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.
33813
Linda Dale Gibbons 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.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-06-26 | Appeal closed | |
| 2012-06-11 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-06-11 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-06-08 |
Judgment on the appeal rendered, CJ LeB De F Abe Ro Cro Mo Ka, The appeal from the judgment of the Court of Appeal for Ontario, Number C50689, 2010 ONCA 77, dated January 29, 2010, heard on December 14, 2011, is dismissed, Fish J. dissenting. Dismissed |
|
| 2012-01-06 | Transcript received, (56 pages) | |
| 2011-12-14 | Judgment reserved OR rendered with reasons to follow | |
| 2011-12-14 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2011-12-14 | Appellant's condensed book, Submitted in Court (14 copies) | Linda Dale Gibbons |
| 2011-12-14 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2011-12-14 |
Hearing of the appeal, 2011-12-14, CJ LeB De F Abe Ro Cro Mo Ka Judgment reserved |
|
| 2011-12-07 | Correspondence received from, Marie-France Major dated December 7, 2011. Re: Pages 11 and 12 of the Appellant's factum were inverted. | Linda Dale Gibbons |
| 2011-12-07 | Notice of appearance, Daniel Santoro and Nicolas Rouleau will be present at the hearing. | Linda Dale Gibbons |
| 2011-12-01 | Notice of appearance, Susan Magotiaux and Matthew Asma will be present at the hearing. | Her Majesty the Queen |
| 2011-11-30 | Correspondence received from, McMillan by fax, re.: request for 3 reserved seats at the hearing | Linda Dale Gibbons |
| 2011-08-29 | Notice of hearing sent to parties | |
| 2011-08-17 | Appeal perfected for hearing | |
| 2011-08-05 | Respondent's book of authorities, (2 Volumes), Completed on: 2011-08-10 | Her Majesty the Queen |
| 2011-08-05 | Respondent's factum, CD to come (rec'd Aug.12), Completed on: 2011-08-10 | Her Majesty the Queen |
| 2011-07-22 |
Appeal hearing scheduled, 2011-12-14, (start time 9:00am) Judgment reserved |
|
| 2011-06-10 | Appellant's book of authorities, (2 volumes), Completed on: 2011-06-10 | Linda Dale Gibbons |
| 2011-06-10 | Appellant's record, Completed on: 2011-06-10 | Linda Dale Gibbons |
| 2011-06-10 | Appellant's factum, Completed on: 2011-06-10 | Linda Dale Gibbons |
| 2011-04-20 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2011-03-18 | Notice of appeal, Completed on: 2011-03-18 | Linda Dale Gibbons |
| 2011-02-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-02-18 | Judgment on leave sent to the parties | |
| 2011-02-17 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C50689, 2010 ONCA 77, dated January 29, 2010, is granted without costs. Granted, without costs |
|
| 2011-02-17 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2010-12-13 | All materials on application for leave submitted to the Judges, LeB De Cha | |
| 2010-12-13 | Submission of motion to extend time to file and/ or serve the leave application, LeB De Cha | |
| 2010-11-26 | Applicant's reply to respondent's argument, Completed on: 2010-11-26 | Linda Dale Gibbons |
| 2010-11-18 | Respondent's response on the application for leave to appeal, Completed on: 2010-11-18 | Her Majesty the Queen |
| 2010-10-22 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2010-10-21 | Motion to extend the time to file and or serve the application for leave to appeal, Included in application, Completed on: 2010-10-21 | Linda Dale Gibbons |
| 2010-10-21 | Application for leave to appeal, Completed on: 2010-10-21 | Linda Dale Gibbons |
| 2010-09-14 | Order on motion to appoint counsel, (BY ABELLA J.) | |
| 2010-09-14 |
Decision on the motion to appoint counsel, Abe, UPON APPLICATION for an order assigning Daniel C. Santoro and Nicolas M. Rouleau under s. 694.1 of the Criminal Code as counsel to act for the applicant; specifying that counsel be remunerated at the Legal Aid Ontario rate; specifying that counsel be compensated for reasonable disbursements, including the fees of an Ottawa Agent; specifying that the appointment is for the purpose of preparing an application for leave to appeal and extension of time; specifying that counsel be remunerated for time and reasonable disbursements as have been incurred from the date of the issuance of the decision of the Court of Appeal for Ontario on January 29, 2010, and for 60 days after this order is issued, should this motion be granted; AND THE MATERIAL FILED having been read and upon consent of the Respondent; IT IS HEREBY ORDERED THAT: (1) Mr. Daniel C. Santoro and Mr. Nicolas M. Rouleau be appointed as counsel for the applicant for the purpose of preparing an application for leave to appeal and motion for extension of time; (2) The fees of counsel be paid in accordance with the Legal Aid Ontario rate; (3) Counsel be compensated for reasonable disbursements, including the fees of an Ottawa Agent; and (4) Counsel be remunerated for time and for reasonable disbursements that have been incurred from the date of the issuance of the decision of the Court of Appeal for Ontario on January 29, 2010, and for time and for reasonable disbursements that are incurred within 60 days after this order. Granted |
|
| 2010-09-14 | Submission of motion to appoint counsel, Abe | |
| 2010-08-23 | Response to the motion to appoint counsel, Completed on: 2010-08-23 | Her Majesty the Queen |
| 2010-08-23 | Motion to appoint counsel, (Letter Form), from counsel to the applicant, dated Aug. 18, 2010, Completed on: 2010-08-23 | Linda Dale Gibbons |
| 2010-08-23 | Notice of application for leave to appeal, Completed on: 2010-08-23 | Linda Dale Gibbons |
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 |
|---|---|---|
| Gibbons, Linda Dale | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Gibbons, Linda Dale
Counsel
Nicolas M. Rouleau
Suite 1100
Toronto, Ontario
M5G 2G8
Telephone: (416) 922-7272
FAX: (416) 342-1766
Email: daniel@santorolaw.ca
Agent
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca
Party: Her Majesty the Queen
Counsel
Emile Carrington
Matthew Asma
Crown Law Office, Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-5238
FAX: (416) 326-4656
Email: susan.magotiaux@ontario.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
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.
Criminal Law – Elements of offence – Requirements to create an exception to offence of disobeying an order of a court – Section 127(1) of the Criminal Code, R.CS.C. 1985, c. C-46 sets out that everyone who, without lawful excuse, disobeys a lawful order made by a court of justice is guilty of an offence “unless a punishment or other mode of proceeding is expressly provided by law” –– Whether Ontario Rules of Civil Procedure create an exception by supplanting common law ––Whether Ontario Rules of Civil Procedure create a comprehensive mode of proceeding to administrate contempt orders to enforce other orders made in civil proceedings before the Superior Court of Justice and Court of Appeal for Ontario.
On October 8, 2008, the applicant allegedly displayed a protest sign within sixty feet of a clinic in breach of an interlocutory injunction restraining her and others from specified protest activities. She was charged with disobeying a court order under s. 127(1) of the Criminal Code. The applicant brought a pre-trial motion to quash the charge on the grounds that Rules 60.11 and 60.12 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, preclude an application of s. 127 of the Code.
Lower court rulings
Ontario Court of Justice (General Division)
Interlocutory injunction granted restraining applicant and others from specified activities
Ontario Superior Court of Justice
Information charging breach of injunction quashed
Ontario Superior Court of Justice
Summary conviction appeal allowed, new trial ordered
Court of Appeal for Ontario
C50689, 2010 ONCA 77
Appeal dismissed
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