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.
20580
Wilfred Wayne Dersch, et al. v. Attorney General of Canada
(British Columbia) (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) |
|---|---|---|
| 1992-08-19 | Correspondence (sent by the Court) to, sent to Court of Appeal of BC (Vancouver,BC) re: lower court records sent back. | |
| 1990-12-04 | Formal judgment sent to the registrar of the court of appeal and all parties, to Vancouver, B.C. | |
| 1990-12-04 | Copy of formal judgment being prepared, Dept. of Justice (Ottawa,ON) | |
| 1990-12-04 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1990-11-27 | Notice of deposit of judgment sent to all parties, John C. Tait, Q.C., C/O Department of Justice (Ottawa,ON) | |
| 1990-11-27 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1990-11-22 |
Judgment on the appeal rendered, CJ CJ LaF L'HD So G McL, The appeal is allowed and the order of Wetmore Co. Ct. J. is restored. Allowed, no order as to costs |
|
| 1989-10-18 | General proceeding, transcript received and distributed to the Justices. | |
| 1989-10-02 |
Hearing of the appeal, 1989-10-02, CJ CJ LaF L'HD So G McL Decision reserved |
|
| 1989-09-27 |
Appeal hearing scheduled, 1989-10-02 Decision reserved |
|
| 1989-06-26 | Correspondence (sent by the Court) to, dated June 26/89 fr. R. Fainstein re: Garofoli (21099) motion. | |
| 1989-06-19 | Appeal re-hearing ordered, - A re-hearing of this appeal is ordered, to be heard together with the hearing of the appeals in Jean Claude Garofoli and Her Majesty the Queen, # 21099, and David Lachance c. La Reine, # 21197. - Une nouvelle audition de ce pourvoi est ordonnée; il sera | |
| 1989-06-19 | Judgment on the appeal rendered | |
| 1989-06-19 | General proceeding, to note re-hearing of the appeal ordered. Apppeal to be heard October 02, 1989. | |
| 1988-05-16 | General proceeding, to note 7 copies of additional authorities | Wilfred Wayne Dersch |
| 1988-04-27 |
Hearing of the appeal, 1988-04-27 Decision reserved |
|
| 1988-04-22 | Book of authorities, , 10 copies joint book of authorities | Wilfred Wayne Dersch |
| 1988-04-21 | Respondent's factum, , 21 copies, with service | Attorney General of Canada |
| 1988-04-08 |
Decision on the motion for leave to intervene, LaF Dismissed, no order as to costs |
|
| 1988-04-08 | Hearing of motion for leave to intervene, 1988-04-08, LaF | |
| 1988-04-08 | Submission of motion for leave to intervene, 1988-04-08, LaF | |
| 1988-04-06 | Response to the motion for leave to intervene | Attorney General of Canada |
| 1988-04-05 | Affidavit | Attorney General for Ontario |
| 1988-04-05 | Motion for leave to intervene, With service | Attorney General for Ontario |
| 1988-03-17 | Appeal court record | |
| 1988-03-16 | Trial court record | |
| 1988-03-15 | Certified casebook | Wilfred Wayne Dersch |
| 1988-02-24 | Case on appeal, , served copy | Wilfred Wayne Dersch |
| 1988-02-23 | Appellant's factum, , 20 copies, with service | Wilfred Wayne Dersch |
| 1988-02-19 | Case on appeal, , 20 copies | Wilfred Wayne Dersch |
| 1988-01-27 | Notice of hearing, With service | Wilfred Wayne Dersch |
| 1988-01-11 |
Appeal hearing scheduled, 1988-04-27 Decision reserved Rehearing ordered, no order as to costs |
|
| 1988-01-11 | Appeal perfected for hearing, Session beginning on 1988-01-25 | |
| 1988-01-11 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (Appeal to be heard Apr 02/88 W/ Thompson (19992), Heikel (20017), Meltzer (20041), and Ouellette (20187) Granted, no order as to costs |
|
| 1988-01-11 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1988-01-11, (Appeal to be heard Apr 02/88 W/ Thompson (19992), Heikel (20017), Meltzer (20041), and Ouellette (20187) | |
| 1988-01-11 | Hearing of motion to expedite the appeal, 1988-01-11, (Appeal to be heard Apr 02/88 W/ Thompson (19992), Heikel (20017), Meltzer (20041), and Ouellette (20187) | |
| 1988-01-11 | Submission of motion to expedite the appeal, 1988-01-11, (Appeal to be heard Apr 02/88 W/ Thompson (19992), Heikel (20017), Meltzer (20041), and Ouellette (20187) | |
| 1988-01-07 | Affidavit | Wilfred Wayne Dersch |
| 1988-01-07 | Motion to expedite the appeal, With service | Wilfred Wayne Dersch |
| 1987-12-23 | Notice of appeal, With service | Wilfred Wayne Dersch |
| 1987-12-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Mrs. J.L. Jordan (Vancouver, BC) | |
| 1987-12-11 | Order granting leave to appeal | |
| 1987-12-03 |
Judgment of the Court on the application for leave to appeal, CJ McI La, The application for leave to appeal is granted on the following ground only: Whether the British Columbia Court of Appeal erred in construing s. 178.14 of the Criminal Code of Canada as imposing a burden on an accused to show prima facie misconduct by the applicant, before the accused may inspect the affidavit filed to obtain an electronic search order. The application for leave to appeal is otherwise dismissed. Granted, no order as to costs |
|
| 1987-11-13 | Correspondence received from, dated Nov 12/87 from T.R. Berger | Wilfred Wayne Dersch |
| 1987-11-10 | Correspondence received from, dated Nov 10/87 from S.D. Frankel | Attorney General of Canada |
| 1987-11-09 |
Hearing of the application for leave to appeal, 1987-11-09, CJ McI La Decision reserved |
|
| 1987-11-09 |
All materials on application for leave submitted to the Judges, 1987-11-09, CJ McI La Decision reserved |
|
| 1987-10-13 | General proceeding, to note served copy of motion book, with service | Wilfred Wayne Dersch |
| 1987-10-13 | $30.00 filing fee, receipt # 11500 | Wilfred Wayne Dersch |
| 1987-10-13 | Application for leave to appeal, , 5 copies, Completed on: 1987-10-13 | Wilfred Wayne Dersch |
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 |
|---|---|---|
| Dersch, Wilfred Wayne | Applicant | Active |
| Payne, Marianne | Applicant | Active |
| Waller, Raymond John | Applicant | Active |
| Waller, Grethe Elise | Applicant | Active |
| Harris, Ralph Ross | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Dersch, Wilfred Wayne
Counsel
Thomas R. Berger
Howard Rubin
Vancouver, British Columbia
V6C 1E1
Telephone: (604) 687-9831
FAX: (604) 687-7089
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Payne, Marianne
Counsel
Vancouver, British Columbia
V6C 1E1
Telephone: (604) 687-9831
FAX: (604) 687-7089
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Waller, Raymond John
Counsel
405 - 4th Street E.
North Vancouver, British Columbia
V7L 1J4
Telephone: (604) 984-2030
FAX: (604) 988-0068
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Waller, Grethe Elise
Counsel
405 - 4th Street E.
North Vancouver, British Columbia
V7L 1J4
Telephone: (604) 984-2030
FAX: (604) 988-0068
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Harris, Ralph Ross
Counsel
Vancouver, British Columbia
V6C 1E1
Telephone: (604) 687-9831
FAX: (604) 687-7089
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General of Canada
Counsel
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0211
FAX: (604) 666-1599
Agent
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4997
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
County Court of British Columbia
CC861481
Application granted for order granting access to sealed packets
Supreme Court of British Columbia
Not listed
Application for certiorari and prohibition granted
Court of Appeal for British Columbia (Vancouver)
CA007002
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
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Related links
Factums on appeal
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