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 an application process. A check-mark beside each step indicates it is now complete. Click any completed step for access to court filings.

Completed Steps

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 motions:

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 13-10-18

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) Transcript 17-08-30 Bogaerts

6 - Applicant's cross-examination of the Respondent's affiants (completed 17-09-07)

Future Steps

7 - Filing and service of Applicant's Factum (approximately December 2017)

8 - Filing and service of Respondent's Factum

9 - Filing and service of Applicant’s Reply Factum

10 - Application Hearing - scheduled for February 13 at 10:00 AM (Details to follow)

11 - Judgment

12 - Post-judgment Filings