Docket

32208

Matthew Miazga v. Estate of Dennis Kvello (by his personal representative, Diane Kvello), et al.

(Saskatchewan) (Civil) (By Leave)

(Publication ban in case) (Publication ban on party)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2009-11-09 Appeal closed
2009-11-09 Formal judgment sent to the registrar of the court of appeal and all parties
2009-11-09 Judgment on appeal and notice of deposit of judgment sent to all parties
2009-11-06 Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal for Saskatchewan, Number 877, 884, 2007 SKCA 57, dated May 30, 2007, heard on December 12, 2008, is allowed and the action is dismissed.
Allowed
2009-01-06 Transcript received, (99 pages)
2008-12-12 Judgment reserved OR rendered with reasons to follow
2008-12-12 Intervener's condensed book, Submitted in court (14 copies) Attorney General of New Brunswick
2008-12-12 Intervener's condensed book, Submitted in Court (14 copies) Attorney General of Nova Scotia
2008-12-12 Intervener's condensed book, Submitted in Court (14 copies) Attorney General of Quebec and Director of Criminal and Penal Prosecutions of Quebec
2008-12-12 Respondent's condensed book, Submitted in Court (14 copies) Estate of Dennis Kvello (by his personal representative, Diane Kvello)
2008-12-12 Appellant's condensed book, Submitted in Court (14 copies) Matthew Miazga
2008-12-12 Acknowledgement and consent for video taping of proceedings, From all parties
2008-12-12 Hearing of the appeal, 2008-12-12, CJ Bi LeB De F Abe Cha
Judgment reserved
2008-12-05 Notice of appearance, Michele Smith will be present at the hearing. Attorney General of Ontario
2008-12-02 Notice of appearance, Joyce DeWitt-Van Oosten and Tara Callan will be present at the hearing. Attorney General of British Columbia
2008-12-02 Notice of appearance, Eugene Szach will be present at the hearing. Attorney General of Manitoba
2008-12-02 Notice of appearance, Kate Bridgett will not be present at the hearing. Attorney General of Alberta
2008-11-26 Notice of appearance, Jerome Tholl will be present at the hearing. Attorney General of Saskatchewan
2008-11-26 Notice of appearance, James Gumpert and Mark Scott will be present at the hearing. Attorney General of Nova Scotia
2008-11-25 Notice of appearance, Michael Tochor and Gregory Fingas will be present at the hearing. Matthew Miazga
2008-11-25 Notice of appearance, Confirmed by phone that Richard Klassen will be alone at the hearing. Richard Klassen
2008-11-25 Notice of appearance, Brad Berg, Allison Thornton and Shashu Clacken will be present at the hearing. Canadian Civil Liberties Association
2008-11-24 Notice of appearance, Edward Holgate will be present at the hearing. Estate of Dennis Kvello (by his personal representative, Diane Kvello)
2008-11-24 Notice of appearance, Louis Sokolov and Colleen Bauman will be present at the hearing. Association in Defence of the Wrongly Convicted
2008-11-24 Notice of appearance, Sean Dewart will be present at the hearing. Criminal Lawyers Association (Ontario)
2008-11-21 Notice of appearance, John Walsh will be present at the hearing. Attorney General of New Brunswick
2008-11-20 Notice of appearance, Rec'd from Noel & Ass. by fax re: Sophie Cliche, Lizann Demers, Rachel Boivin Attorney General of Quebec and Director of Criminal and Penal Prosecutions of Quebec
2008-11-17 Order on miscellaneous motion
2008-11-17 Decision on miscellaneous motion, accepting the intervener, Attorney General of Alberta's book of authorities as filed, namely without consecutively numbered pages, DeRg
Granted
2008-11-17 Order by, Cha, FURTHER TO THE ORDERS dated August 28 and October 9, 2008, granting leave to intervene to the Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Quebec and the Director of Criminal and Penal Prosecutions of Quebec, the Attorney General of Nova Scotia, the Attorney General of New Brunswick, the Attorney General of Manitoba, the Attorney General of British Columbia, the Attorney General of Saskatchewan, the Attorney General of Alberta, the Canadian Association of Crown Counsel, the Association in Defence of the Wrongfully Convicted, the Canadian Civil Liberties Association and the Criminal Lawyers Association (Ontario);
IT IS HEREBY FURTHER ORDERED THAT the Attorney General of British Columbia, the Attorney General of New Brunswick, the Attorney General of Manitoba, the Criminal Lawyers Association (Ontario), the Association in Defence of the Wrongfully Convicted and the Canadian Association of Crown Counsel are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
AND IT IS HEREBY FURTHER ORDERED THAT the Attorney General of Quebec and the Director of Criminal and Penal Prosecutions of Quebec, the Attorney General of Nova Scotia and the Canadian Civil Liberties Association are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
AND IT IS HEREBY FURTHER ORDERED THAT the Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Saskatchewan and and Attorney General of Alberta are denied permission to present oral argument at the hearing of the appeal.
Allowed in part
2008-11-14 Submission of miscellaneous motion, DeRg
2008-11-05 Intervener's book of authorities, (2 volumes), Completed on: 2008-11-05 Criminal Lawyers Association (Ontario)
2008-11-05 Intervener's factum, Completed on: 2008-11-05 Criminal Lawyers Association (Ontario)
2008-11-05 Intervener's book of authorities, Service of Kari and Diane Klassen rec'd Nov. 13/08, Completed on: 2008-11-19 Canadian Civil Liberties Association
2008-11-05 Intervener's factum, Service of Kari and Diane Klassen rec'd Nov. 13/08, Completed on: 2008-11-19 Canadian Civil Liberties Association
2008-11-04 Notice of appearance, Paul Cavalluzzo and Stephen Moreau will be present at the hearing. Canadian Association of Crown Counsel
2008-10-30 Response to miscellaneous motion, e-mail from Gowlings dated Oct. 30/08, Completed on: 2008-10-30 Matthew Miazga
2008-10-29 Notice of miscellaneous motion, to accept the intervener's book of authorities as filed namely without consecutively numbered pages, Completed on: 2008-10-29 Attorney General of Alberta
2008-10-23 Intervener's book of authorities, Completed on: 2008-10-23 Attorney General of Canada
2008-10-23 Intervener's factum, Completed on: 2008-10-23 Attorney General of Canada
2008-10-23 Intervener's book of authorities, Completed on: 2008-10-23 Attorney General of Ontario
2008-10-23 Intervener's factum, Completed on: 2008-10-23 Attorney General of Ontario
2008-10-23 Intervener's book of authorities, Completed on: 2008-10-23 Attorney General of British Columbia
2008-10-23 Intervener's factum, Missing service on Klassen - Rec'd on November 4, 2008, Completed on: 2008-11-04 Attorney General of British Columbia
2008-10-23 Intervener's book of authorities, Completed on: 2008-10-23 Attorney General of Alberta
2008-10-23 Intervener's factum, Completed on: 2008-10-23 Attorney General of Alberta
2008-10-23 Intervener's book of authorities, (2 volumes), Completed on: 2008-10-23 Association in Defence of the Wrongly Convicted
2008-10-23 Intervener's factum, Completed on: 2008-10-23 Association in Defence of the Wrongly Convicted
2008-10-23 Intervener's book of authorities, Completed on: 2008-10-23 Canadian Association of Crown Counsel
2008-10-23 Intervener's factum, Completed on: 2008-10-23 Canadian Association of Crown Counsel
2008-10-22 Intervener's book of authorities, Completed on: 2008-10-22 Attorney General of Manitoba
2008-10-22 Intervener's factum, Completed on: 2008-10-22 Attorney General of Manitoba
2008-10-21 Intervener's book of authorities, Completed on: 2008-10-21 Attorney General of Quebec and Director of Criminal and Penal Prosecutions of Quebec
2008-10-21 Intervener's factum, Completed on: 2008-10-21 Attorney General of Quebec and Director of Criminal and Penal Prosecutions of Quebec
2008-10-20 Intervener's book of authorities, Completed on: 2008-10-20 Attorney General of Saskatchewan
2008-10-20 Intervener's factum, Completed on: 2008-10-20 Attorney General of Saskatchewan
2008-10-17 Intervener's book of authorities, Completed on: 2008-10-17 Attorney General of New Brunswick
2008-10-17 Intervener's factum, Completed on: 2008-10-17 Attorney General of New Brunswick
2008-10-17 Correspondence received from, Ms. Bauman by fax, dated Oct. 17/08 re: correction on name Association in Defence of the Wrongly Convicted
2008-10-16 Intervener's book of authorities, Completed on: 2008-10-16 Attorney General of Nova Scotia
2008-10-16 Intervener's factum, Completed on: 2008-10-16 Attorney General of Nova Scotia
2008-10-09 Letter sent to Intervener(s)
2008-10-09 Order on motion for leave to intervene, (BY CHARRON J.)
2008-10-09 Decision on the motion for leave to intervene, Cha, The motions for an extension of time to apply for leave to intervene and for leave to intervene of the Canadian Civil Liberties Association and the Criminal Lawyers Association (Ontario) are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before November 6, 2008.
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) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their intervention.
Granted
2008-10-09 Submission of motion for leave to intervene, Cha
2008-10-03 Response to the motion for leave to intervene, e-mail from Gowlings dated Oct. 3/08 (by CCLA and CLA), Completed on: 2008-10-03 Matthew Miazga
2008-10-03 Motion for leave to intervene, (joint with an extension of time), Completed on: 2008-10-03 Criminal Lawyers Association (Ontario)
2008-09-23 Motion for leave to intervene, (including an extensiono of time), Completed on: 2008-09-23 Canadian Civil Liberties Association
2008-08-29 Letter sent to Intervener(s)
2008-08-28 Order on motion for leave to intervene, (BY CHARRON J.)
2008-08-28 Decision on the motion for leave to intervene, Cha, UPON APPLICATIONS by the Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Quebec and Director of Criminal and Penal Prosecutions of Quebec, the Attorney General of Nova Scotia, the Attorney General of New Brunswick, the Attorney General of Manitoba, the Attorney General of British Columbia, the Attorney General of Saskatchewan, the Attorney General of Alberta and the Canadian Association of Crown Counsel for leave to intervene in the above appeal;
AND UPON APPLICATION by the Association in Defence of the Wrongfully Convicted for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Quebec and Director of Criminal and Penal Prosecutions of Quebec, the Attorney General of Nova Scotia, the Attorney General of New Brunswick, the Attorney General of Manitoba, the Attorney General of British Columbia, the Attorney General of Saskatchewan, the Attorney General of Alberta and the Canadian Association of Crown Counsel are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length.
The motion for an extension of time to apply for leave to intervene and for leave to intervene of the Association in Defence of the Wrongfully Convicted is granted and the said intervener shall be entitled to serve and file a factum not to exceed 20 pages in length.
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) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their intervention.
Granted
2008-08-28 Submission of motion for leave to intervene, Cha
2008-08-22 Notice of hearing sent to parties
2008-08-22 Appeal hearing scheduled, 2008-12-12
Judgment reserved
2008-08-15 Response to the motion for leave to intervene, e-mail from Gowlings dated Aug. 15/08 (by all other interveners), Completed on: 2008-08-15 Matthew Miazga
2008-08-15 Response to the motion for leave to intervene, e-mail from Gowlings dated Aug. 15/08 (by A.G. of Sask. and Can. Ass. of Crown Counsel), Completed on: 2008-08-15 Matthew Miazga
2008-08-13 Appeal perfected for hearing
2008-08-01 Motion for leave to intervene, (joint with an extension of time), Completed on: 2008-08-01 Association in Defence of the Wrongly Convicted
2008-07-31 Correspondence received from, E. Holgate, dated July 30, 2008, re: will not be filing a record or book of authorities, will not file materials on motion for leave to intervene Estate of Dennis Kvello (by his personal representative, Diane Kvello)
2008-07-31 Respondent's factum, Completed on: 2008-07-31 Estate of Dennis Kvello (by his personal representative, Diane Kvello)
2008-07-31 Correspondence received from, Kari and Richard Klassen (by fax) dated July 31/08 re: adopt the position of the other respondents and that Richard Klassen would like to appear before the Court Kari Klassen
2008-07-28 Motion for leave to intervene, Completed on: 2008-08-07 Attorney General of Quebec and Director of Criminal and Penal Prosecutions of Quebec
2008-07-28 Motion for leave to intervene, (bookform), Completed on: 2008-07-28 Attorney General of Ontario
2008-07-28 Motion for leave to intervene, Completed on: 2008-08-07 Attorney General of Canada
2008-07-28 Motion for leave to intervene, Completed on: 2008-08-07 Attorney General of British Columbia
2008-07-25 Motion for leave to intervene, Completed on: 2008-07-25 Attorney General of Alberta
2008-07-25 Motion for leave to intervene, Completed on: 2008-07-25 Attorney General of New Brunswick
2008-07-25 Motion for leave to intervene, (bookform), Completed on: 2008-08-07 Canadian Association of Crown Counsel
2008-07-23 Correspondence received from, Mr. Holgate by fax dated Aug-27-07(sic) re: agent Estate of Dennis Kvello (by his personal representative, Diane Kvello)
2008-07-18 Motion for leave to intervene, Completed on: 2008-08-07 Attorney General of Saskatchewan
2008-07-18 Motion for leave to intervene, Completed on: 2008-08-07 Attorney General of Manitoba
2008-07-18 Order on motion to dispense with printing
2008-07-18 Decision on motion to dispense with printing, of the exhibits contained in Part V of the printed copies of the Appellant's Record, Reg
Granted, no order as to costs
2008-07-18 Submission of motion to dispense with printing, Reg
2008-07-09 Motion for leave to intervene, Completed on: 2008-07-10 Attorney General of Nova Scotia
2008-06-30 Appellant's book of authorities, CD-rom returned on July-17-08-rec'd Aug-13-08, Completed on: 2008-08-13 Matthew Miazga
2008-06-30 Appellant's factum, Completed on: 2008-06-30 Matthew Miazga
2008-06-27 Appellant's record, 76 volumes (vol 1-3, 24 copies and vol 25 -76, 1copy), Completed on: 2008-07-16 Matthew Miazga
2008-06-12 Response to motion to dispense with printing, Completed on: 2008-06-12 Estate of Dennis Kvello (by his personal representative, Diane Kvello)
2008-06-12 Motion to dispense with printing, of the exhibits comprising Part V of the appellant's record, Completed on: 2008-06-12 Matthew Miazga
2008-06-03 Order on motion to extend time
2008-06-03 Decision on motion to extend time, to serve and file the appellant, Matthew Miazga, factum, record and book of authorities to June 30/08, Reg
Granted, no order as to costs
2008-06-03 Submission of motion to extend time, Reg
2008-05-23 Response to motion to extend time, (consent included in the motion for extension of time), Completed on: 2008-06-02 Richard Klassen
2008-05-23 Response to motion to extend time, (consent included with motion for extension of time), Completed on: 2008-05-23 Kari Klassen
2008-05-23 Motion to extend time, to serve and file factum, Record and Authorities to June 30/08 - consent from Kari and Richard Klassen included, Completed on: 2008-06-03 Matthew Miazga
2008-03-14 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2008-03-12 Notice of deposit for security, (service missing - rec'd March 13/08) Matthew Miazga
2008-03-05 Notice of appeal, (CD-ROM and Notice of deposit for security - rec'd March 12/08), Completed on: 2008-03-12 Matthew Miazga
2008-02-08 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2008-02-08 Judgment on leave sent to the parties
2008-02-08 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2008-02-08 Judgment on leave sent to the parties
2008-02-07 Judgment of the Court on the application for leave to appeal, (SECOND APPLICATION), The application by Matthew Miazga for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number 877, 2007 SKCA 57, dated May 30, 2007, is granted.
Granted
2008-02-07 Judgment of the Court on the application for leave to appeal, (FIRST APPLICATION), The motions for leave to intervene by Canadian Association of Crown Counsel and Director of Public Prosecutions of Canada are dismissed. The application by Estate of Dennis Kvello (by his personal representative, Diane Kvello) et al. for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number 884, 2007 SKCA 57, dated May 30, 2007, is dismissed.
Dismissed
2008-02-07 Decision on motion for leave to intervene, (see above judgment)
Dismissed
2008-01-11 Correspondence received from, Kari Klassen by fax dated Jan-11-08 re: is now self represented Kari Klassen
2007-12-17 All materials on application for leave submitted to the Judges, CJ F Ro
2007-12-17 Submission of motion for leave to intervene, CJ F Ro
2007-10-23 Order on motion to extend time
2007-10-23 Decision on motion to extend time, to serve upon the parties, Richard A. Klassen and Kari Klassen, the motion for leave to intervene of the Director of Public Prosecutions of Canada, to Oct. 3/07
Granted
2007-10-23 Submission of motion to extend time, Reg
2007-10-15 Correspondence received from, S.J. Moreau, dated Oct. 12/07; CACC applies to leave to intervene only in respect of Mr. Miazga's leave app. Canadian Association of Crown Counsel
2007-10-10 Motion to extend time, to serve Richard and Kari Klassen, Completed on: 2007-10-05 Director of Public Prosecutions of Canada
2007-10-05 Correspondence received from, Edward Holgate dated Sept. 27/07 re: no longer acting for Kari Klassen Estate of Dennis Kvello (by his personal representative, Diane Kvello)
2007-10-01 Applicant's reply to respondent's argument, FIRST APPLICATION, Completed on: 2007-10-01 Estate of Dennis Kvello (by his personal representative, Diane Kvello)
2007-09-28 Motion for leave to intervene, (bookform), Completed on: 2007-09-28 Director of Public Prosecutions of Canada
2007-09-27 Motion for leave to intervene, (bookform) (only in respect of Mr. Miazga's leave app.), Completed on: 2007-09-27 Canadian Association of Crown Counsel
2007-09-27 Respondent's response on the application for leave to appeal, (Letter Form), Will not be filing a response to SECOND application, Completed on: 2007-09-27 Richard Klassen
2007-09-27 Respondent's response on the application for leave to appeal, (Letter Form), Will not be filing a response to SECOND application, Completed on: 2007-09-27 Kari Klassen
2007-09-26 Correspondence received from, from Edward Holgate, cousel for Applicants (First Application) and for Respondents (Second Application), re.: no longer acting for Kari Klassen in First & Second Application Estate of Dennis Kvello (by his personal representative, Diane Kvello)
2007-09-26 Respondent's response on the application for leave to appeal, SECOND APPLICATION (Proof of service requested - rec'd Oct. 10/07), Completed on: 2007-10-10 Estate of Dennis Kvello (by his personal representative, Diane Kvello)
2007-09-24 Respondent's response on the application for leave to appeal, Response to FIRST APPLICATION, Completed on: 2007-09-24 Carole Bunko-Ruys
2007-09-06 Letter acknowledging receipt of a complete application for leave to appeal
2007-09-06 Letter acknowledging receipt of a complete application for leave to appeal
2007-08-29 Book of authorities, SECOND APPLICATION Matthew Miazga
2007-08-29 Application for leave to appeal, SECOND APPLICATION (for C/A Number 877), Completed on: 2007-08-29 Matthew Miazga
2007-08-28 Application for leave to appeal, FIRST APPLICATION (for C/A Number 884), Completed on: 2007-08-28 Estate of Dennis Kvello (by his personal representative, Diane Kvello)