Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
30148
Ontario Judges' Association, et al. v. Her Majesty the Queen in Right of the Province of Ontario, as Represented by the Chair of Management Board
(Ontario) (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) |
|---|---|---|
| 2007-05-25 | Appeal closed | |
| 2007-05-25 | Certificate of taxation issued to, V. Payne of Sack, Goldblatt, Mitchell | |
| 2007-05-23 | Decision on the bill of costs, taxed at the amount of $1,911.85, Reg | |
| 2007-05-23 | Submission of the bill of costs, Reg | |
| 2007-05-11 | Bill of costs, Completed on: 2007-05-17 | Ontario Judges' Association |
| 2007-05-09 | Certificate of taxation issued to, Burke-Robertson | |
| 2007-05-03 | Decision on the bill of costs, taxed at the amount of $7,713.32, Reg | |
| 2007-05-03 | Submission of the bill of costs, Reg | |
| 2007-01-31 | Bill of costs, (revised received on Feb. 2, 2007), Completed on: 2007-01-31 | Her Majesty the Queen in Right of the Province of Ontario, as Represented by the Chair of Management Board |
| 2005-07-25 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-07-22 |
Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal for Ontario, Number C39422, dated October 29, 2003, heard on November 9, 2004, is dismissed with costs. Dismissed, with costs |
|
| 2004-11-29 | Transcript received, (266 pages) | |
| 2004-11-10 | Judgment reserved OR rendered with reasons to follow | |
| 2004-11-09 | Acknowledgement and consent for video taping of proceedings, from all parties. | |
| 2004-11-09 |
Hearing of the appeal, 2004-11-09, CJ Ma Ba Bi LeB De F Abe Cha Judgment reserved |
|
| 2004-11-09 | Respondent's condensed book, 14 copies - submitted in court. | Her Majesty the Queen in Right of the Province of Ontario, as Represented by the Chair of Management Board |
| 2004-11-09 | Appellant's condensed book, 12 copies - submitted in court. | Ontario Judges' Association |
| 2004-11-04 | Notice of appearance, Louis Masson, Michel Paradis and Valerie Jordi will be present at the hearing. | Federation of Law Societies of Canada |
| 2004-11-04 | Notice of appearance, C. Michael Mitchell and Steven M. Barrett will be present at the hearing. | Ontario Judges' Association |
| 2004-11-03 | Notice of appearance, Lori Sterling, Sean Hanley and Arif Virani will be present at the hearing. | Her Majesty the Queen in Right of the Province of Ontario, as Represented by the Chair of Management Board |
| 2004-11-01 |
Order by, LeB, UPON APPLICATION by the Federation of Law Societies of Canada for leave to intervene in the above appeals and pursuant to the order of October 26, 2004; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes in total at the hearing of these appeals. Granted |
|
| 2004-10-29 | Intervener's factum, (joint with 30477, 29525, 30006), Completed on: 2004-10-29 | Federation of Law Societies of Canada |
| 2004-10-27 | Notice of appearance, F. William Johnson will be present at the hearing. | Canadian Bar Association |
| 2004-10-27 | Notice of appearance, Claude-Armand Sheppard, Annick Bergeron and Brigitte Bussières will be present at the hearing. | Attorney General of Quebec |
| 2004-10-26 | Notice of appearance, Kurt Sandstom will be present at hearing. | Attorney General of Alberta |
| 2004-10-26 | Order on motion for leave to intervene, (BY LEBEL J.) | |
| 2004-10-26 |
Decision on the motion for leave to intervene, LeB, The motion for an extension of time to apply for leave to intervene and the motion for leave to intervene of the applicant, Federation of Law Societies of Canada, are granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length on or before November 1, 2004. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. Granted |
|
| 2004-10-26 | Submission of motion for leave to intervene, LeB | |
| 2004-10-26 |
Decision on motion to extend time, to apply for leave to intervene on behalf of Federation of Law Societies of Canada, LeB Granted |
|
| 2004-10-26 | Submission of motion to extend time, LeB | |
| 2004-10-20 | Motion to extend time, to file the motion to intervene to Oct. 20, 2004 (joint), Completed on: 2004-10-26 | Federation of Law Societies of Canada |
| 2004-10-20 | Motion for leave to intervene, (joint with 30477, 29525, 30006), Completed on: 2004-10-26 | Federation of Law Societies of Canada |
| 2004-10-19 |
Order by, Ba, UPON APPLICATION by the Attorney General of Quebec, the Attorney General of Alberta and the Canadian Bar Association for leave to intervene in the above appeal and pursuant to the order of September 23, 2004; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2004-10-18 | Book of authorities, Completed on: 2004-10-18 | Attorney General of Quebec |
| 2004-10-18 | Intervener's factum, Completed on: 2004-10-18 | Attorney General of Quebec |
| 2004-10-18 | Book of authorities, Completed on: 2004-10-18 | Attorney General of Alberta |
| 2004-10-18 | Intervener's factum, Completed on: 2004-10-18 | Attorney General of Alberta |
| 2004-10-18 | Intervener's factum, Completed on: 2004-10-18 | Canadian Bar Association |
| 2004-09-23 | Order on motion for leave to intervene, (BY BASTARACHE J.) | |
| 2004-09-23 |
Decision on the motion for leave to intervene, Ba, The motion for leave to intervene of the applicant, the Attorney General of Quebec, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before October 18, 2004. The motion for leave to intervene of the applicant, the Attorney General of Alberta, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before October 18, 2004. The motion for leave to intervene of the applicant, Canadian Bar Association, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before October 18, 2004. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their intervention. Granted |
|
| 2004-09-23 | Submission of motion for leave to intervene, Ba | |
| 2004-09-21 | Respondent's book of authorities, (Vol. I and II), Completed on: 2004-09-21 | Her Majesty the Queen in Right of the Province of Ontario, as Represented by the Chair of Management Board |
| 2004-09-21 | Respondent's record, Completed on: 2004-09-21 | Her Majesty the Queen in Right of the Province of Ontario, as Represented by the Chair of Management Board |
| 2004-09-21 | Respondent's factum, Completed on: 2004-09-21 | Her Majesty the Queen in Right of the Province of Ontario, as Represented by the Chair of Management Board |
| 2004-09-21 | Response to the motion for leave to intervene, of the Canadian Bar Association (E-Mail) from Karen Collins, Completed on: 2004-09-21 | Ontario Judges' Association |
| 2004-09-21 | Appeal perfected for hearing | |
| 2004-09-15 | Response to the motion for leave to intervene, Completed on: 2004-09-15 | Her Majesty the Queen in Right of the Province of Ontario, as Represented by the Chair of Management Board |
| 2004-09-13 | Response to the motion for leave to intervene, e-mail from Vanessa Payne dated 09/13/04 (to A.G. Qc and A.G. Alberta), Completed on: 2004-09-13 | Ontario Judges' Association |
| 2004-09-08 | Response to the motion for leave to intervene, e-mail from Sean Hanley dated 09/08/04, Completed on: 2004-09-08 | Her Majesty the Queen in Right of the Province of Ontario, as Represented by the Chair of Management Board |
| 2004-09-02 | Correspondence received from, R. Houston, dated Sept. 2/04 re: corrections to the Appellants record | Ontario Judges' Association |
| 2004-08-31 | Motion for leave to intervene, (joint with motion to extend time), Completed on: 2004-08-31 | Attorney General of Alberta |
| 2004-08-30 | Motion for leave to intervene, to file a factum and present oral argument, Completed on: 2004-09-22 | Attorney General of Quebec |
| 2004-08-26 | Motion for leave to intervene, to file a factum and present oral argument, Completed on: 2004-08-26 | Canadian Bar Association |
| 2004-08-10 | Appellant's record, VOLS. 1 to 4 (filed by DVD - corrections to be made, see letter of Sept. 2 - will file 24 paper copy - corrected copies rec'd Sept. 29/04) (original filed Sept. 3/04) (sent to the judges Oct. 15/04), Completed on: 2004-08-10 | Ontario Judges' Association |
| 2004-08-05 | Order on motion to extend time, (BY CHIEF JUSTICE) | |
| 2004-08-05 |
Decision on motion to extend time, to serve and file the motion to state constitutional questions, CJ Granted |
|
| 2004-08-05 | Order on motion to state a constitutional question, (BY CHIEF JUSTICE) | |
| 2004-08-05 |
Decision on the motion to state a constitutional question, CJ, The application for an extension of time is granted and the motion to state constitutional questions is dismissed. Dismissed |
|
| 2004-08-03 | Notice of hearing sent to parties | |
| 2004-07-27 | Appellant's factum, Completed on: 2004-07-27 | Ontario Judges' Association |
| 2004-07-26 | Appellant's book of authorities, Completed on: 2004-07-26 | Ontario Judges' Association |
| 2004-07-21 | Submission of motion to extend time, CJ | |
| 2004-07-21 | Submission of motion to state a constitutional question, CJ | |
| 2004-07-15 |
Appeal hearing scheduled, 2004-11-09 Judgment reserved |
|
| 2004-07-13 | Reply to the motion to state a constitutional question, Completed on: 2004-07-13 | Ontario Judges' Association |
| 2004-07-12 | Response to the motion to state a constitutional question, 3 copies (letter form), Completed on: 2004-07-12 | Her Majesty the Queen in Right of the Province of Ontario, as Represented by the Chair of Management Board |
| 2004-06-30 | Motion to extend time, (to file the motion to state const. questions)(joint), Completed on: 2004-06-30 | Ontario Judges' Association |
| 2004-06-30 | Motion to state a constitutional question, (joint with extension of time)(book form), Completed on: 2004-06-30 | Ontario Judges' Association |
| 2004-06-17 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2004-06-03 | Notice of appeal, Completed on: 2004-06-03 | Ontario Judges' Association |
| 2004-05-21 | Judgment on leave sent to the parties | |
| 2004-05-20 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C39422, dated October 29, 2003, is granted with costs to the applicant in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2004-05-20 |
Decision on motion to extend time to file and /or serve the leave application, The application for an extension of time is granted. Granted |
|
| 2004-04-26 | All materials on application for leave submitted to the Judges, Ia Bi Arb | |
| 2004-04-26 | Submission of motion to extend time to file and/ or serve the leave application, Ia Bi Arb | |
| 2004-04-19 | Correspondence received from, Michael Mitchell re: matter similar to 29525 and 30006 (cc to respondent) | Ontario Judges' Association |
| 2004-03-04 | Applicant's reply to respondent's argument, Completed on: 2004-03-04 | Ontario Judges' Association |
| 2004-02-20 | Book of authorities | Her Majesty the Queen in Right of the Province of Ontario, as Represented by the Chair of Management Board |
| 2004-02-20 | Respondent's response on the application for leave to appeal, Completed on: 2004-02-20 | Her Majesty the Queen in Right of the Province of Ontario, as Represented by the Chair of Management Board |
| 2004-01-30 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2004-01-22 | Motion to extend the time to file and or serve the application for leave to appeal, Included in Application for Leave to Appeal, Completed on: 2004-01-22 | Ontario Judges' Association |
| 2004-01-22 | Book of authorities | Ontario Judges' Association |
| 2004-01-22 | Application for leave to appeal, Completed on: 2004-01-22 | Ontario Judges' Association |
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 |
|---|---|---|
| Ontario Judges' Association | Appellant | Active |
| Ontario Family Law Judges' Association and The Ontario Provincial Court (Civil Division) Judges' Association | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of the Province of Ontario, as Represented by the Chair of Management Board | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Bar Association | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Federation of Law Societies of Canada | Intervener | Active |
Counsel
Party: Ontario Judges' Association
Counsel
Steven Barrett
Vanessa Payne
20 Dundas Street W., Suite 1130
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Ontario Family Law Judges' Association and The Ontario Provincial Court (Civil Division) Judges' Association
Counsel
20 Dundas Street W., Suite 1130
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Her Majesty the Queen in Right of the Province of Ontario, as Represented by the Chair of Management Board
Counsel
Arif Virani
Sean Hanley
720 Bay Street
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4999
FAX: (416) 326-4181
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Canadian Bar Association
Counsel
700 - 1914 Hamilton Street
Regina, Saskatchewan
S4P 3N6
Telephone: (306) 522-3030
FAX: (306) 522-3555
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Quebec
Counsel
4700 - 800 Place Victoria
CP 322 Succ Tour de la Bourse
Montréal, Quebec
H4Z 1H6
Telephone: (514) 878-2631
FAX: (514) 878-1865
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Attorney General of Alberta
Counsel
Room 418, 4th Floor, Bowker Building
9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-4160
FAX: (780) 425-0307
Email: kurt.sandstrom@gov.ab.ca
Agent
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: Federation of Law Societies of Canada
Counsel
600 - 1134, chemin St-Louis
Sillery, Quebec
G1S 1E5
Telephone: (418) 681-7007
FAX: (418) 681-7100
Email: louis.masson@jolicoeurlacasse.com
Agent
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.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.
The relevant facts as found by the courts below are as follows. The Appellants sought judicial review and an order quashing and setting aside the decision of the Respondent, Government of Ontario, dated February 1, 2000, which rejected and failed to implement any of the pension recommendations of the Fourth Triennial (1998-2001) Remuneration Commission ( the "Commission"). The Commission was constituted pursuant to the Courts of Justice Act, R.S.O. 1990, c. 43, s. 51.13, and the Framework Agreement, attached as a schedule to that statute. The Framework Agreement governs the jurisdiction and terms of reference of each triennial commission. The Commission's recommendations relating to judicial salaries, benefits and allowances are binding on the Government. In contrast, the Commission's recommendations relating to judicial pensions are not binding.
On May 20, 1999, the Commission released its report. The majority of the Commission recommended significant improvements to the judges' pension scheme. The Commission recommended that the Government improve the pension scheme for provincial judges in one of three ways: (1) duplicate the federal scheme; (2) adopt a 20 year accrual rate of 3.3 per cent, which would provide a judge with a pension of 66 2/3 per cent of salary at age 65 after 20 years of service; or (3) provide an across-the-board increase of 10 per cent, making the base pension 55 per cent. The majority of the Commission also recommended a retirement Rule of 80 for provincial judges, similar to the plan for federally appointed judges. The Rule of 80 permits retirement before age 65 without penalty if a judge's age and years of service, added together, equal 80. Finally, the majority of the Commission recommended that the penalties applicable to provincial judges who retire early be eliminated or, in the alternative, the reduction factors be reversed.
The Respondent, Government, decided to engage Price PricewaterhouseCoopers ("PwC") to review and provide advice on the Commission's pension recommendations. In a letter to the Chair of the Commission dated February 1, 2000, the Government, speaking through the Chair of the Management Board of Cabinet, indicated that it decided not to implement any of the recommendations of the Commission. The Appellants' application for judicial review of the Respondent's decision was dismissed by the Ontario Divisional Court, as was their appeal to the Ontario Court of Appeal.
Lower court rulings
Ontario Superior Court of Justice
483/2000
Appellants' application for judicial review dismissed
Court of Appeal for Ontario
C39422
Appellants' appeal 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
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