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21598

Claude Vickery v. Prothonotary of the Supreme Court of Nova Scotia at Halifax, et al.

(Nova Scotia) (Criminal) (By Leave)

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)
1992-03-30 Appeal closed
1991-05-13 Record returned to the Registrar of the Court of Appeal, (Picked up by Mr. A. Martin Smith, Q.C. in person as list signed)
1991-04-10 Formal judgment sent to the registrar of the court of appeal and all parties, (Halifax,NS)
1991-04-10 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1991-04-10 Copy of formal judgment being prepared, Beament, Green, York, Manton (Ottawa,ON)
1991-04-10 Copy of formal judgment being prepared, Perley-Robertson, Panet, Hill & McDougall (Ott,ON)
1991-03-28 Notice of deposit of judgment sent to all parties, Perley-Robertson, Panet, Hill & McDougall (Ottawa,ON)
1991-03-28 Notice of deposit of judgment sent to all parties, Beament, Green, York & Manton (Ottawa,ON)
1991-03-28 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1991-03-28 Judgment on the appeal rendered, CJ W LaF L'HD So G Co McL St, The appeal is dismissed, with costs to the Respondent Nugent, with no costs for or against the prothonotary or the Attorney General. L'Heureux-Dubé, Cory and McLachlin JJ. dissenting.
Dismissed, with costs
1990-11-14 General proceeding, transcripts received and distributed to the justices (140 pages,vol.I & II)
1990-10-31 Hearing of the appeal, 1990-10-31, CJ W LaF L'HD So G Co McL St
Decision reserved
1990-10-30 Appeal court record
1990-10-24 Book of authorities, JOINT 10 copies, with service Claude Vickery
1990-10-19 Service, of authorities, with service
1990-10-19 Service, 1 copy of factum, with service
1990-10-16 Book of authorities, 10 copies Canadian Association of Journalists
1990-10-16 Intervener's factum, 20 copies Canadian Association of Journalists
1990-10-09 Correspondence (sent by the Court) to, from Marguerite J. Mac Neil, re: one hour should sufficient time for both the Respondents', also that Mr. Nugent should be heard first
1990-10-05 Respondent's factum, 21 copies, with service Prothonotary of the Supreme Court of Nova Scotia at Halifax
1990-10-03 Order on motion to expedite the appeal
1990-10-02 Order on motion for leave to intervene, (Granted leave to file a factum and present an oral argument of not more than 10 minutes)
1990-09-27 Appeal hearing scheduled, 1990-10-31
Decision reserved
1990-09-21 Order on motion to expedite the appeal
1990-09-21 Notice of hearing, With service Claude Vickery
1990-09-18 Decision on the motion for leave to intervene, LaF
Granted, no order as to costs
1990-09-18 Hearing of motion for leave to intervene, 1990-09-18, LaF
1990-09-18 Submission of motion for leave to intervene, 1990-09-18, LaF
1990-09-17 Appeal perfected for hearing, Session beginning on 1990-10-01
1990-09-17 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, appeal to heard Oct/31/90,
Granted, no order as to costs
1990-09-17 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1990-09-17, appeal to heard Oct/31/90,
1990-09-17 Hearing of motion to expedite the appeal, 1990-09-17, appeal to heard Oct/31/90,
1990-09-17 Submission of motion to expedite the appeal, 1990-09-17, appeal to heard Oct/31/90,
1990-09-17 Correspondence (sent by the Court) to, from Marguerite J. Mac Neil re not consenting to motion to intervene by Canadian Association of Journalists but no one will appear to oppose
1990-09-17 Correspondence (sent by the Court) to, from Stephen Grace, re: will not be represented on the motion for Sept. 18\90, and is neither consenting to it nor opposing it
1990-09-13 Response to motion to expedite the appeal, With service Prothonotary of the Supreme Court of Nova Scotia at Halifax
1990-09-13 Affidavit, of David G. Coles Claude Vickery
1990-09-13 Motion to expedite the appeal, (for Oct. 29, 30 and 31 or Nov. 6) Claude Vickery
1990-09-12 Service, of the Respondent's factum
1990-09-10 Respondent's factum, 21 copies Brent Stephen Nugent
1990-08-30 Service, of Notice of motion for leave to intervene of Canadian Association of Journalists and Affidavit in support
1990-08-30 Affidavit, of Julian Sher, with service Canadian Association of Journalists
1990-08-30 Motion for leave to intervene, With service Canadian Association of Journalists
1990-08-20 Service, of Appellant's factum (2)
1990-08-14 Appellant's factum, 21 copies, with service Claude Vickery
1990-08-02 Service, of notice of deposit of security for costs
1990-08-01 Service, copy of Case on Appeal
1990-07-30 Case on appeal, 20 copies Claude Vickery
1990-06-21 Order granting leave to appeal, With service
1990-06-20 Notice of appeal, With service Claude Vickery
1990-06-14 Close file on Leave
1990-06-14 Notice of deposit of judgment issued to all parties, Perley-Robertson, (Ottawa,ON)
1990-06-14 Notice of deposit of judgment issued to all parties, Beament, Green, York & Manton (Ottawa,ON)
1990-06-14 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1990-06-14 Judgment of the Court on the application for leave to appeal, W LaF Co, The application for leave to appeal is granted.
Granted, no order as to costs
1990-03-26 Hearing of the application for leave to appeal, 1990-03-26, W LaF Co
Decision reserved
1990-03-26 All materials on application for leave submitted to the Judges, 1990-03-26, W LaF Co
Decision reserved
1990-03-21 Decision on the miscellaneous motion, for an order permitting the filing of the applicant's book of authorities,, Reg
Granted, no order as to costs
1990-03-21 Hearing of miscellaneous motion, 1990-03-21, for an order permitting the filing of the applicant's book of authorities,, Reg
1990-03-21 Submission of miscellaneous motion, 1990-03-21, for an order permitting the filing of the applicant's book of authorities,, Reg
1990-03-16 Response to miscellaneous motion, for an order permitting the filing of the applicant's book of authorities, Prothonotary of the Supreme Court of Nova Scotia at Halifax
1990-03-16 Notice of miscellaneous motion, for order permitting the filing of the applicant's book of authorities notwithstanding an oral hearing is ordered, Claude Vickery
1990-03-16 Book of authorities, 5 copies Claude Vickery
1990-03-15 Correspondence received from, from Stephen J. Grace re leave to appeal to be heard on March 26, 1990 at 9:30 a.m. Claude Vickery
1990-03-14 Book of authorities, 5 copies Prothonotary of the Supreme Court of Nova Scotia at Halifax
1990-02-12 Correspondence received from, from Stephen J. Grace, re acknowledging oral hearing on March 19\90 Claude Vickery
1990-01-18 Correspondence received from, sent to Gowling, Straty & Henderson (Ottawa,ON) advising of Oral Hearing ordered to decide leave application.
1990-01-18 Correspondence received from, sent to Beament, Green (Ottawa,ON) advising of Oral Hearing ordered to decide leave application.
1990-01-18 Correspondence received from, sent to Perley-Robertson (Ottawa,ON) advising of Oral Hearing ordered to decide leave application
1990-01-18 Judgment of the Court on the application for leave to appeal, W LaF Co, An oral hearing is ordered to decide whether this application for leave to appeal should be granted.
Oral hearing ordered, no order as to costs
1990-01-18 Hearing of the application for leave to appeal, 1990-01-18, W LaF Co
1990-01-18 All materials on application for leave submitted to the Judges, 1990-01-18, W LaF Co
1989-10-23 All materials on application for leave submitted to the Judges, W LaF Co
1989-10-13 Respondent's response on the application for leave to appeal, 1 copy with service,, with service Prothonotary of the Supreme Court of Nova Scotia at Halifax
1989-10-13 Respondent's response on the application for leave to appeal, 5 copies, with service Prothonotary of the Supreme Court of Nova Scotia at Halifax
1989-10-10 Respondent's response on the application for leave to appeal, 5 copies, Brent Stephen Nugent
1989-09-25 Service, for the application book,, with service
1989-09-22 $30.00 filing fee, receipt #15739 Claude Vickery
1989-09-22 Application for leave to appeal, 5 copies, Completed on: 1989-09-22 Claude Vickery

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
Vickery, Claude Applicant Active

v.

Main parties - Respondents
Name Role Status
Prothonotary of the Supreme Court of Nova Scotia at Halifax Respondent Active
Nugent, Brent Stephen Respondent Active

Other parties

Other parties
Name Role Status
Canadian Association of Journalists Intervener Active

Counsel

Party: Vickery, Claude

Counsel
Names
David G. Coles
James Connors
J. Connors
D. Henry
Contact information
Boyne Clarke
700 - 33 Alderbey Drive
P.O. Box 876
Darmouth, Nova Scotia
B2Y 3Z5
Telephone: (902) 469-9500
FAX: (902) 463-7500
Email: dcoles@boyneclarke.ns.ca
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Prothonotary of the Supreme Court of Nova Scotia at Halifax

Counsel
Names
Reinhold Endres, Q.C.
M. Smith
Contact information
Attorney General of Nova Scotia
515 Terminal Road
P.O. Box 7
Halifax, Nova Scotia
B3J 2L6
Telephone: (902) 424-5896
FAX: (902) 424-1730
Agent
Name
Stephen J. Grace
Contact information
Beament, Green, Dust
47 Clarence St
Suite 204
Ottawa, Ontario
K1N 9K1
Telephone: (613) 241-3400
FAX: (613) 241-8555

Party: Nugent, Brent Stephen

Counsel
Names
Kevin G. Coady
Marguerite MacNeil
M. MacNeil
J. Filliter
Contact information
Coady Filliter
208 - 5880 SPRING GARDEN RD
HALIFAX, Nova Scotia
B3H 1Y1
Telephone: (902) 429-6264
FAX: (902) 423-3044
Agent
Name
David Migicovsky
Contact information
Perley-Robertson, Hill & McDougall
400 - 90 Sparks Street
Ottawa, Ontario
K1P 1E2
Telephone: (613) 238-2022
FAX: (613) 238-8775

Party: Canadian Association of Journalists

Counsel
Name
Richard G. Dearden
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin Street
P.O. Box 466, Stn D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0135
FAX: (613) 563-9869
Email: Richard.Dearden@gowlings.com

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

July 14, 1988
Supreme Court of Nova Scotia, Trial Division

S.H. No. 64775

Application allowed (See file)

May 26, 1989
Nova Scotia Court of Appeal

S.C.A. No. 02003

Appeal allowed - Application to access & copy certain tapes dismissed

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