Case information
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36379
Larry Peter Klippenstein v. Manitoba Ombudsman
(Manitoba) (Civil) (By Leave)
(Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-06-24 | Close file on Leave | |
| 2015-06-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-06-19 | Judgment on leave sent to the parties | |
| 2015-06-18 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Manitoba, Numbers AI13-30-08075, AI13-30-08084 and AI14-30-08112, 2015 MBCA 15, dated February 4, 2015, is dismissed without costs. Dismissed, without costs |
|
| 2015-05-25 | All materials on application for leave submitted to the Judges, CJ Wa Ga | |
| 2015-05-08 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-05-08 | Larry Peter Klippenstein |
| 2015-05-05 | Notice of name, (Letter Form), x, (Electronic version filed on 2015-05-05) | Manitoba Ombudsman |
| 2015-05-05 | Certificate (on limitations to public access), (Letter Form), x, (Electronic version filed on 2015-05-05) | Manitoba Ombudsman |
| 2015-05-05 | Respondent's response on the application for leave to appeal, (Book Form), x, Completed on: 2015-05-05, (Electronic version filed on 2015-05-05) | Manitoba Ombudsman |
| 2015-04-07 | Letter acknowledging receipt of a complete application for leave to appeal, (File open) | |
| 2015-04-02 | Correspondence (sent by the Court) to, Acknowledgement | |
| 2015-03-31 | Certificate (on limitations to public access), (Letter Form), (Included in the application for leave to appeal) | Larry Peter Klippenstein |
| 2015-03-31 | Application for leave to appeal, (Book Form), Completed on: 2015-03-31 | Larry Peter Klippenstein |
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 |
|---|---|---|
| Klippenstein, Larry Peter | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Manitoba Ombudsman | Respondent | Active |
Counsel
Party: Klippenstein, Larry Peter
This party is not represented by counsel.
Party: Manitoba Ombudsman
Counsel
Winnipeg, Manitoba
R3C 0E2
Telephone: (204) 949-4474
FAX: (204) 943-5577
Email: rockykravetsky@mts.net
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.
Charter of Rights – Rights to fundamental justice and equality – Applicant’s appeals stayed pending receipt by court of a medical report indicating applicant competent to conduct legal proceedings or appointment of a litigation guardian – Whether lower court discriminated against applicant on the basis of mental disability – Whether Mainella J.A. exceeded his jurisdiction by finally disposing of applicant’s claim and by deciding the merits of his claim against the Ombudsman – Whether applicant had his interests properly represented because he was a person under disability and he did not have the protections of a litigation guardian and lawyer – Whether applicant has right to sue Mainella J.A. and the Manitoba Court of Appeal for not properly protecting his rights as a person with a mental disability.
Mr. Klippenstein brought an action against the respondent in 2013, alleging that he had been a victim of a crime on two occasions while riding a transit bus. He filed a complaint with the Ombudsman requesting information under The Freedom of Information and Protection of Privacy Act, C.C.S.M., c. F175 with respect to the two incidents. He was not satisfied with the Ombudsman’s investigations because they did not lead to prosecutions. In his action, Mr. Klippenstein alleged that the Ombudsman had acted in bad faith. The Ombudsman moved to stay the action.
Lower court rulings
Court of Queen’s Bench of Manitoba
2014 MBQB 25, CI 13-01-85585
see file
Court of Appeal of Manitoba
2015 MBCA 15, AI13-30-08075, AI13-30-08084, AI14-30-08112
see file
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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