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22281

Her Majesty the Queen v. Arthur Larry Smith

(Ontario) (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)
1992-12-18 Correspondence (sent by the Court) to, sent to Court of Appeal for Ontario Re: Court records returned
1992-10-05 Close file on Leave
1992-09-02 Copy of formal judgment being prepared, Soloway, Wright, Houston & Associates (Ottawa,ON)
1992-09-02 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1992-09-02 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1992-08-27 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1992-08-27 Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston & Associates (Ottawa,ON)
1992-08-27 Judgment on the appeal rendered, CJ LaF So G Co McL Ia, The appeal is dismissed
Dismissed, no order as to costs
1992-07-02 General proceeding, 10 copies of reported judgment in R. v. Kearley, [1992] 2 All E.R. 245 (H.L.) Arthur Larry Smith
1992-07-02 General proceeding, Memo from Michel Larmour re: letter dated June 30, 1992 from D. Fletcher Dawson sent to Justices, La LaF So G Co McL I.
1992-06-19 General proceeding, transcript on Re-Hearing received and distributed to the justices (102 pages)
1992-06-15 Hearing of the appeal, 1992-06-15, (RE-HEARING), CJ LaF So G Co McL Ia
Decision reserved
1992-06-15 Book of authorities, (supplemental) 10 copies Her Majesty the Queen
1992-06-12 General proceeding, to note 10 copies of SUPPLEMENTARY SUBMISSIONS AND AUTHORITIES Arthur Larry Smith
1992-06-12 Appellant's factum, SUPPLEMENTARY 24 copies (see registrar's letter of June 1, 1992), with service Her Majesty the Queen
1992-06-01 Appeal hearing scheduled, 1992-06-15
Decision reserved
1992-06-01 Correspondence (sent by the Court) to, from A. Roland sent to A.G. for Ontario (Tor,ON) advising him that the Court would be interested in receiving submissions as to whether the principles upon which the exceptions to the hearsay rule are based should be applied to determine the admissibility
1992-05-28 Appeal re-hearing ordered, Appeal is to be heard on Monday, June 15, 1992
1992-04-21 General proceeding, transcripts received and distributed to the justices (91 pages)
1992-03-25 Judgment on the appeal rendered
Traversed, no order as to costs
1992-03-25 Hearing of the appeal, 1992-03-25
Decision reserved
1992-03-20 Correspondence (sent by the Court) to, (by fax) from Milan Rupic; re: his submissions will take 60 minutes at the hearing
1992-03-10 Book of authorities, 10 copies of vols. 1 to 3 Her Majesty the Queen
1992-03-06 Appellant's factum, AMENDED 23 copies (to replace the factum filed on Oct. 24, 1991), with service Her Majesty the Queen
1992-01-30 Correspondence (sent by the Court) to, sent to Soloway, Wright, Houston & Associates; re: list of appeals inscribed for hearing by this Court during the January 1992 session and the Court's agenda for the session.
1992-01-27 General proceeding, 1 VHS VIDEO TAPE of Gary Tomlin interview Her Majesty the Queen
1992-01-23 Appeal court record, consisting of 1 appeal book and a supplement appea l book) (joint with Trial transcripts) (1 box)
1992-01-23 Trial court record, consisting of Trial Transcripts vol. 1 to 6 (joint with C/A record)(1 box)
1992-01-23 Appeal hearing scheduled, 1992-03-25
Decision reserved
1992-01-23 Order on miscellaneous motion
1992-01-21 Decision on miscellaneous motion, for and oder permitting the filing of the respondent's factum in its present form., Reg
Granted, no order as to costs
1992-01-21 Hearing of miscellaneous motion, 1992-01-21, for and oder permitting the filing of the respondent's factum in its present form., Reg
1992-01-21 Submission of miscellaneous motion, 1992-01-21, for and oder permitting the filing of the respondent's factum in its present form., Reg
1992-01-17 Response to miscellaneous motion, to file the factum as printed Her Majesty the Queen
1992-01-17 Affidavit, 0f Eduard J. Van Bemmel to accept the factum as printed, with service Arthur Larry Smith
1992-01-17 Notice of miscellaneous motion, to accept the factum as printed, with service Arthur Larry Smith
1992-01-10 Respondent's factum, 21 copies (motion to accept the factum in its present form requested), with service Arthur Larry Smith
1992-01-07 Appeal perfected for hearing, Session beginning on 1992-01-27
1991-10-25 General proceeding, 26 copies of supplementary case on appeal (Transcripts), with service Her Majesty the Queen
1991-10-24 Appellant's factum, 24 copies (REPLACED BY AN AMENDED FACTUM ON MARCH 6, 1992), with service Her Majesty the Queen
1991-08-21 Certified casebook, vol. I to VI, with service Her Majesty the Queen
1991-08-09 Case on appeal, 21 copies of vol. I to VI Her Majesty the Queen
1991-05-27 Order granting leave to appeal, With service
1991-05-24 Service, of Notice of appeal
1991-05-22 Order granting leave to appeal, With service
1991-05-21 Notice of appeal, 2 copies, with service Her Majesty the Queen
1991-05-10 Close file on Leave
1991-05-09 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1991-05-09 Notice of deposit of judgment issued to all parties, Soloway, Wright, Houston (Ottawa,ON)
1991-05-09 Judgment of the Court on the application for leave to appeal, CJ So McL, The application for leave to appeal is granted.
Granted, no order as to costs
1991-05-09 Hearing of the application for leave to appeal, 1991-05-09, CJ So McL
1991-05-09 All materials on application for leave submitted to the Judges, 1991-05-09, CJ So McL
1991-04-10 General proceeding, 5 copies of case comment, as yet unpublished, by Professor Delisle Her Majesty the Queen
1991-03-18 All materials on application for leave submitted to the Judges, CJ So McL
1991-02-26 Respondent's response on the application for leave to appeal, 5 copies, with service Arthur Larry Smith
1991-02-08 Order on motion to extend time, With service
1991-02-05 Application for leave to appeal, as Court of Appeal Order filed, Completed on: 1991-02-05
1991-02-05 General proceeding, to note Court of Appeal Order Her Majesty the Queen
1991-01-31 Decision on motion to extend time, to serve and file a respondent's argument on the application for leave to appeal to Feb/27/91, L'HD
Granted, no order as to costs
1991-01-31 Hearing of motion to extend time, 1991-01-31, to serve and file a respondent's argument on the application for leave to appeal to Feb/27/91, L'HD
1991-01-31 Submission of motion to extend time, 1991-01-31, to serve and file a respondent's argument on the application for leave to appeal to Feb/27/91, L'HD
1991-01-24 Response to motion to extend time, to serve and file the respondent's memorandum of argument Her Majesty the Queen
1991-01-24 Affidavit, to serve and file the memorandum of argument; D. Fletcher Dawson Arthur Larry Smith
1991-01-24 Motion to extend time, to serve and and file the memorandum of argument Arthur Larry Smith
1991-01-21 $30.00 filing fee, #18990 Her Majesty the Queen
1991-01-21 Application for leave to appeal, 6 copies (Formal C/A order missing), with service, Incomplete Her Majesty the Queen

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
Her Majesty the Queen Applicant Active

v.

Main parties - Respondents
Name Role Status
Smith, Arthur Larry Respondent Active

Counsel

Party: Her Majesty the Queen

Counsel
Name
Milan Rupic
Contact information
Attorney General for Ontario
720 Bay Street
10th floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4592
FAX: (416) 326-4656
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Smith, Arthur Larry

Counsel
Name
D. Fletcher Dawson
Contact information
Cohen Highley Vogel & Dawson
ONE LONDON PL 11TH FL
255 QUEENS AVE
LONDON, Ontario
N6A 5R8
Telephone: (519) 672-9330
FAX: (519) 672-5960
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
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

December 22, 1987
Supreme Court of Ontario

Not available

Respondent convicted of second degree murder

December 3, 1990
Court of Appeal for Ontario

444/88

Appeal allowed; 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