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37323

James Chadwick Rankin, carrying on business as Rankin's Garage & Sales v.

J.J. by his Litigation Guardian, J.A.J., et al.

(Ontario) (Criminal) (By Leave)

(Publication ban in case) (Publication ban on party) (Certain information not available to
the public)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily
unanimous.

Proceedings
Filed By
Date Proceeding (if
applicable)

2019- Appeal closed

11-19

2018- Correspondence received from, (Letter Form), Maia L. Bent. Parties have J.J. by his
11-22 reached an agreement on costs and therefore, the respondents will not Litigation
be filing a motion under rules 76 and/or 81. Guardian,
J.A.J.

2018- Correspondence (sent by the Court) to, the parties. Taxation file is put on
11-05 hold.

2018- Reply to the bill of costs, (Letter Form), Revised version served and filed James
10-17 electronically on 2018-10-17 and filed in paper on 2018-10-18., Chadwick
Completed on: 2018-10-17 Rankin,
carrying on
business as
Rankin's
Garage &
Sales

2018- Response to the bill of costs, (Letter Form), Completed on: 2018-10-15 J.J. by his
10-15 Litigation
Guardian,
J.A.J.
2018- Correspondence received from, (Letter Form), Owen M. Rees. Mr. J.J. by his
10-11 Benjamin Grant is agent for 3 of the respondents. Litigation
Guardian,
J.A.J.

2018- Bill of costs, (Letter Form), Completed on: 2018-10-04 James

10-04 Chadwick
Rankin,
carrying on
business as
Rankin's
Garage &
Sales

2018- Formal judgment sent to the registrar of the court of appeal and all
05-14 parties

2018- Judgment on appeal and notice of deposit of judgment sent to all parties
05-14

2018- Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row, The

05-11 appeal from the judgment of the Court of Appeal for Ontario, Number
C59523, 2016 ONCA 718, dated October 3, 2016, heard on October 5,
2017, is allowed and the claim against the appellant is dismissed with
costs in this Court and in the courts below. Gascon and Brown JJ. dissent.
Allowed, costs in this Court and courts below

2017- Transcript received, 113 pages

10-20

2017- Judgment reserved OR rendered with reasons to follow

10-05

2017- Respondent's condensed book, (Book Form), Submitted in Court (14 C.C.
10-05 copies)

2017- Respondent's condensed book, (Book Form), Submitted in Court (14 J.J. by his
10-05 copies) Litigation
Guardian,
J.A.J.

2017- Appellant's condensed book, (Book Form), Submitted in Court (14 copies) James
10-05 Chadwick
Rankin,
carrying on
business as
Rankin's
Garage &
Sales

2017- General proceeding, Questionnaire following the hearing concerning the C.C.
10-05 publication ban
2017- General proceeding, Questionnaire following the hearing concerning the J.J. by his
10-05 publication ban Litigation
Guardian,
J.A.J.

2017- General proceeding, Questionnaire following the hearing concerning the James
10-05 publication ban Chadwick
Rankin,
carrying on
business as
Rankin's
Garage &
Sales

2017- Hearing of the appeal, 2017-10-05, CJ Abe Mo Ka Wa Ga Côt Br Row

10-05 Judgment reserved

2017- Supplemental document, (Letter Form), Judgment- McErlean v. Sarel et James

10-03 al. 61 O.R. (2d) 396 [1987] O.J. No. 873 (to be included in the Chadwick
Condensed Book for oral argument) Rankin,
carrying on
, Completed on: 2017-10-03 business as
Rankin's
Garage &
Sales

2017- Notice of appearance, Mary Birdsell, Bryn Gray and Carole Piovesan will Justice for
09-25 be present Children and
Youth

2017- Correspondence received from, Change in request for reserved seats to 6 James
09-25 Chadwick
Rankin,
carrying on
business as
Rankin's
Garage &
Sales

2017- Notice of appearance, Jennifer Chapman and John Friendly will be present C.C.
09-25

2017- Notice of appearance, Gavin MacKenzie and Brooke MacKenzie will be Ontario Trial
09-22 present Lawyers
Association

2017- Correspondence received from, Requesting 4 tickets for reserved tickets James
09-22 Chadwick
Rankin,
carrying on
business as
Rankin's
 Garage &
Sales

2017- Notice of appearance, Maia Bent, Cynthia Kuehl, Alfonso Campos Reales J.J. by his
09-22 will appear Litigation
Guardian,
J.A.J.

2017- Intervener's book of authorities, (Book Form), Completed on: 2017-09-22 Justice for
09-21 Children and
Youth

2017- Intervener's factum, (Book Form), Completed on: 2017-09-22 Justice for
09-21 Children and
Youth

2017- Correspondence received from, 5 reserved seats requested J.J. by his

09-20 Litigation
Guardian,
J.A.J.

2017- Notice of appearance, David Young, Kevin Bridel, Marie-France Major and James
09-20 Cory Giordano will be present at the hearing. Chadwick
Rankin,
carrying on
business as
Rankin's
Garage &
Sales

2017- Intervener's factum, (Book Form), Completed on: 2017-09-07 Ontario Trial
09-07 Lawyers
Association

2017- Order on motion to extend time, (by WAGNER J.)

08-31

2017- Order on motion for leave to intervene, (by WAGNER J.)

08-31

2017- Decision on motion to extend time, See order on motion for leave to
08-31 intervene dated August 31, 2017., Wa
Granted

2017- Decision on the motion for leave to intervene, Wa,

08-31 UPON APPLICATION by Justice for Children and Youth for an extension of
time to serve and file a motion for leave to intervene and for leave to
intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time to serve and file a motion for leave
to intervene is granted.
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 on or before September 21, 2017.
The said intervener is granted permission to present oral argument not
exceeding five (5) minutes at the hearing of the appeal.
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 respondents any additional
disbursements resulting from its intervention.
Granted

2017- Submission of motion to extend time, Wa

08-31

2017- Submission of motion for leave to intervene, Wa

08-31

2017- Reply to the motion for leave to intervene, (Book Form), Completed on: Justice for
08-30 2017-08-30 Children and
Youth

2017- Response to the motion for leave to intervene, (Letter Form), Completed James
08-23 on: 2017-08-23 Chadwick
Rankin,
carrying on
business as
Rankin's
Garage &
Sales

2017- Response to the motion for leave to intervene, (Letter Form), Completed C.C.
08-23 on: 2017-08-23

2017- Response to the motion for leave to intervene, (Letter Form), Completed J.J. by his
08-22 on: 2017-08-23 Litigation
Guardian,
J.A.J.

2017- Notice of name Justice for

08-21 Children and
Youth

2017- Motion to extend time, (Book Form), (Included in the motion for leave to Justice for
08-21 intervene), Completed on: 2017-08-21 Children and
Youth

2017- Motion for leave to intervene, (Book Form), Completed on: 2017-08-21 Justice for
08-21 Children and
Youth

2017- Appeal hearing scheduled, 2017-10-05

08-21 Judgment reserved
2017- Notice of hearing sent to parties
08-18

2017- Certificate (on limitations to public access), (Letter Form), 23B C.C.
08-17

2017- Appeal perfected for hearing

08-17

2017- Certificate (on limitations to public access), (Letter Form), 23A C.C.
08-16

2017- Respondent's factum, (Book Form), Completed on: 2017-08-16 C.C.

08-16

2017- Certificate of counsel (attesting to record), (Letter Form) J.J. by his

07-27 Litigation
Guardian,
J.A.J.

2017- Certificate (on limitations to public access), (Letter Form), 23B J.J. by his
07-27 Litigation
Guardian,
J.A.J.

2017- Certificate (on limitations to public access), (Letter Form), 23A J.J. by his
07-27 Litigation
Guardian,
J.A.J.

2017- Respondent's book of authorities, (Book Form), Completed on: 2017-07- J.J. by his
07-27 27 Litigation
Guardian,
J.A.J.

2017- Respondent's record, (Book Form), Completed on: 2017-07-27 J.J. by his
07-27 Litigation
Guardian,
J.A.J.

2017- Respondent's factum, (Book Form), Completed on: 2017-07-27 J.J. by his
07-27 Litigation
Guardian,
J.A.J.

2017- Order on motion for leave to intervene, (By Justice Wagner)

07-27

2017- Decision on the motion for leave to intervene, Wa, UPON APPLICATION by
07-27 the Ontario Trial Lawyers Association 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 on or before September 7, 2017.
The said intervener is granted permission to present oral argument not
exceeding five (5) minutes at the hearing of the appeal.
The appellant’s request to serve and file a factum in reply to the
intervener’s factum is denied.
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 respondents any additional
disbursements resulting from its intervention.
Granted

2017- Submission of motion for leave to intervene, Wa

07-27

2017- Response to the motion for leave to intervene, (Letter Form), Completed J.J. by his
07-14 on: 2017-07-14 Litigation
Guardian,
J.A.J.

2017- Response to the motion for leave to intervene, (Letter Form), Completed James
07-13 on: 2017-07-13 Chadwick
Rankin,
carrying on
business as
Rankin's
Garage &
Sales

2017- Correspondence received from, (Letter Form), Caroline Etter by email; Ontario Trial
07-06 Motion does not contain any sensitive information. Lawyers
Association

2017- Notice of name, (Letter Form) Ontario Trial

07-04 Lawyers
Association

2017- Motion for leave to intervene, (Book Form), Completed on: 2017-07-04 Ontario Trial
07-04 Lawyers
Association

2017- Order on motion to add or substitute parties, (BY MR. JUSTICE ROWE)
06-21

2017- Decision on motion to add or substitute parties, Row, UPON APPLICATION

06-21 by the Appellant for an order pursuant to Rules 6 and 18(5) of the Rules
of the Supreme Court of Canada, adding C.C. as a Respondent Party to
the above appeal and extending the deadline to serve and file the
Appellant’s documents on C.C. to June 7, 2017;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
 The motion is granted and the style of cause shall be modified to reflect
this change.
The factum, record and book of authorities of C.C. shall be served and
filed no later than August 16, 2017.
Granted

2017- Submission of motion to add or substitute parties, Row

06-21

2017- Motion to add or substitute parties, (Letter Form), Completed on: 2017- James
06-07 06-07 Chadwick
Rankin,
carrying on
business as
Rankin's
Garage &
Sales

2017- Certificate (on limitations to public access), Form 23B James

06-05 Chadwick
Rankin,
carrying on
business as
Rankin's
Garage &
Sales

2017- Certificate (on limitations to public access), Form 23A James

06-05 Chadwick
Rankin,
carrying on
business as
Rankin's
Garage &
Sales

2017- Certificate of counsel (attesting to record) James

06-05 Chadwick
Rankin,
carrying on
business as
Rankin's
Garage &
Sales

2017- Appellant's book of authorities, (Book Form), 2 copies, Completed on: James
06-05 2017-06-05 Chadwick
Rankin,
carrying on
business as
Rankin's
 Garage &
Sales

2017- Appellant's record, (Book Form), (4 volumes), 20 copies of vol. 1 and 2 James
06-05 copies of vol. 2 to 4, Completed on: 2017-06-05 Chadwick
Rankin,
carrying on
business as
Rankin's
Garage &
Sales

2017- Appellant's factum, (Book Form), Completed on: 2017-06-05 James

06-05 Chadwick
Rankin,
carrying on
business as
Rankin's
Garage &
Sales

2017- Notice of appeal, (Letter Form), Completed on: 2017-04-10, (Electronic James
04-10 version filed on 2017-04-10) Chadwick
Rankin,
carrying on
business as
Rankin's
Garage &
Sales

2017- Letter advising the parties of tentative hearing date and filing deadlines
03-23 (Leave granted)

2017- Copy of formal judgment sent to Registrar of the Court of Appeal and all
03-10 parties

2017- Judgment on leave sent to the parties

03-10

2017- Judgment of the Court on the application for leave to appeal, The
03-09 application for leave to appeal from the judgment of the Court of Appeal
for Ontario, Number C59523, 2016 ONCA 718, dated October 3, 2016, is
granted with costs in the cause.
Granted, with costs in the cause

2017- All materials on application for leave submitted to the Judges, CJ Wa Ga,
02-06 for consideration by the Court

2017- Applicant's reply to respondent's argument, (Book Form), Completed on: James
01-23 2017-01-23 Chadwick
Rankin,
carrying on
business as
 Rankin's
Garage &
Sales

2017- Certificate (on limitations to public access) J.J. by his

01-16 Litigation
Guardian,
J.A.J.

2017- Respondent's response on the application for leave to appeal, (Book J.J. by his
01-16 Form), Redacted copy received on 2017-02-21 (2 copies), Completed on: Litigation
2017-01-16 Guardian,
J.A.J.

2016- Letter acknowledging receipt of a complete application for leave to

12-01 appeal, File opened on 2016-12-01

2016- Notice of name James

11-29 Chadwick
Rankin,
carrying on
business as
Rankin's
Garage &
Sales

2016- Certificate (on limitations to public access) James

11-29 Chadwick
Rankin,
carrying on
business as
Rankin's
Garage &
Sales

2016- Application for leave to appeal, (Book Form), Redacted copy received on James
11-29 2017-02-15 (2 copies), Completed on: 2016-11-29 Chadwick
Rankin,
carrying on
business as
Rankin's
Garage &
Sales

Date modified: 2018-05-04