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.
22771
Walter Francis Gillespie v. Her Majesty the Queen
(New Brunswick) (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 | |
| 1996-03-25 | Certificate of taxation issued to, A. Codina (Tor., Ont.) | |
| 1996-03-25 | $50.00 filing fee for a bill of costs for taxation, receipt #31776 | Walter Francis Gillespie |
| 1996-03-06 | Decision on the bill of costs, by the Registrar at $1595.06 | |
| 1996-02-16 | General proceeding, 2 copies of response to the taxation, with service | Her Majesty the Queen |
| 1996-02-08 | Affidavit, of Angie Codina in support of the Bill of Costs, with service | Walter Francis Gillespie |
| 1994-04-22 |
Decision on the miscellaneous motion, for an order setting aside the order of McLachlin J. appointing Angie Codina (for reasons see file), McL Dismissed, no order as to costs |
|
| 1994-04-22 | Hearing of miscellaneous motion, 1994-04-22, for an order setting aside the order of McLachlin J. appointing Angie Codina (for reasons see file), McL | |
| 1994-04-22 | Submission of miscellaneous motion, 1994-04-22, for an order setting aside the order of McLachlin J. appointing Angie Codina (for reasons see file), McL | |
| 1994-04-20 | Proof of service, of Supplementary motion material | |
| 1994-04-19 | General proceeding, (MATERIALS ON REVIEW AND RECONSIDERATION REFERRED TO McLACHLIN J. TODAY TO BE DEALT WITH IN WRITING) | |
| 1994-04-14 | General proceeding, to note 2 copies of Memorandum of Argument on supplementary motion for reconsideration | Her Majesty the Queen |
| 1994-04-14 | General proceeding, to note supplementary material for reconsideration 2 copies (bookform) | Her Majesty the Queen |
| 1994-04-11 | Correspondence received from, (by fax) from Henry S. Brown; re: reply to Ms. Codina's letter of April 6/94 | Her Majesty the Queen |
| 1994-04-07 |
Decision on the miscellaneous motion, for an order granting a review and reconsideration of the Order of March 18, 1994,, McL Granted, no order as to costs |
|
| 1994-04-07 | Hearing of miscellaneous motion, 1994-04-07, for an order granting a review and reconsideration of the Order of March 18, 1994,, McL | |
| 1994-04-07 | Submission of miscellaneous motion, 1994-04-07, for an order granting a review and reconsideration of the Order of March 18, 1994,, McL | |
| 1994-04-07 | General proceeding, (MOTION FOR AN ORDER GRANTING A REVIEW AND RECONSIDERATION REFERRED TO McLACHLIN J. TODAY TO BE DEALT WITH IN WRITING) | |
| 1994-04-07 | Correspondence received from, (by fax) from Angie Codina; re: it was always a matter of record that Mr. Gillespie had privately retained other counsel sent to McL, Apr 7/94 | Walter Francis Gillespie |
| 1994-03-31 | Correspondence received from, (by fax) from Gowling; re: did receive by fax the Affidavit of Ms. Codina; replying to the Affidavit | Walter Francis Gillespie |
| 1994-03-29 | Affidavit, of Angie Codina in opposition to the motion to reconsider the order of May 27 sent to McL, April 7/94, with service | Walter Francis Gillespie |
| 1994-03-25 | Affidavit, for an order granting a review and reconsideration of the order of March 18/94; 2 copies; Eduard J. Van Bemmel | Her Majesty the Queen |
| 1994-03-25 | Affidavit, for an order granting a review and reconsideration of the order of March 18/94; 2 copies; Robert Murray | Her Majesty the Queen |
| 1994-03-25 | Notice of miscellaneous motion, for an order granting a review and reconsideration of the Order of March 18/94; 2 copies | Her Majesty the Queen |
| 1994-03-18 |
Decision on the miscellaneous motion, for an order setting aside the order of McLachlin J. dated May 27/92, appointing Angie Codina as counsel pursuant to the provisions of s. 694.1 of the Criminal Code (dealt with on basis of written submission), McL Dismissed, no order as to costs |
|
| 1994-03-18 | Hearing of miscellaneous motion, 1994-03-18, for an order setting aside the order of McLachlin J. dated May 27/92, appointing Angie Codina as counsel pursuant to the provisions of s. 694.1 of the Criminal Code (dealt with on basis of written submission), McL | |
| 1994-03-18 | Submission of miscellaneous motion, 1994-03-18, for an order setting aside the order of McLachlin J. dated May 27/92, appointing Angie Codina as counsel pursuant to the provisions of s. 694.1 of the Criminal Code (dealt with on basis of written submission), McL | |
| 1994-03-04 | Affidavit, of Angie Codina in opposition to the motion of the respondent to set aside the order of McLachlin, J. | Walter Francis Gillespie |
| 1994-03-02 | General proceeding, Respondent's motion material on motion to set aside McLachlin, J.'s order sent to McL Mar 16/94, with service | Her Majesty the Queen |
| 1994-03-02 | Notice of miscellaneous motion, for an order setting aside the order of McLachlin J. appointing Angie Codina sent to McL, Mar 16/94, with service | Her Majesty the Queen |
| 1994-02-08 | Copy of formal judgment on leave being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-02-08 | Copy of formal judgment on leave being prepared, Shore, Davis & Perkins-McVey (Ottawa, ON) | |
| 1994-02-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, New Brunswick (Fredericton) | |
| 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, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-01-27 |
Judgment of the Court on the application for leave to appeal, L'HD G McL, The application for leave to appeal is dismissed. Dismissed, without costs |
|
| 1994-01-27 | Hearing of the application for leave to appeal, 1994-01-27, L'HD G McL | |
| 1994-01-27 | All materials on application for leave submitted to the Judges, 1994-01-27, L'HD G McL | |
| 1994-01-25 | Respondent's response on the application for leave to appeal, 5 copies (extension granted on Jan. 18, 1994) sent to LaF L'HD So Co McL, Jan 25/94, with service | Her Majesty the Queen |
| 1994-01-18 | All materials on application for leave submitted to the Judges, LaF L'HD So Co McL (revised Jan. 21/94), with memo of Claude Alain | |
| 1994-01-18 | Order on motion to extend time, to serve & file a response to Feb 9/94 | |
| 1994-01-18 |
Decision on motion to extend time, to serve and file a response to Feb 9/94, DeRg Granted, no order as to costs |
|
| 1994-01-18 | Hearing of motion to extend time, 1994-01-18, to serve and file a response to Feb 9/94, DeRg | |
| 1994-01-18 | Submission of motion to extend time, 1994-01-18, to serve and file a response to Feb 9/94, DeRg | |
| 1994-01-17 | Application for leave to appeal, With service, Completed on: 1994-01-17 | |
| 1994-01-17 | Order on motion to extend the time to file and/or serve the leave application | |
| 1994-01-17 | Response to motion to extend time, to file the respondent's memorandum (Shore, Davis) 1 copy | Walter Francis Gillespie |
| 1994-01-14 | Affidavit, to file the respondent's memorandum to Feb. 9, 94 (Henry S. Brown) - 1 copy, with service | Her Majesty the Queen |
| 1994-01-14 | Motion to extend time, to file the respondent's memorandum to Feb. 9, 94 (1 copy), with service | Her Majesty the Queen |
| 1994-01-11 | Correspondence received from, fr. Henry Brown re: will be filing a response by Feb. 8/94 and seeking an extension | Her Majesty the Queen |
| 1994-01-07 |
Decision on motion to extend time to file and /or serve the leave application, LaF Traversed, no order as to costs |
|
| 1994-01-07 | Decision on motion to extend time to file and /or serve the leave application | |
| 1993-11-24 | Correspondence received from, sent to Shore, Davis & Perkins-McVey (Ottawa, ON) re: receipt of application for L/A | |
| 1993-11-24 | Correspondence received from, of Henry S. Brown (Gowling, Strathy & Henderson) along with the transcript of the Trial in this case | Her Majesty the Queen |
| 1993-11-23 |
Hearing of motion to extend time to file and/ or serve the leave application, 1993-11-23, LaF Decision reserved |
|
| 1993-11-23 |
Submission of motion to extend time to file and/ or serve the leave application, 1993-11-23, LaF Decision reserved |
|
| 1993-11-23 | Application for leave to appeal, 5 copies (missing formal order of C.A.), with service, Incomplete | Walter Francis Gillespie |
| 1993-11-19 | Affidavit, of Angie Codina explaining delai (requested by the Court) | Walter Francis Gillespie |
| 1993-11-19 | Affidavit, of Walter Gillespie explaining delai (requested by the Court) | Walter Francis Gillespie |
| 1993-11-04 |
Decision on motion to extend time to file and /or serve the leave application, to allow counsel for applicant to file affidavit explaining delay and perhaps on points of exhibits, with service Traversed, no order as to costs |
|
| 1993-11-04 |
Hearing of motion to extend time to file and/ or serve the leave application, 1993-11-04, to allow counsel for applicant to file affidavit explaining delay and perhaps on points of exhibits, with service Adjourned |
|
| 1993-11-04 |
Submission of motion to extend time to file and/ or serve the leave application, 1993-11-04, to allow counsel for applicant to file affidavit explaining delay and perhaps on points of exhibits, with service Adjourned |
|
| 1993-11-03 | Affidavit, of James R. McAvity | Her Majesty the Queen |
| 1993-10-28 | Order on miscellaneous motion, re: appointment of counsel (Angie Codina) | |
| 1993-10-27 | Affidavit, Angie Codina, with service | Walter Francis Gillespie |
| 1993-10-27 | Motion to extend the time to file and or serve the application for leave to appeal, With service | Walter Francis Gillespie |
| 1993-10-05 | Proof of service, for Angie Codina (Toronto, ON) | |
| 1993-10-04 | Proof of service, for A.G. for N.B. (Saint John, NB) | |
| 1993-09-30 | Correspondence received from, sent to A.G. for N.B. (Saint John, NB) from A. Roland (DOUBLE REGISTERED) enclosing a Notice from the Registrar pursuant to Rule 25, c.c. Ed Van Bemmel | |
| 1993-09-30 | Correspondence received from, sent to Angie Codina (Toronto, ON) from A. Roland (DOUBLE REGISTERED) enclosing a Notice from the Registrar pursuant to Rule 25 | |
| 1992-05-27 |
Decision on the miscellaneous motion, McL, for an order to appoint counsel, Ms. Angie Codina shall be assigned; 1. It is ordered that Angie Codina, shall be assigned as counsel to act on behalf of the Applicant in this proceeding. Including for the application for leave to appeal and motion to appoint counsel. 2. It is further ordered that the legal fees and disbursements of counsel, shall be paid by the respondent, the Attorney General of New Brunswick at the rate prescribed by Schedule C of Regulation 84-122 under the Legal Aid Act, R.S.N.B., 1973, c. L-2. 3. And it is further ordered that if counsel for the applicant and the Attorney General of New Brunswick are unable to agree on the fees and disbursements of counsel, then either party may apply to the Registrar of the Court for taxation of the account. Granted, no order as to costs |
|
| 1992-05-27 | Hearing of miscellaneous motion, 1992-05-27, McL | |
| 1992-05-27 | Submission of miscellaneous motion, 1992-05-27, McL | |
| 1992-05-08 | Notice of application for leave to appeal, (by fax) | Walter Francis Gillespie |
| 1992-04-06 | Correspondence received from, of Ms. Codina dated April 2, 1992 to Ms. Terrien agreing to proceed on the basis of written submissions | Walter Francis Gillespie |
| 1992-03-26 | Correspondence received from, of Julie Terrien to Ms. Codina acknowledging receipt of filing fee and motion to appoint counsel. Once she is appointed as counsel by the Court she will be in a position to complete Mr. Gillespie's application for leave and motion to extend time | |
| 1992-03-26 | $30.00 filing fee, #19935 (given by Legal Affairs) | Walter Francis Gillespie |
| 1992-03-18 | Correspondence received from, of James R. McAvity dated March 13, 1992 to consent to an Order to appoint counsel | Her Majesty the Queen |
| 1992-01-24 | Correspondence received from, of Julie Terrien to Ms. Codina to advise of file number, to request the position of the Crown and the $30.00 filing fee payable to the Receiver General of Canada. She returns the cheque payable to the Treasurer of Ontario | |
| 1991-12-11 | Correspondence received from, of Julie Terrien to Mr. Gillespie with all the necessary informations and samples to make his application for leave to appeal | |
| 1991-11-13 | Correspondence received from, of Julie Terrien acknowledging receipt of Ms. Codina letter of Oct. 18, 1991 and requesting Crown counsel's consent to the motion. | |
| 1991-10-24 | Correspondence received from, of Angie Codina informing that she agrees to act for Mr. Gillespie in the event that the motion to have counsel is granted. | |
| 1991-10-04 | Correspondence received from, of Julie Terrien acknowledging receipt of his Notice of Motion to have counsel appointed. She advises that the material has not been prepared in accordance with the Res of the SCC. Crown's position requested in addition of $30.00 filing fee. | |
| 1991-09-19 | Affidavit, for appointment of counsel (of Walter Francis Gillespie) | Walter Francis Gillespie |
| 1991-09-19 | Notice of miscellaneous motion, for appointment of counsel, with service | Walter Francis Gillespie |
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 |
|---|---|---|
| Gillespie, Walter Francis | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Gillespie, Walter Francis
Counsel
1708 - 390 Bay St
Toronto, Ontario
M5H 2Y2
Telephone: (416) 361-1404
Agent
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Her Majesty the Queen
Counsel
CITY HALL 4TH FL
15 MARKET SQUARE
SAINT JOHN, New Brunswick
E2L 1E8
Telephone: (506) 658-2580
Agent
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
Court of Appeal of New Brunswick
x
appeal 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