Docket

31546

Robert Albert Gibson v. Her Majesty the Queen

(Nova Scotia) (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)
2008-04-21 Appeal closed
2008-04-18 Formal judgment sent to the registrar of the court of appeal and all parties
2008-04-18 Judgment on appeal and notice of deposit of judgment sent to all parties
2008-04-17 Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 237840, 2006 NSCA 51, dated April 28, 2006, and the appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 0401-0297-A, 2006 ABCA 177, dated June 15, 2006, heard on October 15, 2007, are dismissed. Mr. Gibson’s order for a new trial is confirmed and Mr. MacDonald’s conviction is upheld. Binnie and Deschamps JJ. are dissenting.
Dismissed
2007-10-30 Transcript received, (41 pages)
2007-10-15 Judgment reserved OR rendered with reasons to follow
2007-10-15 Respondent's condensed book, Submitted in Court (14 copies) Her Majesty the Queen
2007-10-15 Appellant's condensed book, Submitted in Court (14 copies) Robert Albert Gibson
2007-10-15 Acknowledgement and consent for video taping of proceedings, From all parties
2007-10-15 Hearing of the appeal, 2007-10-15, CJ Ba Bi LeB De F Abe Cha Ro
Judgment reserved
2007-10-03 Notice of appearance, Stanley W. MacDonald and Joshua M. Arnold will be present at the hearing Robert Albert Gibson
2007-10-02 Notice of appearance, William Delaney and Frank Hoskins will be present at the hearing. Her Majesty the Queen
2007-09-27 Notice of appearance, Philip Perlmutter and James Palangio will be present at the hearing. Attorney General of Ontario
2007-09-10 Correspondence received from, M.-F. Major dated Sept. 10/07 re: enclosing missing pages from Tab 4 of the Record (pages sent to the judges Sept. 11/07) Robert Albert Gibson
2007-09-06 Order by, Ro, (Joint with 31613, MacDonald v. R.) FURTHER TO THE ORDERS dated May 14 and June 4, 2007, in which Rothstein J. granted leave to intervene to the Attorney General of Ontario;
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 these appeals.
Granted
2007-08-23 Correspondence received from, joint with #31613, Mr. Perlmutter dated aug-20-07, re: page 6 change in intervener's factum; c.c. to the parties (sent to the court aug-23-07) Attorney General of Ontario
2007-08-20 Notice of hearing sent to parties
2007-08-20 Appeal hearing scheduled, 2007-10-15
Judgment reserved
2007-07-06 Intervener's book of authorities, (Joint with 31613), Completed on: 2007-07-06 Attorney General of Ontario
2007-07-06 Intervener's factum, (Joint with 31613), Completed on: 2007-07-06 Attorney General of Ontario
2007-07-03 General proceeding, (notice of change of agent)(from McLaren Corlett to Gowlings) Her Majesty the Queen
2007-06-05 Appeal perfected for hearing
2007-06-04 Order on motion for leave to intervene, (BY ROTHSTEIN J.)
2007-06-04 Decision on the motion for leave to intervene, Ro, 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 single joint factum not to exceed 20 pages in length with the appeal Martin Foster MacDonald v. Her Majesty the Queen (31613).
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 raise new issues or 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 its intervention.
Granted
2007-06-04 Submission of motion for leave to intervene, Ro
2007-06-01 Respondent's record, Completed on: 2007-06-01 Her Majesty the Queen
2007-06-01 Respondent's book of authorities, Completed on: 2007-06-01 Her Majesty the Queen
2007-06-01 Respondent's factum, CD returned, rec'd June 15, 2007, Completed on: 2007-06-15 Her Majesty the Queen
2007-05-17 Response to the motion for leave to intervene, (Letter Form), from S. Grace dated May 17, 2007 (fax copy), Completed on: 2007-05-17 Her Majesty the Queen
2007-05-16 Response to the motion for leave to intervene, e-mail from Marie-France Major dated May 16/07, Completed on: 2007-05-16 Robert Albert Gibson
2007-04-30 Motion for leave to intervene, Completed on: 2007-04-30 Attorney General of Ontario
2007-04-10 Appellant's record, Completed on: 2007-04-10 Robert Albert Gibson
2007-04-10 Appellant's book of authorities, Completed on: 2007-04-10 Robert Albert Gibson
2007-04-10 Appellant's factum, Completed on: 2007-04-10 Robert Albert Gibson
2007-01-15 Notice of appeal, Completed on: 2007-01-15 Robert Albert Gibson
2007-01-02 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2006-12-15 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2006-12-15 Judgment on leave sent to the parties
2006-12-14 Judgment of the Court on the application for leave to appeal, The application for an extension of time and the application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 237840, 2006 NSCA 51, dated April 28, 2006, are granted. The appeal is to be heard with Martin Foster MacDonald v. Her Majesty the Queen (31613)
Granted
2006-12-14 Decision on motion to extend time to file and /or serve the leave application
Granted
2006-10-30 All materials on application for leave submitted to the Judges, CJ Cha Ro
2006-10-30 Submission of motion to extend time to file and/ or serve the leave application, CJ Cha Ro
2006-10-04 Applicant's reply to respondent's argument, Completed on: 2006-10-04 Robert Albert Gibson
2006-09-27 Respondent's response on the application for leave to appeal, Completed on: 2006-09-27 Her Majesty the Queen
2006-08-18 Order on motion to extend time
2006-08-18 Decision on motion to extend time, to serve and file the respondent's response to Sept. 29/06, DeRg
Granted
2006-08-17 Submission of motion to extend time, DeRg
2006-08-15 Response to motion to extend time, (Letter Form), from Michael S. Taylor dated July 28/06, Completed on: 2006-08-15 Robert Albert Gibson
2006-08-15 Motion to extend time, to file the respondent's response to Sept. 29/06, Completed on: 2006-08-15 Her Majesty the Queen
2006-07-27 Letter acknowledging receipt of an incomplete application for leave to appeal
2006-07-26 Motion to extend the time to file and or serve the application for leave to appeal, Included in Leave Application., Completed on: 2006-07-27 Robert Albert Gibson
2006-07-26 Application for leave to appeal, Trial Court order missing - confirmed with counsel on July 31/06 that there is no order available, Completed on: 2006-07-31 Robert Albert Gibson