Supreme Court of Canada Appeal – Giuliani v. Region of Halton et. al.

Written on March 29, 2012.

The last of the appeal materials have now been served and are on their way to be filed with the Supreme Court of Canada. For those unfamiliar with the appeal, the Defendants (Region of Halton and Town of Milton) have filed an Application for Leave to Appeal with the Supreme Court of Canada, hoping to get permission to file an appeal with the SCC to overturn the Court of Appeal for Ontario’s decision in this case, which (in this author’s humble opinion) severely restricted and narrowly interpreted sections 4 and 5 of the MMS, contrary to the legislative intent behind the creation of the MMS and to the law respecting statutory interpretation in this country. As one of the counsel representing the Applicants, I will have to refrain from commenting upon the Leave to Appeal application itself until it has been decided, however for those interested, I am posting copies of the leave application materials below. (They are public documents after all). I will say however that I am proud that we did not use inflammatory words/statements to describe opposing counsels’ arguments or legal positions like: “ludicrous”, “grasp at any straw” or “frivilous” in any of our application materials filed with Canada highest court, unlike our adversaries. In my humble opinion, such language is inappropriate, disrespectful, lowers the estimation of our profession in the minds of the public and is inconsistent with the duties which counsel owe each other and the Court under the Rules of Professional Conduct. Stay tuned…. Memorandum of Argument (2) Response to Application for leave to appeal of the applicants.df Reply