Docket
34340
Tung Chi Duong v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
(Publication ban in case) (Sealing order)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-01-02 | Appeal closed | |
| 2012-12-24 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-12-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-12-21 | Judgment on the appeal rendered, CJ LeB De F Abe Ro Cro Mo Ka, The appeal from the judgment of the Court of Appeal for Ontario, Number C46206, 2010 ONCA 637, dated October 5, 2010, heard on March 14 and 15, 2012, is dismissed. Dismissed |
|
| 2012-11-22 | Correspondence received from, Michal Fairburn rec'd Nov. 22/12 re: Supplemental Authorities with consent (sent to the Court Nov. 26/12) | Her Majesty the Queen |
| 2012-04-03 | Transcript received, (202 pages) | |
| 2012-03-15 | Hearing of the appeal, 2012-03-14, CJ LeB De F Abe Ro Cro Mo Ka Judgment reserved |
|
| 2012-03-15 | Judgment reserved OR rendered with reasons to follow | |
| 2012-03-15 | Intervener's condensed book, Filed in Court | Information and Privacy Commissioner of Ontario |
| 2012-03-14 | Intervener's condensed book, Filed in Court | Criminal Lawyers' Association |
| 2012-03-14 | Intervener's condensed book, Filed in Court | Canadian Civil Liberties Association |
| 2012-03-14 | Intervener's condensed book, Filed in Court | Davis Asper Centre for Constitutional Rights |
| 2012-03-14 | Respondent's condensed book, Joint with 34087-34090-34091-34179 - Sealed and Redacted filed in Court | Her Majesty the Queen |
| 2012-03-14 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2012-03-09 | Reply factum on appeal, Joint with 34087-34091,34179, 34090, Completed on: 2012-03-09 | Her Majesty the Queen |
| 2012-03-07 | Order on motion to file a reply factum on appeal, (BY FISH J.) (joint with 34087-90-91-179) | |
| 2012-03-07 | Decision on the motion to file a reply factum on appeal, (joint with 34087-90-91-179), F, UPON APPLICATION by the respondent for an order permitting the filing of a reply factum to the factums of the interveners; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted Granted |
|
| 2012-03-07 | Submission of motion to file a reply factum on appeal, F | |
| 2012-03-07 | Notice of appearance, Gerald Chan and Nader Hasan will be appearing | British Columbia Civil Liberties Association |
| 2012-03-07 | Notice of appearance, Anthony Moustacalis and Peter Thorning will be appearing | Criminal Lawyers' Association |
| 2012-03-07 | Notice of appearance, Maureen McGuire will be appearing | Attorney General of Alberta |
| 2012-03-06 | Notice of appearance, William S. Challis and Stephen McCammon will be appearing | Information and Privacy Commissioner of Ontario |
| 2012-03-06 | Notice of appearance, Michal Fairburn, John McInnes, Susan Magotiaux and Deborah Krick will be appearing | Her Majesty the Queen |
| 2012-03-05 | Motion to file a reply factum on appeal, to the factums of the interveners (joint with 34087-90-91-179), Completed on: 2012-03-05 | Her Majesty the Queen |
| 2012-03-05 | Order by, F, FURTHER TO THE ORDERS dated February 3, 10 and 17, 2012, granting leave to intervene to the Information and Privacy Commissioner of Ontario, the Ontario Crown Attorney’s Association, the Canadian Civil Liberties Association, the David Asper Centre for Constitutional Rights, the British Columbia Civil Liberties Association, the Criminal Lawyers' Association and the Attorney General of Alberta; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals. Granted |
|
| 2012-03-01 | Intervener's book of authorities, Joint with 34087, 34091, 34179 and 34090, Completed on: 2012-03-01 | Criminal Lawyers' Association |
| 2012-02-28 | Intervener's book of authorities, Completed on: 2012-02-28 | Attorney General of Alberta |
| 2012-02-28 | Intervener's factum, Completed on: 2012-02-28 | Attorney General of Alberta |
| 2012-02-28 | Intervener's factum, Joint with 34090-34091-34087-34179, Completed on: 2012-02-28 | Criminal Lawyers' Association |
| 2012-02-28 | Intervener's book of authorities, Joint with 34090-34091-34087, Completed on: 2012-02-28 | Ontario Crown Attorneys Association |
| 2012-02-28 | Intervener's factum, Joint with 34090-34091-34087, Completed on: 2012-02-28 | Ontario Crown Attorneys Association |
| 2012-02-28 | Intervener's book of authorities, Joint with 34090-34091-34087-34179, Completed on: 2012-02-28 | Davis Asper Centre for Constitutional Rights |
| 2012-02-28 | Intervener's factum, Joint with 34090-34091-34087-34179, Completed on: 2012-02-28 | Davis Asper Centre for Constitutional Rights |
| 2012-02-28 | Intervener's book of authorities, (Vol. 1 and 2) Joint with 34090-34091-34087-34179, Completed on: 2012-02-28 | Information and Privacy Commissioner of Ontario |
| 2012-02-28 | Intervener's factum, Joint with 34090-34091-34087-34179, Completed on: 2012-02-28 | Information and Privacy Commissioner of Ontario |
| 2012-02-28 | Intervener's book of authorities, Joint with 34090-34091-34087-34179, Completed on: 2012-02-28 | Canadian Civil Liberties Association |
| 2012-02-28 | Intervener's factum, Joint with 34090-34091-34087-34179, Completed on: 2012-02-28 | Canadian Civil Liberties Association |
| 2012-02-28 | Intervener's book of authorities, Joint with 34090-34091-34087-34179, Completed on: 2012-02-28 | British Columbia Civil Liberties Association |
| 2012-02-28 | Intervener's factum, Joint with 34090-34091-34087-34179, Completed on: 2012-02-28 | British Columbia Civil Liberties Association |
| 2012-02-28 | Notice of appearance, Paul J.J. Cavalluzzo and Shaun O'Brien will be appearing | Ontario Crown Attorneys Association |
| 2012-02-17 | Correspondence received from, Ms. Magotiaux re: Order of Feb. 1, 2010 of the CA | Her Majesty the Queen |
| 2012-02-17 | Respondent's book of authorities, Joint with 34090 and 34091, Vol. 1 to 111, Completed on: 2012-02-17 | Her Majesty the Queen |
| 2012-02-17 | Respondent's record, Joint with 34090 and 34091, SEALED + 2 Redacted copies filed and served Feb. 22/12, Completed on: 2012-02-17 | Her Majesty the Queen |
| 2012-02-17 | Respondent's factum, Joint with 34090 and 34091, SEALED + 2 Redacted copies filed and served Feb. 22/12, Completed on: 2012-02-27 | Her Majesty the Queen |
| 2012-02-17 | Order on motion for leave to intervene, (BY FISH J.) | |
| 2012-02-17 | Decision on the motion for leave to intervene, F, UPON APPLICATION by the Attorney General of Alberta 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 motion for an extension of time to apply for leave to intervene of the Attorney General of Alberta 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 February 28, 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 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) 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 |
|
| 2012-02-17 | Submission of motion for leave to intervene, F | |
| 2012-02-15 | Response to the motion for leave to intervene, email from Terri Semanuk dated Feb. 15/12, Completed on: 2012-02-15 | Tung Chi Duong |
| 2012-02-14 | Response to the motion for leave to intervene, email from Burke-Robertson dated Feb. 14/12, Completed on: 2012-02-14 | Her Majesty the Queen |
| 2012-02-14 | Motion for leave to intervene, Completed on: 2012-02-15 | Attorney General of Alberta |
| 2012-02-10 | Order on motion for leave to intervene, (BY FISH J.) (joint WITH 34087-90-91-179) | |
| 2012-02-10 | Decision on the motion for leave to intervene, (joint with 34087-90-91-179), F, UPON APPLICATION by the Criminal Lawyers' Association for an extension of time and for leave to intervene in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time and for leave to intervene by the Criminal Lawyers' Association is granted and the said intervener shall be entitled to serve and file a single factum not to exceed 10 pages in length on or before February 28, 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 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) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by its intervention Granted |
|
| 2012-02-10 | Submission of motion for leave to intervene, F | |
| 2012-02-09 | Response to the motion for leave to intervene, (Letter Form), from Susan Magotiaux dated Feb. 9/12 (by CLA) (joint with 34087-90-91-179), Completed on: 2012-02-09 | Her Majesty the Queen |
| 2012-02-08 | Order by, (joint with 34087-090-091-179), Reg, UPON APPLICATION by the appellant Ibrahim Yumnu in file number 34090 for an extension of time to serve and file its record to December 21, 2011, its factum to January 10, 2012 and its book of authorities to January 11, 2012; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1) The motion of the appellant Yumnu is granted. 2) The respondent is permitted to serve and file its facta and book of authorities in all of the above appeals no later than February 17, 2012 Granted |
|
| 2012-02-06 | Response to the motion for leave to intervene, (by CLA), Completed on: 2012-02-06 | Tung Chi Duong |
| 2012-02-06 | Letter sent to Intervener(s) | |
| 2012-02-03 | Motion for leave to intervene, (joint with extension of time) (joint with 34090, 34091, 34087 and 34179), Completed on: 2012-02-03 | Criminal Lawyers' Association |
| 2012-02-03 | Order on motion for leave to intervene, (BY FISH J.) | |
| 2012-02-03 | Decision on the motion for leave to intervene, F, UPON APPLICATIONS by the Information and Privacy Commissioner of Ontario, the Canadian Civil Liberties Association and the Ontario Crown Attorney’s Association for leave to intervene in the above appeals; AND UPON APPLICATIONS by the David Asper Centre for Constitutional Rights, the British Columbia Civil Liberties Association for an extension of time and for leave to intervene in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene by the Information and Privacy Commissioner of Ontario, the Canadian Civil Liberties Association and the Ontario Crown Attorney’s Association are granted and the said interveners shall each be entitled to serve and file a single factum not to exceed 10 pages in length on or before February 28, 2012. The motions for an extension of time and for leave to intervene by the David Asper Centre for Constitutional Rights, the British Columbia Civil Liberties Association are granted and the said interveners shall each be entitled to serve and file a single factum not to exceed 10 pages in length on or before February 28, 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 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 appellants and respondent any additional disbursements occasioned to the appellants and respondent by their intervention. Granted |
|
| 2012-02-02 | Submission of motion for leave to intervene, F | |
| 2012-01-27 | Correspondence received from, Burke-Robertson by email dated Jan. 27/12 re no documents to be sealed in this file (joint with 34090-34091) | Her Majesty the Queen |
| 2012-01-23 | Response to the motion for leave to intervene, (Letter Form), (to IPC) (joint with 34090) from Michal Fairburn, dated Jan.23/12, by fax, Completed on: 2012-01-23 | Her Majesty the Queen |
| 2012-01-23 | Appeal perfected for hearing | |
| 2012-01-20 | Supplemental document, Book of Authorities, Completed on: 2012-01-20 | Information and Privacy Commissioner of Ontario |
| 2012-01-20 | Motion for leave to intervene, (Bookform) (2 volumes), Completed on: 2012-01-20 | Information and Privacy Commissioner of Ontario |
| 2012-01-17 | Appellant's book of authorities, CD rec'd Jan. 27/12, Completed on: 2012-01-31 | Tung Chi Duong |
| 2012-01-17 | Appellant's record, CD rec'd Jan. 27/12, Completed on: 2012-01-31 | Tung Chi Duong |
| 2012-01-17 | Appellant's factum, CD rec'd Jan. 27/12, Completed on: 2012-01-31 | Tung Chi Duong |
| 2012-01-17 | Response to the motion for leave to intervene, (Letter Form), (to all motions) (joint with 34179, 34087, 34091 and 34090) from Michal Fairburn, by fax, dated Jan.9/12, Completed on: 2012-01-17 | Her Majesty the Queen |
| 2012-01-16 | Motion for leave to intervene, Completed on: 2012-01-16 | Ontario Crown Attorneys Association |
| 2012-01-16 | Response to the motion for leave to intervene, (Letter Form), (to IPC) from Timothy E. Breen, dated Jan.16/12, by fax (original rec'd Jan.25/12), Completed on: 2012-01-25 | Tung Chi Duong |
| 2011-12-22 | Order on miscellaneous motion | |
| 2011-12-22 | Decision on miscellaneous motion, (joint with 34090, 34091, 34087, 34179), Reg, to permit the Crown to file a single factum responding to the Yumnu, Cardoso, and Duong appeals; to set out the law in respect to the legal issues raised in Yumnu, Cardoso, Duong, Emms, and Davey in its factum in Yumnu, Cardoso and Duong; an order that the Yumnu, Cardoso and Duong factum be no more than 90 pages in length; an order that the Emms factum be no more than 20 pages in length; an order that the Davey factum be no more than 30 pages in length; and an order that the Crown may file all facta in these matters on or before February 10, 2012. Granted |
|
| 2011-12-22 | Submission of miscellaneous motion, Reg | |
| 2011-12-15 | Response to the motion for leave to intervene, Completed on: 2011-12-15 | Tung Chi Duong |
| 2011-12-14 | Motion for leave to intervene, Book form (joint with 34179, 34091, 34090, 34087), Completed on: 2011-12-14 | Davis Asper Centre for Constitutional Rights |
| 2011-12-13 | Motion for leave to intervene, Book form (joint with 34090, 34091, 34179 & 34087) (Extension of time included), Completed on: 2011-12-13 | British Columbia Civil Liberties Association |
| 2011-12-12 | Response to the motion for leave to intervene, Included in the motion book, Completed on: 2011-12-12 | Tung Chi Duong |
| 2011-12-12 | Motion for leave to intervene, Book Form, (Joint with 34091, 34090, 34087 & 34179), Completed on: 2011-12-12 | Canadian Civil Liberties Association |
| 2011-12-09 | Notice of hearing sent to parties | |
| 2011-12-08 | Notice of miscellaneous motion, For Order to permit Crown to file one 90 page factum re. Yumnu, Cardoso & Duong; set out the law in legal issues raised in all 5 cases; Emms factum 20 pgs; Davey factum 30 pgs, be filed by Feb. 10, 2012. (joint with 34091,34090, 34087 & 34179), Completed on: 2011-12-08 | Her Majesty the Queen |
| 2011-12-08 | Notice of hearing sent to parties | |
| 2011-12-07 | Appeal hearing scheduled, 2012-03-15, For webcasting purposes only – March 14 & 15, 2012. | |
| 2011-12-07 | Appeal hearing scheduled, 2012-03-14, (Early start 9:00am) Judgment reserved |
|
| 2011-11-22 | Notice of appeal, CD missing - Rec'd on December 23, 2011, Completed on: 2011-12-23 | Tung Chi Duong |
| 2011-11-18 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2011-11-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-11-18 | Judgment on leave sent to the parties | |
| 2011-11-17 | Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal and the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C46206, 2010 ONCA 637, dated October 5, 2010, are granted with no order as to costs. The appeal will be heard with Emms v. Her Majesty the Queen (34087); Yumnu v. Her Majesty the Queen (34090); Cardoso v. Her Majesty the Queen (34091) and Davey v. Her Majesty the Queen (34179) and the schedule for serving and filing the material and any application for leave to intervene shall be set by the Registrar. Granted, no order as to costs |
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| 2011-11-17 | Decision on motion to extend time to file and /or serve the leave application Granted, no order as to costs |
|
| 2011-10-11 | All materials on application for leave submitted to the Judges, Bi Abe Ro | |
| 2011-10-11 | Submission of motion to extend time to file and/ or serve the leave application, Bi Abe Ro | |
| 2011-10-07 | Order on motion to extend time | |
| 2011-10-07 | Decision on motion to extend time, De Rg McFadyen, to serve and file the respondent's response to Oct. 4/11 Granted |
|
| 2011-10-07 | Submission of motion to extend time, De Rg McFadyen | |
| 2011-10-04 | Response to motion to extend time, Completed on: 2011-10-04 | Tung Chi Duong |
| 2011-10-04 | Motion to extend time, to serve and file the respondent's response to Oct. 4/11, Completed on: 2011-10-04 | Her Majesty the Queen |
| 2011-10-04 | Respondent's response on the application for leave to appeal, Completed on: 2011-10-05 | Her Majesty the Queen |
| 2011-08-10 | General proceeding, decision of the Superior Court of justice dated may 8, 2011 | Her Majesty the Queen |
| 2011-07-05 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2011-07-04 | Motion to extend the time to file and or serve the application for leave to appeal, Included in the application, Completed on: 2011-07-04 | Tung Chi Duong |
| 2011-07-04 | Application for leave to appeal, Lower court judgment missing (conviction report recevied on Aug 10, 2011), Completed on: 2011-08-11 | Tung Chi Duong |
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