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.
35808
Robert T. Strickland, et al. v. Attorney General of Canada
(Federal) (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) |
|---|---|---|
| 2015-07-14 | Appeal closed | |
| 2015-07-10 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-07-10 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-07-09 |
Judgment on the appeal rendered, CJ Abe Ro Cro Mo Ka Wa Ga Côt, The appeal from the judgment of the Federal Court of Appeal, Number A-199-13, 2014 FCA 33, dated February 5, 2014, heard on January 20, 2015, is dismissed with costs. Dismissed, with costs |
|
| 2015-02-04 | Transcript received, 86 pages | |
| 2015-01-20 | Judgment reserved OR rendered with reasons to follow | |
| 2015-01-20 |
Hearing of the appeal, 2015-01-20, CJ Abe Ro Cro Mo Ka Wa Ga Côt Judgment reserved |
|
| 2015-01-20 | Respondent's condensed book, (Book Form), received at the hearing. | Attorney General of Canada |
| 2015-01-20 | Appellant's condensed book, (Book Form), received at the hearing., (Electronic version filed on 2015-01-20) | Robert T. Strickland |
| 2015-01-15 | Correspondence received from, (Letter Form), AG Canada re : participation in hearing., (Electronic version filed on 2015-01-15) | Attorney General of Canada |
| 2015-01-15 | Correspondence received from, 4 reserved seats requested | Attorney General of Canada |
| 2015-01-13 | Correspondence received from, (Letter Form), letter dated 2015-01-13 stating the Federal Child Support Guidelines are not reproduce properly in the respondant's factum filed on December 10, 2014. The Guidelines were reproduced in the appellant's factum., (Electronic version filed on 2015-01-13) | Attorney General of Canada |
| 2015-01-05 | Notice of appearance, Glenn Solomon, Q.C. and Laura Warner will be present at the hearing. | Robert T. Strickland |
| 2015-01-05 | Appeal perfected for hearing | |
| 2014-12-30 | Notice of appearance, Anne Turley and Catherine Lawrence will be present at the hearing. | Attorney General of Canada |
| 2014-12-10 | Respondent's book of authorities, (Book Form), Completed on: 2014-12-10 | Attorney General of Canada |
| 2014-12-10 | Respondent's factum, Completed on: 2014-12-10, (Electronic version filed on 2014-12-10) | Attorney General of Canada |
| 2014-12-05 | Notice of hearing sent to parties | |
| 2014-12-02 |
Appeal hearing scheduled, 2015-01-20 Judgment reserved |
|
| 2014-10-15 | Certificate of counsel (attesting to record) | Robert T. Strickland |
| 2014-10-15 | Appellant's book of authorities, (2 volumes), Completed on: 2014-10-15 | Robert T. Strickland |
| 2014-10-15 | Appellant's record, Completed on: 2014-10-15 | Robert T. Strickland |
| 2014-10-15 | Appellant's factum, Completed on: 2014-10-15 | Robert T. Strickland |
| 2014-08-22 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2014-08-20 |
Order by, CJ, 1. The appellants’ record, factum and book of authorities shall be served and filed on or before October 15, 2014. 2. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before November 5, 2014. 3. The appellants and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before November 10, 2014. 4. Replies to any responses to the motions for leave to intervene shall be served and filed on or before November 13, 2014. 5. The respondent’s record, factum and book of authorities shall be served and filed no later than eight (8) weeks after the service of the appellants’ record, factum and book of authorities. Granted |
|
| 2014-08-20 | Certificate (on limitations to public access) | Robert T. Strickland |
| 2014-08-20 | Notice of appeal, Completed on: 2014-08-20 | Robert T. Strickland |
| 2014-07-23 | Correspondence received from, Respondent, re.: Counsel for the Respondent will now be Anne M. Turley and Catherine Lawrence | Attorney General of Canada |
| 2014-06-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-06-27 | Judgment on leave sent to the parties | |
| 2014-06-26 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-199-13, 2014 FCA 33, dated February 5, 2014, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2014-06-09 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2014-05-09 | Applicant's reply to respondent's argument, Completed on: 2014-05-09 | Robert T. Strickland |
| 2014-04-30 | Certificate (on limitations to public access), (Electronic version filed on 2014-04-30) | Attorney General of Canada |
| 2014-04-30 | Respondent's response on the application for leave to appeal, Completed on: 2014-04-30 | Attorney General of Canada |
| 2014-04-02 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2014-04-02 | |
| 2014-04-02 | Certificate (on limitations to public access), (Electronic version filed on 2014-04-02) | Robert T. Strickland |
| 2014-04-02 | Application for leave to appeal, Completed on: 2014-04-02 | Robert T. Strickland |
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 |
|---|---|---|
| Strickland, Robert T. | Appellant | Active |
| George Connon, Roland Auer, Iwona Auer-Grzesiak, Mark Auer and Vladimir Auer by his Litigation Representative Roland Auer | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Strickland, Robert T.
Counsel
Laura Warner
800-304 8 Avenue, S.W.
Calgary, Alberta
T2P 1C2
Telephone: (403) 571-1507
FAX: (403) 571-1528
Email: gsolomon@jssbarristers.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: George Connon, Roland Auer, Iwona Auer-Grzesiak, Mark Auer and Vladimir Auer by his Litigation Representative Roland Auer
Counsel
Laura Warner
800-304 8 Avenue, S.W.
Calgary, Alberta
T2P 1C2
Telephone: (403) 571-1507
FAX: (403) 571-1528
Email: gsolomon@jssbarristers.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Attorney General of Canada
Counsel
Catherine Lawrence
Department of Justice
50 O'Connor Street, Suite 500, Room 558
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6291
FAX: (613) 954-1920
Email: anne.turley@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
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.
Administrative law - Judicial Review - Jurisdiction to review the validity of federal subordinate legislation on an administrative law basis - Scope of Federal Court discretion to decline jurisdiction - Federal Courts Act, R.S.C. 1985, c. F-7, ss. 18 and 18.1 - Did the courts below err in concluding that the provincial superior courts have concurrent jurisdiction over these proceedings? - Did the courts below err in using judicial discretion to override clear legislative intent? - Did the courts below err in concluding that the appellants had access to an adequate alternative remedy?
The appellants brought an application for judicial review in the Federal Court seeking to have the Federal Child Support Guidelines, SOR/97-175 (“Guidelines”), declared ultra vires the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp). The Federal Court dismissed the application for judicial review for several reasons. First, all but one of the appellants lacked standing to bring the application. Second, the application constituted, in the court’s view, an impermissible collateral attack and an abuse of process in the case of one of the appellants. Finally, the Federal Court was not the appropriate forum in which to address the issue, given the minor role the court plays in issues under the Divorce Act and the breadth of the jurisdiction and expertise of the provincial superior courts in matters related to divorce and child support. The Federal Court of Appeal dismissed the appeal.
Lower court rulings
Federal Court
T-2064-12, 2013 FC 475
Motion pursuant to R. 369 of the Federal Courts Rules, SOR/98-106, granted; application for judicial review dismissed
Federal Court of Appeal
A-199-13, 2014 FCA 33
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
Not available