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22804

Robert Wallace Wiley v. Her Majesty the Queen

(British Columbia) (Criminal) (As of Right)

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)
1997-09-09 Appeal closed
1994-07-11 Correspondence (sent by the Court) to, sent to Court of Appeal of BC enclosing their records
1993-10-14 Copy of formal judgment being prepared, Attorney General of Canada (Ottawa, ON)
1993-10-14 Copy of formal judgment being prepared, Hughes & Hughes (Ottawa, ON)
1993-10-14 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1993-10-12 Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver)
1993-09-30 Judgment on the appeal rendered, CJ LaF So G Co McL Ia, The appeal is dismissed.
Dismissed, no order as to costs
1993-09-30 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1993-09-30 Notice of deposit of judgment sent to all parties, Hughes & Hughes (Ottawa, ON)
1993-09-30 Notice of deposit of judgment sent to all parties, Attorney General of Canada (Ottawa, ON)
1993-07-28 Correspondence (sent by the Court) to, of Robert J. Frater dated July 27, 1993 along with 2 unreported decisions of the B.C. Court of Appeal in "R. v. McNeil" and "R. v. Blinch", a letter of David Frankel dated July 16, 1993 and a letter of David Rosenberg dated July 23, 1993 sent to CJ LaF So
1992-12-21 Correspondence (sent by the Court) to
1992-11-16 General proceeding, (transcripts received and distributed to the judges - 127 pages)
1992-11-05 Appeal court record, (accordeon)
1992-11-05 Hearing of the appeal, 1992-11-05, CJ LaF So G Co McL Ia
Decision reserved
1992-11-04 Book of authorities, 10 copies of supplementary unreported and additional authorities (distributed to CJ, LaF, So, G, Co, McL, I, 92/11/04), with service Robert Wallace Wiley
1992-11-04 General proceeding, 24 copies of reply to the intervener's factum (distributed to CJ, LaF, So, G, Co, McL, I, 92/11/04), with service Her Majesty the Queen
1992-11-03 General proceeding, To Note, memorandum from Claude Alain Re: copies of Appellant's supplemental factum and unreported and additional authorites (scheduled to be heard November 05, 1992), and by Order dated August 19, 92, Mr. Justice Cory granted Appellant the right to file
1992-11-03 General proceeding, by fax from the appellant, Mr. Greg Cranston advising us that he will take 45 minutes for oral submission and 20 minutes in reply Robert Wallace Wiley
1992-11-03 Intervener's factum, 24 copies, with service David Angelo Grant
1992-11-02 Decision on the motion for leave to intervene, CJ, "The motion for leave to intervene is granted, on the following basis. 1)the applicant intervener will file no later than Nov/03/1992 at 5:00pm., his factum and have a copy in the hands of the respondent by that time. 2)the applicant Intervener will be granted no more than 15 minutes of oral argument and Respondent may then apply for extension of her time, but no longer than 15 minutes; 3)Respondent will be afforded 15 days as of the case to file a reply factum if the respondent so wishes.
Granted, no order as to costs
1992-11-02 Hearing of motion for leave to intervene, 1992-11-02, CJ
1992-11-02 Submission of motion for leave to intervene, 1992-11-02, CJ
1992-11-02 Proof of service, of supplementary factum upon the intervener Grant
1992-11-02 Book of authorities, 10 copies (unreported and additional), with service Robert Wallace Wiley
1992-11-02 Supplemental factum, 24 copies, with service Robert Wallace Wiley
1992-10-30 Affidavit, Eduard J. Van Bemmel, with service David Angelo Grant
1992-10-30 Motion for leave to intervene, With service David Angelo Grant
1992-10-30 Response to the motion for leave to intervene, of Grant Robert Wallace Wiley
1992-10-29 Appeal court record, (with trial records - 1 envelope)
1992-10-29 Trial court record, (with appeal records - 1 envelope)
1992-10-29 Decision on motion to adjourn the hearing of the appeal, CJ
Dismissed, no order as to costs
1992-10-29 Hearing of motion to adjourn the hearing of the appeal, 1992-10-29, CJ
1992-10-29 Submission of motion to adjourn the hearing of the appeal, 1992-10-29, CJ
1992-10-27 Affidavit, SUPPLEMENTARY (of Carol Lemay sworn October 27, 1992), with service Robert Wallace Wiley
1992-10-27 Book of authorities, 10 copies of additional, with service Her Majesty the Queen
1992-10-26 Affidavit, (of Carol Lemay sworn October 26, 1992) to be heard with R. v. Grant (2 copies in Motion Record), with service Robert Wallace Wiley
1992-10-26 Motion to adjourn the hearing of the appeal, to be heard with R. v. Grant in January 1993 (2 copies in Motion Record), with service Robert Wallace Wiley
1992-10-09 Correspondence (sent by the Court) to, from S. David Frankel, Q.C.; re: decision in Regina v. Grant (June 2, 1992) can be found at (1992), 73 C.C.C. (3d) 315
1992-10-09 General proceeding, memorandum of Claude E. Alain Re: letter dated Oct 06/92 from Mr. S. David Frankel, Q.C., counsel for respondent distributed to Justices La LaF So G Co McL I.
1992-09-30 Appeal hearing scheduled, 1992-11-05
Decision reserved
1992-08-19 Notice of cross appeal, With service Her Majesty the Queen
1992-08-19 Decision on motion to extend time, Co, to serve and file on the appellant a notice of the respondent's intention to seek to vary the reasons given for the disposition of the matter by the Court of Appeal for British Columbia to the 19th of August 1992. As well the appellant is granted leave to file a reply factum limited to 20 pages if he is so advised.
Granted, no order as to costs
1992-08-19 Hearing of motion to extend time, 1992-08-19, Co
1992-08-19 Submission of motion to extend time, 1992-08-19, Co
1992-08-18 Decision on motion to extend time, to serve and file the case on appeal and the appellant's factum to Jun\19\1992., Co
Granted, no order as to costs
1992-08-18 Hearing of motion to extend time, 1992-08-18, to serve and file the case on appeal and the appellant's factum to Jun\19\1992., Co
1992-08-18 Submission of motion to extend time, 1992-08-18, to serve and file the case on appeal and the appellant's factum to Jun\19\1992., Co
1992-08-14 Respondent's factum, 24 copies, with service Her Majesty the Queen
1992-08-14 Response to motion to extend time, to file and serve the Case on Appeal and the Appellant's factum to June 19, 1992 Her Majesty the Queen
1992-08-14 Affidavit, to file and serve the Case on Appeal and the Appellant's factum (of Gregory Charles Cranston) Robert Wallace Wiley
1992-08-14 Motion to extend time, to file and serve the Case on Appeal and the Appellant's factum to June 19, 1992 Robert Wallace Wiley
1992-08-13 Affidavit, to file a notice of cross-appeal; 2 copies; S. David Frankel, Q.C., with service Her Majesty the Queen
1992-08-13 Motion to extend time, to file a notice of cross-appeal; 2 copies, with service Her Majesty the Queen
1992-08-10 Appeal perfected for hearing, Session beginning on 1992-10-05
1992-06-19 Certified casebook, With service Robert Wallace Wiley
1992-06-19 Case on appeal, 23 copies (extension of time requested) Robert Wallace Wiley
1992-06-19 Correspondence (sent by the Court) to, of Rob Frater advising the Court that this case and Plant v. R. (22606) will involve examination of the effects of the Court's decision in R. v. Kekesch. Accordingly, the Court may wish to consider whether the matters ought to be heard together
1992-06-19 Appellant's factum, 24 copies (extension of time requested), with service Robert Wallace Wiley
1992-05-27 Service, copy of the CASE ON APPEAL
1992-05-26 Discontinuance of motion to dismiss the appeal for want of prosecution, With service Her Majesty the Queen
1992-05-21 Affidavit, S. David Frankel, Q.C., with service Her Majesty the Queen
1992-05-21 Motion to dismiss the appeal for want of prosecution, 2 copies, with service Her Majesty the Queen
1992-01-20 Affidavit, of service of the notice of appeal (served on Jan. 9th, 1992) Robert Wallace Wiley
1992-01-10 $30.00 filing fee, #23764 Robert Wallace Wiley
1992-01-10 Notice of appeal, With service Robert Wallace Wiley

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
Wiley, Robert Wallace Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Other parties

Other parties
Name Role Status
Grant, David Angelo Intervener Active

Counsel

Party: Wiley, Robert Wallace

Counsel
Names
Greg Cranston
Claire Ducluzeau
Contact information
Cranston & Company
234 ABBOTT ST
VANCOUVER, British Columbia
V6B 2K8
Telephone: (604) 688-0485
FAX: (604) 688-0201
Agent
Name
David Hughes
Contact information
Hughes & Hughes
604 - 225 METCALFE ST
Ottawa, Ontario
K2P 1P9
Telephone: (613) 563-1131
FAX: (613) 230-8297

Party: Her Majesty the Queen

Counsel
Name
S. David Frankel, Q.C.
Contact information
Attorney General of Canada
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0211
FAX: (604) 666-1599
Agent
Name
Robert J. Frater
Contact information
Attorney General of Canada
Department of Justice
284 Wellington St, 2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 957-8412

Party: Grant, David Angelo

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

January 16, 1991
Supreme Court of British Columbia

CC900718

see judgment

December 13, 1991
Court of Appeal for British Columbia (Vancouver)

CA013461

appeal allowed, acquittal set aside and 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