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25833

Herman McQuaid v. Her Majesty the Queen

(Nova Scotia) (Criminal) (As of Right)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
1998-02-27 Formal judgment sent to the registrar of the court of appeal and all parties, Nova Scotia (Halifax)
1998-02-27 Copy of formal judgment being prepared, all parties
1998-02-19 Judgment on the appeal rendered, G Co McL Ia Ma, The appeal is dismissed.
Dismissed, no order as to costs
1998-02-19 Notice of deposit of judgment sent to all parties, all parties
1997-12-22 General proceeding, transcript received & distributed to the justices (71 pages) (joint with 25822-831-832-834)
1997-12-05 Hearing of the appeal, 1997-12-05, G Co McL Ia Ma
Decision reserved
1997-12-04 General proceeding, 11 copies of CONDENSED BOOK Herman McQuaid
1997-12-04 General proceeding, 12 copies of CONDENSED BOOK (joint with 25822-831- 832-834) Her Majesty the Queen
1997-11-28 Order on motion to extend time, to file their consolidated factum (joint with 25822 - 831 - 832 - 834)
1997-11-28 Decision on motion to extend time, to file their consolidated factum to Nov. 19/97 (joint with 25822 - 831 - 832 - 834), Reg
Granted, no order as to costs
1997-11-28 Hearing of motion to extend time, 1997-11-28, to file their consolidated factum to Nov. 19/97 (joint with 25822 - 831 - 832 - 834), Reg
1997-11-28 Submission of motion to extend time, 1997-11-28, to file their consolidated factum to Nov. 19/97 (joint with 25822 - 831 - 832 - 834), Reg
1997-11-27 Correspondence (sent by the Court) to, from Pink, Murray to Registrar (fax copy) re: duration of argument (joint with 25832-25822- 25831-25834)
1997-11-19 Affidavit, (of Kenneth W.F. Fiske) (joint with 25822-831-832- 834), with service Her Majesty the Queen
1997-11-19 $50.00 filing fee for notice of motion, to extend time receipt #28142 Her Majesty the Queen
1997-11-19 Motion to extend time, to file the respondent's factum to Nov. 19/97 (joint with 25822-25831-832-834), with service, Completed on: 1997-11-19 Her Majesty the Queen
1997-11-19 Book of authorities, 10 copies (joint with 25822-831-832-834), with service, Completed on: 1997-11-19 Her Majesty the Queen
1997-11-19 Respondent's factum, 24 copies (joint with 25822-831-832-834), with service, Completed on: 1997-11-19 Her Majesty the Queen
1997-10-17 Appeal hearing scheduled, 1997-12-05
Decision reserved
1997-10-17 Order on motion to extend time, to file their Case on Appeal and Factum
1997-10-15 General proceeding, 24 copies of GENERAL INDEX - CASE ON APPEAL Herman McQuaid
1997-10-08 Decision on motion to extend time, to file their Case on Appeal to Aug. 7/97 and their factum to Oct. 8/97, Ma
Granted, no order as to costs
1997-10-08 Hearing of motion to extend time, 1997-10-08, to file their Case on Appeal to Aug. 7/97 and their factum to Oct. 8/97, Ma
1997-10-08 Submission of motion to extend time, 1997-10-08, to file their Case on Appeal to Aug. 7/97 and their factum to Oct. 8/97, Ma
1997-10-08 Appellant's factum, 24 copies, with service, Completed on: 1997-10-08 Herman McQuaid
1997-10-07 Response to motion to extend time, to file the case on appeal to Aug. 7, 1997 and the appellant's factum to Oct. 8, 1997 (Beament, Green) (fax copy), Completed on: 1997-10-07 Her Majesty the Queen
1997-10-03 Affidavit, to file the case on appeal to Aug. 7, 97 and the appellant's factum to Oct. 8, 1997 (Jeffrey S. Moors), with service Herman McQuaid
1997-10-03 $50.00 filing fee for notice of motion, receipt no. 34875 Herman McQuaid
1997-10-03 Motion to extend time, to file the case on appeal to Aug. 7, 1997 and the appellant's fctum to Oct. 8, 1997 (further extension) (see order of the Registrar dated July 10, 1997), with service, Completed on: 1997-10-03 Herman McQuaid
1997-09-16 Notice of change of counsel, from John O'Neill, c/o O'Neill, Tweel to Jeffrey S. Moors of Boyne Clarke, with service Herman McQuaid
1997-09-08 Proof of service, sent to O'Neill & Tweel (Halifax, NS) re: double registered letter sent Sept. 3/97
1997-09-08 Proof of service, sent to A.G. of Nova Scotia (Halifax, NS) re: double registered letter sent Sept. 3/97
1997-09-03 Correspondence (sent by the Court) to, sent to A.G. of Nova Scotia (Halifax, NS) enclosing a Notice from the Registrar pursuant to Rule 45 (FAXED AND DOUBLE REGISTERED)
1997-09-03 Correspondence (sent by the Court) to, sent to O'Neill & Tweel (Halifax, NS) enclosing copy a Notice from the Registrar pursuant to Rule 45 (FAXED AND DOUBLE REGISTERED) (O'Neill, no longer solicitor; has been replaced by Boyne, Clarke who has received from O'Neill the letter under rule 45 - n
1997-08-25 Appeal perfected for hearing, Session beginning on 1997-10-06
1997-08-20 Correspondence (sent by the Court) to, sent to Dept. of Justice of Nova Scotia (Halifax, NS) enclosing copy of the notice to the profession dealing with condensed books
1997-08-20 Correspondence (sent by the Court) to, sent to O'Neill & Tweel (Halifax, NS) enclosing copy of the notice to the profession dealing with condensed books
1997-08-07 Case on appeal, 24 copies of vol. I to XI (table of contents to be redone +part V missing)[WILL FILE A GENERAL INDEX] Herman McQuaid
1997-07-10 Order on motion to extend time, to file case on appeal and appellant's factum
1997-07-10 Decision on motion to extend time, Reg, to file the case on appeal to July 11/97 and to serve and file the appellant's factum to August 15/97; This appeal shall be inscribed for hearing during the session commencing October 6/97, and will be scheduled for hearing together with the cases of Skinner v. R. (25831), Dixon v. R. (25834), Robert v. R. (25832) and Smith v. R. (25822). If the appellant does not serve and file the case on appeal and factum within the times prescribed in this Order, the appeal will be referred to a judge for determination in accordance with rule 45
Granted, no order as to costs
1997-07-10 Hearing of motion to extend time, 1997-07-10, Reg
1997-07-10 Submission of motion to extend time, 1997-07-10, Reg
1997-07-09 Response to motion to extend time, to file the Case on Appeal to July 11/97 and the appellant`s factum to August 15/97, Completed on: 1997-07-09 Her Majesty the Queen
1997-06-25 Affidavit, to file the Case on Appeal to July 11/97 and the appellant's factum to August 15/97; Jeffrey S. Moors, with service Herman McQuaid
1997-06-25 $50.00 filing fee for notice of motion, receipt #34390 Herman McQuaid
1997-06-25 Motion to extend time, to file the Case on Appeal to July 11/97 and the appellant's factum to August 15/97, with service, Completed on: 1997-06-25 Herman McQuaid
1997-06-23 Notice of change of counsel, (change of Ottawa agent) from Perley-Robertson to Burke-Robertson, with service Herman McQuaid
1997-02-28 Correspondence (sent by the Court) to, sent to O'Neill & Tweel (Halifax, NS) enclosing copy of Rule 32 c.c. Perley-Robertson, Panet, Hill & McDougall
1997-02-28 Correspondence (sent by the Court) to, sent to A.G. of Nova Scotia (Halifax, NS) enclosing copy of Rule 32 c.c. Beament, Green, Dust
1997-02-13 $50.00 filing a notice of appeal, receipt no. 33556 Herman McQuaid
1997-02-13 General proceeding, (reasons for judgment) - book form, with service Herman McQuaid
1997-02-13 Notice of appeal, 2 copies (book form)(to be heard with 25822-832- 834), with service, Completed on: 1997-02-13 Herman McQuaid

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
McQuaid, Herman Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Counsel

Party: McQuaid, Herman

Counsel
David J. Bright, Q.C.
Boyne Clarke
700 - 33 ALDERNEY DR
PO BOX 876 STN MAIN
DARTMOUTH, Nova Scotia
B2Y 3Z5
Telephone: (902) 469-9500
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Her Majesty the Queen

Counsel
Kenneth W.F. Fiske, Q.C.
Attorney General of Nova Scotia
Maritime Centre, Suite 1225
1505 Barrington Street
Halifax, Nova Scotia
B3J 3K5
Telephone: (902) 424-6794
FAX: (902) 424-0653
Agent
Stephen J. Grace
Beament, Green, Dust
47 Clarence St
Suite 204
Ottawa, Ontario
K1N 9K1
Telephone: (613) 241-3400
FAX: (613) 241-8555

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

February 27, 1996
Supreme Court of Nova Scotia, Trial Division

x

conviction of two counts of aggravated assault

January 15, 1997
Nova Scotia Court of Appeal

126612

Appeal dismissed

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

Webcasts

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Date modified: 2025-05-13