Docket

19758

Owen Lloyd Swain v. Her Majesty the Queen

(Ontario) (Criminal) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
1992-02-04 General proceeding, (To Note) letter dated February 3, 1992 from Mr. Ivan G. Whitehall sent up to Chief Justice Lamer, Justices La Forest, L'Heureux-Dubé, Sopinka, Gonthier, and Cory.
1992-01-02 Correspondence (sent by the Court) to, from Ivan G. Whitehall; re: attached Order in Council (feb. 4/92 is the date that the legisla tion comes into force)
1991-11-13 General proceeding, transcripts received on motion for an extension of the transitional period of 6 months and distribute d to the justices (10 pages)
1991-10-28 Decision on motion for directions, The Chief Justice: (orally) The motion is granted until February 5, with the proviso that for whatever reason the parties may reapply. We will vary the motion to read February 5., CJ LaF L'HD So G Co
Granted, no order as to costs
1991-10-28 Hearing of motion for directions, 1991-10-28, The Chief Justice: (orally) The motion is granted until February 5, with the proviso that for whatever reason the parties may reapply. We will vary the motion to read February 5., CJ LaF L'HD So G Co
1991-10-28 Submission of motion for directions, 1991-10-28, The Chief Justice: (orally) The motion is granted until February 5, with the proviso that for whatever reason the parties may reapply. We will vary the motion to read February 5., CJ LaF L'HD So G Co
1991-10-23 General proceeding, 10 copies of APPLICANT'S FACTUM on the MOTION FOR DIRECTIONS, with service Her Majesty the Queen
1991-10-21 Affidavit, Daniel Préfontaine - 10 copies Attorney General of Canada
1991-10-21 Motion for directions, for an order extending until Feb. 5\92, the period of temporary validity during which s. 542(2) of the Cr.C. continued to be of force and effect - 10 copies Attorney General of Canada
1991-10-04 Affidavit, of Murray D. Segal (10 copies), with service Her Majesty the Queen
1991-10-04 Affidavit, of Henry Tyrell (10 copies), with service Her Majesty the Queen
1991-10-04 Motion for directions, 1) Order extending until January 17, 1992,the period of temporary validity during which s.542(2) [now s.614(2)] of the Criminal Code continues to be of force and effect; and 2) an interim order extending, pending the determination of this Motion, the peri Her Majesty the Queen
1991-09-19 Correspondence (sent by the Court) to, of Robert E. Houston, Q.C. informing that the Attorney General of Ontario is concerned that the legislation to amend the Criminal Code, sec. 542 (2) may not be finalised by November 2, 1991. The Court held that sec. 542(2) would have temporary validity fo
1991-08-29 Record returned to the Registrar of the Court of Appeal, (Tor., Ont.)
1991-05-07 Formal judgment sent to the registrar of the court of appeal and all parties, (Toronto,ON)
1991-05-07 Copy of formal judgment being prepared, Shore, Davis & Perkins-McVey
1991-05-07 Copy of formal judgment being prepared, Ivan G. Whitehall, Q.C. C/O A.G. of Canada (Toronto,ON)
1991-05-07 Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON)
1991-05-07 Copy of formal judgment being prepared, Nelligan, Power (Ottawa,ON)
1991-05-07 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1991-05-07 Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON)
1991-05-02 Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston (Ottaw,ON)
1991-05-02 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1991-05-02 Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa,ON)
1991-05-02 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa,ON)
1991-05-02 Notice of deposit of judgment sent to all parties, Ivan G. Whitehall, Q.C. C/O Dept. of Justice (Toronto,ON)
1991-05-02 Notice of deposit of judgment sent to all parties, Shore, Davis & Perkins-McVey (Ottawa,ON)
1991-05-02 Judgment on the appeal rendered, CJ W LaF L'HD So G Co, The appeal is allowed and a stay of proceedings is entered, L'Heureux-Dubé J. dissenting.
Allowed, no order as to costs
1990-03-02 General proceeding, transcripts received and distributed to the justices(168 pages)
1990-02-19 Hearing of the appeal, 1990-02-19, CJ W LaF L'HD So G Co
Decision reserved
1990-02-15 Order on motion for additional time to present oral argument
1990-02-14 Response to the motion for additional time to present oral argument, for A.G. Cda, with service Her Majesty the Queen
1990-02-13 Book of authorities, 10 copies, with service Her Majesty the Queen
1990-02-13 Book of authorities, 10 copies, vols 1 to 4, with service Lieutenant Governor's Board of Review of Ontario
1990-02-13 Correspondence (sent by the Court) to, re does not consent to A.G. Cda's extenstion of time for oral argument; from Heather Perkins- McVey
1990-02-13 Decision on motion for additional time to present oral argument, to 30 minutes,the appellant is not consentiing to the motion but does not object., LaF
Granted, no order as to costs
1990-02-13 Hearing of motion for additional time to present oral argument, 1990-02-13, to 30 minutes,the appellant is not consentiing to the motion but does not object., LaF
1990-02-13 Submission of motion for additional time to present oral argument, 1990-02-13, to 30 minutes,the appellant is not consentiing to the motion but does not object., LaF
1990-02-12 Response to the motion for additional time to present oral argument, of the Attorney General of Canada Lieutenant Governor's Board of Review of Ontario
1990-02-09 Affidavit, of Barbara Glendinning, with service Attorney General of Canada
1990-02-09 Motion for additional time to present oral argument, 2 copies, with service Attorney General of Canada
1990-02-09 Book of authorities, 10 copies Attorney General of Canada
1990-02-08 Decision on motion to file a lengthy factum, over 20, (32 pages), LaF
Dismissed, no order as to costs
1990-02-08 Hearing of motion to file a lengthy factum, 1990-02-08, over 20, (32 pages), LaF
1990-02-08 Submission of motion to file a lengthy factum, 1990-02-08, over 20, (32 pages), LaF
1990-02-08 Decision on motion to extend time, to amend constitutional question and for an order amending a constitutional question,
1990-02-08 Decision on motion to extend time, to amend a constitutional question and for an order amending a constitutional question,
1990-02-08 Hearing of motion to extend time, 1990-02-08, to amend constitutional question and for an order amending a constitutional question,
Decision reserved
1990-02-08 Submission of motion to extend time, 1990-02-08, to amend constitutional question and for an order amending a constitutional question,
Decision reserved
Traversed, no order as to costs
1990-02-07 Book of authorities, 10 copies of vols 1 to 5, with service Canadian Disability Rights Council
1990-02-06 Intervener's factum, 21 copies (revised Feb. 12\90), with service Lieutenant Governor's Board of Review of Ontario
1990-02-06 Affidavit, to amend a constitutional question and for an order amending constitutional question of Clayton C. Ruby, and Gwen Brodsky., with service Owen Lloyd Swain
1990-02-06 Motion to extend time, to amend a constitutional question and for an order amending a constitutional question,, with service Owen Lloyd Swain
1990-02-06 Affidavit, in support of seeking an amendment to the Constitutional questions of Clayton C. Ruby, Gwen Brodsky and Eric H. Siebenmorgen, with service Owen Lloyd Swain
1990-02-06 General proceeding, notice of motion seeking an amendment to the Constitutional questions, 2 copies, with service Owen Lloyd Swain
1990-02-06 Response to the motion to file a lengthy factum, joint with Respondent Owen Lloyd Swain
1990-02-06 Affidavit, of Paul J. French Lieutenant Governor's Board of Review of Ontario
1990-02-06 Motion to file a lengthy factum, over 20 pages, Lieutenant Governor's Board of Review of Ontario
1990-01-29 Intervener's factum, 21 copies, with service Canadian Disability Rights Council
1990-01-29 Appeal hearing scheduled, 1990-02-19
Decision reserved
1990-01-26 Respondent's factum, 21 copies Her Majesty the Queen
1990-01-24 Notice of withdrawal Attorney General of British Columbia
1990-01-23 Response to miscellaneous motion, With service Her Majesty the Queen
1990-01-23 Decision on miscellaneous motion, for an order extending the time alloted for oral argument and with consent of the respondent provided he be alloted equivilant time., CJ
Granted, no order as to costs
1990-01-23 Hearing of miscellaneous motion, 1990-01-23, for an order extending the time alloted for oral argument and with consent of the respondent provided he be alloted equivilant time., CJ
1990-01-23 Submission of miscellaneous motion, 1990-01-23, for an order extending the time alloted for oral argument and with consent of the respondent provided he be alloted equivilant time., CJ
1990-01-19 Intervener's factum, 22 copies, with service Attorney General of Canada
1990-01-18 Notice of miscellaneous motion, for an order extending the time alloted for oral argument and with consent of the respondent provided he be allotted equivilent time,, with service Owen Lloyd Swain
1990-01-18 Affidavit, of Clayton C. Ruby (2 copies), with service Owen Lloyd Swain
1990-01-18 Notice of miscellaneous motion, 2 copies for an order extending the time allotted for the appellant's oral argument, with service Owen Lloyd Swain
1989-10-16 Service, authorities
1989-10-05 Book of authorities, 21 copies of volumes 1 to 10 (11 copies have been returned to Shore, Davis. Owen Lloyd Swain
1989-07-10 Certified casebook Owen Lloyd Swain
1989-06-22 Appeal perfected for hearing, Session beginning on 1989-10-02
1989-06-19 Appellant's factum, , 21 copies of corrected factum, with service Owen Lloyd Swain
1989-06-13 Decision on motion to file a lengthy factum, (the factum is not to exceed 52 pages)., So
Granted, no order as to costs
1989-06-13 Hearing of motion to file a lengthy factum, 1989-06-13, (the factum is not to exceed 52 pages)., So
1989-06-13 Submission of motion to file a lengthy factum, 1989-06-13, (the factum is not to exceed 52 pages)., So
1989-06-12 Response to the motion to file a lengthy factum Her Majesty the Queen
1989-06-08 Affidavit, , 2 copies Owen Lloyd Swain
1989-06-08 Motion to file a lengthy factum, , 2 copies Owen Lloyd Swain
1988-10-14 Order on motion for leave to intervene
1988-06-16 Decision on the motion for leave to intervene, (Canadian Disability Rights Council,the Canadian Mental Health Association, and the Canadian Assoc. for Community Living to file a factum, and present an oral argument no longer than 20 minutes.), W
Granted, no order as to costs
1988-06-16 Hearing of motion for leave to intervene, 1988-06-16, (Canadian Disability Rights Council,the Canadian Mental Health Association, and the Canadian Assoc. for Community Living to file a factum, and present an oral argument no longer than 20 minutes.), W
1988-06-16 Submission of motion for leave to intervene, 1988-06-16, (Canadian Disability Rights Council,the Canadian Mental Health Association, and the Canadian Assoc. for Community Living to file a factum, and present an oral argument no longer than 20 minutes.), W
1988-06-14 Hearing of motion for leave to intervene, 1988-06-14, on behalf of Canadian Disability Rights Council, Canadian Mental Health Assoc., and Cdn. Assoc. for Community Living,
Decision reserved
1988-06-14 Submission of motion for leave to intervene, 1988-06-14, on behalf of Canadian Disability Rights Council, Canadian Mental Health Assoc., and Cdn. Assoc. for Community Living,
Decision reserved
1988-06-08 Affidavit Canadian Disability Rights Council
1988-06-07 Motion for leave to intervene, 2 copies, with service Canadian Disability Rights Council
1988-04-29 Case on appeal, (20 copies Vol 1-11) Owen Lloyd Swain
1988-03-04 Order on motion for leave to intervene
1988-02-25 Decision on the motion for leave to intervene, La, . Decision re. That the Lieutenant Govenor's Board of Review of Ontario will file a Factum and may pr esent an oral argument no longer than 20 minutes. The intervenant shall assume any additional costs incurred by the parties as a result thereof on a s olicitor client basis.
Granted, no order as to costs
1988-02-25 Hearing of motion for leave to intervene, 1988-02-25, La
1988-02-25 Submission of motion for leave to intervene, 1988-02-25, La
1988-02-24 Appeal court record
1988-02-24 Response to the motion for leave to intervene Owen Lloyd Swain
1988-02-19 Affidavit Lieutenant Governor's Board of Review of Ontario
1988-02-19 Motion for leave to intervene, With service Lieutenant Governor's Board of Review of Ontario
1987-10-28 Notice of constitutional question(s), (1 copy) Owen Lloyd Swain
1987-10-27 Notice of intervention respecting a constitutional question, With service Attorney General of Canada
1987-10-21 Notice of intervention respecting a constitutional question, With service Attorney General of British Columbia
1987-09-25 Order on motion to state a constitutional question
1987-09-25 Decision on the motion to state a constitutional question, for details see Registrar's red book. Interventions by Oct 26/87, CJ
Granted, no order as to costs
1987-09-25 Hearing of the motion to state a constitutional question, 1987-09-25, for details see Registrar's red book. Interventions by Oct 26/87, CJ
1987-09-25 Submission of motion to state a constitutional question, 1987-09-25, for details see Registrar's red book. Interventions by Oct 26/87, CJ
1987-09-21 Correspondence (sent by the Court) to, dated Sep 21/87 from R. Houston re: constituional question
1987-09-15 Correspondence (sent by the Court) to, dated Sep 10/87 from J.M. Malek re: change of date for motion
1987-09-03 Motion to state a constitutional question, With service Owen Lloyd Swain
1987-04-28 Order granting leave to appeal
1987-04-21 Notice of appeal, With service Owen Lloyd Swain
1987-03-26 Judgment of the Court on the application for leave to appeal, E La W
Granted, no order as to costs
1986-11-24 Hearing of the application for leave to appeal, 1986-11-24, E La W
Decision reserved
1986-11-24 All materials on application for leave submitted to the Judges, 1986-11-24, E La W
Decision reserved
1986-11-07 Respondent's response on the application for leave to appeal, (5 copies) Her Majesty the Queen
1986-10-28 Correspondence received from, dated Oct 21/86 Re: Nov 24 hearing
1986-09-12 Application for leave to appeal, (5 copies), Completed on: 1986-09-12 Owen Lloyd Swain
1986-06-06 Motion to extend the time to file and or serve the application for leave to appeal, With service Owen Lloyd Swain
1986-05-06 Notice of application for leave to appeal, With service Owen Lloyd Swain
1986-02-21 Notice of appeal, With service Owen Lloyd Swain