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.
33900
Richard C. Breeden, et al. v. Conrad Black, 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) |
|---|---|---|
| 2012-06-01 | Appeal closed | |
| 2012-05-31 | Certificate of taxation issued to, Henry Brown, Q.C. | |
| 2012-05-30 | Decision on the bill of costs, in the amount of $23,244.18, Reg | |
| 2012-05-30 | Submission of the bill of costs, Reg | |
| 2012-05-23 | Record returned to the Registrar of the Court of Appeal | |
| 2012-05-11 | Bill of costs, Completed on: 2012-05-11 | Conrad Black |
| 2012-04-19 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-04-19 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-04-18 |
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 C50380, 2010 ONCA 547, dated August 13, 2010, heard on March 22, 2011, is dismissed with costs. Dismissed, with costs |
|
| 2012-01-17 | Correspondence (sent by the Court) to, all counsel from the Registrar, dated Jan 17, 2012, re: release of judgement | |
| 2011-12-15 | Correspondence received from, Mr. Cherniak, dated December 15, 2011 re: update regarding settlement negociations, sent ot the judges Dec 15, 2011 | Conrad Black |
| 2011-10-21 | Correspondence received from, Mr. Cherniak re: settlement negotiations, with cc. to all parties (sent to the Court October 21/11) | Conrad Black |
| 2011-06-22 | Correspondence received from, Mr. Cherniak re: settlement underway, with cc. to all parties (sent to the Court June 23/11) | Conrad Black |
| 2011-04-06 | Transcript received, (68 pages) | |
| 2011-03-22 | Judgment reserved OR rendered with reasons to follow | |
| 2011-03-22 |
Hearing of the appeal, 2011-03-22, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2011-03-22 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2011-03-22 | Intervener's condensed book, Filed in Court | British Columbia Civil Liberties Association |
| 2011-03-22 | Respondent's condensed book, Filed in Court | Conrad Black |
| 2011-03-22 | Appellant's condensed book, Filed in Court | Gordon A. Paris, James R. Thompson, Richard D. Burt, Graham W. Savage, Raymond G.H. Seitz |
| 2011-03-22 | Appellant's condensed book, Filed in Court | Richard C. Breeden |
| 2011-03-15 |
Order by, F, FURTHER TO THE ORDER dated February 18, 2011, granting leave to intervene to the British Columbia Civil Liberties Association; IT IS HEREBY FURTHER ORDERED THAT the intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal Granted |
|
| 2011-03-14 | Correspondence received from, Robert D. Holmes, Q.C. dated March 14/11 re oral submission | British Columbia Civil Liberties Association |
| 2011-03-11 | Intervener's book of authorities, CD rec'd Mar. 16/11, Completed on: 2011-03-11 | British Columbia Civil Liberties Association |
| 2011-03-11 | Intervener's factum, CD rec'd Mar. 16/11, Completed on: 2011-03-11 | British Columbia Civil Liberties Association |
| 2011-03-09 | Correspondence received from, Mr. Schabas and Robert Staley will both make oral submissions | Richard C. Breeden |
| 2011-03-08 | Appeal perfected for hearing | |
| 2011-03-07 | Correspondence received from, J.E. Schatz by fax, re.: reserved seats | Gordon A. Paris, James R. Thompson, Richard D. Burt, Graham W. Savage, Raymond G.H. Seitz |
| 2011-03-07 | Notice of appearance, Robert Holmes will be present at the hearing. | British Columbia Civil Liberties Association |
| 2011-03-07 | Notice of appearance, Robert Staley and Julia Schatz will be present at the hearing. | Gordon A. Paris, James R. Thompson, Richard D. Burt, Graham W. Savage, Raymond G.H. Seitz |
| 2011-03-07 | Notice of appearance, Paul Schabas, Ryder Gilliland and Erin Hoult will be present at the hearing. | Richard C. Breeden |
| 2011-03-03 | Respondent's record, (Vol. 1 to 3) Service of BCCLA, CD and Form rec'd Mar. 8/11, Completed on: 2011-03-09 | Conrad Black |
| 2011-03-03 | Respondent's book of authorities, (Vol. 1 to 3) service of BCCLA, CD and Form rec'd Mar. 8/11, Completed on: 2011-03-09 | Conrad Black |
| 2011-03-03 | Respondent's factum, service of BCCLA, CD and Form rec'd Mar. 8/11, Completed on: 2011-03-09 | Conrad Black |
| 2011-03-03 | Correspondence received from, Gowling by email, re.: request for 1 reserved seat at the hearing | Conrad Black |
| 2011-03-02 | Notice of appearance, Earl A. Cherniak, Q.C., Kirk F. Stevens and Lisa C. Munroe will be appearing | Conrad Black |
| 2011-02-18 | Order on motion for leave to intervene, (BY FISH J.) | |
| 2011-02-18 |
Decision on the motion for leave to intervene, F, UPON APPLICATION by the British Columbia Civil Liberties Association 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 of the British Columbia 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 March 11, 2011. 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 |
|
| 2011-02-18 | Submission of motion for leave to intervene, F | |
| 2011-02-11 | Response to the motion for leave to intervene, (Letter Form), from Kirk F. Stevens dated Feb. 10/11, Completed on: 2011-02-11 | Conrad Black |
| 2011-02-11 | Response to the motion for leave to intervene, (Letter Form), from Paul B. Schabas dated Feb. 11/11, Completed on: 2011-02-11 | Richard C. Breeden |
| 2011-02-07 | Intervener's book of authorities, on Motion, Completed on: 2011-02-07 | British Columbia Civil Liberties Association |
| 2011-02-07 | Motion for leave to intervene, (bookform), Completed on: 2011-02-07 | British Columbia Civil Liberties Association |
| 2011-01-27 | Appellant's book of authorities, (4 volumes), Completed on: 2011-01-27 | Richard C. Breeden |
| 2011-01-27 | Appellant's record, (24 volumes), Completed on: 2011-01-27 | Richard C. Breeden |
| 2011-01-27 | Appellant's factum, Completed on: 2011-01-27 | Richard C. Breeden |
| 2011-01-11 | Appeal court record, (1 box rec'd Jan. 11/11 and 1 box rec'd Jan. 12/11) | |
| 2010-12-22 | Notice of appeal, Cd missing - Rec'd on Jan. 6, 2011, Completed on: 2011-01-06 | Richard C. Breeden |
| 2010-12-17 | Correspondence (sent by the Court) to, all parties dated December 17/10, re.: filing timetable: Appellants' documents due Jan-27-11; Motion for leave to Intervene due Feb-7-11; Respondent’s documents due March-3-11; if leave to intervene is granted, Intervener’s documents due March-11-11 | |
| 2010-12-17 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (scheduled) | |
| 2010-12-17 |
Appeal hearing scheduled, 2011-03-22, (start time 9:00am) Judgment reserved |
|
| 2010-12-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-12-17 | Judgment on leave sent to the parties | |
| 2010-12-16 |
Judgment of the Court on the application for leave to appeal, The motion to expedite the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C50380, 2010 ONCA 547, dated August 13, 2010, is granted with costs in the cause. The appeal is to be heard on March 22, 2011, and the schedule for serving and filing the material and any application for leave to intervene shall be set by the Registrar. Granted, with costs in the cause |
|
| 2010-12-16 |
Decision on motion to expedite the application for leave to appeal Granted |
|
| 2010-11-29 | All materials on application for leave submitted to the Judges, CJ Abe Cro | |
| 2010-11-29 | Submission of motion to expedite the application for leave to appeal, CJ Abe Cro | |
| 2010-11-18 | Applicant's reply to respondent's argument, Completed on: 2010-11-18 | Richard C. Breeden |
| 2010-11-18 | Correspondence received from, Paul Schabas, dated Nov.18/10, by fax, Re: request to have file heard with files 33606 and 33692 if granted | Richard C. Breeden |
| 2010-11-08 | Respondent's response on the application for leave to appeal, Completed on: 2010-11-08 | Conrad Black |
| 2010-10-20 | Correspondence received from, Julia E. Schatz, dated Oct.20/10, by fax, Re: correct spelling for Graham W. Savage | Gordon A. Paris, James R. Thompson, Richard D. Burt, Graham W. Savage, Raymond G.H. Seitz |
| 2010-10-18 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2010-10-15 | Correspondence received from, Paul Schabas, dated Oct.15/10, by fax, Re: Amended CA Judgment | Richard C. Breeden |
| 2010-10-13 | Response to the motion to expedite the application for leave to appeal, (Letter Form), from Earl A. Cherniak, dated Oct.13/10, by fax, Completed on: 2010-10-13 | Conrad Black |
| 2010-10-12 | Motion to expedite the application for leave to appeal, Completed on: 2010-10-12 | Richard C. Breeden |
| 2010-10-12 | Book of authorities, (3 volumes) | Richard C. Breeden |
| 2010-10-12 | Application for leave to appeal, (3 volumes), Completed on: 2010-10-12 | Richard C. Breeden |
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 |
|---|---|---|
| Breeden, Richard C. | Appellant | Active |
| Richard C. Breeden & Co. | Appellant | Active |
| Gordon A. Paris, James R. Thompson, Richard D. Burt, Graham W. Savage, Raymond G.H. Seitz | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Black, Conrad | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Breeden, Richard C. | Appellant | Active |
| Richard C. Breeden & Co. | Appellant | Active |
| Gordon A. Paris, James R. Thompson, Richard D. Burt, Graham W. Savage, Raymond G.H. Seitz | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Black, Conrad | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Breeden, Richard C. | Appellant | Active |
| Richard C. Breeden & Co. | Appellant | Active |
| Gordon A. Paris, James R. Thompson, Richard D. Burt, Graham W. Savage, Raymond G.H. Seitz | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Black, Conrad | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Breeden, Richard C. | Appellant | Active |
| Richard C. Breeden & Co. | Appellant | Active |
| Gordon A. Paris, James R. Thompson, Richard D. Burt, Graham W. Savage, Raymond G.H. Seitz | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Black, Conrad | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Breeden, Richard C. | Appellant | Active |
| Richard C. Breeden & Co. | Appellant | Active |
| Gordon A. Paris, Graham W. Savage, Raymond G.H. Seitz and Paul B. Healy | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Black, Conrad | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Breeden, Richard C. | Appellant | Active |
| Richard C. Breeden & Co. | Appellant | Active |
| Gordon A. Paris, James R. Thompson, Richard D. Burt, Graham W. Savage, Raymond G.H. Seitz | Appellant | Active |
| Shmuel Meitar and Henry A. Kissinger | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Black, Conrad | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| British Columbia Civil Liberties Association | Intervener | Active |
Counsel
Party: Breeden, Richard C.
Counsel
Ryder Gilliland
Erin Hoult
4000 - 199 Bay Street
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-4274
FAX: (416) 863-2653
Email: paul.schabas@blakes.com
Agent
45 O'Connor St.
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: Richard C. Breeden & Co.
Counsel
Ryder Gilliland
Erin Hoult
4000 - 199 Bay Street
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-4274
FAX: (416) 863-2653
Email: paul.schabas@blakes.com
Agent
45 O'Connor St.
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: Gordon A. Paris, James R. Thompson, Richard D. Burt, Graham W. Savage, Raymond G.H. Seitz
Counsel
Julia E. Schatz
Suite 3400, P.O. Box 130
One First Canadian Place
Toronto, Ontario
M5X 1A4
Telephone: (416) 863-1200
FAX: (416) 863-1716
Email: staleyr@bennettjones.ca
Agent
45 O'Connor St.
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: Gordon A. Paris, Graham W. Savage, Raymond G.H. Seitz and Paul B. Healy
Counsel
Suite 3400, P.O. Box 130
One First Canadian Place
Toronto, Ontario
M5X 1A4
Telephone: (416) 863-1200
FAX: (416) 863-1716
Email: staleyr@bennettjones.ca
Agent
45 O'Connor St.
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: Shmuel Meitar and Henry A. Kissinger
Counsel
Julia E. Schatz
Suite 3400, P.O. Box 130
One First Canadian Place
Toronto, Ontario
M5X 1A4
Telephone: (416) 863-1200
FAX: (416) 863-1716
Email: staleyr@bennettjones.ca
Agent
45 O'Connor St.
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: Black, Conrad
Counsel
Lisa C. Munro
Kirk F. Stevens
2400 - 130 Adelaide Street West
Toronto, Ontario
M5H 3P5
Telephone: (416) 867-3076
FAX: (416) 867-9192
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
Party: British Columbia Civil Liberties Association
Counsel
1300 - 1111 West Georgia Street
Vancouver, British Columbia
V6E 4M3
Telephone: (604) 681-1310
FAX: (604) 681-1307
Email: rdholmes@mhklaw.com
Agent
1500 - 50 O'Connor St.
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8276
FAX: (613) 788-3681
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.
Private international law - Courts - Jurisdiction - Choice of forum - Jurisdiction simpliciter - Forum conveniens - Real and substantial connection test - Torts - Libel and slander - Foreign defendants moving to stay actions for want of jurisdiction or on grounds of forum non conveniens - What is the proper test for assuming jurisdiction over transnational defamation cases and whether jurisdiction was properly assumed by the courts below in these actions - What is the proper approach to forum non conveniens in transnational defamation cases and whether it was properly applied by the court below in these actions.
Until January 2004, the respondent Conrad Black was the Chairman of Hollinger International, a publicly traded company in the United States. In 2003, a minority shareholder of Hollinger International questioned certain payments made to Mr. Black or to his companies. Following an investigation, a Special Committee concluded that Hollinger International had made unauthorized payments to Mr. Black. As a result, press releases and a report were issued and posted on the Internet. Mr. Black commenced six libel actions in the Ontario Superior Court between February 2004 and March 2005 against the ten appellants. In essence, Mr. Black alleges that the press releases and reports issued by the appellants contained defamatory statements that were downloaded, read and republished in Ontario. The appellants brought a motion to have the six actions stayed on grounds that the Ontario Superior Court does not have jurisdiction over the actions and that Ontario is not the convenient forum. The Ontario Superior Court of Justice dismissed the motion and the Court of Appeal for Ontario dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
04-CV-263720CM1, 04-CV-265298CM1, 04-CV-265299CM2, 04-CV-270773CM1, 04-CV-276761CM2, 05-CV-285535PD2
Motion to stay actions dismissed
Court of Appeal for Ontario
C50380, 2010 ONCA 547
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
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