Case information
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25811
Erichs Tobiass, et al. v. Minister of Citizenship and Immigration, et al.
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1997-10-31 | Formal judgment sent to the registrar of the court of appeal and all parties, FCA | |
| 1997-10-31 | Copy of formal judgment being prepared, all parties | |
| 1997-09-30 | Appeal closed | |
| 1997-09-30 | Record returned to the Registrar of the Court of Appeal, (4 boxes) | |
| 1997-09-25 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is dismissed. The stay of proceedings is set aside and the cases against the appellants are directed to proceed before a judge of the Trial Division. In accordance with s. 6(3) of the Federal Court Act, which provides for the precedence of judges in the event that the Chief Justice and Associate Chief Justice are unable to act, the senior judge who is able to act should choose a presiding judge from amoung those judges of the Trial Division who have heretofore had nothing to do with conduct of these cases. The judge thus chosen will ignore any undertakings that Isaac C.J. or Jerome A.C.J. made to Mr. Thompson. Neither Isaac C.J. nor Jerome A.C.J. will have anything further to do with these cases. Under all the circumstances, costs are awarded to the appellants here and in the courts below. Dismissed, no order as to costs |
|
| 1997-09-25 | Notice of deposit of judgment sent to all parties, Bayne, Sellar, Boxall (Ottawa, ON) | |
| 1997-09-25 | Notice of deposit of judgment sent to all parties, A.G. of Canada (Ottawa, ON) | |
| 1997-09-25 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1997-08-08 | Correspondence (sent by the Court) to, (by fax) from Michael Code; re: attach respondent`s memorandum of argument in Nagra v. Secretary of State of Canada, sent to CJ, LaF, L'HD, So, G, Co, McL, I, Ma, August 13/97 (original filed Aug. 15\97) | |
| 1997-07-31 | Correspondence (sent by the Court) to, (by fax) from G. Abols, D. Bayne, M. Code; re: Cullen J.'s order staying the citizenship revocation proceedings against them cannot be reviewed by this Court (original filed Aug. 5\97), sent to CJ, LaF, L'HD, So, G, Co, McL, I, Ma, Aug. 1/97 | |
| 1997-07-21 | Correspondence (sent by the Court) to, from Ian Binnie to A. Roland, letter dated July 18 , 1997 (fax copy) re: response to the appellant's letter dated July 4, 1997 (sent to panel on July 23, 97) (original received on July 24, 1997) | |
| 1997-07-15 | General proceeding, transcripts received and distributed to the judges (104 pages) | |
| 1997-07-07 | Correspondence (sent by the Court) to, (by fax) from Gesta Abols, Donald Bayne and Michael Code; re: to apply directly to the Court for leave to appeal from the trial level decision of Cullen, J., sent to CJ, LaF, L'HD, So, G, Co, McL, I, Ma, July 9/97 (original received on July 11, 1997) | |
| 1997-06-26 | General proceeding, 11 copies of Extracts of Evidence given in Court | Minister of Citizenship and Immigration |
| 1997-06-26 |
Hearing of the appeal, 1997-06-26, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1997-06-24 | General proceeding, 1 VIDEO FILED BY K. NARVEY RE: MOTION TO INTERVENE | |
| 1997-06-24 | General proceeding, reply (letterform) to the Appellants' response to the motion for leave to intervene | Kenneth M. Narvey |
| 1997-06-24 |
Decision on the motion for leave to intervene, McL Dismissed, no order as to costs |
|
| 1997-06-24 | Hearing of motion for leave to intervene, 1997-06-24, McL | |
| 1997-06-24 | Submission of motion for leave to intervene, 1997-06-24, McL | |
| 1997-06-23 | Correspondence (sent by the Court) to, (by fax) dated June 23/97 from Donald B. Bayne re: adopts the same position of the appellant Oberlander in respect of the proposed intervener Narvey | |
| 1997-06-23 | General proceeding, 10 copies of APPELLANTS' JOINT BOOK OF STATUTORY PROVISIONS, with service | Erichs Tobiass |
| 1997-06-23 | Book of authorities, 10 copies of vol. 1 to 4 (joint), with service, Completed on: 1997-06-23 | Erichs Tobiass |
| 1997-06-23 | Correspondence (sent by the Court) to, (by fax) dated June 23/97 from Michael Code in response to Mr. Narvey's motion for leave to intervene | |
| 1997-06-23 | Correspondence (sent by the Court) to, (by fax) from Gesta J. Abols; re: adopts the position of Oberlander in respect to the intervention of K.M. Narvey | |
| 1997-06-23 | Order on motion to file a lengthy factum | |
| 1997-06-10 | Order on motion to extend time, to file their factum and to file a lengthy factum | |
| 1997-06-10 |
Decision on motion to extend time, to file their factum to June 9/97, Reg Granted, no order as to costs |
|
| 1997-06-10 | Hearing of motion to extend time, 1997-06-10, to file their factum to June 9/97, Reg | |
| 1997-06-10 | Submission of motion to extend time, 1997-06-10, to file their factum to June 9/97, Reg | |
| 1997-06-10 |
Decision on motion to file a lengthy factum, (namely 55 pages), Reg Granted, no order as to costs |
|
| 1997-06-10 | Hearing of motion to file a lengthy factum, 1997-06-10, (namely 55 pages), Reg | |
| 1997-06-10 | Submission of motion to file a lengthy factum, 1997-06-10, (namely 55 pages), Reg | |
| 1997-06-09 | Respondent's factum, 24 copies, with service, Completed on: 1997-06-09 | Minister of Citizenship and Immigration |
| 1997-06-06 | Correspondence (sent by the Court) to, (by fax) dated June 6/97 from Gesta J. Abols adopting the position of the Appellant Oberlander re: intervention of J.Edward Thompson | |
| 1997-06-06 | Response to the motion to file a lengthy factum, (55 pages) (joint with Oberlander and Dueck), Completed on: 1997-06-06 | Erichs Tobiass |
| 1997-06-06 | Affidavit, (55 pages) Colin Stephen Baxter | Minister of Citizenship and Immigration |
| 1997-06-06 | Motion to file a lengthy factum, (55 pages), Completed on: 1997-06-06 | Minister of Citizenship and Immigration |
| 1997-06-06 | Response to motion to extend time, to file the respondent's factum to June 9/97 (joint with Tobias and Oberlander), Completed on: 1997-06-06 | Johann Dueck |
| 1997-06-06 |
Decision on the motion for leave to intervene, G, Having regard to the issue to be decided by the Court, namely the ordering of a stay of proceedings, I am not satisfied that the proposed submissions by the applicant will be both useful and different from those put forward by the parties, nor that it is appropriate in the circumstances to allow the intervention. Dismissed, no order as to costs |
|
| 1997-06-06 | Hearing of motion for leave to intervene, 1997-06-06, G | |
| 1997-06-06 | Submission of motion for leave to intervene, 1997-06-06, G | |
| 1997-06-06 | $50.00 filing fee for notice of motion, receipt #34287 | Minister of Citizenship and Immigration |
| 1997-06-06 | Response to motion to extend time, to file the respondent's factum to June 9/97 (joint with Tobiass and Dueck), Completed on: 1997-06-06 | Helmut Oberlander |
| 1997-06-06 | Response to motion to extend time, to file the respondent's factum to June 9/97 (joint with Oberlander and Dueck), Completed on: 1997-06-06 | Erichs Tobiass |
| 1997-06-06 | Affidavit, to file the factum to June 9/97; Colin Stephen Baxter; 2 copies | Minister of Citizenship and Immigration |
| 1997-06-06 | Motion to extend time, to file the factum to June 9/97; 2 copies, Completed on: 1997-06-06 | Minister of Citizenship and Immigration |
| 1997-06-05 | Proof of service, of Appellant's Dueck factum upon the Canadian Jewish Congress | |
| 1997-06-05 | General proceeding, response by Dueck to the intervention of J. Edward Thompson (bookform), with service | Johann Dueck |
| 1997-06-05 | General proceeding, response of Oberlander to the intervention of J. Edward Thompson (bookform), with service | Helmut Oberlander |
| 1997-06-05 | Correspondence (sent by the Court) to, (by fax) dated June 4/97 from Colin S. Baxter (McCarthy Tétrault) re: neither supports nor oppose the intervention of Mr. Thompson AND takes no position with respect to the facta filed by the Appellants | |
| 1997-06-05 |
Decision on motion to file a lengthy factum, - namely 50 pages -, Reg Granted, no order as to costs |
|
| 1997-06-05 | Hearing of motion to file a lengthy factum, 1997-06-05, - namely 50 pages -, Reg | |
| 1997-06-05 | Submission of motion to file a lengthy factum, 1997-06-05, - namely 50 pages -, Reg | |
| 1997-06-05 |
Decision on motion to file a lengthy factum, - namely 48 pages -, Reg Granted, no order as to costs |
|
| 1997-06-05 | Hearing of motion to file a lengthy factum, 1997-06-05, - namely 48 pages -, Reg | |
| 1997-06-05 | Submission of motion to file a lengthy factum, 1997-06-05, - namely 48 pages -, Reg | |
| 1997-06-03 | Correspondence (sent by the Court) to, (by fax) from Michael Davies; re: adopts the submissions of Oberlander with respect to the intervention by the League for Human Rights of B'Nai Brith Canada (original received on June 9, 1997) | |
| 1997-06-03 |
Decision on the motion for leave to intervene, While the applicant has an interest in the present appeal, I am not satisfied that its submissions are both useful and different from those of the parties including the other intervener, G Dismissed, no order as to costs |
|
| 1997-06-03 | Hearing of motion for leave to intervene, 1997-06-03, While the applicant has an interest in the present appeal, I am not satisfied that its submissions are both useful and different from those of the parties including the other intervener, G | |
| 1997-06-03 | Submission of motion for leave to intervene, 1997-06-03, While the applicant has an interest in the present appeal, I am not satisfied that its submissions are both useful and different from those of the parties including the other intervener, G | |
| 1997-06-02 | Notice of miscellaneous motion, (to abridge the time for responding, to expedite the hearing of this motion, to submit a factum of 20 pages long and make oral argument of 30 min.) (joint with motion to intervene) - 4 copies - book form, with service, Completed on: 1997-06-02 | J. Edward Thompson |
| 1997-06-02 | $50.00 filing fee for notice of motion, receipt no. 34243 | J. Edward Thompson |
| 1997-06-02 | Affidavit, of Dougald E. Brown (book form), with service | J. Edward Thompson |
| 1997-06-02 | Motion for leave to intervene, 4 copies (book form) (joint with misc. motion), with service, Completed on: 1997-06-02 | J. Edward Thompson |
| 1997-05-30 | General proceeding, 1 copy of Response of the Appellant, Tobiass to the motion to intervene by B'Nai Brith Canada (fax copy) | Erichs Tobiass |
| 1997-05-29 | $50.00 filing fee for notice of motion, receipt #34221 | Helmut Oberlander |
| 1997-05-29 | Affidavit, 6 copies; Michael Code, with service | Helmut Oberlander |
| 1997-05-29 | Motion to file a lengthy factum, 6 copies, with service, Completed on: 1997-05-29 | Helmut Oberlander |
| 1997-05-29 | Appellant's factum, 24 copies, with service, Completed on: 1997-05-29 | Helmut Oberlander |
| 1997-05-29 | Appellant's factum, 24 copies, with service, Completed on: 1997-05-29 | Erichs Tobiass |
| 1997-05-29 | Correspondence (sent by the Court) to, from Ian Binnie to Registrar, letter dated May 29, 1997 (fax copy) re: neither opposes nor supports the motion to intervene by B'Nai Brith | |
| 1997-05-29 | Correspondence (sent by the Court) to, from Michael Code of Sack, Goldblatt, to the Registrar, dated May 29, 1997 (fax copy) re: acknowledge received to Mr. Binnie's letters dated May 28, 1997 re: the documents should not be added to the Court | |
| 1997-05-29 | Correspondence (sent by the Court) to, from Bayne, Sellar to Registrar, letter dated May 29, 1997 re: acknowledge receipt of Mr. Binnie's letter dated May 28, 1997 - strongly objects to have certain documents added to the record; these documents do not fall within the May 5, 1997 order | |
| 1997-05-29 | $50.00 filing fee for notice of motion, receipt no. 34223 | Johann Dueck |
| 1997-05-29 | Affidavit, of Donald B. Bayne - 2 copies, with service | Johann Dueck |
| 1997-05-29 | Motion to file a lengthy factum, (48 pages) - 2 copies, with service, Completed on: 1997-05-29 | Johann Dueck |
| 1997-05-29 | Appellant's factum, 25 copies, with service, Completed on: 1997-05-29 | Johann Dueck |
| 1997-05-28 | General proceeding, reply of the intervener (by fax); 2 copies, with service | League for Human Rights of B'nai Brith Canada ('The League') |
| 1997-05-27 | Affidavit, of service of Michelle Julfs with background paper entitled The Issue of War Criminals in Canada and Legal Issues Relating to Revocation of Citizenship (missing in original served copy) | Minister of Citizenship and Immigration |
| 1997-05-27 | Supplemental document, FURTHER EVIDENCE (filed in response to the order of May 22, 1997) - 19 copies, with service | Minister of Citizenship and Immigration |
| 1997-05-23 | General proceeding, 4 copies of RESPONSE TO THE APPLICATION FOR LEAVE TO INTERVENE BY THE LEAGUE FOR HUMAN RIGHTS OF B'NAI BRITH (book form), with service | Helmut Oberlander |
| 1997-05-22 |
Decision on miscellaneous motion, CJ So G Co McL Ia Ma, The application for production of all the documents ordered to be produced, i.e., all documents provided to Commissioner Dubin, is granted, with costs. The extension of time to May 29/97 for the serving and filing of the appellants' factum is also granted, with costs. Granted, no order as to costs |
|
| 1997-05-22 | Hearing of miscellaneous motion, 1997-05-22, CJ So G Co McL Ia Ma | |
| 1997-05-22 | Submission of miscellaneous motion, 1997-05-22, CJ So G Co McL Ia Ma | |
| 1997-05-21 | General proceeding, 10 copies of REPLY submission of the appellant, Dueck re: motion for compliance with order dated May 5, 1997, with service | Johann Dueck |
| 1997-05-21 | General proceeding, 10 copies of Reply to the response on motion for direction (for compliance), with service | Helmut Oberlander |
| 1997-05-16 | General proceeding, 4 copies of Respondent's response on misc. motion filed on May 15, 1997 - book form (attached with sealed envelopes), with service | Minister of Citizenship and Immigration |
| 1997-05-15 | Intervener's factum, 24 copies, with service, Completed on: 1997-05-15 | Canadian Jewish Congress |
| 1997-05-15 | $50.00 filing fee for notice of motion, receipt no. 34125 | Erichs Tobiass |
| 1997-05-15 | Affidavit, of Jonathan Dawwe (3 copies - book form), with service | Erichs Tobiass |
| 1997-05-15 | Notice of miscellaneous motion, (for an order requiring the Respondent to comply with the order of this Honourable Court dated May 5, 1997 and for an order for new directions) 3 copies - book form, with service, Completed on: 1997-05-15 | Erichs Tobiass |
| 1997-05-14 | General proceeding, (transcripts received re: motion for new evidence heard on May 5, 1997) - 26 pages | |
| 1997-05-14 | General proceeding, 24 copies (FURTHER EVIDENCE - pursuant to order dated May 5, 1997), with service | Minister of Citizenship and Immigration |
| 1997-05-13 | $50.00 filing fee for notice of motion, to intervene receipt #34114 | League for Human Rights of B'nai Brith Canada ('The League') |
| 1997-05-12 | Order on motion for leave to intervene | |
| 1997-05-12 | Affidavit, of Rochelle Wilner (2 copies - book form), with service | League for Human Rights of B'nai Brith Canada ('The League') |
| 1997-05-12 | Motion for leave to intervene, 2 copies (book form) $50.00 requested, with service, Completed on: 1997-05-12 | League for Human Rights of B'nai Brith Canada ('The League') |
| 1997-05-09 | Certified casebook, vol. 1 to 5, with service | Erichs Tobiass |
| 1997-05-09 | Appeal court record, 4 boxes | |
| 1997-05-08 |
Decision on the motion for leave to intervene, factum is limited to 20 pages and oral argument to 15 minutes, So Granted, no order as to costs |
|
| 1997-05-08 | Hearing of motion for leave to intervene, 1997-05-08, factum is limited to 20 pages and oral argument to 15 minutes, So | |
| 1997-05-08 | Submission of motion for leave to intervene, 1997-05-08, factum is limited to 20 pages and oral argument to 15 minutes, So | |
| 1997-05-05 | Book of authorities, 8 copies of Authorities on waiver of solicitor- client privilege (given in court by the Respondent at the hearing of the motion on May 5, 1997), Completed on: 1997-05-05 | Minister of Citizenship and Immigration |
| 1997-05-05 | General proceeding, 8 copies of Crown Duty of Disclosure (given in Court by the Respondent at the hearing of the motion on May 5, 1997) - book form | Minister of Citizenship and Immigration |
| 1997-05-05 |
Decision on motion to adduce new evidence, Applying the principles set down in Brown v. Gentleman [1971] S.C.R. 501, this motion is granted but only as regards the introduction into evidence of those documents referred to in sub- paragraph (i) of paragraph 1 of the Notice of Motion: (See order), CJ So G Co McL Ia Ma Granted, no order as to costs |
|
| 1997-05-05 | Hearing of the motion to adduce new evidence, 1997-05-05, Applying the principles set down in Brown v. Gentleman [1971] S.C.R. 501, this motion is granted but only as regards the introduction into evidence of those documents referred to in sub- paragraph (i) of paragraph 1 of the Notice of Motion: (See order), CJ So G Co McL Ia Ma | |
| 1997-05-05 | Submission of motion to adduce new evidence, 1997-05-05, Applying the principles set down in Brown v. Gentleman [1971] S.C.R. 501, this motion is granted but only as regards the introduction into evidence of those documents referred to in sub- paragraph (i) of paragraph 1 of the Notice of Motion: (See order), CJ So G Co McL Ia Ma | |
| 1997-05-05 |
Decision on the motion for leave to intervene, CJ So G Co McL Ia Ma Dismissed, no order as to costs |
|
| 1997-05-05 | Hearing of motion for leave to intervene, 1997-05-05, CJ So G Co McL Ia Ma | |
| 1997-05-05 | Submission of motion for leave to intervene, 1997-05-05, CJ So G Co McL Ia Ma | |
| 1997-05-05 | Book of authorities, 8 copies (re: motion to intervene), Completed on: 1997-05-05 | Kenneth M. Narvey |
| 1997-05-05 | General proceeding, 8 copies of Appendix to motion record (given in Court at the hearing of the motion on May 5, 1997) | Minister of Citizenship and Immigration |
| 1997-05-01 | Book of authorities, 10 copies re: motion to adduce new evidence, with service, Completed on: 1997-05-01 | Minister of Citizenship and Immigration |
| 1997-05-01 |
Appeal hearing scheduled, 1997-06-26 Decision reserved |
|
| 1997-04-30 | Affidavit, of Kenneth M. Narvey (10 copies - book form), with service | Kenneth M. Narvey |
| 1997-04-30 | $50.00 filing fee for notice of motion, receipt no. 34042 | Kenneth M. Narvey |
| 1997-04-30 | Motion for leave to intervene, 10 copies (book form), with service, Completed on: 1997-04-30 | Kenneth M. Narvey |
| 1997-04-30 | Appeal perfected for hearing, Session beginning on 1997-04-21 | |
| 1997-04-25 | Respondent's argument on the motion to adduce new evidence, 10 copies (book form), with service | Minister of Citizenship and Immigration |
| 1997-04-24 | General proceeding, 3 copies of response to the intervention of the Canadian Jewish Congress (takes the position of Oberlander), with service | Johann Dueck |
| 1997-04-24 | Correspondence (sent by the Court) to, (by fax) from Gesta J. Abols; re: joint the submission of Oberlander on the intervention of Canadian Jewish Congress | |
| 1997-04-23 | $50.00 filing fee for notice of motion, to adduce further evidence receipt #34001 | Johann Dueck |
| 1997-04-22 | General proceeding, 5 copies of opposition to the intervention by the Canadian Jewish congress, with service | Helmut Oberlander |
| 1997-04-22 | Correspondence (sent by the Court) to, from Christopher A. Ameransinghe, Q.C.; re: takes no position to the intervention of Canadian Jewish Congress (by fax) (original filed Apr. 23/97) | |
| 1997-04-22 | Case on appeal, 23 copies of vol. 1 to 5 (see order dated April 17, 1997) | Erichs Tobiass |
| 1997-04-21 | Order issued on motion for a stay of execution | |
| 1997-04-18 | $50.00 filing fee for notice of motion, receipt no. 33969 | Erichs Tobiass |
| 1997-04-18 | Motion to adduce new evidence, 15 copies, with service, Completed on: 1997-04-18 | Erichs Tobiass |
| 1997-04-18 | Motion to adduce new evidence, 10 copies($50.00 requested), with service, Completed on: 1997-04-18 | Johann Dueck |
| 1997-04-18 | $50.00 filing fee for notice of motion, receipt no. 33970 | Helmut Oberlander |
| 1997-04-18 | Motion to adduce new evidence, 10 copies (bookform), with service, Completed on: 1997-04-18 | Helmut Oberlander |
| 1997-04-18 |
Decision on the motion for a stay of execution, Ma Granted, no order as to costs |
|
| 1997-04-18 | Hearing of motion for a stay of execution, 1997-04-18, Ma | |
| 1997-04-18 | Submission of motion for a stay of execution, 1997-04-18, Ma | |
| 1997-04-17 | $50.00 filing fee for notice of motion, for a stay receipt #33962 | Erichs Tobiass |
| 1997-04-17 | Other documents on motion for a stay of execution, CONSENT to an order staying the revocation of the citizenship proceedings | |
| 1997-04-17 | Other documents on motion for a stay of execution, AFFIDAVIT of Jonathan Dawe 6 copies, with service | |
| 1997-04-17 | Motion for a stay of execution, of the citizenship revocation against the appellants (6 copies), with service, Completed on: 1997-04-17 | Erichs Tobiass |
| 1997-04-17 | Order on motion to directions | |
| 1997-04-17 |
Decision on motion for directions, CJ, The proposed schedule is as follows: a) Notices of Appel to be served and filed by Apr. 11/97. b) Case on appeal be served and filed by Apr. 25/ 97. c) Any Fresh Evidence Motions be served and filed by the parties by Apr. 18/97. d) Responses to the said Fresh Evidence Motions be served and filed by the parties by Apr. 25/97. e) Any oral hearing on the motions deemed necessary by the Court be heard on Motions Day, May 5/97. f) Appellants' facta be served and filed by May 16/97 g) Respondent's factum be served and filed by June 6/97. h) The hearing of the appeal is to proceed as scheduled on June 26/97. Granted, no order as to costs |
|
| 1997-04-17 | Hearing of motion for directions, 1997-04-17, CJ | |
| 1997-04-17 | Submission of motion for directions, 1997-04-17, CJ | |
| 1997-04-11 | Affidavit, (of Irving Abella)(bookform), with service | Canadian Jewish Congress |
| 1997-04-11 | $50.00 filing fee for notice of motion, to intervene receipt #33930 | Canadian Jewish Congress |
| 1997-04-11 | Motion for leave to intervene, 2 copies (bookform), with service, Completed on: 1997-04-11 | Canadian Jewish Congress |
| 1997-04-11 | Response to motion for directions, (joint with A02 & A03), Completed on: 1997-04-11 | Erichs Tobiass |
| 1997-04-11 | Affidavit, (of Michelle Julfs), with service | Minister of Citizenship and Immigration |
| 1997-04-11 | $50.00 filing fee for notice of motion, receipt taken from Justice account | Minister of Citizenship and Immigration |
| 1997-04-11 | Motion for directions, prescribing a schedule for the completion of all steps necessary for the hearing of this appeal, with service, Completed on: 1997-04-11 | Minister of Citizenship and Immigration |
| 1997-04-11 | Notice of appeal, Completed on: 1997-04-11 | Erichs Tobiass |
| 1997-04-10 | Correspondence (sent by the Court) to, sent to Bayne Sellar Boxall (Ottawa, ON) enclosing copy of Rule 32 | |
| 1997-04-10 | Correspondence (sent by the Court) to, sent to Sack Goldblatt Mitchell (Toronto, ON) enclosing copy of Rule 32 c.c. Shore, Davis & Perkins-McVey | |
| 1997-04-10 | Correspondence (sent by the Court) to, sent to Gesta J. Abols (Toronto, ON) enclosing copy of Rule 32 c.c. Shore, Davis & Perkins-McVey | |
| 1997-04-10 | Correspondence (sent by the Court) to, sent to Attorney General of Canada (Toronto, ON) enclosing copy of Rule 32 c.c. Attorney General of Canada | |
| 1997-04-09 | Notice of appeal, With service, Completed on: 1997-04-09 | Helmut Oberlander |
| 1997-04-09 | Notice of appeal, Completed on: 1997-04-09 | Johann Dueck |
| 1997-04-07 | Correspondence (sent by the Court) to, from Ian Binnie of McCarthy, Tétrault to D. Beaulieu, letter dated April 7, 1997 (fax copy): re: requesting the Supreme Court to fix a timetable to enable this appeal to be heard on June 26, 1997 | |
| 1997-04-03 |
Judgment of the Court on the application for leave to appeal, CJ Co McL, The applications for leave to appeal are granted, on the condition that the appeal be ready to be heard in the Spring session of 1997. Granted, no order as to costs |
|
| 1997-04-03 | Notice of deposit of judgment issued to all parties, Bayne Sellar Boxall | |
| 1997-04-03 | Notice of deposit of judgment issued to all parties, Shore, Davis & Perkins-McVey | |
| 1997-04-03 | Notice of deposit of judgment issued to all parties, Attorney General of Canada | |
| 1997-03-27 | Applicant's reply to respondent's argument, 6 copies sent to CJ Co McL, Apr. 1/97, with service, Completed on: 1997-03-27 | Helmut Oberlander |
| 1997-03-21 | All materials on application for leave submitted to the Judges, CJ Co McL | |
| 1997-03-20 | Respondent's response on the application for leave to appeal, 5 copies (joint response to all 3 applications), with service, Completed on: 1997-03-20 | Minister of Citizenship and Immigration |
| 1997-03-13 | Correspondence received from, sent to Attorney General of Canada enclosing copy of the letter dated March 13/97 | |
| 1997-03-13 | Correspondence received from, sent to Shore, Davis & Perkins-McVey to acknowledge receipt of material commencing a proceeding together with filing fee | |
| 1997-03-13 | $50.00 filing fee, RECEIPT #33730 | Erichs Tobiass |
| 1997-03-13 | Application for leave to appeal, 5 copies (see order of Feb. 17/97) (THIRD APPLICATION), with service, Completed on: 1997-03-13 | Erichs Tobiass |
| 1997-03-10 | $50.00 filing fee, receipt #33702 | Johann Dueck |
| 1997-03-10 | Application for leave to appeal, 5 copies (see order of Feb. 17/97) (SECOND APPLICATION), with service, Completed on: 1997-03-10 | Johann Dueck |
| 1997-02-24 | Appeal perfected for hearing, Session beginning on 1997-04-21 | |
| 1997-02-19 | $50.00 filing fee, receipt no. 33595 | Helmut Oberlander |
| 1997-02-19 | Application for leave to appeal, 5 copies (see order dated Feb. 17, 1997) (service admitted on Feb. 18, 1997) (FIRST APPLICATION), with service, Completed on: 1997-02-19 | Helmut Oberlander |
| 1997-02-19 | Order on motion to extend the time to file and/or serve the leave application | |
| 1997-02-17 | General proceeding, 5 copies of REPLY TO THE RESPONDENT'S OPPOSITION TO THE EXTENSION OF TIME, with service | Erichs Tobiass |
| 1997-02-17 |
Decision on motion to extend time to file and /or serve the leave application, to March 15, 1997, L'HD Granted, no order as to costs |
|
| 1997-02-17 | Hearing of motion to extend time to file and/ or serve the leave application, 1997-02-17, to March 15, 1997, L'HD | |
| 1997-02-17 | Submission of motion to extend time to file and/ or serve the leave application, 1997-02-17, to March 15, 1997, L'HD | |
| 1997-02-13 | General proceeding, 5 copies of RESPONDENTS'S SUBMISSION ON MOTION TO EXTEND THE TIME TO FILE AN APPLICATION FOR LEAVE TO APPEAL - book form, with service | Minister of Citizenship and Immigration |
| 1997-02-07 | General proceeding, to note a copy of the F.C.A. orders | Erichs Tobiass |
| 1997-02-07 | General proceeding, to note a copy of the F.C.A. judgment on a Stay of proceedings | Erichs Tobiass |
| 1997-02-07 | Affidavit, to March 15/97 (of Michael Code) (joint with A02- A03), with service | Erichs Tobiass |
| 1997-02-07 | $50.00 filing fee for a notice of motion, to extend time receipt #33508 | Erichs Tobiass |
| 1997-02-07 | Motion to extend the time to file and or serve the application for leave to appeal, to March 15/97 (joint with A02-A03), with service, Completed on: 1997-02-07 | Erichs Tobiass |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Tobiass, Erichs | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Citizenship and Immigration | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Oberlander, Helmut | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Citizenship and Immigration | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Dueck, Johann | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Citizenship and Immigration | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Jewish Congress | Intervener | Active |
Counsel
Party: Tobiass, Erichs
Counsel
Name
Gesta J. Abols
Contact information
Gesta J. Abols
1900 - 700 Bay St.
Toronto, Ontario
M5G 1Z6
Telephone: (416) 598-0747
FAX: (416) 971-7656
1900 - 700 Bay St.
Toronto, Ontario
M5G 1Z6
Telephone: (416) 598-0747
FAX: (416) 971-7656
Agent
Name
Heather E. Perkins-McVey
Contact information
Shore, Davis, Kehler
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Oberlander, Helmut
Counsel
Name
Michael Code
Contact information
Sack Goldblatt Mitchell
1130 - 20 Dundas Street West
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
1130 - 20 Dundas Street West
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Agent
Name
Heather E. Perkins-McVey
Contact information
Shore, Davis, Kehler
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Dueck, Johann
Counsel
Name
Donald B. Bayne
Contact information
Bayne, Sellar, Boxall
500 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 236-0535
FAX: (613) 236-6958
500 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 236-0535
FAX: (613) 236-6958
Party: Minister of Citizenship and Immigration
Counsel
Name
Christopher A. Amerasinghe, Q.C.
Contact information
Attorney General of Canada
Suite 3400 - Box 36
130 King St. West
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-2271
FAX: (416) 973-3004
Email: camerasi@justice.gc.ca
Suite 3400 - Box 36
130 King St. West
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-2271
FAX: (416) 973-3004
Email: camerasi@justice.gc.ca
Agent
Name
Graham R. Garton, Q.C.
Contact information
Attorney General of Canada
Exchange Tower
130 King Street West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6807
FAX: (416) 973-8253
Email: ggarton@justice.gc.ca
Exchange Tower
130 King Street West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6807
FAX: (416) 973-8253
Email: ggarton@justice.gc.ca
Party: Canadian Jewish Congress
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
1 FIRST CANADIAN PL 44TH FL
PO BOX 63
TORONTO, Ontario
M5X 1B1
Telephone: (416) 863-0900
FAX: (416) 863-0871
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.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
July 4, 1996
Federal Court of Canada, Trial Division
T-569-95 et al
Federal Court of Canada, Trial Division
T-569-95 et al
stays of proceedings granted
January 14, 1997
Federal Court of Appeal
A-559-96 et al
Federal Court of Appeal
A-559-96 et al
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
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
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
Related links
Date modified: 2025-05-13