Case information
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22549
Her Majesty the Queen v. Gregory MacMillan
(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) |
|---|---|---|
| 1997-09-09 | Close file on Leave | |
| 1992-12-30 | Copy of formal judgment on leave being prepared, Bayne, Sellar, Boxall (Ottawa,ON) | |
| 1992-12-30 | Copy of formal judgment on leave being prepared, Burke-Robertson (Ottawa,ON) | |
| 1992-12-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Ontario (Toronto) | |
| 1992-12-10 | Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa,ON) | |
| 1992-12-10 | Notice of deposit of judgment issued to all parties, Bayne, Sellar, Boxall (Ottawa,ON) | |
| 1992-12-10 |
Judgment of the Court on the application for leave to appeal, CJ McL Ia, The application for leave to appeal is dismissed. Dismissed, no order as to costs |
|
| 1992-12-10 | Hearing of the application for leave to appeal, 1992-12-10, CJ McL Ia | |
| 1992-12-10 | All materials on application for leave submitted to the Judges, 1992-12-10, CJ McL Ia | |
| 1992-07-27 | General proceeding, to note Corr. Order form C.A. for Ontario and Affidavit of David Bruce Butt sent to Justices CJ McL I. | |
| 1992-07-27 | All materials on application for leave submitted to the Judges, CJ McL I | |
| 1992-07-21 | Affidavit, of David Bruce Butt (5 copies), with service | Her Majesty the Queen |
| 1992-07-21 | Applicant's reply to respondent's argument, 5 copies, with service | Her Majesty the Queen |
| 1992-07-14 | Respondent's response on the application for leave to appeal, 5 copies, with service | Gregory MacMillan |
| 1992-06-24 |
Decision on the miscellaneous motion, to file an amended application for leave to appeal, Ia Granted, no order as to costs |
|
| 1992-06-24 | Hearing of miscellaneous motion, 1992-06-24, to file an amended application for leave to appeal, Ia | |
| 1992-06-24 | Submission of miscellaneous motion, 1992-06-24, to file an amended application for leave to appeal, Ia | |
| 1992-06-05 | Book of authorities, 5 copies, with service | Her Majesty the Queen |
| 1992-06-05 | Affidavit, to file an amended application for leave to appeal; David Bruce Butt, with service | Her Majesty the Queen |
| 1992-06-05 | Notice of miscellaneous motion, to file an amended application for leave to appeal, with service | Her Majesty the Queen |
| 1992-05-22 | Correspondence received from, from Bayne, Sellar; re: wish to cross-examine the affiants pursuant to the Order of Justice Cory dated March 5/92 | Gregory MacMillan |
| 1992-05-01 | Correspondence (sent by the Court) to, from David Butt; re: Affidavit of Gourley; reply to Donald Bayne's letter of April 23/92 | |
| 1992-04-27 | Correspondence (sent by the Court) to, from Bayne, Sellar, Boxall; re: letters received from the appellant dated March 31 and April 13 | |
| 1992-04-24 | Correspondence received from, (by fax) from Bayne, Sellar,Boxall; re: delay for the leave application | Gregory MacMillan |
| 1992-03-05 |
Decision on motion to adduce new evidence, Co, Order will go permitting the Crown to file the two affidavits on this leave to appeal application. The Order will be subject to the following conditions 1) the respondent may cross-examine the deponents of the two affidavits. 2) the Crown will produce them in Ottawa at a time and date that may be agreed upon between the parties. 3) the respond ent will be at liberty to file such material in response to the affidavits as it deems fit and are relevant to the application. 4) the respondent may the report of Gary Matthews prepared for the Attorney General and dated July 31, 1991 as part of its material on the application. Crown consents to any extension of time required as a result of this order. Granted, no order as to costs |
|
| 1992-03-05 | Hearing of the motion to adduce new evidence, 1992-03-05, Co | |
| 1992-03-05 | Submission of motion to adduce new evidence, 1992-03-05, Co | |
| 1992-03-04 | Respondent's argument on the motion to adduce new evidence, 2 copies, with service | Gregory MacMillan |
| 1992-03-03 | Motion to adduce new evidence | Her Majesty the Queen |
| 1992-02-27 | Motion to adduce new evidence, With service | Her Majesty the Queen |
| 1992-01-29 | Book of authorities, 6 copies | Her Majesty the Queen |
| 1992-01-29 | Correspondence (sent by the Court) to, from Donald B. Bayne; re: will not be available for the motion on admission of fresh evidence, but will be available for the March/92 motion day | |
| 1991-12-20 | Motion to adduce new evidence, With service | Her Majesty the Queen |
| 1991-12-19 |
Decision on motion to strike out, Ia, the affidavit's of Michael Gourley and Grant Goldrich and those parts of the Applicant's memorandun of Argument which refer to or rely upon those affidavits are expunged from the application for leave to appeal, without prejudice to the applicant making an application pursuant to subsection 62(3) of the Supreme Court Act relating to said affidavit evidence. Granted, no order as to costs |
|
| 1991-12-19 | Hearing of motion to strike out, 1991-12-19, Ia | |
| 1991-12-19 | Submission of motion to strike out, 1991-12-19, Ia | |
| 1991-12-13 | Application for leave to appeal, as formal order of Court of Appeal filed, Completed on: 1991-12-13 | |
| 1991-12-13 | General proceeding, formal order of court of appeal filed | Her Majesty the Queen |
| 1991-12-12 | Affidavit, the affidavits of Michael Gourley and Grant Goldrich; 2 copies; Norman D. Boxall, with service | Gregory MacMillan |
| 1991-12-12 | Motion to strike out, the Affidavits of Michael Gourley and Grant Goldrich; 2 copies, with service | Gregory MacMillan |
| 1991-12-06 | Correspondence received from, from Donald B. Bayne; original received by fax on Dec. 5/91 | Gregory MacMillan |
| 1991-12-05 | Correspondence received from, (by fax) of Donald B. Bayne re fresh evidence in application for leave and he will be making application to expunge the offending material during the week commencing December 16, 1991 | Gregory MacMillan |
| 1991-11-25 | Correspondence received from, fr. Robert Houston to Bayne, Sellers re: material is in accordance with rules | Her Majesty the Queen |
| 1991-11-15 | Correspondence received from, of Donald B. Bayne (2 pages) indicating that the applicant had included in his application affidavits of Gourley and Goldrich which are fresh evidence and if he doesn't file an application to file fresh evidence, the respondent will move to strike the exi | Gregory MacMillan |
| 1991-11-13 | General proceeding, to note C/A order (5 copies) | Her Majesty the Queen |
| 1991-11-12 | General proceeding, (TO NOTE) phone conversation with Don Bayne re: possibly new evidence included in leave application | |
| 1991-11-06 | Correspondence received from, sent to Soloway, Wright (Ottawa,ON) acknowledging receipt of application for leave. Regret to advise that material does not comply with the Court's requirements as formal order of Court of Appeal missing. Application for leave will not be referred until | |
| 1991-10-30 | Application for leave to appeal, 5 copies (missing formal trial & appeal Court judgments, material in random & not chronological order), with service 10 copies of an additional Applicant's Memorandum of Argument, with service 5 copies (see Order of Iacobucci, J. dated June 24/92), with s, Completed on: 1992-06-05 | Her Majesty the Queen |
| 1991-07-23 | $30.00 filing fee, #22957 | Her Majesty the Queen |
| 1991-07-23 | Notice of application for leave to appeal, With service | 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
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| MacMillan, Gregory | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
David Butt
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: MacMillan, Gregory
Counsel
500 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 236-0535
FAX: (613) 236-6958
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.
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Lower court rulings
Provincial Court of Ontario
Not available
Stay of charges of dangerous driving causing death.
Court of Appeal for Ontario
C.A. #57/91
Apeal 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
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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
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