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26078

Vincent Godoy v. Her Majesty the Queen

(Ontario) (Criminal) (By Leave)

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)
1999-02-04 Written reasons rendered after oral judgment, CJ L'HD G Co McL Ia Ma Ba Bi
Dismissed, no order as to costs
1999-01-22 Formal judgment sent to the registrar of the court of appeal and all parties
1999-01-22 Copy of formal judgment being prepared
1998-12-16 Notice of deposit of judgment sent to all parties
1998-12-09 Transcript received, 41 pages
1998-12-02 Order on motion to extend time, to file the factum
1998-12-02 Judgment on the appeal rendered, CJ L'HD G Co McL Ia Ma Ba Bi, THE CHIEF JUSTICE (ORALLY): The appeal is dismissed. The decision of the Court of Appeal is upheld and the order of a new trial stands. Reasons to follow.

Dismissed, no order as to costs
1998-12-02 Hearing of the appeal, 1998-12-02, CJ L'HD G Co McL Ia Ma Ba Bi
Judgment rendered
1998-12-02 General proceeding, (respondent's references for oral argument) (given in Court) Her Majesty the Queen
1998-11-30 Decision on motion to extend time, to serve and file the respondent's factum to Sept. 30/98 and its book of authorities to Nov. 24/98, Reg
Granted, no order as to costs
1998-11-30 Submission of motion to extend time, Reg
1998-11-27 Notice of appearance, of Christopher D. Hicks and Carol Cahill at the hearing of the appeal Vincent Godoy
1998-11-25 Response to motion to extend time, to serve and file the Respondent's Factum and Authorities, Completed on: 1998-11-25 Vincent Godoy
1998-11-25 Motion to extend time, to serve and file their Factum to Sept. 30/98 and Authorities to Nov. 24/98, Completed on: 1998-11-25 Her Majesty the Queen
1998-11-24 Respondent's book of authorities, (extension of time requested), Completed on: 1998-11-24 Her Majesty the Queen
1998-11-05 Order on motion to extend time, to serve and file the factum
1998-11-05 Decision on motion to extend time, to serve and file the factum to Nov. 4/98, Reg
Granted, no order as to costs
1998-11-05 Hearing of motion to extend time, 1998-11-05, to serve and file the factum to Nov. 4/98, Reg
1998-11-05 Submission of motion to extend time, 1998-11-05, to serve and file the factum to Nov. 4/98, Reg
1998-11-04 Correspondence (sent by the Court) to, from S. Hutchison, letter dated Nov. 4, 1998 (fax copy) re: explanation of the replacement pages of factum (see revised factum) (to be sent to the panel)
1998-11-04 Response to motion to extend time, (of the Appellant and Respondent Counsels), Completed on: 1998-11-04
1998-11-04 Affidavit, to file their factum to Nov. 4/98, with service Attorney General of Canada
1998-11-04 Motion to extend time, to serve their factum to Nov. 4/98, with service, Completed on: 1998-11-04 Attorney General of Canada
1998-11-04 Book of authorities, 13 copies, with service, Completed on: 1998-11-04 Attorney General of Canada
1998-11-04 Intervener's factum, With service, Completed on: 1998-11-04 Attorney General of Canada
1998-10-27 Correspondence (sent by the Court) to, from S. Hutchison, letter dated Oct. 26, 1998 re: enclosing revised factum
1998-10-27 Respondent's factum, (revised - see letter from S. Hutchison received on Nov. 4, 1998), with service, Completed on: 1998-10-27 Her Majesty the Queen
1998-10-08 Notice of hearing Vincent Godoy
1998-09-30 Respondent's factum, (extension of time requested - No Index / returned for corrections on Oct. 2/98 - back from corrections on Oct. 5/98) (SEE REVISED FACTUM RECEIVED ON OCT. 27, 1998 AND LETTER FROM S. Hutchison received on Nov. 4, 1998), with service, Completed on: 1998-09-30 Her Majesty the Queen
1998-09-28 Appeal hearing scheduled, 1998-12-02
Judgment rendered
1998-05-01 Appeal perfected for hearing, Session beginning on 1998-10-05
1998-03-16 Proof of service, of the appellant's record
1998-03-09 Proof of service, 1 copy of book of authorities, with service
1998-03-06 Appellant's factum, 24 copies, with service, Completed on: 1998-03-06 Vincent Godoy
1998-03-06 Book of authorities, 11 copies, Completed on: 1998-03-06 Vincent Godoy
1998-03-05 Appellant's record, 22 copies, Completed on: 1998-03-05 Vincent Godoy
1998-02-03 Decision on motion to extend time, for leave to intervene, Co
Granted, no order as to costs
1998-02-03 Hearing of motion to extend time, 1998-02-03, for leave to intervene, Co
1998-02-03 Submission of motion to extend time, 1998-02-03, for leave to intervene, Co
1998-02-03 Decision on the motion for leave to intervene, Factum not to exceed 20 pages and oral argument not to exceed 15 minutes, Co
Granted, no order as to costs
1998-02-03 Hearing of motion for leave to intervene, 1998-02-03, Factum not to exceed 20 pages and oral argument not to exceed 15 minutes, Co
1998-02-03 Submission of motion for leave to intervene, 1998-02-03, Factum not to exceed 20 pages and oral argument not to exceed 15 minutes, Co
1998-02-02 Response to the motion for leave to intervene, by A. G. Canada (Burke-Robertson), Completed on: 1998-02-02 Her Majesty the Queen
1998-02-02 Response to the motion for leave to intervene, by A. G. Canada (Gowling, Strathy), Completed on: 1998-02-02 Vincent Godoy
1998-01-14 Affidavit, to file the motion to intervene on Jan. 14, 1998 (Robert Frater) - 2 copies, with service Attorney General of Canada
1998-01-14 Affidavit, of William H. Corbett - 2 copies Attorney General of Canada
1998-01-14 $50.00 filing fee for notice of motion, (deducted from Justice account) Attorney General of Canada
1998-01-14 Motion for leave to intervene, (joint with motion to extend the time) - 2 copies, with service, Completed on: 1998-01-14 Attorney General of Canada
1998-01-14 Motion to extend time, to file the motion to intervene on Jan. 14, 1998 (joint with motion to intervene) - 2 copies, with service, Completed on: 1998-01-14 Attorney General of Canada
1997-11-13 Correspondence (sent by the Court) to, sent to A.G. for Ontario (Toronto, ON) enclosing copy of Rule 32
1997-11-13 Correspondence (sent by the Court) to, sent to Hicks Block Adams Derstine (Toronto, ON) enclosing copy of Rule 32
1997-11-12 Order granting leave to appeal
1997-11-12 Notice of appeal, Completed on: 1997-11-12 Vincent Godoy
1997-11-07 Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON)
1997-11-07 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1997-11-06 Judgment of the Court on the application for leave to appeal, So Ia Ma, The application for leave to appeal is granted.
Granted, no order as to costs
1997-10-10 All materials on application for leave submitted to the Judges, So Ia Ma
1997-09-04 Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1997-09-04 Her Majesty the Queen
1997-07-09 Correspondence received from, sent to Burke-Robertson (Ottawa, ON) a copy of the letter dated July 9/97 sent to the Applicant.
1997-07-09 Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) to acknowledge receipt of the material commencing a proceeding with the enclosed filing fee.
1997-06-05 Book of authorities, 5 copies received, with service, Completed on: 1997-06-05 Vincent Godoy
1997-06-05 $50.00 filing fee, receipt #34276 Vincent Godoy
1997-06-05 Application for leave to appeal, 5 copies, with service, Completed on: 1997-06-05 Vincent Godoy

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
Godoy, Vincent Applicant Active

v.

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

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active

Counsel

Party: Godoy, Vincent

Counsel
Names
Christopher Hicks
Carol Cahill
Contact information
Hicks, Block, Adams, Derstine
103 Charles St. East
Toronto, Ontario
M4Y 1V2
Telephone: (416) 975-1700
FAX: (416) 925-8882
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Her Majesty the Queen

Counsel
Name
Scott C. Hutchison
Contact information
Attorney General for Ontario - Crown Law Office - Criminal
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4585
FAX: (416) 326-4656
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General of Canada

Counsel
Name
Bernard Laprade
Contact information
Attorney General of Canada
Department of Justice
284, rue Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4761
FAX: (613) 941-7865
Agent
Name
Robert J. Frater
Contact information
Attorney General of Canada
Department of Justice
284 Wellington Street, 2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca

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

September 1, 1992
Provincial Court of Ontario

x

Acquittal: assaulting a police officer with intent to resist lawful arrest

April 9, 1997
Court of Appeal for Ontario

C23324

Appeal dismissed

Filed documents

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 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 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

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

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

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Date modified: 2025-05-13