Case information
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37314
Her Majesty the Queen v. Hubert Hunt, et al.
(Newfoundland & Labrador) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2017-05-05 | Transcript received, 51 pages | |
| 2017-05-01 | Appeal closed | |
| 2017-04-26 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-04-26 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-04-25 |
Judgment on the appeal rendered, Abe Mo Ka Wa Ga Côt Br, The appeal from the judgment of the Supreme Court of Newfoundland and Labrador - Court of Appeal, Number 201501H0014, 2016 NLCA 61, dated November 4, 2016, was heard on April 25, 2017 and the Court on that day delivered the following judgment orally: ABELLA J. — A majority of this Court is of the view that the appeal should be allowed substantially for the reasons of Hoegg J.A. Justice Côté would dismiss the appeal substantially for the reasons of the majority in the Court of Appeal. Allowed |
|
| 2017-04-25 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | John King |
| 2017-04-25 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Gary Hillyard |
| 2017-04-25 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | William Parsons |
| 2017-04-25 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Hubert Hunt |
| 2017-04-25 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Her Majesty the Queen |
| 2017-04-25 |
Hearing of the appeal, 2017-04-25, Abe Mo Ka Wa Ga Côt Br Judgment rendered |
|
| 2017-04-12 | Notice of appearance, Lloyd Strickland will be present at the hearing. | Her Majesty the Queen |
| 2017-04-07 | Notice of appearance, Randolph Piercey will be present at the hearing. | William Parsons |
| 2017-04-07 | Notice of appearance, Jonathan Noonan will be present at the hearing. | Gary Hillyard |
| 2017-04-07 | Notice of appearance, John Brooks will be present at the hearing. | John King |
| 2017-03-21 | Notice of appearance, Derek Hogan will be present at the hearing. | Hubert Hunt |
| 2017-03-07 | Order on motion for leave to intervene, by MR. JUSTICE WAGNER | |
| 2017-03-07 |
Decision on the motion for leave to intervene, Wa, UPON APPLICATION by the Attorney General of Ontario, the Director of Public Prosecutions Canada and the Director of Criminal and Penal Prosecutions for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are dismissed. Dismissed |
|
| 2017-03-07 | Submission of motion for leave to intervene, Wa | |
| 2017-03-02 | Appeal perfected for hearing | |
| 2017-03-01 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2017-03-01) | John King |
| 2017-03-01 | Respondent's factum, (Book Form), Completed on: 2017-03-01, (Electronic version filed on 2017-03-01) | John King |
| 2017-02-24 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2017-02-24) | William Parsons |
| 2017-02-24 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2017-02-24) | William Parsons |
| 2017-02-24 | Respondent's book of authorities, (Book Form), Completed on: 2017-02-24, (Electronic version filed on 2017-02-24) | William Parsons |
| 2017-02-24 | Respondent's record, (Book Form), Completed on: 2017-02-24, (Electronic version filed on 2017-02-24) | William Parsons |
| 2017-02-24 | Respondent's factum, (Book Form), Completed on: 2017-02-24, (Electronic version filed on 2017-02-24) | William Parsons |
| 2017-02-24 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2017-02-24) | Gary Hillyard |
| 2017-02-24 | Respondent's factum, (Book Form), Completed on: 2017-02-24, (Electronic version filed on 2017-02-24) | Gary Hillyard |
| 2017-02-22 | Certificate (on limitations to public access) | Hubert Hunt |
| 2017-02-22 | Respondent's book of authorities, (Book Form), Completed on: 2017-02-22 | Hubert Hunt |
| 2017-02-22 | Respondent's factum, (Book Form), Completed on: 2017-02-22 | Hubert Hunt |
| 2017-02-22 | Notice of hearing sent to parties | |
| 2017-02-21 |
Appeal hearing scheduled, 2017-04-25, (previously scheduled for April 21, 2017) Judgment rendered |
|
| 2017-02-15 | Notice of name, (Letter Form), (Electronic version filed on 2017-02-15) | Director of criminal and penal prosecutions |
| 2017-02-15 | Motion for leave to intervene, (Letter Form), Completed on: 2017-02-15, (Electronic version filed on 2017-02-15) | Director of criminal and penal prosecutions |
| 2017-02-15 | Motion for leave to intervene, (Letter Form), Completed on: 2017-02-20, (Electronic version filed on 2017-02-15) | Director of Public Prosecutions of Canada |
| 2017-02-03 | Motion for leave to intervene, (Letter Form), Completed on: 2017-02-03, (Electronic version filed on 2017-02-03) | Attorney General of Ontario |
| 2017-01-18 | Certificate of counsel (attesting to record), (Book Form), (Included in the appellant's record), (Electronic version filed on 2017-01-18) | Her Majesty the Queen |
| 2017-01-18 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2017-01-18) | Her Majesty the Queen |
| 2017-01-18 | Appellant's record, (Book Form), (3 volumes), Proof of service and 1 copie missing (both received on 2017-01-26)., Completed on: 2017-01-26, (Electronic version filed on 2017-01-18) | Her Majesty the Queen |
| 2017-01-18 | Appellant's book of authorities, (Book Form), Proof of service missing (received 2017-01-26), Completed on: 2017-01-26, (Electronic version filed on 2017-01-18) | Her Majesty the Queen |
| 2017-01-18 | Appellant's factum, (Book Form), Proof of service missing (received on 2017-01-26), Completed on: 2017-01-26, (Electronic version filed on 2017-01-18) | Her Majesty the Queen |
| 2016-12-21 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2016-11-28 | Letter acknowledging receipt of a notice of appeal | |
| 2016-11-24 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2016-11-24 | Notice of appeal, Completed on: 2016-11-24 | 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 |
|---|---|---|
| Hunt, Hubert | Respondent | Active |
| Parsons, William | Respondent | Active |
| Hillyard, Gary | Respondent | Active |
| King, John | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
4th Floor, Atlantic Place
215 Water Street
St. John's, Newfoundland & Labrador
A1C 6C9
Telephone: (709) 729-4299
FAX: (709) 729-1135
Email: lstrickland@gov.nl.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Hunt, Hubert
Counsel
251 Empire Avenue
Suite 300
St. John's, Newfoundland & Labrador
A1C 3H9
Telephone: (709) 753-7860
FAX: (709) 753-0026
Email: derekhogan@legalaid.nl.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Parsons, William
Counsel
268 Duckworth Street
St. John's, Newfoundland & Labrador
A1C 1H3
Telephone: (709) 722-6610
FAX: (709) 722-1705
Email: rjpiercey@noonanpiercey.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Hillyard, Gary
Counsel
339 Duckworth Street
P.O.Box 5303
St. John's, Newfoundland & Labrador
A1C 5W1
Telephone: (709) 726-9598
FAX: (709) 726-9614
Email: jnoonan@noonanpiercey.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: King, John
Counsel
79 Bond Street
St. John's, Newfoundland & Labrador
A1C 1T2
Telephone: (709) 722-8794
Email: johnbrookslawoffice@bellaliant.net
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.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.
Charter of Rights - Criminal law - Abuse of process - Pre-charge delay - Whether the pre-charge delay amounted to an abuse of process and therefore a breach of the respondents’ s. 7 Charter rights - If yes, whether a stay of proceedings was the appropriate remedy.
The respondents were charged with fraud, conspiracy to commit fraud, falsifying books and documents, and circulating a false prospectus. It is alleged that their business sold or transferred equipment that had been used to secure loans without informing or paying the creditors and falsified documents and the books. The business’ bankruptcy led creditors to bear approximately 93 million dollars in losses. The application judge stayed the charges on the basis that the pre-charge delay had breached the respondents’ s. 7 Charter rights. A majority of the Court of Appeal dismissed the appeal. It found that the application judge provided ample basis for concluding that the pre-charge delay that occurred amounted to an abuse of process, and that while the judge did not conduct his analysis using the three-step approach mandated by R. v. Babos, 2014 SCC 16, [2014] 1 S.C.R. 309, he nevertheless applied the necessary elements of that test. Hoegg J.A., dissenting, would have allowed the appeal and remitted the matter for trial.
Lower court rulings
Supreme Court of Newfoundland & Labrador, Trial Division
Charges of fraud, of conspiracy to commit fraud, of falsifying books and documents, and of circulating a false prospectus stayed
Supreme Court of Newfoundland and Labrador - Court of Appeal
201501H0014, 2016 NLCA 61
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
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