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22940

Debra Marquard 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
1995-09-25 Close file on Leave
1995-02-06 Correspondence (sent by the Court) to, from Bennett, Forestell re: new address of Debra Marquard as of Feb. 4/95 - 345 Woodfield Avenue, Toronto, Ont. M4L-2W9
1994-07-21 Correspondence (sent by the Court) to, sent to Court of Appeal for ON (Toronto, ON) enclosing their record
1993-11-01 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1993-11-01 Copy of formal judgment being prepared, Shore, Davis & Perkins-McVey (Ottawa, ON)
1993-11-01 Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON)
1993-10-21 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed, the conviction is quashed and a new trial is directed, L'Heureux-Dubé J. dissenting.
Allowed, no order as to costs
1993-10-21 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON)
1993-10-21 Notice of deposit of judgment sent to all parties, Shore, Davis & Perkins-McVey (Ottawa, ON)
1993-10-15 General proceeding, to note 10 copies of a C/A of Ontario judgment in "R. v. Luke" sent to CJ LaF L'HD So G Co McL I Ma, Oct 18/93 Her Majesty the Queen
1993-10-15 Correspondence (sent by the Court) to, of Catherine A. Cooper along with 10 copies of a Ontario Court of Appeal judgment in "R. v. Luke" sent to CJ LaF L'HD So G Co McL I Ma, Oct 18/93
1993-06-15 General proceeding, SUPPLEMENTAL FACTUM re additional ground raised at the hearing of the appeal (24 copies) sent to CJ LaF L'HD So G Co McL I Maj, June 16/93, with service Her Majesty the Queen
1993-05-20 Supplemental factum, 24 copies sent to CJ LaF L'HD So G Co McL I Maj, May 20/93, with service Debra Marquard
1993-05-14 General proceeding, transcript received and distributed to the judges (125 pages)
1993-04-29 Hearing of the appeal, 1993-04-29, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1993-04-29 Decision on miscellaneous motion, to raise additional ground, CJ LaF L'HD So G Co McL Ia Ma
Granted, no order as to costs
1993-04-29 Hearing of miscellaneous motion, 1993-04-29, to raise additional ground, CJ LaF L'HD So G Co McL Ia Ma
1993-04-29 Submission of miscellaneous motion, 1993-04-29, to raise additional ground, CJ LaF L'HD So G Co McL Ia Ma
1993-04-28 General proceeding, 10 copies (RESPONDENT'S STATEMENT ON APPELLANT'S MOTION FOR LEAVE TO RAISE AN ADDITIONAL GROUND OF APPEAL) sent to CJ LaF L'HD So G Co McL I Maj, April 28, 1993, with service Her Majesty the Queen
1993-04-28 Correspondence (sent by the Court) to, by fax from Marlys Edwardh indicating that they will be abandoning two grounds in their factum, paragraphs 22 and 23 (DISTRIBUTED TO THE JUDGES)
1993-04-23 Book of authorities, 10 copies of vols. 1 to 6, with service Debra Marquard
1993-04-23 Appeal hearing scheduled, 1993-04-29
Decision reserved
1993-04-22 Order on motion to extend time, to serve and file the respondent's factum to April 21, 1993., with service
1993-04-22 Order on motion to file a lengthy factum, With service
1993-04-20 Affidavit, for an order granting leave to raise an additional ground of appeal and to file a supplementary factum; Shaun Nakatsuru; 10 copies sent to CJ LaF L'HD So G Co McL I Maj, April 21/93, with service Debra Marquard
1993-04-20 Notice of miscellaneous motion, for an order granting leave to raise an additional ground of appeal and to file a supplementary factum; 10 copies, with service Debra Marquard
1993-04-20 Respondent's factum, 24 copies (see motions of April 19, 1993), with service Her Majesty the Queen
1993-04-19 Response to motion to extend time, to serve and file the appellant's factum Debra Marquard
1993-04-19 Response to the motion to file a lengthy factum, of the appellant (namely 47 pages) Debra Marquard
1993-04-19 Affidavit, to serve and file the factum to Apr. 20/93; Catherine A. Cooper Her Majesty the Queen
1993-04-19 Affidavit, (namely 47 pages) Catherine A. Cooper Her Majesty the Queen
1993-04-19 Motion to extend time, to serve and file the factum to Apr. 20/93 Her Majesty the Queen
1993-04-19 Motion to file a lengthy factum, (namely 47 pages) Her Majesty the Queen
1993-04-19 Decision on motion to file a lengthy factum, namely 47 pages., So
Granted, no order as to costs
1993-04-19 Hearing of motion to file a lengthy factum, 1993-04-19, namely 47 pages., So
1993-04-19 Submission of motion to file a lengthy factum, 1993-04-19, namely 47 pages., So
1993-04-19 Decision on motion to extend time, to serve and file the appellant's factum to April 21, 1993., So
Granted, no order as to costs
1993-04-19 Hearing of motion to extend time, 1993-04-19, to serve and file the appellant's factum to April 21, 1993., So
1993-04-19 Submission of motion to extend time, 1993-04-19, to serve and file the appellant's factum to April 21, 1993., So
1993-04-15 Affidavit, for an order granting leave to file an Appellant's Supplementary Factum Debra Marquard
1993-04-15 Notice of miscellaneous motion, for an order granting leave to file an Appellant's Supplementary Factum Debra Marquard
1993-04-15 Affidavit, to the Sprng of 1993; Shaun Nakatsuru Debra Marquard
1993-04-15 Motion to adjourn the hearing of the appeal, to the Spring 1993 Debra Marquard
1993-04-14 Correspondence (sent by the Court) to, of Jennifer James (Shore, Davis) to advise the Court that the appellant will file a motion to adjourned the appeal
1993-04-14 Supplemental document, NOTICE OF APPEAL, with service Debra Marquard
1993-03-25 Correspondence (sent by the Court) to, sent to The Attorney General for Ontario (Toronto, ON) re: appeal is ready for scheduling, Rule 32 sent
1993-03-25 Correspondence (sent by the Court) to, sent to Nakatsuru & Doucette (Toronto, ON) re: appeal is ready for scheduling, Rule 32 sent
1993-03-19 Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, With service
1993-03-09 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, on the condition that the appeal be ready to be heard for the next term., CJ
Granted, no order as to costs
1993-03-09 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1993-03-09, on the condition that the appeal be ready to be heard for the next term., CJ
1993-03-09 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1993-03-09, on the condition that the appeal be ready to be heard for the next term., CJ
1993-03-04 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause Her Majesty the Queen
1993-03-04 Affidavit, Shaun Nakatsuru Debra Marquard
1993-03-04 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause Debra Marquard
1993-03-01 Appeal perfected for hearing, Session beginning on 1993-04-26
1993-01-20 Order on motion to extend time, to serve and file the appellant's factum to Jan/11/1993, with service
1993-01-19 Supplemental document, 24 copies (SUPPLEMENTARY CASE ON APPEAL) Debra Marquard
1993-01-11 Decision on motion to extend time, to serve and file the appellant's factum to Jan/11/1993, Reg
Granted, no order as to costs
1993-01-11 Hearing of motion to extend time, 1993-01-11, to serve and file the appellant's factum to Jan/11/1993, Reg
1993-01-11 Submission of motion to extend time, 1993-01-11, to serve and file the appellant's factum to Jan/11/1993, Reg
1993-01-07 Response to motion to extend time, to Jan. 11, 1993 to file the appellant's factum Her Majesty the Queen
1993-01-07 Affidavit, to file the appellant's factum (of Shaun Nakatsuru) Debra Marquard
1993-01-07 Motion to extend time, to Jan. 11, 1993 to file the appellant's factum Debra Marquard
1993-01-07 Appellant's factum, 24 copies, with service Debra Marquard
1992-09-30 Trial court record, (joint with 1 appeal book)
1992-09-30 Appeal court record, (joint with trial proceedings - 4 vol.)
1992-09-23 Certified casebook, vol. 1 to 4 Debra Marquard
1992-09-11 Case on appeal, 23 copies of vol. 1 to 4 Debra Marquard
1992-08-04 Notice of appeal, 2 copies, with service Debra Marquard
1992-07-02 Notice of deposit of judgment issued to all parties, Soloway, Wright, Houston & Associates (Ottawa,ON)
1992-07-02 Notice of deposit of judgment issued to all parties, Shore, Davis & Perkins-McVey (Ottawa,ON)
1992-07-02 Judgment of the Court on the application for leave to appeal, CJ McL Ia, The application for leave to appeal is granted.
Granted, no order as to costs
1992-07-02 Hearing of the application for leave to appeal, 1992-07-02, CJ McL Ia
1992-07-02 All materials on application for leave submitted to the Judges, 1992-07-02, CJ McL Ia
1992-05-14 General proceeding, to note copy of the Endorsement of the Court of Appeal of Ontario, dated Sept. 4, 1991 distributed to the Justices for adjudication.
1992-05-12 General proceeding, to note 5 copies of C/A Endorsement Debra Marquard
1992-05-12 All materials on application for leave submitted to the Judges, CJ McL I
1992-04-27 Respondent's response on the application for leave to appeal, 5 copies, with service Her Majesty the Queen
1992-04-21 Order on motion to extend the time to file and/or serve the leave application
1992-04-09 Application for leave to appeal, as Order requested signed, Completed on: 1992-04-09
1992-04-09 General proceeding, (by fax) nature of Order requested signed Debra Marquard
1992-04-09 Decision on motion to extend time to file and /or serve the leave application, and to serve and file the application for leave to Apr/06/1992, St
Granted, no order as to costs
1992-04-09 Hearing of motion to extend time to file and/ or serve the leave application, 1992-04-09, and to serve and file the application for leave to Apr/06/1992, St
1992-04-09 Submission of motion to extend time to file and/ or serve the leave application, 1992-04-09, and to serve and file the application for leave to Apr/06/1992, St
1992-04-08 Correspondence received from, sent to Shore, Davis acknowledging receipt of application for leave. Regret to advise that material is incomplete as nature of order requested not signed. Application will not be referred until it complies with Court's requirements.
1992-04-06 $30.00 filing fee, receipt #25264 Debra Marquard
1992-04-06 Application for leave to appeal, 5 copies (Order sought not signed), with service, Incomplete Debra Marquard
1992-04-06 Notice of application for leave to appeal, With service Debra Marquard
1992-04-06 Response to the motion to extend the time to file and / or serve the leave application, to April 6/92 Her Majesty the Queen
1992-04-06 Affidavit, to April 6/92; Shaun Nakatsuru, with service Debra Marquard
1992-04-06 Motion to extend the time to file and or serve the application for leave to appeal, to April 6/92, with service Debra Marquard

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
Marquard, Debra Applicant Active

v.

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

Counsel

Party: Marquard, Debra

Counsel
Names
Maureen Forestell
Marlys Edwardh
Shaun Nakatsuru
Contact information
Bennett, Forestell
81 WELLESLEY ST E
TORONTO, Ontario
M4Y 1H6
Telephone: (416) 960-1071
FAX: (416) 515-7797
Agent
Name
Leonard M. Shore, Q.C.
Contact information
Shore, Davis, Perkins-McVey & Kehler
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

Party: Her Majesty the Queen

Counsel
Names
Catherine A. Cooper
Susan Chapman
Contact information
Attorney General for Ontario
720 BAY ST
10TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4602
FAX: (416) 326-4656
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

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

November 17, 1989
District Court of Ontario

0251/89

appellant found guilty of aggravated assault by disfiguring the victim contrary

September 4, 1991
Court of Appeal for Ontario

47/90

Appeal from conviction 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

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

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Webcasts

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Date modified: 2025-05-13