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.
21198
Donald Marshall, Jr. v. Her Majesty the Queen in Right of Nova Scotia, et al.
(Nova Scotia) (Civil) (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) |
|---|---|---|
| 1994-07-11 | Appeal closed | |
| 1990-03-19 | Copy of formal judgment being prepared, Neville, Hall & Selkirk (Ottawa,ON) | |
| 1990-03-19 | Copy of formal judgment being prepared, Noël, Décary (Hull,QC) | |
| 1990-03-19 | Copy of formal judgment being prepared, Shore, Davis & malek (Ottawa,ON) | |
| 1990-03-19 | Formal judgment sent to the registrar of the court of appeal and all parties, (Halifax,NS) | |
| 1989-10-05 |
Judgment on the appeal rendered, La W LaF L'HD G Co McL, The appeal is dismissed. Dismissed, no order as to costs |
|
| 1989-04-21 | General proceeding, transcripts received and distributed to the Justices. | |
| 1989-04-20 |
Hearing of the appeal, 1989-04-20, La W LaF L'HD G Co McL Decision reserved |
|
| 1989-04-17 | Intervener's factum, 1 copy, with service | Attorney General of Québec |
| 1989-04-13 | Appeal hearing | |
| 1989-04-13 | Appeal removed from the list | |
| 1989-04-13 |
Appeal hearing scheduled, 1989-04-20 Decision reserved |
|
| 1989-04-13 | Respondent's factum, 21 copies, with service | Her Majesty the Queen in Right of Nova Scotia |
| 1989-04-13 | Intervener's factum, 20 copies, with service | Attorney General of Québec |
| 1989-04-12 | Respondent's factum, 21 copies, with service | Royal Commission into the Donald Marshall, Jr. Prosecution |
| 1989-04-06 | Order on motion for leave to intervene | |
| 1989-04-06 |
Decision on the motion for leave to intervene, on behalf of A.G.-Qué. (to argue on questions raised in the present appeal only)., G Granted, no order as to costs |
|
| 1989-04-06 | Hearing of motion for leave to intervene, 1989-04-06, on behalf of A.G.-Qué. (to argue on questions raised in the present appeal only)., G | |
| 1989-04-06 | Submission of motion for leave to intervene, 1989-04-06, on behalf of A.G.-Qué. (to argue on questions raised in the present appeal only)., G | |
| 1989-04-04 | Affidavit | Attorney General of Québec |
| 1989-04-04 | Motion for leave to intervene | Attorney General of Québec |
| 1989-04-04 | Affidavit, time for leave to intervene of A. Thibault., with service | Attorney General of Québec |
| 1989-04-04 | Motion to extend time, time for leave to intervene | Attorney General of Québec |
| 1989-03-30 | Book of authorities, , 11 copies, with service | Donald Marshall, Jr. |
| 1989-03-22 | Correspondence (sent by the Court) to, from H.S. Brown. | |
| 1989-03-22 | Appellant's factum, 21 copies., with service | Donald Marshall, Jr. |
| 1989-03-16 | Service, of case on appeal admitted by Jennifer Mahr (2 copies) | |
| 1989-03-15 | Notice of appeal | Donald Marshall, Jr. |
| 1989-03-15 | Case on appeal, , 10 copies vols. 1 to 5 | Donald Marshall, Jr. |
| 1989-03-09 | Order on motion to directions | |
| 1989-03-09 | Order on motion to expedite the appeal | |
| 1989-03-02 | Appeal perfected for hearing, Session beginning on 1989-04-17 | |
| 1989-03-02 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (Appeal to be heard April 19th & 20th) Granted, no order as to costs |
|
| 1989-03-02 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1989-03-02, (Appeal to be heard April 19th & 20th) | |
| 1989-03-02 | Hearing of motion to expedite the appeal, 1989-03-02, (Appeal to be heard April 19th & 20th) | |
| 1989-03-02 | Submission of motion to expedite the appeal, 1989-03-02, (Appeal to be heard April 19th & 20th) | |
| 1989-03-02 |
Decision on motion for directions, CJ, concerning the hearing of the Appeal (Constitutional Question by Mar 10; Case on Appeal by Mar 15, Appellant's & Commissioner's factum by Mar 15; Marshall's factum by Mar 27; Respondent's and Intervenor's factum by April 13; Appeal to be heard April 19 & 20) Granted, no order as to costs |
|
| 1989-03-02 | Hearing of motion for directions, 1989-03-02, CJ | |
| 1989-03-02 | Submission of motion for directions, 1989-03-02, CJ | |
| 1989-03-02 | Motion to expedite the appeal | Donald Marshall, Jr. |
| 1989-03-01 | Motion for directions, , 2 copies, with service | Donald Marshall, Jr. |
| 1989-02-23 | Notice of appeal | Donald Marshall, Jr. |
| 1989-02-23 | Order granting leave to appeal | |
| 1989-02-23 |
Judgment of the Court on the application for leave to appeal, La LaF So, The application for leave to appeal is granted. The appeal is to be heard within three months on a date to be fixed by the Chief Justice. Granted, no order as to costs |
|
| 1989-02-23 | Hearing of the application for leave to appeal, 1989-02-23, La LaF So | |
| 1989-02-23 | All materials on application for leave submitted to the Judges, 1989-02-23, La LaF So | |
| 1989-02-13 | All materials on application for leave submitted to the Judges, La LaF So | |
| 1989-01-17 |
Decision on motion to extend time, time to file Respondents argument to Jan 04/89, McI Granted, no order as to costs |
|
| 1989-01-17 | Hearing of motion to extend time, 1989-01-17, time to file Respondents argument to Jan 04/89, McI | |
| 1989-01-17 | Submission of motion to extend time, 1989-01-17, time to file Respondents argument to Jan 04/89, McI | |
| 1989-01-16 | General proceeding, to note letter dated Jan. ll fr. C. Ruby re not opposing extension of time | |
| 1989-01-16 | Affidavit | Royal Commission into the Donald Marshall, Jr. Prosecution |
| 1989-01-16 | Motion to extend time, to serve & file a respondent's argument | Royal Commission into the Donald Marshall, Jr. Prosecution |
| 1989-01-04 | Respondent's response on the application for leave to appeal, 5 copies, with service | Royal Commission into the Donald Marshall, Jr. Prosecution |
| 1989-01-03 | Correspondence received from, dated Dec 21/88 from Patterson, Kitz | |
| 1988-12-16 | Respondent's response on the application for leave to appeal, , 5 copies | Her Majesty the Queen in Right of Nova Scotia |
| 1988-12-12 | Correspondence received from, Letter re new rules sent to Wylie Spicer (Halifax, N.S.) | |
| 1988-12-12 | Correspondence received from, Letter re new rules sent to Cox, Downie & Goodfell ow (Halifax, N.S.) | |
| 1988-12-08 | Application for leave to appeal, 5 copies, with service, Completed on: 1988-12-08 | Donald Marshall, Jr. |
| 1988-10-28 | Service | |
| 1988-10-28 | $30.00 filing fee, receipt # 13044 | Donald Marshall, Jr. |
| 1988-10-28 | Notice of application for leave to appeal, With service | Donald Marshall, Jr. |
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 |
|---|---|---|
| Marshall, Jr., Donald | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of Nova Scotia | Respondent | Active |
| Royal Commission into the Donald Marshall, Jr. Prosecution | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Québec | Intervener | Active |
Counsel
Party: Marshall, Jr., Donald
Counsel
11 Prince Arthur Ave
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: ruby@Ruby-edwardh.com
Agent
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Her Majesty the Queen in Right of Nova Scotia
Counsel
Joel E. Fichaud
1100 - 1959 UPPER WATER ST
PO BOX 2380 STN CENTRAL
HALIFAX, Nova Scotia
B3J 3E5
Telephone: (902) 421-6262
FAX: (902) 421-3130
Agent
222 Somerset St W
3rd Fl
Ottawa, Ontario
K2P 2G3
Telephone: (613) 237-7092
FAX: (613) 237-1156
Party: Royal Commission into the Donald Marshall, Jr. Prosecution
Counsel
1601 LOWER WATER ST
PO BOX 730 STN CENTRAL
HALIFAX, Nova Scotia
B3J 2V1
Telephone: (902) 425-6500
FAX: (902) 425-6350
Agent
222 Somerset St W
3rd Fl
Ottawa, Ontario
K2P 2G3
Telephone: (613) 237-7092
FAX: (613) 237-1156
Party: Attorney General of Québec
Agent
111, rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
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
Supreme Court of Nova Scotia, Trial Division
64097
Application of Applicant granted
Nova Scotia Court of Appeal
01908
See file
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