Case information
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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.
| 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
| Name | Role | Status |
|---|---|---|
| McQuaid, Herman | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: McQuaid, Herman
Counsel
700 - 33 ALDERNEY DR
PO BOX 876 STN MAIN
DARTMOUTH, Nova Scotia
B2Y 3Z5
Telephone: (902) 469-9500
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Her Majesty the Queen
Counsel
Maritime Centre, Suite 1225
1505 Barrington Street
Halifax, Nova Scotia
B3J 3K5
Telephone: (902) 424-6794
FAX: (902) 424-0653
Agent
47 Clarence St
Suite 204
Ottawa, Ontario
K1N 9K1
Telephone: (613) 241-3400
FAX: (613) 241-8555
Summary
Keywords
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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
Supreme Court of Nova Scotia, Trial Division
x
conviction of two counts of aggravated assault
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
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Related links
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.
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