AG David Lametti could be SNC-Lavalin's last hope to avoid prosecution
Engineering firm lost its bid for judicial review of federal prosecutor's decision
Mark Gollom· CBC News·
If the corruption and fraud case against SNC-Lavalin proceeds to trial, then David Lametti may be the only person in Canada who can save the Montreal-based engineering firm from criminal prosecution. (Adrian Wyld/Canadian Press)
If the corruption and fraud case against SNC-Lavalin proceeds to trial, then David Lametti may be the only person in Canada who can save the Montreal-based engineering firm from criminal prosecution.
As attorney general, Lametti has the power to decide whether the company should be able to access a deferred prosecution agreement (DPA), which would stay those criminal proceedings.
And after losing its bid on Friday for a judicial review of the Director of Public Prosecution's decision to proceed with criminal prosecution of the company on corruption charges instead of agreeing to a DPA, the company's attention will now focus on Lametti.
The issue of SNC-Lavalin and a DPA is at the centre of the current Liberal government political scandal. Lametti's predecessor Jody Wilson-Raybould said that when she was attorney general, she had closed the book on that option, refusing to overrule Director of Public Prosecutions Kathleen Roussel's decision that a DPA wouldn't be appropriate in SNC-Lavalin's case.
Lametti still considering options
However Lametti, despite the ongoing controversy, has indicated he hasn't ruled out that option. But he also hasn't indicated when a decision may come, or whether he is open to reconsider the case, something that had been suggested to Wilson-Raybould by officials in the PMO.
SNC-Lavalin faces charges of fraud and corruption in connection with nearly $48 million in payments made to Libyan government officials between 2001 and 2011. (CBC)
On Friday, federal Judge Catherine Kane ruled against SNC-Lavalin's bid to seek a DPA and avoid criminal proceedings, writing that "prosecutorial discretion is not subject to judicial review, except for abuse of power."
SNC-Lavalin faces charges of fraud and corruption in connection with millions of dollars of payments made to Libyan government officials between 2001 and 2011. The case is currently in the preliminary hearing stage. A judge is expected to rule soon on whether it should proceed to trial.
If that were to happen, the only path to avoid prosecution would be through Lametti, who as attorney general oversees the director of public prosecutions. He can issue directives on any specific prosecution, meaning he could direct federal prosecutors to negotiate a deferred prosecution agreement.
These agreements allow companies accused of certain economic offences — such as bribery, fraud and corruption — to be spared criminal charges.Instead, they can could admit wrongdoing and pay a financial penalty.
Concern over jobs
In the case of SNC-Lavalin, which employs nearly 9,000 Canadians across the country, the concern has been that a successful criminal prosecution against the company could lead to it being banned from bidding on federal contracts for 10 years. That could cost many jobs and damage the economy, particularly in Quebec.
It's not known why Roussel turned down SNC-Lavalin's request for a DPA. A letter to the company only said that after a "detailed review of all the material submitted," it was determined that a "remediation agreement is not appropriate in this case."
There are a number of factors that Lametti might consider when deciding whether SNC-Lavalin qualifies for a DPA. Those include:
The nature and gravity of the act and its impact on any victim.
Whether the company has taken disciplinary action.
Whether the organization has made reparations.
During her testimony at the Commons justice committee, which is probing the SNC-Lavalin scandal, Wilson-Raybould said, despite her decision, and after insisting that the file was closed, she was pressured inappropriately by senior government officials, including Prime Minister Justin Trudeau, to intervene in the case.
'Fresh eyes'
Trudeau has denied any inappropriate pressure. He also said that it's his belief that when it comes making a decision on a DPA, that can be taken by the attorney general up until the very last minute of a trial.
Trudeau's former principal secretary Gerald Butts, in his testimony before the justice committee, said according to the briefings he had received, the attorney general was obligated to bring "fresh eyes" every time new evidence arose, up until a verdict on the case is rendered.
Craig Martin Scott, a York University law professor, agreed that there is nothing to preclude the attorney general from intervening at any point, up until the verdict. But it may be impractical for the new attorney general, or any attorney general, to keep abreast of a case for that period of time, he said.
"To say that the AG has the same kind of active duty to constantly be keeping in mind a file in order to determine [do they] intervene with the prosecutors, that just doesn't follow.
"No system can work with the AG constantly being on watch over multiple files as to whether they're going to intervene."
Suggestions by Trudeau and Butts that the file remains open just invited the kind of pressure alleged by Wilson-Raybould, he said.
"It means that people can keep taking a run at the AG behind the scenes through the government cabinet structure. So it just does not make policy sense and it makes doesn't make practical sense to say the AG has the same continual duty to continually keep in mind the case as the prosecutors."
'Almost condescending'
Butts also testified that senior government officials raised the idea with Wilson-Raybould to seek external legal advice on the matter, suggesting seeking out someone like former Supreme Court Justice Beverley McLaughlin.
"What exactly did they think they were going to do?" said Scott. "Get some kind of named jurist to come in and tutor the AG and her legal team? That felt really almost condescending."
Jody Wilson-Raybould testified that when she was attorney general, she was pressured by top government officials, including the prime minister, to step in and resolve the corruption and fraud case against SNC-Lavalin Group. (Sean Kilpatrick/Canadian Press)
University of British Columbia assistant professor Andrew Martin, who specializes in legal ethics, said that was just a way of the government saying: "I'm going to bug you, until you say what I want."
"The only reason to suggest to get an outside opinion is that she's wrong."
Richard Leblanc, professor of governance, law and ethics at York University, told CBC's Salimah Shivji, that the government should stop emphasizing potential job losses as a reason for a DPA, and instead focus on how SNC-Lavalin has changed.
"That obsession with the jobs argument is not the path forward. The path forward is to focus on the reforms that have been undertaken and focus on that as opposed to partisan interests."
About the Author
Mark Gollom
Reporter
Mark Gollom is a Toronto-based reporter with CBC News. He covers Canadian and U.S. politics and current affairs.
SNC-LAVALIN GROUP INC. et al. v. THE DIRECTOR OF PUBLIC PROSECUTIONS
Proceeding Category :
Applications
Nature :
S. 18.1 Application for Judicial Review
Type of Action :
Non-Action
79 records found for court number T-1843-18
Doc
Date Filed
Office
Recorded Entry Summary
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2019-03-08
Ottawa
Acknowledgment of Receipt received from parties (via e-mail) with respect to Doc. No. 32 + 33 placed on file on 08-MAR-2019
33
2019-03-08
Ottawa
Traduction certifiée conforme (texte français) Ordonnance et Motifs rendus le 08-MAR-2019 par Madame le juge Kane déposée le 08-MAR-2019 en vertu de l'article 20 de la Loi sur les langues officielles Certificat de la traduction de l'ordonnance inscrit(e) dans le livre J. & O., volume 1401 page(s) 475 - 475 et placé au dossier.
32
2019-03-08
Ottawa
Reasons (Order and Reasons) dated 08-MAR-2019 rendered by The Honourable Madam Justice Kane Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 11 Result: "THIS COURT ORDERS that: 1. The Application for Judicial Review is struck without leave to amend. 2. The Respondent shall have its costs on this motion." Filed on 08-MAR-2019 copies sent to parties Final Decision Certificate of Order entered in J. & O. Book, volume 1401 page(s) 474 - 474
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2019-03-01
Ottawa
Request for Copy of Audio Recording of a Federal Court Hearing from Canadian Broadcasting Corporation received on 01-MAR-2019
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2019-02-12
Montréal
Lettre de la part de Me Jean-Sébastien Danis en date du 12-FEV-2019 demandant copie de ceratins documents à la Cour. reçue le 12-FEV-2019
-
2019-02-07
Montréal
Lettre envoyée du greffe le 07-FEV-2019 à Johanne Lopez suite à la directive de Mme la juge Kane et accusé de reception du CD de l' audition du 1er février 2019. Copie placée au dossier Copie placée au dossier.
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2019-02-06
Montréal
Written directions received from the Court: Alexandra Steele, Prothonotary dated 06-FEB-2019 directing that "FURTHER to the case management conference held on February 1, 2019, the parties shall not be required to take any steps in this proceeding until this Court has released its ruling on the Respondent's motion to strike the Application. If, as a result of the Court's ruling, this matter is to move forward, the parties shall be required to prepare and submit to the Court a draft timetable for the next steps to be completed in this proceeding and leading up to a hearing (...) The parties shall be dispensed from filing a requisition under Rule 314 of the Federal Courts Rules upon filing of the letter requesting a hearing date (...)" placed on file on 06-FEB-2019 Confirmed in writing to the party(ies)
-
2019-02-05
Montréal
Demande de la part Johanne Lopez, Davies Ward Philips & Vineberg Demande de copie d'un enregistrement audio-numérique de la Cour fédérale le 1 février 2018 avec madame la juge Kane à Montréal. placée au dossier le 05-FEV-2019
-
2019-02-01
Montréal
Montréal 01-FEB-2019 BEFORE Alexandra Steele, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: The Court will issue an order shortly, based on the discussions held during the present case management conference. held by way of Conference Call Duration per day: 01-FEB-2019 from 15:30 to 16:35 Courtroom : Courtroom 241 - Montréal Court Registrar: Sonya Brault Total Duration: 1h 5min Appearances: Mr William McNamara/ Mr Grant Worden/ Ms Emma Loignon-Giroux 416-865-7380/ 416-868-5700/ 514-868-5700 representing the Applicants Mr Andrew J. Lenz/ Mr David Migicovsky 613-566-2837/ 613-566-2749 representing the Respondents Comments: Further to the instructions of the Court (Madam Prothonotary Alexandra Steele), this case management conference was not recorded using the SEAN/DARS or TASCAM audio recording units. Minutes of Hearing entered in Vol. 1016 page(s) 307 - 311 Abstract of Hearing placed on file
-
2019-02-01
Montréal
Montréal 01-FEB-2019 BEFORE The Honourable Madam Justice Kane Language: E Before the Court: Motion Doc. No. 11 on behalf of Respondent to strike the Applicants' Notice of Application Result of Hearing: Matter reserved held in Court Senior Usher: Benoît Mondion Duration per day: 01-FEB-2019 from 09:31 to 15:08 Courtroom : Courtroom 334 - Montréal Court Registrar: Rola Chedid Total Duration: 5h37min Appearances: Messrs. William McNamara and Grant Worden and Ms. Emma Loignon-Giroux 514.868.5622; 514.865.7698; 514.868.5614 representing Applicants Messrs. David Migicovsky and Andrew Lenz 613.566.2833; 613.566.2842 representing Respondent Comments: Digital Audio Recording System used Z006681 Minutes of Hearing entered in Vol. 1016 page(s) 22 - 29 Abstract of Hearing placed on file
-
2019-02-01
Montréal
Annotated Supplementary Book of Authorities on behalf of the Applicants with respect to the Respondent's Motion document 11 one copy for the Court (Kane, J.), one copy stored in Ottawa received at hearing on 01-FEB-2019
-
2019-02-01
Montréal
Annotated Supplementary Book of Authorities, on behalf of the Respondent, with respect to her Motion document 11. One copy to the Court (Kane, J.) one copy stored in Ottawa received at hearing on 01-FEB-2019
-
2019-01-31
Montréal
Supplementary Authorities consisting of 1 volume(s) on behalf of the Applicants with proof of service upon all parties on 31-JAN-2019 received on 31-JAN-2019 Sent directly to Presiding Judge
-
2019-01-31
Montréal
Supplementary Authorities consisting of 1 volume(s) on behalf of Respondent with proof of service upon all parties on 31-JAN-2019 received on 31-JAN-2019 Sent directly to Presiding Judge
-
2019-01-30
Montréal
Letter from Mr William McNamara, Counsel for the Applicants, dated 30-JAN-2019 writing further to the Court's Direction dated January 18, 2019 and asking that the present letter be brought to the attention of Madam Prothonotary Alexandra Steele (...) indicating that Counsel for the Applicants have provided Counsel for the Respondent with a draft timetable for their comments (...) indicating that the parties appear to disagree over scheduling discussions with regard to the steps going ahead on the merits in this matter (...); with proof of service upon all parties on 30-JAN-2019 received on 30-JAN-2019
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2019-01-25
Toronto
Memorandum to file from Toronto dated 25-JAN-2019 Responding Record doc 30, Book of Authorities doc id 62 copies distributed as follows: Original and Judge's copy to OTT, Local office copy sent to MTL placed on file.
31
2019-01-25
Toronto
Solicitor's certificate of service on behalf of W. Grant Worden confirming service of doc 30, Book of Authorities upon Respondent by email on consent on 25-JAN-2019 filed on 25-JAN-2019
-
2019-01-25
Toronto
Book of Authorities consisting of 2 volume(s) on behalf of Applicant received on 25-JAN-2019
30
2019-01-25
Toronto
Motion Record in response to Motion Doc. No. 11 containing the following original document(s): 29 Number of copies received: 3 on behalf of Applicant filed on 25-JAN-2019
29
2019-01-25
Toronto
Written Representations contained within a Motion Record on behalf of Applicant concerning Motion Doc. No. 11 filed on 25-JAN-2019
-
2019-01-25
Montréal
Covering letter from Mr Grant Worden, Counsel for the Applicants, dated 22-JAN-2019 concerning Doc. Nos. 27 28 placed on file on 25-JAN-2019
28
2019-01-22
Montréal
Solicitor's certificate of service on behalf of W. Grant Worden confirming service of the PUBLIC REDACTED Version of the Applicants' Motion Record for a Confidentiality order (2 Volumes) (Doc.# 27) upon Counsel for the Respondents by email (with Consent - Doc.# 20) on 22-JAN-2019 filed on 22-JAN-2019
27
2019-01-22
Montréal
Motion Record containing the following original document(s): 23 24 25 26 Number of copies received: 3 on behalf of the Applicants (PUBLIC - REDACTED Version) filed on 22-JAN-2019
26
2019-01-22
Montréal
Written Representations (PUBLIC - REDACTED) contained within a Motion Record on behalf of the Applicants concerning Motion Doc. No. 23 filed on 22-JAN-2019
25
2019-01-22
Montréal
Affidavit of Affidavit of Diane Zimmerman (PUBLIC - REDACTED Version) sworn on 18-JAN-2019 contained within a Motion Record on behalf of the Applicants in support of Motion Doc. No. 23 with Exhibits "A" to "D"; filed on 22-JAN-2019
24
2019-01-22
Montréal
Affidavit of Erik Ryan (PUBLIC - REDACTED Version) sworn on 18-JAN-2019 contained within a Motion Record on behalf of the Applicants in support of Motion Doc. No. 23 with Exhibits "A" to "N"; filed on 22-JAN-2019
23
2019-01-22
Montréal
Notice of Motion (PUBLIC - REDACTED Version) contained within a Motion Record on behalf of the Applicants returnable (but no hearing date indicated at this time) for an Order that the Respondent's R.318 material (transmitted), be maintained under confidential seal pursuant to Rule 151 of the Federal Courts Rules ("Rules") until such time as the confidential seal is either removed or varied by direction or order of this Court or if the material otherwise becomes publicly available; that the Affidavit of Erik Ryan sworn on January 18, 2019, also be kept under confidential pursuant to R.151; fo an order that this motion be heard in camera pursuant to Rule 29(2) - in the alternative, for an order that the evidence and submissions referring to the Respondent's R.318 material be heard in camera; costs of this motion; (...); Mr William McNamara, Tel.: 514-868-5622/ 416-865-7988 filed on 22-JAN-2019
-
2019-01-18
Montréal
Acknowledgment of Receipt received from all parties with respect to the Court's Direction issued on January 18, 2019; placed on file on 18-JAN-2019
-
2019-01-18
Montréal
Written directions received from the Court: Alexandra Steele, Prothonotary dated 18-JAN-2019 directing that " (...) the parties shall submit to the Court a proposed agenda for the next case management conference, and indicate whether a proposed step or issue is contested, by no later than January 30, 2019." placed on file on 18-JAN-2019 Confirmed in writing to the party(ies)
-
2019-01-18
Montréal
Acknowledgment of Receipt received from all parties with respect to the Court Order rendered on January 18, 2019 (Doc.# 22) placed on file on 18-JAN-2019
22
2019-01-18
Montréal
Order dated 18-JAN-2019 rendered by Alexandra Steele, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Order dated 18-DEC-2018 Result: " (...) THIS COURT ORDERS that: 1. The Applicants are permitted to serve and file, by no later than January 18, 2019, a confidential version of their affidavit, exhibits and written representations, which shall form part of their motion record in support of a motion for a confidentiality order made pursuant to paragraph 4 of the Order of December 18, 2018. 2. The Registry is directed to accept for filing the motion record of the Applicants containing documents under seal. 3. Upon filing by the Applicants of a motion for a confidentiality order pursuant to paragraph 1 of this Order, the Registry shall further maintain under confidential seal the material transmitted by the Director of Public Prosecutions on January 7, 2019 pursuant to Rule 318 and shall not make it publicly available until such time as the confidential seal is either removed or varied by direction or order of this Court. The last part of paragraph 2c) of the Order of December 18, 2018 shall apply in the absence of filing of such a motion by the Applicants. 4. The Applicants shall, by no later than January 22, 2019, serve and file a public version of their affidavit, exhibits and written submissions relating to their motion for a confidentiality order, from which only the information required to be treated as confidential shall have been redacted. 5. The timetable provided in paragraphs 5 and 6 of the Order of December 18, 2018 for the service of Affidavits under Rules 306 and 307 is stayed pending the Court's further order or directions. 6. All other applicable provisions of the Order of December 18, 2018 shall remain in effect." Filed on 18-JAN-2019 entered in J. & O. Book, volume 1397 page(s) 252 - 254 Interlocutory Decision
21
2019-01-18
Toronto
Solicitor's certificate of service on behalf of W.Grant Worden confirming service of Applicants' Motion Record for a Confidentiality Order (2 volumes) (Returnable February 1, 2019) and Book of Authorities upon Respondent by email (electronic service on consent) on 18-JAN-2019 filed on 18-JAN-2019
20
2019-01-18
Toronto
Consent on behalf of Respondent to Electronic Service of all documents that does not require to be served personally... filed on 18-JAN-2019
-
2019-01-18
Toronto
Book of Authorities consisting of 1 volume(s) on behalf of Applicant received on 18-JAN-2019 Sent directly to Presiding Judge
19
2019-01-18
Toronto
Sealed envelope pursuant to Court Order dated January 18, 2019 and Rule 151 of the Federal Courts Rules on behalf of Applicant purporting to contain Notice of Motion (Doc 18), two supporting affidavits and Written Representations (2 volume set) Filed on 18-JAN-2019
18
2019-01-18
Toronto
Confidential Notice of Motion (contained in sealed envelope) contained within a Motion Record on behalf of Applicant returnable at Special Sitting in Montréal on 01-FEB-2019 to begin at 09:30 for an Order for Confidentiality pursuant to Rule 151 of the Federal Courts Rules and such further relief filed on 18-JAN-2019
-
2019-01-18
Montréal
Montréal 18-JAN-2019 BEFORE Alexandra Steele, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: The Court (Madam Prothonotary Alexandra Steele), will issue an order shortly, pursuant to the issues discussed during the present case management conference (CMC). held by way of Conference Call Duration per day: 18-JAN-2019 from 11:03 to 12:13 Courtroom : Courtroom 241 - Montréal Court Registrar: Sonya Brault Total Duration: 1h 10min Appearances: Mr William McNamara 416-865-7988 representing the Applicants Mr Grant Worden 416-865-7698 representing the Applicants Ms Emma Loignon-Giroux 514-868-5614 representing the Applicants Mr Andrew J. Lenz 613-566-2842 representing Respondent Mr David Migicovsky 613-566-2833 representing Respondent Comments: Further to the instructions of the Court, this Case Management Conference was not recorded using the SEAN/DARS or TASCAM audio recording units. Minutes of Hearing entered in Vol. 1015 page(s) 126 - 128 Abstract of Hearing placed on file
-
2019-01-17
Montréal
Written directions received from the Court: Alexandra Steele, Prothonotary dated 17-JAN-2019 directing that "The Court is in receipt of the Applicant's request that the case management conference be held in camera. The Court fails to see what confidential information, if any, will be disclosed during the case management conference. This conference was convened on the basis that the parties wanted to address scheduling issues surrounding the request for directions under Rule 318(3). The Applicant has also indicated it intends to imminently file its motion under Rules 151 and 152 and seeks directions as to sealing its affidavit and written submissions. These issues can also be addressed without disclosure of the actual contents of the documents. If the Court determines during the case management conference that there is a need for confidentiality measures, it will take the appropriate measures at that time. The Applicant's request for an in camera hearing is consequently denied. Arrangements for the case management conference have been made to ensure the best use of the Court's limited resources, as well as the resources of the parties, and in fairness to both parties. The Applicant's request to attend in person is also denied." placed on file on 17-JAN-2019 Confirmed in writing to the party(ies)
-
2019-01-17
Montréal
Letter from Mr Grant Worden, Counsel for the Applicants, dated 16-JAN-2019 asking that this letter be brought to the attention of Madam Prothonotary Alexandra Steele and seeking directions regarding the filing of the Applicants' motion pursuant to RUles 151/152 (FCR) to maintain the documents that the Respondent transmitted to the Court Registry on January 7, 2019 pursuant to Rule 318, filed under seal (...); with proof of service upon all parties on 17-JAN-2019 received on 17-JAN-2019
-
2019-01-17
Montréal
Letter from Mr Andrew J. Lenz, Counsel for the Respondent, dated 17-JAN-2019 writing further to the Court's Direction dated January 16, 2019 and asking that this letter and enclosures be brought to the attention of Madam Prothonotary Alexandra Steele (...) (Enclosed are the following: a copy of the Motion Record of the Respondent, a copy of correspondence to Counsel for the Applicants, dated January 15, 2019 and a copy of case law: Forner v. PIPSC, 2016 FCA 35); with proof of service upon all parties on 17-JAN-2019 received on 17-JAN-2019
-
2019-01-16
Montréal
Letter sent by Registry on 16-JAN-2019 to all parties confirming that a Case Management Conference will take place on Friday, January 18, 2019, at 11:00 a.m. (EST), by way of telephone conference and providing the parties with the call-in information; (Sent by both email and fax); Copy placed on file.
-
2019-01-16
Montréal
Oral directions received from the Court: Alexandra Steele, Prothonotary dated 16-JAN-2019 directing that The Court is in receipt of the letters from counsel for the Applicant and from counsel for the Respondent received on January 15, 2019. The Court understands that the parties have been unable to resolve objections made under Rule 318(2) and that there is a dispute over the procedure to be suggested to the Court to resolve the objections. At the request of the parties, the Court schedules a case management conference to be held by teleconference on January 17, 2019 at 1:00 pm (ET) to address this issue. The Court has the benefit of the Applicant's suggested procedure for making submissions on the objections, but not the Respondent's suggested procedure. Accordingly, the Respondent is directed to provide the Court with the procedure it suggests in advance of the case management conference, and in any event by no later than 10:00 am on January 17, 2019. placed on file on 16-JAN-2019 Confirmed in writing to the party(ies)
-
2019-01-15
Montréal
Letter from Applicant dated 15-JAN-2019 writing further to Me Lenz's letter of today's date and requesting a case management conference at the earliest convenience of the Court. received on 15-JAN-2019
-
2019-01-15
Montréal
Letter from Respondent dated 15-JAN-2019 in response to letter from Applicants dated January 14, 2019, and requesting a case managment conference. received on 15-JAN-2019
-
2019-01-15
Montréal
Letter from Applicant dated 14-JAN-2019 concerning the objection to R.317 and proposing that this motion be heard at on February 1, 2019 after the conclusion of the hearing of its motion to strike. received on 15-JAN-2019
17
2019-01-08
Ottawa
Solicitor's certificate of service on behalf of Andrew Lenz confirming service of Sealed Envelope purporting to contain the Record of Documentation of the Director of Public Prosecutions upon Applicants by email on 08-JAN-2019 filed on 08-JAN-2019
16
2019-01-08
Ottawa
Solicitor's certificate of service on behalf of Andrew Lenz confirming service of Respondent's Motion Record upon Applicants by email on 08-JAN-2019 filed on 08-JAN-2019
15
2019-01-08
Ottawa
Consent on behalf of Applicants to the electronic service of all documents in the application that are not required to be served personally. filed on 08-JAN-2019
14
2019-01-08
Ottawa
Sealed Envelope purporting to contain the Record of Documentation of the Director of Public Prosecution (pursuant to Order of this Court dated December 18, 2018) filed on 08-JAN-2019
-
2019-01-08
Ottawa
Book of Authorities (Appendix B) consisting of 2 volume(s) on behalf of Respondent received on 08-JAN-2019 Sent directly to Presiding Judge
13
2019-01-08
Ottawa
Motion Record containing the following original document(s): 11 12 Number of copies received: 3 on behalf of Respondent filed on 08-JAN-2019
12
2019-01-08
Ottawa
Memorandum of Fact and Law with Appendix A (1 volume) contained within a Motion Record on behalf of Respondent filed on 08-JAN-2019 1 judges' copies Sent directly to Presiding Judge
11
2019-01-08
Ottawa
Notice of Motion contained within a Motion Record on behalf of Respondent returnable at Special Sitting in Montréal on 01-FEB-2019 to begin at 09:30 for an Order that the Applicant's application be struck without leave to amend pursuant to Rule 359 of the Federal Courts Rules; 2. If this motion is successful in whole or in part, an award of costs in favour of the Respondent. filed on 08-JAN-2019
-
2018-12-18
Montréal
Acknowledgment of Receipt received from all parties with respect to Order rendered on December 18, 2018 placed on file on 18-DEC-2018
10
2018-12-18
Montréal
Order dated 18-DEC-2018 rendered by Alexandra Steele, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Case Management Conference Result: scheduling Order see joint document for details Filed on 18-DEC-2018 copies sent to parties entered in J. & O. Book, volume 1395 page(s) 231 - 234 Interlocutory Decision
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2018-12-17
Montréal
Montréal 17-DEC-2018 BEFORE Alexandra Steele, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: The Court will issue a decision shortly. held by way of Conference Call Duration per day: 17-DEC-2018 from 14:04 to 15:14 Courtroom : Courtroom 241 - Montréal Court Registrar: Sonya Brault Total Duration: 1h10min Appearances: Mr William McNamara 416-868-7988 representing the Applicants Mr Grant Worden 416-868-7988 representing the Applicants Ms Emma Loignon-Leroux 514-868-5600 representing the Applicants Mr Andrew J.F. Lenz 613-566-2833 representing the Respondents Mr David Migicovsky 613-566-2833 representing the Respondents Comments: Further to the instructions of the Court (Madam Prothonotary Alexandra Steele), this case management conference was not recorded using the SEAN/ DARS or TASCAM audio recording units. Minutes of Hearing entered in Vol. 1013 page(s) 410 - 412 Abstract of Hearing placed on file
-
2018-12-17
Montréal
Letter from Mr Andrew J.F.Lenz, Counsel for the Respondents, dated 17-DEC-2018 writing in response to the letter from the Applicants' Counsel dated December 5 and 14, 2018 and asking for this letter to be brought to the attention of Madam Prothonotary Alexandra Steele, for the Case Management Conference to be held on Monday, December 17, 2018 (...) and enclosing several case law decisions (...); received on 17-DEC-2018
-
2018-12-17
Montréal
Letter from Mr William McNamara, Counsel for the Applicants, dated 14-DEC-2018 asking for this letter to be brought to the attention of Madam Prothonotary Alexandra Steele, for the Case Management Conference to be held on Monday, December 17, 2018 (...) the Applicants propose the schedule set out (therein) and will be seeking a direction that all interlocutory motion, including the Respondent's proposed motion to strike, be heard by the Application Judge at the outset of the Application hearing, which is proposed to take place in May (...) the Respondent has advised that it opposes the proposed scehdule on the basis that it does not provide for an interlocutory motion to strike, the Respondent has not provided an alternate schedule (...) Additionally, by way of background, the Applicants recommend several article published this week which underscore the urgent nature of this important application, for the Court (hyperlinks to articles provided therein, as well as hard copies in attachment) (...); received on 17-DEC-2018
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2018-12-06
Montréal
Letter from Respondent dated 06-DEC-2018 In response to the Applicant's letter dated 5-DEC-2018 "Please be advised that we will not be engaging in any further litigation by letter. Any submissions that we have to make will be made at the case conference (...)" received on 06-DEC-2018
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2018-12-06
Montréal
Letter from Applicant dated 05-DEC-2018 "(...) For the reasons set out in our November 30th letter to the Court, it is critical that this application for judiciail review be heard and determined expeditiously. (...)" received on 06-DEC-2018
-
2018-12-05
Montréal
Letter from Respondent dated 05-DEC-2018 indicating that the Respondents are not available for a CMC on 10-DEC-2018 received on 05-DEC-2018
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2018-12-03
Montréal
Communication to the Court from the Registry dated 03-DEC-2018 re: request for CMC (Id.17)
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2018-12-03
Montréal
Letter from Plaintiff dated 30-NOV-2018 requesting Prothonotary Steele to schedule a case management conference during the week of December 10, 2018. received on 03-DEC-2018
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2018-11-27
Ottawa
Acknowledgment of Receipt received from both parties (by fax) with respect to doc 9 placed on file on 27-NOV-2018
9
2018-11-27
Ottawa
Order dated 27-NOV-2018 rendered by Chief Justice Crampton Matter considered without personal appearance The Court's decision is with regard to Order dated 07-NOV-2018 Result: IT IS ORDERED pursuant to Rule 383 that Prothonotary Alexandra Steele is assigned as Case Management Judge in this matter. Filed on 27-NOV-2018 copies sent to parties entered in J. & O. Book, volume 1393 page(s) 175 - 175 Interlocutory Decision
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2018-11-26
Ottawa
Letter from Applicant dated 26-NOV-2018 requesting that a Case Management Judge be appointed as soon as possible in order to move forward with this Application -scanned to the Judicial Administrator- received on 26-NOV-2018
8
2018-11-21
Ottawa
Solicitor's certificate of service on behalf of David Migicovsky confirming service of Doc. No.6 upon Applicant by telecopier on 20-NOV-2018 filed on 21-NOV-2018
7
2018-11-21
Ottawa
Solicitor's certificate of service on behalf of David Migicovsky confirming service of doc.no.6 upon previous Solicitor by telecopier on 20-NOV-2018 filed on 21-NOV-2018
6
2018-11-21
Ottawa
Notice of change of solicitor on behalf of Respondent filed on 21-NOV-2018
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2018-11-07
Ottawa
Confirmation of transmittal receipt via facsimile received from all parties with respect to doc. #5 placed on file on 07-NOV-2018
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2018-11-07
Ottawa
Communication to the Court from the Registry dated 07-NOV-2018 re: File sent to TrialJA for assignment of CMJ (see doc. #5)
5
2018-11-07
Ottawa
Order dated 07-NOV-2018 rendered by Mandy Aylen, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Applicant dated 02-NOV-2018 re: request for case management Result: granted THIS COURT ORDERS THAT: 1. The application shall continue as a specially case managed proceeding. 2. The application is hereby referred to the Chief Justice for designation of a Case Management Judge. 3. The parties shall, within 10 days of the date of the appointment of a Case Management Judge, provide dates and times of mutual availability for a case management conference in the event such conference is deemed to be necessary by the Case Management Judge. Filed on 07-NOV-2018 copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1390 page(s) 436 - 437 Interlocutory Decision
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2018-11-06
Ottawa
Communication to the Court from the Registry dated 06-NOV-2018 re: Applicant's request to have this matter case managed
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2018-11-05
Ottawa
Letter from Respondent dated 05-NOV-2018 "I am counsel for the Respondent...We are in receipt of Mr. McNamara's letter of November 2, 2018...the DPP does not necessarily agree with the rationale for the appointment as set out in the letter. It is premature to make any decision relating to an abridged timetable...Finally, please note that the DPP is in the process of retaining external counsel and a Notice of change of solicitor will be filed shorlty..." received on 05-NOV-2018
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2018-11-02
Ottawa
Letter from Applicant dated 02-NOV-2018 requesting that a Case Management Judge be assigned to this matter. received on 02-NOV-2018
4
2018-10-29
Ottawa
Affidavit of service of Layla Abbar sworn on 29-OCT-2018 on behalf of Respondent confirming service of Notice of Appearance upon Applicant by telecopier on 26-OCT-2018 filed on 29-OCT-2018
3
2018-10-25
Ottawa
Notice of appearance on behalf of Respondent filed on 25-OCT-2018
2
2018-10-25
Ottawa
Affidavit of service of Gianni Donatucci sworn on 24-OCT-2018 on behalf of Applicant confirming service of Notice of Application upon Respondent, the Director of Public Prosecutions by personal service on 19-OCT-2018 filed on 25-OCT-2018
1
2018-10-19
Montréal
Notice of application with regard to Judicial Review (s.18) filed on 19-OCT-2018 Certified copy(ies)/copy(ies) transmitted to Director of the Regional Office of the Department of Justice Tariff fee of $50.00 received: yes
The last database update occurred on 2019-03-10 10:27
David Raymond Amos@DavidRayAmos Replying to @DavidRayAmos@Kathryn98967631 and 49 others Methinks this lawyer is very interesting too bad so sad that he had no time to talk to me today Everybody knows I can help him with his woes with the Taxman N'esy Pas?
Stephen Ralph LeDrew (born 1953) is a Toronto-based lawyer and broadcaster. He served as President of the Liberal Party of Canada from 1998 to 2003, and was a Mayor of Toronto candidate in the 2006 municipal election. He hosted LeDrew Live on CP24 and also co-hosted CP24 Live at Noon as well as being the news station's political analyst until he was fired in December 2017 after seven years with the station.[1]
As a lawyer, LeDrew served as the Executive Assistant to the Solicitor General of Canada, Government Affairs Counsel for Manulife, and Director of Operations in the Prime Minister's Office. After serving in government, he practised administrative law in the private sector for over 25 years.
Political career
LeDrew was elected president of the Liberal Party of Canada in March 1998, then re-elected in March 2000, serving until November 2003. Occasionally outspoken, he famously derided the Chrétien government's plan to severely limit corporate donations to political parties as being as "dumb as a bag of hammers".[2] On September 28, 2006, immediately prior to nomination cut-off date, LeDrew announced his candidacy for Mayor of Toronto in that year's municipal election against incumbent David Miller, centre-right challenger Jane Pitfield and a host of fringe candidates. Although he received considerable media coverage and was invited to participate in election debates with Miller and Pitfield, LeDrew finished a distant third with only 1.3% of the vote.
Broadcasting
From 2007 until 2009, LeDrew co-hosted a talk show with Michael Coren on CFRB 1010 in Toronto titled Two Bald Guys With Strong Opinions. In January 2009, LeDrew began co-hosting a weekday noon news programme with Ann Rohmer on CP24 tiled Live at Noon working there as a political analyst. Due to these television commitments, LeDrew quit his CFRB 1010 show on March 25, 2009. He was fired from CP24 in December 2017 for violating the non-competition clause of his contract by appearing on Fox News Channel.[1]
Personal
In 2005, LeDrew was forced to declare personal bankruptcy by his sole creditor, the federal government. At that time LeDrew claimed this action against him was incited by his stand against Jean Chrétien's efforts to remain as party leader without a leadership review vote, contrary to the constitution of the Liberal Party of Canada. LeDrew owed C$364,140 in back taxes, which he had been in the process of paying down. The court ordered him to pay 74% of this amount, even though LeDrew had earlier offered to pay 100% of his arrears over time; the government had rejected this offer. The judge on the case noted that LeDrew placed priority on personal expenses rather than his tax obligations.[3] LeDrew stated in reply at the time that his children and their needs came first, and he would not have done anything differently. LeDrew is a divorced father of four children. Stephen LeDrew is past president of the National Club in Toronto.
Stephen LeDrew was so sure he would be back on his popular CP24 Live at Noon show he had two special guests lined up for the day of his return following a one-week suspension.
TTC boss Andy Byford and former foreign affairs minister Peter MacKay were booked. LeDrew had his coloured glasses and bow tie picked out.
The comeback didn’t happen. Instead, the former Toronto mayoral candidate said he was called into an office where “people were snarling at me.” It turns out the suspension for his appearance on Tucker Carlson’s FOX News program is not the only punishment.
“I was fired,” said LeDrew. “Fired for cause for violating our competition clause. Merry Christmas.”
Stephen LeDrew speaks to the Toronto Sun editorial board. (Stan Behal/Toronto Sun)Stan Behal / Toronto Sun/Postmedia Network The one-time Liberal Party of Canada’s president found himself in trouble for a Dec. 1 appearance on Carlson’s show where he defended a 15-letter acronym LGGBDTTTIQQAAPP being used in schools to protect against bullying.
LeDrew defended it to a skeptical Carlson but, he said, Bell Media decided to admonish him for “going on a competitor’s show without prior permission.”
LeDrew, a lawyer, said he was asked to sign a letter of apology that would allow him back on the air Dec. 8.
“I was worried the wording of the letter would not let me talk to law society events or the kids at Ryerson, but I was going to sign it because I wanted to get back on,” he said.
But after pushing his comeback date to Dec. 11, he was kept from the studio when he arrived.
“I was later ushered out and not allowed to go and get my coat,” he said. “I guess I shouldn’t have giggled when CTV news told me that Fox was its competition.”
LeDrew, who wished he could have said goodbye to his “terrific” colleagues, said he was also told he should not have done media interviews following his suspension.
Bell has not commented other than to say “Stephen LeDrew is no longer with Bell Media.”
It is disappointing because as a viewer and occasional guest, I think Stephen was very good at his job. He did it with professionalism, style and flare for seven years.
Tucker Carlson speaks onstage at IGNITION: Future of Media at Time Warner Center on November 29, 2017 in New York City. (Photo by Roy Rochlin/Getty Images)
If there was a story in Toronto, LeDrew was the place on TV where viewers and newsmakers would go. That he could be dismissed over this seems over the top. How are characters and free thinkers to work in this kind of environment? TV and radio needs to be edgy and controversial instead of rigid and politically correct.
LeDrew doesn’t believe this was because of his “fish or fowl, frick of frack” answer to explaining the definition of what a “two spirited” person is but more about appearing without clearance and “that I talked with the press.”
Ironic, he was talking about free speech on the show.
“They just want everybody under their thumb,” said LeDrew. “I am OK. It just means I will be able to spend more time with my family over the holidays.”
But after that, LeDrew said he will be available to do commentary.
“This is a serious time in our country,” he said. “I will still talk about important issues.” Just not on CP24.
