Skip to main content

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.


20095

Kenneth James, et al. v. Her Majesty the Queen

(Ontario) (Civil) (By Leave)

Docket

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

List of proceedings
Date Proceeding Filed By
(if applicable)
1991-04-09 Record returned to the Registrar of the Court of Appeal, (Toronto,ON)
1988-07-14 Copy of formal judgment being prepared, Registrar (Toronto,ON)
1988-07-14 Copy of formal judgment being prepared, Mr. Morrison (Toronto,ON)
1988-05-25 Judgment on the appeal rendered, CJ McI La W LeD LaF L'HD
Dismissed, no order as to costs
1988-05-25 Hearing of the appeal, 1988-05-25, CJ McI La W LeD LaF L'HD
1988-05-20 Appeal hearing scheduled, 1988-05-25
1988-05-20 Book of authorities, 10 copies Kenneth James
1988-05-18 Book of authorities, 10 copies Her Majesty the Queen
1988-05-13 Respondent's factum, 21 copies Her Majesty the Queen
1988-04-22 Decision on motion to extend time, time to present oral arguments, W
Dismissed, no order as to costs
1988-04-22 Hearing of motion to extend time, 1988-04-22, time to present oral arguments, W
1988-04-22 Submission of motion to extend time, 1988-04-22, time to present oral arguments, W
1988-04-20 Response to motion to extend time, time to present oral arguments Kenneth James
1988-04-20 Affidavit, time to present oral arguments Kenneth James
1988-04-20 Motion to extend time, time to present oral arguments Kenneth James
1987-10-28 Notice of hearing, With service Kenneth James
1987-10-27 Service
1987-10-21 Service
1987-09-29 Appeal perfected for hearing, Session beginning on 1988-01-25
1987-09-16 Decision on motion to expedite the appeal, Reg
Granted, no order as to costs
1987-09-16 Hearing of motion to expedite the appeal, 1987-09-16, Reg
1987-09-16 Submission of motion to expedite the appeal, 1987-09-16, Reg
1987-09-16 Response to motion to expedite the appeal Her Majesty the Queen
1987-09-16 Motion to expedite the appeal Kenneth James
1987-09-16 Appellant's factum, 21 copies, with service Kenneth James
1987-08-04 Case on appeal, 21 copies Kenneth James
1987-06-05 Order granting leave to appeal
1987-06-05 Order on motion to extend time to serve and/or file notice of appeal
1987-06-05 Correspondence (sent by the Court) to, dated May 21/87 from Ross Morrison
1987-06-05 Notice of appeal, With service Kenneth James
1987-06-05 Decision on motion to extend time to serve and/or file notice of appeal, W
Granted, no order as to costs
1987-06-05 Hearing of motion to extend time to serve and/or file notice of appeal, 1987-06-05, W
1987-06-05 Submission of motion to extend time to serve and/or file notice of appeal submitted, 1987-06-05, W
1987-06-05 Response to motion to extend time to serve and/or file notice of appeal Her Majesty the Queen
1987-06-05 Affidavit Kenneth James
1987-06-05 Motion to extend the time to serve and/or file the notice of appeal Kenneth James
1987-03-26 Close file on Leave
1987-03-26 Judgment of the Court on the application for leave to appeal, B W LaF
Granted, no order as to costs
1986-11-25 Hearing of the application for leave to appeal, 1986-11-25, B W LaF
Decision reserved
1986-11-25 All materials on application for leave submitted to the Judges, 1986-11-25, B W LaF
Decision reserved
1986-11-12 Book of authorities, 3 copies Kenneth James
1986-11-10 Respondent's response on the application for leave to appeal, 5 copies Her Majesty the Queen
1986-10-17 Court of Appeal casebooks and transcripts of evidence, 3 copies
1986-10-17 Application for leave to appeal, 5 copies, with service, Completed on: 1986-10-17 Kenneth James

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

Main parties - Appellants
Name Role Status
James, Kenneth Applicant Active
Kirsten, Elsa Applicant Active
Rosenthal, Anna Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Counsel

Party: James, Kenneth

Counsel
Name
V. Ross Morrison
Contact information
Silver, Brown, Sosnovitch
181 BAY ST
9TH FL
TORONTO, Ontario
M5J 2T3
Telephone: (416) 368-0600
FAX: (416) 368-6068

Party: Kirsten, Elsa

Counsel
Name
V. Ross Morrison
Contact information
Silver, Brown, Sosnovitch
181 BAY ST
9TH FL
TORONTO, Ontario
M5J 2T3
Telephone: (416) 368-0600
FAX: (416) 368-6068

Party: Rosenthal, Anna

Counsel
Name
V. Ross Morrison
Contact information
Silver, Brown, Sosnovitch
181 BAY ST
9TH FL
TORONTO, Ontario
M5J 2T3
Telephone: (416) 368-0600
FAX: (416) 368-6068

Party: Her Majesty the Queen

Counsel
Names
Roderick Flaherty
S.R. Fainstein
Contact information
Attorney General of Canada
3400 - FIRST CANADIAN PLACE
PO BOX 36
TORONTO, Ontario
M5X 1A9
Telephone: (416) 973-0942

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

December 10, 1984
Provincial Court of Ontario

Not available

Acquitted, evidence ruled inadmissible

June 17, 1985
District Court of Ontario

387/84

Appeal dismisssed

July 23, 1986
Court of Appeal for Ontario

581/85

Appeal allowed - matter referred back to summary conviction court

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

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

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

Webcasts

Not available.

Date modified: 2025-05-13