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.
33520
Attorney General of Canada, et al. v. Pritpal Singh Mavi, 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) |
|---|---|---|
| 2011-08-26 | Appeal closed | |
| 2011-08-26 | Discontinuance of motion for a re-hearing of the appeal | Attorney General of Canada |
| 2011-08-19 | Correspondence received from, Urszula Kaczmarczyk dated Aug. 19/11 re reached tentative settlement of the costs issue | Attorney General of Canada |
| 2011-08-10 | Motion for a re-hearing of the appeal, Vol. I & II, Completed on: 2011-08-10 | Attorney General of Canada |
| 2011-06-13 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2011-06-13 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2011-06-10 | Correspondence received from, Lisa Loader by fax, re.: request to add a name in judgment's reasons | Pritpal Singh Mavi |
| 2011-06-10 |
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 C49530, 2009 ONCA 794, dated November 12, 2009, heard on December 9, 2010, is allowed in part. The following declarations will issue: (i) Canada and Ontario have a discretion under the IRPA and its Regulations to defer but not forgive debt after taking into account a sponsor’s submissions concerning the sponsor’s circumstances and those of his or her sponsored relatives. (ii) Ontario did not improperly fetter its exercise of statutory discretion in adopting its policy. Its terms are consistent with the requirements of the statutory regime and met the legitimate procedural expectations of the respondent sponsors created by the text of their respective undertakings. (iii) Canada and Ontario owe sponsors a duty of procedural fairness when enforcing sponsorship debt. (iv) The content of this duty of procedural fairness include the following obligations: (a) to notify a sponsor at his or her last known address of the claim; (b) to afford the sponsor an opportunity within limited time to explain in writing his or her relevant personal and financial circumstances that are said to militate against immediate collection; (c) to consider any relevant circumstances brought to its attention keeping in mind that the undertakings were the essential conditions precedent to allowing the sponsored immigrant to enter Canada in the first place; (d) to notify the sponsor of the government’s decision; (e) without the need to provide reasons. (v) The above requirements of procedural fairness were met in the cases of the eight respondent sponsors. All parties will bear their own costs on the appeal and on the application for leave to appeal. Allowed in part |
|
| 2011-01-04 | Transcript received, (84 pages) | |
| 2010-12-20 | Order on miscellaneous motion, (BY REGISTRAR) | |
| 2010-12-20 |
Decision on miscellaneous motion, Reg, UPON APPLICATIONS by the interveners the Canadian Council for Refugees and the Metropolitan Action Committee on Violence against Women and Children for an order accepting their books of authorities as filed, namely without consecutive page numbering; AND THE MATERIAL FILED having been read; IT IS HEREBY FURTHER ORDERED THAT: The motions are granted. Granted |
|
| 2010-12-20 | Submission of miscellaneous motion, Reg | |
| 2010-12-09 | Judgment reserved OR rendered with reasons to follow | |
| 2010-12-09 | Intervener's condensed book, Submitted in Court (14 copies) | South Asian Legal Clinic of Ontario |
| 2010-12-09 | Respondent's condensed book, Joint - Submitted in Court (14 copies) | Pritpal Singh Mavi |
| 2010-12-09 | Appellant's condensed book, Submitted in Court (14 copies) | Attorney General of Ontario |
| 2010-12-09 | Appellant's condensed book, Submitted in Court (14 copies) | Attorney General of Canada |
| 2010-12-09 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2010-12-09 |
Hearing of the appeal, 2010-12-09, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2010-12-06 | Correspondence received from, R.K. Agarwal by fax, re.: request for 3 seats at the hearing | South Asian Legal Clinic of Ontario |
| 2010-12-06 | Notice of appearance, Robert Ratcliffe and Sara Blake will be present at the hearing. | Attorney General of Ontario |
| 2010-12-03 | Correspondence received from, Lucas Lung dated December 3, 2010. Re: Response to the letter of December 2, 2010 | Pritpal Singh Mavi |
| 2010-12-03 | Notice of appearance, Geraldine Sadoway will be present at the hearing. | Metropolitan Action Committee on Violence against Women and Children |
| 2010-12-02 | Correspondence received from, Urszula Kaczmarczyk dated December 2, 2010. Re: filing a new authority which will be included in the condensed book | Attorney General of Canada |
| 2010-12-02 |
Order by, Ro, FURTHER TO THE ORDERS dated October 6 and October 22, 2010, granting leave to intervene to the South Asian Legal Clinic of Ontario, the Canadian Council for Refugees, the Metropolitan Action Committee on Violence against Women and Children and the Canadian Civil Liberties Association for leave to intervene in the above appeal; IT IS HEREBY FURTHER ORDERED THAT the interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal. Granted |
|
| 2010-12-02 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | |
| 2010-12-02 |
Decision on the motion for leave to intervene, Ro, UPON APPLICATION by the Ending Violence Association of BC 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; AND IT APPEARING that the arguments made by the proposed intervener largely parallel the arguments made by the respondents and interveners supporting the respondents; AND IT APPEARING that the proposed intervener relies on information not presently in the record; AND UPON the motion to intervene being made long after the deadline for interventions and only a little more than a week prior to the scheduled hearing; IT IS HEREBY ORDERED THAT: The motion for an extension of time to apply for leave to intervene of the Ending Violence Association of BC is dismissed. Dismissed |
|
| 2010-12-02 | Submission of motion for leave to intervene, Ro | |
| 2010-12-01 | Notice of appearance, Chantal Tie, Carole Dahan and Aviva Basman will be present at the hearing. | Canadian Council for Refugees |
| 2010-12-01 | Intervener's book of authorities, Completed on: 2010-12-01 | Canadian Civil Liberties Association |
| 2010-12-01 | Intervener's factum, Completed on: 2010-12-01 | Canadian Civil Liberties Association |
| 2010-12-01 | Intervener's book of authorities, (14 copies), Completed on: 2010-12-01 | South Asian Legal Clinic of Ontario |
| 2010-12-01 | Intervener's factum, Completed on: 2010-12-01 | South Asian Legal Clinic of Ontario |
| 2010-12-01 | Notice of appearance, Ranjan Agarwal and Daniel Holden will be present at the hearing. | South Asian Legal Clinic of Ontario |
| 2010-12-01 | Correspondence received from, Lucas Lung dated December 1, 2010. Re: Response to the extra time for submissions | Pritpal Singh Mavi |
| 2010-12-01 | Correspondence received from, Urszula Kaczmarczyk dated December 1, 2010. Re: More time on argument requested | Attorney General of Canada |
| 2010-12-01 | Reply to the motion for leave to intervene, (Letter Form), from Kamaljit K. Lehal dated Dec. 1/10, Completed on: 2010-12-01 | Ending Violence Association of BC |
| 2010-12-01 | Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk dated Nov. 30/10, Completed on: 2010-12-01 | Attorney General of Canada |
| 2010-12-01 | Correspondence received from, L. Loader by fax, re.: request for 3 reserved seats at the hearing | Pritpal Singh Mavi |
| 2010-12-01 | Notice of miscellaneous motion, to accept the intervener's book of authorities as filed namely without the page number, Completed on: 2010-12-01 | Metropolitan Action Committee on Violence against Women and Children |
| 2010-11-29 | Response to the motion for leave to intervene, email from Lucas E. Lung (and on behalf Mr. Waldman and Mr. Evans) dated Nov. 29/10, Completed on: 2010-11-29 | Pritpal Singh Mavi |
| 2010-11-29 | Correspondence received from, (Letter Form), Chantal Tie dated Nov-29-10 re: amended page 2 of the motion to accept the Book of Authorities as filed. | Canadian Council for Refugees |
| 2010-11-29 | Motion for leave to intervene, (joint with an extension of time) (bookform), Completed on: 2010-11-30 | Ending Violence Association of BC |
| 2010-11-25 | Intervener's book of authorities, Completed on: 2010-11-25 | Canadian Council for Refugees |
| 2010-11-25 | Correspondence received from, from Justice by fax, re.: request for 10 reserved seats at the hearing (7 seats allowed) | Attorney General of Canada |
| 2010-11-25 | Intervener's factum, CD rec'd on Dec. 1, 2010, Completed on: 2010-12-02 | Canadian Council for Refugees |
| 2010-11-25 | Notice of miscellaneous motion, to accept the Book of Authorities as filed. (filing fee rec'd Nov. 29/10) and draft order requested), Completed on: 2010-11-29 | Canadian Council for Refugees |
| 2010-11-25 | Notice of appearance, Lorne Waldman and Jacqueline Swaisland will be present at the hearing. | Nedzad Dzihic |
| 2010-11-25 | Notice of appearance, Hugh Evans will be present at the hearing. | Rania El Murr |
| 2010-11-24 | Intervener's book of authorities, CD missing - Rec'd on Dec 2, 2010, Completed on: 2010-12-02 | Metropolitan Action Committee on Violence against Women and Children |
| 2010-11-24 | Notice of appearance, Urszula Kaczmarczyk and Christine Mohr will be present at the hearing. | Attorney General of Canada |
| 2010-11-24 | Notice of appearance, Lucas Lung and Lisa Loader will be appearing and Mr. Lung will present oral submission | Pritpal Singh Mavi |
| 2010-11-23 | Correspondence received from, L.E. Joe by mail, re.: request for 3 reserved seats at the hearing | Metropolitan Action Committee on Violence against Women and Children |
| 2010-11-23 | Notice of appearance, Guy Régimbald and Matthew Estabrooks will be present at the hearing. | Canadian Civil Liberties Association |
| 2010-11-19 | Intervener's factum, CD missing - Rec'd on Dec. 2, 2010, Completed on: 2010-12-02 | Metropolitan Action Committee on Violence against Women and Children |
| 2010-10-25 | Response to the motion for leave to intervene, (Letter Form), from Robert Ratcliffe dated Oct. 25/10, Completed on: 2010-10-25 | Attorney General of Ontario |
| 2010-10-22 | Order on motion for leave to intervene, (By ROTHSTEIN J.) | |
| 2010-10-22 |
Decision on the motion for leave to intervene, Ro, UPON APPLICATION by the Canadian Civil Liberties Association 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 of the Canadian Civil Liberties Association is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before December 1, 2010. 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 respondents any additional disbursements occasioned to the appellants and respondents by its intervention. Granted |
|
| 2010-10-22 | Submission of motion for leave to intervene, Ro | |
| 2010-10-21 | Reply to the motion for leave to intervene, Completed on: 2010-10-21 | Canadian Civil Liberties Association |
| 2010-10-18 | Response to the motion for leave to intervene, Completed on: 2010-10-18 | Attorney General of Canada |
| 2010-10-08 | Respondent's book of authorities, Joint (2 volumes), Completed on: 2010-10-08 | Pritpal Singh Mavi |
| 2010-10-08 | Respondent's record, Joint - 12 copies (2 volumes), Completed on: 2010-10-08 | Pritpal Singh Mavi |
| 2010-10-08 | Respondent's factum, Joint - 25 copies, Completed on: 2010-10-08 | Pritpal Singh Mavi |
| 2010-10-08 | Appeal perfected for hearing | |
| 2010-10-06 | Motion for leave to intervene, (joint with an extension of time) (bookform), Completed on: 2010-10-06 | Canadian Civil Liberties Association |
| 2010-10-06 | Letter sent to Intervener(s) | |
| 2010-10-06 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | |
| 2010-10-06 |
Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the South Asian Legal Clinic of Ontario, the Canadian Council for Refugees and the Metropolitan Action Committee on Violence against Women and Children for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene by the South Asian Legal Clinic of Ontario is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length. The motion for leave to intervene by the Canadian Council for Refugees is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length. The request to file affidavit evidence is denied. The motion for leave to intervene by the Metropolitan Action Committee on Violence against Women and Children is granted and the said intervener 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 intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their interventions. Granted |
|
| 2010-10-06 | Submission of motion for leave to intervene, Ro | |
| 2010-10-01 | Response to the motion for leave to intervene, (Letter Form), from Robert Ratcliffe dated Oct. 1/10 (by all interveners) (joint with consent to extension of time to CCR and METRAC), Completed on: 2010-10-01 | Attorney General of Ontario |
| 2010-09-21 | Response to the motion for leave to intervene, (Letter Form), (Response to all motions for Leave to Intervene), Completed on: 2010-09-21 | Attorney General of Canada |
| 2010-09-21 | Response to motion to extend time, (by Canadian Council for Refugees), Completed on: 2010-09-21 | Attorney General of Canada |
| 2010-09-17 | Response to the motion for leave to intervene, (Letter Form), (Response to all motions for Leave to Intervene), Completed on: 2010-09-17 | Pritpal Singh Mavi |
| 2010-09-17 | Motion to extend time, to serve and file the Motion for Leave to Intervene, Completed on: 2010-09-17 | Metropolitan Action Committee on Violence against Women and Children |
| 2010-09-16 | Motion to extend time, to serve and file the Motion for Leave to Intervene, Completed on: 2010-09-16 | Canadian Council for Refugees |
| 2010-09-13 | Motion for leave to intervene, (bookform) (Ext. of time requested-rec'd Sept. 17/10), Completed on: 2010-09-17 | Metropolitan Action Committee on Violence against Women and Children |
| 2010-09-13 | Motion for leave to intervene, (bookform) (Ext. of time requested-rec'd Sept. 16/10, bookform), Completed on: 2010-09-16 | Canadian Council for Refugees |
| 2010-09-09 | Motion for leave to intervene, (bookform), Completed on: 2010-09-09 | South Asian Legal Clinic of Ontario |
| 2010-08-13 | Appellant's record, joint with AG of Canada (9 vols and Table of Contents), Completed on: 2010-08-13 | Attorney General of Ontario |
| 2010-08-13 | Appellant's record, joint with AG of Ontario (9 vols. and Table of contents), Completed on: 2010-08-13 | Attorney General of Canada |
| 2010-08-13 | Appellant's book of authorities, (3 vols.), Completed on: 2010-08-13 | Attorney General of Canada |
| 2010-08-13 | Appellant's factum, Completed on: 2010-08-13 | Attorney General of Canada |
| 2010-08-10 | Appellant's book of authorities, (14 copies), Completed on: 2010-08-10 | Attorney General of Ontario |
| 2010-08-10 | Appellant's factum, Completed on: 2010-08-10 | Attorney General of Ontario |
| 2010-07-05 | Notice of hearing sent to parties | |
| 2010-07-05 |
Appeal hearing scheduled, 2010-12-09, (start time 9:30am) Judgment reserved |
|
| 2010-05-21 | Notice of appeal, CD missing-rec'd May 25, 2010, Completed on: 2010-05-21 | Attorney General of Canada |
| 2010-05-20 | Notice of appeal, Completed on: 2010-05-20 | Attorney General of Ontario |
| 2010-05-04 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2010-04-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-04-23 | Judgment on leave sent to the parties | |
| 2010-04-22 |
Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C49530, 2009 ONCA 794, dated November 12, 2009, are granted with costs in the cause. Granted, with costs in the cause |
|
| 2010-04-15 | Notice of change of solicitor, Lucas E. Lung formerly with Community Legal Clinic has changed to Lerners LLP | Pritpal Singh Mavi |
| 2010-03-15 | All materials on application for leave submitted to the Judges, Bi F Cha | |
| 2010-02-12 | Applicant's reply to respondent's argument, Completed on: 2010-02-12 | Attorney General of Canada |
| 2010-02-12 | Applicant's reply to respondent's argument, Completed on: 2010-02-12 | Attorney General of Ontario |
| 2010-02-05 | Respondent's response on the application for leave to appeal, Joint response for both applications, Completed on: 2010-02-05 | Pritpal Singh Mavi |
| 2010-01-22 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2010-01-22 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2010-01-11 | Application for leave to appeal, FIRST APPLICATION. 2 volumes. CA order missing-rec'd Feb 11/10, Completed on: 2010-02-11 | Attorney General of Canada |
| 2010-01-11 | Application for leave to appeal, SECOND APPLICATION. Fees missing-rec'd Feb 1/10. CA order missing-rec'd Feb 11/10, Completed on: 2010-02-11 | Attorney General of Ontario |
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 |
|---|---|---|
| Attorney General of Canada | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Mavi, Pritpal Singh | Respondent | Active |
| Jatuff De Altamirano, Maria Cristina | Respondent | Active |
| Dzihic, Nedzad | Respondent | Active |
| El Murr, Rania | Respondent | Active |
| Grankin, Oleg | Respondent | Active |
| Hince, Raymond | Respondent | Active |
| Vossoughi, Homa | Respondent | Active |
| Zebaradami, Hamid | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Mavi, Pritpal Singh | Respondent | Active |
| Jatuff De Altamirano, Maria Cristina | Respondent | Active |
| Dzihic, Nedzad | Respondent | Active |
| El Murr, Rania | Respondent | Active |
| Grankin, Oleg | Respondent | Active |
| Hince, Raymond | Respondent | Active |
| Vossoughi, Homa | Respondent | Active |
| Zebaradami, Hamid | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| South Asian Legal Clinic of Ontario | Intervener | Active |
| Canadian Council for Refugees | Intervener | Active |
| Metropolitan Action Committee on Violence against Women and Children | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
Counsel
Party: Attorney General of Ontario
Counsel
Robert H. Ratcliffe
Sara Blake
Sara Blake
Attorney General of Ontario
720 Bay Street
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4128
FAX: (416) 326-4181
Email: robert.ratcliffe@ontario.ca
720 Bay Street
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4128
FAX: (416) 326-4181
Email: robert.ratcliffe@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Canada
Counsel
Urszula Kaczmarczyk
Christine Mohr
Lorne McClenaghan
Christine Mohr
Lorne McClenaghan
Attorney General of Canada
The Exchange Tower, Box 36
130 King St. West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-3688
FAX: (416) 954-8982
Email: urszula.kaczmarczyk@justice.gc.ca
The Exchange Tower, Box 36
130 King St. West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-3688
FAX: (416) 954-8982
Email: urszula.kaczmarczyk@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Mavi, Pritpal Singh
Counsel
Lucas E. Lung
Lisa Loader
Lisa Loader
Lerners LLP
130 Adelaide Street West
Suite 2400, Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 601-2673
FAX: (416) 601-4192
Email: llung@lerners.ca
130 Adelaide Street West
Suite 2400, Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 601-2673
FAX: (416) 601-4192
Email: llung@lerners.ca
Agent
Michael Bossin
Community Legal Services-Ottawa Carleton
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
Party: Jatuff De Altamirano, Maria Cristina
Counsel
Lucas E. Lung
Lisa Loader
Lisa Loader
Lerners LLP
130 Adelaide Street West
Suite 2400, Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 601-2673
FAX: (416) 601-4192
Email: llung@lerners.ca
130 Adelaide Street West
Suite 2400, Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 601-2673
FAX: (416) 601-4192
Email: llung@lerners.ca
Agent
Michael Bossin
Community Legal Services-Ottawa Carleton
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
Party: Dzihic, Nedzad
Counsel
Lorne Waldman
Waldman & Associates
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
Telephone: (416) 482-6501
FAX: (416) 489-9618
Email: lorne@waldmanlaw.ca
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
Telephone: (416) 482-6501
FAX: (416) 489-9618
Email: lorne@waldmanlaw.ca
Agent
Michael Bossin
Community Legal Services-Ottawa Carleton
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
Party: El Murr, Rania
Counsel
Hugh M. Evans
310 - 2005 Sheppard Ave. E.
North York, Ontario
M2J 5B4
Telephone: (416) 492-7495
FAX: (416) 497-8407
North York, Ontario
M2J 5B4
Telephone: (416) 492-7495
FAX: (416) 497-8407
Agent
Michael Bossin
Community Legal Services-Ottawa Carleton
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
Party: Grankin, Oleg
Counsel
Lucas E. Lung
Lisa Loader
Lisa Loader
Lerners LLP
130 Adelaide Street West
Suite 2400, Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 601-2673
FAX: (416) 601-4192
Email: llung@lerners.ca
130 Adelaide Street West
Suite 2400, Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 601-2673
FAX: (416) 601-4192
Email: llung@lerners.ca
Agent
Michael Bossin
Community Legal Services-Ottawa Carleton
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
Party: Hince, Raymond
Counsel
Lucas E. Lung
Lisa Loader
Lisa Loader
Lerners LLP
130 Adelaide Street West
Suite 2400, Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 601-2673
FAX: (416) 601-4192
Email: llung@lerners.ca
130 Adelaide Street West
Suite 2400, Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 601-2673
FAX: (416) 601-4192
Email: llung@lerners.ca
Agent
Michael Bossin
Community Legal Services-Ottawa Carleton
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
Party: Vossoughi, Homa
Counsel
Lucas E. Lung
Lisa Loader
Lisa Loader
Lerners LLP
130 Adelaide Street West
Suite 2400, Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 601-2673
FAX: (416) 601-4192
Email: llung@lerners.ca
130 Adelaide Street West
Suite 2400, Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 601-2673
FAX: (416) 601-4192
Email: llung@lerners.ca
Agent
Michael Bossin
Community Legal Services-Ottawa Carleton
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
Party: Zebaradami, Hamid
Counsel
Hugh M. Evans
310 - 2005 Sheppard Ave. E.
North York, Ontario
M2J 5B4
Telephone: (416) 492-7495
FAX: (416) 497-8407
North York, Ontario
M2J 5B4
Telephone: (416) 492-7495
FAX: (416) 497-8407
Agent
Michael Bossin
Community Legal Services-Ottawa Carleton
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
Party: South Asian Legal Clinic of Ontario
Counsel
Ranjan K. Agarwal
Shalini Konanur
David T. Holden
Shalini Konanur
David T. Holden
Bennett Jones LLP
3400 One First Canadian Place
P.O. Box 130
Toronto, Ontario
M4X 1A4
Telephone: (416) 777-6503
FAX: (416) 863-1716
Email: agarwalr@bennettjones.com
3400 One First Canadian Place
P.O. Box 130
Toronto, Ontario
M4X 1A4
Telephone: (416) 777-6503
FAX: (416) 863-1716
Email: agarwalr@bennettjones.com
Agent
Sheridan Scott
Bennett Jones LLP
1900 - 45 O'Connor Street
World Exchange Plaza
Ottawa, Ontario
K1P 1A4
Telephone: (613) 683-2302
FAX: (613) 683-2323
Email: scotts@bennettjones.com
1900 - 45 O'Connor Street
World Exchange Plaza
Ottawa, Ontario
K1P 1A4
Telephone: (613) 683-2302
FAX: (613) 683-2323
Email: scotts@bennettjones.com
Party: Canadian Council for Refugees
Counsel
Chantal Tie
Carole Simone Dahan
Aviva Basman
Carole Simone Dahan
Aviva Basman
South Ottawa Community Legal Services
406 - 1355 Bank St
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401
406 - 1355 Bank St
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401
Party: Metropolitan Action Committee on Violence against Women and Children
Counsel
Geraldine Sadoway
Parkdale Community Legal Services
1266 Queen Street West
Toronto, Ontario
M6K 1L3
Telephone: (416) 531-2411 Ext: 229
FAX: (416) 531-0885
Email: sadowayg@loa.on.ca
1266 Queen Street West
Toronto, Ontario
M6K 1L3
Telephone: (416) 531-2411 Ext: 229
FAX: (416) 531-0885
Email: sadowayg@loa.on.ca
Agent
Laurie Joe
West End Legal Services
1301 Richmond Road
Ottawa, Ontario
K2B 7Y4
Telephone: (613) 596-1641
FAX: (613) 596-3364
1301 Richmond Road
Ottawa, Ontario
K2B 7Y4
Telephone: (613) 596-1641
FAX: (613) 596-3364
Party: Canadian Civil Liberties Association
Counsel
Guy Régimbald
Matthew S. Estabrooks
Matthew S. Estabrooks
Gowling WLG (Canada) LLP
160 Elgin Street
26th Floor
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
160 Elgin Street
26th Floor
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.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.
Legislation - Interpretation - Immigration and Refugee Protection Act, S.C. 2001, c. 27 - Sponsors of family class immigrants must undertake to repay government for amount of any social assistance received by sponsored relative during sponsorship period - Immigration and Refugee Protection Act stating that debt “may be recovered” by federal or provincial government - Whether Immigration and Refugee Protection Act provides a discretion to enforce sponsorship debt - Whether there is a duty of procedural fairness on both the federal and provincial government before they can exercise any rights to recover sponsorship debt - Whether, if there is a duty of fairness, the government is required to do more than to provide notice that it intended to exercise its rights to recover the debt.
Each of the eight respondents sponsored a relative who was a member of the family class for immigration into Canada. The respondents each signed undertakings to the Government of Canada confirming that they would support the sponsored relatives and would repay any social assistance benefits that were paid to their sponsored relatives by the government. Each respondent’s sponsored relative received social assistance payments from Ontario during their sponsorship periods. Ontario attempted to recover these payments from the sponsors under but all of the sponsors defaulted on the debts. The respondents applied for numerous declarations to be relieved of the obligation to pay the debts. The Ontario Superior Court of Justice dismissed the application for the declarations. The Court of Appeal for Ontario allowed the appeal and entered declarations stating that Canada and Ontario have a case by case discretion whether to enforce sponsorship debt, that Ontario fettered its discretion by adopting policies that are inconsistent with the provisions of the family class immigration regime, that Canada and Ontario owe sponsors a duty of procedural fairness when enforcing sponsorship debt and that the duty of procedural fairness includes the obligation to provide a process for explaining relevant personal and financial circumstances, the obligation to consider those circumstances and the obligation to inform that submissions have been considered and of the decision that was made.
Lower court rulings
September 11, 2008
Ontario Superior Court of Justice
07-CV-331628PD3
Ontario Superior Court of Justice
07-CV-331628PD3
Application for declarations dismissed
November 12, 2009
Court of Appeal for Ontario
2009 ONCA 794, C49530
Court of Appeal for Ontario
2009 ONCA 794, C49530
Appeal allowed in part; declarations granted
Memorandums of argument on application for leave to appeal
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Date modified: 2025-02-27