Note: The OSPCA Act Application was completed in November 2019 with the decision from the Court of Appeal for Ontario.
Proceedings commenced by way of an application follow rules set out in the Ontario Courts of Justice Act and Rules of Civil Procedure. Constitutional Applications are further governed by specific sections of this legislation.
The following sets out the steps in the application process (including the appeal of the trial decision initiated by the Attorney General of Ontario).
Trial – heard by the Ontario Superior Court of Justice
1 - Filing and service of Notice of Application: Notice of Application 13-10-18
2 - Filing and service of Notice of Constitutional Question: Notice of Constitutional Question 13-10-21
3(a) - Filing and service of the Applicant's Application Record: Application Record 14-08-18
3(b) - Filing and service of the Applicant's Supplemental Application Record: Application Record (Supplemental) 15-02-19
Pre-Hearing Motion: Attorney General's Motion to Strike Proceedings
M-1 - Filing of Attorney General's Notice of Motion to strike proceedings: Notice of Motion 15-06-10
M-2 - Filing of Attorney General's Factum re: motion to strike proceedings: Factum(AG) 15-06-10
M-3 - Filing of Applicant's Factum re: AGO's motion to strike proceedings/evidence; Applicant's motion for advanced costs: Factum 15-08-28
M-4 - Court date to hear Attorney General of Ontario's motion to have the Application questioning the constitutionality of the OSPCA Act thrown out on technical grounds has been set. The hearing of this motion is open to the public. You can demonstrate your interest in this matter by attending the Perth Courthouse (43 Drummond Street East, Perth, Ontario) on Thursday October 29, 2015 at 2 PM. As always, court decorum must be respected. Rescheduled - Judge recused himself.
M-5 - Second court date to hear Attorney General of Ontario's motion to have the Application questioning the constitutionality of the OSPCA Act thrown out on technical grounds has been set. The hearing of this motion is open to the public. You can demonstrate your interest in this matter by attending the Perth Courthouse (43 Drummond Street East, Perth, Ontario) on Friday, January 29, 2016 at 2 PM. As always, court decorum must be respected. Motions were heard. The judge will provide his decision in writing to counsel. No time-frame has been given.
M-6 - The Court ruled against the Attorney General of Ontario's motion to strike the Application. This means that the Application will eventually be heard in court. Decision 16-06-15
M-7 - Following the decision of the Court to strike out some of the Applicant’s evidence, the scope of the Application was narrowed. Changes are set out in the Amended Notice of Application. NoticeApplication(AmendedAmended) 18-02-22
5 - Respondent's cross-examination of the Applicant's affiant (completed 17-08-30)
6 - Applicant's cross-examination of the Respondent's affiants (completed 17-09-07) ApplicationRecord 17-10-31 Vol.3rev for items 5 and 6.
7 - Filing and service of Applicant's Factum Factum of the Applicant 18-02-05
8 - Filing and Service of the Respondent's Factum (updated) Factum(Respondent) 18-05-01
9 - Filing and Service of Applicant's Reply Factum Factum(ApplicantReply) 18-04-06
Pre-Hearing Motion: Motion to Intervene by Animal Justice
M-1 - Filing of Animal Justice's Motion Record re: motion to intervene MotionRecord 18-04-12 AJC-Intervener
M-2 - The Court ordered in favour of Animal Justice to allow it to intervene in the proceedings. This means that Animal Justice will be allowed to submit written and oral arguments to the court with respect the Application. Order 18-04-20 AJC-Intervener
10 - Filing and service of Animal Justice’s intervener factum. Factum(IntervenerAJC) 18-05-04
11 - Filing and service of the Respondent’s factum responding to Animal Justice’s factum (the Applicant elected to not respond). Factum(Respondent-ToIntervener) 18-05-11
12 - Application Hearing took place as scheduled:
Date: May 16, 2018
Time: 10:00 AM (Hearing concluded after one full day of submissions)
Location: Ontario Superior Court of Justice, Lanark County Courthouse, 43 Drummond Street East, Perth, Ontario
13 - Judgment: Justice Minnema's decision. Released on January 2, 2019. Bogaerts v. Ontario (Attorney General),  O.J. No
14 – Order: effective January 2, 2019; executed March 18, 2019. Order 19-01-02 Judgement
Appeal – to be heard by the Ontario Court of Appeal
1 - Appeal by the Attorney General of Ontario. NoticeOfAppeal 19-02-01
2 - Cross-appeal by the Applicant (Respondent in appeal). NoticeCrossAppeal 19-02-15
3 - Filing and service of fresh Notice of Constitutional Question by Applicant (Respondent in appeal) re: cross-appeal NoticeConstitutionalQuestion 19-02-15 Applicant
6 - Intervener Motions
Animal Justice’s motion to intervene
AJ- 1 Notice Of Motion NoticeOfMotion 19-04-15 AJC Intervene
AJ-2 Order Order 19-05-21 AJC Intervene
Information and Privacy Commissioner’s motion to intervene
IPC - 1 Motion Record MotionRecord 19-05-23 IPC Intervene
IPC - 2 Order - Order 19-05-27 IPC Intervene
Canadian Civil Liberties Association motion to Intervene
CCLA- 1 Motion Factum Factum 19-06-28 CCLA Intervene
CCLA - 2 Order - Order 19-07-12 CCLA Intervene
Railway Association of Canada motion to Intervene
RAC - 1 Notice of Motion to Intervene NoticeOfMotion 19-07-12 RAC Intervene
RAC - 2 Order - Order 19-08-08 RAC Intervene
7- Factum of the intervenor Animal Justice Canada Factum(AJC) 19-06-18
8 - Factum of the intervenor the Information and Privacy Commissioner of Ontario Factum(IPC) 19-06-18
9 - Factum of the intervenor Canadian Civil Liberties Association Factum(CCLA) 19-07-18
10 - Factum of the intervenor the Attorney General of Canada due (intervenor status granted as a right) Factum(CanAG) 19-07-31
11 - Factum of the intervenor Railway Association of Canada Factum(RAC) 19-08-16-
13 - Tuesday, October 1st, 2019 at 10:00 a.m., appeal hearing at the Court of Appeal for Ontario, 130 Queen Street West, Toronto.
14 – Decision – November 14, 2019 2019onca876
15 – Post decision filings - None.