Docket
26500
James Jones v. John Smith
(British Columbia) (Criminal) (By Leave)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1999-04-09 | Notice of deposit of judgment sent to all parties | |
| 1999-04-08 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 1999-04-08 | Copy of formal judgment being prepared | |
| 1999-03-26 | Notice of deposit of judgment sent to all parties | |
| 1999-03-25 | Judgment on the appeal rendered, CJ L'HD G Co McL Ia Ma Ba Bi, The file will be unsealed and the ban on the publication of the contents of the file is removed, except for those parts of the affidavit of Dr. Smith which do not fall within the public safety exception. Subject to this direction the order of the British Columbia Court of Appeal is affirmed and this appeal is dismissed without costs, Lamer C.J. and Major and Binnie JJ. dissenting. Dismissed, without costs |
|
| 1998-10-19 | General proceeding, transcript received and distributed to the justices (74 pages) | |
| 1998-10-08 | Hearing of the appeal, 1998-10-08, CJ L'HD G Co McL Ia Ma Ba Bi Decision reserved |
|
| 1998-10-07 | Book of authorities, Completed on: 1998-10-07 | Southam Inc. |
| 1998-10-07 | Intervener's factum, Completed on: 1998-10-07 | Southam Inc. |
| 1998-10-05 | Decision on miscellaneous motion, CJ L'HD G Co McL Ia Ma Ba Bi, for an in camera hearing is denied. The order of this Court of June 1, 1998 is continued. It provides: "This is a motion to lift the publication ban issued in camera by the Courts below. The motion in this Court was heard in public while the ban was still in effect. Counsel for the media properly conceded that solicitor- client privilege should be preserved pending the outcome of the appeal. In deciding this motion the Court has sought to balance the public interest in freedom of expression and the fairness of the trial, and the need to preserve the solicitor-client privilege pending the disposition of this appeal. The motion is granted in part, to the extent that there may be publication that leave to appeal was granted and that the issue pertains to expert opinion as an exception to solicitor-client privilege." In addition, no use may be made of any information disclosed during the proceedings in this matter, subject to further direction from the Court. The motion to intervene by Southam Inc. is granted. The motion of Southam Inc. for access to the Court file is denied. This order may be published. Dismissed, no order as to costs |
|
| 1998-10-05 | Hearing of miscellaneous motion, 1998-10-05, CJ L'HD G Co McL Ia Ma Ba Bi | |
| 1998-10-05 | Submission of miscellaneous motion, 1998-10-05, CJ L'HD G Co McL Ia Ma Ba Bi | |
| 1998-10-05 | Decision on the motion for leave to intervene, CJ L'HD G Co McL Ia Ma Ba Bi Granted, no order as to costs |
|
| 1998-10-05 | Hearing of motion for leave to intervene, 1998-10-05, CJ L'HD G Co McL Ia Ma Ba Bi | |
| 1998-10-05 | Submission of motion for leave to intervene, 1998-10-05, CJ L'HD G Co McL Ia Ma Ba Bi | |
| 1998-10-02 | Book of authorities, 10 copies re: motion to intervene, with service, Completed on: 1998-10-02 | Southam Inc. |
| 1998-10-01 | Correspondence (sent by the Court) to, from D. Beaulieu to Mackoff & Stevens, re: Video conference in Vancouver, motion scheduled Oct. 5/98EST | |
| 1998-10-01 | Proof of service, of the motion to have the hearing in camera | |
| 1998-10-01 | Affidavit, of Elizabeth Hall | Southam Inc. |
| 1998-10-01 | Motion for leave to intervene, Completed on: 1998-10-01 | Southam Inc. |
| 1998-09-29 | Notice of appearance | James Jones |
| 1998-09-25 | General proceeding, RESPONSE to the motion for the appeal to be held in camera, sent to CJ L'HD G Co McL I Ma Ba Bi, Sept. 25/98 | John Smith |
| 1998-09-24 | $50.00 filing fee for notice of motion, miscellaneous receipt #31218 | James Jones |
| 1998-09-24 | General proceeding, Memorandum of Argument on miscellaneous motion for the appeal to be heard in Camara) | James Jones |
| 1998-09-24 | Affidavit, for the appeal be held in Camara (of Helen J. Roberts) | James Jones |
| 1998-09-24 | Notice of miscellaneous motion, for the appeal be held in CAMERA (10 copies), Completed on: 1998-09-24 | James Jones |
| 1998-09-10 | Correspondence (sent by the Court) to, from Blake, Cassels to A. Roland, letter dated Sept. 10, 1998 (fax copy) re: considering whether to seek leave to intervene | |
| 1998-09-03 | Appeal hearing scheduled, 1998-10-08 Decision reserved |
|
| 1998-09-02 | Notice of hearing | James Jones |
| 1998-08-27 | General proceeding, 24 copies of formal order of C.A. (to be inserted in the appellant's record) | James Jones |
| 1998-08-27 | Proof of service, of the responden'ts factum | |
| 1998-08-26 | Book of authorities, 12 copies, Completed on: 1998-08-26 | John Smith |
| 1998-08-26 | Appeal perfected for hearing, Session beginning on 1998-10-05 | |
| 1998-08-26 | Respondent's factum, 24 copies, Completed on: 1998-08-26 | John Smith |
| 1998-08-25 | Proof of service, of the revised coper page and index to argument record and the revised appellant's factum | |
| 1998-08-17 | Appellant's record, 24 copies, with service, Completed on: 1998-08-17 | James Jones |
| 1998-08-17 | Book of authorities, 12 copies, with service, Completed on: 1998-08-17 | James Jones |
| 1998-08-17 | Appellant's factum, 24 copies, with service, Completed on: 1998-08-17 | James Jones |
| 1998-08-04 | Correspondence (sent by the Court) to, sent to all parties re: Rule 32 | |
| 1998-07-24 | Notice of deposit of security, receipt #2458, with service | |
| 1998-07-24 | Notice of appeal, Completed on: 1998-07-24 | James Jones |
| 1998-07-22 | Order granting leave to appeal | |
| 1998-07-21 | $10.00 fee for depositing security, receipt #30882 | James Jones |
| 1998-07-21 | $500 security deposit paid, receipt #2458 | James Jones |
| 1998-06-23 | Correspondence received from, (by fax) from P. Schabas; hearing of the appeal | Southam Inc. |
| 1998-06-02 | General proceeding, (transcripts received of motion on June 1st, 98) (42 pages) | |
| 1998-06-01 | Book of authorities, 9 copies, Completed on: 1998-06-01 | Southam Inc. |
| 1998-06-01 | Book of authorities, 10 copies, Completed on: 1998-06-01 | John Smith |
| 1998-06-01 | Book of authorities, 10 copies, Completed on: 1998-06-01 | James Jones |
| 1998-06-01 | Decision on motion for leave to intervene, CJ L'HD G Co McL Ia Ma Ba Bi, THE CHIEF JUSTICE (orally): This is a motion to lift the publication ban issued in camera by the courts below. The motion in this Court was heard in public while the ban was still in effect. Counsel for the media properly conceded that solicitor-client privilege should be preserved pending the outcome of the appeal. In deciding this motion the Court has sought to balance the public interest in freedom of expression and the fairness of the trial, and the need to preserve the solicitor-client privilege pending the disposition of this appeal. The motion is granted in part, to the extent that there may be publication that leave to appeal was granted and that the issue pertains to expert opinion as an exception to solicitor-client privilege. Granted, no order as to costs |
|
| 1998-06-01 | Hearing of motion for leave to intervene, 1998-06-01, CJ L'HD G Co McL Ia Ma Ba Bi | |
| 1998-06-01 | Submission of motion for leave to intervene, 1998-06-01, CJ L'HD G Co McL Ia Ma Ba Bi | |
| 1998-06-01 | Judgment of the Court on the application for leave to appeal, CJ L'HD G Co McL Ia Ma Ba Bi Granted, no order as to costs |
|
| 1998-06-01 | Hearing of the application for leave to appeal, 1998-06-01, CJ L'HD G Co McL Ia Ma Ba Bi | |
| 1998-06-01 | All materials on application for leave submitted to the Judges, 1998-06-01, CJ L'HD G Co McL Ia Ma Ba Bi | |
| 1998-06-01 | Order on motion to leave to intervene, CHIEF JUSTICE'S ORDER ON FILE | |
| 1998-05-29 | General proceeding, (memorandum of argument on motion to intervene) - fax copy sent to CJ L'HD G Co McL I Ma Ba Bi, May 29/98 | Southam Inc. |
| 1998-05-28 | Correspondence received from, (by fax) dated May 28/98 from Paul Schabas (Blake, Cassels) re: preparing a memo of argument for the motion | Southam Inc. |
| 1998-05-28 | Affidavit, (of Stephen Bindman) sent to CJ L'HD G Co McL I Ma Ba Bi, May 29/98 | Southam Inc. |
| 1998-05-28 | Motion for leave to intervene, (10 copies received on May 29, 1998) - book form sent to CJ L'HD G Co McL I Ma Ba Bi, May 29/98, with service, Completed on: 1998-05-28 | Southam Inc. |
| 1998-05-12 | Judgment of the Court on the application for leave to appeal, L'HD G Ba Oral hearing ordered, no order as to costs |
|
| 1998-03-31 | Correspondence received from, sent to David W. Scott from Registrar (BY FAX ONLY) | |
| 1998-03-30 | Correspondence received from, from David W. Scott of Scott & Aylen to Registrar, letter dated March 30, 1998 (fax copy) re: Mr. Justice Iacobucci order dated March 9, 1998 sent to L'HD G Ba, Apr. 1/98 | |
| 1998-03-30 | General proceeding, 5 copies of formal order of Supreme Court of B.C. sent to L'HD G Ba, March 30/98 | James Jones |
| 1998-03-20 | All materials on application for leave submitted to the Judges, L'HD G Ba | |
| 1998-03-12 | Respondent's response on the application for leave to appeal, 5 copies, Completed on: 1998-03-12 | John Smith |
| 1998-03-09 | Decision on the miscellaneous motion, for an order that the Court file in the within proceeding be sealed with access restricted to counsel of record, members of this Court and Court staff and for an order banning publication with respect to the within proceeding, Ia Granted, no order as to costs |
|
| 1998-03-09 | Hearing of miscellaneous motion, 1998-03-09, for an order that the Court file in the within proceeding be sealed with access restricted to counsel of record, members of this Court and Court staff and for an order banning publication with respect to the within proceeding, Ia | |
| 1998-03-09 | Submission of miscellaneous motion, 1998-03-09, for an order that the Court file in the within proceeding be sealed with access restricted to counsel of record, members of this Court and Court staff and for an order banning publication with respect to the within proceeding, Ia | |
| 1998-03-06 | General proceeding, (position of the respondent to the applicant's motion) (1 sealed envelope) | John Smith |
| 1998-03-04 | Correspondence received from, from counsel; re: leave application and motion to seal | James Jones |
| 1998-03-04 | Correspondence received from, (by fax) from counsel; re: app. for leave to appeal and motion to seal | James Jones |
| 1998-03-04 | General proceeding, 5 copies of Memorandum of Argument on motion to SEAL | James Jones |
| 1998-03-04 | Affidavit, for an order that the within proceeding be SEALED; H.J.R.; 5 copies | James Jones |
| 1998-03-04 | $50.00 filing fee for a notice of motion, receipt #30205 | James Jones |
| 1998-03-04 | Notice of miscellaneous motion, for an order that the within proceeding be SEALED with access restricted; 5 copies, Completed on: 1998-03-04 | James Jones |
| 1998-03-04 | $50.00 filing fee, receipt #30205 | James Jones |
| 1998-03-04 | Application for leave to appeal, 5 copies (missing T.C. and C.A. Orders), with service, Completed on: 1998-03-20 | James Jones |
- Date modified: