Bouragba v. Conseil Scolaire de District Catholique de l’Est de l’Ontario

Bouragba v. Conseil Scolaire de District Catholique de l’Est de l’Ontario

The court directed the Superior Court to complete its review and release the requested transcripts upon payment, ordered provision of an audio compact disc to the parties and Registrar, extended the time to perfect the appeal to 14 days after the later of receipt of the transcripts and settlement of Justice Smith’s order, and refused the moving parties’ request for costs because their grievance concerned the Superior Court rather than the responding parties.

Citation
2021 ONCA 195
Parties
Appellant/moving Party: Tarik Bouragba et al.; Respondent/responding Party: Conseil Scolaire de District Catholique de l’Est de l’Ontario et al.; Respondent/responding Party: Paul Marshall Robert, Richard Lewko and Ontario College of Teachers; Respondent/responding Party: Ministry of Education and Denis Chartrand; Respondent/responding Party: Ottawa-Carleton District School Board and Kevin Gilmore
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
26 March 2021
Procedural Posture
Civil / Motion in Court of Appeal for Production of Transcripts and Extension of Time to Perfect Appeal
Outcome
Motion granted in part and denied in part
Legal Topics
Transcripts, Extension of Time to Perfect Appeal, Costs, Jurisdiction Over Settling Lower Court Orders
Source Language
English
Civil Procedure Appeal Costs Transcripts Extension of Time to Perfect Appeal Jurisdiction Over Settling Lower Court Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Tarik Bouragba et al.

Appellant/moving Party

Conseil Scolaire de District Catholique de l’Est de l’Ontario et al.

Respondent/responding Party

Paul Marshall Robert, Richard Lewko and Ontario College of Teachers

Respondent/responding Party

Ministry of Education and Denis Chartrand

Respondent/responding Party

Ottawa-Carleton District School Board and Kevin Gilmore

Respondent/responding Party

Procedural Posture

Civil / Motion in Court of Appeal for Production of Transcripts and Extension of Time to Perfect Appeal

Legal Issues

  1. 1 Whether the Superior Court should be directed to release prepared transcripts
  2. 2 Whether the time to perfect the appeal should be extended and for how long
  3. 3 Whether costs should be awarded to the moving parties

Ratio Decidendi

The court directed the Superior Court to complete its review and release the requested transcripts upon payment, ordered provision of an audio compact disc to the parties and Registrar, extended the time to perfect the appeal to 14 days after the later of receipt of the transcripts and settlement of Justice Smith’s order, and refused the moving parties’ request for costs because their grievance concerned the Superior Court rather than the responding parties.

Court Disposition

Motion granted in part and denied in part

Orders

  • Superior Court of Justice in Ottawa to complete its review of the transcripts and authorize their release to the moving parties upon payment for the transcripts
  • Local Superior Court office to provide a compact disc with the audio recording of the relevant proceedings to the moving parties when they pay for and receive the transcripts, and to provide a copy of the compact disc to the other parties and to the Registrar of the Court of Appeal for Ontario