Case information

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)
2010-04-27	Payment out cheque issued, ($509.47)
2010-03-26	Approved order for payment out, sent to Finance March 29/10
2010-03-26	Response to miscellaneous motion, (Letter Form), from Jeff G. Saikaley dated March 26/10 (by fax), Completed on: 2010-03-26	Danno Cusson
2010-03-17	Notice of miscellaneous motion, for Payment Out of Court of the Security Deposit, Completed on: 2010-03-17	Douglas Quan
2010-01-28	Record returned to the Registrar of the Court of Appeal
2009-12-23	Appeal closed
2009-12-23	Formal judgment sent to the registrar of the court of appeal and all parties
2009-12-23	Judgment on appeal and notice of deposit of judgment sent to all parties
2009-12-22	Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for Ontario, Number C45365, 2007 ONCA 771, dated November 13, 2007, heard on February 17, 2009, is allowed and a new trial is ordered. The parties are to bear their own costs in this Court. The costs orders made in the courts below are not disturbed. Allowed, without costs
2009-05-29	Media lock-up request accepted
2009-05-29	Media lock-up consent form received from, Ronald Caza	Danno Cusson
2009-05-28	Media lock-up consent form received from, Richard Dearden	Douglas Quan
2009-05-25	Media lock-up letter, consent form and undertaking sample sent to all parties
2009-05-15	Media lock-up requested or proposed
2009-03-05	Transcript received, (104 pages)
2009-02-17	Judgment reserved OR rendered with reasons to follow
2009-02-17	Hearing of the appeal, 2009-02-17, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved
2009-02-17	Acknowledgement and consent for video taping of proceedings, all parties consented
2009-02-17	Intervener's condensed book, Filed in Court	Canadian Broadcasting Corporation
2009-02-17	Intervener's condensed book, Filed in Court	Globe and Mail
2009-02-17	Intervener's condensed book, Filed in Court	Canadian Civil Liberties Association
2009-02-17	Respondent's condensed book, Filed in Court	Danno Cusson
2009-02-17	Appellant's condensed book, Filed in Court	Douglas Quan
2009-02-16	Correspondence received from, Heenan Blaikie re: letter of explanation for supplémental book of Authorities and Records	Danno Cusson
2009-02-16	Supplemental document, Supplemental Records of the Respondent - Vol. 1 to 4 - new CD rec'd Feb. 20/09 and Certificat of Counsel (sent to the Court Feb. 16/09), Completed on: 2009-02-18	Danno Cusson
2009-02-16	Supplemental document, Supplémental book of authorities (sent to the Court Feb. 16/09), Completed on: 2009-02-18	Danno Cusson
2009-02-12	Correspondence received from, Mr. Jacobsen re: presentation of counsel - c.c. to all parties - rec'd by fax	Globe and Mail
2009-02-11	Correspondence received from, Gowlings re: request for exhibits 32 and 33 to be setup in the Courtroom	Douglas Quan
2009-02-11	Correspondence received from, Gowlings rec'd by e-mail re: request to 2 extra seats	Douglas Quan
2009-02-06	Notice of appearance, Daniel Henry will be appearing	Canadian Broadcasting Corporation
2009-02-05	Supplemental document, (supplemental authorities), Completed on: 2009-02-05	Douglas Quan
2009-02-04	Correspondence received from, Mr. Jacobsen re: revised page 8 of their factum and CD (sent to the Court Feb. 5/09)	Globe and Mail
2009-01-30	Correspondence received from, request reservation of 4 places	Danno Cusson
2009-01-30	Notice of appearance, Ronald Caza, Mark Power and Jeff Saikaley will be appearing	Danno Cusson
2009-01-29	Notice of appearance, Peter Downard, Catherine Wiley and Dawn Robertson will be appearing	Peter Grant and Grant Forest Products Inc.
2009-01-28	Notice of appearance, Patricia Jackson, Andrew Bernstein and Jennifer Conroy will be appearing	Canadian Civil Liberties Association
2009-01-28	Notice of appearance, Paul Schabas, Iris Fischer and Erin Hoult will be appearing	Toronto Star Newspapers Limited
2009-01-28	Notice of appearance, Brian Macleod Rogers and Blair Mackenzie will be appearing	Canadian Newspaper Association, Ad IDEM/Canadian Media Lawyers' Association , RTNDA Canada/Association of Electronic Journalists, Canadian Publishers' Council, Magazines Canada, Canadian Association of Journalists
2009-01-27	Notice of appearance, Peter Jacobsen and Adrienne Lee will be appearing	Globe and Mail
2009-01-26	Order by, Cha, FURTHER TO THE ORDER dated January 12, 2009, granting leave to intervene to Peter Grant and Grant Forest Products Inc.; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted
2009-01-23	Intervener's book of authorities, Vol I to IV - CD and form rec'd Jan. 27/09, Completed on: 2009-01-27	Peter Grant and Grant Forest Products Inc.
2009-01-23	Intervener's factum, CD and Form rec'd Jan. 27/09, Completed on: 2009-01-27	Peter Grant and Grant Forest Products Inc.
2009-01-22	Notice of appearance, Richard Dearden and Wendy Wagner will be present at the hearing.	Douglas Quan
2009-01-21	Correspondence received from, Request for 6 reserved seats	Douglas Quan
2009-01-12	Order on motion for leave to intervene, (BY CHARRON J.)
2009-01-12	Decision on the motion for leave to intervene, Cha, UPON APPLICATION by Peter Grand and Grant Forest Products Inc. for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time to apply for leave to intervene and for leave to intervene by Peter Grant and Grant Forest Products Inc. is granted. The applicants shall be entitled to serve and file a single factum in this appeal not to exceed 10 pages in length on or before January 23, 2009. 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 raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by its intervention. Granted
2009-01-12	Submission of motion for leave to intervene, Cha
2009-01-12	Order by, Cha, FURTHER TO THE ORDER dated October 27, 2008, granting leave to intervene to the Canadian Broadcasting Corporation, The Globe and Mail, the Toronto Star Newspapers Limited, the Canadian Newspaper Association, Ad Idem/Canadian Media Lawyers Association, RTNDA Canada/The Association of Electronic Journalists, Canadian Publishers' Council, Magazines Canada, Canadian Association of Journalist, Canadian Journalists for Free Expression, The Writers' Union of Canada, Professional Writers Association of Canada, Book and Periodical Council and PEN Canada and the Canadian Civil Liberties Association; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted
2009-01-09	Intervener's book of authorities, Completed on: 2009-01-09	Canadian Civil Liberties Association
2009-01-09	Intervener's factum, Completed on: 2009-01-09	Canadian Civil Liberties Association
2009-01-08	Intervener's book of authorities, Completed on: 2009-01-08	Canadian Newspaper Association, Ad IDEM/Canadian Media Lawyers' Association , RTNDA Canada/Association of Electronic Journalists, Canadian Publishers' Council, Magazines Canada, Canadian Association of Journalists
2009-01-08	Intervener's factum, Completed on: 2009-01-08	Canadian Newspaper Association, Ad IDEM/Canadian Media Lawyers' Association , RTNDA Canada/Association of Electronic Journalists, Canadian Publishers' Council, Magazines Canada, Canadian Association of Journalists
2009-01-08	Intervener's book of authorities, CD missing - Rec'd on Jan. 13, 2009, Completed on: 2009-01-22	Canadian Broadcasting Corporation
2009-01-08	Intervener's factum, Cd missing - Rec'd on Jan 13, 2009, Completed on: 2009-01-22	Canadian Broadcasting Corporation
2008-12-30	Response to the motion for leave to intervene, (Letter Form), from R. F. Caza dated Dec. 30/08 (by fax), Completed on: 2008-12-30	Danno Cusson
2008-12-19	Intervener's book of authorities, (3 volumes), Completed on: 2008-12-19	Toronto Star Newspapers Limited
2008-12-19	Intervener's factum, Completed on: 2008-12-19	Toronto Star Newspapers Limited
2008-12-17	Intervener's book of authorities, Completed on: 2008-12-17	Globe and Mail
2008-12-17	Intervener's factum, Completed on: 2008-12-17	Globe and Mail
2008-12-17	Motion for leave to intervene, with extension of time included, Completed on: 2008-12-17	Peter Grant and Grant Forest Products Inc.
2008-12-05	Notice of withdrawal	Attorney General of British Columbia
2008-12-04	Correspondence received from, Richard Butler dated Dec. 2/08 re: will not taking part in the appeal	Attorney General of British Columbia
2008-11-24	Notice of hearing sent to parties
2008-11-24	Appeal hearing scheduled, 2009-02-17, (Previouwly Jan. 13/09, Feb. 16/09) Judgment reserved
2008-11-06	Trial court exhibits, (3 boxes and 1 oversized package)
2008-11-03	Appeal perfected for hearing
2008-10-28	Respondent's book of authorities, Vol. 1 to 3 - CD, Form and new version of Book of Authorities with page numbering rec'd Nov. 4/08, Completed on: 2008-11-10	Danno Cusson
2008-10-28	Respondent's record, Vol. 1 and 2 - CD and Form rec'd Nov. 4/08, Completed on: 2008-11-10	Danno Cusson
2008-10-28	Respondent's factum, 28 copies filed - CD and Form rec'd Nov. 4/08, new cd rec'd Nov. 10/08, Completed on: 2008-11-10	Danno Cusson
2008-10-27	Letter sent to Intervener(s)
2008-10-27	Order on motion for leave to intervene, (BY CHARRON J.)
2008-10-27	Decision on the motion for leave to intervene, Cha, The motions for leave to intervene of the Canadian Broadcasting Corporation, The Globe and Mail, the Toronto Star Newspapers Limited, the Canadian Newspaper Association, Ad Idem/Canadian Media Lawyers Association, RTNDA Canada/The Association of Electronic Journalists, Canadian Publishers' Council, Magazines Canada, Canadian Association of Journalist, Canadian Journalists for Free Expression, The Writers' Union of Canada, Professional Writers Association of Canada, Book and Periodical Council and PEN Canada, the Canadian Civil Liberties Association are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length. The motion for leave to intervene of Dr. Ferrel Christensen is dismissed. The requests to present oral argument are 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 raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their intervention. Allowed in part
2008-10-24	Submission of motion for leave to intervene, Cha
2008-09-30	Motion for leave to intervene, Completed on: 2008-09-30	Ferrel Christensen
2008-09-30	Motion for leave to intervene, (bookform), Completed on: 2008-09-30	Canadian Newspaper Association, Ad IDEM/Canadian Media Lawyers' Association , RTNDA Canada/Association of Electronic Journalists, Canadian Publishers' Council, Magazines Canada, Canadian Association of Journalists
2008-09-30	Motion for leave to intervene, (bookform), Completed on: 2008-09-30	Canadian Civil Liberties Association
2008-09-30	Motion for leave to intervene, (bookform), Completed on: 2008-09-30	Canadian Broadcasting Corporation
2008-09-29	Intervener's book of authorities, (on Motion to intervene), Completed on: 2008-09-29	Toronto Star Newspapers Limited
2008-09-29	Motion for leave to intervene, (bookform), Completed on: 2008-09-29	Toronto Star Newspapers Limited
2008-09-25	Motion for leave to intervene, Completed on: 2008-09-25	Globe and Mail
2008-09-02	Appellant's book of authorities, (5 volumes), Completed on: 2008-09-02	Douglas Quan
2008-09-02	Appellant's factum, Completed on: 2008-09-02	Douglas Quan
2008-08-27	Appellant's record, (10 volumes), Completed on: 2008-08-27	Douglas Quan
2008-08-01	Notice of intervention respecting a constitutional question	Attorney General of British Columbia
2008-06-24	Correspondence received from, R. F. Caza dated June 23/08 re: Scheduling date	Danno Cusson
2008-06-19	Certificate of taxation issued to, on motion, Richard Dearden
2008-06-19	Certificate of taxation issued to, Richard Dearden
2008-06-18	Notice of constitutional question(s), Served on all AG's on June 18, 2008	Douglas Quan
2008-06-18	Decision on the bill of costs, on motion, in the amount of $761.50, Reg
2008-06-18	Decision on the bill of costs, in the amount of $1,481.80, Reg
2008-06-16	Submission of the bill of costs, on motion, Reg
2008-06-16	Submission of the bill of costs, Reg
2008-06-11	Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE)
2008-06-11	Decision on the motion to state a constitutional question, CJ, 1. Is the common law of defamation governing the availability of the defence of qualified privilege to the media for publications to the world at large inconsistent with and an infringement of freedom of the press as guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? IT IS ALSO ORDERED THAT: Interveners referred to in subrule 61(4) of the Rules of the Supreme Court of Canada shall limit their oral argument to 10 minutes each. Granted
2008-05-14	Reply to the bill of costs, (Letter Form), (reply on both Bill of costs) (dated May 14/08), (service rec'd May 15/08), Completed on: 2008-05-15	Douglas Quan
2008-05-09	Response to the bill of costs, (Letter Form), dated May 9/08 (rec'd by fax) - cc. R. Dearden, Completed on: 2008-05-09	Danno Cusson
2008-05-06	Submission of motion to state a constitutional question, CJ
2008-05-01	Bill of costs, on motion, Completed on: 2008-06-19	Douglas Quan
2008-05-01	Bill of costs, Completed on: 2008-06-19	Douglas Quan
2008-04-30	Reply to the motion to state a constitutional question, (Letter Form), from Richard G. Dearden dated Apr. 30/08, Completed on: 2008-04-30	Douglas Quan
2008-04-28	Response to the motion to state a constitutional question, (Letter Form), from Ronald F. Caza dated Apr. 28/08, Completed on: 2008-04-28	Danno Cusson
2008-04-23	Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2008-04-18	Motion to state a constitutional question, Completed on: 2008-04-18	Douglas Quan
2008-04-18	Notice of deposit for security	Douglas Quan
2008-04-18	Notice of appeal, (CD-ROM rec'd April 21/08), Completed on: 2008-04-21	Douglas Quan
2008-04-04	Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2008-04-04	Judgment on leave sent to the parties
2008-04-03	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 C45365, 2007 ONCA 771, dated November 13, 2007, is granted with costs to the applicants in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause
2008-03-10	All materials on application for leave submitted to the Judges, Bi LeB De
2008-02-28	Reply to the motion to extend time to file and/ or serve the leave application, and the leave to cross-appeal (bookform), Completed on: 2008-02-28	Danno Cusson
2008-02-28	Order on motion to extend the time to file and/or serve the leave application, (BY DESCHAMPS J.)
2008-02-28	Decision on motion to extend time to file and /or serve the leave application, De, UPON APPLICATION by the respondent for an order extending the time to serve and file an application for leave to cross-appeal or, in the alternative, an order extending the time to serve and file an application for leave to appeal from the Ontario Court of Appeal's decision denying leave to appeal from a costs award made by the trial judge; THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed with costs. Dismissed, with costs
2008-02-28	Submission of motion to extend time to file and/ or serve the leave application, De
2008-02-21	Correspondence received from, Richard Dearden dated February 21, 2008. Re: Ext. of time	Douglas Quan
2008-02-21	Response to the motion to extend the time to file and / or serve the leave application, Service rec'd on Feb. 25, 2008, Completed on: 2008-02-25	Douglas Quan
2008-02-21	Applicant's reply to respondent's argument, Service rec'd on Feb. 25, 2008, Completed on: 2008-02-25	Douglas Quan
2008-02-11	Motion to extend the time to file and or serve the application for leave to appeal, and for leave to cross-appeal (Included in the response), Completed on: 2008-02-11	Danno Cusson
2008-02-11	Book of authorities, (2 volumes)	Danno Cusson
2008-02-11	Application for leave to cross-appeal, Included in the Response, Completed on: 2008-02-11	Danno Cusson
2008-02-11	Respondent's response on the application for leave to appeal, Completed on: 2008-02-11	Danno Cusson
2008-01-11	Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order
2008-01-10	Application for leave to appeal, Missing C/A order- Rec'd on January 15, 2008, Completed on: 2008-01-15	Douglas Quan

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Quan, Douglas	Appellant	Active
Kelly Egan, Don Campbell, Ottawa Citizen, Ottawa Citizen Group Inc., Southam Publications (A CanWest Company)	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
Cusson, Danno	Respondent	Active

Other parties

Other parties

Name	Role	Status
Globe and Mail	Intervener	Active
Toronto Star Newspapers Limited	Intervener	Active
Canadian Broadcasting Corporation	Intervener	Active
Canadian Civil Liberties Association	Intervener	Active
Canadian Newspaper Association, Ad IDEM/Canadian Media Lawyers' Association , RTNDA Canada/Association of Electronic Journalists, Canadian Publishers' Council, Magazines Canada, Canadian Association of Journalists	Intervener	Active
Canadian Journalists for Free Expression, Writers’ Union of Canada, Professional Writers Association of Canada, Book and Periodical Council and PEN Canada	Intervener	Active
Peter Grant and Grant Forest Products Inc.	Intervener	Active

Counsel

Summary

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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Webcasts

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