Case information
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20835
Nigel Gayme v. Her Majesty the Queen
(Ontario) (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) |
|---|---|---|
| 1991-09-23 | Appeal closed | |
| 1991-09-03 | Copy of formal judgment being prepared, Shore, Davis & Perkins-McVey (Ottawa,ON) | |
| 1991-09-03 | Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC) | |
| 1991-09-03 | Copy of formal judgment being prepared, Nelligan, Power (Ottawa,ON) | |
| 1991-09-03 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1991-09-03 | Copy of formal judgment being prepared, J.E. Thompson c/o Dept. of Justice (Ottawa,ON) | |
| 1991-09-03 | Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON) | |
| 1991-09-03 | Formal judgment sent to the registrar of the court of appeal and all parties, (Toronto,ON) | |
| 1991-08-22 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL St Ia, The appeals are dismissed. The order of the Court of Appeal that the cases proceed to trial is affirmed. Dismissed, no order as to costs |
|
| 1991-08-22 | Notice of deposit of judgment sent to all parties, Noël, Berthiaume (Hull,QC) | |
| 1991-08-22 | Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa,ON) | |
| 1991-08-22 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1991-08-22 | Notice of deposit of judgment sent to all parties, Shore, Davis & Perkins-McVey (Ottawa,ON) | |
| 1991-08-22 | Notice of deposit of judgment sent to all parties, J.E. Thompson c/o Dept. of Justice (Ottawa,ON) | |
| 1991-08-22 | Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston (Ottawa,ON) | |
| 1991-07-02 | General proceeding, 9 copies of decision of the United States Supreme Court: Michigan v. Nolan K. Lucas | Nigel Gayme |
| 1991-04-10 | General proceeding, transcripts received and distributed to the justices (256 pages vol. 1 & 2) | |
| 1991-04-08 | General proceeding, 10 copies of article; Haxton, Rape Shield Status | Nigel Gayme |
| 1991-03-26 |
Hearing of the appeal, 1991-03-26, (Appeal heard March 26th & 27th), CJ LaF L'HD So G Co McL St Ia Decision reserved |
|
| 1991-03-25 | Correspondence (sent by the Court) to, from A. Roland sent to Mr J.E. Thompson (Toronto,ON) assuring him that his letter of March 20, 1991 has been received and will be brought to the Court's attention. | |
| 1991-03-22 | Book of authorities, 10 copies of vol. I,II & III (joint with 20666) | Her Majesty the Queen |
| 1991-03-22 | Book of authorities, 10 copies of vol. I & II (joint with 20666) | Attorney General of Canada |
| 1991-03-22 | Respondent's factum, AMENDED 22 copies | Her Majesty the Queen |
| 1991-03-22 | Service, of factum | |
| 1991-03-22 | General proceeding, consent to file supplementary case on appeal | Her Majesty the Queen |
| 1991-03-21 | Correspondence (sent by the Court) to, from Mr. Burke-Robertson; re: order that the appeals should be heard; McClure - Seaboyer - Gayme | |
| 1991-03-21 | Book of authorities, 9 copies (joint with 20666) | Canadian Civil Liberties Association |
| 1991-03-20 | Correspondence (sent by the Court) to, from Ross Macnab; re: he will be appearing on the appeal | |
| 1991-03-20 | Correspondence (sent by the Court) to, from J.E. Thompson; re: corrections to be done in the factum | |
| 1991-03-19 | Intervener's factum, 21 copies (joint with 20666), with service | Attorney General of Saskatchewan |
| 1991-03-19 | Intervener's factum, 21 copies (joint with 20666), with service | Canadian Civil Liberties Association |
| 1991-03-19 | General proceeding, 21 copies of supplementary case on appeal, with service | Nigel Gayme |
| 1991-03-19 | Intervener's factum, 21 copies (joint with 20666), with service | Women's Legal Education and Action Fund (LEAF) |
| 1991-03-19 | Book of authorities, 10 copies of vol. I,II & III (joint with 20666), with service | Women's Legal Education and Action Fund (LEAF) |
| 1991-03-18 | Intervener's factum, 21 copies (joint with 20666), with service | Attorney General of Quebec |
| 1991-03-15 | Affidavit, for an order to require the filing of the factums of the interveners on or before March 19, 1991 | Nigel Gayme |
| 1991-03-15 | Notice of miscellaneous motion, for an order to require the filing of the factums of the interveners on or before March 19, 1991, with service | Nigel Gayme |
| 1991-03-15 | Notice of withdrawal, With service | Attorney General of Manitoba |
| 1991-03-15 | Respondent's factum, 21 copies | Her Majesty the Queen |
| 1991-03-14 | Intervener's factum, 21 copies (joint with 20666), with service | Attorney General of Canada |
| 1991-02-06 | Book of authorities, 10 copies of ADDENDUM to joint (joint with 20666), with service | Nigel Gayme |
| 1991-02-04 | Appeal hearing | |
| 1991-02-04 | Appeal removed from the list | |
| 1991-02-04 | Order on motion to adjourn the hearing of the appeal, With service | |
| 1991-01-24 |
Decision on motion to adjourn the hearing of the appeal, with the consent of the parties in an accompanying appeal McClure vs. The Queen (21663), and Seaboyer vs. The Queen (20666). All three appeals to be heard Mar/26/91., CJ Granted, no order as to costs |
|
| 1991-01-24 | Hearing of motion to adjourn the hearing of the appeal, 1991-01-24, with the consent of the parties in an accompanying appeal McClure vs. The Queen (21663), and Seaboyer vs. The Queen (20666). All three appeals to be heard Mar/26/91., CJ | |
| 1991-01-24 | Submission of motion to adjourn the hearing of the appeal, 1991-01-24, with the consent of the parties in an accompanying appeal McClure vs. The Queen (21663), and Seaboyer vs. The Queen (20666). All three appeals to be heard Mar/26/91., CJ | |
| 1991-01-21 | Response to the motion to adjourn the hearing of the appeal, With service | Nigel Gayme |
| 1991-01-21 | Affidavit, of Murray Segal,, with service | Her Majesty the Queen |
| 1991-01-21 | Motion to adjourn the hearing of the appeal, from Feb/25/91 to the week of Mar/25/91,, with service | Her Majesty the Queen |
| 1991-01-18 |
Appeal hearing scheduled, 1991-03-26 Decision reserved |
|
| 1991-01-16 | Book of authorities, JOINT 10 copies of vol. I to VIII (with 20666) | Nigel Gayme |
| 1990-12-04 | Appeal perfected for hearing, Session beginning on 1991-01-21 | |
| 1990-12-03 | Appellant's factum, 28 copies, with service | Nigel Gayme |
| 1990-11-27 | Correspondence (sent by the Court) to, sent to Mr. Jean-Paul Waldin (Toronto,ON) advising him that he is to appear before the Court on Friday December 14, 1990 to show cause why this appeal should not be quashed pursuant to subsection 695(2) of the Criminal Code of Canada. | |
| 1989-11-28 | Service, (affidavits) of case on appeal | |
| 1989-10-17 | Service, case on appeal | |
| 1989-10-13 | Case on appeal, 21 copies | Nigel Gayme |
| 1989-01-24 | Order on motion for leave to intervene | |
| 1989-01-20 |
Decision on the motion for leave to intervene, (On consent, motion granted. The groups will file a single factum combined with Seaboyer v. Queen (20666) consisting of not more than 25 pages and one joint oral argument of not more than 25 mins.), LaF Granted, no order as to costs |
|
| 1989-01-20 | Hearing of motion for leave to intervene, 1989-01-20, (On consent, motion granted. The groups will file a single factum combined with Seaboyer v. Queen (20666) consisting of not more than 25 pages and one joint oral argument of not more than 25 mins.), LaF | |
| 1989-01-20 | Submission of motion for leave to intervene, 1989-01-20, (On consent, motion granted. The groups will file a single factum combined with Seaboyer v. Queen (20666) consisting of not more than 25 pages and one joint oral argument of not more than 25 mins.), LaF | |
| 1989-01-06 | Order on motion for leave to intervene, oral submission not to exceed 20 minutes in durati on | |
| 1988-12-20 |
Decision on the motion for leave to intervene, (Canadian Civil Liberties Association to file a factum and oral argument not to exceed 20 mins.), So Granted, no order as to costs |
|
| 1988-12-20 | Hearing of motion for leave to intervene, 1988-12-20, (Canadian Civil Liberties Association to file a factum and oral argument not to exceed 20 mins.), So | |
| 1988-12-20 | Submission of motion for leave to intervene, 1988-12-20, (Canadian Civil Liberties Association to file a factum and oral argument not to exceed 20 mins.), So | |
| 1988-12-20 | Response to the motion for leave to intervene | Nigel Gayme |
| 1988-12-20 | General proceeding, to note correspondence from Soloway (Re: Not opposing Intervention of Canadian Civil Liberties) | Her Majesty the Queen |
| 1988-11-30 | Notice of intervention respecting a constitutional question, With service | Attorney General of Manitoba |
| 1988-11-28 | Notice of intervention respecting a constitutional question, With service | Attorney General of Canada |
| 1988-11-25 | Affidavit, With service | Canadian Civil Liberties Association |
| 1988-11-25 | Motion for leave to intervene, With service | Canadian Civil Liberties Association |
| 1988-11-25 | Notice of intervention respecting a constitutional question, With service | Attorney General of Saskatchewan |
| 1988-11-23 | Affidavit, of Mary Lou Fassel, Legal Director the Barbra Schlifer Comm. Clinic, of Christine Jefferson, Executive Director of the Women's Legal Education and Action Fund; of Patricia Marshall, Executive Director of the Metro Action Committee on Public Violence Again | Barbra Schlifer Commemorative Clinic et al |
| 1988-11-23 | Motion for leave to intervene, 2 copies, with service | Barbra Schlifer Commemorative Clinic et al |
| 1988-11-18 | Notice of intervention respecting a constitutional question, With service | Attorney General of Saskatchewan |
| 1988-11-17 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 1988-11-14 | Notice of constitutional question(s), With service | Nigel Gayme |
| 1988-10-28 |
Decision on the motion to state a constitutional question, (For Constitutional Question see file or Reg's Red Book #7 @ p.97. Interventions by Nov 30/88), CJ Granted, no order as to costs |
|
| 1988-10-28 | Hearing of the motion to state a constitutional question, 1988-10-28, (For Constitutional Question see file or Reg's Red Book #7 @ p.97. Interventions by Nov 30/88), CJ | |
| 1988-10-28 | Submission of motion to state a constitutional question, 1988-10-28, (For Constitutional Question see file or Reg's Red Book #7 @ p.97. Interventions by Nov 30/88), CJ | |
| 1988-10-28 | Order on motion to state a constitutional question | |
| 1988-10-27 |
Decision on the motion to state a constitutional question, (see Red Book #7,p.97. Interventions by Nov 30/88), CJ Granted, no order as to costs |
|
| 1988-10-27 | Hearing of the motion to state a constitutional question, 1988-10-27, (see Red Book #7,p.97. Interventions by Nov 30/88), CJ | |
| 1988-10-27 | Submission of motion to state a constitutional question, 1988-10-27, (see Red Book #7,p.97. Interventions by Nov 30/88), CJ | |
| 1988-10-26 | Response to the motion to state a constitutional question | Nigel Gayme |
| 1988-10-26 | Motion to state a constitutional question, With service | Nigel Gayme |
| 1988-10-26 | Notice of appeal, With service | Nigel Gayme |
| 1988-10-14 | Order granting leave to appeal | |
| 1988-09-29 |
Judgment of the Court on the application for leave to appeal, (to be heard with Seaboyer v. The Queen [20666]), McI W So Granted, no order as to costs |
|
| 1988-09-29 | Hearing of the application for leave to appeal, 1988-09-29, (to be heard with Seaboyer v. The Queen [20666]), McI W So | |
| 1988-09-29 | All materials on application for leave submitted to the Judges, 1988-09-29, (to be heard with Seaboyer v. The Queen [20666]), McI W So | |
| 1988-09-28 | Book of authorities, 5 copies - vols. 1 & 2 | Nigel Gayme |
| 1988-09-08 | Hearing of the application for leave to appeal removed from schedule | |
| 1988-09-07 | Hearing of the application for leave to appeal scheduled | |
| 1988-08-19 | Application for leave to appeal ready to be heard (old rules) | |
| 1988-05-05 | Respondent's response on the application for leave to appeal, 21 copies, with service | Her Majesty the Queen |
| 1988-05-02 | Application for leave to appeal, 5 copies, with service, Completed on: 1988-05-02 | Nigel Gayme |
| 1988-03-27 | Order on motion to extend the time to file and/or serve the leave application | |
| 1988-03-18 | $30.00 filing fee, receipt # 12163 | Nigel Gayme |
| 1988-03-18 |
Decision on motion to extend time to file and /or serve the leave application, LeD Granted, no order as to costs |
|
| 1988-03-18 | Hearing of motion to extend time to file and/ or serve the leave application, 1988-03-18, LeD | |
| 1988-03-18 | Submission of motion to extend time to file and/ or serve the leave application, 1988-03-18, LeD | |
| 1988-03-18 | Response to the motion to extend the time to file and / or serve the leave application | Her Majesty the Queen |
| 1988-03-18 | Affidavit | Nigel Gayme |
| 1988-03-18 | Motion to extend the time to file and or serve the application for leave to appeal | Nigel Gayme |
| 1988-03-18 | Notice of application for leave to appeal | Nigel Gayme |
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 |
|---|---|---|
| Gayme, Nigel | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Quebec | Intervener | Active |
| Attorney General of Saskatchewan | Intervener | Active |
| Barbra Schlifer Commemorative Clinic et al | Intervener | Active |
| Women's Legal Education and Action Fund (LEAF) | Intervener | Active |
| Metro Action Committee on Public Violence Against Women and Children (METRAC) | Intervener | Pending |
| Metropolitan Toronto Special Committee on Child Abuse (the special committee) | Intervener | Pending |
| Women's College Hospital Sexual Assault Care Centre Team (S.A.C.C.) | Intervener | Pending |
| Canadian Association of Sexual Assault Centres (C.A.S.A.C.) | Intervener | Pending |
| Canadian Civil Liberties Association | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
Counsel
Party: Gayme, Nigel
Counsel
Allan Herman
1403 - 55 QUEEN ST E
TORONTO, Ontario
M5C 1R6
Telephone: (416) 364-6761
Agent
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Her Majesty the Queen
Counsel
Jeff Casey
Rosella Cornaviera
720 BAY ST
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2220
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General of Quebec
Counsel
1200 RTE DE L'ÉGLISE
5e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-4090
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General of Saskatchewan
Counsel
Ross McNabb
1874 Scarth St 10th Fl
PO Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-6458
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Barbra Schlifer Commemorative Clinic et al
Counsel
Anne Derrick
43 MADISON AVE
TORONTO, Ontario
M5R 2S2
Telephone: (416) 964-1115
FAX: (416) 964-5895
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Party: Women's Legal Education and Action Fund (LEAF)
Counsel
Anne Derrick
43 MADISON AVE
TORONTO, Ontario
M5R 2S2
Telephone: (416) 964-1115
FAX: (416) 964-5895
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Party: Metro Action Committee on Public Violence Against Women and Children (METRAC)
Counsel
1800 - 415 YONGE ST
TORONTO, Ontario
M5B 2E7
Telephone: (416) 595-7170
FAX: (416) 595-7191
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Party: Metropolitan Toronto Special Committee on Child Abuse (the special committee)
Counsel
1800 - 415 YONGE ST
TORONTO, Ontario
M5B 2E7
Telephone: (416) 595-7170
FAX: (416) 595-7191
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Party: Women's College Hospital Sexual Assault Care Centre Team (S.A.C.C.)
Counsel
1800 - 415 YONGE ST
TORONTO, Ontario
M5B 2E7
Telephone: (416) 595-7170
FAX: (416) 595-7191
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Party: Canadian Association of Sexual Assault Centres (C.A.S.A.C.)
Counsel
1800 - 415 YONGE ST
TORONTO, Ontario
M5B 2E7
Telephone: (416) 595-7170
FAX: (416) 595-7191
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Party: Canadian Civil Liberties Association
Counsel
3800 ROYAL BANK PLAZA SOUTH TOWER
TORONTO, Ontario
M5J 2J7
Telephone: (416) 865-7000
FAX: (416) 865-7048
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
Adelyn L. Bowland
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4900
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
Supreme Court of Ontario
2240/85
Committal for trial quashed - Matter remitted to P.C. for cont. of Prelim. Hrg.
Court of Appeal for Ontario
986/85
Appeal allowed
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
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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
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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
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