Case information

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings

Date	Proceeding	Filed By (if applicable)
2012-12-18	Appeal closed
2012-12-07	Record returned to the Registrar of the Court of Appeal
2012-10-26	Formal judgment sent to the registrar of the court of appeal and all parties
2012-10-26	Judgment on appeal and notice of deposit of judgment sent to all parties
2012-10-25	Judgment on the appeal rendered, CJ LeB De F Abe Ro Mo, The appeal from the judgment of the Ontario Superior Court of Justice, Number CV-11-429669, 2012 ONSC 2873, dated May 18, 2012, heard on July 10, 2012, is allowed, McLachlin C.J. and LeBel and Fish JJ. dissenting. The cross-appeal is dismissed. Mr. Wrzesnewskyj’s application under s. 524 of the Canada Elections Act, S.C. 2000, c. 9, is dismissed. The motion to adduce fresh evidence is dismissed. Allowed
2012-10-25	Correspondence (sent by the Court) to, all parties, including the Speaker of the House of Commons, pursuant to subsection 532(3) of the Canada Elections Act, S.C. 2000, C. 9
2012-09-24	Media lock-up request accepted
2012-09-24	Media lock-up consent form received from, Thomas Barlow	Ted Opitz
2012-09-24	Media lock-up consent form received from, Christopher Rupar	Attorney General of Canada
2012-09-24	Media lock-up consent form received from, David Di Paolo and Alessandra Nosko	Marc Mayrand (The Chief Electoral Officer)
2012-09-24	Media lock-up consent form received from, Sarah Thompson	Sarah Thompson
2012-09-13	Media lock-up consent form received from, Stephen Thiele	Borys Wrzesnewskyj
2012-09-07	Media lock-up letter, consent form and undertaking sample sent to all parties
2012-09-05	Media lock-up requested or proposed
2012-07-26	Transcript received, (102 pages)
2012-07-10	Hearing of motion for directions, 2012-07-10, Mo Judgment reserved
2012-07-10	Judgment reserved OR rendered with reasons to follow
2012-07-10	Intervener's condensed book, Submitted in Court (14 copies)	Canadian Civil Liberties Association
2012-07-10	Intervener's condensed book, Submitted in Court (14 copies)	O. Brian Fjeldheim (Chief Electoral Officer of Alberta)
2012-07-10	Respondent's condensed book, Submitted in Court (14 copies)	Marc Mayrand (The Chief Electoral Officer)
2012-07-10	Respondent's condensed book, Submitted in Court (14 copies)	Borys Wrzesnewskyj
2012-07-10	Appellant's condensed book, Submitted in Court (14 copies)	Ted Opitz
2012-07-10	Acknowledgement and consent for video taping of proceedings, From all parties
2012-07-10	Hearing of the appeal, 2012-07-10, CJ LeB De F Abe Ro Mo Judgment reserved
2012-07-09	Response to motion for directions, Completed on: 2012-07-09	Ted Opitz
2012-07-09	Supplemental document, Supplemental book of authorities, Completed on: 2012-07-09	Ted Opitz
2012-07-09	Correspondence received from, 6 reserved seats requested	Borys Wrzesnewskyj
2012-07-06	Correspondence received from, 7 reserved seats requested	Ted Opitz
2012-07-06	Notice of appearance, Allison Thornton and Sashu Clacken Reyes will be present at the hearing.	Canadian Civil Liberties Association
2012-07-06	Notice of appearance, Harold Turnham will be present at the hearing.	Keith Archer (Chief Electoral Officer of British Columbia)
2012-07-06	Correspondence received from, 2 reserved seats requested	Sarah Thompson
2012-07-06	Notice of appearance, William Shores and Fiona Vance will be present at the hearing.	O. Brian Fjeldheim (Chief Electoral Officer of Alberta)
2012-07-06	Notice of appearance, Kent Thomson, Matthew Milne-Smith, Thomas Barlow and Nicholas Shkordoff will be present at the hearing.	Ted Opitz
2012-07-05	Appellant's book of authorities, Completed on: 2012-07-06	Ted Opitz
2012-07-05	Correspondence (sent by the Court) to, Sarah Thompson. Re: Response to her e-mail of July 4, 2012
2012-07-05	Notice of appearance, Gavin Tighe, Stephen Thiele and Guy Régimbald will be present at the hearing.	Borys Wrzesnewskyj
2012-07-05	Order on motion to directions, (BY MOLDAVER J.)
2012-07-05	Decision on motion for directions, Mo, UPON MOTION by the respondent, Marc Mayrand, The Chief Electoral Officer, for an order for directions from the Court regarding the filing of additional evidence; AND THE MATERIAL FILED by each of the parties having been read; IT IS HEREBY ORDERED THAT: The motion is referred to the bench hearing the appeal on July 10, 2012. Referred, no order as to costs
2012-07-05	Submission of motion for directions, 2012-07-10, Mo Judgment reserved
2012-07-05	Order by, Mo, FURTHER TO THE ORDER dated June 29, 2012, granting leave to intervene to Keith Archer (The Chief Electoral Officer for British Columbia), O. Brian Fjeldheim (The Chief Electoral Officer of Alberta) and the Canadian Civil Liberties Association; IT IS HEREBY FURTHER ORDERED THAT O. Brian Fjeldheim (The Chief Electoral Officer of Alberta) and the Canadian Civil Liberties Association are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. AND IT IS HEREBY FURTHER ORDERED THAT Keith Archer (The Chief Electoral Officer for British Columbia) is not permitted to present oral argument at the hearing of the appeal. Allowed in part, no order as to costs
2012-07-05	Appeal perfected for hearing
2012-07-04	Respondent's book of authorities, (2 volumes), Completed on: 2012-07-04	Borys Wrzesnewskyj
2012-07-04	Respondent's factum, Completed on: 2012-07-04	Borys Wrzesnewskyj
2012-07-04	Respondent's book of authorities, Completed on: 2012-07-04	Marc Mayrand (The Chief Electoral Officer)
2012-07-04	Respondent's record, Completed on: 2012-07-04	Marc Mayrand (The Chief Electoral Officer)
2012-07-04	Respondent's factum, Completed on: 2012-07-04	Marc Mayrand (The Chief Electoral Officer)
2012-07-04	Response to motion for directions, (13 SEALED copies) - (3 redacted copies) (sent to panel July 5/12), Completed on: 2012-07-04	Borys Wrzesnewskyj
2012-07-04	Respondent's factum, Completed on: 2012-07-04	Ted Opitz
2012-07-04	Respondent's factum, CD missing, Service missing - Rec'd on July 9, 2012, Completed on: 2012-07-09	Sarah Thompson
2012-07-04	Intervener's book of authorities, Completed on: 2012-07-04	Keith Archer (Chief Electoral Officer of British Columbia)
2012-07-04	Intervener's factum, Completed on: 2012-07-04	Keith Archer (Chief Electoral Officer of British Columbia)
2012-07-04	Intervener's book of authorities, Completed on: 2012-07-04	O. Brian Fjeldheim (Chief Electoral Officer of Alberta)
2012-07-04	Intervener's factum, Completed on: 2012-07-04	O. Brian Fjeldheim (Chief Electoral Officer of Alberta)
2012-07-04	Intervener's book of authorities, Completed on: 2012-07-04	Canadian Civil Liberties Association
2012-07-04	Intervener's factum, Completed on: 2012-07-04	Canadian Civil Liberties Association
2012-07-04	Response to motion for directions, (sent to panel July 5/12), Completed on: 2012-07-04	Ted Opitz
2012-07-04	Correspondence received from, Christopher Rupar dated July 4, 2012. Re: Will not be participating in the appeal (sent to panel July 5/12)	Attorney General of Canada
2012-07-03	Correspondence received from, Borden, dated July 3/12; motion record contains confidential material	Marc Mayrand (The Chief Electoral Officer)
2012-07-03	Motion for directions, for the filing of additional evidence - SEALED (12 copies) - (2 redacted copies) (1 CD SEALED) (submitted to panel on July 5/12), Completed on: 2012-07-03	Marc Mayrand (The Chief Electoral Officer)
2012-06-29	Correspondence received from, Guy Régimbald dated June 29 re: confidential documents and order	Borys Wrzesnewskyj
2012-06-29	Response to the motion for leave to intervene, (Letter Form), from Thomas Barlow dated June 29 (joint response), Completed on: 2012-06-29	Ted Opitz
2012-06-29	Letter sent to Intervener(s)
2012-06-29	Order on motion for leave to intervene, (BY MOLDAVER J.)
2012-06-29	Decision on the motion for leave to intervene, Mo, UPON APPLICATIONS by Keith Archer (The Chief Electoral Officer for British Columbia), O.Brian Fjeldheim (The Chief Electoral Officer of Alberta) and the Canadian Civil Liberties Association for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of Keith Archer (The Chief Electoral Officer for British Columbia), O.Brian Fjeldheim (The Chief Electoral Officer of Alberta) and the Canadian Civil Liberties Association are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before July 4, 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 are not 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 respondents any additional disbursements occasioned to the appellants and respondents by their interventions. Granted, no order as to costs
2012-06-29	Submission of motion for leave to intervene, Mo
2012-06-28	Reply to the motion for leave to intervene, Nancy Brook rec'd by email re: will not file a formal reply, Completed on: 2012-06-28	Canadian Civil Liberties Association
2012-06-28	Reply to the motion for leave to intervene, Completed on: 2012-06-28	O. Brian Fjeldheim (Chief Electoral Officer of Alberta)
2012-06-28	Reply to the motion for leave to intervene, Completed on: 2012-06-28	Keith Archer (Chief Electoral Officer of British Columbia)
2012-06-28	Response to the motion for leave to intervene, of CCLA, Chief Electoral Alberta and Chief Electoral BC (Joint), Completed on: 2012-06-28	Borys Wrzesnewskyj
2012-06-28	Trial court record, (8 boxes)
2012-06-27	Motion for leave to intervene, Completed on: 2012-06-27	Canadian Civil Liberties Association
2012-06-27	Motion for leave to intervene, Completed on: 2012-06-27	O. Brian Fjeldheim (Chief Electoral Officer of Alberta)
2012-06-27	Motion for leave to intervene, Completed on: 2012-06-27	Keith Archer (Chief Electoral Officer of British Columbia)
2012-06-26	Correspondence received from, 6 reserved seats requested	Marc Mayrand (The Chief Electoral Officer)
2012-06-26	Notice of appearance, David Di Paolo, Alessandra Nosko and Trevor Knight will be present at the hearing.	Marc Mayrand (The Chief Electoral Officer)
2012-06-26	Correspondence received from, Thomas Barlow dated June 26, 2012. Re: Typographical errors in the factum to be corrected	Ted Opitz
2012-06-25	Appellant's record, CONFIDENTIAL - Joint (8 volumes) - rec'd June 28/12 (8 volumes REDACTED), Completed on: 2012-06-25	Ted Opitz
2012-06-25	Appellant's factum, Factums replaced on June 26, 2012., Completed on: 2012-06-25	Ted Opitz
2012-06-25	Appellant's factum, Completed on: 2012-06-25	Borys Wrzesnewskyj
2012-06-15	Notice of hearing sent to parties
2012-06-15	Appeal hearing scheduled, 2012-07-10, (Early start 9:00a.m.) Judgment reserved
2012-06-14	Order on motion to directions, (BY THE COURT)
2012-06-14	Decision on motion for directions, THE COURT: UPON MOTIONS by the Appellants Opitz and Wrzesnewskyj for directions regarding the hearing date and deadlines for filing records and factums; AND THE MATERIAL FILED by each of the parties having been read; IT IS HEREBY ORDERED THAT: 1. The appeals will be heard on July 10, 2012. 2. The Appellants are directed to file a single joint record that complies with the requirements of Rule 38 and contains only those documents that are necessary. Any dispute over the contents of the joint record may be settled by motion to the Registrar. 3. The schedule for serving and filing the material is set as follows: a) Appellants’ Joint Record to be served and filed no later than June 25, 2012. b) Appellants’ Factums to be served and filed no later than June 25, 2012. c) Notice of Motion for Leave to Intervene to be served and filed no later than June 27, 2012. d) Respondents’ Factums to be served and filed no later than July 4, 2012. e) If Leave to Intervene is granted, Interverners’ Factums to be served and filed no later than July 4, 2012. 4. The motion compelling the Appellant, Ted Opitz, to serve and file an Amended Notice of Appeal or to set out his grounds of appeal of the decision of the Honourable Mr. Justice Lederer is dismissed Allowed in part
2012-06-14	Submission of motion for directions
2012-06-11	Response to motion for directions, (bookform), Completed on: 2012-06-12	Ted Opitz
2012-06-08	Correspondence received from, Gavin J. Thiele dated June 8/12 re transmission of record	Borys Wrzesnewskyj
2012-06-07	Response to motion for directions, (bookform), Completed on: 2012-06-07	Borys Wrzesnewskyj
2012-06-06	Motion for directions, for an order scheduling this appeal to be heard on the first available date in the Fall Session (bookform), Completed on: 2012-06-07	Ted Opitz
2012-06-01	Correspondence received from, W. Thomas Barlow dated June 1/12 re will bring a motion for directions early next week	Ted Opitz
2012-06-01	Motion for directions, for an order abridging the time to respond to the within motion, fixing June 27 as the date of hearing and other requests, Completed on: 2012-06-04	Borys Wrzesnewskyj
2012-05-31	Correspondence received from, Barbara A. McIsaac, Q.C. dated May 31/12 re is the Ottawa Agent for the respondent	Marc Mayrand (The Chief Electoral Officer)
2012-05-30	Correspondence received from, Christopher Rupar dated May 30/12 re is counsel for the respondent	Attorney General of Canada
2012-05-28	Notice of appeal, Completed on: 2012-05-30	Borys Wrzesnewskyj
2012-05-28	Notice of appeal, Completed on: 2012-05-28	Ted Opitz

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Opitz, Ted	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
Wrzesnewskyj, Borys	Respondent	Active
Attorney General of Canada	Respondent	Active
Marc Mayrand (The Chief Electoral Officer)	Respondent	Active
Allan Sperling (Returning Officer, Etobicoke Centre)	Respondent	Active
Thompson, Sarah	Respondent	Active
Zoricic, Katarina	Respondent	Active

And Between

Sub parties (1) - Appellants

Name	Role	Status
Wrzesnewskyj, Borys	Appellant	Active

v.

Sub parties (1) - Respondents

Name	Role	Status
Opitz, Ted	Respondent	Active
Attorney General of Canada	Respondent	Active
Marc Mayrand (The Chief Electoral Officer)	Respondent	Active
Allan Sperling (Returning Officer, Etobicoke Centre)	Respondent	Active

Other parties

Other parties

Name	Role	Status
Keith Archer (Chief Electoral Officer of British Columbia)	Intervener	Active
O. Brian Fjeldheim (Chief Electoral Officer of Alberta)	Intervener	Active
Canadian Civil Liberties Association	Intervener	Active

Counsel

Summary

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

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Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

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