Docket

35548

Attorney General of Canada v. Anthony Barnaby

(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)
2015-06-03 Appeal closed
2015-05-29 Written reasons rendered after oral judgment, CJ Abe Ro Cro Mo Ka Wa Ga Côt
Allowed
2015-05-07 Transcript received, joint with 35527. 54 pages.
2015-04-24 Formal judgment sent to the registrar of the court of appeal and all parties
2015-04-24 Judgment on appeal and notice of deposit of judgment sent to all parties
2015-04-23 Judgment reserved OR rendered with reasons to follow
2015-04-23 Respondent's condensed book, (Letter Form), Received in the Court room. Anthony Barnaby
2015-04-23 Appellant's condensed book, (Book Form), Received in Court room. Attorney General of Canada
2015-04-23 Judgment on the appeal rendered, CJ Abe Ro Cro Mo Ka Wa Ga Côt, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-005141-120, 2013 QCCA 1305, dated July 31, 2013, was heard on April 23, 2015, and the Court on that day delivered the following judgment orally:

[TRANSLATION]
THE CHIEF JUSTICE — We are all of the view that the appeal should be allowed. The appeal is allowed and the decision of the Minister of Justice is reinstated with reasons to follow.
Allowed
2015-04-23 Hearing of the appeal, 2015-04-23, CJ Abe Ro Cro Mo Ka Wa Ga Côt
2015-03-13 Notice of hearing sent to parties
2015-03-10 Appeal hearing scheduled, 2015-04-23, (to be heard with 35527) (EARLY START 9AM)
2015-02-20 Correspondence (sent by the Court) to, all parties by mail, re: new hearing date
2015-01-21 Correspondence received from, Ginette Gobeil by fax, re: new hearing date Attorney General of Canada
2015-01-09 Order by, (ORDER RENDERED ON MOTION TO ADJOURN IN RELATED FILE 35527), Cro, UPON APPLICATION on behalf of the appellant, David Caplin, for an adjournment of the hearing scheduled for January 13, 2015;
AND THE MATERIAL FILED having been read;
AND NOTING THAT the within appeal is to be heard at the same time as the appeal
Attorney General of Canada v. Anthony Barnaby, file no. 35548;
IT IS HEREBY ORDERED THAT:
The motion is granted and the appeals in this file and in file no. 35548 are adjourned. The Registrar shall fix a new hearing date for these two appeals. A copy of this order shall be placed in file no. 35548 and shall be provided to the parties in that appeal.
Granted
2015-01-08 Correspondence received from, Clément Monterosso by fax, re: motion to adjourn in Caplin v. Minister of Justice of Canada (File no. 35527) Anthony Barnaby
2015-01-07 Correspondence received from, Respondent, re.: change of name for the law firm Anthony Barnaby
2014-12-15 Notice of appearance, Me Ginette Gobeil and Me Marc Ribeiro will be present at the hearing. Attorney General of Canada
2014-12-02 Notice of hearing sent to parties
2014-11-18 Notice of appearance, Clemente Monterosso will be present at the hearing. (Amended 2014-11-21, request that law clerk, Ms Larochelle assist him at the hearing, granted 2014-12-11) (Amended 2014-12-12, Philippe Taguay will also attend the hearing) Anthony Barnaby
2014-10-30 Appeal perfected for hearing
2014-10-28 Respondent's book of authorities, (Book Form), Completed on: 2014-11-04, (Electronic version filed on 2014-11-04) Anthony Barnaby
2014-10-28 Respondent's factum, (Book Form), Proof of service missing. Received 2014-10-29., Completed on: 2014-11-04, (Electronic version filed on 2014-11-04) Anthony Barnaby
2014-09-02 Certificate of counsel (attesting to record) Attorney General of Canada
2014-09-02 Appellant's book of authorities, (Book Form), Completed on: 2014-09-02 Attorney General of Canada
2014-09-02 Appellant's record, (Book Form), Completed on: 2014-09-02 Attorney General of Canada
2014-09-02 Appellant's factum, (Book Form), CD to come - rec'd Sept. 9, 2014, Completed on: 2014-09-10, (Electronic version filed on 2014-09-09) Attorney General of Canada
2014-09-02 Correspondence received from, Richard Gaudreau re: agent for the respondent Anthony Barnaby
2014-06-09 Notice of appeal, Completed on: 2014-06-09 Attorney General of Canada
2014-06-04 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2014-05-09 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2014-05-09 Judgment on leave sent to the parties
2014-05-08 Judgment of the Court on the application for leave to appeal, The respondent’s motion for an extension of time to serve and file a response to the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-005141-120, 2013 QCCA 1305, dated July 31, 2013, is granted without costs. This case is to be heard with David Caplin v. Minister of Justice of Canada (35527).
Granted, without costs
2014-05-08 Decision on motion to extend time, See judgment
Granted
2014-05-07 Submission of motion to extend time, LeB Ka Wa
2014-04-24 Correspondence received from, (Letter Form), the applicant advising that they will not be filing a Rule 28 reply. Attorney General of Canada
2014-04-23 Order on miscellaneous motion, (by the REGISTRAR)
2014-04-23 Decision on the miscellaneous motion, Reg, UPON APPLICATION by the respondent pursuant to the provisions of Rule 32(2) of the Rules of the Supreme Court of Canada for an order permitting the respondent to file materials after the application for leave to appeal has been submitted to the Court, namely:
1. A motion for an extension of time to serve and file the response to the application for leave to appeal; and
2. A response to the application for leave to appeal.
AND THE MATERIAL FILED having been read
AND NOTING that the applicant does not oppose the motion;
IT IS HEREBY ORDERED THAT:
The motion pursuant to the provisions of Rule 32(2) of the Rules of the Supreme Court of Canada is granted. The motion for an extension of time and the response to the application for leave to appeal shall be submitted to the panel considering the application for leave to appeal.
Allowed
2014-04-23 Submission of miscellaneous motion, (Rule 32(2)), Reg
2014-04-22 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-04-22 Anthony Barnaby
2014-04-22 Notice of miscellaneous motion, (Letter Form), (Rule 32(2)), Completed on: 2014-04-22, (By fax - electronic (and/or paper) version due on 2014-04-29) Attorney General of Canada
2014-04-17 Motion to extend time, (Letter Form), to file a response., Completed on: 2014-04-17 Anthony Barnaby
2014-03-03 All materials on application for leave submitted to the Judges, LeB Ka Wa
2013-10-01 Letter acknowledging receipt of a complete application for leave to appeal
2013-09-30 Application for leave to appeal, Completed on: 2013-09-30 Attorney General of Canada