Docket

34824

Antal Babos, et al. v. Her Majesty the Queen, et al.

(Quebec) (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)
2014-02-24 Appeal closed
2014-02-24 Formal judgment sent to the registrar of the court of appeal and all parties
2014-02-24 Judgment on appeal and notice of deposit of judgment sent to all parties
2014-02-21 Judgment on the appeal rendered, CJ LeB Abe Cro Mo Ka Wa, The appeals from the judgment of the Court of Appeal of Quebec (Montréal), Numbers 500-10-004261-085 and 500-10-004264-089, 2012 QCCA 471, dated March 14, 2012, heard on October 9, 2013, are dismissed, Abella J. dissenting. The respondent’s motion to adduce fresh evidence is also dismissed.
Dismissed
2013-10-24 Transcript received, (94 pages)
2013-10-17 Correspondence received from Antal Babos
2013-10-09 Judgment reserved OR rendered with reasons to follow
2013-10-09 Acknowledgement and consent for video taping of proceedings, All parties consented
2013-10-09 Hearing of the appeal, 2013-10-09, CJ LeB Abe Cro Mo Ka Wa
Judgment reserved
2013-10-09 Respondent's condensed book, (Book Form), Filed in Court Her Majesty the Queen
2013-10-09 Appellant's condensed book, (Book Form), Filed in Court Antal Babos
2013-10-04 Notice of appearance, Franco Schiro, Xuan Trung Nguyen,Pierre-Luc Milord, Germain Caponi-Champagne will be appearing. Antal Babos
2013-10-02 Notice of appearance, Me Gilles Villeneuve and Me François Lacasse will be appearing. Me Gilles Villeneuve will be making oral submissions for the Respondent. Her Majesty the Queen
2013-09-19 Notice of appearance, Me Franco Schiro, Me Xuan Trung Nguyen and Me Pierre-Luc Milord will be appearing. Franco Schiro and Me Xuan Trung Nguyen will be making oral submissions. Antal Babos
2013-09-17 Correspondence received from, Guylaine Tardif re: correction to Joint response to the appellants motion for directions page 1 (sent to the Court 2013-09-23) Antal Babos
2013-09-17 Notice of appearance, Me Guylaine Tardif, Me Jean-Pierre Pilon and Me Maxime Wilkins will be appearing. Me Guylaine Tardif will be making oral submissions. Sergio Piccirilli
2013-09-11 Correspondence received from, Guylaine Tardif by fax, re: will be filing an amended redacted response to the motion to adduce new evidence Antal Babos
2013-09-10 Correspondence received from, Gilles Villeneuve by fax, re: paragraph of redacted response to the motion to adduce new evidence of Sergio Piccirilli has not been redacted Her Majesty the Queen
2013-09-09 Appellant's book of authorities, (Book Form), Joint, in support of the supplemental factum, Completed on: 2013-09-09 Antal Babos
2013-09-09 Supplemental factum, (Book Form), Joint Supplementary Factum for the appellants, Completed on: 2013-09-09 Antal Babos
2013-08-30 Supplemental document, Redacted complementary document (includes motion to adduce new evidence filed May 7, 2013, Reply to response on motion to adduce new evidence filed June 10, 2013 and motion to present precisions and corrections filed June 10, 2013 (included in reply), Completed on: 2013-08-30 Her Majesty the Queen
2013-08-21 Notice of hearing sent to parties
2013-08-21 Appeal hearing scheduled, 2013-10-09
Judgment reserved
2013-08-09 Supplemental document, Vol. 3 - Redacted joint response to the motion to present precisions and corrections (originally filed June 20, 2013) - Correction to page 1 rec'd 2013-09-17 sent to the Court, Completed on: 2013-08-09 Antal Babos
2013-08-09 Supplemental document, Vol. 2 - Redacted response to the motion to adduce new evidence and rebuttal evidence - AMENDED redacted version filed and served September 11, 2013 (originally filed May 28, 2013), Completed on: 2013-08-09 Sergio Piccirilli
2013-08-09 Supplemental document, Vol. 1 - Redacted response to the motion to adduce new evidence and rebuttal evidence (originally filed May 28, 2013), Completed on: 2013-08-09 Antal Babos
2013-08-09 Correspondence received from, Xuan Trung Nguyen by fax, re: reference to the judgment of the superior court R. v. Cliche Antal Babos
2013-08-01 Correspondence received from, Me Guylaine Tardif by fax, re: will not be cross-examining as granted in Justice LeBel's order dated July 10, 2013 Antal Babos
2013-07-18 Supplemental document, Complementary record, Completed on: 2013-07-18 Her Majesty the Queen
2013-07-10 Order on miscellaneous motion, (by LEBEL J.)
2013-07-10 Decision on miscellaneous motion, (see order of Justice LeBel on motion to adduce new evidence, dated July 10, 2013), LeB
Allowed in part
2013-07-10 Submission of miscellaneous motion, LeB
2013-07-10 Order on motion to adduce new evidence, (by LEBEL J.)
2013-07-10 Decision on motion to adduce new evidence, LeB, UPON A MOTION by the respondent for permission to adduce further evidence;
AND UPON APPLICATIONS by the appellants for permission to adduce rebuttal evidence, to cross-examine the affiants on the further evidence and to file a factum of 20 pages with respect to the further evidence;

AND UPON A MOTION by the respondent for permission to clarify and correct the further evidence;

AND THE MATERIAL FILED having been read,
IT IS HEREBY ORDERED THAT:
1.The respondent is granted permission to file in the Court’s record the motion to adduce further evidence and the said further evidence, as well as the motion to clarify and correct the further evidence and any documents in support of the said motions.
2.The appellants are granted permission to adduce their rebuttal evidence, with the exception of the judgment of the Superior Court in R. v. Cliche, 2007 QCCS 6844.
3.Permission is granted to cross-examine the affiants on the affidavits, which cross-examination shall be completed on or before August 9, 2013. The transcripts of the said examinations shall be filed in the Court’s record on or before September 9, 2013.
4.The appellants shall be entitled to serve and file a joint supplementary factum, not to exceed 20 pages, with respect to the further evidence on or before September 9, 2013.
5.The respondent’s motions and the appellants’ applications are referred to the panel that will hear the appeal.
Allowed in part
2013-07-10 Submission of motion to adduce new evidence, LeB
2013-06-20 Response to miscellaneous motion, Further to Justice LeBel's order dated July 10/13 - 13 REDACTED COPIES FILED Aug. 9/13 (Joint response of the appellants), Completed on: 2013-06-20 Antal Babos
2013-06-10 Notice of miscellaneous motion, (Book Form), to present precisions and corrections to the new evidence (included in the reply to the response to the motion to adduce new evidence) Further to Justice LeBel's order dated July 10/13-11 REDACTED COPIES FILED Aug. 30/13, Completed on: 2013-06-10 Her Majesty the Queen
2013-06-10 Reply to motion to adduce new evidence, (Book Form), (miscellaneous motion included in reply) (proof of service rcv'd June 14/13) Further to Justice LeBel's order dated July 10/13 - 11 REDACTED COPIES FILED (entitled "Dossier complémentaire caviardée") Aug. 30/13, Completed on: 2013-06-14 Her Majesty the Queen
2013-06-07 Notice of change of counsel, Gilles Villeneuve will replace François Lacasse as co-counsel. Her Majesty the Queen
2013-06-05 Order on motion to extend time, (by the REGISTRAR)
2013-06-05 Decision on motion to extend time, Reg, UPON APPLICATION by the respondent for an order extending the time within which to serve and file their reply to the response to a motion to adduce new evidence to June 10, 2013;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2013-06-05 Submission of motion to extend time, Reg
2013-06-03 Motion to extend time, (Letter Form), extending the time to serve and file the reply to the response to the motion to adduce new evidence to June 10, 2013, Completed on: 2013-06-03 Her Majesty the Queen
2013-05-29 Appeal perfected for hearing
2013-05-28 Response to the motion to adduce new evidence, (Book Form), Further to Justice LeBel's order dated July 10/13 - 13 REDACTED COPIES FILED Aug. 9/13 (proof of service rcv'd May 29/13), Completed on: 2013-05-29 Antal Babos
2013-05-28 Response to the motion to adduce new evidence, (Book Form), Further to Justice LeBel's order dated July 10/13 - 13 REDACTED COPIES FILED Aug. 9/13 (proof of service rcv'd May 29/13), Completed on: 2013-05-29 Sergio Piccirilli
2013-05-28 Respondent's factum, (Book Form), CD missing, Completed on: 2013-05-28 Her Majesty the Queen
2013-05-28 Respondent's book of authorities, (Book Form), CD missing, Completed on: 2013-05-28 Her Majesty the Queen
2013-05-28 Respondent's record, (Book Form), CD missing, Completed on: 2013-05-28 Her Majesty the Queen
2013-05-21 Order on motion to extend time, (by the REGISTRAR)
2013-05-21 Decision on motion to extend time, Reg, UPON APPLICATION by the appellants for an order extending the time within which to serve and file their response to the motion to adduce new evidence to May 28, 2013;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2013-05-21 Submission of motion to extend time, Reg
2013-05-17 Motion to extend time, (Letter Form), joint motion by the appellants to extend the time to serve and file their response to a motion to adduce new evidence, Completed on: 2013-05-17 Antal Babos
2013-05-17 Correspondence received from, Yvan Poulin by fax, re: does not contest the request by the appellants to extend the time to serve and file their response to the motion to adduce new evidence Her Majesty the Queen
2013-05-16 Correspondence received from, Guylaine Tardif by fax, re: joint request by the appellants for an extension of time to file the response to the motion to adduce new evidence Antal Babos
2013-05-07 Motion to adduce new evidence, (Book Form), Further to Justice LeBel's order dated July 10/13 - 11 REDACTED COPIES FILED (entitled "Dossier complémentaire Caviardé") Aug. 30/13 (proof of service rcv'd September 6, 2013), Completed on: 2013-05-07 Her Majesty the Queen
2013-04-02 Appellant's book of authorities, Joint (5 volumes), Completed on: 2013-04-02 Antal Babos
2013-04-02 Appellant's record, Joint (7 volumes), Completed on: 2013-04-02 Antal Babos
2013-04-02 Appellant's factum, Completed on: 2013-04-02 Sergio Piccirilli
2013-04-02 Appellant's factum, Completed on: 2013-04-02 Antal Babos
2013-03-21 Correspondence received from, Guylaine Tardif dated March 21, 2013. Re: Will be the main counsel for Sergio Piccirilli Sergio Piccirilli
2013-02-11 Correspondence received from, Guylaine Tardif dated February 10, 2013. Re: Will not be representing Sergio Piccirilli. Co-counsel Patrick Davis is now the main counsel. Sergio Piccirilli
2012-12-21 Notice of appeal, Completed on: 2012-12-21 Sergio Piccirilli
2012-12-20 Notice of appeal, Completed on: 2012-12-20 Antal Babos
2012-12-12 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2012-11-23 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2012-11-23 Judgment on leave sent to the parties
2012-11-22 Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Numbers 500-10-004261-085 and 500-10-004264-089, 2012 QCCA 471, dated March 14, 2012, are granted without costs.
Granted, without costs
2012-10-01 All materials on application for leave submitted to the Judges, LeB Abe Cro
2012-06-22 Applicant's reply to respondent's argument, Completed on: 2012-06-22 Antal Babos
2012-06-13 Respondent's response on the application for leave to appeal, service missing, Completed on: 2012-06-14 Her Majesty the Queen
2012-06-13 Respondent's response on the application for leave to appeal, Completed on: 2012-06-14 Her Majesty the Queen
2012-05-16 Correspondence received from, Xuan Trung Nguyen dated May 16 re: error in form 25A Antal Babos
2012-05-15 Correspondence received from, Liette Robillard dated May 15 re: file numbers of the Quebec court Antal Babos
2012-05-15 Letter acknowledging receipt of a complete application for leave to appeal
2012-05-15 Letter acknowledging receipt of a complete application for leave to appeal, (SECOND APPLICATION)
2012-05-14 Application for leave to appeal, (SECOND APPLICATION), Completed on: 2012-05-15 Sergio Piccirilli
2012-05-14 Application for leave to appeal, (FIRST APPLICATION), new covers and corrected form 25A rec'd May 16, 2012, Completed on: 2012-05-15 Antal Babos