Case information
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29251
Her Majesty the Queen v. M.S.
(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.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2003-03-31 | Appeal closed | |
| 2003-03-14 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-03-13 |
Judgment on the appeal rendered, Ia Ma Ba Bi Arb, The appeal from the judgment of the Court of Appeal for Ontario, Number C35849, dated June 6, 2002, was heard this day and the following judgment was rendered: Iacobucci J. (orally) -- Mr. O'Brien, it will not be necessary to hear from you as the Court is ready to pronounce judgment. Before doing so, Mr. Galligan, the Court wishes to thank you for your able submissions. This appeal comes to us as of right. In the final analysis, we agree with the majority in the Ontario Court of Appeal (2002), 5 C.R. (6th) 157 that: "While there was evidence upon which a trier of fact could make a finding of dangerous driving, in the circumstances, the failure to do so did not amount to an error of law" (para.11). Accordingly, the appeal is dismissed. Dismissed |
|
| 2003-03-13 | Acknowledgement and consent for video taping of proceedings | |
| 2003-03-13 |
Hearing of the appeal, 2003-03-13, Ia Ma Ba Bi Arb Judgment rendered |
|
| 2003-03-11 | Book of authorities, (suppl.), Completed on: 2003-03-11 | Her Majesty the Queen |
| 2003-01-15 | Respondent's record, Completed on: 2003-01-15 | M.S. |
| 2003-01-15 | Respondent's book of authorities, Completed on: 2003-01-15 | M.S. |
| 2003-01-15 | Respondent's factum, Completed on: 2003-01-15 | M.S. |
| 2003-01-10 | Notice of hearing | Her Majesty the Queen |
| 2002-12-23 | Appeal perfected for hearing, Session beginning on 2003-01-13 | |
| 2002-12-23 |
Appeal hearing scheduled, 2003-03-13 Judgment rendered |
|
| 2002-12-11 |
Decision on motion to extend time, Reg, to serve and file the appellant's factum and record to November 20, 2002 and it's book of authorities to November 27, 2002. Granted |
|
| 2002-12-11 | Submission of motion to extend time, Reg | |
| 2002-11-27 | Motion to extend time, (to file the factum and record to Nov. 20, 2002 and authorities to Nov. 27, 2002/pour produire les factum et dossier le 20-11-02 et les sources le 27-11-02), Completed on: 2002-11-27 | Her Majesty the Queen |
| 2002-11-27 | Appellant's book of authorities, Completed on: 2002-11-27 | Her Majesty the Queen |
| 2002-11-20 | Appellant's record, (extension of time requested), Completed on: 2002-11-20 | Her Majesty the Queen |
| 2002-11-20 | Appellant's factum, (extension of time requested), Completed on: 2002-11-20 | Her Majesty the Queen |
| 2002-08-06 | Correspondence (sent by the Court) to, all parties; re: filing timetable / tentative hearing date (Mar. 13/03) | |
| 2002-07-03 | Correspondence received from, Burke-Robertson dated July 3, 2002 re: there is a publication ban because the respondent is a young offender | Her Majesty the Queen |
| 2002-06-27 | Notice of appeal, 3 copies (reasons received July 3, 2002)(service to the solicitor of the Respondent on July 16, 2002 and on M.S. on June 25, 2002), Completed on: 2002-07-03 | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| M.S. | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Crown Law Office-Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4555
FAX: (416) 326-4656
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: M.S.
Counsel
Matthew Wells
11th Floor, 1 James Street South
Hamilton, Ontario
L8P 4R5
Telephone: (905) 528-7963
FAX: (905) 577-0077
Email: mobrien@sfl-a.com
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
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
Ontario Court (Provincial Division)
Acquittal of 3 counts crominal negligence causing death; 3 counts dangerous driving causing death, 1 count of criminal negligence causing bodily harm, and 1 count of dangerous driving causing bodily harm
Court of Appeal for Ontario
C35849
Appeal dismissed
Memorandums of argument on application for leave to appeal
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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
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