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.
35599
Christopher Dunn 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) |
|---|---|---|
| 2014-11-14 | Transcript received, 34 pages | |
| 2014-11-10 | Appeal closed | |
| 2014-11-06 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-11-06 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-11-05 |
Judgment on the appeal rendered, CJ Abe Cro Mo Ka Wa Ga, The appeal from the judgment of the Court of Appeal for Ontario, Number C54975, 2013 ONCA 539, dated September 4, 2013, was heard on November 5, 2014, and the Court on that day delivered the following judgment orally: THE CHIEF JUSTICE — For the reasons of Justice Rosenberg in the Court of Appeal, we are all of the view that the appeal should be dismissed. Dismissed |
|
| 2014-11-05 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Her Majesty the Queen |
| 2014-11-05 |
Hearing of the appeal, 2014-11-05, CJ Abe Cro Mo Ka Wa Ga Judgment rendered |
|
| 2014-11-03 | Notice of appearance, John McIness will be present | Her Majesty the Queen |
| 2014-10-30 | Notice of appearance, Solomon Friedman will be present | Christopher Dunn |
| 2014-10-30 | Appeal perfected for hearing | |
| 2014-10-28 | Order on motion to extend time, (by WAGNER J.) | |
| 2014-10-28 |
Decision on motion to extend time, Wa, UPON APPLICATION on behalf of the respondent pursuant to the provisions of Rule 6 of the Rules of the Supreme Court of Canada, for an Order extending the time within which the respondent may serve and file its Factum and Book of Authorities to the 2nd day of October, 2014, and for permission to present oral argument at the hearing of the appeal pursuant to Rule 71(3) of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2014-10-28 | Submission of motion to extend time, Wa | |
| 2014-10-02 | Certificate of counsel (attesting to record) | Her Majesty the Queen |
| 2014-10-02 | Respondent's book of authorities, (3 volumes), Completed on: 2014-10-02 | Her Majesty the Queen |
| 2014-10-02 | Respondent's record, Completed on: 2014-10-02 | Her Majesty the Queen |
| 2014-10-02 | Respondent's factum, Completed on: 2014-10-02 | Her Majesty the Queen |
| 2014-10-02 | Motion to extend time, (Letter Form), to serve and file the respondent's factum (Amended motion received October 24, 2014 to include permission to present oral argument at the hearing of the appeal)., Completed on: 2014-10-02, (Printed version filed on 2014-10-02) | Her Majesty the Queen |
| 2014-09-08 | Notice of hearing sent to parties | |
| 2014-09-05 |
Appeal hearing scheduled, 2014-11-05 Judgment rendered |
|
| 2014-07-30 | Order on motion to extend time, (by the REGISTRAR) | |
| 2014-07-30 |
Decision on motion to extend time, Reg, UPON APPLICATION on behalf of the respondent pursuant to the provisions of Rule 6 for an Order extending the time within which the respondent may serve and file its Factum and Book of Authorities to the 18th day of September, 2014; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2014-07-30 | Submission of motion to extend time, Reg | |
| 2014-07-30 | Order on motion to extend time, (by the REGISTRAR) | |
| 2014-07-30 |
Decision on motion to extend time, Reg, UPON APPLICATION on behalf of the appellant pursuant to the provisions of Rule 6 for an Order extending the time within which the appellant may serve and file its Factum and Book of Authorities to July 8, 2014; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2014-07-30 | Submission of motion to extend time, Reg | |
| 2014-07-25 | Motion to extend time, To file and serve the appellant's documents - Filing fee missing - Rec'd on 2014-08-05, Completed on: 2014-08-05 | Christopher Dunn |
| 2014-07-25 | Response to motion to extend time, (Letter Form), consent , Completed on: 2014-07-25 | Christopher Dunn |
| 2014-07-22 | Motion to extend time, to serve and file Respondent's appeal documents and permission to present oral argument at the hearing, Completed on: 2014-07-22, (Electronic version filed on 2014-07-22) | Her Majesty the Queen |
| 2014-07-08 | Appellant's record, (Book Form), Completed on: 2014-07-08 | Christopher Dunn |
| 2014-07-08 | Appellant's book of authorities, (Book Form), Completed on: 2014-07-14 | Christopher Dunn |
| 2014-07-08 | Appellant's factum, motion for ext. of time required (rec'd 2014-7-25), Completed on: 2014-11-03, (Electronic version filed on 2014-07-14) | Christopher Dunn |
| 2014-03-21 | Notice of appeal, Completed on: 2014-03-21 | Christopher Dunn |
| 2014-02-24 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2014-02-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-02-21 | Judgment on leave sent to the parties | |
| 2014-02-20 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the respondent’s response is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C54975, 2013 ONCA 539, dated September 4, 2013, is granted without costs. Granted, without costs |
|
| 2014-02-20 |
Decision on motion to extend time, see judgment on leave application Granted |
|
| 2014-01-24 | Submission of motion to extend time, LeB Ka Wa | |
| 2014-01-24 | Order on miscellaneous motion | |
| 2014-01-24 |
Decision on the miscellaneous motion, pursuant to Rule 32(2), Reg Granted |
|
| 2014-01-24 | Submission of miscellaneous motion, pursuant to Rule 32(2), Reg | |
| 2014-01-22 | Response to miscellaneous motion, (Letter Form), pursuant to Rule 32(2), Completed on: 2014-01-22 | Christopher Dunn |
| 2014-01-22 | Response to motion to extend time, (Letter Form), Completed on: 2014-01-22 | Christopher Dunn |
| 2014-01-21 | Notice of miscellaneous motion, (Letter Form), Notice of Motion 32 (2) , Completed on: 2014-01-22, (Electronic version filed on 2014-01-22) | Her Majesty the Queen |
| 2014-01-17 | Respondent's response on the application for leave to appeal, (Book Form), motion to extend time and motion 32 (2) filed, Completed on: 2014-01-17, (Electronic version filed on 2014-01-22) | Her Majesty the Queen |
| 2014-01-17 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2014-01-22) | Her Majesty the Queen |
| 2014-01-17 | Motion to extend time, (Letter Form), Motion to extend time to file the Response, Completed on: 2014-01-17, (Electronic version filed on 2014-01-22) | Her Majesty the Queen |
| 2014-01-17 | Supplemental document, (Book Form), Transcript of the decision in the matter of R. v. Christopher Dunn, dated January 10, 2012. | Christopher Dunn |
| 2014-01-17 | Correspondence received from, (Letter Form), Mr. Solomon Friedman, re.: The copy of the transcript included in the Application for Leave to Appeal was not complete, it was missing every second page. | Christopher Dunn |
| 2014-01-06 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-11-05 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-11-04 | Application for leave to appeal, Fees missing (rec'd on 2013-11-22) Oral Hearing Requested pursuant to s. 43 (1.2), Completed on: 2013-11-25 | Christopher Dunn |
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 |
|---|---|---|
| Dunn, Christopher | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Dunn, Christopher
Counsel
200 Elgin Street
Suite 600
Ottawa, Ontario
K2P 1L5
Telephone: (613) 237-2290
FAX: (613) 237-0071
Email: solomon@edelsonlaw.ca
Party: Her Majesty the Queen
Counsel
Roger Shallow
10th Floor, Crown Law Office Criminal
720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4594
FAX: (416) 326-4656
Email: john.mcinnes@jus.gov.on.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
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 - Offences - Elements of offence - Firearms offences - Whether an airgun is a “firearm” or a “weapon” within the meaning of s. 2 of the Criminal Code, R.S.C. 1985, c. C-46.
The appellant was observed and videtaped holding an object resembling a handgun and pointing it in the direction of a wall. A friend was nearby but the evidence does not disclose the location of the friend at the precise time that the appellant pointed the object. The object was an airgun that resembles a 9mm pistol. It fires BB pellets with a muzzle velocity of 261.41 ft/sec. The appellant was charged with pointing a firearm at another person, handling a firearm or imitation thereof in a careless manner, carrying a weapon or imitation thereof for a purpose dangerous to the public peace, and carrying a concealed weapon. The appellant’s friend testified that the appellant never pointed a gun at him and never threatened or intimidated him. The trial judge acquitted the appellant on all charges. The Court of Appeal upheld the acquittal on the charge of pointing a firearm at another person. It set aside the acquittals on the remaining three charges and ordered a new trial.
Lower court rulings
Ontario Superior Court of Justice
C54975
see file
Court of Appeal for Ontario
2013 ONCA 539, C54975
see file
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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