Case information
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21099
Jean Claude Garofoli 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) |
|---|---|---|
| 1994-07-06 | Close file for archive | |
| 1990-12-04 | Formal judgment sent to the registrar of the court of appeal and all parties, (Toronto,ON) | |
| 1990-12-04 | Copy of formal judgment being prepared, S.R. Fainstein, Q.C., C/O Dept. of Justice (Ottawa,ON) | |
| 1990-12-04 | Copy of formal judgment being prepared, Shanbaum, Loeb (Ottawa,ON) | |
| 1990-11-22 | Notice of deposit of judgment sent to all parties, S.F. Fainstein, Q.C., C/O Dept. of Justice (Ottawa,ON) | |
| 1990-11-22 | Notice of deposit of judgment sent to all parties, Shanbaum, Loeb (Ottawa,ON) | |
| 1990-11-22 |
Judgment on the appeal rendered, CJ CJ LaF L'HD So G McL, The appeal is allowed and a new trial is directed, L'Heureux-Dubé and McLachlin JJ. dissenting. Allowed, no order as to costs |
|
| 1989-10-18 | General proceeding, transcript received and distributed to the Justices. | |
| 1989-10-03 |
Hearing of the appeal, 1989-10-03, (Appeal heard Oct 3rd & 4th), CJ CJ LaF L'HD So G McL Decision reserved |
|
| 1989-09-29 | Book of authorities, 10 copies, | Her Majesty the Queen |
| 1989-09-28 | Order on motion for additional time to present oral argument | |
| 1989-09-27 | Book of authorities, 10 copies vols. 1 to 10 (joint with Garifoli) | Jean Claude Garofoli |
| 1989-09-27 |
Appeal hearing scheduled, 1989-10-03 Decision reserved |
|
| 1989-09-26 |
Decision on motion for additional time to present oral argument, is granted, only in allowing counsel for both appeals of Garofoli and Lachance (21197) to present argument sequentially and then to allow the respondents to present their argument, G Granted, no order as to costs |
|
| 1989-09-26 | Hearing of motion for additional time to present oral argument, 1989-09-26, is granted, only in allowing counsel for both appeals of Garofoli and Lachance (21197) to present argument sequentially and then to allow the respondents to present their argument, G | |
| 1989-09-26 | Submission of motion for additional time to present oral argument, 1989-09-26, is granted, only in allowing counsel for both appeals of Garofoli and Lachance (21197) to present argument sequentially and then to allow the respondents to present their argument, G | |
| 1989-09-25 | Respondent's factum, 21 copies | Her Majesty the Queen |
| 1989-09-22 | Affidavit, With service | Jean Claude Garofoli |
| 1989-09-22 | Motion for additional time to present oral argument, (joint motion with Lachance (21197), with service | Jean Claude Garofoli |
| 1989-09-21 | Appellant's factum, 11 copies, | Jean Claude Garofoli |
| 1989-09-20 | Appellant's factum, 10 copies (new factum), with service | Jean Claude Garofoli |
| 1989-09-19 | Order on motion to file a lengthy factum | |
| 1989-09-18 | Appeal perfected for hearing, Session beginning on 1989-10-02 | |
| 1989-09-14 |
Decision on motion to file a lengthy factum, (The motion by the appellant to file a factum of 93 pages is refused but a factum of not more than 50 pages is allowed. The factum will be filed by Sept. 19/89. The respondent's date for filing her factum is extended to not later than Sept.25/ 89)., G Dismissed, no order as to costs |
|
| 1989-09-14 | Hearing of motion to file a lengthy factum, 1989-09-14, (The motion by the appellant to file a factum of 93 pages is refused but a factum of not more than 50 pages is allowed. The factum will be filed by Sept. 19/89. The respondent's date for filing her factum is extended to not later than Sept.25/ 89)., G | |
| 1989-09-14 | Submission of motion to file a lengthy factum, 1989-09-14, (The motion by the appellant to file a factum of 93 pages is refused but a factum of not more than 50 pages is allowed. The factum will be filed by Sept. 19/89. The respondent's date for filing her factum is extended to not later than Sept.25/ 89)., G | |
| 1989-09-12 | Appellant's factum, 1 copy, with service | Jean Claude Garofoli |
| 1989-09-12 | Affidavit | Jean Claude Garofoli |
| 1989-09-12 | Motion to file a lengthy factum, With service | Jean Claude Garofoli |
| 1989-09-07 | General proceeding, to note Appeal to be heard October 2, '89 together with "Dersch -v- A.G. of Canada" (20580), "David Lachance -v- The Queen" (21197), "Le Procureur général du Canada -v- Vincent Zito" (21078) | |
| 1989-08-24 | Certified casebook, 1 copy vols. 1 to 9, with service | Jean Claude Garofoli |
| 1989-08-03 | Case on appeal, 21 copies vols., 1 to 9 | Jean Claude Garofoli |
| 1989-06-28 |
Decision on motion for directions, (appeal to be heard on October 2/89 together with Lachance -v- The Queen (21197) & Dersch et al -v- A.G.-Canada (20580). Appellant's factum to be filed by Sept. 11/89 and Respondent's factum to be filed by Sept. 21/89)., CJ Granted, no order as to costs |
|
| 1989-06-28 | Hearing of motion for directions, 1989-06-28, (appeal to be heard on October 2/89 together with Lachance -v- The Queen (21197) & Dersch et al -v- A.G.-Canada (20580). Appellant's factum to be filed by Sept. 11/89 and Respondent's factum to be filed by Sept. 21/89)., CJ | |
| 1989-06-28 | Submission of motion for directions, 1989-06-28, (appeal to be heard on October 2/89 together with Lachance -v- The Queen (21197) & Dersch et al -v- A.G.-Canada (20580). Appellant's factum to be filed by Sept. 11/89 and Respondent's factum to be filed by Sept. 21/89)., CJ | |
| 1989-06-23 | Notice of appeal, With service | Jean Claude Garofoli |
| 1989-06-23 | Motion for directions, regarding filing of documents and hearing of the appeal, as well as the other appeals: Lachance v. The Queen (21197); Dersch et al v. A.G. - Canada (20580)., with service | Jean Claude Garofoli |
| 1989-06-14 | Order granting leave to appeal | |
| 1989-06-12 | Close file on Leave | |
| 1989-06-12 | Notice of deposit of judgment issued to all parties, Shanbaum, Semanyk (Ott., Ont.) | |
| 1989-06-12 | Notice of deposit of judgment issued to all parties, Attorney General of Canada (Ott., Ont.) | |
| 1989-06-08 |
Judgment of the Court on the application for leave to appeal, CJ LaF So, The application for leave to appeal is granted, the appeal to be heard together with the appeal of David Lachance v. The Queen # 21197. Granted, no order as to costs |
|
| 1988-12-05 |
Hearing of the application for leave to appeal, 1988-12-05, CJ LaF So Decision reserved |
|
| 1988-12-05 |
All materials on application for leave submitted to the Judges, 1988-12-05, CJ LaF So Decision reserved |
|
| 1988-09-30 | Application for leave to appeal, 5 copies, with service, Completed on: 1988-09-30 | Jean Claude Garofoli |
| 1988-09-19 | Order on motion to extend the time to file and/or serve the leave application | |
| 1988-09-16 |
Decision on motion to extend time to file and /or serve the leave application, L'HD Granted, no order as to costs |
|
| 1988-09-16 | Hearing of motion to extend time to file and/ or serve the leave application, 1988-09-16, L'HD | |
| 1988-09-16 | Submission of motion to extend time to file and/ or serve the leave application, 1988-09-16, L'HD | |
| 1988-09-13 | Response to the motion to extend the time to file and / or serve the leave application, of S.R. Fainstein, Q.C. | Her Majesty the Queen |
| 1988-09-13 | Affidavit, of Keith E. Wright | Jean Claude Garofoli |
| 1988-09-13 | $30.00 filing fee, receipt #12890 | Jean Claude Garofoli |
| 1988-09-13 | Motion to extend the time to file and or serve the application for leave to appeal | Jean Claude Garofoli |
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 |
|---|---|---|
| Garofoli, Jean Claude | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Garofoli, Jean Claude
Counsel
Marc Rosenberg
TORONTO, Ontario
M5H 2M5
Telephone: (416) 364-1157
Agent
166, rue Wellington
Hull, Quebec
J8X 2J4
Telephone: (819) 771-7781
FAX: (819) 771-0608
Party: Her Majesty the Queen
Counsel
J.E. Thompson
R.W. Hubbard
Department of Justice
239 Wellington St
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-8412
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
Not available
Conviction: Conspiracy to import a narcotic
Court of Appeal for Ontario
Not listed
Appeal as to conviction dismissed : Appeal as to sentence allowed
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
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