Case information
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34228
Her Majesty the Queen v. Marius Nedelcu
(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) |
|---|---|---|
| 2012-12-19 | Appeal closed | |
| 2012-11-08 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-11-08 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-11-07 |
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 C48500, 2011 ONCA 143, dated February 24, 2011, heard on March 16, 2012, is allowed, the order for a new trial set aside and the guilty verdict on the charge of dangerous driving causing bodily harm restored. LeBel, Fish and Cromwell JJ. are dissenting. Allowed, no order as to costs |
|
| 2012-03-29 | Transcript received, (74 pages) | |
| 2012-03-16 | Judgment reserved OR rendered with reasons to follow | |
| 2012-03-16 | Respondent's condensed book, (14 copies) distributed in Court | Marius Nedelcu |
| 2012-03-16 | Appellant's condensed book, (14 copies) distributed in Court | Her Majesty the Queen |
| 2012-03-16 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2012-03-16 |
Hearing of the appeal, 2012-03-16, CJ LeB De F Abe Ro Cro Mo Ka Judgment reserved |
|
| 2012-03-13 | Order on motion to adduce new evidence, (BY THE CHIEF JUSTICE) | |
| 2012-03-13 |
Decision on motion to adduce new evidence, CJ, UPON APPLICATION by the respondent for an order admitting as fresh evidence the affidavit of Penny Georgoudis, affirmed February 13, 2012; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2012-03-13 | Supplemental document, Supplementary book of authorities with a cover letter (submitted to the Court on March 13, 2012), Completed on: 2012-03-13 | Advocates' Society |
| 2012-03-07 | Notice of appearance, Sylvain Leboeuf and Gilles Laporte will be present at hearing | Attorney General of Quebec |
| 2012-03-07 | Notice of appearance, Barbara A. McIsaac, Q.C. , Jacquie El-Chammas and Frank Addario will be present at hearing | Advocates' Society |
| 2012-03-06 | Submission of motion to adduce new evidence, CJ | |
| 2012-03-06 |
Order by, Cro, UPON APPLICATION by the intervener, Criminal Lawyers’ Association (Ontario), for an order extending the time to serve and file its factum and book of authorities to March 2, 2012 and permitting the intervener to present oral argument at the hearing of this appeal pursuant to Rule 71(3) of the Rules of the Supreme Court of Canada; AND FURTHER TO THE ORDER dated January 31, 2012, granting leave to intervene to the Criminal Lawyers’ Association (Ontario), the Advocates’ Society and the Attorney General of Quebec; IT IS HEREBY FURTHER ORDERED THAT: (1) the Criminal Lawyers’ Association (Ontario) is granted an extension of time to serve and file its factum and book of authorities to March 2, 2012, and is also granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. (2) the Advocates’ Society is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. (3) the Attorney General of Quebec is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2012-03-06 |
Decision on motion to extend time, Cro, See order on oral argument Granted |
|
| 2012-03-06 | Submission of motion to extend time, Cro | |
| 2012-03-02 | Response to motion to extend time, (joint consent by both appellant and respondent), Completed on: 2012-03-02 | Her Majesty the Queen |
| 2012-03-02 | Correspondence received from, Change of counsel from Sack Gobblat to Borden Ladner Gervais | Advocates' Society |
| 2012-03-02 | Motion to extend time, to serve and file the intervener, Criminal Lawyers' Association (Ontario), factum and book of authorities to March 2, 2012 and permitting to present oral argument pursuant to rule 71(3), Completed on: 2012-03-02 | Criminal Lawyers' Association (Ontario) |
| 2012-03-02 | Intervener's book of authorities, Completed on: 2012-03-02 | Criminal Lawyers' Association (Ontario) |
| 2012-03-02 | Intervener's factum, Completed on: 2012-03-02 | Criminal Lawyers' Association (Ontario) |
| 2012-03-01 | Reply to motion to adduce new evidence, (sent to panel March 6/12), Completed on: 2012-03-01 | Marius Nedelcu |
| 2012-02-29 | Response to the motion to adduce new evidence, (sent to panel March 6/12), Completed on: 2012-02-29 | Her Majesty the Queen |
| 2012-02-29 | Intervener's book of authorities, Completed on: 2012-02-29 | Advocates' Society |
| 2012-02-29 | Intervener's factum, Completed on: 2012-02-29 | Advocates' Society |
| 2012-02-27 | Intervener's book of authorities, Completed on: 2012-02-27 | Attorney General of Quebec |
| 2012-02-27 | Intervener's factum, Completed on: 2012-02-27 | Attorney General of Quebec |
| 2012-02-24 | Notice of appearance, Michal Fairburn and Randy Schwartz will be present at the hearing | Her Majesty the Queen |
| 2012-02-24 | Notice of appearance, P. Andras Schreck and Candice Suter will be present at the hearing | Marius Nedelcu |
| 2012-02-21 | Motion to adduce new evidence, (sent to panel March 6/12), Completed on: 2012-02-21 | Marius Nedelcu |
| 2012-02-13 | Correspondence received from, Ms. Suter dated Feb. 10/12 re: request for student to be seated at counsel table | Marius Nedelcu |
| 2012-02-13 | Correspondence received from, Gowlings, by email, Re: reserved seating | Marius Nedelcu |
| 2012-02-06 | Respondent's book of authorities, Completed on: 2012-02-06 | Marius Nedelcu |
| 2012-02-06 | Respondent's factum, Completed on: 2012-02-06 | Marius Nedelcu |
| 2012-01-31 | Order on motion for leave to intervene, (BY CROMWELL J.) | |
| 2012-01-31 |
Decision on the motion for leave to intervene, Cro, UPON APPLICATIONS by the Criminal Lawyers’ Association of Ontario, the Advocates’ Society and the Attorney General of Quebec for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene by the Criminal Lawyers’ Association of Ontario, the Advocates’ Society and the Attorney General of Quebec are granted and the said interveners shall each be entitled to serve and file a factum not to exceed 10 pages in length on or before February 29, 2012. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. Granted, no order as to costs |
|
| 2012-01-31 | Submission of motion for leave to intervene, Cro | |
| 2012-01-30 | Response to the motion for leave to intervene, consents to all the interventions, Completed on: 2012-01-30 | Marius Nedelcu |
| 2012-01-24 | Order on motion to appoint counsel | |
| 2012-01-24 |
Decision on motion to appoint counsel, Abe, namely Mr. P. Andras Schreck and Ms. Cantice Suter as counsel of record for the respondent Granted |
|
| 2012-01-24 | Submission of motion to appoint counsel, Abe | |
| 2012-01-23 | Appeal perfected for hearing | |
| 2012-01-23 | Response to the motion for leave to intervene, (Letter Form), (for AG of Quebec) from Michal Fairburn, by fax, dated Jan.23/12, Completed on: 2012-01-23 | Her Majesty the Queen |
| 2012-01-23 | Response to the motion for leave to intervene, (Letter Form), (for Criminal Lawyers' Association of Ontario) from Michal Fairburn, by fax, dated Jan.23/12, Completed on: 2012-01-23 | Her Majesty the Queen |
| 2012-01-16 | Response to the motion for leave to intervene, (Letter Form), (of Advocates' Society) from Randy Schwartz, by fax, dated Jan.16/12, Completed on: 2012-01-16 | Her Majesty the Queen |
| 2012-01-11 | Correspondence received from, (Letter Form), Michal Fairburn, dated January 10/12, by fax, Re: shift in position of the appellant (sent to the panel on Jan.16/12) | Her Majesty the Queen |
| 2012-01-10 | Motion for leave to intervene, Completed on: 2012-01-10 | Attorney General of Quebec |
| 2012-01-10 | Motion for leave to intervene, (Bookform), Completed on: 2012-01-10 | Criminal Lawyers' Association (Ontario) |
| 2012-01-09 | Response to motion to appoint counsel, Completed on: 2012-01-09 | Her Majesty the Queen |
| 2012-01-09 | Motion to appoint counsel, Mr. P. Andras Schreck and Cantice Suter as counsel, Completed on: 2012-01-09 | Marius Nedelcu |
| 2012-01-03 | Motion for leave to intervene, (Bookform), Completed on: 2012-01-03 | Advocates' Society |
| 2011-12-14 | Order on motion to extend time | |
| 2011-12-14 |
Decision on motion to extend time, to serve and file the Appellant's Factum and Book of Authorities to the 25th of Nov. 2011., Reg Granted |
|
| 2011-12-14 | Submission of motion to extend time, Reg | |
| 2011-12-08 | Notice of hearing sent to parties | |
| 2011-12-07 |
Appeal hearing scheduled, 2012-03-16 Judgment reserved |
|
| 2011-11-28 | Motion to extend time, to serve and file the Appellant's Factum and Book of Authorities to Nov. 25, 201. (Fees missing -rec'd Dec 7, 2011), Completed on: 2011-12-07 | Her Majesty the Queen |
| 2011-11-25 | Appellant's book of authorities, Completed on: 2011-11-25 | Her Majesty the Queen |
| 2011-11-25 | Appellant's factum, Motion for extension of time filed on November 28, 2011, Completed on: 2011-11-25 | Her Majesty the Queen |
| 2011-11-22 | Appellant's record, (3 volumes), Completed on: 2011-11-22 | Her Majesty the Queen |
| 2011-11-21 | Correspondence received from, Ms. Fairburn rec'd by fax re: will be late filing their factum | Her Majesty the Queen |
| 2011-11-02 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2011-08-30 | Notice of appeal, Completed on: 2011-08-30 | Her Majesty the Queen |
| 2011-07-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-07-04 | Judgment on leave sent to the parties | |
| 2011-06-30 |
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 and the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C48500, 2011 ONCA 143, dated February 24, 2011, are granted without costs. Granted, without costs |
|
| 2011-06-30 |
Decision on motion to extend time to file and /or serve the leave application, see judgement Granted, without costs |
|
| 2011-06-13 | All materials on application for leave submitted to the Judges, Bi Abe Ro | |
| 2011-06-13 | Submission of motion to extend time to file and/ or serve the leave application, Bi Abe Ro | |
| 2011-05-26 | Respondent's response on the application for leave to appeal, Completed on: 2011-05-26 | Marius Nedelcu |
| 2011-05-03 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-05-02 | Motion to extend the time to file and or serve the application for leave to appeal, Completed on: 2011-05-02 | Her Majesty the Queen |
| 2011-05-02 | Application for leave to appeal, (Two Volumes), Completed on: 2011-05-03 | 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 |
|---|---|---|
| Nedelcu, Marius | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Quebec | Intervener | Active |
| Advocates' Society | Intervener | Active |
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Randy Schwartz
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4658
FAX: (416) 326-4656
Email: michal.fairburn@ontario.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Nedelcu, Marius
Counsel
Candice Suter
6 Adelaide Street East, 5th Floor
Toronto, Ontario
M5C 1H6
Telephone: (416) 977-6268 Ext: 1
FAX: (416) 977-8513
Email: schreck@schreckpresser.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Advocates' Society
Counsel
Jacquie El-Chammas
Frank Addario
1100 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Agent
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Criminal Lawyers' Association (Ontario)
Counsel
Royal Trust Tower
77 King Street West, Suite 4130
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-7200
FAX: (416) 593-9345
Agent
Unit #2
Gatineau, Quebec
J9H 7K8
Telephone: (819) 778-7794
FAX: (819) 778-1740
Email: msobkin@sympatico.ca
Party: Attorney General of Quebec
Counsel
1200, Route de l'Église, 2ème étage
Québec, Quebec
G1V 4M1
Telephone: (418) 643-1477 Ext: 21010
FAX: (418) 644-7030
Email: Sylvain.leboeuf@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.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.
Canadian Charter of Rights and Freedoms — Self Incrimination — Whether s. 13 of the Charter precludes the use of civil discovery evidence to impeach the credibility of an accused who chooses to testify at his criminal trial
The respondent and the victim worked together. After work, the respondent took the victim for a ride on his motorcycle on the property of their employer. The victim was not wearing a helmet and was ejected from the back of the bike when the vehicle crashed. The victim suffered permanent brain damage. The respondent was charged with dangerous driving causing bodily harm and impaired driving causing bodily harm. The respondent was also sued in a civil action by the victim and his family. He was examined for discovery as part of those proceedings. In discovery, he testified that he had no memory of the events that day from 5pm to the following day at 11am when he woke up in hospital. Fourteen months later at his criminal trial, however, he gave a detailed account of the accident and the events preceding it. He testified that he recalled about 90 to 95 percent of what occurred the day of the accident. The applicant Crown sought leave to cross-examine the respondent on his discovery evidence. A voir dire followed and the trial judge ruled that the discovery evidence could be put to the respondent for the purpose of impeaching his credibility.
Lower court rulings
Ontario Superior Court of Justice
Crown application to introduce the respondent’s discovery evidence in a related civil action for the purposes of impeaching his credibility in the criminal trial granted
Ontario Superior Court of Justice
CRIMJ(P)622/06
Respondent found guilty of dangerous driving causing bodily harm and not guilty of impaired driving causing bodily harm
Court of Appeal for Ontario
C48500, 2011 ONCA 143
Appeal allowed, conviction set aside and new trial ordered
Memorandums of argument on application for leave to appeal
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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.
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