Case information
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21953
Donald Mercer Cormie, et al. v. Her Majesty the Queen
(Alberta) (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 | |
| 1990-12-18 | Copy of formal judgment on leave being prepared, Ogilvie & Company (Edmonton,AB) | |
| 1990-12-18 | Copy of formal judgment on leave being prepared, Scott & Aylen (Ottawa,ON) | |
| 1990-12-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, (Edmonton,AB) | |
| 1990-12-03 |
Judgment of the Court on the application for leave to appeal, LaF L'HD So G McL Dismissed, no order as to costs |
|
| 1990-12-03 | Hearing of the application for leave to appeal, 1990-12-03, LaF L'HD So G McL | |
| 1990-12-03 | All materials on application for leave submitted to the Judges, 1990-12-03, LaF L'HD So G McL | |
| 1990-12-03 |
Decision on the motion for a stay of execution, LaF L'HD So G McL Dismissed, no order as to costs |
|
| 1990-12-03 | Hearing of motion for a stay of execution, 1990-12-03, LaF L'HD So G McL | |
| 1990-12-03 | Submission of motion for a stay of execution, 1990-12-03, LaF L'HD So G McL | |
| 1990-11-23 | Respondent's response on the application for leave to appeal, 10 copies | Her Majesty the Queen |
| 1990-11-13 | Service, of application for leave to appel and stay of execution, with service | |
| 1990-11-09 | Application for leave to appeal, Completed on: 1990-11-09 | |
| 1990-11-09 | Motion for a stay of execution, 10copies | Donald Mercer Cormie |
| 1990-11-09 | Application for leave to appeal, 10copies, Completed on: 1990-11-09 | Donald Mercer Cormie |
| 1990-05-18 |
Decision on the miscellaneous motion, Co, to abrige the time provided by the Rules of this Court and to seek leave to appeal a discretionary Order made by the Court of Appeal of Alberta refusing to grant a stay of proceedings with the result that a preliminary hearing scheduled to begin next week would be postponed. I do not consider this an appropriate case to extend the time. It is said the Court of Appeal erred in referring to the prejudice which might be suffered by the Crown of the preliminary does not proceed, yet no material is placed before me on that issue. It is said that with the leave and stay granted by this Court in the Wholesale case, the same stay should be granted in this case. I cannot agree. It is preferable that the Court of Appeal of Alberta deal with the pending appeal as to validity of the charges and that in the meantime the preliminary hearing proceed. It is not easy to schedule and complete a long preliminary hearing and I can see no basis for staying it in the circumstances presented to me. Criminal proceedings should not, as a rule, be fragmented. Further, this Court should have the benefit of the thinking of the Court of Appeal before it considers the issue. Dismissed, no order as to costs |
|
| 1990-05-18 | Hearing of miscellaneous motion, 1990-05-18, Co | |
| 1990-05-18 | Submission of miscellaneous motion, 1990-05-18, Co | |
| 1990-05-17 | Affidavit, of Alexander David Pringle,, with service | Donald Mercer Cormie |
| 1990-05-17 | Notice of miscellaneous motion, 1) To abrige the time for the hearing of this motion. 2) To abrige the time for leave to appeal and stay of proceedings. 3) to set the date of May 23rd, 1990 for the hearing the said leave and stay motion. 4)Directions for the service of the applicant's m | Donald Mercer Cormie |
| 1990-05-17 | $30.00 filing fee, Rec. #17603 | Donald Mercer Cormie |
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 |
|---|---|---|
| Cormie, Donald Mercer | Applicant | Active |
| Cormie, John M. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Cormie, Donald Mercer
Counsel
W.S. Berardino, Q.C.
2100 - 1075 Georgia St West
Vancouver, British Columbia
V6E 3G2
Telephone: (604) 631-3131
FAX: (604) 631-3232
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Cormie, John M.
Counsel
2100 - 1075 Georgia St West
Vancouver, British Columbia
V6E 3G2
Telephone: (604) 631-3131
FAX: (604) 631-3232
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Her Majesty the Queen
Counsel
M.R. Dambrot, Q.C.
1400 - 10303 Jasper Ave
Edmonton, Alberta
T5J 3N6
Telephone: (780) 429-6246
FAX: (780) 429-4453
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
Court of Queen’s Bench of Alberta
9003-0270-C4
Applications dismissed
Court of Appeal of Alberta (Edmonton)
9003-0379-A1....
Appeals 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