Case information
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22559
Paul Magder Furs Limited, 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.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1997-09-09 | Appeal closed | |
| 1994-07-15 | Correspondence (sent by the Court) to, sent to Court of Appeal for ON (Toronto, ON) enclosing their record | |
| 1993-11-04 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1993-11-04 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1993-11-04 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON) | |
| 1993-10-21 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is dismissed, L'Heureux-Dubé and McLachlin JJ. dissenting. Dismissed, no order as to costs |
|
| 1993-10-21 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON) | |
| 1993-10-21 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1993-09-02 | General proceeding, copy of Bill 38 (Retail Business Holidays Act) sent to CJ LaF L'HD So G Co McL I Maj, Sept 3/93 | Attorney General for Ontario |
| 1993-05-05 | Correspondence (sent by the Court) to, sent to Danson, Recht & Freedman (Toronto, ON) re: SSC has agreed to accept letter of April 21/93 in evidence | |
| 1993-04-23 | Correspondence (sent by the Court) to, from Timothy S.B. Danson; re: responding to the A.G.'s written submission of March 8/93 sent to CJ LaF L'HD So G Co McL I Maj, April 26/93 | |
| 1993-04-13 | General proceeding, to note 10 copies of RESPONSE TO FURTHER WRITTEN SUBMISSIONS... (joint with 22556) sent to CJ LaF L'HD So G Co McL I Maj | Attorney General for Ontario |
| 1993-03-26 | Correspondence (sent by the Court) to, sent to Mr. Hart Schwartz from A. Roland by Fax re: Attorney General for Ontario may file its own material no later than April 9, 1993 | |
| 1993-03-18 | Correspondence (sent by the Court) to, (by fax) from Hart Schwartz to the Registrar indicating that he would like to file material in reponse to the motion for new evidence, if granted (JOINT WITH 22556) sent to CJ LaF L'HD So G Co McL I Maj, March 19, 1993 | |
| 1993-03-17 | Correspondence (sent by the Court) to, of Timothy S.B. Danson (original) dated March 11, 1993 re letter of Mr. Schwartz sent to CJ LaF L'HD So G Co McL I Maj, March 19, 1993 | |
| 1993-03-17 | General proceeding, transcripts received and distributed to the judges (199 pages) (JOINT WITH 22556) | |
| 1993-03-16 | Correspondence (sent by the Court) to, (original) of Timothy S.B. Danson to the Registrar dated March 8, 1993 (joint with 22556) | |
| 1993-03-16 | General proceeding, to note 10 copies of CORRESPONDENCE OF MARCH 8, 1993 (book form) (joint with 22556) | Paul Magder Furs Limited, et al |
| 1993-02-25 |
Hearing of the appeal, 1993-02-25, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1993-02-24 | Affidavit, 10 copies; Douglas Strelshik | Paul Magder Furs Limited, et al |
| 1993-02-24 | Correspondence (sent by the Court) to, (by fax) from Robert Houston; re: Affidavits | |
| 1993-02-24 | Motion to adduce new evidence, 10 copies | Paul Magder Furs Limited, et al |
| 1993-02-23 | Book of authorities, 10 copies of vol. 1 to 3 (JOINT WITH 22556) | Attorney General for Ontario |
| 1993-02-23 | Affidavit, of Jay Lipman; in order to deal with the statements made at para. 10 of the appellants' reply factum | Attorney General for Ontario |
| 1993-02-22 | Order on motion to file a reply factum on appeal, With service | |
| 1993-02-22 | Reply factum on appeal, 24 copies (JOINT WITH 22556) | Paul Magder Furs Limited, et al |
| 1993-02-22 | Book of authorities, 10 copies (JOINT WITH 22556) | Paul Magder Furs Limited, et al |
| 1993-02-19 | Correspondence (sent by the Court) to, from Gowling advising that Timothy S. B. Danson and Julian Falconer are the solicitors for the appellants and will argue 2 hours (joint with 22556) | |
| 1993-02-19 | Response to motion to file a reply factum on appeal, (appellant) | Attorney General for Ontario |
| 1993-02-19 |
Decision on the motion to file a reply factum on appeal, Reg Granted, no order as to costs |
|
| 1993-02-19 | Hearing of motion to file a reply factum on appeal, 1993-02-19, Reg | |
| 1993-02-19 | Submission of motion to file a reply factum on appeal, 1993-02-19, Reg | |
| 1993-02-18 | Affidavit, Timothy S.B. Danson, with service | Paul Magder Furs Limited, et al |
| 1993-02-18 | Motion to file a reply factum on appeal, With service | Paul Magder Furs Limited, et al |
| 1993-02-17 | Notice of withdrawal, 1 copy (JOINT WITH 22556), with service | Attorney General of Quebec |
| 1993-02-15 | Respondent's factum, 25 copies (JOINT WITH 22442-22556) (SEE ORDER 05-02-93), with service | Attorney General for Ontario |
| 1993-02-11 | Order on motion for additional time to present oral argument, With service | |
| 1993-02-11 | Order on miscellaneous motion, fixing the time to serve and file the respondent and the interveners factm to Feb/15/1993, and allowing the appellants to rely on Oshawa Group's factum., with service | |
| 1993-02-09 | Proof of service, of notice of withdrawal | |
| 1993-02-09 | Proof of service, of notice of withdrawal, with service | |
| 1993-02-08 | Correspondence (sent by the Court) to, from James A. Girling; re: setting date of appeal | |
| 1993-02-08 | Response to miscellaneous motion, for an order fixing a time for the filing of the respondent and interveners factum; allowing the appellants to rely upon the factum already filed by The Oshawa Group; two hours of submissions for the appellants | Attorney General for Ontario |
| 1993-02-05 | Notice of withdrawal | Attorney General of Saskatchewan |
| 1993-02-05 |
Decision on miscellaneous motion, for an order fixing the time for the respondent an d the interveners to file their factums by no later than Feb\15\1993, & allowing the appellants to rely on the factum file by the Oshawa Group., CJ Granted, no order as to costs |
|
| 1993-02-05 | Hearing of miscellaneous motion, 1993-02-05, for an order fixing the time for the respondent an d the interveners to file their factums by no later than Feb\15\1993, & allowing the appellants to rely on the factum file by the Oshawa Group., CJ | |
| 1993-02-05 | Submission of miscellaneous motion, 1993-02-05, for an order fixing the time for the respondent an d the interveners to file their factums by no later than Feb\15\1993, & allowing the appellants to rely on the factum file by the Oshawa Group., CJ | |
| 1993-02-05 |
Decision on motion for additional time to present oral argument, namely a total of two (2) hours to the appellants and a total of two (2) hours to the respondents., CJ Granted, no order as to costs |
|
| 1993-02-05 | Hearing of motion for additional time to present oral argument, 1993-02-05, namely a total of two (2) hours to the appellants and a total of two (2) hours to the respondents., CJ | |
| 1993-02-05 | Submission of motion for additional time to present oral argument, 1993-02-05, namely a total of two (2) hours to the appellants and a total of two (2) hours to the respondents., CJ | |
| 1993-02-04 |
Appeal hearing scheduled, 1993-02-25 Decision reserved |
|
| 1993-02-03 | Notice of withdrawal, With service | Attorney General of Newfoundland |
| 1993-02-01 | Affidavit, for an order fixing a time for the respondent and the interveners to file their factums and for an order allowing the appellants to rely upon the factum filed by The Oshawa Group, with service | Paul Magder Furs Limited, et al |
| 1993-02-01 | Notice of miscellaneous motion, for an order fixing a time for the respondent and the interveners to file their factums and an order allowing the appellants to rely upon the factum filed by the Oshawa Group (joint with 22556 ), with service | Paul Magder Furs Limited, et al |
| 1993-02-01 | Affidavit, to wit 2 hours (of Timothy S.B. Danson) (joint with 22556), with service | Paul Magder Furs Limited, et al |
| 1993-02-01 | Motion for additional time to present oral argument, to wit 2 hours (2 copies) (joint with 22556), with service | Paul Magder Furs Limited, et al |
| 1993-01-25 |
Decision on motion to adjourn the hearing of the appeal, to the April 1993 session,, CJ Dismissed, no order as to costs |
|
| 1993-01-25 | Hearing of motion to adjourn the hearing of the appeal, 1993-01-25, to the April 1993 session,, CJ | |
| 1993-01-25 | Submission of motion to adjourn the hearing of the appeal, 1993-01-25, to the April 1993 session,, CJ | |
| 1993-01-21 | Affidavit, of Timothy S.B. Danson re does not consent the motion of the A.G. of Ontario (joint with 22556), with service | Paul Magder Furs Limited, et al |
| 1993-01-15 | Affidavit, (of Robert E. Charney) | Attorney General for Ontario |
| 1993-01-15 | Motion to adjourn the hearing of the appeal, (joint with 22556) | Attorney General for Ontario |
| 1992-09-25 |
Decision on motion to adjourn the hearing of the appeal, to the January 1993 session., CJ Granted, no order as to costs |
|
| 1992-09-25 | Hearing of motion to adjourn the hearing of the appeal, 1992-09-25, to the January 1993 session., CJ | |
| 1992-09-25 | Submission of motion to adjourn the hearing of the appeal, 1992-09-25, to the January 1993 session., CJ | |
| 1992-09-24 | Response to the motion to adjourn the hearing of the appeal, to the winter session | Attorney General for Ontario |
| 1992-09-24 | Affidavit, to the winter session (of Timothy S. B. Danson) (joint with 22556) | Paul Magder Furs Limited, et al |
| 1992-09-24 | Motion to adjourn the hearing of the appeal, to thew January 1993 session (winter session) | Paul Magder Furs Limited, et al |
| 1992-09-22 | Notice of hearing, With service | Paul Magder Furs Limited, et al |
| 1992-08-21 | Correspondence (sent by the Court) to, of Gowling, Strathy & Henderson to ask to be set down for hearing in December (joint with 22559) | |
| 1992-07-09 | Appeal perfected for hearing, Session beginning on 1992-10-05 | |
| 1992-06-22 | Notice of withdrawal | Attorney General of Nova Scotia |
| 1992-05-21 | Order on motion to directions, that the factum of the appellants filed in the support of this motion and filed in the record on May 7 1992, be accepted in its present form and it is ordered that the respondent may file a factum of 65 pages. | |
| 1992-05-15 | Service, copy of appellant's factum (joint with 22556) | |
| 1992-05-14 | Appellant's factum, 23 copies (joint with 22556), with service | Paul Magder Furs Limited, et al |
| 1992-05-07 |
Decision on motion for directions, for an order permitting the filing of a consolidated factum of 65 pages in lenght. The respondentis is also allowed to file a 65 page factum., So Granted, no order as to costs |
|
| 1992-05-07 | Hearing of motion for directions, 1992-05-07, for an order permitting the filing of a consolidated factum of 65 pages in lenght. The respondentis is also allowed to file a 65 page factum., So | |
| 1992-05-07 | Submission of motion for directions, 1992-05-07, for an order permitting the filing of a consolidated factum of 65 pages in lenght. The respondentis is also allowed to file a 65 page factum., So | |
| 1992-05-04 | Affidavit, for an order permitting the appellants to file one consolidated factum of 59 pages; Theodore P. Charney (joint with 22556) 3 copies, with service | Paul Magder Furs Limited, et al |
| 1992-05-04 | Motion for directions, for an order permitting the appellants to file one consolidated factum of 59 pages (joint with 22556) 3 copies, with service | Paul Magder Furs Limited, et al |
| 1992-05-04 | Appeal court record, 1 box containing C/A books | |
| 1992-04-27 | Certified casebook, 1 copy (joint with 22556), with service | Paul Magder Furs Limited, et al |
| 1992-03-23 | Notice of intervention respecting a constitutional question, (joint with 22556), with service | Attorney General of Nova Scotia |
| 1992-03-23 | Notice of intervention respecting a constitutional question, (joint with 22556), with service | Attorney General of Newfoundland |
| 1992-03-20 | Notice of intervention respecting a constitutional question, 2 copies (joint with 22556), with service | Attorney General of Quebec |
| 1992-03-19 | Case on appeal, (joint with 22556) 23 copies | Paul Magder Furs Limited, et al |
| 1992-03-16 | Notice of intervention respecting a constitutional question, With service | Attorney General of Saskatchewan |
| 1992-02-24 | Notice of constitutional question(s), With service | Paul Magder Furs Limited, et al |
| 1992-02-19 | Order on motion to state a constitutional question | |
| 1992-02-19 | Order on motion to extend time, to state Constitutional Questions, | |
| 1992-02-13 |
Decision on motion to extend time, to state Constitutional Questions,, CJ Granted, no order as to costs |
|
| 1992-02-13 | Hearing of motion to extend time, 1992-02-13, to state Constitutional Questions,, CJ | |
| 1992-02-13 | Submission of motion to extend time, 1992-02-13, to state Constitutional Questions,, CJ | |
| 1992-02-13 |
Decision on the motion to state a constitutional question, " For Constitutional Questions see file or Reg's red book #8 @ p.267. Intentions of intervention by the A.G. are to be filed by Mar/23/1992", CJ Granted, no order as to costs |
|
| 1992-02-13 | Hearing of the motion to state a constitutional question, 1992-02-13, " For Constitutional Questions see file or Reg's red book #8 @ p.267. Intentions of intervention by the A.G. are to be filed by Mar/23/1992", CJ | |
| 1992-02-13 | Submission of motion to state a constitutional question, 1992-02-13, " For Constitutional Questions see file or Reg's red book #8 @ p.267. Intentions of intervention by the A.G. are to be filed by Mar/23/1992", CJ | |
| 1992-02-11 | Correspondence (sent by the Court) to, (by fax) from Hart Schwartz; re: constitutional questions acceptable except #2 | |
| 1992-02-04 | Motion to extend time, to state constitutional questions | Paul Magder Furs Limited, et al |
| 1992-02-04 | Motion to state a constitutional question, (by fax) | Paul Magder Furs Limited, et al |
| 1991-12-19 | Close file on Leave | |
| 1991-12-12 | Notice of deposit of security, With service | |
| 1991-12-10 | Order granting leave to appeal, With service | |
| 1991-12-09 | Notice of appeal | Paul Magder Furs Limited, et al |
| 1991-12-09 | $500 security deposit paid, direction #2212 | Paul Magder Furs Limited, et al |
| 1991-11-14 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1991-11-14 | Notice of deposit of judgment issued to all parties, Soloway, Wright, Houston (Ottawa,ON) | |
| 1991-11-14 |
Judgment of the Court on the application for leave to appeal, CJ So McL, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1991-11-14 | Hearing of the application for leave to appeal, 1991-11-14, CJ So McL | |
| 1991-11-14 | All materials on application for leave submitted to the Judges, 1991-11-14, CJ So McL | |
| 1991-09-25 | Applicant's reply to respondent's argument, 5 copies (joint with 22556), with service | Paul Magder Furs Limited, et al |
| 1991-09-23 | All materials on application for leave submitted to the Judges, CJ So McL | |
| 1991-09-18 | Respondent's response on the application for leave to appeal, 5 copies (joint with 22556), with service | Attorney General for Ontario |
| 1991-09-18 | Order on motion to file a lengthy memorandum of argument, namely 40 pages. | |
| 1991-09-13 | Application for leave to appeal, as argument of 40 pages granted, Completed on: 1991-09-13 | |
| 1991-09-13 |
Decision on motion to file a lengthy memorandum of argument, (namely 40 page argument), McL Granted, no order as to costs |
|
| 1991-09-13 | Hearing of motion to file a lengthy memorandum of argument, 1991-09-13, (namely 40 page argument), McL | |
| 1991-09-13 | Submission of motion to file a lengthy memorandum of argument, 1991-09-13, (namely 40 page argument), McL | |
| 1991-09-11 | Affidavit, (namely 40 pages) joint with 22556; Timothy Danson | Paul Magder Furs Limited, et al |
| 1991-09-11 | Motion to file a lengthy memorandum of argument, (namely 40 pages) joint with 22556 | Paul Magder Furs Limited, et al |
| 1991-08-30 | Application for leave to appeal, (joint with 22556) 5 copies of vol. I & II (40 pages of arguments), Incomplete | Paul Magder Furs Limited, et al |
| 1991-08-22 | Correspondence received from, (by fax) from T.S.B. Danson anticipating to file the application for leave (with 22556) sometime next week | Paul Magder Furs Limited, et al |
| 1991-07-24 | $30.00 filing fee, #22962 | Paul Magder Furs Limited, et al |
| 1991-07-24 | Notice of application for leave to appeal, With service | Paul Magder Furs Limited, et al |
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 |
|---|---|---|
| Paul Magder Furs Limited, et al | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General for Ontario | Respondent | Active |
| McCormack, William | Respondent | Active |
| Metropolitan Toronto Police Force | Respondent | Active |
Counsel
Party: Paul Magder Furs Limited, et al
Counsel
Timothy S.B. Danson
Julian N. Falconer
Julian N. Falconer
Danson, Recht & Freedman
30 College St
2nd Floor
Toronto, Ontario
M5G 1K2
Telephone: (416) 929-2200
FAX: (416) 929-2192
30 College St
2nd Floor
Toronto, Ontario
M5G 1K2
Telephone: (416) 929-2200
FAX: (416) 929-2192
Agent
Henry S. Brown, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General for Ontario
Counsel
Elizabeth C. Goldberg
Hart Schwartz
Hart Schwartz
Attorney General for Ontario
720 BAY ST
7TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4460
FAX: (416) 326-4015
720 BAY ST
7TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4460
FAX: (416) 326-4015
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: McCormack, William
This party is not represented by counsel.
Party: Metropolitan Toronto Police Force
This party is not represented by counsel.
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
June 26, 1991
Ontario Court of Justice (General Division)
RE 2797/89
Ontario Court of Justice (General Division)
RE 2797/89
See file
July 15, 1991
Court of Appeal for Ontario
469/91
Court of Appeal for Ontario
469/91
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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.
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Factums on appeal
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.
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Date modified: 2025-05-13