Case information
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22966
Robert Gallagher v. Her Majesty the Queen
(Ontario) (Criminal) (As of Right)
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 | Appeal closed | |
| 1993-09-02 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1993-09-02 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1993-09-02 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON) | |
| 1993-08-12 |
Judgment on the appeal rendered, CJ LaF So Co McL Ia Ma, The appeal is dismissed and the order that the trial proceed is confirmed. Dismissed, no order as to costs |
|
| 1993-08-12 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1993-08-12 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON) | |
| 1993-03-16 | General proceeding, transcripts received and distributed to the judges (118 pages) | |
| 1993-03-01 | Supplemental document, 8 copies of joint authorities (given in Court by the appellant) (JOINT WITH 22936) | Robert Gallagher |
| 1993-03-01 |
Hearing of the appeal, 1993-03-01, CJ LaF So Co McL Ia Ma Decision reserved |
|
| 1993-02-26 | Correspondence (sent by the Court) to, from Gowling advising us that James Fleming, counsel for the appellant will argue 40 minutes | |
| 1993-02-24 | General proceeding, errors in the supplementary material tab 2, pages 12, 13 and 28 | Her Majesty the Queen |
| 1993-02-16 | Book of authorities, 13 copies (vol. 1 to 4) (JOINT WITH 22936) | Robert Gallagher |
| 1993-02-10 | Response to motion to extend time, 1 copy (JOINT WITH 22936) | Robert Gallagher |
| 1993-02-10 | Affidavit, 1 copy (JOINT WITH 22936) | Her Majesty the Queen |
| 1993-02-10 | Motion to extend time, 1 copy (JOINT WITH 22936), with service | Her Majesty the Queen |
| 1993-02-10 |
Decision on motion to extend time, to serve and file the respondent's factum to Feb/02/1993, Reg Granted, no order as to costs |
|
| 1993-02-10 | Hearing of motion to extend time, 1993-02-10, to serve and file the respondent's factum to Feb/02/1993, Reg | |
| 1993-02-10 | Submission of motion to extend time, 1993-02-10, to serve and file the respondent's factum to Feb/02/1993, Reg | |
| 1993-02-05 | General proceeding, 10 copies of FRESH EVIDENCE, with service | Her Majesty the Queen |
| 1993-02-04 |
Appeal hearing scheduled, 1993-03-01 Decision reserved |
|
| 1993-02-02 | Respondent's factum, 24 copies (extension of time requested, with service | Her Majesty the Queen |
| 1993-01-20 | Notice of hearing, With service | Robert Gallagher |
| 1992-11-12 | Appeal perfected for hearing, Session beginning on 1993-01-25 | |
| 1992-09-16 | Appellant's factum, 24 copies, with service | Robert Gallagher |
| 1992-09-03 |
Decision on motion to adduce new evidence, Co, The Order may go permitting the appellant to file the " fresh evidence " it proposes to adduce with regard to the appellate delay. The Crown respondent may cross-examine on the affidavits filed and may adduce such further evidence as it may deem appropriate, with the appellant having similar rights of cross-examinaton if so advised. the evidence may be referred to in the facta. The Crown and appellant may apply to file further evidence if so advised and if in the opinion of the parties this becomes necessary. It will be for the panel hearing the appeal to determine whether, or to what extent the "fresh evidence" may be admissible and considered by the Court. This appeal should be at the time as that of FRASER vs. R.(22936). Both cases raise the same issue. The appeals should, if the Cheif Justice deems it appropriate, be heard as soon as possible after the facta have been filed. Both parties have indicated the they would be ready to proceed by the latter part of the Fall term. Granted, no order as to costs |
|
| 1992-09-03 | Hearing of the motion to adduce new evidence, 1992-09-03, Co | |
| 1992-09-03 | Submission of motion to adduce new evidence, 1992-09-03, Co | |
| 1992-09-02 | Respondent's argument on the motion to adduce new evidence, 2 copies; 1 copy of vols. 1 to 3 of authorities filed on Sept. 3/92, with service | Her Majesty the Queen |
| 1992-08-28 | Motion to adduce new evidence, 2 copies RETURNABLE 1992/09/03, with service | Robert Gallagher |
| 1992-08-13 |
Decision on motion to extend time, to serve and file the Case on Appeal to July\28\92 nunc pro tunc., Reg Granted, no order as to costs |
|
| 1992-08-13 | Hearing of motion to extend time, 1992-08-13, to serve and file the Case on Appeal to July\28\92 nunc pro tunc., Reg | |
| 1992-08-13 | Submission of motion to extend time, 1992-08-13, to serve and file the Case on Appeal to July\28\92 nunc pro tunc., Reg | |
| 1992-08-12 | Response to motion to extend time, to file the Case on Appeal to July 28, 1992 (distributed to Justices CJ, LaF, So, Co, McL, I, Maj, on Feb 08, 1993) | Robert Gallagher |
| 1992-08-12 | Affidavit, to file the Case on Appeal to July 28, 1992 (of Eduard J. Van Bemmel), with service | Robert Gallagher |
| 1992-08-12 | Motion to extend time, to file the Case on Appeal to July 28, 1992, with service | Robert Gallagher |
| 1992-07-28 | Case on appeal, 24 copies (extension of time requested) | Robert Gallagher |
| 1992-04-21 | $30.00 filing fee, receipt #25352 | Robert Gallagher |
| 1992-04-21 | Notice of appeal, With service | Robert Gallagher |
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 |
|---|---|---|
| Gallagher, Robert | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Gallagher, Robert
Counsel
370 BLOOR ST E
TORONTO, Ontario
M4W 3M6
Telephone: (416) 927-9000
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Her Majesty the Queen
Counsel
David Butt
Eric Siebenmorgen
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2302
FAX: (416) 326-4656
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
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
Ontario Court of Justice (General Division)
x
Stay of proceedings with respect to charges of sexual assault ordered
Court of Appeal for Ontario
1185/91
appeal allowed
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
Not available