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26918

A.R.B. v. Her Majesty the Queen

(Ontario) (Criminal) (As of Right)

(Publication ban on party)

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)
2000-08-21 Record returned to the Registrar of the Court of Appeal
2000-06-20 Appeal closed
2000-06-20 Formal judgment sent to the registrar of the court of appeal and all parties
2000-06-19 Copy of formal judgment being prepared
2000-06-14 Notice of deposit of judgment sent to all parties
2000-06-13 Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The Chief Justice (orally):
Mr. Tse despite the able submissions of Mr. Reynolds, Counsel for the Appellant, we do not find it necessary to call on you. We are ready to render our judgment immediately. We would all dismiss the appeal. The admission of the evidence was a matter in the discretion of the trial judge. Taking all the circumstances into account, we see no basis to interfere in the exercise of that discretion. The appeal is dismissed.
Dismissed, no order as to costs
2000-06-13 Hearing of the appeal, 2000-06-13, (V049), CJ L'HD G Ia Ma Ba Bi Arb LeB
Judgment rendered
2000-06-13 Acknowledgement and consent for video taping of proceedings
2000-06-13 Respondent's condensed book Her Majesty the Queen
2000-06-07 Appellant's book of authorities, (Supplemental) (sent to Panel June 8/00), Completed on: 2000-06-07 A.R.B.
2000-06-07 Appellant's condensed book, (sent to Panel June 8/00) A.R.B.
2000-06-07 Notice of appearance, of Robert J. Reynolds and Wolf Tausendfreund at the hearing of the appeal A.R.B.
2000-06-05 Notice of appearance, of J. Sandy Tse at the hearing of the appeal Her Majesty the Queen
2000-05-30 Respondent's book of authorities, (supplementary), Completed on: 2000-06-01 Her Majesty the Queen
2000-04-10 Appeal hearing scheduled, 2000-06-13
Judgment rendered
2000-03-15 Respondent's factum, (Amended Factum as per Order dated Feb. 29/00), Completed on: 2000-03-15 Her Majesty the Queen
2000-03-07 Appeal court record, (1 box)
2000-02-29 Order on motion to strike out
2000-02-29 Decision on motion to strike out, Ma, The motion to strike portions of the respondent's factum is granted, and paragraphs 27 and 59 - 65 of the factum are struck out. The respondent shall be entitled to file an amended factum within two weeks of the issuing of this order.
Granted, no order as to costs
2000-02-23 Submission of motion to strike out, Ma
2000-02-22 Reply to motion to strike out, Completed on: 2000-02-22 A.R.B.
2000-02-18 Decision on motion to extend time, Reg, to serve & file the respondent's book of authorities to Feb. 8, 2000.
Granted, no order as to costs
2000-02-18 Submission of motion to extend time, Reg
2000-02-16 Book of authorities, on Response to Motion to Strike (4 copies - book form), Completed on: 2000-02-16 Her Majesty the Queen
2000-02-16 Response to motion to strike out, from J. Sandy Tse (4 copies - book form), Completed on: 2000-02-16 Her Majesty the Queen
2000-02-14 Correspondence received from, (by fax) Lang Michener addressed to R.J. Reynolds; re: TC and AC records missing A.R.B.
2000-02-09 Book of authorities, on Motion to strike portions of Respondent's factum, Completed on: 2000-02-09 A.R.B.
2000-02-09 General proceeding, Memorandum of Argument on Motion to strike portions of Respondent's factum A.R.B.
2000-02-09 Motion to strike out, paragraphs 26, and 59 through 65 inclusive of the Respondent's factum (argument and authorities filed separately) (proof of delivery requested), Completed on: 2000-02-22 A.R.B.
2000-02-08 Motion to extend time, to serve and file their Authorities to Feb. 8/00, Completed on: 2000-02-08 Her Majesty the Queen
2000-02-08 Respondent's book of authorities, Vol. 1 to Vol. 3, Completed on: 2000-02-14 Her Majesty the Queen
2000-01-19 Respondent's factum, (See Amended Factum filed March 15/00), Completed on: 2000-01-19 Her Majesty the Queen
2000-01-14 Order on motion for leave to intervene, (by the Court)
2000-01-14 Decision on the motion for leave to intervene, Ba, and extension of time by the Women's Legal Education and Action Fund (LEAF), the DisAbled Women's Network Canada (DAWN Canada) and the National Association of Women and the Law (NAWL) is denied. (for reasons see long judgment).
Dismissed, no order as to costs
2000-01-14 Submission of motion for leave to intervene, by (LEAF), (DAWN Canada) & NAWL, Ba
2000-01-04 Appeal perfected for hearing, Session beginning on 2000-04-10
1999-12-09 Order on motion to extend time
1999-12-02 Decision on motion to extend time, Reg, to serve & file the appellants record to Nov. 17/99, its factum to Nov. 24/99, and its book of authorities to Nov. 10/99.
Granted, no order as to costs
1999-12-02 Submission of motion to extend time, Reg
1999-12-01 Response to motion to extend time, (included in motion book), Completed on: 1999-12-01 Her Majesty the Queen
1999-12-01 Motion to extend time, to file the factum, record, authorities to Nov. 10, 1999 - book form, Completed on: 1999-12-01 A.R.B.
1999-12-01 General proceeding, Notice of Change of Agent from H. Perkins-McVey to Lang Michener dated Nov. 25/99 A.R.B.
1999-11-22 Response to the motion for leave to intervene, Completed on: 1999-11-30 A.R.B.
1999-11-10 Appellant's book of authorities, (extension of time requested) (served Nov. 10/99 confirmed by phone with K. Collins), Completed on: 1999-11-10 A.R.B.
1999-11-09 Appellant's record, (extension requested) (vol. 1 to 3), Completed on: 1999-11-17 A.R.B.
1999-11-09 Appellant's factum, (extension of time requested)(service admitted on Nov. 24/99 only), Completed on: 1999-11-24 A.R.B.
1999-11-02 Correspondence received from, (by fax) Robert J. Reynolds; re: in the process of binding factum record and authorities A.R.B.
1999-10-20 Response to the motion for leave to intervene, from Burke-Robertson dated Oct. 20/99 (by fax), Completed on: 1999-10-20 Her Majesty the Queen
1999-10-15 Motion for leave to intervene, (Letter Form), joint with extension of time (affidavit served and filed Oct. 26/99) (5 copies), Completed on: 1999-10-15 Women's Legal Education and Action Fund (LEAF), DisAbled Women's Network Canada (DAWN), National Association of Women and the Law (NAWL)
1999-10-06 Correspondence received, from K. Buchanan dated Sept. 24/99 re: will file motion to intervene for LEAF the week of Oct. 11/99
1999-09-07 Close file on Leave
1999-07-08 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
1999-07-08 Copy of formal judgment on leave being prepared
1999-06-18 Notice of deposit of judgment issued to all parties
1999-06-17 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is dismissed.
Dismissed, no order as to costs
1999-05-10 All materials on application for leave submitted to the Judges, CJ McL Ia
1999-04-08 Applicant's reply to respondent's argument, Completed on: 1999-04-08 A.R.B.
1999-03-31 Book of authorities, Completed on: 1999-03-31 Her Majesty the Queen
1999-03-31 Respondent's response on the application for leave to appeal, Completed on: 1999-03-31 Her Majesty the Queen
1999-03-15 Book of authorities, Completed on: 1999-03-15 A.R.B.
1999-03-15 Application for leave to appeal, (see order of the Court of March 1, 1999), Completed on: 1999-03-15 A.R.B.
1999-03-01 Order on motion to quash, (for order see file)
1999-03-01 Decision on motion to extend time, to serve and file the appellant's response to the motion to quash to Feb. 25/99, Reg
Granted, no order as to costs
1999-03-01 Decision on the motion to quash the appeal, video #V025, Co McL Ma Ba Bi, The motion to quash is dismissed. The time of the respondent appellant to file material and bring an application for leave to appeal on other issues is extended to the 15th of March.
Dismissed, no order as to costs
1999-03-01 Hearing of the motion to quash, 1999-03-01, Co McL Ma Ba Bi
Decision rendered
1999-03-01 Submission of motion to extend time, Reg
1999-02-26 Motion to extend time, to file the appellant's response to motion to Quash and Book of Authorities, Completed on: 1999-02-26 A.R.B.
1999-02-26 Respondent's book of authorities, re: motion to quash, Completed on: 1999-02-26 Her Majesty the Queen
1999-02-25 Response to the motion to quash, (extension of time requested), sent to Co McL Ma Ba Bi, Feb. 25/99, Completed on: 1999-02-25 A.R.B.
1999-02-05 Submission of motion to quash, 1999-03-01, Co McL Ma Ba Bi
Decision rendered
1999-02-05 Decision on miscellaneous motion, on appeal to adjourn the hearing of the motion to quash set for Feb. 8/99, the application for an adjournment is therefore granted with the application to be heard on the 1st of March 1999 (for reasons see endorsement), Co
Granted, no order as to costs
1999-02-02 Submission of miscellaneous motion, to adjourn motion to quash, Co
1999-02-02 Response to miscellaneous motion, (Letter Form), (not consenting to this matter being adjourned to such a late date, Completed on: 1999-02-02 Her Majesty the Queen
1999-02-02 Notice of miscellaneous motion, to adjourn the motion to Quash, Completed on: 1999-02-04 A.R.B.
1999-02-01 Correspondence received from, from J. Tse dated Feb. 1, 1999 (fax copy) re; the Crown is opposed to an adjournment of the matter to any date after April 16, 1999 (motion to adjourn scheduled for Feb. 8, 1999) Her Majesty the Queen
1999-01-08 Book of authorities, motion to quash, Completed on: 1999-01-08 Her Majesty the Queen
1999-01-08 Motion to quash, RETURNABLE FEB. 8/99, Completed on: 1999-01-08 Her Majesty the Queen
1998-12-16 Order on motion to extend time, to serve and file the motion to quash to Jan. 8, 1999
1998-12-15 Decision on motion to extend time, to serve and file the motion to quash to Jan. 8, 1999, Reg
Granted, no order as to costs
1998-12-15 Submission of motion to extend time, to file the motion to quash to Jan 8, 1999, Reg
1998-12-11 Motion to quash, (NOTICE ONLY), Completed on: 1998-12-11 Her Majesty the Queen
1998-12-11 Response to motion to extend time, (consents to the motion to extend the time to file a motion to quash), Completed on: 1998-12-11 A.R.B.
1998-12-11 Motion to extend time, to file the motion to quash to Jan. 8, 1999, Completed on: 1998-12-11 Her Majesty the Queen
1998-12-10 Correspondence received from, J. Tse, letter dated Dec. 10, 1998 re: there is no S.486 order Her Majesty the Queen
1998-11-12 Letter acknowledging receipt of notice of appeal, sent to Reynolds O'Brien Kline & Selick and A.G. for ON
1998-10-14 General proceeding, C.A. reasons A.R.B.
1998-10-08 $50.00 filing a notice of appeal, receipt #31311 A.R.B.
1998-10-08 Notice of appeal, With service, Completed on: 1998-10-08 A.R.B.

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
A.R.B. Appellant Active

v.

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

Counsel

Party: A.R.B.

Counsel
Name
Robert J. Reynolds
Contact information
Reynolds O'Brien Kline & Selick
183 Front St
PO Box 1327 Stn Main
Belleville, Ontario
K8N 5J1
Telephone: (613) 966-3031
FAX: (613) 966-2390
Agent
Name
Jeffrey W. Beedell
Contact information
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca

Party: Her Majesty the Queen

Counsel
Name
Sandy Tse
Contact information
Attorney General of Ontario
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4606
FAX: (416) 326-4656
Email: sandy.tse@ontario.ca
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

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.

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Lower court rulings

May 14, 1996
Ontario Court of Justice (General Division)


Conviction: one count of sexual intercourse with a female person under the age of 14; one count of indecent assault

September 9, 1998
Court of Appeal for Ontario

C25432

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

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Webcasts

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Date modified: 2025-05-13