Docket

30021

Her Majesty the Queen v. René Luther Hamilton

(Alberta) (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)
2005-10-21 Record returned to the Registrar of the Court of Appeal
2005-08-02 Appeal closed
2005-08-02 Judgment on appeal and notice of deposit of judgment sent to all parties
2005-07-29 Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0103-0394-A3, dated August 27, 2003, heard on January 14, 2005 is allowed on the count for counselling fraud and a new trial is ordered on that count, Major, Abella and Charron JJ., dissenting. The appeal is dismissed in relation to the three remaining counts.
Allowed in part
2005-01-24 Transcript received, 71 pages
2005-01-14 Judgment reserved OR rendered with reasons to follow
2005-01-14 Respondent's condensed book, Submitted in Court (14 copies) René Luther Hamilton
2005-01-14 Appellant's condensed book, Submitted in Court (14 copies) Her Majesty the Queen
2005-01-14 Acknowledgement and consent for video taping of proceedings, From all parties
2005-01-14 Hearing of the appeal, 2005-01-14, CJ Ma Ba Bi LeB De F Abe Cha
Judgment reserved
2005-01-10 Order on motion to extend time, (BY ABELLA J.)
2005-01-10 Decision on motion to extend time, Abe, The motion of the intervener, the Attorney General of Ontario, for an order extending the time to serve and file its factum to January 6, 2005 and its book of authorities to January 7, 2005, is granted.
The said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of this appeal.
Granted
2005-01-10 Submission of motion to extend time, Abe
2005-01-10 Order by, Abe, UPON APPLICATION by the Canadian Civil Liberties Association for leave to intervene in the above appeal and pursuant to the order of October 14, 2004;
IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.
Granted
2005-01-10 Response to motion to extend time, (Letter Form), F. Kirk MacDonald (by fax), Completed on: 2005-01-10 René Luther Hamilton
2005-01-07 Book of authorities, Completed on: 2005-01-07 Attorney General of Ontario
2005-01-07 Motion to extend time, to file its factum to Jan. 6/05 and its authorities to Jan. 7/05, Completed on: 2005-01-07 Attorney General of Ontario
2005-01-06 Intervener's factum, Completed on: 2005-01-06 Attorney General of Ontario
2005-01-05 Notice of appearance, Andrew Lokan will be present at hearing. Canadian Civil Liberties Association
2005-01-04 Notice of appearance, F. Kirk MacDonald will be present at the hearing. René Luther Hamilton
2004-12-21 Reply factum on appeal, Completed on: 2004-12-21 Her Majesty the Queen
2004-12-10 Book of authorities, Completed on: 2004-12-10 Canadian Civil Liberties Association
2004-12-09 Intervener's factum, (24 copies), Completed on: 2004-12-09 Canadian Civil Liberties Association
2004-12-08 Notice of appearance, James C. Robb, Q.C. and Steven M. Bilodeau will be present at hearing. Her Majesty the Queen
2004-11-25 Notice of hearing sent to parties
2004-11-25 Appeal hearing scheduled, 2005-01-14, (previously Dec. 17/04)
Judgment reserved
2004-10-21 Order on motion to extend time, (BY SILBERMAN ABELLA J.)
2004-10-21 Decision on motion to extend time, to serve and file a reply to the intervention, Abe
Granted
2004-10-21 Order on motion for leave to intervene, (BY SILBERMAN ABELLA J.)
2004-10-21 Decision on the motion for leave to intervene, Abe, The motion 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 20 pages. The motion to extend the time to serve and file a reply on the motion for leave to intervene is granted.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener.
The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention.
Granted
2004-10-20 Submission of motion to extend time, Abe
2004-10-20 Submission of motion for leave to intervene, Abe
2004-10-15 Reply to the motion for leave to intervene, Completed on: 2004-10-15 Attorney General of Ontario
2004-10-15 Motion to extend time, to serve & file the reply to the response of Rene Luther Hamilton, Completed on: 2004-10-15 Attorney General of Ontario
2004-10-14 Order on motion for leave to intervene, (BY ABELLA J.)
2004-10-14 Decision on the motion for leave to intervene, Abe, The motion for leave to intervene of the applicant, Canadian Civil Liberties Association, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener.
The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention.
IT IS HEREBY ORDERED THAT:
The appellant is granted permission to file a 20 page reply factum within 20 days from the service of the intervener's factum.
Granted
2004-10-14 Submission of motion for leave to intervene, Abe
2004-10-13 Reply to the motion for leave to intervene, Completed on: 2004-10-13 Canadian Civil Liberties Association
2004-10-13 Response to the motion for leave to intervene, (Letter Form), Completed on: 2004-10-13 René Luther Hamilton
2004-10-12 Response to the motion for leave to intervene, Completed on: 2004-10-12 Her Majesty the Queen
2004-09-30 Motion to extend time, to file the motion to intervene to Sept. 30, 2004 (joint), Completed on: 2004-09-30 Canadian Civil Liberties Association
2004-09-30 Motion for leave to intervene, book form (joint with extension of time), Completed on: 2004-09-30 Canadian Civil Liberties Association
2004-08-26 Response to the motion for leave to intervene, Completed on: 2004-08-26 René Luther Hamilton
2004-08-18 Response to the motion for leave to intervene, (Letter Form), from Steven Bilodeau dated 08/16/04, Completed on: 2004-08-18 Her Majesty the Queen
2004-08-18 Motion for leave to intervene, Completed on: 2004-08-18 Attorney General of Ontario
2004-08-16 Appeal perfected for hearing
2004-08-13 Respondent's book of authorities, Completed on: 2004-08-13 René Luther Hamilton
2004-08-13 Respondent's factum, Completed on: 2004-08-13 René Luther Hamilton
2004-08-11 Trial court exhibits, (1 box)
2004-08-11 Appeal court record, (1 box joint with 1 box of exhibits)
2004-06-18 Appellant's book of authorities, (Vol. I, II) Supplemental authorities received Dec. 22, 2004., Completed on: 2004-06-18 Her Majesty the Queen
2004-06-18 Appellant's factum, Completed on: 2004-06-18 Her Majesty the Queen
2004-06-09 Appellant's record, (Vol. I, II, III), Completed on: 2004-06-09 Her Majesty the Queen
2004-04-23 Notice of appeal, (Service rec'd May 5/04), Completed on: 2004-04-23 Her Majesty the Queen
2004-04-16 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2004-04-02 Judgment on leave sent to the parties
2004-04-01 Judgment of the Court on the application for leave to appeal, The applications for an extension of time and the application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 0103-0394-A3, dated August 27, 2003, are granted.
Granted
2004-04-01 Decision on motion to extend time to file and /or serve the leave application, Ba LeB De, The applications for an extension of time is granted.
Granted
2004-03-01 All materials on application for leave submitted to the Judges, Ba LeB De
2004-03-01 Submission of motion to extend time, to serve and file the response, Ba LeB De
2004-03-01 Submission of motion to extend time to file and/ or serve the leave application, Ba LeB De
2004-01-15 Response to motion to extend time, (Letter Form), from J. Robb dated Jan. 7, 2004 (fax copy)(included in the response), Completed on: 2004-01-15 Her Majesty the Queen
2004-01-15 Motion to extend time, to file the response to Jan. 15, 2004 (joint), Completed on: 2004-01-15 René Luther Hamilton
2004-01-15 Respondent's response on the application for leave to appeal, (joint with motion to extend the time), Completed on: 2004-01-15 René Luther Hamilton
2003-11-12 Letter acknowledging receipt of a complete application for leave to appeal
2003-10-30 Motion to extend the time to file and or serve the application for leave to appeal, (included in the leave application), Completed on: 2003-10-30 Her Majesty the Queen
2003-10-30 Application for leave to appeal, (extension of time included) (copies of the T.C. & C.A. reasons - originals rec'd Nov.5/03), Completed on: 2003-11-04 Her Majesty the Queen