Case information
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20491
Alan Gustaf Nygaard, et al. v. Her Majesty the Queen
(Alberta) (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) |
|---|---|---|
| 1990-04-24 | Correspondence (sent by the Court) to, enclosing record of the Court of Appeal sent to Mr. D.S. Huff, Registrar (Edmonton,AB) | |
| 1989-11-23 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON) | |
| 1989-11-23 | Formal judgment sent to the registrar of the court of appeal and all parties, (Edmonton,AB) | |
| 1989-11-23 | Copy of formal judgment being prepared, (Edmonton,AB) | |
| 1989-11-23 | Formal judgment sent to the registrar of the court of appeal and all parties, (Edmonton,AB) | |
| 1989-11-14 | Notice of deposit of judgment sent to all parties, Gowling, Strathy (Ott., Ont.) | |
| 1989-11-14 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ott., Ont.) | |
| 1989-11-09 |
Judgment on the appeal rendered, CJ La W LaF L'HD So G Co McL, The convictions are set aside and a new trial is directed for both appellants, L'Heureux-Dubé J. dissenting. Allowed, no order as to costs |
|
| 1989-06-12 | General proceeding, transcript received and distributed to the Justices (101 pages) | |
| 1989-05-26 |
Hearing of the appeal, 1989-05-26, CJ La W LaF L'HD So G Co McL Decision reserved |
|
| 1989-05-23 | Book of authorities, , 10 copies volume 1 & 2 | Alan Gustaf Nygaard |
| 1989-05-15 |
Appeal hearing scheduled, 1989-05-26 Decision reserved |
|
| 1989-05-12 | General proceeding, to note letter dated May 10/89 re: abandoning the application to admit fresh evidence which is included in it's factum | Her Majesty the Queen |
| 1989-04-04 | Respondent's factum, (served copy), with service | Her Majesty the Queen |
| 1989-03-31 | Respondent's factum, , 20 copies | Her Majesty the Queen |
| 1989-01-09 | Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause | |
| 1989-01-04 | Appeal perfected for hearing, Session beginning on 1989-01-23 | |
| 1989-01-03 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, So Granted, no order as to costs |
|
| 1989-01-03 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1989-01-03, So | |
| 1989-01-03 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1989-01-03, So | |
| 1988-12-30 | Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause | Her Majesty the Queen |
| 1988-12-30 | Affidavit | Alan Gustaf Nygaard |
| 1988-12-30 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause | Alan Gustaf Nygaard |
| 1988-11-09 | Appeal court record | |
| 1988-11-09 | Trial court record | |
| 1988-11-09 | Certified casebook | Alan Gustaf Nygaard |
| 1988-10-11 | Appellant's factum, , 21 copies, with service | Alan Gustaf Nygaard |
| 1988-09-02 | Order granting leave to appeal | |
| 1988-08-30 | Notice of appeal, amended, | Alan Gustaf Nygaard |
| 1988-08-30 | Service, amended, | |
| 1988-08-24 | Correspondence (sent by the Court) to, dated Aug 24 from W.G. Burke-Robertson | |
| 1988-08-24 | Notice of appeal, amended, | Alan Gustaf Nygaard |
| 1988-08-24 | Service | |
| 1988-07-28 | Case on appeal, , served copy of volumes 1 to 3, with service | Alan Gustaf Nygaard |
| 1988-07-27 | Case on appeal, , 21 copies of volumes 1 to 3 | Alan Gustaf Nygaard |
| 1988-03-28 |
Decision on miscellaneous motion, for an order settling leave Traversed, no order as to costs |
|
| 1988-03-28 |
Hearing of miscellaneous motion, 1988-03-28, for an order settling leave Decision reserved |
|
| 1988-03-28 |
Submission of miscellaneous motion, 1988-03-28, for an order settling leave Decision reserved |
|
| 1988-03-25 | Correspondence (sent by the Court) to, dated Mar 21/88 from L. MacDonald to E. VanBemmel | |
| 1988-03-25 | Affidavit, of L. MacDonald, with service | Her Majesty the Queen |
| 1988-03-22 | Notice of miscellaneous motion, for an order settling leave, with service | Alan Gustaf Nygaard |
| 1988-03-10 | Notice of appeal, With service | Alan Gustaf Nygaard |
| 1988-02-29 | Correspondence received from, advising of judgment sent to Reg. (Calg,AB) | |
| 1988-02-25 |
Judgment of the Court on the application for leave to appeal, CJ W LeD Granted, no order as to costs |
|
| 1988-01-25 |
Hearing of the application for leave to appeal, 1988-01-25, CJ W LeD Decision reserved |
|
| 1988-01-25 |
All materials on application for leave submitted to the Judges, 1988-01-25, CJ W LeD Decision reserved |
|
| 1988-01-19 | Respondent's response on the application for leave to appeal, , served copy, with service | Her Majesty the Queen |
| 1988-01-18 | Respondent's response on the application for leave to appeal, , 5 copies | Her Majesty the Queen |
| 1987-10-30 | Application for leave to appeal, 5 copies, with service, Completed on: 1987-10-30 | Alan Gustaf Nygaard |
| 1987-07-28 | $30.00 filing fee, receipt # 11063 | Alan Gustaf Nygaard |
| 1987-07-28 | Notice of appeal, (filed in error), with service | Alan Gustaf Nygaard |
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 |
|---|---|---|
| Nygaard, Alan Gustaf | Applicant | Active |
| Schimmens, John Alexander | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Nygaard, Alan Gustaf
Counsel
MacKay
3110 - 421, 7TH AVE SW
CALGARY, Alberta
T2P 4K9
Telephone: (403) 265-5616
FAX: (403) 264-8146
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Schimmens, John Alexander
Counsel
200 - 10237, 104th Street
Edmonton, Alberta
T5J 4A1
Telephone: (403) 424-8866
FAX: (403) 426-1470
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Her Majesty the Queen
Counsel
Peter Martinl, Q.C.
Earl Wilson
1575 - 615 MACLEOD TRAIL SE
CALGARY, Alberta
T2G 4T8
Telephone: (403) 297-8444
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Summary
Keywords
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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
Court of Queen’s Bench of Alberta
Not available
Conviction: First degree murder
Court of Appeal of Alberta (Edmonton)
17460\17505
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