Case information
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23968
Fred Harvey v. Attorney General of New Brunswick, et al.
(New Brunswick) (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) |
|---|---|---|
| 2004-04-20 | Payment out cheque issued, ($563.87) | |
| 2004-04-02 | Approved order for payment out, (sent to Finance April 5/04) | |
| 2004-04-02 |
Decision on miscellaneous motion, to reimburse the $500 security deposit - Document not microfilmed but is on file, Reg Granted |
|
| 2004-04-02 | Submission of miscellaneous motion, Reg | |
| 2004-02-13 | Notice of miscellaneous motion, reimbursement of $500 deposit - Document not microfilmed but is on file, Completed on: 2004-02-13 | Attorney General of New Brunswick |
| 1996-09-23 | Appeal closed | |
| 1996-08-29 | Formal judgment sent to the registrar of the court of appeal and all parties, New Brunswick (Fredericton) | |
| 1996-08-29 | Copy of formal judgment being prepared, Noël, Berthiaume | |
| 1996-08-29 | Copy of formal judgment being prepared, Burke-Robertson | |
| 1996-08-29 | Copy of formal judgment being prepared, A.G. of Canada | |
| 1996-08-29 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson | |
| 1996-08-22 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is dismissed with costs. L'Heureux-Dubé and McLachlin JJ. would find it unnecessary to answer the constitutional questions. (see file for answers to the constitutional questions). Dismissed, with costs |
|
| 1996-08-22 | Notice of deposit of judgment sent to all parties, Burke-Robertson | |
| 1996-08-22 | Notice of deposit of judgment sent to all parties, A.G. of Canada | |
| 1996-08-22 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson | |
| 1996-08-22 | Notice of deposit of judgment sent to all parties, Noël, Berthiaume | |
| 1996-02-26 | General proceeding, transcripts received and distributed to the judges (94 pages) | |
| 1996-02-19 | General proceeding, to note an article of Andrew Heard (given in Court | Attorney General of New Brunswick |
| 1996-02-19 |
Hearing of the appeal, 1996-02-19, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1996-02-16 | Correspondence (sent by the Court) to, of Gowlings re: duration of argument | |
| 1996-02-14 | Correspondence (sent by the Court) to, from G. Garton re: duration of argument | |
| 1996-02-05 | Response to motion to extend time, to file the A.G. of Ontario factum to Jan. 17/96 (joint with appellant's consent), Completed on: 1996-02-05 | Attorney General of New Brunswick |
| 1996-02-05 | Response to motion to extend time, to file the A.G. of Ontario factum to Jan. 17/96, Completed on: 1996-02-05 | Fred Harvey |
| 1996-02-05 |
Decision on motion to extend time, to Jan 17/96 to file the factum, Reg Granted, no order as to costs |
|
| 1996-02-05 | Hearing of motion to extend time, 1996-02-05, to Jan 17/96 to file the factum, Reg | |
| 1996-02-05 | Submission of motion to extend time, 1996-02-05, to Jan 17/96 to file the factum, Reg | |
| 1996-02-01 | Correspondence (sent by the Court) to, from Noel, Berthiaume, letter dated Jan. 29/96 re: P.G. Québec n'entend pas plaider oralement lors de l'audition | |
| 1996-01-31 | $50.00 filing fee for notice of motion, receipt #31484 | Attorney General for Ontario |
| 1996-01-31 | Affidavit, to file the factum to Jan. 17/96; Robert E. Charney, with service | Attorney General for Ontario |
| 1996-01-31 | Motion to extend time, to file the factum to Jan. 17/96, with service, Completed on: 1996-01-31 | Attorney General for Ontario |
| 1996-01-30 | Proof of service, of joint book of authorities | |
| 1996-01-29 | Book of authorities, 10 copies of vols. 1 and 2, Completed on: 1996-01-29 | Fred Harvey |
| 1996-01-17 | Intervener's factum, 24 copies (extension of time requested - Karen advised), with service, Completed on: 1996-01-17 | Attorney General for Ontario |
| 1996-01-12 | Notice of hearing | Fred Harvey |
| 1996-01-11 | Correspondence (sent by the Court) to, of Karen L. Collins re: duration of argument | |
| 1996-01-10 | Notice of withdrawal | Attorney General of British Columbia |
| 1996-01-03 |
Appeal hearing scheduled, 1996-02-19 Decision reserved |
|
| 1995-12-21 | Order on motion to extend time, to file the factum | |
| 1995-12-21 |
Decision on motion to extend time, to file the factum to Dec 11/95, Reg Granted, no order as to costs |
|
| 1995-12-21 | Hearing of motion to extend time, 1995-12-21, to file the factum to Dec 11/95, Reg | |
| 1995-12-21 | Submission of motion to extend time, 1995-12-21, to file the factum to Dec 11/95, Reg | |
| 1995-12-11 | Affidavit, to file the factum to Dec. 11/95; Dominique A. Jobin | Attorney General of Quebec |
| 1995-12-11 | $50.00 filing fee for notice of motion, receipt #31184 | Attorney General of Quebec |
| 1995-12-11 | Motion to extend time, to file the factum to Dec. 11/95, with service | Attorney General of Quebec |
| 1995-12-11 | Intervener's factum, 24 copies, with service | Attorney General of Quebec |
| 1995-12-05 | Proof of service, of the respondents' factum admitted on Nov. 21/95 | |
| 1995-12-04 | Book of authorities, 10 copies. | Attorney General of Canada |
| 1995-12-04 | Intervener's factum, 24 copies., with service | Attorney General of Canada |
| 1995-11-22 | Respondent's factum, 23 copies, with service | Attorney General of New Brunswick |
| 1995-11-21 | Appeal perfected for hearing | |
| 1995-11-07 | Correspondence (sent by the Court) to, from Gowlings; re: James C. Crocco will not be participating at the hearing of the appeal | |
| 1995-09-26 | Appellant's factum, 24 copies (see order of 95/08/28), with service | Fred Harvey |
| 1995-09-26 | General proceeding, 10copies of CHAPTER E-3 Elections Act | Fred Harvey |
| 1995-09-12 | Correspondence (sent by the Court) to, of E.J. Mockler, Q.C. to advise the Court of his new address | |
| 1995-08-28 | Order on motion to extend time, to file the factum to Sept 30/95 | |
| 1995-08-25 | $50.00 filing fee for notice of motion, to extend time receipt #30576 | Fred Harvey |
| 1995-08-25 |
Decision on motion to extend time, to file the factum to Sept 30/95, Co Granted, no order as to costs |
|
| 1995-08-25 | Hearing of motion to extend time, 1995-08-25, to file the factum to Sept 30/95, Co | |
| 1995-08-25 | Submission of motion to extend time, 1995-08-25, to file the factum to Sept 30/95, Co | |
| 1995-08-24 | Response to motion to extend time, of Gowling, Strathy re: motion to extend the time to file the appellant's factum to Sept. 30/95 | Attorney General of New Brunswick |
| 1995-08-24 | Affidavit, of Richard John Scott re: motion to extend the time the file the appellant's factum to Sept. 30/ 95 | Fred Harvey |
| 1995-08-24 | Motion to extend time, to file the appellant's factum to Sept. 30/95 (filing fee requested) | Fred Harvey |
| 1995-08-15 | Proof of service, from Mockler, Allen & Wilson re: letter dated July 31/95 (Rule 45) | |
| 1995-07-31 | Correspondence (sent by the Court) to, sent to A.G. for NB enclosing a Notice from the Registrar pursuant to Rule 45 from A. Roland (DOUBLE REGISTERED) c.c. Brian Crane, Q.C. | |
| 1995-07-31 | Correspondence (sent by the Court) to, sent to Mockler, Allen & Wilson (Fredericton, NB) enclosing a Notice from the Registrar pursuant to Rule 45 from A. Roland (DOUBLE REGISTERED) | |
| 1995-07-10 | Close file on Leave | |
| 1994-12-01 | General proceeding, material to be part of the Certified Case | Fred Harvey |
| 1994-12-01 | Certified casebook | Fred Harvey |
| 1994-10-27 | Proof of service, of the notice of intervention by the Att. Gen. of B.C. | |
| 1994-10-24 | Notice of intervention respecting a constitutional question, With service | Attorney General of Quebec |
| 1994-10-20 | Notice of intervention respecting a constitutional question, (1 copy), with service | Attorney General of British Columbia |
| 1994-10-20 | Notice of intervention respecting a constitutional question, (1 copy), with service | Attorney General for Ontario |
| 1994-10-17 | Case on appeal, 23 copies (extension of time requested) | Fred Harvey |
| 1994-10-14 | Notice of intervention respecting a constitutional question, (1 copy), with service | Attorney General of Canada |
| 1994-10-11 | Order granting leave to appeal | |
| 1994-09-27 | Notice of constitutional question(s), (2 copies), with service | Fred Harvey |
| 1994-09-26 | Order on motion to state a constitutional question | |
| 1994-09-19 |
Decision on the motion to state a constitutional question, notices of intention to intervene to be filed by Oct. 24/94 (for questions see file), CJ Granted, no order as to costs |
|
| 1994-09-19 | Hearing of the motion to state a constitutional question, 1994-09-19, notices of intention to intervene to be filed by Oct. 24/94 (for questions see file), CJ | |
| 1994-09-19 | Submission of motion to state a constitutional question, 1994-09-19, notices of intention to intervene to be filed by Oct. 24/94 (for questions see file), CJ | |
| 1994-08-10 | Response to the motion to state a constitutional question, (1 copy) | Attorney General of New Brunswick |
| 1994-08-10 | Motion to state a constitutional question, (1 copy) | Fred Harvey |
| 1994-07-07 | Correspondence (sent by the Court) to, sent to Gowling, Strathy & Henderson (Ottawa, ON) enclosing copy of Rule 32 | |
| 1994-07-07 | Correspondence (sent by the Court) to, sent to Mockler, Allen & Dixon (Fredericton, NB) c.c. Gowling, Strathy & Henderson, enclosing copy of Rule 32 | |
| 1994-07-07 | Correspondence (sent by the Court) to, sent to Department of Justice (Fredericton, NB) c.c. Gowling, Strathy & Henderson enclosing copy of Rule 32 | |
| 1994-07-07 | Correspondence (sent by the Court) to, sent to Crocco, Hunter, Purvis & Depow (Florenceville, NB) c.c. Gowling, Strathy & Henderson, enclosing copy of Rule 32 | |
| 1994-07-05 | Notice of deposit of security, direction #2311, with service | |
| 1994-06-30 | $500 security deposit paid, direction #2311 | Fred Harvey |
| 1994-06-29 | Notice of appeal, (1 copy), with service | Fred Harvey |
| 1994-06-02 |
Judgment of the Court on the application for leave to appeal, LaF So Ma, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1994-06-02 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-02-09 | All materials on application for leave submitted to the Judges, LaF So Ma | |
| 1994-02-04 | Applicant's reply to respondent's argument, 5 copies, with service | Fred Harvey |
| 1994-01-27 | Respondent's response on the application for leave to appeal, 5 copies (joint with respondent H. Myers, R04), with service | Dennis Cochrane |
| 1994-01-27 | Respondent's response on the application for leave to appeal, 5 copies (JOINT WITH RESPONDENT MINISTER OF MUNICIPALITIES, R02), with service | Attorney General of New Brunswick |
| 1994-01-10 | General proceeding, 5 copies (ELECTIONS ACT) (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL) | Fred Harvey |
| 1994-01-10 | $30.00 filing fee, receipt no. 24042 | Fred Harvey |
| 1994-01-10 | Application for leave to appeal, 5 copies (to be considered with No. 23894), with service, Completed on: 1994-01-10 | Fred Harvey |
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 |
|---|---|---|
| Harvey, Fred | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of New Brunswick | Respondent | Active |
| Minister of Municipalities, Culture & Housing | Respondent | Active |
| Cochrane, Dennis | Respondent | Active |
| Myers, Hazen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General for Ontario | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
Counsel
Party: Harvey, Fred
Counsel
839 Aberdeen Street.
P.O. Box 547
Fredericton, New Brunswick
E3B 5A6
Telephone: (506) 444-6589
FAX: (506) 444-6550
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Attorney General of New Brunswick
Counsel
670 King Street, P.O. Box 6000
Centennial Building
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2583
FAX: (506) 453-3651
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Minister of Municipalities, Culture & Housing
Counsel
670 King Street, P.O. Box 6000
Centennial Building
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2583
FAX: (506) 453-3651
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Cochrane, Dennis
Counsel
105 CONNELL ST
PO BOX 380
WOODSTOCK, New Brunswick
E0J 2B0
Telephone: (506) 325-3331
FAX: (506) 325-3355
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Myers, Hazen
Counsel
105 CONNELL ST
PO BOX 380
WOODSTOCK, New Brunswick
E0J 2B0
Telephone: (506) 325-3331
FAX: (506) 325-3355
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Attorney General of Canada
Counsel
Graham Garton, Q.C.
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 941-1866
Party: Attorney General for Ontario
Counsel
720 Bay Street
4th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4452
FAX: (416) 326-4015
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General of Quebec
Counsel
1200, route de l'Église, 2e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477 Ext: 20788
FAX: (418) 644-7030
Email: djobin@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
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
Court of Queen’s Bench of New Brunswick
F/M/4/93
application allowed in part
Court of Appeal of New Brunswick
78/93/CA
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