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.
32760
Her Majesty the Queen v. Jennie Cunningham
(Yukon Territory) (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) |
|---|---|---|
| 2010-04-19 | Correspondence received from, M. A. Feder dated April 16/10 re: advising that Colin Baxter of Cavanagh Williams Conway Baxter LLP is no longer the Ottawa agent (by fax) | Law Society of British Columbia |
| 2010-03-30 | Appeal closed | |
| 2010-03-29 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2010-03-29 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2010-03-26 |
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 the Yukon Territory, Number 06-YU565, 2008 YKCA 7, dated May 26, 2008, heard on November 17, 2009, is allowed. Allowed |
|
| 2009-12-04 | Transcript received, (85 pages) | |
| 2009-11-17 | Judgment reserved OR rendered with reasons to follow | |
| 2009-11-17 |
Hearing of the appeal, 2009-11-17, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2009-11-17 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2009-11-17 | Intervener's condensed book, Filed in Court | Law Society of Yukon |
| 2009-11-17 | Respondent's condensed book, Filed in Court | Jennie Cunningham |
| 2009-11-13 | Supplemental document, Supplemental Authorities, Completed on: 2009-11-13 | Attorney General of Ontario |
| 2009-11-13 | Notice of appearance, Susan Reid will be present at the hearing. | Attorney General of Ontario |
| 2009-11-10 | Notice of appearance, Gordon R. Coffin and Nils F. N. Clarke will be appearing | Jennie Cunningham |
| 2009-11-03 | Notice of appearance, Ron Reimer and Peter A. Eccles will be appearing | Her Majesty the Queen |
| 2009-11-03 | Notice of appearance, Greg DelBigio will be appearing | Canadian Bar Association |
| 2009-10-27 | Notice of appearance, John Hunter and Brent Olthuis will be appearing | Law Society of Yukon |
| 2009-10-26 | Notice of appearance, Scott Hutchison and Andrea Gonsalves will be present at the hearing. | Criminal Lawyers Association (Ontario) |
| 2009-10-19 | Notice of appearance, Leonard T. Doust, Q.C. and Michael A. Feder will be appearing | Law Society of British Columbia |
| 2009-09-10 | Order on motion to extend time | |
| 2009-09-10 |
Decision on motion to extend time, Cha, to serve and file the intervener's factum and authorities to Aug. 25/09 and to present oral argument at the hearing of the appeal Granted |
|
| 2009-09-10 | Submission of motion to extend time, Cha | |
| 2009-09-08 | Response to motion to extend time, e-mail from François Lacasse dated Sept. 8/09, Completed on: 2009-09-08 | Her Majesty the Queen |
| 2009-08-31 |
Order by, Cha, FURTHER TO THE ORDER dated June 29, 2009, granting leave to intervene to the Criminal Lawyers' Association (Ontario), the Attorney General of Ontario, the Canadian Bar Association, the Law Society of Yukon and the Law Society of British Columbia; 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 |
|
| 2009-08-28 | Motion to extend time, to serve and file the intervener's factum and authorities to Aug. 25/09 and to present oral argument at the hearing of the appeal, Completed on: 2009-08-28 | Canadian Bar Association |
| 2009-08-25 | Intervener's book of authorities, Completed on: 2009-08-25 | Canadian Bar Association |
| 2009-08-25 | Intervener's factum, Completed on: 2009-08-25 | Canadian Bar Association |
| 2009-08-24 | Intervener's book of authorities, Completed on: 2009-08-24 | Criminal Lawyers Association (Ontario) |
| 2009-08-24 | Intervener's factum, Completed on: 2009-08-24 | Criminal Lawyers Association (Ontario) |
| 2009-08-24 | Intervener's book of authorities, Completed on: 2009-08-24 | Law Society of Yukon |
| 2009-08-24 | Intervener's factum, Completed on: 2009-08-24 | Law Society of Yukon |
| 2009-08-21 | Intervener's book of authorities, Completed on: 2009-09-02 | Attorney General of Ontario |
| 2009-08-21 | Intervener's factum, (proof of delivery missing - rec'd Sept. 2/09), Completed on: 2009-09-02 | Attorney General of Ontario |
| 2009-08-14 | Intervener's book of authorities, Vol. 1 and 2, Completed on: 2009-08-14 | Law Society of British Columbia |
| 2009-08-14 | Intervener's factum, Completed on: 2009-08-14 | Law Society of British Columbia |
| 2009-08-13 | Notice of hearing sent to parties | |
| 2009-08-11 |
Appeal hearing scheduled, 2009-11-17, previously June 16/09 (Starting time 9:30 a.m.) Judgment reserved |
|
| 2009-06-30 | Letter sent to Intervener(s) | |
| 2009-06-29 | Order on motion for leave to intervene | |
| 2009-06-29 |
Decision on the motion for leave to intervene, Cha, UPON APPLICATIONS by the Criminal Lawyers’ Association (Ontario), the Attorney General of Ontario, the Canadian Bar Association, the Law Society of Yukon and the Law Society of British Columbia for leave to intervene in the above appeal; IT IS HEREBY ORDERED THAT: The motions for leave to intervene by the Criminal Lawyers' Association (Ontario), the Attorney General of Ontario, the Canadian Bar Association,the Law Society of Yukon and the Law Society of British Columbia are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length. 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 appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. Granted |
|
| 2009-06-29 | Submission of motion for leave to intervene, Cha | |
| 2009-04-16 | Respondent's book of authorities, Completed on: 2009-04-16 | Jennie Cunningham |
| 2009-04-16 | Respondent's factum, Completed on: 2009-04-16 | Jennie Cunningham |
| 2009-04-16 |
Order by, CJ, IT IS HEREBY ORDERED THAT: This appeal, which has been scheduled to be heard on June 16, 2009, shall be traversed to a date to be set by the Registrar during the 2009 Fall session. Granted |
|
| 2009-04-16 | Appeal perfected for hearing | |
| 2009-03-27 | Response to the motion for leave to intervene, e-mail from Ron Reimer dated March 27/09 (by all interveners), Completed on: 2009-03-27 | Her Majesty the Queen |
| 2009-03-19 | Motion for leave to intervene, Completed on: 2009-03-19 | Canadian Bar Association |
| 2009-03-19 | Motion for leave to intervene, Completed on: 2009-03-19 | Attorney General of Ontario |
| 2009-03-19 | Motion for leave to intervene, (bookform), Completed on: 2009-03-19 | Law Society of Yukon |
| 2009-03-18 | Motion for leave to intervene, Completed on: 2009-03-18 | Law Society of British Columbia |
| 2009-03-17 | Motion for leave to intervene, Completed on: 2009-03-17 | Criminal Lawyers Association (Ontario) |
| 2009-03-02 | Notice of hearing sent to parties | |
| 2009-02-23 | Correspondence received from, Gordon R. Coffin dated February 23, 2009 RE: Marie-France Major will acting as agent for the respondent | Jennie Cunningham |
| 2009-02-19 | Appellant's record, CD and Form rec'd Feb. 27/09, Completed on: 2009-03-05 | Her Majesty the Queen |
| 2009-02-19 | Appellant's book of authorities, CD and form rec'd Feb. 27/09, Completed on: 2009-03-05 | Her Majesty the Queen |
| 2009-02-19 | Appellant's factum, CD and Form rec'd Feb. 27/09, Completed on: 2009-03-05 | Her Majesty the Queen |
| 2009-02-17 | Correspondence received from, Gordon R. Coffin dated Feb. 17/09 appointing Lang Michener as Ott. Agent | Jennie Cunningham |
| 2008-12-15 | Notice of appeal, Completed on: 2008-12-15 | Her Majesty the Queen |
| 2008-12-10 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2008-11-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2008-11-28 | Judgment on leave sent to the parties | |
| 2008-11-27 |
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 of the Yukon Territory, Number 06-YU565, 2008 YKCA 7, dated May 26, 2008, is granted Granted |
|
| 2008-10-20 | All materials on application for leave submitted to the Judges, Bi De Abe | |
| 2008-09-30 | Order on motion to extend time | |
| 2008-09-30 |
Decision on motion to extend time, to file the respondent's response to Sept. 25/08, Reg Granted |
|
| 2008-09-30 | Submission of motion to extend time, Reg | |
| 2008-09-30 | Response to motion to extend time, Completed on: 2008-09-30 | Her Majesty the Queen |
| 2008-09-25 | Motion to extend time, to file the respondent's response to Sept. 25/08, Completed on: 2008-09-25 | Jennie Cunningham |
| 2008-09-25 | Respondent's response on the application for leave to appeal, Completed on: 2008-09-26 | Jennie Cunningham |
| 2008-09-09 | General proceeding, C/A Formal Order form re: estimated date Sept. 15/09 | Her Majesty the Queen |
| 2008-08-29 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2008-08-27 | Correspondence received from, Denise Simon (for the applicant) dated August 27, 2008 RE: confirmed that the ban does not apply to this case | Her Majesty the Queen |
| 2008-08-25 | Book of authorities, (original service rec'd Sept. 4/08) | Her Majesty the Queen |
| 2008-08-25 | Application for leave to appeal, (service of notice to all other parties at the C/A rec'd Aug. 25/08) (Draft C/A Order included / C/A Order requested - rec'd Oct. 10/08), Completed on: 2008-10-10 | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Cunningham, Jennie | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Law Society of British Columbia | Intervener | Active |
| Criminal Lawyers Association (Ontario) | Intervener | Active |
| Law Society of Yukon | Intervener | Active |
| Canadian Bar Association | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Ron Reimer
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-3112
FAX: (604) 666-1599
Email: peccles@ppsc-sppc.gc.ca
Agent
284 Wellington Street
2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: flacasse@ppsc-sppc.gc.ca
Party: Cunningham, Jennie
Counsel
202-2131 2nd Avenue
Whitehorse, Yukon Territory
Y1A 1C3
Telephone: (867) 667-8359
FAX: (867) 393-6315
Email: gcoffin@legalaid.yk.ca
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Law Society of British Columbia
Counsel
Michael A. Feder
1300 - 777 Dunsmuir Street
Vancouver, British Columbia
V7Y 1K2
Telephone: (604) 643-7903
FAX: (604) 643-7900
Email: ldoust@mccarthy.ca
Party: Criminal Lawyers Association (Ontario)
Counsel
Andrea Gonsalves
The Sun Life Tower
150 King Street West, Suite 2512
Toronto, Ontario
M5H 1J9
Telephone: (416) 593-7200
FAX: (416) 593-9345
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: Law Society of Yukon
Counsel
Brent B. Olthuis
2100 - 1040 Georgia St. W.
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 891-2401
FAX: (604) 647-4554
Email: jhunter@litigationchambers.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Attorney General of Ontario
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2682
FAX: (416) 326-4656
Email: susan.reid@ontario.ca
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
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 687-9831
FAX: (604) 687-7089
Email: Greg_DelBigio@telus.net
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
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.
Law of professions - Barristers and solicitors - Withdrawal - Whether defence counsel is entitled to withdraw for non-payment of or inability to pay legal fees.
The Respondent was a lawyer working for the Yukon Legal Aid Services Society (“Legal Aid”). Her client had been charged with three sexual assault offences against a six-year-old girl. Legal Aid suspended her client’s coverage. The Respondent brought an application to the Territorial Court in charge of the criminal proceedings to be removed as counsel of record. The sole reason for her application to withdraw was that her client’s legal aid certificate had been revoked. There was no suggestion of any other breakdown in the solicitor-client relationship.
The Territorial Court refused the application. The Respondent proceeded to apply to the Supreme Court for an application in the nature of certiorari quashing the decision of the Territorial Court judge. This application was refused. Ultimately, a trial of the charges against the Respondent’s client became unnecessary; however, in the search for appellate guidance on the issues raised, the appeal proceeded. The appeal was granted.
Lower court rulings
Supreme Court of the Yukon Territory
06-A0035, 2006 YKSC 40
Application by the Respondent for order in the nature of certiorari quashing the order of Judge Lilles in R. v. Morgan. Application dismissed.
Court of Appeal of the Yukon Territory
06-YU565, 2008 YKCA 7
Appeal allowed.
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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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.
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