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.
23813
Kwong Hung Chan v. Minister of Employment and Immigration
(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) |
|---|---|---|
| 1995-11-23 | Correspondence (sent by the Court) to, sent to Federal Court of Canada (Ottawa, ON) enclosing their record | |
| 1995-10-30 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, oN) | |
| 1995-10-30 | Copy of formal judgment being prepared, A.G. of Canada (Ottawa, ON) | |
| 1995-10-30 | Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. Ontario (Ottawa) | |
| 1995-10-30 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1995-10-19 |
Judgment on the appeal rendered, LaF L'HD So G Co Ia Ma, The appeal is dismissed, La Forest, L'Heureux-Dubé and Gonthier JJ. dissenting. Dismissed, no order as to costs |
|
| 1995-10-19 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1995-10-19 | Notice of deposit of judgment sent to all parties, A.G. of Canada (Ottawa, ON) | |
| 1995-10-19 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1995-07-06 | General proceeding, 10 copies of reasons for judgment of the Federal Court of Australia | Minister of Employment and Immigration |
| 1995-07-06 | Correspondence (sent by the Court) to, enclosing 10 of an unreported decision of the Federal Court of Australia, sent to LaF L'HD So G Co I Ma, July 7/95 | |
| 1995-03-24 | Correspondence (sent by the Court) to, (by fax) from Gerald Donegan; re: enclosed page 22 (order sought) to be brought to the attention of the Court, sent to LaF L'HD So G Co I Ma, March 27/95 | |
| 1995-02-08 | General proceeding, transcripts received and distributed to the judges (88 pages) | |
| 1995-01-31 |
Hearing of the appeal, 1995-01-31, LaF L'HD So G Co Ia Ma Decision reserved |
|
| 1995-01-31 | General proceeding, 8 copies of INTERNATION HUMAN RIGHTS LAW AND THE CANADIAN CHARTER (GIVEN IN COURT BY THE INTERVENER, CAN. COUNCIL FOR REFUGEES) | Canadian Council for Refugees |
| 1995-01-31 | General proceeding, 8 copies of JUDGMENT OF THE FEDERAL COURT OF AUSTRALIA (GIVEN IN COURT BY THE RESPONDENT) | Minister of Employment and Immigration |
| 1995-01-27 | General proceeding, 11 copies of REPORT OF THE INTERNATIONAL CONFERENCE ON POPULATION AND DEVELOPMENT | |
| 1995-01-24 | Appeal hearing | |
| 1995-01-24 | Appeal removed from the list | |
| 1995-01-19 | Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument | |
| 1995-01-18 | Book of authorities, 10 copies, with service | Canadian Council for Refugees |
| 1995-01-16 | Book of authorities, 10 copies, with service | Kwong Hung Chan |
| 1995-01-13 |
Appeal hearing scheduled, 1995-01-31 Decision reserved |
|
| 1995-01-11 | Intervener's factum, 25 copies (25 COPIES OF REVISED RECEIVED ON JAN. 20/95 TYPOGRAPHICAL ERROR), with service | Immigration and Refugee Board |
| 1995-01-06 | Service, copy of the intervener's factum | |
| 1995-01-06 | Notice of hearing, 1 copy, with service | Kwong Hung Chan |
| 1995-01-04 | Intervener's factum, 24 copies | Canadian Council for Refugees |
| 1995-01-04 | Order on motion to extend time, to file the factum to Dec 21/94 | |
| 1995-01-04 |
Decision on motion to extend time, to file the factum to Dec 21/94, Reg Granted, no order as to costs |
|
| 1995-01-04 | Hearing of motion to extend time, 1995-01-04, to file the factum to Dec 21/94, Reg | |
| 1995-01-04 | Submission of motion to extend time, 1995-01-04, to file the factum to Dec 21/94, Reg | |
| 1995-01-03 | Book of authorities, 10 copies, with service | Minister of Employment and Immigration |
| 1995-01-03 | Response to motion to extend time, to serve and file the respondent's factum to Dec. 21/94 (letterform) | Kwong Hung Chan |
| 1995-01-03 | Affidavit, to serve and file the factum to Dec. 21/94; Deirdre A. Rice, with service | Minister of Employment and Immigration |
| 1995-01-03 | Motion to extend time, to serve and file the factum to Dec. 21/94, with service | Minister of Employment and Immigration |
| 1994-12-21 | Respondent's factum, 24 copies (extension of time requested), with service | Minister of Employment and Immigration |
| 1994-11-17 | Motion to extend time, to file the appellant's factum to Aug 17/94 | Kwong Hung Chan |
| 1994-11-17 | Order on motion to extend time, to file the factum to Aug 17/94 | |
| 1994-11-17 |
Decision on motion to extend time, to file the factum to Aug 17/94, Reg Granted, no order as to costs |
|
| 1994-11-17 | Hearing of motion to extend time, 1994-11-17, to file the factum to Aug 17/94, Reg | |
| 1994-11-17 | Submission of motion to extend time, 1994-11-17, to file the factum to Aug 17/94, Reg | |
| 1994-11-17 | Response to motion to extend time, of Deirdre A. Rice to file the appellant's factum to Aug. 17/94 (fax copy) | Minister of Employment and Immigration |
| 1994-11-17 | Affidavit, of Rod Holloway to file the appellant's factum to Aug. 17/94 | Kwong Hung Chan |
| 1994-10-12 | Appeal perfected for hearing, Session beginning on 1995-01-23 | |
| 1994-09-28 | Order on motion for leave to intervene | |
| 1994-09-26 | Proof of service, 1 copy of Case on appeal vol. 1 and 2 | |
| 1994-09-20 | Correspondence (sent by the Court) to, from Deirdre A. Rice to Registrar: informing us of the change of address (Civil Litigation) | |
| 1994-08-17 | Appellant's factum, 24 copies (extension of time requested - E.V.B. advised), with service | Kwong Hung Chan |
| 1994-08-11 |
Decision on the motion for leave to intervene, Factum not to exceed 20 pages. The Court may, if it deems it helpful, on the hearing of the appeal call on the intervener to make oral submissions on the subject of the definition which should not exceed 5 minutes (For reasons see file)., Co Granted, no order as to costs |
|
| 1994-08-11 | Hearing of motion for leave to intervene, 1994-08-11, Factum not to exceed 20 pages. The Court may, if it deems it helpful, on the hearing of the appeal call on the intervener to make oral submissions on the subject of the definition which should not exceed 5 minutes (For reasons see file)., Co | |
| 1994-08-11 | Submission of motion for leave to intervene, 1994-08-11, Factum not to exceed 20 pages. The Court may, if it deems it helpful, on the hearing of the appeal call on the intervener to make oral submissions on the subject of the definition which should not exceed 5 minutes (For reasons see file)., Co | |
| 1994-08-11 |
Hearing of motion for leave to intervene, 1994-08-11 Decision reserved |
|
| 1994-08-11 |
Submission of motion for leave to intervene, 1994-08-11 Decision reserved |
|
| 1994-08-08 |
Decision on the motion for leave to intervene, factum limited to 20 pages and oral argument limited to 10 minutes, with service, Co Granted, no order as to costs |
|
| 1994-08-08 | Hearing of motion for leave to intervene, 1994-08-08, factum limited to 20 pages and oral argument limited to 10 minutes, with service, Co | |
| 1994-08-08 | Submission of motion for leave to intervene, 1994-08-08, factum limited to 20 pages and oral argument limited to 10 minutes, with service, Co | |
| 1994-07-21 | Correspondence (sent by the Court) to, from E. Sojonky to M. Larmour re: takes no position with regard to the application for leave to intervene of the Immigration and Refugee Board | |
| 1994-06-30 | Appeal court record, 1 accordion file (joint with Trial record) | |
| 1994-06-30 | Trial court record, 1 accordion file (joint with C/A record) | |
| 1994-06-30 | Certified casebook, vol. I & II (service admitted on June 17/94), with service | Kwong Hung Chan |
| 1994-06-17 | Case on appeal, 23 copies of vol. I & II (extension of time requested) | Kwong Hung Chan |
| 1994-06-14 | Response to the motion for leave to intervene, of the Immigration and Refugee Board; 2 copies | Kwong Hung Chan |
| 1994-04-29 | Correspondence (sent by the Court) to, from Howard R. Eddy to the Registrar re: enclosing proof of service of the affidavit in support of the motion to intervene by IRB | |
| 1994-04-29 | Proof of service, of the affidavit in support for motion to intervene (Nurjehan Mawani) | |
| 1994-04-29 | Response to the motion for leave to intervene, of Canadian Council for Refugees by the appellant (Gowling, Strathy) | Kwong Hung Chan |
| 1994-04-29 | Affidavit, of Nancy Worsfold (2 copies), with service | Canadian Council for Refugees |
| 1994-04-29 | Motion for leave to intervene, (2 copies), with service | Canadian Council for Refugees |
| 1994-04-28 | Affidavit, 2 copies (Nurjehan Mawani) | Immigration and Refugee Board |
| 1994-04-28 | Motion for leave to intervene, (2 copies) | Immigration and Refugee Board |
| 1994-03-16 | Order granting leave to appeal | |
| 1994-03-10 | Order granting leave to appeal | |
| 1994-03-02 | Correspondence (sent by the Court) to, sent to Legal Services Society (Vancouver, BC) enclosing copy of Rule 32 | |
| 1994-03-02 | Correspondence (sent by the Court) to, sent to Mary A. Humphries (Vancouver, BC) enclosing copy of Rule 32 | |
| 1994-03-01 | Notice of appeal, With service | Kwong Hung Chan |
| 1994-02-11 | Notice of deposit of judgment issued to all parties, A.G. of Canada (Ottawa, ON) | |
| 1994-02-11 | Notice of deposit of judgment issued to all parties, Legal Services Society (Vancouver, BC) | |
| 1994-02-10 |
Judgment of the Court on the application for leave to appeal, CJ Co Ia, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1994-02-10 | Hearing of the application for leave to appeal, 1994-02-10, CJ Co Ia | |
| 1994-02-10 | All materials on application for leave submitted to the Judges, 1994-02-10, CJ Co Ia | |
| 1993-12-08 | All materials on application for leave submitted to the Judges, CJ Co I | |
| 1993-11-29 | Correspondence received from, (by fax) from Rod Holloway; re: will not be filing a reply (original filed on Dec. 6/93) | Kwong Hung Chan |
| 1993-11-18 | Correspondence received from, sent to Legal Services Society (Vancouver, BC) re: receipt of material commencing a proceeding and filing fee | |
| 1993-11-16 | Respondent's response on the application for leave to appeal, 5 copies, with service | Minister of Employment and Immigration |
| 1993-10-27 | $30.00 filing fee, receipt #27757, with service | Kwong Hung Chan |
| 1993-10-27 | Application for leave to appeal, 5 copies, with service, Completed on: 1993-10-27 |
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 |
|---|---|---|
| Chan, Kwong Hung | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Employment and Immigration | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Immigration and Refugee Board | Intervener | Active |
| Canadian Council for Refugees | Intervener | Active |
Counsel
Party: Chan, Kwong Hung
Counsel
Rod Holloway
Legal Services Society
1500 - 1140 Pender St W
Vancouver, British Columbia
V6E 4G1
Telephone: (604) 601-6000
1500 - 1140 Pender St W
Vancouver, British Columbia
V6E 4G1
Telephone: (604) 601-6000
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Minister of Employment and Immigration
Counsel
Gerald Donegan, Q.C.
Attorney General of Canada
900 - 840 Howe St.
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-1879
FAX: (604) 666-1599
Email: gerald.donegan@justice.gc.ca
900 - 840 Howe St.
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-1879
FAX: (604) 666-1599
Email: gerald.donegan@justice.gc.ca
Agent
George M. Thomson
Attorney General of Canada
Department of Justice
239 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4900
Department of Justice
239 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4900
Party: Immigration and Refugee Board
Counsel
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Canadian Council for Refugees
Counsel
Ronald Shacter
Parkdale Community Legal Services
165 DUFFERIN ST
TORONTO, Ontario
M6K 1Y9
Telephone: (416) 531-2411
FAX: (416) 531-0885
165 DUFFERIN ST
TORONTO, Ontario
M6K 1Y9
Telephone: (416) 531-2411
FAX: (416) 531-0885
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Summary
Keywords
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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 21, 1993
Federal Court of Appeal
A-223-92
Federal Court of Appeal
A-223-92
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.
Downloadable PDFs
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Related links
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.
Downloadable PDFs
Not available
Related links
Date modified: 2025-05-13