Glover v. Bell Canada

The order was set aside because it exceeded the authority provided by s.26 of the Family Law Reform Act and could not be justified as an exercise of the court's inherent jurisdiction; it was impermissibly inquisitorial and beyond the court's traditional inter partes role.

Citation: [1981] 2 SCR 563
Parties: Appellant/plaintiff: Ann Patricia Glover; Respondent/defendant: Bell Canada
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 17 December 1981
Procedural Posture: Family Law Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome: Appeal dismissed.
Legal Topics: Custody, Third‑party Disclosure Orders, Scope of Statutory Authority, Inherent Jurisdiction, Inter Partes Proceedings
Source Language: English

Family Law Civil Procedure Statutory Interpretation Court Powers Privacy Custody Third‑party Disclosure Orders Scope of Statutory Authority +2 more

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Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2

Parties

Ann Patricia Glover

Appellant/plaintiff

Bell Canada

Respondent/defendant

Procedural Posture

Family Law Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

1 Whether the order directing Bell Canada to provide telephone subscriber information was authorized by s.26 of The Family Law Reform Act, 1978 (Ont.)
2 Whether the order could be justified by the court's inherent jurisdiction
3 Whether the order exceeded the traditional role of courts in inter partes proceedings and became inquisitorial

Ratio Decidendi

Court Disposition

Appeal dismissed.

Orders

Order of Lerner J. directing Bell Canada to file telephone subscriber and call records set aside
No order as to costs