Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
29166
Brian Joseph Smith v. Her Majesty the Queen
(Newfoundland & Labrador) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2004-03-18 | Appeal closed | |
| 2004-03-05 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-03-04 |
Judgment on the appeal rendered, Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal of Newfoundland and Labrador, Number 85/64, dated January 31, 2002, heard on October 7, 2003 is dismissed. Dismissed |
|
| 2003-10-20 | Transcript received, (49 pages) | |
| 2003-10-07 | Supplemental document, Book of Excerpts | Brian Joseph Smith |
| 2003-10-07 | Judgment reserved OR rendered with reasons to follow | |
| 2003-10-07 |
Hearing of the appeal, 2003-10-07, Ia Ma Ba Bi Arb LeB De Judgment reserved |
|
| 2003-10-07 | Acknowledgement and consent for video taping of proceedings, of all parties have consented | |
| 2003-09-25 | Book of authorities, (Vol. I and II), Completed on: 2003-09-25 | Attorney General of Ontario |
| 2003-09-24 |
Order by, LeB, UPON APPLICATION by the Attorney General of Ontario for leave to intervene in the above appeal and pursuant to the order of August 28, 2003; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2003-09-24 | Notice of appearance, from Lang Michener | Brian Joseph Smith |
| 2003-09-23 | Intervener's factum, Completed on: 2003-09-23 | Attorney General of Ontario |
| 2003-09-22 | Notice of appearance, from Burke-Robertson | Attorney General of Ontario |
| 2003-09-22 | Notice of appearance, from Burke-Robertson | Her Majesty the Queen |
| 2003-08-29 | Notice of hearing sent to parties | |
| 2003-08-28 | Order on motion for leave to intervene, (BY BINNIE J.) | |
| 2003-08-28 |
Decision on the motion for leave to intervene, Bi, The motion for leave to intervene of the applicant, the Attorney General of Ontario is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondents by the intervention. Granted |
|
| 2003-08-28 | Submission of motion for leave to intervene, Bi | |
| 2003-08-28 |
Appeal hearing scheduled, 2003-10-07 Judgment reserved |
|
| 2003-08-27 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2003-08-27 | Brian Joseph Smith |
| 2003-08-26 | Response to the motion for leave to intervene, (fax), Completed on: 2003-08-26 | Her Majesty the Queen |
| 2003-08-08 | Appeal perfected for hearing | |
| 2003-08-06 | Respondent's book of authorities, Completed on: 2003-08-06 | Her Majesty the Queen |
| 2003-08-06 | Respondent's factum, Completed on: 2003-08-06 | Her Majesty the Queen |
| 2003-07-11 | Motion for leave to intervene, 6 copies, Completed on: 2003-07-11 | Attorney General of Ontario |
| 2003-06-17 | Order on motion to extend time | |
| 2003-06-17 |
Decision on motion to extend time, to serve and file the appellant's factum, record and book of authorities to June 13/03, Arb Granted |
|
| 2003-06-17 | Submission of motion to extend time, Arb | |
| 2003-06-13 | Response to motion to extend time, (included in motion), Completed on: 2003-06-13 | Her Majesty the Queen |
| 2003-06-13 | Motion to extend time, to file the factum, record and authorities to June 13, 2003 (book form), Completed on: 2003-06-13 | Brian Joseph Smith |
| 2003-06-13 | Appellant's book of authorities, Completed on: 2003-07-21 | Brian Joseph Smith |
| 2003-06-13 | Appellant's record, Completed on: 2003-07-21 | Brian Joseph Smith |
| 2003-06-13 | Appellant's factum, Completed on: 2003-07-21 | Brian Joseph Smith |
| 2003-05-27 | Correspondence received from, Jerome P. Kennedy dated 05/27/03 re: Marie-France Major of Lang Michener is Ottawa Agent and he will file his factum etc. with an extension of time within 14 days | Brian Joseph Smith |
| 2003-05-26 | Correspondence (sent by the Court) to, Applicant and other parties enclosing Rule 65 Notice | |
| 2002-12-13 | Notice of appeal, Completed on: 2002-12-13 | Brian Joseph Smith |
| 2002-11-21 | Correspondence (sent by the Court) to, all parties; re: filing timetable / tentative hearing date (Oct. 7/03) | |
| 2002-11-15 | Judgment on leave sent to the parties | |
| 2002-11-14 |
Decision on motion to extend time to file and /or serve the leave application, G Ma Arb, The application for extension of time and the application for leave to appeal from the judgment of the Court of Appeal of Newfoundland & Labrador, Number 85/64, dated January 31, 2002, are granted. Granted |
|
| 2002-11-14 |
Judgment of the Court on the application for leave to appeal, The application for extension of time and the application for leave to appeal from the judgment of the Court of Appeal of Newfoundland and Labrador, Number 85/64, dated January 31, 2002, are granted. Granted |
|
| 2002-10-21 | All materials on application for leave submitted to the Judges, G Ma Arb | |
| 2002-10-21 | Submission of motion to extend time to file and/ or serve the leave application, G Ma Arb | |
| 2002-06-28 | Correspondence received from, J. Kennedy dated June 17, 2002 re: judgment of T..C. does not exist | Brian Joseph Smith |
| 2002-05-15 | Book of authorities, Completed on: 2002-05-23 | Her Majesty the Queen |
| 2002-05-15 | Respondent's response on the application for leave to appeal, Completed on: 2002-05-23 | Her Majesty the Queen |
| 2002-05-06 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2002-04-18 | Motion to extend the time to file and or serve the application for leave to appeal, Included in Application for Leave to Appeal, Completed on: 2002-05-06 | Brian Joseph Smith |
| 2002-04-18 | Application for leave to appeal, Motion for extension of time included in Application for Leave to Appeal; Missing Trial court order and judgement., Completed on: 2002-06-28 | Brian Joseph Smith |
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 |
|---|---|---|
| Smith, Brian Joseph | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
Counsel
Party: Smith, Brian Joseph
Counsel
Suite 1001, 10th Floor
TD Place, 140 Water Street
St. John's, Newfoundland & Labrador
A1C 6H6
Telephone: (709) 739-4141
FAX: (709) 739-4145
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Her Majesty the Queen
Counsel
4th Floor, Atlantic Place
215 Water Street
St. John's, Newfoundland & Labrador
A1C 6C9
Telephone: (709) 729-5022
FAX: (709) 729-1135
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Ontario
Counsel
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2304
FAX: (416) 326-4656
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Summary
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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
Supreme Court of Newfoundland and Labrador - Court of Appeal
85/64
Respondent's motion to strike appeal granted
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.
Downloadable PDFs
Not available