Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
19545
Brian David Laviolette v. Her Majesty the Queen
(Prince Edward Island) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1988-01-05 | General proceeding, copy of judgement to J. MacDougall | Her Majesty the Queen |
| 1988-01-05 | General proceeding, copy of judgement to D.E. Coombs | Brian David Laviolette |
| 1988-01-04 | Formal judgment sent to the registrar of the court of appeal and all parties, to MacMillan (Charlottetown, PEI) with record | |
| 1987-12-22 | Correspondence (sent by the Court) to, advising of judgement to MacMillan | |
| 1987-12-03 |
Judgment on the appeal rendered, allowed, appelant's conviction is set aside and a new trial is ordered, CJ B E McI C La W LeD LaF Allowed, no order as to costs |
|
| 1987-06-24 | General proceeding, to note trial court exhibits | Brian David Laviolette |
| 1987-06-24 | General proceeding, to note trial court record | Brian David Laviolette |
| 1986-12-11 |
Hearing of the appeal, 1986-12-11, CJ B E McI C La W LeD LaF Decision reserved |
|
| 1986-11-19 | Respondent's factum, 21 copies | Her Majesty the Queen |
| 1986-09-29 |
Appeal hearing scheduled, 1986-12-11 Decision reserved |
|
| 1986-09-22 | Order on motion to expedite the appeal | |
| 1986-09-22 | Order on motion to expedite the appeal | |
| 1986-09-22 | Order on motion to file a lengthy factum | |
| 1986-09-15 | Appeal perfected for hearing, Session beginning on 1986-09-29 | |
| 1986-09-15 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause Granted, no order as to costs |
|
| 1986-09-15 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1986-09-15 | |
| 1986-09-15 | Hearing of motion to expedite the appeal, 1986-09-15 | |
| 1986-09-15 | Submission of motion to expedite the appeal, 1986-09-15 | |
| 1986-09-12 |
Decision on motion to expedite the appeal, McI Granted, no order as to costs |
|
| 1986-09-12 | Hearing of motion to expedite the appeal, 1986-09-12, McI | |
| 1986-09-12 | Submission of motion to expedite the appeal, 1986-09-12, McI | |
| 1986-09-09 | Response to motion to expedite the appeal | Her Majesty the Queen |
| 1986-09-09 | Motion to expedite the appeal | Brian David Laviolette |
| 1986-09-09 | Affidavit | Brian David Laviolette |
| 1986-09-09 | Motion to expedite the appeal | Brian David Laviolette |
| 1986-09-08 | Appellant's factum, 20 copies | Brian David Laviolette |
| 1986-09-08 |
Decision on motion to file a lengthy factum, LaF Granted, no order as to costs |
|
| 1986-09-08 | Hearing of motion to file a lengthy factum, 1986-09-08, LaF | |
| 1986-09-08 | Submission of motion to file a lengthy factum, 1986-09-08, LaF | |
| 1986-09-05 | Response to the motion to file a lengthy factum | Her Majesty the Queen |
| 1986-09-05 | Affidavit | Brian David Laviolette |
| 1986-09-05 | Motion to file a lengthy factum | Brian David Laviolette |
| 1986-09-02 | Order granting leave to appeal | |
| 1986-03-14 | Case on appeal, 21 copies vols. 1 to 3 | Brian David Laviolette |
| 1986-01-08 | Notice of appeal, With service | Brian David Laviolette |
| 1985-12-10 |
Judgment of the Court on the application for leave to appeal, McI W LeD Granted, no order as to costs |
|
| 1985-10-28 |
Hearing of the application for leave to appeal, 1985-10-28, McI W LeD Decision reserved |
|
| 1985-10-28 |
All materials on application for leave submitted to the Judges, 1985-10-28, McI W LeD Decision reserved |
|
| 1985-10-28 | Application for leave to appeal, 5 copies, Completed on: 1985-10-28 | Brian David Laviolette |
| 1985-10-18 | Respondent's response on the application for leave to appeal, 5 copies | Her Majesty the Queen |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Laviolette, Brian David | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Laviolette, Brian David
Counsel
82 FITZROY ST
PO BOX 1056 STN CENTRAL
CHARLOTTETOWN, Prince Edward Island
C1A 7M4
Telephone: (902) 892-3544
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Her Majesty the Queen
Counsel
PROVINCIAL ADMINISTRATION BLDG
PO BOX 2000
CHARLOTTETOWN, Prince Edward Island
C1A 7N8
Telephone: (902) 368-4825
FAX: (902) 368-4121
Agent
Ottawa, Ontario
K1P 5C9
Telephone: (613) 236-6641
FAX: (613) 563-9596
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
None.
Lower court rulings
Supreme Court of Prince Edward Island, Trial Division
not available
conviction: second degree murder
Supreme Court of Prince Edward Island, Appeal Division
GDC-3220
appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available