Case information
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33466
Her Majesty the Queen v. Thomas Robert Shea
(Ontario) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2010-07-20 | Close file on Leave | |
| 2010-07-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-07-16 | Judgment on leave sent to the parties | |
| 2010-07-15 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number M37645, dated October 9, 2009, is dismissed without costs. Dismissed, without costs |
|
| 2010-05-28 | Transcript received, (13 pages) | |
| 2010-05-10 | Supplemental document, Condensed book - Submitted in Court (6 copies) | Her Majesty the Queen |
| 2010-05-10 | Judgment reserved OR rendered with reasons to follow | |
| 2010-05-10 |
Hearing of the application for leave to appeal, 2010-05-10, LeB De Cro Judgment reserved |
|
| 2010-05-10 | Correspondence received from, Questionnaire following the hearing on Publication Ban | Thomas Robert Shea |
| 2010-05-10 | Correspondence received from, Questionnaire following the hearing on Publication Ban | Her Majesty the Queen |
| 2010-05-10 | Correspondence received from, Acknowledgment and consent | Thomas Robert Shea |
| 2010-05-10 | Correspondence received from, Acknowledgment and Consent | Her Majesty the Queen |
| 2010-05-05 | Correspondence received from, Alexander Hrybinsky and Christine Tier will be present at the hearing. | Her Majesty the Queen |
| 2010-04-19 | Correspondence received from, Lisa Loader and Michael Hefferon will be present at the hearing. | Thomas Robert Shea |
| 2010-04-19 | Appeal hearing scheduled, 2010-05-10, (Oral Hearing on Application for Leave to Appeal) | |
| 2010-04-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-04-08 | Judgment on leave sent to the parties | |
| 2010-04-08 |
Order by, LeB De Cro, The motion for an extension of time to serve and file the amended application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number M37645, dated October 9, 2009, is granted. An oral hearing of the application for leave to appeal is ordered in accordance with s. 43(1)(c) of the Supreme Court Act. The hearing is scheduled for May 10, 2010. Oral hearing ordered |
|
| 2010-04-08 |
Decision on motion to extend time to file and /or serve the leave application, (amended version), See order Granted |
|
| 2010-02-15 | Submission of motion to extend time to file and/ or serve the leave application, LeB De Cro | |
| 2010-02-15 |
All materials on application for leave submitted to the Judges, 2010-05-10, LeB De Cro Judgment reserved |
|
| 2010-02-04 | Response to the motion to extend the time to file and / or serve the leave application, Included in the response, Completed on: 2010-02-04 | Thomas Robert Shea |
| 2010-02-04 | Respondent's response on the application for leave to appeal, Completed on: 2010-02-04 | Thomas Robert Shea |
| 2010-01-27 | Correspondence received from, Alexander Hrybinsky dated January 27, 2010. Re: Return of the C/A order form | Her Majesty the Queen |
| 2009-12-23 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2009-12-22 | Motion to extend the time to file and or serve the application for leave to appeal, Completed on: 2009-12-22 | Her Majesty the Queen |
| 2009-12-07 | Application for leave to appeal, AMENDED application filed on Dec. 22, 2009 - Final C/A order rec'd on Jan. 29, 2010, Completed on: 2010-01-15 | 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 | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Shea, Thomas Robert | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Christine Tier
Crown Law Office Criminal
10th Flr., 720 Bay Street
Toronto, Ontario
M5H 2K1
Telephone: (416) 326-2356
FAX: (416) 326-4656
Email: alex.hrybinsky@jus.gov.on.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Shea, Thomas Robert
Counsel
Michael Hefferon
Simcoe Haliburton and Kawartha Lakes
71 Colburn Street East, P.O. Box 275
Orillia, Ontario
L3V 6J6
Telephone: (705) 326-6444
FAX: (705) 326-9757
Agent
406 - 1355 Bank St
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401
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.
Criminal law - Appeals - Jurisdiction - Extension of time - Whether the Court of Appeal erred in law by allowing an appeal from the decision of a single judge of the same court, denying an extension of time under s.678(2) of the Criminal Code.
Lower court rulings
Ontario Superior Court of Justice
Guilty of two counts each of incest and sexual intercourse with a female under 14 years of age
Ontario Superior Court of Justice
Incest counts stayed in accordance with R. v. Kienapple and Applicant sentenced to two years less a day imprisonment plus two years probation
Court of Appeal for Ontario
M37567
Application for extension of time to file and serve a Notice of Appeal against conviction dismissed
Court of Appeal for Ontario
M37645
Appeal allowed
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
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