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26562

Thomas Bruce Baker v. Monica Frieda Francis

(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)
1999-12-29 Appeal closed
1999-12-29 Formal judgment sent to the registrar of the court of appeal and all parties
1999-12-29 Copy of formal judgment being prepared
1999-10-15 Record returned to the Registrar of the Court of Appeal, & To Trial Court
1999-09-17 Notice of deposit of judgment sent to all parties
1999-09-16 Judgment on the appeal rendered, CJ L'HD G Co McL Ia Ma Ba Bi, The appeal is dismissed with costs to the respondent.
Dismissed, with costs
1999-05-03 Transcript received, and distributed to the justices (68 pages)
1999-04-27 Hearing of the appeal, 1999-04-27, video #V037, CJ L'HD G Co McL Ia Ma Ba Bi
Judgment reserved
1999-04-21 Appellant's book of authorities, (Letter Form), 10 copies (sent to the panel on April 22, 1999), Incomplete Thomas Bruce Baker
1999-04-20 Notice of appearance, (Letter Form), (Stephen M. Grant and Megan Shortreed) Thomas Bruce Baker
1999-04-15 Notice of appearance, (Nicole Tellier and Kelly Jordan)(fax copy) Monica Frieda Francis
1999-04-01 Order on motion to extend time
1999-04-01 Decision on motion to extend time, DeRg, to serve & file the respondent's factum, book of authorities and record to Mar. 8/99.
Granted, no order as to costs
1999-04-01 Submission of motion to extend time, DeRg
1999-03-26 Response to motion to extend time, (from Gowling, Strathy), Completed on: 1999-03-26 Thomas Bruce Baker
1999-03-26 Motion to extend time, to file the factum, authorities and record to March 8, 1999, Completed on: 1999-03-26 Monica Frieda Francis
1999-03-19 Notice of hearing Thomas Bruce Baker
1999-03-17 Supplemental document, 10 copies of suppl. authorities (Tauber v. Tauber) Thomas Bruce Baker
1999-03-08 Respondent's record, extension of time requested, Completed on: 1999-03-08 Monica Frieda Francis
1999-03-08 Respondent's book of authorities, extension of time requested, Completed on: 1999-03-08 Monica Frieda Francis
1999-03-08 Respondent's factum, extension requested, Completed on: 1999-03-08 Monica Frieda Francis
1999-03-03 Appeal hearing scheduled, 1999-04-27
Judgment reserved
1999-02-23 Order on motion to extend time, to serve and file the respondent's factum to March 2/99
1999-02-23 Decision on motion to extend time, to serve and file the respondent's factum to March 2/99, Reg
Granted, no order as to costs
1999-02-23 Submission of motion to extend time, Reg
1999-02-17 Appeal perfected for hearing, Session beginning on 1999-04-19
1999-02-16 Motion to extend time, (to file the respondent's factum to March 2, 1999) - 5 copies - book form, Completed on: 1999-02-16 Monica Frieda Francis
1998-12-23 Appellant's book of authorities, Completed on: 1998-12-23 Thomas Bruce Baker
1998-12-23 Appellant's factum, Completed on: 1998-12-23 Thomas Bruce Baker
1998-12-18 Trial court exhibits, 2 boxes
1998-12-18 Appellant's record, (vol. 1 and 2), Completed on: 1998-12-18 Thomas Bruce Baker
1998-12-07 Appeal court record, (1 box)
1998-11-19 Correspondence received from, from N. Tellier, letter dated Nov. 13, 1998 re: will continue to retain the services of Lang, Michener Monica Frieda Francis
1998-11-16 Notice of change of counsel, from Lang, Michener to Nicole Tellier Monica Frieda Francis
1998-09-01 Correspondence (sent by the Court) to, sent to Lang Michener and Gowling, Strathy & Henderson re: Rule 32
1998-08-28 Order granting leave to appeal
1998-08-27 Notice of deposit of security
1998-08-27 $500 security deposit paid, receipt no. 2461 Thomas Bruce Baker
1998-08-25 Notice of appeal, Completed on: 1998-08-25 Thomas Bruce Baker
1998-08-21 Notice of deposit of judgment issued to all parties, all parties
1998-08-20 Decision on the miscellaneous motion, FICTITOUS, Co Ma Bi
1998-08-20 Judgment of the Court on the application for leave to appeal, Co Ma Bi, The application for leave to appeal is granted on the limited issue of interpretation of s. 4(b) of the Federal Child Support Guidelines, SOR/97-175. In addition, an order will issue in the following terms: 1. The order staying the proceedings is lifted and the lump sum of $500,000 together with the accrued interest is to be paid to the respondent. 2. Child support will be paid in the amount ordered by the courts below. 3. The respondent's costs will be paid as ordered by the courts below.
Granted, no order as to costs
1998-07-08 Correspondence received from, from Gowling, Strathy to Registrar, letter dated July 7, 1998 (fax copy) re: there are 2 misstatements of fact in the objective summary sent to Co Ma Bi, July 27/98 Thomas Bruce Baker
1998-06-25 Submission of miscellaneous motion, to expedite, Co Ma Bi
1998-06-25 All materials on application for leave submitted to the Judges, Co Ma Bi
1998-06-23 Order issued on motion for a stay of execution, for Major J.'s Order see file
1998-06-23 Decision on the motion for a stay of execution, Ma, It is hereby ordered that the stay granted by the Court of Appeal for Ontario dated March 10/98 shall continue on the following conditions: (1) That the applicant continue to pay maintenance for the children of the marriage in the amount of $10,034 per month, (2) that the applicant pay to the solicitors for the respondent, in trust, the sum of $500,000, forthwith to be deposited into an interest bearing account pending disposition of the application for leave to appeal, and if granted, disposition of the appeal, (3) that costs of this motion are in the cause
Granted, no order as to costs
1998-06-23 Hearing of motion for a stay of execution, 1998-06-23, Ma
1998-06-23 Submission of motion for a stay of execution, 1998-06-23, Ma
1998-06-17 Applicant's reply to respondent's argument, 5 copies, Completed on: 1998-06-17 Thomas Bruce Baker
1998-06-12 Other documents on motion for a stay of execution, 5 copies of reply, with service
1998-06-08 Other documents on motion for a stay of execution, 5 copies of response on motion for stay - book form, with service
1998-06-08 Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1998-06-08 Monica Frieda Francis
1998-05-28 Correspondence received from, sent to Gowling, Strathy & Henderson and Lang Michener re: receipt of material commencing a proceeding together with filing fee
1998-05-11 Decision on motion to extend time, FICTITOUS, Co
1998-05-11 Submission of motion to extend time, Co
1998-05-11 Order on miscellaneous motion, for cross-examination. (For Cory J.'s Order see file)
1998-05-11 Decision on the miscellaneous motion, Co, for cross-examination. An Order will go: 1. permitting the respondent (plaintiff) to cross- examine the applicant (defendant) on his affidavit sworn Apr. 7/98 in support of a stay of proceedings. The cross-examination is to be conducted as quickly as it can be conveniently arranged. 2. granted an extension of time to 7 days from the completion of the cross-examination for respondent to file a response to the motion for a stay of proceedings and to file a response to the leave to appeal application
Granted, no order as to costs
1998-05-11 Submission of miscellaneous motion, 1998-05-11, Co
1998-05-08 Notice of miscellaneous motion, to expedite the leave application; 5 copies (INCLUDED IN LEAVE BOOK), with service, Completed on: 1998-05-08 Thomas Bruce Baker
1998-05-08 $50.00 filing fee, receipt #30409 Thomas Bruce Baker
1998-05-08 Book of authorities, 5 copies, with service, Completed on: 1998-05-08 Thomas Bruce Baker
1998-05-08 Application for leave to appeal, 5 copie, with service, Completed on: 1998-05-08 Thomas Bruce Baker
1998-05-07 Correspondence received from, from S. Grant to Registrar, letter dated May 6, 1998 (fax copy) re: motion to cross-examine and to extend the time Thomas Bruce Baker
1998-05-04 General proceeding, 5 copies of Respondent's reply, with service Monica Frieda Francis
1998-04-22 General proceeding, 5 copies of Applicant's response to the respondent's motion to cross-examine and to extend time (book form), with service Thomas Bruce Baker
1998-04-16 Affidavit, of 7 clear days from the end of cross-examination+ to file a response to the leave to appeal (of Jacqueline Mary Mills), with service Monica Frieda Francis
1998-04-16 Affidavit, to cross-examine the affidavit of Mr. Baker (of Jacqueline Mary Mills), with service Monica Frieda Francis
1998-04-16 $50.00 filing fee for a notice of motion, to cross-examine receipt #30447 Monica Frieda Francis
1998-04-16 Motion to extend time, of 7 clear days from the end of cross-examination within which the respondent may serve and file her response to the motion for a stay and to file a response to leave application (bookform), with service, Completed on: 1998-04-16 Monica Frieda Francis
1998-04-16 Notice of miscellaneous motion, to cross-examine the affidavit of Thomas Bruce Baker sworn April 7/98 in support of his motion for a stay (5 copies)(bookform), with service, Completed on: 1998-04-16 Monica Frieda Francis
1998-04-08 Book of authorities, 5 copies re: motion for stay, with service, Completed on: 1998-04-08 Thomas Bruce Baker
1998-04-08 $50.00 filing fee for a notice of motion, receipt no. 30409 Thomas Bruce Baker
1998-04-08 Motion for a stay of execution, 5 copies (book form), with service, Completed on: 1998-04-08 Thomas Bruce Baker
1998-04-08 $50.00 filing fee, receipt no. 30409 Thomas Bruce Baker
1998-04-08 Notice of application for leave to appeal, 5 copies, with service Thomas Bruce Baker

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
Baker, Thomas Bruce Appellant Active

v.

Main parties - Respondents
Name Role Status
Francis, Monica Frieda Respondent Active

Counsel

Party: Baker, Thomas Bruce

Counsel
Names
Stephen M. Grant
Megan E. Shortreed
Contact information
McCarthy Tétrault
Box 48 - Suite 4700
Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7893
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: Francis, Monica Frieda

Counsel
Names
Nicole Tellier
Kelly Jordan
Contact information
108 Harbord St., 2nd Fl.
Toronto, Ontario
M5S 1G6
Telephone: (416) 926-9669
FAX: (416) 926-9079
Email: ntellier@interlog.com
Agent
Name
Eugene Meehan
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

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

May 22, 1997
Ontario Court of Justice (General Division)

31715/88

See file

March 10, 1998
Court of Appeal for Ontario

C27478

Appeal dismissed with costs

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2025-05-13