Docket
35049
Her Majesty the Queen v. Nelson Lloyd Hart
(Newfoundland & Labrador) (Criminal) (By Leave)
(Publication ban in case)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
Date | Proceeding | Filed By (if applicable) |
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2014-08-05 | Appeal closed | |
2014-08-01 | Formal judgment sent to the registrar of the court of appeal and all parties | |
2014-08-01 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
2014-07-31 | Judgment on the appeal rendered, CJ LeB Abe Cro Mo Ka Wa, The appeal from the judgment of the Supreme Court of Newfoundland and Labrador - Court of Appeal, Number 07/30, 2012 NLCA 61, dated September 17, 2012, heard on December 3, 2013, is dismissed. Dismissed |
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2014-05-23 | Correspondence received from, Robby D. Ash by fax, re: requesting relief of his undertaking dated December 5, 2013 | Nelson Lloyd Hart |
2013-12-17 | Transcript received, (192 pages) | |
2013-12-05 | Correspondence received from, Robby D. Ash by fax, re: undertaking further to the letter of the Deputy Registrar dated December 4, 2013 (Joint with 35093) | Nelson Lloyd Hart |
2013-12-04 | Correspondence (sent by the Court) to, Robby D. Ash and Henry Brown, Q.C. by hand & facsimile, re: DVD of hearing (Joint with 35093) | |
2013-12-03 | Judgment reserved OR rendered with reasons to follow | |
2013-12-03 | Amicus curiae's condensed book, Submitted in Court (14 copies) | Marie Henein |
2013-12-03 | Respondent's condensed book, Submitted in Court (14 copies) | Nelson Lloyd Hart |
2013-12-03 | Appellant's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
2013-12-03 | General proceeding, Questionnaire following the hearing concerning the publication ban | Nelson Lloyd Hart |
2013-12-03 | General proceeding, Questionnaire following the hearing concerning the publication ban | Her Majesty the Queen |
2013-12-03 | Acknowledgement and consent for video taping of proceedings, From all parties | |
2013-12-03 | Hearing of the appeal, 2013-12-03, CJ LeB Abe Cro Mo Ka Wa Judgment reserved |
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2013-11-29 | Correspondence received from, 2 reserved seats requested | Her Majesty the Queen |
2013-11-29 | Correspondence (sent by the Court) to, Henry S. Brown, Q.C. by fax, re: digital recording of the appeal hearing | |
2013-11-27 | Correspondence received from, Robby D. Ash by fax, re: counsel sheet order | Nelson Lloyd Hart |
2013-11-26 | Notice of appearance, Marie Henein and Matthew Gourlay will be present at the hearing. | Marie Henein |
2013-11-25 | Notice of appearance, François Dadour and Harout Haladjian will be present at the hearing. | Association des avocats de la défense de Montréal |
2013-11-25 | Notice of appearance, Michael Sobkin will be present at the hearing. | British Columbia Civil Liberties Association |
2013-11-25 | Correspondence received from, Henry S. Brown, Q.C. dated 2013-11-25 re: appeal broadcast | Nelson Lloyd Hart |
2013-11-25 | Notice of appearance, François Dadour and Harout Haladjian will be present at the hearing. | Association des avocats de la défense de Montréal |
2013-11-25 | Notice of appearance, Michael Bernstein will be present at the hearing. | Attorney General of Ontario |
2013-11-22 | Notice of appearance, No one will be present at the hearing. | Canadian Civil Liberties Association |
2013-11-21 | Notice of appearance, Russell Silverstein and Michael Dineen will be present at the hearing. | Association in Defence of the Wrongly Convicted |
2013-11-21 | Notice of appearance, Philip Campbell and Jonathan Dawe will be present at the hearing. | Criminal Lawyers' Association of Ontario |
2013-11-12 | Correspondence received from, 6 reserved seats requested | Director of Public Prosecutions |
2013-11-12 | Notice of appearance, Pierre Bienvenue will be present at the hearing. | Directeur des poursuites criminelles et pénales du Québec |
2013-11-08 | Order by, Ro, Joint with 35093 FURTHER TO THE ORDER dated October 22, 2013 setting the time for oral argument in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY FURTHER ORDERED THAT: 1. The respondent Nelson Lloyd Hart and the amicus curiae shall divide their time as follows: Nelson Lloyd Hart 25 minutes Amicus curiae 35 minutes 2. The request of the appellant in Her Majesty the Queen v. Nelson Lloyd Hart (35049) for additional time for oral argument is denied. Granted |
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2013-11-06 | Notice of appearance, Lesley Ruzicka will be present at the hearing. | Attorney General for the Province of British Columbia |
2013-11-06 | Notice of appearance, Frances Knickle and Elaine Reid will be present at the hearing. | Her Majesty the Queen |
2013-11-05 | Correspondence received from, Gowlings by fax, re: Criminal Lawyers' Association of Ontario and Association in Defence of the Wrongly Convicted will each take 15 minutes of oral argument from the time allowed in Justice Rothstein's order | Association in Defence of the Wrongly Convicted |
2013-11-05 | Notice of appearance, Jamie Merrigan and Robby Ash will be present at the hearing. | Nelson Lloyd Hart |
2013-11-05 | Notice of appearance, James Martin and Natasha Thiessen will be present at the hearing. | Director of Public Prosecutions |
2013-11-04 | Correspondence received from, James C. Martin by fax, re: Crown interveners will equally share the 30 minutes allotted to them in Justice Rothstein's order | Director of Public Prosecutions |
2013-11-01 | Correspondence received from, Robrt E. Houston, in response to letter of amicus curiae received October 30, 2013 re: length of oral submissions at hearing of appeal. | Her Majesty the Queen |
2013-10-30 | Correspondence received from, (amicus curiae) requesting further time for oral argument at the appeal hearing | Marie Henein |
2013-10-24 | Correspondence received from, Robert E. Houston, Q.C. by hand, re: pages with corrections to be inserted in factum (sent to the Court on October 28, 2013) | Her Majesty the Queen |
2013-10-23 | Correspondence received from, Robert E. Houston, Q.C. by hand, re: corrections to factum (sent to the Court on October 28, 2013) | Her Majesty the Queen |
2013-10-22 | Order by, (Joint with 35093), Ro, THE FOLLOWING ORDER IS RENDERED: The time for oral argument at the hearing of these appeals shall be as follows: Her Majesty the Queen (35049 - R. v. Hart): 45 minutes Nelson Lloyd Hart and Amicus curiae (35049 - R. v. Hart): Total of 45 minutes Dax Richard Mack (35093 - Mack v. R.): 45 minutes Her Majesty the Queen (35093 - Mack v. R.): 45 minutes Total of 30 minutes: Director of Public Prosecutions (35049 - R. v. Hart) Attorney General of Ontario (35049 - R. v. Hart and 35093 - Mack v. R.) Directeur des poursuites criminelles et pénales du Québec (35049 - R. v. Hart) Attorney General for the Province of British Columbia (35049 - R. v. Hart and 35093 - Mack v. R.) Total of 30 minutes: Association in Defence of the Wrongly Convicted (35049 - R. v. Hart) British Columbia Civil Liberties Association (35049 - R. v. Hart) Criminal Lawyers' Association of Ontario (35049 - R. v. Hart) Canadian Civil Liberties Association (35049 - R. v. Hart) Association des avocats de la défense de Montréal (35049 - R. v. Hart) Reply (35049 - R. v. Hart): 5 minutes Reply (35093 - Mack v. R.): 5 minutes The respondent Nelson Lloyd Hart and the amicus curiae shall consult to determine how the allotted time will be divided between them and shall inform the Court of their determination in writing. Each group of interveners shall consult to determine how the allotted time will be divided among them and shall inform the Court of their determination in writing. The written proposals of the interveners, the respondent and the amicus curiae shall be served and filed no later than November 5, 2013. Allowed in part |
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2013-10-22 | Appeal hearing scheduled, 2013-12-03, Early start 9:00 a.m. Judgment reserved |
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2013-10-16 | Intervener's book of authorities, Completed on: 2013-10-16 | Association in Defence of the Wrongly Convicted |
2013-10-08 | Intervener's book of authorities, Completed on: 2013-10-08 | Directeur des poursuites criminelles et pénales du Québec |
2013-10-08 | Intervener's factum, Completed on: 2013-10-08 | Directeur des poursuites criminelles et pénales du Québec |
2013-10-08 | Intervener's book of authorities, Joint with 35093, Completed on: 2013-10-08 | Attorney General of Ontario |
2013-10-08 | Intervener's factum, Joint with 35093, Completed on: 2013-10-08 | Attorney General of Ontario |
2013-10-08 | Intervener's book of authorities, Completed on: 2013-10-08 | Director of Public Prosecutions |
2013-10-08 | Intervener's factum, Completed on: 2013-10-08 | Director of Public Prosecutions |
2013-10-08 | Intervener's book of authorities, Joint with 35093 (3 volumes), Completed on: 2013-10-08 | Attorney General for the Province of British Columbia |
2013-10-08 | Intervener's factum, Joint with 35093, Completed on: 2013-10-08 | Attorney General for the Province of British Columbia |
2013-10-08 | Intervener's book of authorities, Completed on: 2013-10-08 | Canadian Civil Liberties Association |
2013-10-08 | Intervener's factum, Completed on: 2013-10-08 | Canadian Civil Liberties Association |
2013-10-08 | Intervener's book of authorities, Completed on: 2013-10-08 | British Columbia Civil Liberties Association |
2013-10-08 | Intervener's factum, Completed on: 2013-10-08 | British Columbia Civil Liberties Association |
2013-10-08 | Intervener's book of authorities, Completed on: 2013-10-08 | Association des avocats de la défense de Montréal |
2013-10-08 | Intervener's factum, Completed on: 2013-10-08 | Association des avocats de la défense de Montréal |
2013-10-07 | Intervener's book of authorities, Completed on: 2013-10-07 | Criminal Lawyers' Association of Ontario |
2013-10-07 | Intervener's factum, Completed on: 2013-10-07 | Criminal Lawyers' Association of Ontario |
2013-10-07 | Intervener's factum, Completed on: 2013-10-07 | Association in Defence of the Wrongly Convicted |
2013-09-12 | Appeal perfected for hearing | |
2013-09-11 | Correspondence received from, Frances Knickle re: missing pages in the appellant's record | Her Majesty the Queen |
2013-09-06 | Amicus curiae's book of authorities, (2 volumes), Completed on: 2013-09-06 | Marie Henein |
2013-09-06 | Amicus curiae's factum, Completed on: 2013-09-06 | Marie Henein |
2013-09-03 | Notice of hearing sent to parties | |
2013-08-30 | Correspondence received from, Frances Knickle re: Missing pages in Appelant's Record | Her Majesty the Queen |
2013-08-30 | Respondent's factum, (Book Form), Completed on: 2013-10-08 | Nelson Lloyd Hart |
2013-08-30 | Respondent's record, (Book Form), Completed on: 2013-08-30 | Nelson Lloyd Hart |
2013-08-30 | Respondent's book of authorities, (Book Form), Volumes 1-2, Completed on: 2013-08-30 | Nelson Lloyd Hart |
2013-08-13 | Order on motion to extend time, (by ROTHSTEIN J.) | |
2013-08-13 | Decision on motion to extend time, to serve and file the motion for intervention, Ro | |
2013-08-13 | Submission of motion to extend time, to serve and file the motion for intervention, Ro | |
2013-08-13 | Order on motion for leave to intervene, (By ROTHSTEIN J.) | |
2013-08-13 | Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the Association in Defence of the Wrongly Convicted, the Criminal Lawyers’ Association of Ontario, the Attorney General of Ontario, Gerald Robert Ryan, the British Columbia Civil Liberties Association, the Attorney General for the province of British Columbia, the Canadian Civil Liberties Association, the Director of Public Prosecution and the Directeur des poursuites criminelles et pénales du Québec for leave to intervene in the above appeal; AND UPON APPLICATION by the Association des avocats de la défense de Montréal 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 Association in Defence of the Wrongly Convicted, the Criminal Lawyers' Association of Ontario, the Attorney General of Ontario, the British Columbia Civil Liberties Association, the Attorney General for the province of British Columbia, the Canadian Civil Liberties Association, the Director of Public Prosecution and the Directeur des poursuites criminelles et pénales du Québec are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length on or before October 8, 2013. The motion for an extension of time to apply for leave to intervene and for leave to intervene of the Association des avocats de la défense de Montréal 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 October 8, 2013. The motion for leave to intervene of Gerald Robert Ryan is dismissed. The request to present oral argument is 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. To the extent that the interests are similar, interveners shall consult to avoid repetition. 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 Allowed in part |
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2013-08-13 | Submission of motion for leave to intervene, Ro | |
2013-08-06 | Response to the motion for leave to intervene, (Letter Form), from Robert E. Houston, Q.C. dated Aug. 6/13 (by Association des avocats de la défense de Montréal), Completed on: 2013-08-06 | Her Majesty the Queen |
2013-08-06 | Motion for leave to intervene, (original affidavit filed Aug 12/13), Completed on: 2013-08-06 | Association des avocats de la défense de Montréal |
2013-08-06 | Motion to extend time, to serve and file the motion for leave to intervene of the Association des avocats de la défense de Montréal to Aug. 6/13, Completed on: 2013-08-06 | Association des avocats de la défense de Montréal |
2013-08-02 | Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated Aug. 2/13 (by Association des avocats de la défense de Montréal), Completed on: 2013-08-02 | Nelson Lloyd Hart |
2013-07-29 | Order on motion to extend time | |
2013-07-29 | Decision on motion to extend time, DeRg, to serve and file the factum and the book of authorities of the amicus curiae to Sept. 6/13 Granted |
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2013-07-29 | Submission of motion to extend time, DeRg | |
2013-07-22 | Response to motion to extend time, email from Frances Knickle dated July 2/13, Completed on: 2013-07-22 | Her Majesty the Queen |
2013-07-22 | Response to motion to extend time, email from Henry S. Brown, Q.C. dated July 22/13, Completed on: 2013-07-22 | Nelson Lloyd Hart |
2013-07-22 | Motion to extend time, to serve and file the factum and the book of authorities of the amicus curiae to Sept. 6/13, Completed on: 2013-07-22 | Marie Henein |
2013-07-18 | Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated July 18/13 (by BCCLA), Completed on: 2013-07-18 | Nelson Lloyd Hart |
2013-07-18 | Response to the motion for leave to intervene, (Letter Form), from Robert E. Houston, Q.C. dated July 18/13 (by BCCLA), Completed on: 2013-07-18 | Her Majesty the Queen |
2013-07-17 | Response to the motion for leave to intervene, (Letter Form), from Robert E. Houston, Q.C. dated July 17/13 (to 7 interveners), Completed on: 2013-07-17 | Her Majesty the Queen |
2013-07-11 | Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated July 10/13 (by CCLA, CLAO and AG of ON), Completed on: 2013-07-11 | Nelson Lloyd Hart |
2013-07-10 | Motion for leave to intervene, service missing, Completed on: 2013-07-31 | Directeur des poursuites criminelles et pénales du Québec |
2013-07-10 | Motion for leave to intervene, Completed on: 2013-07-10 | Director of Public Prosecutions |
2013-07-10 | Correspondence received, from Pierre Landry dated July 10/13 re intends to file an intervention on behalf of the Association des avocats de la défense de Montréal on August 6/13 | |
2013-07-10 | Motion for leave to intervene, (Book Form), Completed on: 2013-07-10 | Canadian Civil Liberties Association |
2013-07-10 | Motion for leave to intervene, (Book Form), Completed on: 2013-07-10 | Attorney General for the Province of British Columbia |
2013-07-09 | Motion for leave to intervene, (Book Form), Completed on: 2013-07-09 | British Columbia Civil Liberties Association |
2013-07-09 | Motion for leave to intervene, (Book Form), Completed on: 2013-07-09 | Attorney General of Ontario |
2013-07-05 | Motion for leave to intervene, (Book Form), Completed on: 2013-07-05 | Gerald Robert Ryan |
2013-07-05 | Reply to the motion for leave to intervene, (Book Form), Completed on: 2013-07-05 | Association in Defence of the Wrongly Convicted |
2013-07-04 | Motion for leave to intervene, (Book Form), Completed on: 2013-07-04 | Criminal Lawyers' Association of Ontario |
2013-07-04 | Correspondence received from, Marie Henein by fax, re: request for an extension to serve and file their factum and book of authorities | Marie Henein |
2013-06-28 | Response to the motion for leave to intervene, (Letter Form), (by fax) from Frances Knickle dated June 28/13 (by AWC) (original rec'd July 5/13), Completed on: 2013-06-28 | Her Majesty the Queen |
2013-06-24 | Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C., dated June 21/13, Completed on: 2013-06-24 | Nelson Lloyd Hart |
2013-06-21 | Motion for leave to intervene, Completed on: 2013-06-21 | Association in Defence of the Wrongly Convicted |
2013-06-12 | Appellant's record, (Book Form), Vol. 1 to 18, Completed on: 2013-06-12 | Her Majesty the Queen |
2013-06-12 | Appellant's book of authorities, (Book Form), Vol. 1 and 2, Completed on: 2013-06-12 | Her Majesty the Queen |
2013-06-12 | Appellant's factum, (Book Form), Completed on: 2013-06-12 | Her Majesty the Queen |
2013-05-02 | Correspondence (sent by the Court) to, Marie Henein dated May 2/13 re her appointment as amicus curiae | |
2013-04-24 | Order on motion to appoint counsel, (by KARAKATSANIS J.) | |
2013-04-24 | Decision on motion to appoint counsel, Ka, UPON APPLICATION by the appellant for an order appointing an amicus curiae pursuant to s. 92 of the Rules of the Supreme Court of Canada; AND UPON the request of the respondent, Mr. Nelson Lloyd Hart, for an order appointing Mr. Robby D. Ash to act as his counsel in this appeal pursuant to s. 694.1 of the Criminal Code; AND UPON noting that the appellant agrees to fund the appointment of an amicus curiae; IT IS HEREBY ORDERED THAT: 1) Ms. Marie Henein be appointed as amicus curiae to assist the Court by serving and filing a factum and book of authorities on or before August 30, 2013, and by making oral submissions at the hearing of the appeal. Ms. Henein is permitted to be assisted by a junior counsel; 2) Mr. Robby D. Ash be appointed counsel for the respondent pursuant to s. 694.1 of the Criminal Code and is permitted to be assisted by a junior counsel. Mr. Ash’s factum, record and book of authorities shall be served and filed on or before August 30, 2013; 3) The reasonable fees and disbursements of Ms. Henein and Mr. Ash, and any junior counsel, shall be paid by the Attorney General of Newfoundland and Labrador Granted |
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2013-04-24 | Submission of motion to appoint counsel, Ka | |
2013-04-11 | Correspondence received from, Mr. Hart dated March 28/13 | Nelson Lloyd Hart |
2013-04-09 | Reply to motion to appoint counsel, (Letter Form), from Frances Knickle dated Apr. 9/13 (original rec'd Apr. 12/13), Completed on: 2013-04-09 | Her Majesty the Queen |
2013-04-04 | Correspondence received from, Mr. Hart (by fax) dated Apr. 2/13 re wants to have Robby Ash to represent him | Nelson Lloyd Hart |
2013-04-04 | Response to motion to appoint counsel, (Letter Form), from Robby D. Ash dated Apr. 4/13 re: has been instructed by Mr. Hart to act as his counsel in this appeal, Completed on: 2013-04-04 | Nelson Lloyd Hart |
2013-04-02 | Motion to appoint counsel, (Book Form), to wit an amicus curiae, Completed on: 2013-04-02 | Her Majesty the Queen |
2013-03-14 | Notice of appeal, CD missing - Rec'd on March 20, 2013, Completed on: 2013-03-20 | Her Majesty the Queen |
2013-03-08 | Correspondence (sent by the Court) to, Nelson Lloyd Hart, re: we require notice of change of counsel or motion for the appointment of counsel | |
2013-03-08 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
2013-03-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
2013-03-01 | Judgment on leave sent to the parties | |
2013-02-28 | Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Supreme Court of Newfoundland and Labrador - Court of Appeal, Number 07/30, 2012 NLCA 61, dated September 17, 2012, is granted without costs. Granted, without costs |
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2013-01-15 | Correspondence received, from the Deputy Registrar of the Supreme Court of NL (Court of Appeal), re: C/A order appointing Jeffrey Brace as counsel for Nelson Lloyd Hart before the Court of Appeal, rcv'd by fax, dated January 15, 2013. | |
2013-01-15 | Correspondence received from, Ron Whelan Jr. (Assistant Deputy Registrar of the Supreme Court of NL - Court of Appeal), re: completed self-rep questionnaire from Mr. Nelson Lloyd Hart, letter dated January 8, 2013. | Nelson Lloyd Hart |
2013-01-14 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
2012-12-17 | Correspondence (sent by the Court) to, Nelson Lloyd Hart, re: self-rep questionnaire | |
2012-12-13 | Discontinuance of motion to appoint counsel, of the motion for appointment of Amicus and for extension of time filed Nov. 30/12 | Nelson Lloyd Hart |
2012-12-12 | General proceeding, Order of the Assistant Deputy Registrar of the C/A of NL re Rosellen Sullivan discharged as counsel for the respondent (amended order rec'd Dec. 13/12) | Her Majesty the Queen |
2012-12-10 | Correspondence received from, Henry S. Brown, Q.C. dated Dec. 7/12 re respondent consents to both funding and the appointment of Amicus | Her Majesty the Queen |
2012-12-07 | Correspondence received from, Robert E. Houston, Q.C. dated Dec. 7/12 joint with a letter addressed to Mr. Hart re appointment of amicus curiae | Her Majesty the Queen |
2012-12-06 | Response to the motion to appoint counsel, (Letter Form), from Robert E. Houston, Q.C. dated Dec. 6/12, Completed on: 2012-12-06 | Her Majesty the Queen |
2012-11-30 | Motion to appoint counsel, AMENDED Rosellen Sullivan and Peter Ralph, Q.C. as Amicus Curiae (joint with an extension of time to file the respondent's response to Jan. 18/13) (original rec'd Dec. 11/12), Completed on: 2012-11-30 | Nelson Lloyd Hart |
2012-11-30 | Discontinuance of motion to appoint counsel | Nelson Lloyd Hart |
2012-11-27 | Affidavit, of service upon Mr. Hart on Nov. 21/12 | Her Majesty the Queen |
2012-11-20 | Motion to appoint counsel, Rosellen Sullivan and Peter Ralph, Q.C. as Amicus Curiae (joint with an extension of time to file the respondent's response to Jan. 18/13), Completed on: 2012-11-20 | Nelson Lloyd Hart |
2012-10-25 | Letter acknowledging receipt of a complete application for leave to appeal | |
2012-10-25 | Application for leave to appeal, (2 volumes), Completed on: 2012-10-25 | Her Majesty the Queen |
- Date modified: