Case information
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21702
Darby Burr Cairns v. Her Majesty the Queen
(British Columbia) (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) |
|---|---|---|
| 1992-04-07 | Close file on Leave | |
| 1991-04-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, (Vancouver,BC) | |
| 1991-04-30 | Copy of formal judgment on leave being prepared, Sheldon Goldberg (Vancouver,BC) | |
| 1991-04-30 | Copy of formal judgment on leave being prepared, Burke-Robertson (Ottawa,ON) | |
| 1991-04-04 | Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa,ON) | |
| 1991-04-04 | Notice of deposit of judgment issued to all parties, Sheldon Goldberg (Vancouver,BC) | |
| 1991-04-04 |
Judgment of the Court on the application for leave to appeal, CJ So McL, The applicant requests an extension of time for leave to appeal and, if time is extended, leave to appeal. He also requests appointment of counsel pursuant to s. 694(1) of the Criminal Code and leave to appeal in forma pauperis. After review of the materials filed on behalf of the applicant by counsel for the applicant and the response filed by the respondent, we are satisfied that this is not a proper case for the appointment of counsel. Furthermore, from our review of the record we have concluded that there is no proper basis for the court to exercise its discretion to extend the time for leave to appeal. Accordingly, the application for an extension of time is dismissed. It follows that the application for leave to appeal and to appeal in forma pauperis, which are dependent on an extension of time, are also dismissed. Dismissed, no order as to costs |
|
| 1991-04-04 | Hearing of the application for leave to appeal, 1991-04-04, CJ So McL | |
| 1991-04-04 | All materials on application for leave submitted to the Judges, 1991-04-04, CJ So McL | |
| 1991-02-19 | All materials on application for leave submitted to the Judges, CJ So McL | |
| 1991-01-18 | Application for leave to appeal, as filing fee and material, Completed on: 1991-01-18 | |
| 1991-01-18 | Correspondence received from, from N. Loreti sent to Mr. Darby Burr Cairns (Vancouver,BC) acknowledging receipt of his letter dated December 31, 1990 together with the filing fee and material. Court advises him that "in forma pauperis" provisions apply only to procedures in appeal. | |
| 1991-01-18 | Service, 1 copy of memorandum of argument (copies), with service | |
| 1991-01-18 | Respondent's response on the application for leave to appeal, 6 copies including response to appoint counsel and extension of time | Her Majesty the Queen |
| 1991-01-18 | Correspondence received from, from Mr. Burke-Robertson; re: memorandum of argument to include response to the appointment of counsel. | Her Majesty the Queen |
| 1991-01-14 | $30.00 filing fee, #18941 | Darby Burr Cairns |
| 1991-01-11 | Correspondence received from, from Burke-Robertson informing that respondent does NOT consent to the application that counsel be appointed to represent the applicant | Her Majesty the Queen |
| 1991-01-07 | Affidavit, of Sheldon Goldberg (7 copies) | Darby Burr Cairns |
| 1991-01-07 | Affidavit, of Darby Burr Cairns (7 copies) | Darby Burr Cairns |
| 1991-01-07 | Application for leave to appeal, 7 copies (EXTENSION OF TIME INCLUDED IN MOTION BOOK)(Trial judgment & reasons + proof of serv.), Incomplete | Darby Burr Cairns |
| 1990-12-06 | Correspondence received from, from Burke-Robertson, re: whether Mr. Goldberg intends to proceed | Her Majesty the Queen |
| 1989-12-06 | General proceeding, (to note) advised counsel that he needed an extension of time & filing fee | |
| 1989-11-21 | Notice of application for leave to appeal, (7 copies) | Darby Burr Cairns |
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 |
|---|---|---|
| Cairns, Darby Burr | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Cairns, Darby Burr
Counsel
Vancouver, British Columbia
V5Y 2B1
Telephone: (604) 872-5682
Party: Her Majesty the Queen
Counsel
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
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 British Columbia
Not available
Conviction: Forst degree murder
Court of Appeal for British Columbia (Vancouver)
Not available
Appeal dismissed
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
Not available