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.
22389
Barry Gerald Griffith v. Her Majesty the Queen
(Ontario) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1997-09-08 | Appeal closed | |
| 1993-07-23 | Correspondence (sent by the Court) to, sent to Court of Appeal of Ontario, enclosing their record | |
| 1993-07-19 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON) | |
| 1993-07-19 | Copy of formal judgment being prepared, Shore, Davis & Perkins-McVey (Ottawa, ON) | |
| 1993-07-15 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1993-06-18 | Notice of deposit of judgment sent to all parties, Shore, Davis & Perkins-McVey (Ottawa, ON) | |
| 1993-06-18 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON) | |
| 1993-06-17 |
Judgment on the appeal rendered, The appeals are allowed and a new trial is ordered, L'Heureux-Dubé J. dissenting. Allowed, no order as to costs |
|
| 1993-03-18 | General proceeding, pages 25, 28, 29 and 30 to be replaced in the factum filed on behalf of R01 Her Majesty the Queen sent to to CJ LaF So G Co McL Maj | |
| 1993-03-17 | General proceeding, transcripts received and distributed to the judges (99 pages) | |
| 1993-03-05 |
Hearing of the appeal, 1993-03-05 Decision reserved |
|
| 1993-03-04 | Affidavit, to bring an application for leave to appeal upon an additional ground (JIll Copeland) 10 copies (joint with 22366), with service | Barry Gerald Griffith |
| 1993-03-04 | Affidavit, to bring an application for leave to appeal upon an additional ground (Jill Copeland) 10 copies (joint with 22366) (distributed to Justices La L'HD So G Co McL Maj, 1993-03-04), with service | Barry Gerald Griffith |
| 1993-03-03 | Notice of miscellaneous motion, to bring an application for leave to appeal upon an additional ground (10 copies), with service | Barry Gerald Griffith |
| 1993-03-03 | Motion to extend time, to bring an application for leave to appeal upon an additional ground (10 copies) (joint with 22366), with service | Barry Gerald Griffith |
| 1993-02-26 | Book of authorities, 10 copies of vol. I to IV (joint with 22366) | Barry Gerald Griffith |
| 1993-02-25 | Response to motion to extend time, to file the respondent's factum, to Feb. 18/93 | Barry Gerald Griffith |
| 1993-02-25 |
Decision on motion to extend time, to serve and file the respondent's factum to Feb/18/1993., Reg Granted, no order as to costs |
|
| 1993-02-25 | Hearing of motion to extend time, 1993-02-25, to serve and file the respondent's factum to Feb/18/1993., Reg | |
| 1993-02-25 | Submission of motion to extend time, 1993-02-25, to serve and file the respondent's factum to Feb/18/1993., Reg | |
| 1993-02-24 | Affidavit, to file the factum to Feb. 18/93; Scott C. Hutchison, with service | Her Majesty the Queen |
| 1993-02-24 | Motion to extend time, to file the factum to Feb. 18/93, with service | Her Majesty the Queen |
| 1993-02-19 | Respondent's factum, 24 copies (JOINT WITH 22366) (EXTENSION OF TIME REQUESTED - KAREN ADVISED) | Her Majesty the Queen |
| 1993-02-04 |
Appeal hearing scheduled, 1993-03-05 Decision reserved |
|
| 1992-11-30 | Appeal perfected for hearing, Session beginning on 1993-01-25 | |
| 1992-11-03 | Correspondence (sent by the Court) to, sent to Ruby & Edwardh (Toronto,ON) Re: further to your letter dated October 3, 1992, trial exhibits need not be praeciped to this Court for the hearing of the appeal with the understanding that said exhibits be made available should they be required. | |
| 1992-11-02 | Correspondence (sent by the Court) to, from Ruby & Edwardh; re: trial exhibits will not be sent to this Court | |
| 1992-10-23 | Appeal court record, 1 box (JOINT WITH 22366) | |
| 1992-10-23 | Trial court record, 1 box (JOINT WITH 22366) | |
| 1992-10-02 | Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, With service | |
| 1992-09-22 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, McL Granted, no order as to costs |
|
| 1992-09-22 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1992-09-22, McL | |
| 1992-09-22 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1992-09-22, McL | |
| 1992-09-21 | Order on motion to extend time, to serve and file the appellant's factun,, with service | |
| 1992-09-16 | Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause | Her Majesty the Queen |
| 1992-09-16 | Affidavit, (of Shaun Nakatsuru) | Barry Gerald Griffith |
| 1992-09-16 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause | Barry Gerald Griffith |
| 1992-09-11 |
Decision on motion to extend time, to serve and file the appellant's factum to Sept\11\1992,, McL Granted, no order as to costs |
|
| 1992-09-11 | Hearing of motion to extend time, 1992-09-11, to serve and file the appellant's factum to Sept\11\1992,, McL | |
| 1992-09-11 | Submission of motion to extend time, 1992-09-11, to serve and file the appellant's factum to Sept\11\1992,, McL | |
| 1992-09-09 | Proof of service, 1 copy of factum, with service | |
| 1992-09-09 | Response to motion to extend time, to file the appellant's factum to Sept. 11/92 | Her Majesty the Queen |
| 1992-09-09 | Affidavit, to file the factum to Sept. 11/92; Shaun Nakatsuru | Barry Gerald Griffith |
| 1992-09-09 | Motion to extend time, to file the factum to Sept. 11/92 | Barry Gerald Griffith |
| 1992-09-03 | Appellant's factum, 23 copies | Barry Gerald Griffith |
| 1992-05-22 | Certified casebook, 1 copy of vols. 1 to 11 (joint with 22366), with service | Barry Gerald Griffith |
| 1992-05-15 | Case on appeal, 23 copies of vols. 1 to 11 (joint with 22366) | Barry Gerald Griffith |
| 1992-04-06 | Correspondence (sent by the Court) to, (by fax) from Clayton C. Ruby; re: Case on appeal should be completed and filed in the next couple of weeks and that the appellant's factum should be completed by the end of May | |
| 1992-04-06 | Correspondence (sent by the Court) to, (by fax) from Gold & Fuerst; re: that this case should be heard with 22366 Bevan | |
| 1991-12-19 | Close file on Leave | |
| 1991-11-28 | General proceeding, Supplemental Notice of Appeal, with service | Barry Gerald Griffith |
| 1991-11-14 | Notice of deposit of judgment issued to all parties, Shore, Davis & Perkins-McVey (Ottawa,ON) | |
| 1991-11-14 | Notice of deposit of judgment issued to all parties, Soloway, Wright, Houston (Ottawa,ON) | |
| 1991-11-14 |
Judgment of the Court on the application for leave to appeal, LaF Co St, The application for leave to appeal is granted, only in respect of the ground set forth in paragraph 18 of the application, namely: Did the Ontario Court of Appeal err in finding that it was permissible to file a written letter by Dietrich as an exhibit to go to the Jury? Granted, no order as to costs |
|
| 1991-11-14 | Hearing of the application for leave to appeal, 1991-11-14, LaF Co St | |
| 1991-11-14 | All materials on application for leave submitted to the Judges, 1991-11-14, LaF Co St | |
| 1991-10-21 | Order on motion to extend time | |
| 1991-10-15 | General proceeding, 5 copies of transcripts | Her Majesty the Queen |
| 1991-10-09 |
Decision on motion to extend time, to serve and file the respondent's memorandum or argument to Oct\11\1991,, Ia Granted, no order as to costs |
|
| 1991-10-09 | Hearing of motion to extend time, 1991-10-09, to serve and file the respondent's memorandum or argument to Oct\11\1991,, Ia | |
| 1991-10-09 | Submission of motion to extend time, 1991-10-09, to serve and file the respondent's memorandum or argument to Oct\11\1991,, Ia | |
| 1991-10-07 | Respondent's response on the application for leave to appeal, 5 copies | Her Majesty the Queen |
| 1991-10-07 | Response to motion to extend time, to serve and file the respondent's response to Oct. 11\91 | Barry Gerald Griffith |
| 1991-10-07 | Affidavit, to serve and file the response; David Paul Finley, with service | Her Majesty the Queen |
| 1991-10-07 | Motion to extend time, to serve and file the response to Oct. 11\91, with service | Her Majesty the Queen |
| 1991-09-23 | All materials on application for leave submitted to the Judges, LaF Co St | |
| 1991-08-23 | Order on motion to extend the time to file and/or serve the leave application, With service | |
| 1991-08-14 |
Decision on motion to extend time to file and /or serve the leave application, to Aug/17/91, McL Granted, no order as to costs |
|
| 1991-08-14 | Hearing of motion to extend time to file and/ or serve the leave application, 1991-08-14, to Aug/17/91, McL | |
| 1991-08-14 | Submission of motion to extend time to file and/ or serve the leave application, 1991-08-14, to Aug/17/91, McL | |
| 1991-08-13 | Response to the motion to extend the time to file and / or serve the leave application, to August 7, 1991 | Her Majesty the Queen |
| 1991-08-07 | Application for leave to appeal, 5 copies, with service, Completed on: 1991-08-07 | Barry Gerald Griffith |
| 1991-08-07 | Affidavit, to August 7, 1991; Shaun Nakatsuru, with service | Barry Gerald Griffith |
| 1991-08-07 | Motion to extend the time to file and or serve the application for leave to appeal, to August 7, 1991, with service | Barry Gerald Griffith |
| 1991-04-12 | Correspondence received from, sent to Shore, Davis & Perkins-McVey (Ott,ON) enclosing receipt for $30 filing fee. | |
| 1991-04-09 | Notice of appeal, 2 copies (original), with service | Barry Gerald Griffith |
| 1991-04-08 | $30.00 filing fee, receipt #19405 | Barry Gerald Griffith |
| 1991-04-08 | Notice of appeal, (fax copy) | Barry Gerald Griffith |
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 |
|---|---|---|
| Griffith, Barry Gerald | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Griffith, Barry Gerald
Counsel
11 Prince Arthur Ave
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Agent
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Her Majesty the Queen
Counsel
Scott C. Hutchison
720 BAY ST
10TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2220
FAX: (416) 326-4656
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
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
Supreme Court of Ontario
Not available
Convictions before judge and jury of second degree murder
Court of Appeal for Ontario
Not available
Appeals 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