Case information
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34179
Troy Gilbert Davey v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
(Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
Date | Proceeding | Filed By (if applicable) |
---|---|---|
2013-01-02 | Appeal closed | |
2012-12-24 | Formal judgment sent to the registrar of the court of appeal and all parties | |
2012-12-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
2012-12-21 |
Judgment on the appeal rendered, CJ LeB De F Abe Ro Cro Mo Ka, The appeal from the judgment of the Court of Appeal for Ontario, Number C48091, 2010 ONCA 818, dated December 3, 2010, heard on March 14 and 15, 2012, is dismissed. Dismissed |
|
2012-11-22 | Correspondence received from, Michal Fairburn rec'd Nov. 22/12 re: Supplemental Authorities with consent (sent to the Court Nov. 26/12) | Her Majesty the Queen |
2012-04-03 | Transcript received, (202 pages) | |
2012-03-15 |
Hearing of the appeal, 2012-03-14, CJ LeB De F Abe Ro Cro Mo Ka Judgment reserved |
|
2012-03-15 | Judgment reserved OR rendered with reasons to follow | |
2012-03-14 | Intervener's condensed book, Filed in Court | Information and Privacy Commissioner of Ontario |
2012-03-14 | Intervener's condensed book, Filed in Court | David Asper Centre for Constitutional Rights |
2012-03-14 | Intervener's condensed book, Filed in Court | Canadian Civil Liberties Association |
2012-03-14 | Intervener's condensed book, Filed in Court | Criminal Lawyers' Association |
2012-03-14 | Respondent's condensed book, Joint with 34087-34090-34091-34340 - Sealed and Redacted filed in Court | Her Majesty the Queen |
2012-03-14 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
2012-03-12 | Notice of appearance, Christopher Hicks and Theodore Sarantis will be appearing | Troy Gilbert Davey |
2012-03-09 | Reply factum on appeal, Joint with 34087-34091,34090, 34340, Completed on: 2012-03-10 | Her Majesty the Queen |
2012-03-08 | Correspondence received from, Burke, Robertson rec'd by e-mail re: no need for a redacted respondent's record | Her Majesty the Queen |
2012-03-07 | Order on motion to file a reply factum on appeal, (BY FISH J.) (joint with 34087-90-91-340) | |
2012-03-07 |
Decision on the motion to file a reply factum on appeal, (joint with 34087-90-91-340), F, UPON APPLICATION by the respondent for an order permitting the filing of a reply factum to the factums of the interveners; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted Granted |
|
2012-03-07 | Submission of motion to file a reply factum on appeal, F | |
2012-03-07 | Notice of appearance, Gerald Chan and Nader Hasan | British Columbia Civil Liberties Association |
2012-03-07 | Notice of appearance, Anthony Moustacalis and Peter Thorning | Criminal Lawyers' Association |
2012-03-06 | Notice of appearance, William S. Challis and Stephen McCammon will be appearing | Information and Privacy Commissioner of Ontario |
2012-03-06 | Notice of appearance, Michal Fairburn, John McInnes, Susan Magotiaux and Deborah Krick will be appearing | Her Majesty the Queen |
2012-03-05 | Response to motion to file a reply factum on appeal, email from Gowlings dated March 5/12, Completed on: 2012-03-05 | Troy Gilbert Davey |
2012-03-05 | Motion to file a reply factum on appeal, to the factums of the interveners (joint with 34087-90-91-340), Completed on: 2012-03-05 | Her Majesty the Queen |
2012-03-05 |
Order by, F, FURTHER TO THE ORDERS dated February 3, 10 and 17, 2012, granting leave to intervene to the Information and Privacy Commissioner of Ontario, the Ontario Crown Attorney’s Association, the Canadian Civil Liberties Association, the David Asper Centre for Constitutional Rights, the British Columbia Civil Liberties Association, the Criminal Lawyers' Association and the Attorney General of Alberta; 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 these appeals. Granted |
|
2012-03-02 | Correspondence received from, Gowlings re: correction to Index of book of authorities (sent to the Court Mar. 5/12) | Troy Gilbert Davey |
2012-03-01 | Intervener's book of authorities, Joint with 34087, 34091, 34090 and 34340, Completed on: 2012-03-01 | Criminal Lawyers' Association |
2012-02-28 | Intervener's factum, Joint with 34090-34091-34340-34087, Completed on: 2012-02-28 | Criminal Lawyers' Association |
2012-02-28 | Intervener's book of authorities, Joint with 34090-34091-34340-34087, Completed on: 2012-02-28 | David Asper Centre for Constitutional Rights |
2012-02-28 | Intervener's factum, Joint with 34090-34091-34340-34087, Completed on: 2012-02-28 | David Asper Centre for Constitutional Rights |
2012-02-28 | Intervener's book of authorities, (Vol. 1 and 2) Joint with 34090-34091-34340-34087, Completed on: 2012-02-28 | Information and Privacy Commissioner of Ontario |
2012-02-28 | Intervener's factum, Joint with 34090-34091-34340-34087, Completed on: 2012-02-28 | Information and Privacy Commissioner of Ontario |
2012-02-28 | Intervener's book of authorities, Joint with 34090-34091-34340-34087, Completed on: 2012-02-28 | Canadian Civil Liberties Association |
2012-02-28 | Intervener's factum, Joint with 34090-34091-34340-34087, Completed on: 2012-02-28 | Canadian Civil Liberties Association |
2012-02-28 | Intervener's book of authorities, Joint with 34090-34091-34340-34087, Completed on: 2012-02-28 | British Columbia Civil Liberties Association |
2012-02-28 | Intervener's factum, Joint with 34090-34087-34340-34091, Completed on: 2012-02-28 | British Columbia Civil Liberties Association |
2012-02-28 | Correspondence received from, Request for (5) reserved seats | Her Majesty the Queen |
2012-02-24 | Correspondence received from, Gowlings rec'd by e-mail re: ok to have the hearing webcast live | Troy Gilbert Davey |
2012-02-17 | Respondent's record, SEALED (no redacted copies), Completed on: 2012-02-17 | Her Majesty the Queen |
2012-02-17 | Respondent's book of authorities, Completed on: 2012-02-17 | Her Majesty the Queen |
2012-02-17 | Respondent's factum, SEALED + 2 redacted copies and cd filed and served on Feb. 22/12, Completed on: 2012-02-17 | Her Majesty the Queen |
2012-02-15 | Correspondence received from, Deborah Krick dated Feb. 15/12 re sealing of respondent's factum (joint with 34087-091) | Her Majesty the Queen |
2012-02-10 | Order on motion for leave to intervene, (BY FISH J.) (joint with 34087-90-91-340) | |
2012-02-10 |
Decision on the motion for leave to intervene, (joint with 34087-90-91-340), F, UPON APPLICATION by the Criminal Lawyers' Association for an extension of time and for leave to intervene in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time and for leave to intervene by the Criminal Lawyers' Association is granted and the said intervener shall be entitled to serve and file a single factum not to exceed 10 pages in length on or before February 28, 2012. The requests to present oral argument are 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 |
|
2012-02-10 | Submission of motion for leave to intervene, F | |
2012-02-09 | Order on motion to seal, (BY THE REGISTRAR) (joint with 34087-091) | |
2012-02-09 |
Decision on motion to seal, (joint with 34087-091), Reg, UPON APPLICATION by the respondent: 1) to seal the records and facta of the appellants in Emms v. Queen (34087) and Davey v. Queen (34179) and permitting public access copies of each factum and record to be made available to the public; and 2) to seal the record and factum of the appellant in Cordoso v. Queen (34091) pursuant to the order of Weiler J.A. of the Court of Appeal for Ontario made February 1, 2010, and permitting a public access copy of the appellant’s factum and record to be made available to the public; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1) The respondent’s motion is granted. 2) The sealed unredacted version of the records and facta will only be made available to counsel for the appellants, counsel for the respondent, Ottawa agents, members of this Court, Court staff and other persons as the parties may, in writing, agree or as this Court may further order Granted |
|
2012-02-09 | Submission of motion to seal, Reg | |
2012-02-09 | Response to the motion for leave to intervene, (Letter Form), from Susan Magotiaux dated Feb. 9/12 (by CLA) (joint with 34087-90-91-340), Completed on: 2012-02-09 | Her Majesty the Queen |
2012-02-08 |
Order by, (joint with 34087-090-091-340), Reg, UPON APPLICATION by the appellant Ibrahim Yumnu in file number 34090 for an extension of time to serve and file its record to December 21, 2011, its factum to January 10, 2012 and its book of authorities to January 11, 2012; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1) The motion of the appellant Yumnu is granted. 2) The respondent is permitted to serve and file its facta and book of authorities in all of the above appeals no later than February 17, 2012 Granted |
|
2012-02-06 | Response to the motion for leave to intervene, (Letter Form), (to CLA) (joint with 34091) from Catriona Verner, dated Feb.6/12, by fax, Completed on: 2012-02-06 | Troy Gilbert Davey |
2012-02-06 | Letter sent to Intervener(s) | |
2012-02-03 | Motion for leave to intervene, (joint with extension of time) (joint with 34090, 34091, 34087 and 34340), Completed on: 2012-02-03 | Criminal Lawyers' Association |
2012-02-03 | Order on motion for leave to intervene, (BY FISH J.) | |
2012-02-03 |
Decision on the motion for leave to intervene, F, UPON APPLICATIONS by the Information and Privacy Commissioner of Ontario, the Canadian Civil Liberties Association and the Ontario Crown Attorney’s Association for leave to intervene in the above appeals; AND UPON APPLICATIONS by the David Asper Centre for Constitutional Rights, the British Columbia Civil Liberties Association for an extension of time and for leave to intervene in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene by the Information and Privacy Commissioner of Ontario, the Canadian Civil Liberties Association and the Ontario Crown Attorney’s Association are granted and the said interveners shall each be entitled to serve and file a single factum not to exceed 10 pages in length on or before February 28, 2012. The motions for an extension of time and for leave to intervene by the David Asper Centre for Constitutional Rights, the British Columbia Civil Liberties Association are granted and the said interveners shall each be entitled to serve and file a single factum not to exceed 10 pages in length on or before February 28, 2012. 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. Granted |
|
2012-02-02 | Submission of motion for leave to intervene, F | |
2012-01-27 | Response to motion to seal, email from Gowlings dated Jan. 26/12 (joint with 34087-091), Completed on: 2012-01-27 | Troy Gilbert Davey |
2012-01-24 | Motion to seal, the Appellant's Factum and Record (joint with 34087-091), Completed on: 2012-01-24 | Her Majesty the Queen |
2012-01-17 | Response to the motion for leave to intervene, (Letter Form), (to all motions) (joint with 34090, 34091, 34340 and 34087) from Michal Fairburn, by fax, dated Jan.9/12, Completed on: 2012-01-17 | Her Majesty the Queen |
2012-01-16 | Reply to the motion for leave to intervene, (Letter Form), (to response of Crown) (joint with 34087 and 34091) from Stephen McCammon, by fax, dated Jan.13/12, Completed on: 2012-01-16 | Information and Privacy Commissioner of Ontario |
2012-01-13 | Response to the motion for leave to intervene, (Letter Form), (to all motions) (joint with 34091) from Catriona Verner, by fax, dated Jan.13/12, Completed on: 2012-01-13 | Troy Gilbert Davey |
2012-01-09 | Appeal perfected for hearing | |
2011-12-22 | Order on miscellaneous motion | |
2011-12-22 |
Decision on miscellaneous motion, (joint with 34090, 34091, 34340, 34087), Reg, to permit the Crown to file a single factum responding to the Yumnu, Cardoso, and Duong appeals; to set out the law in respect to the legal issues raised in Yumnu, Cardoso, Duong, Emms, and Davey in its factum in Yumnu, Cardoso and Duong; an order that the Yumnu, Cardoso and Duong factum be no more than 90 pages in length; an order that the Emms factum be no more than 20 pages in length; an order that the Davey factum be no more than 30 pages in length; and an order that the Crown may file all facta in these matters on or before February 10, 2012. Granted |
|
2011-12-22 | Submission of miscellaneous motion, Reg | |
2011-12-20 | Correspondence received from, Stephen McCammon, letter dated Dec. 19, 2011, re.: page 22 at Tab 2; pages 433-435F and page 445 to be updated. | Information and Privacy Commissioner of Ontario |
2011-12-14 | Correspondence received from, Christina Christie, fax dated Dec. 13, 2011, re.: page 37 of the Motion Book had a portion of the text chopped off. | Information and Privacy Commissioner of Ontario |
2011-12-14 | Motion for leave to intervene, Book form (joint with 34091, 34090, 34087, 34340) AMENDED Motion with extension of time rec'd Dec. 16, 2011, Completed on: 2011-12-16 | David Asper Centre for Constitutional Rights |
2011-12-13 | Motion for leave to intervene, Book form (joint with 34090, 34091, 34087 & 34340) (Extension of time included), Completed on: 2011-12-13 | British Columbia Civil Liberties Association |
2011-12-12 | Intervener's book of authorities, On motion, Completed on: 2011-12-12 | Information and Privacy Commissioner of Ontario |
2011-12-12 | Motion for leave to intervene, Book form (joint with 34087 & 34091), Completed on: 2011-12-12 | Information and Privacy Commissioner of Ontario |
2011-12-12 | Response to the motion for leave to intervene, Included in the motion book, Completed on: 2011-12-12 | Troy Gilbert Davey |
2011-12-12 | Motion for leave to intervene, Book Form, (Joint with 34091, 34340, 34087 & 34090), Completed on: 2011-12-12 | Canadian Civil Liberties Association |
2011-12-09 | Notice of hearing sent to parties | |
2011-12-09 | Response to miscellaneous motion, Email rec'd from Gowlings, dated Dec. 9, 2011, Completed on: 2011-12-09 | Troy Gilbert Davey |
2011-12-08 | Notice of miscellaneous motion, For Order to permit Crown to file one 90 page factum re. Yumnu, Cardoso & Duong; set out the law in legal issues raised in all 5 cases; Emms factum 20 pgs; Davey factum 30 pgs, be filed by Feb. 10, 2012. (joint with 34090,34091, 34340, 34087), Completed on: 2011-12-08 | Her Majesty the Queen |
2011-12-07 | Appeal hearing scheduled, 2012-03-15, For webcasting purposes only – March 14 & 15, 2012. | |
2011-12-07 |
Appeal hearing scheduled, 2012-03-14, (Early start 9:00am) Judgment reserved |
|
2011-11-16 | Appellant's book of authorities, Completed on: 2011-11-16 | Troy Gilbert Davey |
2011-11-15 | Appellant's record, (3 volumes) (SEALED as per Order dated Feb.9/12) Redacted copies have been filed Jan. 24/12, Completed on: 2011-11-15 | Troy Gilbert Davey |
2011-11-14 | Appellant's factum, (SEALED) as per Order dated Feb.9/12) Redacted copies filed Jan. 24/12, Completed on: 2011-11-14 | Troy Gilbert Davey |
2011-11-02 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
2011-09-15 | Correspondence received from, Karen L. Collins dated Sept.15/11 re: advising that John McInnes is counsel for the Crown and not David Finlay (by e-mail) | Her Majesty the Queen |
2011-08-23 | Notice of appeal, Completed on: 2011-08-23 | Troy Gilbert Davey |
2011-06-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
2011-06-24 | Judgment on leave sent to the parties | |
2011-06-23 |
Decision on motion to extend time to file and /or serve the leave application Granted, without costs |
|
2011-06-23 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal and the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C48091, 2010 ONCA 818, dated December 3, 2010, are granted without costs. Granted, without costs |
|
2011-06-16 | Order on motion to extend time | |
2011-06-16 |
Decision on motion to extend time, Reg, to serve and file the respondent's response to May 26/11 Granted |
|
2011-06-16 | Submission of motion to extend time, Reg | |
2011-05-30 | All materials on application for leave submitted to the Judges, Bi Abe Ro | |
2011-05-30 | Submission of motion to extend time to file and/ or serve the leave application, Bi Abe Ro | |
2011-05-26 | Motion to extend time, to serve and file the respondent's response to May 26/11, Completed on: 2011-05-26 | Her Majesty the Queen |
2011-05-26 | Respondent's response on the application for leave to appeal, Completed on: 2011-05-26 | Her Majesty the Queen |
2011-04-05 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
2011-04-04 | Motion to extend the time to file and or serve the application for leave to appeal, Included in the application, Completed on: 2011-04-04 | Troy Gilbert Davey |
2011-04-04 | Application for leave to appeal, Completed on: 2011-04-08 | Troy Gilbert Davey |
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 |
---|---|---|
Davey, Troy Gilbert | Appellant | Active |
v.
Name | Role | Status |
---|---|---|
Her Majesty the Queen | Respondent | Active |
Other parties
Name | Role | Status |
---|---|---|
Canadian Civil Liberties Association | Intervener | Active |
British Columbia Civil Liberties Association | Intervener | Active |
Information and Privacy Commissioner of Ontario | Intervener | Active |
David Asper Centre for Constitutional Rights | Intervener | Active |
Criminal Lawyers' Association | Intervener | Active |
Counsel
Party: Davey, Troy Gilbert
Counsel
Catriona Verner
Theodore Sarantis
Kristin Bailey
238 King Street East
Toronto, Ontario
M5A 1K1
Telephone: (416) 975-1700
FAX: (416) 925-8882
Email: chicks@h-b-a.ca
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: Her Majesty the Queen
Counsel
Michal Fairburn
Susan Magotiaux
Deborah Krick
10th Floor, Crown Law Office Criminal
720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4594
FAX: (416) 326-4656
Email: john.mcinnes@jus.gov.on.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Canadian Civil Liberties Association
Counsel
171 John Street
Suite 101
Toronto, Ontario
M5T 1X3
Telephone: (416) 649-5055
FAX: (866) 714-1196
Email: faddario@addario.ca
Agent
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Party: British Columbia Civil Liberties Association
Counsel
Nader R. Hasan
11 Prince Arthur Avenue
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: gchan@rubyshiller.com
Agent
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Party: Information and Privacy Commissioner of Ontario
Counsel
Stephen McCammon
2 Bloor Street East
Suite 1400
Toronto, Ontario
M4W 1A8
Telephone: (437) 770-8564
FAX: (416) 325-9186
Email: bill.challis@ipc.on.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: David Asper Centre for Constitutional Rights
Counsel
Lisa Austin
39 Queen's Park Cres. East
Toronto, Ontario
M5S 2C3
Telephone: (416) 978-0092
FAX: (416) 978-8894
Email: cheryl.milne@utoronto.ca
Agent
45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8638
FAX: (613) 230-5459
Email: martha.healey@nortonrose.com
Party: Criminal Lawyers' Association
Counsel
Peter Thorning
Toronto, Ontario
M5H 2K1
Telephone: (416) 363-2656
FAX: (416) 363-4920
Email: anthonyem@msn.com
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
Summary
Keywords
None.
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.
Criminal law — Juries — Selection — In what circumstances does the Crown’s failure to disclose information gleaned about the prospective jurors amount to a miscarriage of justice? — What are the Crown’s disclosure obligations generally?
Davey was convicted by a jury of the first degree murder of a police officer. Davey appealed his conviction to the Court of Appeal alleging errors in the charge to the jury. While the appeal was pending, Davey sought to introduce fresh evidence of jury vetting. The Court of Appeal allowed the fresh evidence, but dismissed the appeal.
Local Crown practice was to solicit the opinion of local police as to suitability of potential jurors. Following this practice, the jury list for Davey’s trial, which had been released early, was provided to police, and officers noted ““good”, “yes”, “ok” or “no”” on their lists. The information was then compiled by a Crown employee onto a master list which was given to the Crown counsel, but not to the defence counsel. The notations were based on police officers’ knowledge of the potential jurors, but not through accessing police databases.
The appeal was dismissed.
Lower court rulings
Ontario Superior Court of Justice
See file
Court of Appeal for Ontario
C48091, 2010 ONCA 818
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.
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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.
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