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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.


21471

James Hearn, et al. v. Her Majesty the Queen

(Newfoundland & Labrador) (Criminal) (As of Right)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
1994-07-13 Appeal closed
1990-03-01 Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON)
1990-03-01 Copy of formal judgment being prepared, Osler, Hoskin & Harcourt (Ottawa,ON)
1990-03-01 Formal judgment sent to the registrar of the court of appeal and all parties, (St. John's,NF)
1989-12-08 Judgment on the appeal rendered, W L'HD G Co McL
Dismissed, no order as to costs
1989-12-08 Hearing of the appeal, 1989-12-08, W L'HD G Co McL
1989-10-10 Appeal hearing scheduled, 1989-12-08
1989-10-06 Book of authorities, 21 copies,, with service Her Majesty the Queen
1989-10-06 Respondent's factum, 21 copies,, with service Her Majesty the Queen
1989-09-12 Service, the Appellant's factum and book of authorities.
1989-09-08 Notice of hearing James Hearn
1989-09-08 Appeal perfected for hearing, Session beginning on 1989-10-02
1989-09-05 Order on motion to expedite the appeal
1989-09-05 Decision on motion to expedite the appeal, of the Appellant's factum, Reg
Granted, no order as to costs
1989-09-05 Hearing of motion to expedite the appeal, 1989-09-05, of the Appellant's factum, Reg
1989-09-05 Submission of motion to expedite the appeal, 1989-09-05, of the Appellant's factum, Reg
1989-09-01 Response to motion to expedite the appeal Her Majesty the Queen
1989-08-30 Service, the factum and Book of authorities., with service
1989-08-30 Affidavit, of Patricia J. Wilson,, with service James Hearn
1989-08-30 Motion to expedite the appeal, With service James Hearn
1989-08-18 Book of authorities, 21 copies James Hearn
1989-08-18 Appellant's factum, 21 copies James Hearn
1989-08-02 General proceeding, 1 copy of case on appeal book (service), with service James Hearn
1989-07-31 Case on appeal, 21 copies. James Hearn
1989-07-05 Order on motion to extend time to serve and/or file notice of appeal
1989-07-05 Discontinuance of the application for leave to appeal, With service James Hearn
1989-07-02 General proceeding, 1 extra copy of case on appeal with (service), with service James Hearn
1989-06-30 Decision on motion to extend time to serve and/or file notice of appeal, to June 29/89., G
Granted, no order as to costs
1989-06-30 Hearing of motion to extend time to serve and/or file notice of appeal, 1989-06-30, to June 29/89., G
1989-06-30 Submission of motion to extend time to serve and/or file notice of appeal submitted, 1989-06-30, to June 29/89., G
1989-06-29 Notice of appeal, With service James Hearn
1989-06-29 Response to motion to extend time to serve and/or file notice of appeal Her Majesty the Queen
1989-06-27 Affidavit, With service James Hearn
1989-06-27 Motion to extend the time to serve and/or file the notice of appeal, With service James Hearn
1989-06-16 General proceeding, (the applicant will be filing a Notice of Appeal of Right in lieu of his leave application).
1989-06-16 Close file on Leave
1989-06-07 Book of authorities, 5 copies James Hearn
1989-06-07 Application for leave to appeal, , 5 copies, Completed on: 1989-06-07 James Hearn
1989-05-09 Order on motion to extend the time to file and/or serve the leave application
1989-05-08 Decision on motion to extend time to file and /or serve the leave application, to June 8/89., LaF
Granted, no order as to costs
1989-05-08 Hearing of motion to extend time to file and/ or serve the leave application, 1989-05-08, to June 8/89., LaF
1989-05-08 Submission of motion to extend time to file and/ or serve the leave application, 1989-05-08, to June 8/89., LaF
1989-05-05 $30.00 filing fee, receipt # 14170 James Hearn
1989-05-05 Response to the motion to extend the time to file and / or serve the leave application Her Majesty the Queen
1989-05-05 Affidavit, of Thomas E. Williams James Hearn
1989-05-05 Motion to extend the time to file and or serve the application for leave to appeal, to June 08/89 James Hearn

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

Main parties - Appellants
Name Role Status
Hearn, James Applicant Active
Fahey, Edward Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Counsel

Party: Hearn, James

Counsel
Names
Thomas E. Williams
Randell Earl
Contact information
O'Dea, Earle
323 DUCKWORTH ST
PO BOX 5955 STN C
ST JOHN'S, Newfoundland & Labrador
A1C 5X4
Telephone: (709) 726-3524
FAX: (709) 726-9600
Agent
Name
Michael L. Phelan
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867

Party: Fahey, Edward

Counsel
Name
Thomas E. Williams
Contact information
O'Dea, Earle
323 DUCKWORTH ST
PO BOX 5955 STN C
ST JOHN'S, Newfoundland & Labrador
A1C 5X4
Telephone: (709) 726-3524
FAX: (709) 726-9600
Agent
Name
Michael L. Phelan
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867

Party: Her Majesty the Queen

Counsel
Name
Wayne Gorman
Contact information
Attorney General of Newfoundland
4th Floor, East Block
Confederation Bldg, P.O. Box 8700
St. John's, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-2868
FAX: (709) 729-2129
Agent
Name
W.G. Burke-Robertson, Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

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

June 17, 1988
Supreme Court of Newfoundland and Labrador, Court of Appeal

Not available

Application for a directed verdict granted (See file)

March 8, 1989
Supreme Court of Newfoundland and Labrador - Court of Appeal

Not available

Appeal allowed; acquittal set aside and new trial ordered

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

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

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

Webcasts

Not available.

Date modified: 2025-05-13