Docket

34229

Ivana Levkovic v. Her Majesty the Queen

(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)
2013-05-08 Appeal closed
2013-05-06 Formal judgment sent to the registrar of the court of appeal and all parties
2013-05-06 Judgment on appeal and notice of deposit of judgment sent to all parties
2013-05-03 Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo, The appeal from the judgment of the Court of Appeal for Ontario, Number C49523, 2010 ONCA 830, dated December 7, 2010, heard on October 10, 2012, is dismissed. The order for a new trial is affirmed.
Dismissed
2012-10-24 Transcript received, (106 pages)
2012-10-10 Judgment reserved OR rendered with reasons to follow
2012-10-10 Intervener's condensed book, Submitted in Court (14 copies) Criminal Lawyers' Association of Ontario
2012-10-10 Respondent's condensed book, Submitted in Court (14 copies) Her Majesty the Queen
2012-10-10 Appellant's condensed book, Submitted in Court (14 copies) Ivana Levkovic
2012-10-10 Acknowledgement and consent for video taping of proceedings, From all parties
2012-10-10 Hearing of the appeal, 2012-10-10, CJ LeB F Abe Ro Cro Mo
Judgment reserved
2012-10-01 Notice of appearance, Robert J. Frater and Richard Kramer will be appearing Attorney General of Canada
2012-09-28 Notice of appearance, Marie Henein and Danielle Robitaille will be appearing Criminal Lawyers' Association of Ontario
2012-09-19 Notice of appearance, Jamie Klukach and Gillian Roberts will be appearing Her Majesty the Queen
2012-08-17 Order by, Cro, FURTHER TO THE ORDER dated June 21, 2012, granting leave to intervene to the Criminal Lawyers' Association of Ontario;
IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted, no order as to costs
2012-08-16 Intervener's book of authorities, (Book Form), Completed on: 2012-08-16 Criminal Lawyers' Association of Ontario
2012-08-16 Intervener's factum, (Book Form), Completed on: 2012-08-16 Criminal Lawyers' Association of Ontario
2012-08-03 Correspondence received from, Gowlings rec'd by email Aug. 3/12 re: 1 reserved seat Ivana Levkovic
2012-08-03 Notice of appearance, Delmar Doucette, Jill Copeland, Jessica Orkin and Nicole Rozier will be appearing Ivana Levkovic
2012-07-24 Notice of hearing sent to parties
2012-07-19 Appeal hearing scheduled, 2012-10-10
Judgment reserved
2012-07-06 Order on motion to extend time
2012-07-06 Decision on motion to extend time, Abe, to serve and file the respondent's factum to June 14/12 and book of authorities to June 28/12 and to present oral argument
Granted, no order as to costs
2012-07-05 Submission of motion to extend time, Abe
2012-07-04 Response to motion to extend time, (Letter Form), Completed on: 2012-07-04 Ivana Levkovic
2012-06-27 Respondent's book of authorities, (4 volumes filed), Completed on: 2012-06-27 Her Majesty the Queen
2012-06-27 Motion to extend time, to serve and file the Respondent's factum to June 14/12 and the authorities to June 27/12, Completed on: 2012-06-27 Her Majesty the Queen
2012-06-26 Intervener's book of authorities, Completed on: 2012-06-26 Attorney General of Canada
2012-06-26 Intervener's factum, Completed on: 2012-06-26 Attorney General of Canada
2012-06-21 Letter sent to Intervener(s)
2012-06-21 Order on motion for leave to intervene, (BY CROMWELL J.)
2012-06-21 Decision on the motion for leave to intervene, Cro, UPON APPLICATION by the Criminal Lawyers' Association of Ontario for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene by the Criminal Lawyers' Association of Ontario is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before August 16, 2012.
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 is not 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 intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention
Granted
2012-06-21 Submission of motion for leave to intervene, Cro
2012-06-14 Respondent's factum, (motion for an extension of time missing, rec'd June 27) (CD incorrect, new CD rec'd June 27), Completed on: 2012-06-27 Her Majesty the Queen
2012-05-30 Appeal perfected for hearing
2012-05-23 Correspondence received from, J. Klukach by fax, re.: requesting an extension of time to file their Respondent's appeal material Her Majesty the Queen
2012-05-15 Order on motion to extend time
2012-05-15 Decision on motion to extend time, Reg, to serve and file the appellant's book of authorities to Apr. 12/12
Granted
2012-05-15 Submission of motion to extend time, Reg
2012-05-11 Response to the motion for leave to intervene, (Letter Form), by CLA, Completed on: 2012-05-11 Ivana Levkovic
2012-05-01 Motion for leave to intervene, (bookform), Completed on: 2012-05-01 Criminal Lawyers' Association of Ontario
2012-04-24 Response to motion to extend time, email from Burke-Robertson dated Apr. 24/12, Completed on: 2012-04-24 Her Majesty the Queen
2012-04-19 Motion to extend time, to serve and file the appellant's book of authorities to Apr. 12/12, Completed on: 2012-04-19 Ivana Levkovic
2012-04-13 Correspondence received from, Jill Copeland dated April 13, 2012. Re: Extension of time Ivana Levkovic
2012-04-13 Appellant's book of authorities, Motion for extension of time rec'd Apr. 19/12 (3 volumes), Completed on: 2012-04-19 Ivana Levkovic
2012-04-03 Appellant's factum, Completed on: 2012-04-03 Ivana Levkovic
2012-03-15 Appellant's record, (3 volumes), Completed on: 2012-03-15 Ivana Levkovic
2012-03-08 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2012-02-16 Order on motion to extend time
2012-02-16 Decision on motion to extend time, Reg, to serve and file the Notice of intervention respecting Constitutional Question of the Attorney General of Canada to Feb. 9/12
Granted
2012-02-16 Submission of motion to extend time, Reg
2012-02-13 Response to motion to extend time, email from Jamie Klukach dated Feb. 13/12, Completed on: 2012-02-13 Her Majesty the Queen
2012-02-10 Response to motion to extend time, Completed on: 2012-02-10 Ivana Levkovic
2012-02-09 Motion to extend time, to serve and file the Notice of intervention respecting Constitutional Question to Feb. 9/12, Completed on: 2012-02-09 Attorney General of Canada
2012-02-09 Notice of intervention respecting a constitutional question Attorney General of Canada
2012-01-12 Notice of constitutional question(s) Ivana Levkovic
2012-01-11 Correspondence received from, K. Collins dated Jan. 11/12 re: notice of change of counsel for the Crown, Brian McNeely is being replaced by Jamie Klukach and Gillian Roberts (by e-mail) Her Majesty the Queen
2012-01-10 Order on motion to state a constitutional question, (By Chief Justice)
2012-01-10 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant for an order stating constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOW:
1. In its application to a “child” that dies before birth, does s. 243 of the Criminal Code, R.S.C., 1985, c. C-46, infringe s. 7 of the Canadian Charter of Rights and Freedoms?
2. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
Granted
2012-01-10 Submission of motion to state a constitutional question, CJ
2011-11-23 Response to the motion to state a constitutional question, email from Burke-Robertson dated Nov. 23/11, Completed on: 2011-11-23 Her Majesty the Queen
2011-11-18 Motion to state a constitutional question, Book form, Completed on: 2011-11-16 Ivana Levkovic
2011-11-18 Notice of appeal, Completed on: 2011-11-18 Ivana Levkovic
2011-10-21 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2011-10-21 Judgment on leave sent to the parties
2011-10-20 Judgment of the Court on the application for leave to appeal, The motions for an extension of time to serve and file the application for leave to appeal and the applicant’s reply are granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C49523, 2010 ONCA 830, dated December 7, 2010, is granted without costs.
Granted, without costs
2011-10-20 Decision on motion to extend time
Granted
2011-10-20 Decision on motion to extend time to file and /or serve the leave application
Granted
2011-07-25 All materials on application for leave submitted to the Judges, Bi Abe Ro
2011-07-25 Submission of motion to extend time, For the reply, Bi Abe Ro
2011-07-25 Submission of motion to extend time to file and/ or serve the leave application, Bi Abe Ro
2011-06-24 Motion to extend time, to serve and file the applicant's reply, Completed on: 2011-06-24 Ivana Levkovic
2011-06-24 Applicant's reply to respondent's argument, Completed on: 2011-06-30 Ivana Levkovic
2011-06-22 Order on motion to extend time
2011-06-22 Decision on motion to extend time, Reg, to serve and file the respondent's response to June 7/11
Granted
2011-06-22 Submission of motion to extend time, Reg
2011-06-16 Correspondence received from, Jessica R. Orkin dated June 16/11 re will file its reply with an extension by June 24/11 Ivana Levkovic
2011-06-07 Response to motion to extend time, Completed on: 2011-06-07 Ivana Levkovic
2011-06-07 Motion to extend time, to serve and file the respondent's response to June 7/11, Completed on: 2011-06-07 Her Majesty the Queen
2011-06-07 Respondent's response on the application for leave to appeal, Extension of time filed on June 7, 2011, Completed on: 2011-06-07 Her Majesty the Queen
2011-05-19 Correspondence received from, Mr. Doucette re: endorsement received by fax on May 19th 2011. Original received May 25th 2011.
Ivana Levkovic
2011-05-10 Letter acknowledging receipt of an incomplete application for leave to appeal
2011-04-29 Motion to extend the time to file and or serve the application for leave to appeal, (included in the application for leave to appeal - consent of the respondent also included), Completed on: 2011-04-29 Ivana Levkovic
2011-04-29 Application for leave to appeal, extension of time included, endorsement received
May 19th 2011., Completed on: 2011-04-29
Ivana Levkovic