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Case information

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38695

Estate of Bernard Sherman and the Trustees of the Estate, et al. v. Kevin Donovan, et al.

(Ontario) (Civil) (By Leave)

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)
2022-06-07 Appeal closed
2021-08-17 Correspondence received from, (Letter Form), Respondents, RE: Unsealing of Factum/Record, (Printed version due on 2021-08-24) Kevin Donovan
2021-07-29 Correspondence (sent by the Court) to, appellants and respondents, RE: Unsealing of Factum/Record
2021-06-11 Formal judgment sent to the registrar of the court of appeal and all parties
2021-06-11 Judgment on appeal and notice of deposit of judgment sent to all parties
2021-06-11 Judgment on the appeal rendered, CJ Mo Ka Br Row Mar Kas, The appeal from the judgment of the Court of Appeal for Ontario, 2019 ONCA 376, Number C65874, dated May 8, 2019, heard on October 6, 2020, is dismissed. The motion to adduce new evidence filed by the respondent Kevin Donovan is dismissed as being moot.
Dismissed
2020-12-22 General proceeding, (Letter Form), Case Sensitivity Questionnaire Estate of Bernard Sherman and the Trustees of the Estate
2020-12-07 General proceeding, (Letter Form), Case Sensitivity Questionnaire Kevin Donovan
2020-11-04 Certificate (on limitations to public access), (Letter Form), 23B-Condensed Book Estate of Bernard Sherman and the Trustees of the Estate
2020-11-03 Certificate (on limitations to public access), (Letter Form), 23B - Condensed Book Kevin Donovan
2020-10-30 Transcript received, 132 pages
2020-10-06 Judgment reserved OR rendered with reasons to follow
2020-10-06 Hearing of the appeal, 2020-10-06, CJ Mo Ka Br Row Mar Kas
Judgment reserved
2020-10-05 Intervener's condensed book, (Book Form) Ad IDEM/Canadian Media Lawyers Association, Postmedia Network Inc., CTV, a Division of Bell Media Inc., Global News, a division of Corus Television Limited Partnership, The Globe and Mail Inc. and Citytv, a division of Rogers Media Inc.
2020-10-05 Respondent's condensed book, (Book Form) Kevin Donovan
2020-10-05 Appellant's condensed book, (Book Form) Estate of Bernard Sherman and the Trustees of the Estate
2020-10-02 Correspondence received from Attorney General of British Columbia
2020-10-01 Intervener's condensed book, (Book Form) Attorney General of Ontario
2020-09-30 Notice of appearance, (Letter Form), Iris Fischer and Skye A. Sepp will appear before the court. Ms. Fischer will present oral arguments.
 Kevin Donovan
2020-09-29 Notice of appearance, (Letter Form), Robert S. Anderson, Q.C. will appear before the court, and will present oral arguments. Ad IDEM/Canadian Media Lawyers Association, Postmedia Network Inc., CTV, a Division of Bell Media Inc., Global News, a division of Corus Television Limited Partnership, The Globe and Mail Inc. and Citytv, a division of Rogers Media Inc.
2020-09-28 Notice of appearance, (Letter Form), Khalid Janmohamed will appear before the court, and will present oral arguments.
 HIV & AIDS Legal Clinic Ontario, HIV Legal Network and Mental Health Legal Committee
2020-09-25 Notice of appearance, (Letter Form), Chantelle Cseh and Timothy Youdan will appear before the court, and both will present oral arguments.
 Estate of Bernard Sherman and the Trustees of the Estate
2020-09-24 Notice of appearance, (Letter Form), Jacqueline Hughes will appear before the court, and will present oral arguments.
 Attorney General of British Columbia
2020-09-24 Notice of appearance, (Letter Form), Ryan Gilliland will appear before the court, and will present oral arguments.
 Canadian Civil Liberties Association
2020-09-22 Notice of appearance, (Letter Form), Ewa Krajewska will appear before the court, and will present oral arguments.
 Income Security Advocacy Centre
2020-09-22 Notice of appearance, (Letter Form), Adam Goldenberg will appear before the court, and will present oral arguments.
 British Columbia Civil Liberties Association
2020-09-21 Notice of appearance, (Letter Form), Peter Scrutton will appear before the court, and will present oral arguments.
 Attorney General of Ontario
2020-09-02 Notice of hearing sent to parties
2020-08-25 Appeal hearing scheduled, 2020-10-06
Judgment reserved
2020-07-15 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (sent to parties by email on July 15, 2020)
2020-05-21 Order on motion to adduce new evidence, by ROWE J.
2020-05-21 Decision on motion to adduce new evidence, Row,
UPON APPLICATION by the respondent, Kevin Donovan, for an order to adduce new evidence;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is deferred to the panel hearing the appeal.

Referred
2020-05-21 Submission of motion to adduce new evidence, Row
2020-05-19 Correspondence received from, (Letter Form), Chantelle Cseh
Request for direction with regards to the sealing order, (Printed version due on 2020-05-26) 		Estate of Bernard Sherman and the Trustees of the Estate
2020-03-30 Notice of name, (Letter Form), (Printed version filed on 2020-04-17) Toronto Star Newspapers Ltd.
2020-03-25 Order on motion to add or substitute parties, by KARAKATSANIS J.
2020-03-25 Decision on motion to add or substitute parties, Ka,
UPON APPLICATION by the respondent, Kevin Donovan, for an order adding Toronto Star Newspaper Ltd. as a respondent party in the above appeal, pursuant to Rules 18 and 47 of the Rules of the Supreme Court of Canada;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is granted.

Toronto Star Newspaper Ltd. is added as a respondent in the proceedings before this Court pursuant to Rule 18(1) of the Rules of the Supreme Court of Canada and the style of cause shall be modified to reflect this change.

Granted
2020-03-25 Submission of motion to add or substitute parties, Ka
2020-03-13 Certificate (on limitations to public access), (Letter Form), 23B-Reply Factum Kevin Donovan
2020-03-13 Reply to motion to add or substitute parties, (Letter Form), Completed on: 2020-03-13 Kevin Donovan
2020-03-13 Supplemental document, (Book Form), Book of Authorities, Completed on: 2020-03-13, (Printed version filed on 2020-03-13) Kevin Donovan
2020-03-13 Reply factum on appeal, (Book Form), Completed on: 2020-03-13, (Printed version filed on 2020-03-13) Kevin Donovan
2020-03-12 Supplemental document, (Book Form), Reply Factum Book of Authorities, Completed on: 2020-03-12 Estate of Bernard Sherman and the Trustees of the Estate
2020-03-12 Reply factum on appeal, (Book Form), Completed on: 2020-03-12 Estate of Bernard Sherman and the Trustees of the Estate
2020-03-12 Intervener's book of authorities, (Book Form), Completed on: 2020-03-12 Attorney General of British Columbia
2020-03-12 Intervener's factum, (Book Form), Completed on: 2020-03-12 Attorney General of British Columbia
2020-03-11 Intervener's book of authorities, (Book Form), Completed on: 2020-03-11 Attorney General of Ontario
2020-03-11 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2020-03-11 Attorney General of Ontario
2020-03-10 Response to motion to add or substitute parties, (Book Form), Completed on: 2020-03-10 Estate of Bernard Sherman and the Trustees of the Estate
2020-03-09 Certificate (on limitations to public access), (Letter Form), 23A and 23B Kevin Donovan
2020-03-09 Certificate of counsel (attesting to record), (Letter Form) Kevin Donovan
2020-03-09 Respondent's record, (Book Form), (2 volumes), Volume 2 submitted in the motion to adduce new evidence in december 19., Completed on: 2020-03-09 Kevin Donovan
2020-03-09 Respondent's book of authorities, (Book Form), Completed on: 2020-03-09 Kevin Donovan
2020-03-09 Respondent's factum, (Book Form), Completed on: 2020-03-09 Kevin Donovan
2020-03-05 Supplemental document, Electronic format only, Completed on: 2020-03-05 Kevin Donovan
2020-03-05 Intervener's book of authorities, (Book Form), Missing: Proof of Service, Electronic copy, Completed on: 2020-03-05 Ad IDEM/Canadian Media Lawyers Association, Postmedia Network Inc., CTV, a Division of Bell Media Inc., Global News, a division of Corus Television Limited Partnership, The Globe and Mail Inc. and Citytv, a division of Rogers Media Inc.
2020-03-05 Intervener's factum, (Book Form), Completed on: 2020-03-05 Ad IDEM/Canadian Media Lawyers Association, Postmedia Network Inc., CTV, a Division of Bell Media Inc., Global News, a division of Corus Television Limited Partnership, The Globe and Mail Inc. and Citytv, a division of Rogers Media Inc.
2020-03-05 Intervener's factum, (Book Form), Completed on: 2020-03-05 Canadian Civil Liberties Association
2020-03-05 Intervener's book of authorities, (Book Form), Completed on: 2020-03-05 British Columbia Civil Liberties Association
2020-03-05 Intervener's factum, (Book Form), Completed on: 2020-03-05 British Columbia Civil Liberties Association
2020-03-05 Intervener's factum, (Book Form), Completed on: 2020-03-05 HIV & AIDS Legal Clinic Ontario, HIV Legal Network and Mental Health Legal Committee
2020-03-05 Intervener's factum, (Book Form), Completed on: 2020-03-05 Income Security Advocacy Centre
2020-03-03 Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2020-03-04) Kevin Donovan
2020-03-03 Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2020-03-04) Kevin Donovan
2020-03-03 Motion to add or substitute parties, (Book Form),
MISSING:
1) filing fee (received 2020-03-04)
2) paper copies (received 2020-03-04), Completed on: 2020-03-05, (Printed version filed on 2020-03-04) 		Kevin Donovan
2020-02-21 Order on motion for leave to intervene, by MARTIN J.
2020-02-21 Decision on the motion for leave to intervene, Mar,
UPON APPLICATIONS by the Canadian Civil Liberties Association; Income Security Advocacy Centre; Ad IDEM/Canadian Media Lawyers Association, Postmedia Network Inc., CTV, a Division of Bell Media Inc., Global News, a division of Corus Television Limited Partnership, The Globe and Mail Inc. and Citytv, a division of Rogers Media Inc. (jointly); British Columbia Civil Liberties Association; and HIV & AIDS Legal Clinic Ontario, HIV Legal Network and Mental Health Legal Committee (jointly) 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 are granted and the said five (5) interveners or groups of interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length. The deadline set by the Registrar on December 4, 2019, is varied and the interveners or groups of interveners shall serve and file their factums and books of authorities, if any, on or before March 5, 2020.

The said five (5) interveners or groups of interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

The appellants and respondent are each granted permission to serve and file a single reply factum to all interventions not to exceed five (5) pages in length on or before March 12, 2020, at 12 p.m. EST.

The interveners or groups of 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 respondent any additional disbursements resulting from their interventions.

IT IS HEREBY FURTHER ORDERED THAT:

The Attorney General of Ontario and the Attorney General of British Columbia are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

Granted
2020-02-21 Submission of motion for leave to intervene, Mar
2020-02-19 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2020-02-19 Ad IDEM/Canadian Media Lawyers Association, Postmedia Network Inc., CTV, a Division of Bell Media Inc., Global News, a division of Corus Television Limited Partnership, The Globe and Mail Inc. and Citytv, a division of Rogers Media Inc.
2020-02-17 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-02-17 Kevin Donovan
2020-02-14 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-02-14 Estate of Bernard Sherman and the Trustees of the Estate
2020-02-12 Notice of name, (Letter Form) HIV & AIDS Legal Clinic Ontario, HIV Legal Network and Mental Health Legal Committee
2020-02-12 Motion for leave to intervene, (Book Form), Completed on: 2020-02-12 HIV & AIDS Legal Clinic Ontario, HIV Legal Network and Mental Health Legal Committee
2020-02-12 Certificate (on limitations to public access), (Letter Form), Form 23A British Columbia Civil Liberties Association
2020-02-12 Notice of name, (Letter Form), amended version received on 2020-02-13 British Columbia Civil Liberties Association
2020-02-12 Motion for leave to intervene, (Book Form),
MISSING: updated contact information of main counsel (received 2020-02-13), Completed on: 2020-02-14 		British Columbia Civil Liberties Association
2020-02-12 Notice of name, (Letter Form), Amended version received on 2020-02-18 Ad IDEM/Canadian Media Lawyers Association, Postmedia Network Inc., CTV, a Division of Bell Media Inc., Global News, a division of Corus Television Limited Partnership, The Globe and Mail Inc. and Citytv, a division of Rogers Media Inc.
2020-02-12 Motion for leave to intervene, (Book Form), Amended cover pages, notice of motion and notice of name received on 2020-02-18.
MISSING: filing fee (received 2020-02-18), Completed on: 2020-02-21 		Ad IDEM/Canadian Media Lawyers Association, Postmedia Network Inc., CTV, a Division of Bell Media Inc., Global News, a division of Corus Television Limited Partnership, The Globe and Mail Inc. and Citytv, a division of Rogers Media Inc.
2020-02-12 Notice of name, (Letter Form) Income Security Advocacy Centre
2020-02-12 Motion for leave to intervene, (Book Form), Completed on: 2020-02-12 Income Security Advocacy Centre
2020-02-12 Motion for leave to intervene, (Book Form), Completed on: 2020-02-12 Canadian Civil Liberties Association
2020-02-07 Correspondence received from, (Letter Form), Fey Oni is agent for the respondent, Kevin Donovan.
 Kevin Donovan
2020-02-07 Order on motion to adduce new evidence, by Justice Rowe
2020-02-07 Order on miscellaneous motion, by Justice Rowe
2020-02-07 Decision on motion to adduce new evidence, Row,
UPON APPLICATION by the respondent for an order to adduce new evidence;

AND UPON APPLICATION by the appellants for an order to cross-examine the respondent;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

1. The motion for leave to cross-examine the respondent is granted with costs in the cause.

2. The motion to adduce new evidence is adjourned pending completion of cross-examinations.

Adjourned, no order as to costs
2020-02-07 Decision on miscellaneous motion, (joint order), Row, See order above
Granted, with costs in the cause
2020-02-07 Submission of motion to adduce new evidence, Row
2020-02-07 Submission of miscellaneous motion, Row
2020-01-27 Certificate (on limitations to public access), (Letter Form), 23B-Factum Estate of Bernard Sherman and the Trustees of the Estate
2020-01-27 Certificate (on limitations to public access), (Letter Form), 23B-Record Estate of Bernard Sherman and the Trustees of the Estate
2020-01-27 Correspondence received from, (Letter Form), the appellants regarding the Sealing Order and the filed Sealed documents. Estate of Bernard Sherman and the Trustees of the Estate
2020-01-27 Certificate of counsel (attesting to record), (Letter Form) Estate of Bernard Sherman and the Trustees of the Estate
2020-01-27 Appellant's book of authorities, (Book Form), Completed on: 2020-01-27 Estate of Bernard Sherman and the Trustees of the Estate
2020-01-27 Appellant's record, (Book Form), (2 volumes), Volume 2 , Completed on: 2020-01-27 Estate of Bernard Sherman and the Trustees of the Estate
2020-01-27 Appellant's factum, (Book Form), 2 redacted copies rec'd 2020/01/27, Completed on: 2020-01-27 Estate of Bernard Sherman and the Trustees of the Estate
2020-01-17 Discontinuance of motion to extend time, The motion for an extension of time to serve and file the response to the motion to adduce new evidence (filed on January 7, 2020) is considered to be discontinued on the account that the response was subsequently filed within the deadlines as set out in the Rules. Estate of Bernard Sherman and the Trustees of the Estate
2020-01-17 Certificate (on limitations to public access), (Letter Form), Formulaire 23B, (Printed version filed on 2020-01-21) Kevin Donovan
2020-01-17 Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2020-01-21) Kevin Donovan
2020-01-17 Response to motion to extend time, (Book Form), (Included in the response to miscellaneous motion), Completed on: 2020-01-17, (Printed version filed on 2020-01-21) Kevin Donovan
2020-01-17 Response to miscellaneous motion, (Book Form), Completed on: 2020-01-17, (Printed version filed on 2020-01-21) Kevin Donovan
2020-01-17 Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2020-01-21) Kevin Donovan
2020-01-17 Certificate (on limitations to public access), (Letter Form), Formulaire 23A, (Printed version filed on 2020-01-21) Kevin Donovan
2020-01-17 Reply to motion to adduce new evidence, (Book Form), Completed on: 2020-01-17, (Printed version filed on 2020-01-21) Kevin Donovan
2020-01-13 Notice of name, (Letter Form) Attorney General of British Columbia
2020-01-13 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2020-01-13 Attorney General of British Columbia
2020-01-10 Certificate (on limitations to public access), (Letter Form), Form 23B Estate of Bernard Sherman and the Trustees of the Estate
2020-01-10 Response to the motion to adduce new evidence, (Book Form), Completed on: 2020-01-14 Estate of Bernard Sherman and the Trustees of the Estate
2020-01-08 Certificate (on limitations to public access), (Letter Form), Form 23B Estate of Bernard Sherman and the Trustees of the Estate
2020-01-07 Motion to extend time, (Book Form), (Included in the notice of miscellaneous motion), to serve and file the response to the motion to adduce new evidence., Completed on: 2020-01-07 Estate of Bernard Sherman and the Trustees of the Estate
2020-01-07 Notice of miscellaneous motion, (Book Form), Motion to cross-examine the respondent, Kevin Donovan
MISSING: Form 23B (received 2020-01-08), Completed on: 2020-01-20 		Estate of Bernard Sherman and the Trustees of the Estate
2020-01-07 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2020-01-07 Attorney General of Ontario
2019-12-20 Certificate (on limitations to public access), (Letter Form), Form 23B Kevin Donovan
2019-12-20 Certificate (on limitations to public access), (Letter Form), Form 23A Kevin Donovan
2019-12-20 Motion to adduce new evidence, (Book Form), Completed on: 2019-12-20 Kevin Donovan
2019-12-13 Correspondence received from, (Letter Form), Counsel Information Kevin Donovan
2019-12-13 Notice of hearing sent to parties
2019-12-11 Appeal hearing adjourned, (Previously scheduled for March 26, 2020)

The schedule for serving and filing the material is set as follows:

a) Any attorney general intending to intervene under subrule 33(4) of the Rules of the Supreme Court of Canada shall serve and file a notice of intervention respecting constitutional question on or before January 13, 2020.

b) The appellants’ record, factum and book of authorities, if any, shall be served and filed on or before January 27, 2020.

c) 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 February 12, 2020.

d) The appellants and respondent shall serve and file their response(s), if any, to the motions for leave to intervene on or before February 17, 2020.

e) Replies to any responses to the motions for leave to intervene shall be served and filed on or before February 19, 2020.

f) Any attorney general intervening in the appeal under Rule 33(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities, if any, on or before March 12, 2020.

g) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before March 12, 2020.

h) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before March 9, 2020.
2019-12-05 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2019-11-29 Notice of appeal, (Letter Form), Completed on: 2019-12-09 Estate of Bernard Sherman and the Trustees of the Estate
2019-11-29 Notice of constitutional question(s), (Letter Form),
All attorneys general were served on November 29, 2019., Completed on: 2019-12-03 		Estate of Bernard Sherman and the Trustees of the Estate
2019-11-01 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2019-11-01 Judgment on leave sent to the parties
2019-10-31 Judgment of the Court on the application for leave to appeal, The motion for a stay of execution is granted. The motion to expedite the hearing of the appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C65874, 2019 ONCA 376, dated May 8, 2019, is granted.

Abella J. took no part in the judgment.

The schedule for serving and filing materials will be set by the Registrar.
Granted
2019-10-31 Decision on the motion for a stay of execution, See judgment on application.
Granted
2019-10-31 Decision on motion to expedite the application for leave to appeal, See judgment on application.
Granted
2019-09-16 All materials on application for leave submitted to the Judges, for consideration by the Court
2019-09-16 Submission of motion for a stay of execution, for consideration by the Court
2019-09-16 Submission of motion to expedite the application for leave to appeal, for consideration by the Court
2019-08-27 Certificate (on limitations to public access), (Letter Form), 23B Kevin Donovan
2019-08-27 Certificate (on limitations to public access), (Letter Form), 23A Kevin Donovan
2019-08-27 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-08-27 Kevin Donovan
2019-07-25 Certificate (on limitations to public access), (Letter Form), 23B-Motion to Stay Estate of Bernard Sherman and the Trustees of the Estate
2019-07-24 Motion for a stay of execution, (Book Form), 23B and 4 copies missing
All rec'd 2019/07/25, Completed on: 2019-07-25 		Estate of Bernard Sherman and the Trustees of the Estate
2019-06-27 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2019/06/27
2019-06-21 Certificate (on limitations to public access), (Letter Form), 23B Estate of Bernard Sherman and the Trustees of the Estate
2019-06-21 Certificate (on limitations to public access), (Letter Form), 23A Estate of Bernard Sherman and the Trustees of the Estate
2019-06-21 Motion to expedite the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2019-06-21 Estate of Bernard Sherman and the Trustees of the Estate
2019-06-21 Application for leave to appeal, (Book Form), Completed on: 2019-06-21 Estate of Bernard Sherman and the Trustees of the Estate

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

Main parties - Appellants
Name Role Status
Estate of Bernard Sherman and the Trustees of the Estate Appellant Active
Estate of Honey Sherman and the Trustees of the Estate Appellant Active

v.

Main parties - Respondents
Name Role Status
Donovan, Kevin Respondent Active
Toronto Star Newspapers Ltd. Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Ontario Intervener Active
Attorney General of British Columbia Intervener Active
Canadian Civil Liberties Association Intervener Active
Income Security Advocacy Centre Intervener Active
Ad IDEM/Canadian Media Lawyers Association, Postmedia Network Inc., CTV, a Division of Bell Media Inc., Global News, a division of Corus Television Limited Partnership, The Globe and Mail Inc. and Citytv, a division of Rogers Media Inc. Intervener Active
British Columbia Civil Liberties Association Intervener Active
HIV & AIDS Legal Clinic Ontario, HIV Legal Network and Mental Health Legal Committee Intervener Active

Counsel

Party: Estate of Bernard Sherman and the Trustees of the Estate

Counsel
Chantelle Cseh
Elie Roth
Rui Gao
Timothy Youdan
Davies Ward Phillips & Vineberg LLP
155 Wellington Street West
Toronto, Ontario
M5V 3J7
Telephone: (416) 863-0900
FAX: (416) 863-0871
Email: ccseh@dwpv.com
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Estate of Honey Sherman and the Trustees of the Estate

Counsel
Chantelle Cseh
Elie Roth
Rui Gao
Timothy Youdan
Davies Ward Phillips & Vineberg LLP
155 Wellington Street West
Toronto, Ontario
M5V 3J7
Telephone: (416) 863-0900
FAX: (416) 863-0871
Email: ccseh@dwpv.com
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Donovan, Kevin

Counsel
Iris Fischer
Skye A. Sepp
Blake, Cassels & Graydon LLP
199 Bay Street, Suite 4000
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2408
FAX: (416) 863-2653
Email: iris.fischer@blakes.com
Agent
Marlee Olson
Blake, Cassels & Graydon LLP
340 Albert Street
Suite 1750, Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2252
FAX: (613) 788-2247
Email: marlee.olson@blakes.com

Party: Toronto Star Newspapers Ltd.

Counsel
Iris Fischer
Skye A. Sepp
Ellie Marshall
Blake, Cassels & Graydon LLP
199 Bay Street, Suite 4000
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2408
FAX: (416) 863-2653
Email: iris.fischer@blakes.com
Agent
Marlee Olson
Blake, Cassels & Graydon LLP
340 Albert Street
Suite 1750, Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2252
FAX: (613) 788-2247
Email: marlee.olson@blakes.com

Party: Attorney General of Ontario

Counsel
Peter Scrutton
Attorney General of Ontario
Crown Law Office - Constitutional Branch
720 Bay Street, 4th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: peter.scrutton@ontario.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Attorney General of British Columbia

Counsel
Jacqueline D. Hughes
Katherine Webber
Attorney General of British Columbia
865 Hornby Street
Suite 1301
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-4602
FAX: (604) 660-6797
Email: jacqueline.hughes@gov.bc.ca
Agent
Gib van Ert
Olthuis Van Ert
66 Lisgar Street
Ottawa, Ontario
K2P 0C1
Telephone: (613) 408-4297
FAX: (613) 651-0304
Email: gvanert@ovcounsel.com

Party: Canadian Civil Liberties Association

Counsel
Ryder Gilliland
Agatha Wong
DMG Advocates LLP
155 University Avenue
Suite 1230
Toronto, Ontario
M5H 3B7
Telephone: (416) 238-7537
FAX: (647) 689-3062
Email: rgilliland@dmgadvocates.com
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com

Party: Income Security Advocacy Centre

Counsel
Ewa Krajewska
Teagan Markin
Mannu Chowdhury
Borden Ladner Gervais LLP
Bay Adelaide Centre, East Tower
3400-22 Adelaide St. W.
Toronto, Ontario
M5H 4E3
Telephone: (416) 367-6244
FAX: (416) 367-6749
Email: ekrajewska@blg.com
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Ad IDEM/Canadian Media Lawyers Association, Postmedia Network Inc., CTV, a Division of Bell Media Inc., Global News, a division of Corus Television Limited Partnership, The Globe and Mail Inc. and Citytv, a division of Rogers Media Inc.

Counsel
Robert S. Anderson, Q.C.
Ludmila B. Herbst, Q.C.
Erica C. Miller
Farris LLP
700 W Georgia St.
25th Floor
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 661-9372
FAX: (604) 661-9349
Email: randerson@farris.com
Agent
Jeffrey W. Beedell
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com

Party: British Columbia Civil Liberties Association

Counsel
Adam Goldenberg
Kathryn Gullason
McCarthy Tétrault LLP
Suite 5300, Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7821
FAX: (416) 868-0673
Email: agoldenberg@mccarthy.ca
Agent
Darius Bossé
Juristes Power
99, rue Bank
Bureau 701
Ottawa, Ontario
K1P 6B9
Telephone: (613) 702-5566
FAX: (613) 702-5566
Email: DBosse@juristespower.ca

Party: HIV & AIDS Legal Clinic Ontario, HIV Legal Network and Mental Health Legal Committee

Counsel
Khalid Janmohamed
Ryan Peck
HIV & AIDS Legal Clinic Ontario (HALCO)
1400-55 University Avenue
Toronto, Ontario
M5J 2H7
Telephone: (416) 340-7790 Ext: 4045
FAX: (416) 340-7248
Email: janmohak@lao.on.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Summary

Keywords

Judgments and orders - Interlocutory orders - Stay - Privacy - Appellants seeking to have court files pertaining to the administration of the estates of the deceased sealed - Is the sealing order necessary to protect against a serious risk to the important issues engaged in this case, namely the privacy and physical safety of the Affected Individuals? - Is the constitutionally protected right to privacy an important interest recognized at the first stage of the Sierra Club test? - Is there a serious risk to the privacy of the Affected Individuals? - Is physical safety an important interest recognized at the first stage of the Sierra Club test? - Did the Court of Appeal err in concluding that there was insufficient evidence of a serious risk to the physical safety of the Affected Individuals? - Is a sealing order necessary because reasonably alternative measures will not prevent the serious risks to privacy and physical safety? - Do the salutary effects of the sealing order outweigh the deleterious effects, in the context of this non-litigious probate matter?

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.

(Sealing order)

On December 15, 2017, Mr. Barry Sherman and Mrs. Honey Sherman were found murdered in their Toronto home. Their celebrity, wealth and the circumstances of their deaths generated intense publicity. The identity of the murderer or murderers remains unknown. Applications for the issuance of a Certificate of Appointment of Estate Trustee were made to the court. The appellants sought an oral hearing in order to request an order sealing the court file before filing their application. A Protective Order was issued and the estate files were retained in the judge’s Chambers pending further order. In July 2018, Mr. Donovan, a reporter with the Toronto Star, sought access to both estate files. He was advised that by judge’s order, the files were not available to be viewed. In response, Mr. Donovan and the Toronto Star brought two applications seeking a variation or termination of the Protective Order and the full unsealing of the court files.

Lower court rulings

August 2, 2018
Ontario Superior Court of Justice

2018 ONSC 4706, CV-18-00012564-00ES, CV-18-00012565-00ES

Order sealing court files for period of two years pending further order of court
May 8, 2019
Court of Appeal for Ontario

2019 ONCA 376, C65874

Respondent’s appeal allowed
May 17, 2019
Court of Appeal for Ontario

C65874

Order suspending effects of appeal decision pending hearing of motion to stay appeal decision
June 5, 2019
Court of Appeal for Ontario

M50447 (C65874), 2019 ONCA 495

Applicants’ motion for stay granted

Memorandums of argument on application for leave to appeal

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Factums on appeal

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Date modified: 2025-02-27