Case information
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22433
Nicola Colarusso v. Her Majesty the Queen
(Ontario) (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) |
|---|---|---|
| 1997-09-08 | Appeal closed | |
| 1994-02-17 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1994-02-17 | Copy of formal judgment being prepared, A.G. of Canada (Ottawa, ON) | |
| 1994-02-17 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON) | |
| 1994-02-17 | Copy of formal judgment being prepared, Shore, Davis & Perkins-McVey (Ottawa, ON) | |
| 1994-02-17 | Copy of formal judgment being prepared, Noël, Berthiaume, Aubry & Ass. (Hull, QC) | |
| 1994-02-17 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1994-02-01 | Notice of deposit of judgment issued to all parties, Noël, Berthiaume, Aubry & Ass. (Hull, QC) | |
| 1994-02-01 | Notice of deposit of judgment issued to all parties, Shore, Davis & Perkins-McVey (Ottawa, ON) | |
| 1994-02-01 | Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON) | |
| 1994-02-01 | Notice of deposit of judgment issued to all parties, A.G. of Canada (Ottawa, ON) | |
| 1994-02-01 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-01-26 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is dismissed and the conviction of the appellant at trial is confirmed. (for answers to constitutional questions please see file). Dismissed, no order as to costs |
|
| 1993-04-21 | General proceeding, transcript received and distributed to the judges (153 pages) | |
| 1993-03-30 |
Hearing of the appeal, 1993-03-30, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1993-03-30 | Order on motion to extend time, to serve and file AG New Brunswick factum to Mar\22\1993., with service | |
| 1993-03-30 | General proceeding, 1 copy of the SCC judgment in "Généreux v. R." | Nicola Colarusso |
| 1993-03-30 | Affidavit, (of Amanda Machin) 1 copy given in Court | Nicola Colarusso |
| 1993-03-29 | Respondent's argument on the motion to adduce new evidence, 10 copies, with service | Her Majesty the Queen |
| 1993-03-29 | Proof of service, of amended notice of application to introduce further evidence | |
| 1993-03-29 | Correspondence (sent by the Court) to, from Dept. of Justice advising that Michael R. Dambrot, Q.C. and Chantal Proulx will be the counsels for A.G. Canada and will argue 15 minutes | |
| 1993-03-29 | Motion to adduce new evidence, amended & affidavit of Amanda Machin. 10 copies., with service | Nicola Colarusso |
| 1993-03-26 |
Decision on motion to extend time, to serve and file the AG New Brunswick factum to March 22, 1993. Nunc pro tunc., Reg Granted, no order as to costs |
|
| 1993-03-26 | Hearing of motion to extend time, 1993-03-26, to serve and file the AG New Brunswick factum to March 22, 1993. Nunc pro tunc., Reg | |
| 1993-03-26 | Submission of motion to extend time, 1993-03-26, to serve and file the AG New Brunswick factum to March 22, 1993. Nunc pro tunc., Reg | |
| 1993-03-25 | Correspondence (sent by the Court) to, from Noel, Berthiaume advising that Monique Rousseau and Gilles Laporte will be the counsels for P.G.Q. and will argue 15 min. | |
| 1993-03-25 | Notice of withdrawal, With service | Attorney General of Saskatchewan |
| 1993-03-24 | Book of authorities, 10 copies of vols. 1 to 4, with service | Nicola Colarusso |
| 1993-03-24 | Motion to adduce new evidence, 1 copy only (9 additional copies received on March 26, 1993 at 1:00 pm) sent to CJ LaF L'HD So G Co McL I Maj, March 26, 1993, with service | Nicola Colarusso |
| 1993-03-24 | Response to the motion to adduce new evidence, of the respondent sent to CJ LaF L'HD So G Co McL I Maj, March 26, 1993 | Nicola Colarusso |
| 1993-03-24 | Affidavit, to serve and file the factum to March 22/93; Bruce Judah, with service | Attorney General of British Columbia |
| 1993-03-24 | Motion to extend time, to serve and file the factum to March 22/93, with service | Attorney General of British Columbia |
| 1993-03-22 | Intervener's factum, 25 copies extension of time requested, with service | Attorney General of New Brunswick |
| 1993-03-22 |
Decision on motion to extend time, to serve and file their factum to March 18,1993., Reg Granted, no order as to costs |
|
| 1993-03-22 | Hearing of motion to extend time, 1993-03-22, to serve and file their factum to March 18,1993., Reg | |
| 1993-03-22 | Submission of motion to extend time, 1993-03-22, to serve and file their factum to March 18,1993., Reg | |
| 1993-03-22 | Motion to adduce new evidence, 10 copies RETURNABLE MARCH 30, 1993 (distributed to the justices on March 23, 1993), with service | Her Majesty the Queen |
| 1993-03-18 | Response to motion to extend time, to file the A.G. of Canada factum to March 18, 1993 | Her Majesty the Queen |
| 1993-03-18 | Response to motion to extend time, to file the A.G. of Canada factum to March 18, 1993 | Nicola Colarusso |
| 1993-03-18 | Affidavit, to file the intervener's factum to March 18, 1993 (of Chantal Proulx) | Attorney General of Canada |
| 1993-03-18 | Motion to extend time, to file the intervener's factum to March 18, 1993, with service | Attorney General of Canada |
| 1993-03-18 | Intervener's factum, 25 copies, with service | Attorney General of Canada |
| 1993-03-12 | Intervener's factum, 24 copies (extension of time requested), with service | Attorney General of Quebec |
| 1993-03-10 | Notice of withdrawal, With service | Attorney General of British Columbia |
| 1993-03-02 |
Appeal hearing scheduled, 1993-03-30 Decision reserved |
|
| 1993-02-24 | General proceeding, pages 34 and 35 to be replaced in factum | Her Majesty the Queen |
| 1993-02-17 | Notice of withdrawal, 1 copy, with service | Attorney General of Alberta |
| 1993-02-10 |
Decision on motion to extend time, to serve and file the respondent's factum to Feb/10/1993., Reg Granted, no order as to costs |
|
| 1993-02-10 | Hearing of motion to extend time, 1993-02-10, to serve and file the respondent's factum to Feb/10/1993., Reg | |
| 1993-02-10 | Submission of motion to extend time, 1993-02-10, to serve and file the respondent's factum to Feb/10/1993., Reg | |
| 1993-02-09 | Response to motion to extend time, 1 copy | Nicola Colarusso |
| 1993-02-09 | Affidavit, 1 copy | Her Majesty the Queen |
| 1993-02-09 | Motion to extend time, 1 copy, with service | Her Majesty the Queen |
| 1993-02-09 | Respondent's factum, 24 copies, with service | Her Majesty the Queen |
| 1992-10-23 | Appeal perfected for hearing, Session beginning on 1993-01-25 | |
| 1992-09-21 | Notice of intervention respecting a constitutional question, With service | Attorney General of Canada |
| 1992-09-21 | Notice of intervention respecting a constitutional question, With service | Attorney General of Saskatchewan |
| 1992-09-21 | Notice of intervention respecting a constitutional question, With service | Attorney General of New Brunswick |
| 1992-09-21 | Proof of service, of notice of intervention | |
| 1992-09-18 | Notice of intervention respecting a constitutional question, 2 copies | Attorney General of Quebec |
| 1992-09-18 | Notice of intervention respecting a constitutional question, With service | Attorney General of British Columbia |
| 1992-09-16 | Notice of intervention respecting a constitutional question, With service | Attorney General of Alberta |
| 1992-08-28 | Appellant's factum, 24 copies (see order of 1992/08/21), with service | Nicola Colarusso |
| 1992-08-24 | Notice of constitutional question(s), With service | Nicola Colarusso |
| 1992-08-21 | Order on motion to extend time, to serve and file the Appellant's factum., with service | |
| 1992-08-21 | Order on motion to state a constitutional question, With service | |
| 1992-08-21 | Order on motion to extend time, to set Constitutional Questions to Aug\14\1992, with service | |
| 1992-08-17 |
Decision on the motion to state a constitutional question, " For Constitutional Questions see file or Reg's red book #8 @ p377. Notices of interventions on behalf of all Attorneys General are to be filed no later than Sep\21\1992.", CJ Granted, no order as to costs |
|
| 1992-08-17 | Hearing of the motion to state a constitutional question, 1992-08-17, " For Constitutional Questions see file or Reg's red book #8 @ p377. Notices of interventions on behalf of all Attorneys General are to be filed no later than Sep\21\1992.", CJ | |
| 1992-08-17 | Submission of motion to state a constitutional question, 1992-08-17, " For Constitutional Questions see file or Reg's red book #8 @ p377. Notices of interventions on behalf of all Attorneys General are to be filed no later than Sep\21\1992.", CJ | |
| 1992-08-17 |
Decision on motion to extend time, to state Constitutional Questions to Aug\14\1992 and to serve and file the appellant's factum to Aug\28\1992, CJ Granted, no order as to costs |
|
| 1992-08-17 | Hearing of motion to extend time, 1992-08-17, to state Constitutional Questions to Aug\14\1992 and to serve and file the appellant's factum to Aug\28\1992, CJ | |
| 1992-08-17 | Submission of motion to extend time, 1992-08-17, to state Constitutional Questions to Aug\14\1992 and to serve and file the appellant's factum to Aug\28\1992, CJ | |
| 1992-08-12 | Response to the motion to state a constitutional question | Her Majesty the Queen |
| 1992-08-12 | Motion to state a constitutional question | Nicola Colarusso |
| 1992-07-31 | Response to motion to extend time, to state constitutional questions to Aug. 14/92 and to file the appellant's factum to Aug. 28/92 | Her Majesty the Queen |
| 1992-07-31 | Affidavit, to state constitutional questions and to file the appellant's factum; Jill Copeland, with service | Nicola Colarusso |
| 1992-07-31 | Motion to extend time, to state constitutional questions and to file the appellant's factum, with service | Nicola Colarusso |
| 1992-06-10 | Order on motion to extend time, to serve and file the case on appeal to June\01\92, with service | |
| 1992-06-05 |
Decision on motion to extend time, to serve and file the Case on Appeal to June\01\92, Reg Granted, no order as to costs |
|
| 1992-06-05 | Hearing of motion to extend time, 1992-06-05, to serve and file the Case on Appeal to June\01\92, Reg | |
| 1992-06-05 | Submission of motion to extend time, 1992-06-05, to serve and file the Case on Appeal to June\01\92, Reg | |
| 1992-06-03 | Response to motion to extend time, to file the Case on Appeal to June 1st, 1992 | Her Majesty the Queen |
| 1992-06-01 | Affidavit, to file the Case on Appeal (of Meredith Cartwright ) | Nicola Colarusso |
| 1992-06-01 | Motion to extend time, to file the Case on Appeal to June 1st, 1992 | Nicola Colarusso |
| 1992-06-01 | Case on appeal, 24 copies of vol. I to IV, with service | Nicola Colarusso |
| 1992-03-30 | Correspondence (sent by the Court) to, of Meredith Cartwright (Ruby & Edwardh) sent to the Brampton Court House re lower Court records | |
| 1992-01-08 | Notice of appeal, AMENDED, with service | Nicola Colarusso |
| 1992-01-08 | Notice of change of counsel, formerly represented by Sidney Lovas to appoint Clayton C. Ruby, with service | Nicola Colarusso |
| 1992-01-06 | Close file on Leave | |
| 1991-12-13 | Notice of appeal | Nicola Colarusso |
| 1991-11-14 | Notice of deposit of judgment issued to all parties, Sidney I. Lovas (Toronto,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, CJ So McL, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1991-11-14 | Hearing of the application for leave to appeal, 1991-11-14, CJ So McL | |
| 1991-11-14 | All materials on application for leave submitted to the Judges, 1991-11-14, CJ So McL | |
| 1991-07-29 | All materials on application for leave submitted to the Judges, CJ So McL | |
| 1991-07-26 | General proceeding, 5 copies of amended p. 23 of application | Nicola Colarusso |
| 1991-07-26 | Application for leave to appeal, as proof of service and C/A order filed, Completed on: 1991-07-26 | |
| 1991-07-26 | General proceeding, 5 copies of C/A order | Nicola Colarusso |
| 1991-07-26 | Affidavit, of service of application for leave | Nicola Colarusso |
| 1991-07-02 | Correspondence received from, sent to Sidney I. Lovas (Toronto,ON) advising that material does not comply with the Court's rules as proof of service, formal order of Court of Appeal and one more set of appeal books and transcripts missing. | |
| 1991-06-28 | Respondent's response on the application for leave to appeal, 5 copies, with service | Her Majesty the Queen |
| 1991-06-10 | Court of Appeal casebooks and transcripts of evidence, 2 sets of 8 volumes | |
| 1991-06-10 | Application for leave to appeal, 5 copies (proof of service & C/A order missing + 1 set of appeal books), Incomplete | Nicola Colarusso |
| 1991-05-22 | Order on motion to extend the time to file and/or serve the leave application, With service | |
| 1991-05-13 |
Decision on motion to extend time to file and /or serve the leave application, to June/10/91, So Granted, no order as to costs |
|
| 1991-05-13 | Hearing of motion to extend time to file and/ or serve the leave application, 1991-05-13, to June/10/91, So | |
| 1991-05-13 | Submission of motion to extend time to file and/ or serve the leave application, 1991-05-13, to June/10/91, So | |
| 1991-05-10 | Correspondence received from, from Robert E. Houston, Q.C.; re: do not oppose to the application to extend time; provided that the application be filed on or before May 31\91 | Her Majesty the Queen |
| 1991-05-07 | Correspondence received from, sent to Sidney I. Lovas (Toronto,ON) enclosing receipt for $30 filing fee | |
| 1991-05-03 | Affidavit, by San Anderson 2 copies | Nicola Colarusso |
| 1991-05-03 | Motion to extend the time to file and or serve the application for leave to appeal, 2 copies, with service | Nicola Colarusso |
| 1991-05-03 | Correspondence received from, (by fax) confirming the motion to be heard May 8, 1991 | Nicola Colarusso |
| 1991-05-02 | $30.00 filing fee, #22518 | Nicola Colarusso |
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 |
|---|---|---|
| Colarusso, Nicola | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Quebec | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General of New Brunswick | Intervener | Active |
Counsel
Party: Colarusso, Nicola
Counsel
Clayton C. Ruby
Ruby & Edwardh
11 Prince Arthur Ave
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: ruby@Ruby-edwardh.com
11 Prince Arthur Ave
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: ruby@Ruby-edwardh.com
Agent
Leonard M. Shore, Q.C.
Shore, Davis
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Her Majesty the Queen
Counsel
Renee M. Pomerance
Ken Campbell
Ken Campbell
Attorney General for Ontario
10th Floor, Crown Law Office Criminal
720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4603
FAX: (416) 326-4656
10th Floor, Crown Law Office Criminal
720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4603
FAX: (416) 326-4656
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General of Quebec
Counsel
Gilles Laporte
Monique Rousseau
Monique Rousseau
Procureur général du Québec
1200 Rte de l'Église
2e Étage
Ste-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: glaporte@justice.gouv.qc.ca
1200 Rte de l'Église
2e Étage
Ste-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: glaporte@justice.gouv.qc.ca
Agent
Sylvie Roussel
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General of Canada
Counsel
Michael R. Dambrot, Q.C.
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 952-7553
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 952-7553
Party: Attorney General of New Brunswick
Counsel
Gabriel Bourgeois
Attorney General of New Brunswick
Édifice du Centenaire
C.P. 6000, Pièce 444
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-3606
FAX: (506) 453-3275
Édifice du Centenaire
C.P. 6000, Pièce 444
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-3606
FAX: (506) 453-3275
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
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
June 26, 1989
District Court of Ontario
x
District Court of Ontario
x
Convictions: criminal negligence; impaired driving causing death; impaired drivi
March 4, 1991
Court of Appeal for Ontario
Not available
Court of Appeal for Ontario
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.
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Date modified: 2025-02-27