Docket

29670

Her Majesty the Queen v. Walter Tessling

(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)
2005-02-08 Appeal closed
2005-02-07 Record returned to the Registrar of the Court of Appeal
2004-11-01 Judgment on appeal and notice of deposit of judgment sent to all parties
2004-10-29 Judgment on the appeal rendered, Iacobucci and Arbour JJ. took no part in the judgment., CJ Ia Ma Ba Bi Arb LeB De F, The appeal from the judgment of the Court of Appeal for Ontario, Number C36111, dated January 27, 2003, heard on April 16, 2004 is allowed and the conviction restored.
*Iacobucci and Arbour J.J. took no part in the judgment.
Allowed
2004-05-04 Transcript received, (85 pages)
2004-04-16 Judgment reserved OR rendered with reasons to follow
2004-04-16 Respondent's condensed book, 13 copies Walter Tessling
2004-04-16 Acknowledgement and consent for video taping of proceedings, from all parties
2004-04-16 Hearing of the appeal, 2004-04-16, CJ Ia Ma Ba Bi Arb LeB De F
Judgment reserved
2004-04-14 Notice of appearance, Dominique Jobin and Gilles Laporte will be present at hearing. Attorney General of Québec
2004-04-05 Order by, Ba, UPON APPLICATIONS by the Attorney General of Ontario, the Attorney General of Quebec and the Canadian Civil Liberties Association, for leave to intervene in the above appeal and pursuant to the order of February 4, 2004;
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.
Granted
2004-04-05 Order on motion to extend time
2004-04-05 Decision on motion to extend time, to serve and file the intervener, the Attorney General of Ontario's, factum to March 29/04 and book of authorities to March 31/04 and to present an oral argument, Ba
Granted
2004-04-05 Submission of motion to extend time, Ba
2004-03-31 Notice of appearance, J.W. Leising and Morris Pistyner will be present at hearing. Her Majesty the Queen
2004-03-31 Response to motion to extend time, Completed on: 2004-03-31 Walter Tessling
2004-03-31 Response to motion to extend time, Completed on: 2004-03-31 Her Majesty the Queen
2004-03-31 Motion to extend time, to file the intervener's factum to 03/29/04 and the book of authorities to 03/31/04, Completed on: 2004-03-31 Attorney General of Ontario
2004-03-31 Book of authorities, Completed on: 2004-03-31 Attorney General of Ontario
2004-03-29 Notice of appearance, e-mail from Ed Van Bemmel advising that Frank Miller and A. Thomas Costaris will be present at hearing. Walter Tessling
2004-03-29 Intervener's factum, Completed on: 2004-03-29 Attorney General of Ontario
2004-03-26 Order on motion to strike out, (BY FISH J.)
2004-03-26 Decision on motion to strike out, F, UPON APPLICATION by the respondent for an order striking certain paragraphs from the appellant's factum;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
The motion is dismissed.
Dismissed
2004-03-24 Book of authorities, Completed on: 2004-03-24 Canadian Civil Liberties Association
2004-03-24 Intervener's factum, Completed on: 2004-03-24 Canadian Civil Liberties Association
2004-03-24 Book of authorities, Completed on: 2004-03-24 Attorney General of Québec
2004-03-24 Intervener's factum, Completed on: 2004-03-24 Attorney General of Québec
2004-03-19 Notice of hearing sent to parties
2004-03-18 Submission of motion to strike out, F
2004-03-18 Appeal hearing scheduled, 2004-04-16
Judgment reserved
2004-03-16 Reply to motion to strike out, (book form), Completed on: 2004-04-13 Walter Tessling
2004-03-11 Response to motion to strike out, 3 copies, Completed on: 2004-03-11 Her Majesty the Queen
2004-03-02 Motion to strike out, entirely or parts of paragraphs 2,3,4,10,11,16,35,36,79 and 88, Completed on: 2004-03-02 Walter Tessling
2004-02-11 Respondent's record, Completed on: 2004-02-11 Walter Tessling
2004-02-11 Respondent's book of authorities, vol. I to VII, Completed on: 2004-02-11 Walter Tessling
2004-02-11 Respondent's factum, Completed on: 2004-02-11 Walter Tessling
2004-02-11 Appeal perfected for hearing
2004-02-11 Order on motion to adduce new evidence, (BY FISH J.)
2004-02-11 Decision on motion to adduce new evidence, F, I am satisfied that the proposed fresh evidence could not possibly affect the outcome of the appeal to this Court. Accordingly, the motion is dismissed.
Dismissed
2004-02-05 Submission of motion to adduce new evidence, F
2004-02-04 Order on motion for leave to intervene, (BY BASTARACHE J.)
2004-02-04 Decision on the motion for leave to intervene, Ba, The motion for leave to intervene of the applicant, the Canadian Civil Liberties Association, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before March 24, 2004.
The motion for leave to intervene of the applicant, the Attorney General of Quebec, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before March 24, 2004.
The motion to extend the time to apply for leave to intervene and for leave to intervene of the applicant, the Attorney General of Ontario, is granted and the applicant shall be entitled to serve and file a factum not to exceed 30 pages in length on or before March 24, 2004.
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) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention.
Granted
2004-02-04 Submission of motion for leave to intervene, Ba
2004-01-30 Response to the motion for leave to intervene, (fax copy) re: intervention by A.G. Quebec, Completed on: 2004-01-30 Her Majesty the Queen
2004-01-29 Response to the motion for leave to intervene, (Letter Form), from Gowlings dated Jan. 29, 2004 (via e-mail) re: interventions by Ontario, Quebec and CCLA, Completed on: 2004-01-29 Walter Tessling
2004-01-27 Response to the motion for leave to intervene, by A.G. of Ontario, Completed on: 2004-01-27 Her Majesty the Queen
2004-01-22 Response to the motion to adduce new evidence, (bookform), Completed on: 2004-01-22 Walter Tessling
2004-01-16 Response to the motion for leave to intervene, by Canadian Civil Liberties, Completed on: 2004-01-16 Her Majesty the Queen
2004-01-16 Motion for leave to intervene, (extension of time included), Completed on: 2004-01-16 Attorney General of Ontario
2004-01-14 Motion for leave to intervene, Completed on: 2004-01-14 Attorney General of Québec
2004-01-13 Motion for leave to intervene, book form, Completed on: 2004-01-13 Canadian Civil Liberties Association
2004-01-13 Motion to adduce new evidence, (namely affidavits of A. Leatherdale and R. Souccar) - book form (6 copies), Completed on: 2004-01-13 Her Majesty the Queen
2003-12-17 Appellant's book of authorities, (Volumes I and II), Completed on: 2003-12-17 Her Majesty the Queen
2003-12-17 Appellant's record, Completed on: 2003-12-17 Her Majesty the Queen
2003-12-17 Appellant's factum, Completed on: 2003-12-17 Her Majesty the Queen
2003-12-05 Order on motion to adduce new evidence, (BY FISH J.)
2003-12-05 Decision on motion to adduce new evidence, F, I am satisfied that the proposed fresh evidence could not possibly affect the outcome of the appeal to this Court. Accordingly, the motion is dismissed.
Dismissed
2003-12-01 Submission of motion to adduce new evidence, F
2003-11-27 Reply to motion to adduce new evidence, (book form), Completed on: 2003-11-27 Walter Tessling
2003-11-21 Response to the motion to adduce new evidence, book form - 6 copies, Completed on: 2003-11-21 Her Majesty the Queen
2003-11-12 Motion to adduce new evidence, book form, Completed on: 2003-11-12 Walter Tessling
2003-10-08 Appeal court record, (1 box)
2003-09-25 Notice of appeal, Completed on: 2003-09-25 Her Majesty the Queen
2003-09-18 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2003-08-29 Judgment on leave sent to the parties
2003-08-28 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C36111, dated January 27, 2003, is granted.
Granted
2003-06-16 All materials on application for leave submitted to the Judges, Ia Bi LeB
2003-05-09 Letter acknowledging receipt of a complete application for leave to appeal
2003-04-23 Respondent's response on the application for leave to appeal, Completed on: 2003-04-23 Walter Tessling
2003-03-28 Application for leave to appeal, Completed on: 2003-05-09 Her Majesty the Queen