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.
36583
Sidney Green v. Law Society of Manitoba
(Manitoba) (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) |
|---|---|---|
| 2017-04-03 | Appeal closed | |
| 2017-03-31 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-03-31 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-03-30 |
Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt, The appeal from the judgment of the Court of Appeal of Manitoba, Number AI 15-30-08363, 2015 MBCA 67, dated June 17, 2015, heard on November 9, 2016, is dismissed with costs throughout to The Law Society of Manitoba. Abella and Côté JJ. dissent. Dismissed, with costs |
|
| 2016-11-22 | Transcript received, 95 pages | |
| 2016-11-09 | Intervener's condensed book, (Letter Form), "Continuing Professional Development Requirements & Ability to Enforce by Provincial Law Society" Submitted in Courtroom (14 copies) | Federation of Law Societies of Canada |
| 2016-11-09 | Judgment reserved OR rendered with reasons to follow | |
| 2016-11-09 |
Hearing of the appeal, 2016-11-09, CJ Abe Mo Ka Wa Ga Côt Judgment reserved |
|
| 2016-11-09 | Respondent's condensed book, (Book Form), Submitted in Courtroom (14 copies) | Law Society of Manitoba |
| 2016-11-09 | Appellant's condensed book, (Book Form), Submitted in Courtroom (14 copies) | Sidney Green |
| 2016-11-08 | Correspondence received from, Karen Collins. 2 additionnals reserved seats for McCarthy, Tetrault. | Federation of Law Societies of Canada |
| 2016-11-03 | Correspondence received from, Kevin T. Williams. 2 seats reserved. | Sidney Green |
| 2016-11-02 | Notice of appearance, (Letter Form), Charles R. Huband and Kevin T. Williams will be appearing. Mr. Huband will be presenting oral arguments. | Federation of Law Societies of Canada |
| 2016-11-02 | Correspondence received from, Karen Collins. 2 reserved seats. | Federation of Law Societies of Canada |
| 2016-11-02 | Notice of appearance, (Letter Form), Neil Finkelstein and Brandon Kain will be appearing. Mr. Finkelstein will present oral arguments. | Federation of Law Societies of Canada |
| 2016-10-26 | Notice of appearance, (Letter Form), Rocky Kravetsky and Jeffrey W. Beedell will be appearing. Mr. Kravetsky will prensent oral arguments. | Law Society of Manitoba |
| 2016-08-26 | Notice of hearing sent to parties | |
| 2016-08-10 |
Appeal hearing scheduled, 2016-11-09, (previously scheduled for October 7, 2016) Judgment reserved |
|
| 2016-07-14 |
Order by, JUSTICE BROWN, Br, FURTHER TO THE ORDER dated May 13, 2016, granting leave to intervene to the Federation of Law Societies of Canada; IT IS HEREBY FURTHER ORDERED THAT: The said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2016-07-06 | Intervener's book of authorities, (Book Form), Completed on: 2016-07-06, (Electronic version filed on 2016-07-06) | Federation of Law Societies of Canada |
| 2016-07-06 | Intervener's factum, (Book Form), Completed on: 2016-07-06, (Electronic version filed on 2016-07-06) | Federation of Law Societies of Canada |
| 2016-05-27 | Appeal perfected for hearing | |
| 2016-05-17 | Certificate of counsel (attesting to record) | Law Society of Manitoba |
| 2016-05-17 | Respondent's book of authorities, Completed on: 2016-05-17 | Law Society of Manitoba |
| 2016-05-17 | Respondent's record, Completed on: 2016-05-17 | Law Society of Manitoba |
| 2016-05-17 | Respondent's factum, Completed on: 2016-05-17 | Law Society of Manitoba |
| 2016-05-13 | Order on motion for leave to intervene, by JUSTICE BROWN | |
| 2016-05-13 |
Decision on the motion for leave to intervene, Br, UPON APPLICATION by the Federation of Law Societies of Canada 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 is granted and the said intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length in this appeal on or before July 8, 2016. 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 is 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 intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. Granted |
|
| 2016-05-13 | Submission of motion for leave to intervene, Br | |
| 2016-04-26 | Response to the motion for leave to intervene, Completed on: 2016-04-26 | Law Society of Manitoba |
| 2016-04-21 | Intervener's book of authorities, (2 volumes), On motion to intervene, Completed on: 2016-04-21 | Federation of Law Societies of Canada |
| 2016-04-21 | Motion for leave to intervene, (Book Form), Completed on: 2016-04-21 | Federation of Law Societies of Canada |
| 2016-04-20 | Correspondence (sent by the Court) to, all parties by mail, re: new tentative hearing date. | |
| 2016-03-24 | Certificate of counsel (attesting to record) | Sidney Green |
| 2016-03-24 | Appellant's book of authorities, Completed on: 2016-03-24 | Sidney Green |
| 2016-03-24 | Appellant's record, (3 volumes), Completed on: 2016-03-24 | Sidney Green |
| 2016-03-24 | Appellant's factum, Completed on: 2016-03-24 | Sidney Green |
| 2016-01-06 | Notice of appeal, Completed on: 2016-01-06 | Sidney Green |
| 2015-12-21 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2015-12-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-12-11 | Judgment on leave sent to the parties | |
| 2015-12-10 |
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, Number AI15-30-08363, 2015 MBCA 67, dated June 17, 2015, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2015-11-09 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2015-09-22 | Certificate (on limitations to public access) | Law Society of Manitoba |
| 2015-09-22 | Notice of name | Law Society of Manitoba |
| 2015-09-22 | Respondent's response on the application for leave to appeal, Completed on: 2015-09-22 | Law Society of Manitoba |
| 2015-09-01 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2015-09-01 | |
| 2015-09-01 | Certificate (on limitations to public access) | Sidney Green |
| 2015-08-31 | Application for leave to appeal, Completed on: 2015-08-31 | Sidney Green |
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 |
|---|---|---|
| Green, Sidney | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Law Society of Manitoba | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Federation of Law Societies of Canada | Intervener | Active |
Counsel
Party: Green, Sidney
Counsel
Kevin T. Williams
9th Floor - 400 St. Mary Avenue
Winnipeg, Manitoba
R3C 4K5
Telephone: (204) 988-0428
FAX: (204) 957-0945
Email: chuband@tmlawyers.com
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Law Society of Manitoba
Counsel
219 Kennedy Street
Winnipeg, Manitoba
R3C 1S8
Telephone: (204) 942-5571
FAX: (204) 956-0624
Email: rkravetsky@lawsociety.mb.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: Federation of Law Societies of Canada
Counsel
Brandon Kain
Suite 5300
Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-8200
FAX: (416) 868-0673
Email: nfinkelstein@mccarthy.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@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.
Law of professions – Barristers and solicitors – Discipline – Applicant lawyer challenging validity of Law Society mandatory continuing professional development regulations and administrative suspension sanction – Can a statutory professional association suspend and cancel the right of one of its members to practice his or her profession, as a means of compelling the member to participate in what had been a voluntary program, or as punishment for not participating, when there is no specific section in the legislation authorizing suspension or cancellation?
Mr. Green is a lawyer, called to the Bar of Manitoba in 1955, who did not comply with the requirement prescribed by the Law Society of Manitoba (“LSM”) to complete a minimum of twelve hours of annual continuing professional development (“CPD”) activities. He challenged the validity of those rules under which the LSM had suspended his practicing certificate on two grounds. First, he argued that The Legal Profession Act, C.C.S.M., c. L107 did not explicitly permit the LSM to enact mandatory CPD rules and to enforce those rules with the imposition of a suspension. Secondly, he argued that the rules violated the principles of natural justice because they gave the LSM authority to impose a suspension without a right of hearing or appeal.
Lower court rulings
Court of Queen’s Bench of Manitoba
CI 14-01-90105, 2014 MBQB 249
Applicant’s application to have certain rules declared invalid dismissed.
Court of Appeal of Manitoba
AI 15-30-08363, 2015 MBCA 67
Applicant’s 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