Docket
31613
Martin Foster MacDonald v. Her Majesty the Queen
(Alberta) (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) |
|---|---|---|
| 2008-10-16 | 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, (46 pages) | |
| 2007-10-15 | Judgment reserved OR rendered with reasons to follow | |
| 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 |
|
| 2007-10-12 | Notice of appearance, Alan D. Gold will be present at the hearing. | Martin Foster MacDonald |
| 2007-10-11 | Appellant's book of authorities, (Supplementary), Submitted in Court (14 copies), Completed on: 2007-10-11 | Martin Foster MacDonald |
| 2007-10-02 | Notice of appearance, David Marriott and Eric Tolpannen 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 |
| 2007-08-23 | Correspondence received from, joint with #31546, 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 |
|
| 2007-08-02 | Appellant's book of authorities, (SUPPLEMENTARY), Completed on: 2007-08-02 | Martin Foster MacDonald |
| 2007-07-18 | Order by, Ro, (Revised Sept. 6/07)(Joint with 31546, Gibson 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 |
|
| 2007-07-06 | Intervener's book of authorities, (Joint with 31546), Completed on: 2007-07-06 | Attorney General of Ontario |
| 2007-07-06 | Intervener's factum, (Joint with 31546, amended CD rec'd Aug. 23/07), Completed on: 2007-07-23 | Attorney General of Ontario |
| 2007-06-18 | Order on motion to extend time | |
| 2007-06-18 | Decision on motion to extend time, to serve and file the respondent's factum, record and book of authorities to June 4/07 and to present oral argument at the hearing of the appeal, F Granted |
|
| 2007-06-15 | Submission of motion to extend time, F | |
| 2007-06-15 | Response to motion to extend time, Completed on: 2007-06-15 | Martin Foster MacDonald |
| 2007-06-04 | Motion to extend time, to file the factum and authorities to June 4, 2007, Completed on: 2007-06-04 | Her Majesty the Queen |
| 2007-06-04 | Respondent's book of authorities, (service rec'd June 5/07), Completed on: 2007-06-07 | Her Majesty the Queen |
| 2007-06-04 | Respondent's factum, (service rec'd June 5/07), Completed on: 2007-06-06 | Her Majesty the Queen |
| 2007-05-25 | Appeal perfected for hearing | |
| 2007-05-14 | Letter sent to Intervener(s) | |
| 2007-05-14 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | |
| 2007-05-14 | 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 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 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 |
|
| 2007-05-10 | Submission of motion for leave to intervene, Ro | |
| 2007-05-02 | Response to the motion for leave to intervene, e-mail from Gowlings dated May 2/07, Completed on: 2007-05-02 | Her Majesty the Queen |
| 2007-05-01 | Response to the motion for leave to intervene, e-mail from Gold & Ass. dated May 1/02, Completed on: 2007-05-02 | Martin Foster MacDonald |
| 2007-04-19 | Motion for leave to intervene, Completed on: 2007-04-30 | Attorney General of Ontario |
| 2007-03-30 | Appellant's record, Completed on: 2007-03-30 | Martin Foster MacDonald |
| 2007-03-30 | Appellant's book of authorities, Completed on: 2007-03-30 | Martin Foster MacDonald |
| 2007-03-30 | Appellant's factum, Completed on: 2007-03-30 | Martin Foster MacDonald |
| 2007-01-08 | Notice of appeal, Completed on: 2007-01-08 | Martin Foster MacDonald |
| 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 leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 0401-0297-A, 2006 ABCA 177, dated June 15, 2006, is granted. The appeal is to be heard with Robert Albert Gibson v. Her Majesty the Queen (31546). Granted |
|
| 2006-10-30 | All materials on application for leave submitted to the Judges, CJ Cha Ro | |
| 2006-10-24 | Correspondence received from, Alan Gold dated October 23, 2006. Re: 6 copies of judgment in Bray (2006 S.J. No. 631). | Martin Foster MacDonald |
| 2006-10-18 | Applicant's reply to respondent's argument, Completed on: 2006-10-18 | Martin Foster MacDonald |
| 2006-10-10 | Book of authorities | Her Majesty the Queen |
| 2006-10-10 | Respondent's response on the application for leave to appeal, Completed on: 2006-10-10 | Her Majesty the Queen |
| 2006-09-13 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2006-09-12 | Application for leave to appeal, (CA Reasons rec'd Sept. 13/06), Completed on: 2006-09-13 | Martin Foster MacDonald |
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