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22890

Darrell Peter Atlay v. Regina

(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)
1995-03-07 Appeal closed
1995-03-07 Close file on Leave
1993-08-18 Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON)
1993-08-18 Copy of formal judgment being prepared, Darrell Peter Atlay (North Vancouver, BC)
1993-08-17 Copy of formal judgment being prepared, Court of Appeal of British Columbia
1993-06-17 Decision on motion for an order that the appeal be deemed abandoned, The appeal is Quashed as an abandonned appeal., CJ L'HD So McL Ia
Granted, no order as to costs
1993-06-07 Correspondence (sent by the Court) to, Re: Request for video conferencing (show cause) sent to CJ L'HD So McL I, June 14/93
1993-06-07 Submission of motion for an order that the appeal be deemed abandonned, 1993-06-06, CJ L'HD So McL Ia
Decision reserved
1993-06-06 Hearing of motion for an order that the appeal be deemed abandoned, 1993-06-06, CJ L'HD So McL Ia
Decision reserved
1993-06-01 Correspondence (sent by the Court) to, sent to Darrell Peter Atlay from A. Roland, c.c. W.G. Burke-Robertson, to show cause on June 16/93 at 9:15 a.m.
1993-06-01 Correspondence (sent by the Court) to, sent to Darrell Peter Atlay from B. Kincaid, enclosing a sample of a motion requesting an order that an appeal not be deemed abandoned, c.c. W.G. Burke-Robertson
1993-04-26 Correspondence (sent by the Court) to, sent to Burke-Robertson (Ottawa, ON) re: Rule 32 enclosed
1993-03-23 Motion for an order that the appeal be deemed abandoned, (Fictitious), Completed on: 1993-03-23 Regina
1993-03-23 Show cause requested by the Court, to Mr Darrell P. Atlay to appear and give cause on April 6, 1993 at 9:30am.
1993-03-23 Correspondence (sent by the Court) to, sent to Darrell Peter Atlay (Powell River, BC) re: required to appear before the Court on April 6, 1993, 10:00 to show cause
1992-09-28 Correspondence (sent by the Court) to, sent to Mr. Darrell Atlay (Powell River,BC) Re: your appearing on your own behalf, forwarded copies of a case on appeal and factum on appeal, to serve as a model, as well, rules relevant on appeals. Extension of time needed as your time limit has expired
1992-08-21 Correspondence (sent by the Court) to, sent to Mr. Darrell Atlay (Powell River, B.C.) re: Appointment of counsel in the referenced matter was dismissed by judgment August 19/92.
1992-08-19 Decision on miscellaneous motion, McL, to appoint counsel. I would dismiss the application. Having regard to all relevant consideratons, including the fact that the accused has served his sentence, it is not in my opinion desirable in the interests of justice that the accused should have legal assistance as required by section 694.1(1) of the Criminal Code.
Dismissed, no order as to costs
1992-08-19 Hearing of miscellaneous motion, 1992-08-19, McL
1992-08-19 Submission of miscellaneous motion, 1992-08-19, McL
1992-08-19 Hearing of miscellaneous motion, 1992-08-19, to appoint counsel
Decision reserved
1992-08-19 Submission of miscellaneous motion, 1992-08-19, to appoint counsel
Decision reserved
1992-08-18 Correspondence (sent by the Court) to, sent to Mr. Michael L. Phelan of Osler, Hoskin & Harcourt (Ottawa,ON) re: received letter dated August 10/92 confirming you are willing to represent Mr. Atlay. You will be contacted by Mr. Larmour as to the time and date for the hearing of the motion. (Co
1992-08-11 Affidavit, of William F. Ehrcke along with a copy of the Court of Appeal reasons, with service Regina
1992-07-29 Correspondence (sent by the Court) to, sent to Mr. Michael L. Phelan from Barb Kincaid (Senior Legal Counsel) re: Crown opposes Mr. Atlay's application for the appointment of counsel in the above noted appeal. enclosing copy of a letter sent to Mr. Atlay, which outlines the possible methods o
1992-07-29 Correspondence (sent by the Court) to, sent to Mr. Darrell Atlay from Barb Kincaid (Senior Legal Counsel) re: Respondent Crown opposes your application for the appointment of counsel in the above appeal. Mr. Phelan has been contacted and has been advised of the Crown's position.
1992-07-27 Proof of service, (letterform) of the notice of motion for appointment of counsel together with supporting affidavit (from Burke-Robertson)
1992-07-17 Correspondence received from, of Nadia Loreti to Mr. Phelan to assure him that we have received his letter dated July 13, 1992 confirming that he is willing, if appointed, to represent Mr. Atlay in this matter.
1992-07-13 Correspondence received from, of Michael L. Phelan to confirm that he would be pleased to act as counsel pursuant to Mr. Atlay's motion Darrell Peter Atlay
1992-07-10 Correspondence received from, of Barb Kincaid to Mr. Atlay to confirm receipt of 2 copies of a notice of motion to appoint counsel filed on July 9, 1992. A copy to the Crown's agent has been forwarded to accept service and to get confirmation on Crown's position on the motion itself.
1992-07-10 Correspondence received from, of Barb Kincaid to Mr. Burke-Robertson enclosing a copy of a notice of appointment of counsel along with the supporting affidavit. We would appreciate confirmation of service and client's position. A written confirmation has been requested from Mr. Phelan
1992-07-09 Affidavit, (of Darrell Atlay) to appoint counsel namely Mike Phelan (2 copies) Darrell Peter Atlay
1992-07-09 Notice of miscellaneous motion, to appoint counsel namely Mike Phelan of the city of Ottawa (2 copies) Darrell Peter Atlay
1992-04-06 Correspondence (sent by the Court) to, from B. Kincaid sent to Mr. Darrell Atlay (Re: Deadlines he faces. His next deadline is the filing of the case on appeal which must be done within three months of the filing of the Notice of Appeal. Information regarding appointment of counsel enclosed.
1992-03-20 Order on motion to extend time to serve and/or file notice of appeal
1992-03-18 Decision on motion to extend time to serve and/or file notice of appeal, to Mar\06\1992, nunc pro tunc, G
Granted, no order as to costs
1992-03-18 Hearing of motion to extend time to serve and/or file notice of appeal, 1992-03-18, to Mar\06\1992, nunc pro tunc, G
1992-03-18 Submission of motion to extend time to serve and/or file notice of appeal submitted, 1992-03-18, to Mar\06\1992, nunc pro tunc, G
1992-03-17 Correspondence received from, from W.G. Burke-Robertson; re: takes no position to the extension of time for the application for leave to appeal Regina
1992-03-10 Affidavit, to March 6/92; G.D. McKinnon, with service Darrell Peter Atlay
1992-03-10 Motion to extend the time to serve and/or file the notice of appeal, to March 6/92, with service Darrell Peter Atlay
1992-03-06 $30.00 filing fee, receipt #25131 Darrell Peter Atlay
1992-03-06 Notice of appeal, 2 copies, with service Darrell Peter Atlay

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
Atlay, Darrell Peter Applicant Active

v.

Main parties - Respondents
Name Role Status
Regina Respondent Active

Counsel

Party: Atlay, Darrell Peter

This party is not represented by counsel.

Party: Regina

Agent
W.G. Burke-Robertson, Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Summary

Keywords

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Summary

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Lower court rulings

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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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Downloadable PDFs

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Factums on appeal

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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

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Date modified: 2025-02-27