Docket

36816

Scott Diamond v. Her Majesty the Queen in Right of Newfoundland and Labrador, et al.

(Newfoundland & Labrador) (Criminal) (As of Right)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2016-11-08 Appeal closed
2016-11-04 Formal judgment sent to the registrar of the court of appeal and all parties
2016-11-04 Judgment on appeal and notice of deposit of judgment sent to all parties
2016-11-03 Judgment on the appeal rendered, Ka Wa Ga Côt Br,
The appeal from the judgment of the Supreme Court of Newfoundland and Labrador - Court of Appeal, Number 14/68, 2015 NLCA 60, dated December 23, 2015, was heard on October 12, 2016, and the Court on November 3, 2016, delivered the following judgment:

KARAKATSANIS J. — The majority of the Court is of the view that the appeal should be dismissed, substantially for the reasons of Harrington J.A., 2015 NLCA 60, 371 Nfld. & P.E.I.R. 200, at paras. 22-26. Gascon and Côté JJ., dissenting, would have allowed the appeal, substantially for the reasons of White J.A., at paras. 44-48.

The appeal is accordingly dismissed.
Dismissed
2016-10-26 Transcript received, 39 pages
2016-10-12 Judgment reserved OR rendered with reasons to follow
2016-10-12 Respondent's condensed book, (Book Form), Sumbitted in Court (14 copies) Her Majesty the Queen in Right of Canada
2016-10-12 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Her Majesty the Queen in Right of Newfoundland and Labrador
2016-10-12 Appellant's condensed book, (Book Form), submitted in Court (14 copies), (Electronic version filed on 2016-10-11) Scott Diamond
2016-10-12 Hearing of the appeal, 2016-10-12, Ka Wa Ga Côt Br
Judgment reserved
2016-09-27 Notice of appearance, Paul Adams and Robin Fowler will appear for Canada; Mr. Adams will be presenting oral arguments Her Majesty the Queen in Right of Canada
2016-09-26 Notice of appearance, Mr. Jason Edwards will be appearing for the appellant. Scott Diamond
2016-09-26 Notice of appearance, Lloyd M. Strickland will be appearing for the respondent, Her Majesty the Queen in Right of Newfoundland and Labrador Her Majesty the Queen in Right of Newfoundland and Labrador
2016-08-16 Notice of hearing sent to parties
2016-08-10 Appeal hearing scheduled, 2016-10-12
Judgment reserved
2016-06-16 Appeal perfected for hearing
2016-06-07 Respondent's book of authorities, Completed on: 2016-06-07 Her Majesty the Queen in Right of Canada
2016-06-07 Respondent's factum, Completed on: 2016-06-07 Her Majesty the Queen in Right of Canada
2016-06-03 Certificate (on limitations to public access) Her Majesty the Queen in Right of Newfoundland and Labrador
2016-06-03 Respondent's book of authorities, Completed on: 2016-06-03 Her Majesty the Queen in Right of Newfoundland and Labrador
2016-06-03 Respondent's factum, Completed on: 2016-06-03 Her Majesty the Queen in Right of Newfoundland and Labrador
2016-04-22 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2016-04-22 Judgment on leave sent to the parties
2016-04-21 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 14/68, 2015 NLCA 60, dated December 23, 2015, is dismissed.

Dismissed
2016-04-12 Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-04-12) Scott Diamond
2016-04-12 Appellant's book of authorities, (Book Form), Completed on: 2016-04-12, (Electronic version filed on 2016-04-12) Scott Diamond
2016-04-12 Appellant's record, (Book Form), Completed on: 2016-04-12, (Electronic version filed on 2016-04-12) Scott Diamond
2016-04-12 Appellant's factum, (Book Form), Completed on: 2016-04-12, (Electronic version filed on 2016-04-12) Scott Diamond
2016-04-04 All materials on application for leave submitted to the Judges, CJ Mo Ga
2016-03-16 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-03-16) Her Majesty the Queen in Right of Newfoundland and Labrador
2016-03-16 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2016-03-16, (Electronic version filed on 2016-03-16) Her Majesty the Queen in Right of Newfoundland and Labrador
2016-03-07 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-03-07) Her Majesty the Queen in Right of Canada
2016-03-07 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2016-03-07, (Electronic version filed on 2016-03-07) Her Majesty the Queen in Right of Canada
2016-02-19 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-02-19) Scott Diamond
2016-02-19 Application for leave to appeal, (Book Form), Completed on: 2016-02-19, (Electronic version filed on 2016-02-19) Scott Diamond
2016-02-09 Correspondence received from, (Letter Form), François Lacasse re: Style of Cause, (Electronic version filed on 2016-02-09) Her Majesty the Queen in Right of Canada
2016-01-28 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2016-01-25 Letter acknowledging receipt of a notice of appeal, (File open)
2016-01-20 Certificate (on limitations to public access), (Letter Form), Amended Certificat re: style of cause rec'd 2016-02-19, (Electronic version filed on 2016-02-19) Scott Diamond
2016-01-20 Notice of appeal, (Letter Form), New covers and amended Notice rec'd 2016-02-19 re: style of cause, Completed on: 2016-02-22, (Electronic version filed on 2016-02-19) Scott Diamond