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27084

Her Majesty the Queen in Right of Ontario v. 974649 Ontario Inc. c.o.b. as Dunedin Construction (1992), 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)
2002-01-17 Record returned to the Registrar of the Court of Appeal
2002-01-08 Appeal closed
2002-01-08 Formal judgment sent to the registrar of the court of appeal and all parties
2001-12-13 Copy of formal judgment being prepared
2001-12-07 Notice of deposit of judgment sent to all parties
2001-12-06 Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal is dismissed. Costs are awarded to the respondents in this Court and the courts below. The case is remitted to the Superior Court of Justice to determine whether the trial justice erred in finding the conduct of the prosecution warranted an order for legal costs on the facts of the case.
Dismissed
2000-12-13 Transcript received, and distributed to the justices (90 pages)
2000-12-06 Judgment reserved OR rendered with reasons to follow
2000-12-06 Hearing of the appeal, 2000-12-06, (V089-090), CJ L'HD G Ia Ma Ba Bi Arb LeB
Judgment reserved
2000-12-06 Appellant's condensed book, 10 copies Her Majesty the Queen in Right of Ontario
2000-12-06 Acknowledgement and consent for video taping of proceedings
2000-12-05 Correspondence received from, Burke-Robertson, dated Dec. 5/00 re: enclosing the transcript of a decision (sent to Bench Dec. 5/00) 974649 Ontario Inc. c.o.b. as Dunedin Construction (1992)
2000-12-05 Notice of appearance, (Letter Form), from H. Schwartz dated Dec. 4, 2000 (fax copy) Her Majesty the Queen in Right of Ontario
2000-11-27 Correspondence received from, H. Schwartz dated Nov. 21/00 re: error at page 20 par. 42 of Appellant's Factum will file corrected page in Condensed Book (sent to Bench Dec. 1/00) Her Majesty the Queen in Right of Ontario
2000-11-27 Notice of appearance, (Letter Form), from R. Frater dated Nov. 27, 2000 Attorney General of Canada
2000-11-10 Notice of appearance, (Letter Form), from H. Brown dated Oct. 30, 2000 re: will rely on the written submissions Attorney General of Alberta
2000-10-13 Decision on motion to extend time, Reg, to serve & file the factum and book of authorities of the intervener A.G. - B.C. to Sept. 25, 2000.
Granted, no order as to costs
2000-10-13 Submission of motion to extend time, Reg
2000-10-06 Order on motion to extend time
2000-10-05 Decision on motion to extend time, to serve and file the intervener, A.G. Canada's factum and authorities to sept. 20, 2000, Reg
Granted, no order as to costs
2000-10-05 Submission of motion to extend time, Reg
2000-10-04 Response to motion to extend time, (Letter Form), from K. Collins dated Oct. 4, 2000 (fax copy), Completed on: 2000-10-04 974649 Ontario Inc. c.o.b. as Dunedin Construction (1992)
2000-09-25 Motion to extend time, to file the factum and authorities to Sept. 25, 2000 (1 copy), Completed on: 2000-09-25 Attorney General of British Columbia
2000-09-25 Book of authorities, Completed on: 2000-09-25 Attorney General of British Columbia
2000-09-25 Intervener's factum, Completed on: 2000-09-25 Attorney General of British Columbia
2000-09-21 Response to motion to extend time, (from Burke-Robertson - fax copy), Completed on: 2000-09-21 Her Majesty the Queen in Right of Ontario
2000-09-20 Motion to extend time, (to file the factum and authorities to Sept. 20, 2000) - 2 copies, Completed on: 2000-09-20 Attorney General of Canada
2000-09-20 Book of authorities, Completed on: 2000-09-20 Attorney General of Canada
2000-09-20 Intervener's factum, Completed on: 2000-09-20 Attorney General of Canada
2000-09-18 Book of authorities, (extension of time requested), Completed on: 2000-09-18 Attorney General of Alberta
2000-09-15 Intervener's factum, (see Order dated Aug. 31/00), Completed on: 2000-09-15 Attorney General of Alberta
2000-09-13 Correspondence received from, N. Keith dated Sept. 13, 2000 (fax copy) re: error in the respondent's factum (sent to panel Sept. 26/00). 974649 Ontario Inc. c.o.b. as Dunedin Construction (1992)
2000-09-01 Appeal hearing scheduled, 2000-12-06
Judgment reserved
2000-08-31 Order on motion to extend time
2000-08-31 Decision on motion to extend time, to serve and file the A.G. Alberta's factum to Sept. 15, DeRg
Granted, no order as to costs
2000-08-31 Submission of motion to extend time, DeRg
2000-08-31 Decision on motion to extend time, DeRg, to serve & file the respondent's book of authorities to Aug. 15, 2000.
Granted, no order as to costs
2000-08-31 Submission of motion to extend time, to file the respondents book of authorities, DeRg
2000-08-25 Book of authorities, Completed on: 2000-08-25 Criminal Lawyers' Association (Ontario)
2000-08-25 Intervener's factum, Completed on: 2000-09-07 Criminal Lawyers' Association (Ontario)
2000-08-25 Motion to extend time, to file the factum to Sept. 15, 2000 - 1 copy, Completed on: 2000-08-25 Attorney General of Alberta
2000-08-25 Response to motion to extend time, (fax copy), Completed on: 2000-08-25 Her Majesty the Queen in Right of Ontario
2000-08-25 Motion to extend time, to file the authorities to Aug. 15, 2000 - 1 copy, Completed on: 2000-08-25 974649 Ontario Inc. c.o.b. as Dunedin Construction (1992)
2000-08-23 Correspondence received from, Burke-Robertson dated Aug. 23/00 re: enclosing letter from counsel for the Respondents and corrected pages 17 and 43 of their Factum (sent to panel Aug. 28/00) 974649 Ontario Inc. c.o.b. as Dunedin Construction (1992)
2000-08-15 Respondent's book of authorities, Vol. I & II (extension of time requested), Completed on: 2000-08-15 974649 Ontario Inc. c.o.b. as Dunedin Construction (1992)
2000-07-31 Respondent's factum, (see order June 14, 2000), Completed on: 2000-07-31 974649 Ontario Inc. c.o.b. as Dunedin Construction (1992)
2000-06-15 Appeal perfected for hearing, Session beginning on 2000-10-02
2000-06-14 Order on motion to extend time
2000-06-14 Decision on motion to extend time, Reg, to serve & file the respondents' factum to Aug. 1, 2000.
Granted, no order as to costs
2000-06-14 Submission of motion to extend time, Reg
2000-06-14 Decision on motion to extend time, Reg, to serve & file the respondents factum to Aug. 1, 2000.
Granted, no order as to costs
2000-06-14 Submission of motion to extend time, Reg
2000-06-12 Order on motion to extend time
2000-06-09 Response to motion to extend time, from H. Schwartz dated June 2/00, Completed on: 2000-06-09 Her Majesty the Queen in Right of Ontario
2000-06-09 Motion to extend time, (Letter Form), to serve and file the Factum to Aug. 1/00 and Authorities to Aug. 15/00, Completed on: 2000-06-09 974649 Ontario Inc. c.o.b. as Dunedin Construction (1992)
2000-05-16 Appeal court record, (1envelope)
2000-05-08 Decision on motion to extend time, Reg, to serve and file the appellant's factum to Apr. 20 and book of authorities to May 4
Granted, no order as to costs
2000-05-08 Submission of motion to extend time, Reg
2000-05-04 Appellant's book of authorities, Vol. I and II (Vol. I returned for corrections July 4/00 - back from corrections July 14/00), Completed on: 2000-05-10 Her Majesty the Queen in Right of Ontario
2000-05-04 Response to motion to extend time, (consenting to the appellant's factum before April 25, 2000), Completed on: 2000-05-04 974649 Ontario Inc. c.o.b. as Dunedin Construction (1992)
2000-05-04 Motion to extend time, to file the factum to April 20, 2000, authorities to May 4, 2000 and suppl. record to April 6, 2000 - 1 copy, Completed on: 2000-05-04 Her Majesty the Queen in Right of Ontario
2000-04-20 Appellant's factum, (missing pages / returned to B-R for corrections May 3/00 - back from corrections May 9/00), Completed on: 2000-04-20 Her Majesty the Queen in Right of Ontario
2000-04-06 Correspondence received from, H. Schwartz dated Apr. 5/00 re: pages missing in Appellant's Record now included in Supplementary Record Her Majesty the Queen in Right of Ontario
2000-04-06 Supplemental document, Appellant's Supplementary Record (extension of time requested) Her Majesty the Queen in Right of Ontario
2000-03-08 Correspondence received from, H. Schwartz dated March 8, 2000 (fax copy) re: will file his factum shortly Her Majesty the Queen in Right of Ontario
2000-03-02 Appellant's record, Completed on: 2000-03-02 Her Majesty the Queen in Right of Ontario
2000-02-29 Correspondence received from, N. Keith dated Feb. 28, 2000 (fax copy) re: would prefer to have this matter heard on its own merits separate from the issues in Hynes matter, file no. 27443 974649 Ontario Inc. c.o.b. as Dunedin Construction (1992)
2000-02-24 Order on motion for leave to intervene, (by the Court)
2000-02-24 Decision on the motion for leave to intervene, Ma, extension of time by the CRIMINAL LAWYERS' ASSOCIATION (ONTARIO) is granted, the factum is limited to 20 pages and oral argument to 15 minutes. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record apart from their factums and oral submissions. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the interventions.
Granted, no order as to costs
2000-02-24 Decision on the motion for leave to intervene, Ma, by the ATTORNEY GENERAL OF ALBERTA is granted, the factum is limited to 20 pages and oral argument to 15 minutes. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record apart from their factums and oral submissions. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the interventions.
Granted, no order as to costs
2000-02-24 Decision on the motion for leave to intervene, Ma, by the ATTORNEY GENERAL OF BRITISH COLUMBIA is granted, the factum is limited to 20 pages and oral argument to 15 minutes. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record apart from their factums and oral submissions. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the interventions.
Granted, no order as to costs
2000-02-24 Decision on the motion for leave to intervene, Ma, by the ATTORNEY GENERAL OF CANADA is granted, the factum is limited to 20 pages and oral argument to 15 minutes. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record apart from their factums and oral submissions. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the interventions.
Granted, no order as to costs
2000-02-24 Submission of motion for leave to intervene, by A.G. - B.C. - Canada - Alberta - Criminal Lawyers' Association, Ma
2000-02-22 Correspondence received from, H. Schwartz dated Feb. 21, 2000 (fax copy) re: the appellant would like to have this appeal heard on its own merits, separate from the issues that arise in Hynes, file no. 27443 Her Majesty the Queen in Right of Ontario
2000-02-22 Correspondence received from, H. Schwartz dated Feb. 22/00 (by fax) re: Reply to Feb. 21/00 submissions of Criminal Laywers' Association Her Majesty the Queen in Right of Ontario
2000-02-21 Reply to the motion for leave to intervene, (fax copy), Completed on: 2000-02-21 Criminal Lawyers' Association (Ontario)
2000-02-16 Correspondence received from, H. Schwartz dated Feb. 15, 2000 (fax copy) re: typographical error in their submissions in response to motion to intervene by Criminal Lawyers' Ass. Her Majesty the Queen in Right of Ontario
2000-02-10 Response to the motion for leave to intervene, from N.A. Keith dated Feb. 10/00 (by fax) re: does not oppose motions by A.G. Canada, A.G. Alberta and A.G. of B.C. (original received on Feb. 15, 2000), Completed on: 2000-02-10 974649 Ontario Inc. c.o.b. as Dunedin Construction (1992)
2000-02-07 Response to the motion for leave to intervene, (fax copy - original received Feb. 8/00), Completed on: 2000-02-07 Her Majesty the Queen in Right of Ontario
2000-01-28 Motion for leave to intervene, Completed on: 2000-01-28 Criminal Lawyers' Association (Ontario)
2000-01-26 Correspondence received, F. Addario for Criminal Lawyers' Assoc. dated Jan. 25/00 (by fax) re: will file for intervener status and extension of time within a few days
2000-01-19 Response to the motion for leave to intervene, from H. Schwartz dated Jan. 18/00 (by fax) to A.G. of Canada and Alberta's motions to intervene, Completed on: 2000-01-19 Her Majesty the Queen in Right of Ontario
2000-01-17 Motion for leave to intervene, 1 copy, Completed on: 2000-01-17 Attorney General of Canada
2000-01-17 Motion for leave to intervene, 2 copies, Completed on: 2000-01-18 Attorney General of Alberta
2000-01-13 Motion for leave to intervene, Completed on: 2000-01-25 Attorney General of British Columbia
1999-12-16 Correspondence (sent by the Court) to, the Attorneys General and the defense counsel re: invitation to intervene by Jan. 17/2000.
1999-11-26 Correspondence received from, H. Schwartz dated Nov. 25/99 (by fax) re: in response to Rule 32(1) notice Her Majesty the Queen in Right of Ontario
1999-11-16 Letter acknowledging receipt of notice of appeal
1999-11-12 Order granting leave to appeal
1999-11-10 Notice of appeal, Completed on: 1999-11-10 Her Majesty the Queen in Right of Ontario
1999-10-15 Notice of deposit of judgment issued to all parties
1999-10-14 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted.
Granted, no order as to costs
1999-10-12 Correspondence received from, Hart Schwartz re: comments about the Court's summary Her Majesty the Queen in Right of Ontario
1999-08-16 All materials on application for leave submitted to the Judges, Ia Ma Bi
1999-02-18 Applicant's reply to respondent's argument, Completed on: 1999-02-18 Her Majesty the Queen in Right of Ontario
1999-02-11 Notice of change of solicitor, from Mathews, Dinsdale to Bennett, Jones 974649 Ontario Inc. c.o.b. as Dunedin Construction (1992)
1999-02-11 Respondent's response on the application for leave to appeal, Completed on: 1999-02-11 974649 Ontario Inc. c.o.b. as Dunedin Construction (1992)
1999-02-05 Letter acknowledging receipt of a complete application for leave to appeal
1999-01-11 Application for leave to appeal, Completed on: 1999-01-11 Her Majesty the Queen in Right of Ontario

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
Her Majesty the Queen in Right of Ontario Appellant Active

v.

Main parties - Respondents
Name Role Status
974649 Ontario Inc. c.o.b. as Dunedin Construction (1992) Respondent Active
Hoy, Bob Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Alberta Intervener Active
Attorney General of Canada Intervener Active
Attorney General of British Columbia Intervener Active
Criminal Lawyers' Association (Ontario) Intervener Active

Counsel

Party: Her Majesty the Queen in Right of Ontario

Counsel
Names
Hart Schwartz
Andrea Esson
Line Forestier
Contact information
Attorney General for Ontario
8th Floor, 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-9858
FAX: (416) 326-4181
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: 974649 Ontario Inc. c.o.b. as Dunedin Construction (1992)

Counsel
Names
Norman A. Keith
Rebecca K. Saturley
Contact information
Donahue Ernst & Young LLP
Ernst & Young Tower, T-D Centre
222 Bay St., Ste 1800, P.O. Box 197
Toronto, Ontario
M5K 1H6
Telephone: (416) 943-3388
FAX: (416) 943-2735
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Hoy, Bob

Counsel
Name
Norman A. Keith
Contact information
Donahue Ernst & Young LLP
Ernst & Young Tower, T-D Centre
222 Bay St., Ste 1800, P.O. Box 197
Toronto, Ontario
M5K 1H6
Telephone: (416) 943-3388
FAX: (416) 943-2735
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Attorney General of Alberta

Counsel
Name
James A. Bowron
Contact information
Attorney General of Alberta
Criminal Law Policy & Planning Branch
3rd Floor, 9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: jim.bowron@gov.ab.ca
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Attorney General of Canada

Counsel
Names
Nancy Irving
Peter DeFreitas
Contact information
Attorney General of Canada
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-4079
FAX: (613) 941-8742
Email: nancy.irving@justice.gc.ca
Agent
Name
Robert J. Frater
Contact information
Attorney General of Canada
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca

Party: Attorney General of British Columbia

Counsel
Name
George H. Copley, Q.C.
Contact information
Attorney General of British Columbia
6th Floor
1001 Douglas Street
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8875
FAX: (250) 356-9154
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Criminal Lawyers' Association (Ontario)

Counsel
Name
Kent Roach
Contact information
University of Toronto
78 Queens Park
Toronto, Ontario
M5S 2C5
Telephone: (416) 964-5654
FAX: (416) 943-2735
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.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

August 10, 1995
Ontario Court of Justice (Motions Court)

RE5246/95

see file

November 13, 1998
Court of Appeal for Ontario

C22621

see file

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