Supreme Court of Canada

Cases

SCC Case Information

Docket

34845

Ted Opitz, et al. v. Borys Wrzesnewskyj, et al.

(Ontario) (Civil) (As of Right)

(Sealing order) (Court file contains information that is not available for inspection by the public)

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
2012-07-26 Transcription 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