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.
21926
Robert Brian Syliboy v. Her Majesty the Queen
(New Brunswick) (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) |
|---|---|---|
| 1994-07-18 | Close file on Leave | |
| 1991-02-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, (Fredericton,NB) | |
| 1991-02-13 | Copy of formal judgment on leave being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1991-02-13 | Copy of formal judgment on leave being prepared, Soloway, Wright, Houston (Ottawa,ON) | |
| 1991-01-25 | Notice of deposit of judgment issued to all parties, Soloway, Wright, Houston (Ottawa,ON) | |
| 1991-01-25 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1991-01-25 |
Judgment of the Court on the application for leave to appeal, L'HD So G Co St, The application for leave to appeal is dismissed, Sopinka J. dissenting. Dismissed, no order as to costs |
|
| 1990-12-13 |
Hearing of the application for leave to appeal, 1990-12-13, L'HD So G Co St Decision reserved |
|
| 1990-12-13 |
All materials on application for leave submitted to the Judges, 1990-12-13, L'HD So G Co St Decision reserved |
|
| 1990-12-13 |
Decision on motion to adduce new evidence Traversed, no order as to costs |
|
| 1990-12-13 |
Hearing of the motion to adduce new evidence, 1990-12-13 Decision reserved |
|
| 1990-12-13 |
Submission of motion to adduce new evidence, 1990-12-13 Decision reserved |
|
| 1990-12-12 | General proceeding, 10 copies of CROSS-EXAMINATION OF JOSEPH PALMER on affidavit swon Oct.15, 1990 | Robert Brian Syliboy |
| 1990-12-11 | General proceeding, SECOND ADDENDUM FOR APPLICATION TO ADDUCE FRESH EVIDENCE (10 copies), with service | Robert Brian Syliboy |
| 1990-12-11 | Affidavit, of Henrik Tonning (10 copies), with service | Robert Brian Syliboy |
| 1990-12-10 | General proceeding, 10 copies of CROSS-EXAMINATION OF TIMOTHY WAYNE HARPER on an affidavit sworn Sept.13, 1990 | Robert Brian Syliboy |
| 1990-12-07 | Respondent's argument on the motion to adduce new evidence, 10 copies, with service | Her Majesty the Queen |
| 1990-11-29 | Correspondence received from, from Henry S. Brown indicating that A.G.of N.B., Judge Strange, witness Joseph Palmer and the applicant have agreed cross-examination in Bangor, Maine U.S.A. | Her Majesty the Queen |
| 1990-11-29 | Order on motion to directions, With service | |
| 1990-11-23 |
Decision on motion for directions, "The cross-examination of Joseph Palmer may take place in Boston, Massachusetts or Fredericton, N.B. before Chief Judge Strange on or before Nov. 30, 1990., W Granted, no order as to costs |
|
| 1990-11-23 | Hearing of motion for directions, 1990-11-23, "The cross-examination of Joseph Palmer may take place in Boston, Massachusetts or Fredericton, N.B. before Chief Judge Strange on or before Nov. 30, 1990., W | |
| 1990-11-23 | Submission of motion for directions, 1990-11-23, "The cross-examination of Joseph Palmer may take place in Boston, Massachusetts or Fredericton, N.B. before Chief Judge Strange on or before Nov. 30, 1990., W | |
| 1990-11-22 | Affidavit, of Eduard Van Bemmel., with service | Her Majesty the Queen |
| 1990-11-22 | Affidavit, of Anne S. Derrick., with service | Robert Brian Syliboy |
| 1990-11-22 | Motion for directions, for an order directing that the cross-examination of Joseph Palmer may take place in Boston Massachusetts., with service | Robert Brian Syliboy |
| 1990-11-16 | Order on miscellaneous motion, to cross-examine Timothy Wayne Harper and Joseph Palmer, with service | |
| 1990-11-15 |
Decision on the miscellaneous motion, for an order granting leave to cross-examine Mr. Timothy Wayne Palmer and Mr. Joseph Palmer.**FOR MORE DETAILS ON THE ORDER SEE REG'S RED BK. #8 at p.10**, W Granted, no order as to costs |
|
| 1990-11-15 | Hearing of miscellaneous motion, 1990-11-15, for an order granting leave to cross-examine Mr. Timothy Wayne Palmer and Mr. Joseph Palmer.**FOR MORE DETAILS ON THE ORDER SEE REG'S RED BK. #8 at p.10**, W | |
| 1990-11-15 | Submission of miscellaneous motion, 1990-11-15, for an order granting leave to cross-examine Mr. Timothy Wayne Palmer and Mr. Joseph Palmer.**FOR MORE DETAILS ON THE ORDER SEE REG'S RED BK. #8 at p.10**, W | |
| 1990-11-13 | Affidavit, for an order granting leave to cross-examine Mr. Timothy Wayne Harper and Joseph Palmer on their affidavits., with service | Her Majesty the Queen |
| 1990-11-13 | Notice of miscellaneous motion, for an order granting leave to cross-examine Mr. Timothy Wayne Harper and Joseph Palmer on their affidavits., with service | Her Majesty the Queen |
| 1990-11-07 | Order on miscellaneous motion, of the application for leave to appeal and to adduce new evidence, with service | |
| 1990-10-26 | Response to miscellaneous motion | Robert Brian Syliboy |
| 1990-10-25 | Affidavit, of Eduard J. Van Bemmel | Her Majesty the Queen |
| 1990-10-25 | Notice of miscellaneous motion | Her Majesty the Queen |
| 1990-10-25 | Respondent's response on the application for leave to appeal, 10 copies, with service | Her Majesty the Queen |
| 1990-10-23 |
Decision on the miscellaneous motion, of the application for leave to appeal and to adduce fresh evidence to Dec/03/90., McL Granted, no order as to costs |
|
| 1990-10-23 | Hearing of miscellaneous motion, 1990-10-23, of the application for leave to appeal and to adduce fresh evidence to Dec/03/90., McL | |
| 1990-10-23 | Submission of miscellaneous motion, 1990-10-23, of the application for leave to appeal and to adduce fresh evidence to Dec/03/90., McL | |
| 1990-10-18 | General proceeding, ADDENDUM to Memorandum of applicant APPLICATION TO ADDUCE NEW EVIDENCE (10 copies), with service | Robert Brian Syliboy |
| 1990-10-18 | Affidavit, of Joseph Palmer(10 copies), with service | Robert Brian Syliboy |
| 1990-10-15 | Affidavit, By Henrik Tonning (original) | Robert Brian Syliboy |
| 1990-10-15 | Affidavit, by Timothy Wayne Harper (original) | Robert Brian Syliboy |
| 1990-10-15 | Motion to adduce new evidence, 10 copies, with service | Robert Brian Syliboy |
| 1990-10-15 | Application for leave to appeal, 10 copies, with service, Completed on: 1990-10-15 | Robert Brian Syliboy |
| 1990-10-02 | Order on motion to extend the time to file and/or serve the leave application, (further extention), with service | |
| 1990-09-24 | Response to the motion to extend the time to file and / or serve the leave application, (further extention) Nov/5/1990. | Her Majesty the Queen |
| 1990-09-21 | Response to the motion to extend the time to file and / or serve the leave application, (Further extention) | Her Majesty the Queen |
| 1990-09-21 | Affidavit, (further extention) of Anne S. Derrick | Robert Brian Syliboy |
| 1990-09-21 | Motion to extend the time to file and or serve the application for leave to appeal, (further extention) to October 22, 1990, with service | Robert Brian Syliboy |
| 1990-08-07 | Order on motion to extend the time to file and/or serve the leave application | |
| 1990-07-17 | Response to the motion to extend the time to file and / or serve the leave application | Her Majesty the Queen |
| 1990-07-17 | Affidavit, (further) of Anne S. Derrick | Robert Brian Syliboy |
| 1990-07-17 | Motion to extend the time to file and or serve the application for leave to appeal, (further) to September 28, 1990 | Robert Brian Syliboy |
| 1990-07-17 |
Decision on motion to extend time to file and /or serve the leave application, to the 28/09/90, So Granted, no order as to costs |
|
| 1990-07-17 | Hearing of motion to extend time to file and/ or serve the leave application, 1990-07-17, to the 28/09/90, So | |
| 1990-07-17 | Submission of motion to extend time to file and/ or serve the leave application, 1990-07-17, to the 28/09/90, So | |
| 1990-05-10 | Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa,ON) enclosing receipt in the amount of $30.00 for the filing fee received. | |
| 1990-05-07 | Order on motion to extend the time to file and/or serve the leave application | |
| 1990-05-02 |
Decision on motion to extend time to file and /or serve the leave application, to July 30th, 1990, with service, LaF Granted, no order as to costs |
|
| 1990-05-02 | Hearing of motion to extend time to file and/ or serve the leave application, 1990-05-02, to July 30th, 1990, with service, LaF | |
| 1990-05-02 | Submission of motion to extend time to file and/ or serve the leave application, 1990-05-02, to July 30th, 1990, with service, LaF | |
| 1990-04-30 | $30.00 filing fee, receipt #16988 | Robert Brian Syliboy |
| 1990-04-30 | Response to the motion to extend the time to file and / or serve the leave application | Her Majesty the Queen |
| 1990-04-30 | Affidavit, of H. Archibald Kaiser | Robert Brian Syliboy |
| 1990-04-30 | Affidavit, of Anne S. Derrick | Robert Brian Syliboy |
| 1990-04-30 | Motion to extend the time to file and or serve the application for leave to appeal | Robert Brian Syliboy |
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 |
|---|---|---|
| Syliboy, Robert Brian | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Syliboy, Robert Brian
Counsel
100 - 5525 ARTILLERY PLACE
HALIFAX, Nova Scotia
B3J 1J2
Telephone: (902) 422-7411
FAX: (902) 423-3544
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Her Majesty the Queen
Counsel
CITY HALL 4TH FL
15 MARKET SQUARE
SAINT JOHN, New Brunswick
E2L 1E8
Telephone: (506) 658-2580
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
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
Court of Queen’s Bench of New Brunswick
Not available
Conviction: Second degree murder
Court of Appeal of New Brunswick
Not available
Appeal from conviction 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
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