ontario
1996-02-05 Supplemental document, 11 copies (as per CJ's order at the hearing of the appeal) sent to CJ LaF L'HD So G Co McL I Ma, Feb 5/96, with service Ontario Federation of Independent Schools
1996-01-31 General proceeding, transcript received and ditributed to the justices (231 pages)
1996-01-23 Hearing of the appeal, 1996-01-23, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1996-01-23 Proof of service, of book of authorities
1996-01-22 Proof of service, of the Book of authorities (supplementary) - book form
1996-01-22 $50.00 filing fee for notice of motion, receipt #31434 Attorney General of Saskatchewan
1996-01-22 Correspondence (sent by the Court) to, from Lang, Michener re: duration of argument
1996-01-22 General proceeding, 10 copies of APPENDICES "B" AND "C" (GIVEN IN COURT BY THE INTERVENER) Metropolitan Toronto School Board
1996-01-22 General proceeding, 10 copies of RESPONDENTS' AID TO ORAL ARGUMENT (GIVEN IN COURT BY THE RESPONDENTS) Attorney General for Ontario
1996-01-22 General proceeding, 10 copies of BRIEF OF MATERIALS REFERRED TO IN ORAL ARGUMENT (GIVEN IN COURT BY THE APPELLANT) Leo Elgersma
1996-01-22 General proceeding, 10 copies of BRIEF OF EXCERPTS (GIVEN IN COURT BY THE APPELLANT) Susie Adler
1996-01-19 Supplemental document, BOOK OF AUTHORITIES 10 copies, with service Ontario Federation of Independent Schools
1996-01-19 Affidavit, of Thomson Irvine, with service Attorney General of Saskatchewan
1996-01-19 Motion to extend time, to file the A.G. Sask.'s factum to Jan. 12/96 ($50.00 requested), with service, Completed on: 1996-01-19 Attorney General of Saskatchewan
1996-01-19 Book of authorities, 10 copies (vol. 1 and 2), with service, Completed on: 1996-01-19 Ontario Multi-Faith Coalition for Equity in Education
1996-01-19 Correspondence (sent by the Court) to, from Gowlings dated Jan. 19/96 indicating concern with Charter issues which may arise at the hearing sent to CJ LaF L'HD So G Co McL I Ma, Jan 22/96
1996-01-19 Correspondence (sent by the Court) to, of Gowlings dated Jan. 18/96 re: duration of argument
1996-01-16 Reply factum on appeal, 24 copies (see order of June 21/95), with service, Completed on: 1996-01-16 Susie Adler
1996-01-16 Reply factum on appeal, 24 copies (see order of June 21/95), with service, Completed on: 1996-01-16 Leo Elgersma
1996-01-16 Book of authorities, VOLUME V (for all appellants), with service, Completed on: 1996-01-16 Leo Elgersma
1996-01-16 General proceeding, 10 copies of article entitled "Between a Rock and a Hard Place ..." Canadian Civil Liberties Association
1996-01-15 Correspondence (sent by the Court) to, from Noel, Berthiaume; re: Me Isabelle Harnois will take 15 minutes for submissions
1996-01-12 Book of authorities, 9 copies, with service, Completed on: 1996-01-12 Attorney General of Saskatchewan
1996-01-12 Intervener's factum, 24 copies, with service, Completed on: 1996-01-12 Attorney General of Saskatchewan
1996-01-09 Trial court record, 6 boxes
1996-01-04 Correspondence (sent by the Court) to, from Lang, Michener, letter dated Jan. 4/96 re: duration of argument (fax copy)
1996-01-03 Correspondence (sent by the Court) to, from Burke-Robertson, letter dated Jan. 3/96 re: duration of argument (fax copy)
1996-01-02 Book of authorities, 10 copies., Completed on: 1996-01-02 Canadian Civil Liberties Association
1996-01-02 Intervener's factum, 25 copies., with service, Completed on: 1996-01-02 Canadian Civil Liberties Association
1995-12-27 Book of authorities, 10 copies. Ontario Federation of Independent Schools
1995-12-19 Proof of service, of Cora Tanaka (factum of the Respondents on misc. motion)
1995-12-18 Decision on miscellaneous motion, McL, 1. The motion for an order prohibiting the intervenor OFIS from expanding or amending Constitutional Questions is dismissed, no such application having been placed before me. The only question which remains is whether the intervention can proceed upon the terms on which it was granted. Not having been pursuaded that the intervenor should be prevented from preceding in this fashion, it remains open to the Attorneys General to object to the intervenor's arguments on the basis of prejudice at the time of the hearing 2. The motion for an order confirming the filing of reply factums is dismissed. The matter was disposed of on June 21/95, and the order of that date stands. 3. The motion for an order allocating times is dismissed. This issue was settled by the order of June 21/95 and no change is to be made.
Dismissed, no order as to costs
1995-12-18 Hearing of miscellaneous motion, 1995-12-18, McL
1995-12-18 Submission of miscellaneous motion, 1995-12-18, McL
1995-12-15 Appeal hearing scheduled, 1996-01-23
Decision reserved
1995-12-14 Book of authorities, 10 copies of vols. 1 and 2 Metropolitan Toronto School Board
1995-12-14 General proceeding, 2 copies of Factum of the Respondents for the motion seeking to prohibit the expansion of the Constitutional question by an intervener Attorney General for Ontario
1995-12-12 General proceeding, 1 copy of factum on motion by A.G. Ontario, with service Ontario Federation of Independent Schools
1995-12-12 Response to motion to extend time, to file the A.G. Quebec's factum (letterform) Attorney General for Ontario
1995-12-12 Response to motion to extend time, to file the A.G. Quebec's factum (letterform) Leo Elgersma
1995-12-12 Decision on motion to extend time, to file the factum to Nov 30/95, Reg
Granted, no order as to costs
1995-12-12 Hearing of motion to extend time, 1995-12-12, to file the factum to Nov 30/95, Reg
1995-12-12 Submission of motion to extend time, 1995-12-12, to file the factum to Nov 30/95, Reg
1995-12-11 Book of authorities, 10 copies of vol. I & II, with service Attorney General for Ontario
1995-12-11 Correspondence (sent by the Court) to, (by fax) from H.W. Roger Townshend; re: material to be available at the hearing of the motion
1995-12-05 Proof of service, of the intervener factum
1995-11-30 $50.00 filing fee for notice of motion, receipt #31143 Attorney General of Quebec
1995-11-30 Affidavit, to file the factum to Nov. 30/95; Isabelle Harnois, with service Attorney General of Quebec
1995-11-30 Motion to extend time, to file the factum to Nov. 30/95, with service Attorney General of Quebec
1995-11-30 Intervener's factum, 24 copies, with service Attorney General of Quebec
1995-11-28 Proof of service, of factum
1995-11-27 Intervener's factum, 24 copies, with service Ontario Multi-Faith Coalition for Equity in Education
1995-11-27 Order on motion to extend time, to file the factum
1995-11-20 Response to motion to extend time, of Burke-Robertson re: motion to extend the time to file the intervener's factum (Ontario Multi- Faith Coalition) to Nov. 24/95 - fax copy Attorney General for Ontario
1995-11-20 Decision on motion to extend time, to file the factum to Nov 24/95, Reg
Granted, no order as to costs
1995-11-20 Hearing of motion to extend time, 1995-11-20, to file the factum to Nov 24/95, Reg
1995-11-20 Submission of motion to extend time, 1995-11-20, to file the factum to Nov 24/95, Reg
1995-11-16 $50.00 filing fee for notice of motion, receipt no. 31074 Attorney General for Ontario
1995-11-16 Affidavit, of Robert E. Charney (book form - 1 copy), with service Attorney General for Ontario
1995-11-16 Notice of miscellaneous motion, re: for an order prohibiting the intervener, Ontario Fed. of Independent Schools for amending the Const. questions, to file a reply limited to the issues raised by the interveners, directions concerning the allocation of time (book form) - 1 copy, with se Attorney General for Ontario
1995-11-15 $50.00 filing fee for notice of motion, receipt no. 31065 Attorney General for Ontario
1995-11-15 Order on motion to extend time, to file the factum
1995-11-15 Decision on motion to extend time, to file the factum to Jan 2/96, Reg
Granted, no order as to costs
1995-11-15 Hearing of motion to extend time, 1995-11-15, to file the factum to Jan 2/96, Reg
1995-11-15 Submission of motion to extend time, 1995-11-15, to file the factum to Jan 2/96, Reg
1995-11-10 Intervener's factum, 26 copies, with service Metropolitan Toronto School Board
1995-11-10 $50.00 filing fee for notice of motion, receipt no. 31050 Canadian Civil Liberties Association
1995-11-10 Correspondence (sent by the Court) to, from Tory, Tory re: do not oppose to the motion filed by CCLA (fax copy)
1995-11-10 Response to motion to extend time, of Robert Charney re: motion to extend the time to file the intervener's factum (CCLA) to Jan. 2/96 Attorney General for Ontario
1995-11-10 Response to motion to extend time, of E. Morgan and D. Brown re: motion to extend the time to file the intervener's factum (CCLA) to Jan. 2/96 Leo Elgersma
1995-11-10 Affidavit, of Patricia Jackson (re: motion to extend the time to file the intervener's factum to Jan. 2/96) Canadian Civil Liberties Association
1995-11-10 Motion to extend time, to file the intervener's factum to Jan. 2/96 Canadian Civil Liberties Association
1995-11-10 $50.00 filing fee for notice of motion, receipt no. 31042 Ontario Multi-Faith Coalition for Equity in Education
1995-11-10 Response to motion to extend time, of Stikeman, Elliott (re: motion to extend the time to file the intervener's factum of Ontario Multi-Faith Coalition to Nov. 24/95) - fax copy Leo Elgersma
1995-11-10 Affidavit, of Elizabeth K. P. Grace (re: motion to extend the time to file the intervener's factum to Nov. 24/ 95) - 1 copy, with service Ontario Multi-Faith Coalition for Equity in Education
1995-11-10 Motion to extend time, to file the intervener's factum to Nov. 24/95 (1 copy), with service Ontario Multi-Faith Coalition for Equity in Education
1995-11-07 Intervener's factum, 24 copies, with service Ontario Federation of Independent Schools
1995-11-01 Decision on motion to file a lengthy factum, DeRg
Granted, no order as to costs
1995-11-01 Hearing of motion to file a lengthy factum, 1995-11-01, DeRg
1995-11-01 Submission of motion to file a lengthy factum, 1995-11-01, DeRg
1995-10-27 Proof of service, of the respondent's factum to C.C.L.A.
1995-10-27 Response to the motion to file a lengthy factum, of David M. Brown Leo Elgersma
1995-10-27 Response to the motion to file a lengthy factum, of Ed Morgan Susie Adler
1995-10-27 Affidavit, of Robert E. Charney (re: motion to file a lenghty factum (60 pages), with service Attorney General for Ontario
1995-10-27 Motion to file a lengthy factum, (60 pages) ($50. 00 requested), with service Attorney General for Ontario
1995-10-25 Appeal perfected for hearing
1995-10-25 Respondent's factum, 24 copies (motion resquested for a lenghty memorandum - 60 pages) Karen advised, with service Attorney General for Ontario
1995-09-29 Appeal court record, (2 boxes)
1995-09-06 Book of authorities, 10 copies of vol. I to IV (for all appellants), with service Leo Elgersma
1995-09-05 Proof of service, of the appellant's factum (L. Elgersma) to interveners Ont. Federation and Canadian Civil Liberties
1995-09-01 Proof of service, of the case on appeal and supplementary case on appeal
1995-09-01 Appellant's factum, 24 copies (see order dated June 22/95), with service Leo Elgersma
1995-08-31 Appellant's factum, 24 copies (see order of Reg. dated June 28/95), with service Susie Adler
1995-08-31 General proceeding, 10 copies of CASE ON APPEAL "GENERAL INDEX" Leo Elgersma
1995-08-31 Supplemental document, 23 copies of SUPPLEMENTARY CASE ON APPEAL - see order dated June 22, 1995 Leo Elgersma
1995-08-31 Case on appeal, 10 copies of vol. 1 to 15 "Book of Evidence" - see order June 22, 1995 Leo Elgersma
1995-07-10 Correspondence (sent by the Court) to, from John Olthuis of Morris, Rose, Ledgett, letter dated July 5, 1995 re: to amend the Constitutional Question
1995-06-28 Order on motion to extend time, to file the case and factums
1995-06-22 Decision on motion to reduce number of copies, order will go allowing the filing of 10 copies of the evidence and 24 copies of a supplementary case on appeal containing the documents required in Parts I and IV of a case, Reg
Granted, no order as to costs
1995-06-22 Hearing of motion to reduce number of copies, 1995-06-22, order will go allowing the filing of 10 copies of the evidence and 24 copies of a supplementary case on appeal containing the documents required in Parts I and IV of a case, Reg
1995-06-22 Submission of motion to reduce number of copies, 1995-06-22, order will go allowing the filing of 10 copies of the evidence and 24 copies of a supplementary case on appeal containing the documents required in Parts I and IV of a case, Reg
1995-06-22 Decision on motion to extend time, to file the case on appeal to Sept. 1/95 and factums, Reg
Granted, no order as to costs
1995-06-22 Hearing of motion to extend time, 1995-06-22, to file the case on appeal to Sept. 1/95 and factums, Reg
1995-06-22 Submission of motion to extend time, 1995-06-22, to file the case on appeal to Sept. 1/95 and factums, Reg
1995-06-21 Decision on the motion for leave to intervene, (for order see intervention by Metro Toronto School Board of same date), McL
Granted, no order as to costs
1995-06-21 Hearing of motion for leave to intervene, 1995-06-21, (for order see intervention by Metro Toronto School Board of same date), McL
1995-06-21 Submission of motion for leave to intervene, 1995-06-21, (for order see intervention by Metro Toronto School Board of same date), McL
1995-06-21 Decision on the motion for leave to intervene, (for order see intervention of Metro Toronto School Board of same date), McL
Granted, no order as to costs
1995-06-21 Hearing of motion for leave to intervene, 1995-06-21, (for order see intervention of Metro Toronto School Board of same date), McL
1995-06-21 Submission of motion for leave to intervene, 1995-06-21, (for order see intervention of Metro Toronto School Board of same date), McL
1995-06-21 Decision on the motion for leave to intervene, (for order see intervention by Metro Toronto School Board of same date), McL
Granted, no order as to costs
1995-06-21 Hearing of motion for leave to intervene, 1995-06-21, (for order see intervention by Metro Toronto School Board of same date), McL
1995-06-21 Submission of motion for leave to intervene, 1995-06-21, (for order see intervention by Metro Toronto School Board of same date), McL
1995-06-21 Decision on the motion for leave to intervene, McL, 1. The motion for leave to intervene by the Metropolitan Toronto School Board is granted. The applicant may file a 30 page factum and is granted 30 minutes for oral argument in the above appeal. 2. The motion for leave to intervene by the Canadian Civil Liberties Association is granted. The applicant may file a 20 page factum and is granted 15 minutes for oral argument in the above appeal. 3. The motion for leave to intervene by the Ontario Federation of Independent Schools is granted. The applicant may file a 20 page factum and is granted 15 minutes for oral argument in the above appeal. 4. The motion for leave to intervene by the Ontario Multi-Faith Coalition for Equity in Education is granted. The applicant may file a 30 page factum and is granted 15 minutes for oral argument in the above appeal. 5. Each appellant may file a reply factum of 10 pages in the above appeal.
Granted, no order as to costs
1995-06-21 Hearing of motion for leave to intervene, 1995-06-21, McL
1995-06-21 Submission of motion for leave to intervene, 1995-06-21, McL
1995-06-16 Notice of intervention respecting a constitutional question, (1 copy), with service Attorney General of Quebec
1995-06-15 Response to motion to reduce number of copies, 2 copies Attorney General for Ontario
1995-06-15 Affidavit, 2 copies; David Moseley Brown, with service Leo Elgersma
1995-06-15 Motion to reduce number of copies, (filing 10 copies of the evidence and 24 copies of a supplementary case on appeal containing the documents required in Parts I and IV) 2 copies, with service Leo Elgersma
1995-06-15 Affidavit, to file the Case on Appeal to Sept. 1/95; 2 copies; David Moseley Brown, with service Leo Elgersma
1995-06-15 Motion to extend time, to file the Case on Appeal and Appellants' factums to Sept. 1, 1995, with service Leo Elgersma
1995-06-02 Notice of intervention respecting a constitutional question, With service Attorney General of Saskatchewan
1995-05-23 Notice of constitutional question(s), With service Leo Elgersma
1995-05-19 Order on motion to state a constitutional question
1995-05-12 Decision on the motion to state a constitutional question, notices of intention to intervene are to be filed no later than June 19/95 (for questions see file), CJ
Granted, no order as to costs
1995-05-12 Hearing of the motion to state a constitutional question, 1995-05-12, notices of intention to intervene are to be filed no later than June 19/95 (for questions see file), CJ
1995-05-12 Submission of motion to state a constitutional question, 1995-05-12, notices of intention to intervene are to be filed no later than June 19/95 (for questions see file), CJ
1995-05-11 Correspondence (sent by the Court) to, (by fax) from Davies, Ward; re: small changes to the constitutional questions and approval
1995-04-21 Response to the motion for leave to intervene, of Robert E. Charney (re: misc. motions and motion to intervene by Met. Toronto School Board and Ontario Public School Board Ass.) - letter form Attorney General for Ontario
1995-04-20 Response to the motion for leave to intervene, of David Brown, counsel for L. Elgersma to the motion to intervene by Ontario Multi-Faith Coalition (fax copy - letter form) Leo Elgersma
1995-04-19 Affidavit, of G. Vandezande et al (2 copies - book form), with service Ontario Multi-Faith Coalition for Equity in Education
1995-04-19 Motion for leave to intervene, 2 copies (book form), with service Ontario Multi-Faith Coalition for Equity in Education
1995-04-19 Motion to extend time, to file the motion to intervene (included in the motion to intervene - 2 copies - book form), with service Ontario Multi-Faith Coalition for Equity in Education
1995-04-18 Correspondence (sent by the Court) to, (by fax) of David M. Brown (dated April 17/95)to advise the Court that he concurs with the positions stated by Mr. Morgan in his letters dated April 13/95 regarding the additional Constitutional Questions proposed by the Attorney General of Ontario
1995-04-13 Correspondence (sent by the Court) to, of Edward M. Morgan (Davies, Ward & Beck) to advise the Court that the appellants DO NOT AGREE to the two additional Constitutional Questions proposed by the Attorney General of Ontario
1995-04-13 Correspondence (sent by the Court) to, of Edward M. Morgan (Davies, Ward & Beck) to advise the Court that the appellants OBJECT to any intervener being given more than 15 minutes for oral argument namely for Canadian Civil Liberties
1995-04-11 Correspondence (sent by the Court) to, of Martine Band (Stikeman, Elliott) to advise the Court that Bruce Caughill will be assuming responsability of the file
1995-04-07 Response to the motion for leave to intervene, of the Ontario Federation of Independent Schools Attorney General for Ontario
1995-04-07 Response to the motion for leave to intervene, of the Ontario Federation of Independent Schools Susie Adler
1995-04-07 Response to the motion for leave to intervene, of the Ontario Federation of Independent Schools Leo Elgersma
1995-04-07 Affidavit, (of Elaine Hopkins) (bookform), with service Ontario Federation of Independent Schools
1995-04-07 Motion for leave to intervene, (bookform), with service Ontario Federation of Independent Schools
1995-04-06 Correspondence (sent by the Court) to, (by fax) of David M. Brown (Stikeman, Elliott) to advise the Court that he does NOT OPPOSE the application for leave to intervene of Canadian Civil Liberties but DO NOT AGREE of the two Constitutional Questions proposed by the Attorney General of Ontario
1995-04-05 Affidavit, 2 copies; A. Alan Borovoy, with service Canadian Civil Liberties Association
1995-04-05 Motion for leave to intervene, 2 copies, with service Canadian Civil Liberties Association
1995-04-05 Motion to state a constitutional question, ADDITIONAL, with service Attorney General for Ontario
1995-04-05 Response to the motion for leave to intervene, of the Canadian Civil Liberties Attorney General for Ontario
1995-03-30 Motion to state a constitutional question Leo Elgersma
1995-03-10 Affidavit, of Donald J. McVicar re: motion to intervene and misc. motions - 1 copy, with service Metropolitan Toronto School Board
1995-03-10 Affidavit, of Michael Benson re: motions to intervene and misc. motions - 1 copy, with service Metropolitan Toronto School Board
1995-03-10 Motion for leave to intervene, (joint with Ontario Public School Boards' Ass.) (JOINT WITH MISC. MOTIONS - TO FILE A SUPP. CASE ON APPEAL, JOINT FACTUM OF 30 PAGES), with service Metropolitan Toronto School Board
1995-02-15 Correspondence (sent by the Court) to, from Robert E. Charney (letter dated Feb. 14/95) re: consent to use the same Ottawa agent for the intervener, Metro Toronto School Board (fax copy)
1995-02-13 Order granting leave to appeal
1995-02-09 Correspondence (sent by the Court) to, sent to A.G. for ON (Toronto, ON) enclosing copy of Rule 32 c.c. Burke-Robertson
1995-02-09 Correspondence (sent by the Court) to, sent to Davies, Ward & Beck (Toronto, ON) enclosing copy of Rule 32 c.c. Stikeman & Elliott
1995-02-09 Correspondence (sent by the Court) to, sent to Stikeman, Elliott (Toronto, ON) enclosing copy of Rule 32 cc. Stikeman and Elliott (Ottawa)
1995-02-06 Notice of deposit of security
1995-02-06 Notice of appeal, 2 copies, with service Leo Elgersma
1995-02-06 $500 security deposit paid, receipt no. 2333 Leo Elgersma
1995-02-03 Notice of deposit of judgment issued to all parties, Burke-Robertson
1995-02-03 Notice of deposit of judgment issued to all parties, Stikeman and Elliott (Ottawa, ON)
1995-02-03 Notice of deposit of judgment issued to all parties, Brian A. Kelsey, Q.C. (Toronto, ON)
1995-02-02 Judgment of the Court on the application for leave to appeal, CJ G Ia, The applications for leave to appeal are granted.
Granted, no order as to costs
1994-11-24 All materials on application for leave submitted to the Judges, CJ G Ia
1994-11-22 Decision on motion for leave to intervene, on consent order may go granting the Metropolitan Toronto School Board leave to intervene and to file a memorandum in this application, Co
Granted, no order as to costs
1994-11-22 Hearing of motion for leave to intervene, 1994-11-22, on consent order may go granting the Metropolitan Toronto School Board leave to intervene and to file a memorandum in this application, Co
1994-11-22 Submission of motion for leave to intervene, 1994-11-22, on consent order may go granting the Metropolitan Toronto School Board leave to intervene and to file a memorandum in this application, Co
1994-11-21 Order on motion to file a lengthy memorandum of argument
1994-11-18 Decision on motion to file a lengthy memorandum of argument, of 31 pages on both leave applications, Reg
Granted, no order as to costs
1994-11-18 Hearing of motion to file a lengthy memorandum of argument, 1994-11-18, of 31 pages on both leave applications, Reg
1994-11-18 Submission of motion to file a lengthy memorandum of argument, 1994-11-18, of 31 pages on both leave applications, Reg
1994-11-18 Affidavit, (of Brian Aubrey Kelsey) Metropolitan Toronto School Board
1994-11-18 Motion for leave to intervene, and to file a memorandum of argument Metropolitan Toronto School Board
1994-11-17 Applicant's reply to respondent's argument, 5 copies, with service Leo Elgersma
1994-11-17 Affidavit, 20 pages (31 p.)(of Robert E. Charney), with service Attorney General for Ontario
1994-11-17 Motion to file a lengthy memorandum of argument, of 31 pages, with service Attorney General for Ontario
1994-11-14 Intervener's memorandum of argument on application for leave, 5 copies, with service Metropolitan Toronto School Board
1994-11-14 Response to the motion for leave to intervene, of Metropolitan Toronto School Board filed on behalf Susie Adler and Her Majesty the Queen in Right of Ontario
1994-11-14 Response to the motion for leave to intervene, of the Metropolitan Toronto School Board filed on behalf the Attorney General of Ontario and Leo Elgersma
1994-11-14 General proceeding, 5 copies (RESPONDENTS' APPLICATION RECORD) see respondent's response (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL), with service Attorney General for Ontario
1994-11-14 Respondent's response on the application for leave to appeal, 5 copies (32 pages), with service Attorney General for Ontario
1994-11-14 Response to the motion to file a lengthy memorandum of argument, of 31 pages Susie Adler
1994-11-14 Response to the motion to file a lengthy memorandum of argument, of 31 pages Leo Elgersma
1994-11-03 Correspondence received from, of Mr. Robert E. Houston to advise the Court that Mr. Charney, counsel for the respondent proposes to file only one response of 31 pages for both leave applications Attorney General for Ontario
1994-11-03 Correspondence received from, sent to Burke-Robertson enclosing copy of letter dated Nov 3/94 sent to applicant
1994-11-03 Correspondence received from, sent to Stikeman and Elliott (Ottawa, ON) to acknowledge receipt of material commencing a proceeding
1994-10-31 Book of authorities, 5 copies of vol. 1 to 4 (JOINT) Leo Elgersma
1994-10-27 $30.00 filing fee, receipt #21157 Susie Adler
1994-10-27 $30.00 filing fee, receipt #21148 Leo Elgersma
1994-10-27 Application for leave to appeal, 5 copies of memorandum of argument - SECOND APPLICATION, with service, Completed on: 1994-10-27 Susie Adler
1994-10-27 Application for leave to appeal, 5 copies of JOINT application vols. 1 to 3 + 5 copies of memorandum of argument - FIRST APPLICATION, with service, Completed on: 1994-10-27 Leo Elgersma

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
Elgersma, Leo Applicant Active
Pott, Harry Applicant Active
Dostal, Raymond Applicant Active
Fernhout, Harry Applicant Active
Ontario Alliance of Christian School Societies Applicant Active

v.

Main parties - Respondents
Name Role Status
Attorney General for Ontario Respondent Active
Minister of Education Respondent Active
Minister of Health Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Adler, Susie Applicant Active
Grossman, Mark Applicant Active
Kezwer, Paula Applicant Active
Rapp, Marcy Applicant Active
Young, Riky Applicant Active

v.

Sub parties (1) - Respondents
Name Role Status
Her Majesty the Queen in Right of Ontario Respondent Active
Minister of Education Respondent Active
Minister of Health Respondent Active

Other parties

Other parties
Name Role Status
Metropolitan Toronto School Board Intervener Active
Ontario Public School Boards' Association Intervener Pending
Canadian Civil Liberties Association Intervener Active
Ontario Federation of Independent Schools Intervener Active
Ontario Multi-Faith Coalition for Equity in Education Intervener Active
Attorney General of Saskatchewan Intervener Active
Attorney General of Quebec Intervener Active

Counsel

Party: Elgersma, Leo

Counsel
Name
David M. Brown
Contact information
Stikeman, Elliott
5300 Commerce Ct West
199 Bay Street
Toronto, Ontario
M5L 1B9
Telephone: (416) 869-5602
FAX: (416) 947-0866
Agent
Name
Bruce C. Caughill
Contact information
Stikeman, Elliott
914 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 234-4555
FAX: (613) 230-8877

Party: Adler, Susie

Counsel
Name
Edward M. Morgan
Contact information
Davies Ward Phillips & Vineberg LLP
1 FIRST CANADIAN PL 44TH FL
PO BOX 63
TORONTO, Ontario
M5X 1B1
Telephone: (416) 863-0900
FAX: (416) 863-0871
Agent
Name
Bruce C. Caughill
Contact information
Stikeman, Elliott
914 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 234-4555
FAX: (613) 230-8877

Party: Pott, Harry

Counsel
Name
David M. Brown
Contact information
Stikeman, Elliott
5300 Commerce Ct West
199 Bay Street
Toronto, Ontario
M5L 1B9
Telephone: (416) 869-5602
FAX: (416) 947-0866
Agent
Name
Martine M.N. Band
Contact information
Stikeman, Elliott
914 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 234-4555
FAX: (613) 230-8877

Party: Dostal, Raymond

Counsel
Name
David M. Brown
Contact information
Stikeman, Elliott
5300 Commerce Ct West
199 Bay Street
Toronto, Ontario
M5L 1B9
Telephone: (416) 869-5602
FAX: (416) 947-0866
Agent
Name
Martine M.N. Band
Contact information
Stikeman, Elliott
914 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 234-4555
FAX: (613) 230-8877

Party: Fernhout, Harry

Counsel
Name
David M. Brown
Contact information
Stikeman, Elliott
5300 Commerce Ct West
199 Bay Street
Toronto, Ontario
M5L 1B9
Telephone: (416) 869-5602
FAX: (416) 947-0866
Agent
Name
Martine M.N. Band
Contact information
Stikeman, Elliott
914 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 234-4555
FAX: (613) 230-8877

Party: Ontario Alliance of Christian School Societies

Counsel
Name
David M. Brown
Contact information
Stikeman, Elliott
5300 Commerce Ct West
199 Bay Street
Toronto, Ontario
M5L 1B9
Telephone: (416) 869-5602
FAX: (416) 947-0866
Agent
Name
Martine M.N. Band
Contact information
Stikeman, Elliott
914 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 234-4555
FAX: (613) 230-8877

Party: Grossman, Mark

Counsel
Name
Edward M. Morgan
Contact information
Davies Ward Phillips & Vineberg LLP
1 FIRST CANADIAN PL 44TH FL
PO BOX 63
TORONTO, Ontario
M5X 1B1
Telephone: (416) 863-0900
FAX: (416) 863-0871
Agent
Name
Martine M.N. Band
Contact information
Stikeman, Elliott
914 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 234-4555
FAX: (613) 230-8877

Party: Kezwer, Paula

Counsel
Name
Edward M. Morgan
Contact information
Davies Ward Phillips & Vineberg LLP
1 FIRST CANADIAN PL 44TH FL
PO BOX 63
TORONTO, Ontario
M5X 1B1
Telephone: (416) 863-0900
FAX: (416) 863-0871
Agent
Name
Martine M.N. Band
Contact information
Stikeman, Elliott
914 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 234-4555
FAX: (613) 230-8877

Party: Rapp, Marcy

Counsel
Name
Edward M. Morgan
Contact information
Davies Ward Phillips & Vineberg LLP
1 FIRST CANADIAN PL 44TH FL
PO BOX 63
TORONTO, Ontario
M5X 1B1
Telephone: (416) 863-0900
FAX: (416) 863-0871
Agent
Name
Martine M.N. Band
Contact information
Stikeman, Elliott
914 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 234-4555
FAX: (613) 230-8877

Party: Young, Riky

Counsel
Name
Edward M. Morgan
Contact information
Davies Ward Phillips & Vineberg LLP
1 FIRST CANADIAN PL 44TH FL
PO BOX 63
TORONTO, Ontario
M5X 1B1
Telephone: (416) 863-0900
FAX: (416) 863-0871
Agent
Name
Martine M.N. Band
Contact information
Stikeman, Elliott
914 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 234-4555
FAX: (613) 230-8877

Party: Attorney General for Ontario

Counsel
Name
Robert Earl Charney
Contact information
Attorney General for Ontario
720 Bay Street
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4452
FAX: (416) 326-4015
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: Minister of Education

Counsel
Name
Robert Earl Charney
Contact information
Attorney General for Ontario
720 Bay Street
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4452
FAX: (416) 326-4015
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: Minister of Health

Counsel
Name
Robert Earl Charney
Contact information
Attorney General for Ontario
720 Bay Street
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4452
FAX: (416) 326-4015
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: Her Majesty the Queen in Right of Ontario

Counsel
Name
Robert Earl Charney
Contact information
Attorney General for Ontario
720 Bay Street
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4452
FAX: (416) 326-4015
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: Metropolitan Toronto School Board

Counsel
Name
Brian A. Kelsey, Q.C.
Contact information
77 St. Clair Avenue East
Suite 2004
Toronto, Ontario
M4T 1M5
Telephone: (416) 929-6308
FAX: (416) 929-9180
Email: kelseyqc@globalserve.net
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: Ontario Public School Boards' Association

Counsel
Name
Brian A. Kelsey, Q.C.
Contact information
77 St. Clair Avenue East
Suite 2004
Toronto, Ontario
M4T 1M5
Telephone: (416) 929-6308
FAX: (416) 929-9180
Email: kelseyqc@globalserve.net
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: Canadian Civil Liberties Association

Counsel
Name
Patricia D.S. Jackson
Contact information
Tory Tory DesLauriers & Binningnton
3000 AETNA TOWER
PO BOX 270 STN TORONTO DOMINION
TORONTO, Ontario
M5K 1N2
Telephone: (416) 865-0040
FAX: (416) 865-7380
Agent
Name
J.J. Mark Edwards
Contact information
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Ontario Federation of Independent Schools

Counsel
Name
John A. Olthuis
Contact information
Morris/ Rose/Ledgett
2700 - 161 BAY ST
TORONTO, Ontario
M5J 2S1
Telephone: (416) 863-9400
FAX: (416) 863-9500
Agent
Name
Norman Fera
Contact information
Lang, Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

Party: Ontario Multi-Faith Coalition for Equity in Education

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
Eugene Meehan, Q.C.
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca

Party: Attorney General of Saskatchewan

Counsel
Name
Thomson Irvine
Contact information
Attorney General for Saskatchewan
1874 Scarth St - 8th Floor
PO Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-6307
FAX: (306) 787-9111
Email: Tom.irvine@gov.sk.ca
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
Name
Isabelle Harnois
Contact information
Procureur général du Québec
1200, Route de l'Église
2e étage
Ste-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

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

July 6, 1994
Court of Appeal for Ontario

C12914 & C12975

appeals dismissed

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