Docket

34268

Her Majesty the Queen v. Richard Cole

(Ontario) (Criminal) (By Leave)

(Publication ban in case)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2012-10-23 Appeal closed
2012-10-22 Formal judgment sent to the registrar of the court of appeal and all parties
2012-10-22 Judgment on appeal and notice of deposit of judgment sent to all parties
2012-10-19 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 C50526, 2011 ONCA 218, dated March 22, 2011, heard on May 15, 2012, is allowed. The exclusionary order of the Court of Appeal is set aside. The order of a new trial is affirmed. Justice Abella is dissenting.
Allowed
2012-07-10 Media lock-up request refused
2012-06-26 Media lock-up consent form received from, Carole Sheppard and François Lacasse Director of Public Prosecutions
2012-06-21 Correspondence received from, Amy Alyea rec'd by email re: request lock-up from Toronto Her Majesty the Queen
2012-06-20 Correspondence received from, Frank Addario rec'd by email re: request lock-up from Toronto, original rec'd June 25/12 Richard Cole
2012-06-19 Media lock-up consent form received from, Dominique A. Jobin Attorney General of Quebec
2012-06-06 Media lock-up letter, consent form and undertaking sample sent to all parties
2012-06-04 Media lock-up requested or proposed
2012-05-23 Transcript received, (98 pages)
2012-05-15 Intervener's condensed book, Filed in Court Attorney General of Quebec
2012-05-15 Judgment reserved OR rendered with reasons to follow
2012-05-15 Hearing of the appeal, 2012-05-15, CJ LeB F Abe Ro Cro Mo
Judgment reserved
2012-05-15 General proceeding, Both counsel confirmed that no reference was made to the publication ban during the hearing Her Majesty the Queen
2012-05-15 Acknowledgement and consent for video taping of proceedings, all parties consented
2012-05-15 Intervener's condensed book, Filed in Court Canadian Civil Liberties Association
2012-05-15 Intervener's condensed book, Filed in Court Director of Public Prosecutions
2012-05-15 Respondent's condensed book, Filed in Court Richard Cole
2012-05-15 Appellant's condensed book, Filed in Court Her Majesty the Queen
2012-05-14 Correspondence received from, Daniel Michaluk re: Authorities (given on the morning of the hearing) Canadian Association of Counsel to Employers
2012-05-11 Correspondence received from, Colleen Bauman re: error to respondent's factum (sent to the Court May 11/12) Richard Cole
2012-05-08 Notice of appearance, Daniel Michaluk and Joseph Cohen Lyons will be appearing Canadian Association of Counsel to Employers
2012-05-08 Notice of appearance, Jonathan Lisus and Michael Perlin will be appearing Canadian Civil Liberties Association
2012-05-02 Correspondence received from, Jonathan Dawe and Michael Dineen will be appearing Criminal Lawyers' Association (Ontario)
2012-05-02 Correspondence received from, Monique Dion and Ron Reimer will be appearing Director of Public Prosecutions
2012-05-02 Order by, Ro, FURTHER TO THE ORDER dated April 11, 2012, granting leave to intervene to the Director of Public Prosecutions, the Attorney General of Quebec, the Criminal Lawyers' Association (Ontario), the Canadian Civil Liberties Association and the Canadian Association of Counsel to Employers;
IT IS HEREBY FURTHER ORDERED THAT: each of the said interveners is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal
Granted
2012-05-01 Intervener's book of authorities, CD rec'd May 2/12, Completed on: 2012-05-02 Canadian Civil Liberties Association
2012-05-01 Intervener's factum, CD rec'd May 2/12, Completed on: 2012-05-02 Canadian Civil Liberties Association
2012-05-01 Intervener's book of authorities, Completed on: 2012-05-02 Criminal Lawyers' Association (Ontario)
2012-05-01 Intervener's factum, Completed on: 2012-05-02 Criminal Lawyers' Association (Ontario)
2012-05-01 Intervener's book of authorities, CD rec'd May 3/12, Completed on: 2012-05-07 Attorney General of Quebec
2012-05-01 Intervener's factum, CD rec'd May 3/12, Completed on: 2012-05-07 Attorney General of Quebec
2012-05-01 Intervener's book of authorities, Vol. 1 and 2 - CD rec'd May 4/12, Completed on: 2012-05-07 Director of Public Prosecutions
2012-05-01 Intervener's factum, CD rec'd May 4/12, Completed on: 2012-05-07 Director of Public Prosecutions
2012-05-01 Order on motion to extend time
2012-05-01 Decision on motion to extend time, F, to serve and file the respondent's factum and book of authorities to Apr. 17/12 and for an order pursuant to Rule 71(3) permitting oral argument at the hearing of the appeal
Granted
2012-05-01 Notice of appearance, Amy Alyea and Frank Au will be appearing Her Majesty the Queen
2012-05-01 Submission of motion to extend time, F
2012-05-01 Notice of appearance, Frank Addario and Nader Hasan will be appearing Richard Cole
2012-04-25 Intervener's book of authorities, Completed on: 2012-04-25 Canadian Association of Counsel to Employers
2012-04-25 Intervener's factum, Completed on: 2012-04-25 Canadian Association of Counsel to Employers
2012-04-17 Motion to extend time, to serve and file the respondent's factum and book of authorities to Apr. 17/12 and for an order pursuant to Rule 71(3) permitting oral argument at the hearing of the appeal. (bookform), Completed on: 2012-04-17 Richard Cole
2012-04-17 Respondent's book of authorities, (2 volumes), Completed on: 2012-04-17 Richard Cole
2012-04-17 Respondent's factum, Filed with an extension of time, Completed on: 2012-04-17 Richard Cole
2012-04-17 Appeal perfected for hearing
2012-04-11 Order on motion for leave to intervene, (BY MOLDAVER J.)
2012-04-11 Decision on the motion for leave to intervene, Mo, UPON APPLICATIONS by the Director of Public Prosecutions, the Attorney General of Quebec, the Criminal Lawyers' Association (Ontario), the Canadian Civil Liberties Association and the Canadian Association of Counsel to Employers 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 by the Director of Public Prosecutions, the Attorney General of Quebec, the Criminal Lawyers' Association (Ontario), the Canadian Civil Liberties Association and the Canadian Association of Counsel to Employers are granted and the said interveners shall each be entitled to serve and file a factum not to exceed 10 pages in length on or before May 1, 2012.
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 are 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 interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their interventions
Granted
2012-04-11 Submission of motion for leave to intervene, Mo
2012-03-23 Correspondence received from, Notice of Change of Solicitor adding Nader Hassan as co-counsel Richard Cole
2012-03-22 Correspondence received from, Notice of Change of Solicitor from Sack Goldblatt Mitchell to Addario Law Group Richard Cole
2012-03-20 Motion for leave to intervene, Completed on: 2012-03-20 Attorney General of Quebec
2012-03-19 Response to the motion for leave to intervene, (by CLA), Completed on: 2012-03-19 Richard Cole
2012-03-19 Motion for leave to intervene, Completed on: 2012-03-19 Criminal Lawyers' Association (Ontario)
2012-03-19 Motion for leave to intervene, Completed on: 2012-03-19 Director of Public Prosecutions
2012-03-14 Motion for leave to intervene, (bookform), Completed on: 2012-03-14 Canadian Civil Liberties Association
2012-03-12 Motion for leave to intervene, (bookform), Completed on: 2012-03-12 Canadian Association of Counsel to Employers
2012-03-09 Notice of hearing sent to parties
2012-03-09 Appeal hearing scheduled, 2012-05-15
Judgment reserved
2012-02-24 Correspondence (sent by the Court) to, Michael Perlin (Sent by Registrar) Re: Permission granted to appear as co-counsel
2012-02-21 Appellant's book of authorities, 12 copies (2 volumes), Completed on: 2012-02-21 Her Majesty the Queen
2012-02-21 Appellant's record, (2 volumes), Completed on: 2012-02-21 Her Majesty the Queen
2012-02-21 Appellant's factum, Completed on: 2012-02-21 Her Majesty the Queen
2012-01-23 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2011-11-10 Notice of appeal, Completed on: 2011-11-10 Her Majesty the Queen
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 application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C50526, 2011 ONCA 218, dated March 22, 2011, is granted without costs.
Granted, without costs
2011-07-18 All materials on application for leave submitted to the Judges, Bi Abe Ro
2011-06-30 Applicant's reply to respondent's argument, Completed on: 2011-06-30 Her Majesty the Queen
2011-06-20 Respondent's response on the application for leave to appeal, Completed on: 2011-06-20 Richard Cole
2011-06-14 Correspondence received from, Amy Alyea dated June 14, 2011. RE: Publication Ban. Richard Cole
2011-05-26 Letter acknowledging receipt of an incomplete application for leave to appeal
2011-05-20 Application for leave to appeal, Two volumes., Completed on: 2011-06-02 Her Majesty the Queen