Docket

37235

Kwesi Millington v. Her Majesty the Queen

(British Columbia) (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)
2017-11-21 Appeal closed
2017-11-16 Transcript received, Joint with 37411; 95 pages
2017-10-31 Formal judgment sent to the registrar of the court of appeal and all parties
2017-10-31 Judgment on appeal and notice of deposit of judgment sent to all parties
2017-10-30 Judgment on the appeal rendered, Abe Mo Ka Wa Ga Côt Row, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA42876, 2016 BCCA 293, dated July 14, 2016, was heard on October 30, 2017, and the Court on that day delivered the following judgment orally:

ABELLA J. — A majority would dismiss the appeal substantially for the reasons of the Court of Appeal. Justice Côté, dissenting, would have ordered a new trial on the basis that the finding of collusion was unreasonable and tainted the other findings of the trial judge.
Dismissed
2017-10-30 Respondent's condensed book, (Book Form), Joint with 37411; Submitted in Court (14 copies) Her Majesty the Queen
2017-10-30 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Kwesi Millington
2017-10-30 Hearing of the appeal, 2017-10-30, Abe Mo Ka Wa Ga Côt Row
Judgment rendered
2017-10-19 Notice of appearance, (Letter Form), Glen Orris, Q.C., and Brian A. Crane, Q.C. will be present at the hearing. Mr. Orris will present oral arguments. Kwesi Millington
2017-10-19 Notice of appearance, (Letter Form), Joint with 37411; Richard C.C. Peck, Q.C., Eric V. Gottardi, and Tony Paisana will be present at the hearing. Mr. Gottardi will present oral arguments (37235) Her Majesty the Queen
2017-10-16 Correspondence received from, (Letter Form), 7 reserved seats requested Kwesi Millington
2017-10-11 Correspondence received from, 4 reserved seats requested Kwesi Millington
2017-09-29 Appeal perfected for hearing
2017-09-26 Respondent's book of authorities, (Book Form), Completed on: 2017-09-26 Her Majesty the Queen
2017-09-26 Respondent's factum, (Book Form), Completed on: 2017-09-26 Her Majesty the Queen
2017-09-25 Correspondence received from, Karen Collins dated 2017-09-22. Re: Missing pages of the record, Tab 1 Kwesi Millington
2017-08-21 Appeal hearing scheduled, 2017-10-30
Judgment rendered
2017-08-18 Notice of hearing sent to parties
2017-08-04 Certificate of counsel (attesting to record) Kwesi Millington
2017-08-04 Appellant's record, (Book Form), CD of Court of Appeal Records included at tab 12 of served copy - Supplementary record filed and served electronically only on 2017-09-22
Pages 2-10 of the Trial Court decision inserted at Tab 1 of the record on 2017/10/23, Completed on: 2017-08-04
Kwesi Millington
2017-08-04 Appellant's factum, (Book Form), Completed on: 2017-08-04 Kwesi Millington
2017-06-19 Notice of appeal, (Letter Form), Completed on: 2017-06-19, (Electronic version filed on 2017-06-19) Kwesi Millington
2017-05-19 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2017-05-19 Judgment on leave sent to the parties
2017-05-18 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2017-05-18 Judgment of the Court on the application for leave to appeal,
The motion to adduce fresh evidence is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA42876, 2016 BCCA 293, dated July 14, 2016, is granted.
Granted
2017-05-18 Decision on motion to adduce new evidence,
See judgment on application for leave to appeal.
Dismissed
2017-04-24 All materials on application for leave submitted to the Judges, for consideration by the Court
2017-04-24 Submission of motion to adduce new evidence, for consideration by the Court
2017-04-21 Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-04-21 Kwesi Millington
2017-04-18 Reply to motion to adduce new evidence, (Letter Form), Completed on: 2017-04-18 Kwesi Millington
2017-04-11 Response to the motion to adduce new evidence, Completed on: 2017-04-11 Her Majesty the Queen
2017-04-11 Certificate (on limitations to public access), (Letter Form) Her Majesty the Queen
2017-04-11 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-04-11 Her Majesty the Queen
2017-03-13 Certificate (on limitations to public access), (Letter Form) Kwesi Millington
2017-03-13 Motion to adduce new evidence, (Included in the application for leave to appeal), Completed on: 2017-03-13 Kwesi Millington
2017-03-13 Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2017-03-13 Kwesi Millington
2017-03-03 Notice of change of solicitor, (Letter Form), Glen Orris Q.C. (Glen Orris Q.C. Law Corp.) will be counsel and Brian A. Crane, Q.C. (Gowling WLG (Canada) LLP) will be agent for the applicant. Kwesi Millington
2016-11-29 Order on motion to extend the time to file and/or serve the leave application, by Justice Moldaver
2016-11-29 Decision on motion to extend time to file and /or serve the leave application, Mo, UPON APPLICATION by the applicant for an order extending the time to serve and file his application for leave to appeal to March 13, 2017;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2016-11-29 Submission of motion to extend time to file and/ or serve the leave application, Mo
2016-11-22 Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2016-11-22, (Electronic version filed on 2016-11-22) Kwesi Millington
2016-10-24 Order on motion to extend the time to file and/or serve the leave application, by Justice Moldaver
2016-10-24 Decision on motion to extend time to file and /or serve the leave application, Mo, UPON APPLICATION by the applicant for an order extending the time to serve and file the Application for Leave to Appeal to December 15, 2016;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2016-10-24 Submission of motion to extend time to file and/ or serve the leave application, Mo
2016-10-21 Certificate (on limitations to public access), (Letter Form), Amended, (Printed version filed on 2016-10-21) Kwesi Millington
2016-10-21 Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2016-10-21, (Printed version filed on 2016-10-21) Kwesi Millington
2016-10-14 Order on motion to extend the time to file and/or serve the leave application, By Justice Moldaver
2016-10-14 Decision on motion to extend time to file and /or serve the leave application, Mo, UPON APPLICATION by the applicant for an order extending the time to serve and file the Application for Leave to Appeal to October 27, 2016;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2016-10-14 Submission of motion to extend time to file and/ or serve the leave application, Mo
2016-10-04 Letter acknowledging receipt of a notice of application for leave to appeal
2016-09-29 Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2016-10-04, (Electronic version filed on 2016-09-29) Kwesi Millington
2016-07-14 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2016-07-14) Kwesi Millington
2016-07-14 Notice of application for leave to appeal, (Letter Form), Completed on: 2016-07-14, (Electronic version filed on 2016-07-14) Kwesi Millington