Application process

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

4 - Filing and service of the parties' Joint Application Record. Link to Volume I ApplicationRecord17-06Vol1 and Volume II  ApplicationRecord17-06Vol2

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), [2019] 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

4 - Documents filed by the Attorney General of Ontario ExhibitBook 19-03-13 Vol1, ExhibitBook 19-03-13 Vol2, AppealBookCompendium(Appellan) 19-03-12, Factum(Appellant) 19-03-13.

5 - Factums filed by the Respondent Factum(Respondent-CrossAppeal) 19-05-15 and Factum(Respondent-Appeal) 19-05-14.

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  MotionRecord MotionRecord 19-05-23 IPC Intervene

IPC - 2  Order - Order 19-05-27 IPC Intervene

7- June 19, 2019 - Factums of the Intervenors due

8 - July 19, 2019 – Reply Factums of the parties due (if any)

9 - Tuesday, October 1st, 2019 at 10:00 a.m., appeal hearing at the Court of Appeal for Ontario, 130 Queen Street West, Toronto.

10 – Decision – TBD

11 – Post decision filings (if any) - TBD