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.
23037
James Harbottle 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) |
|---|---|---|
| 1997-09-11 | Appeal closed | |
| 1994-07-21 | Correspondence (sent by the Court) to, sent to Court of Appeal for ON (Toronto, ON) enclosing their record | |
| 1993-07-20 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1993-07-20 | Copy of formal judgment being prepared, Shore, Davis & Perkins-McVey (Ottawa, ON) | |
| 1993-07-20 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON) | |
| 1993-07-12 | Close file on Leave | |
| 1993-05-25 |
Judgment on the appeal rendered, REASONS DELIVERED SEPT. 30/93 (SEE FILE), CJ LaF L'HD So G Co McL Ia Ma Dismissed, no order as to costs |
|
| 1993-05-25 | Hearing of the appeal, 1993-05-25, REASONS DELIVERED SEPT. 30/93 (SEE FILE), CJ LaF L'HD So G Co McL Ia Ma | |
| 1993-05-25 | General proceeding, (10 copies) "Occurrences of the Phrase "Directly of Indirectly in the Criminal Code" (GIVEN IN COURT) | |
| 1993-05-12 | Response to motion to extend time, to file the respondent's factum to May 12/93 | James Harbottle |
| 1993-05-12 | Affidavit, to file the factum to May 12/93; Lucy Cecchetto | Her Majesty the Queen |
| 1993-05-12 | Motion to extend time, to file the factum to May 12/93 | Her Majesty the Queen |
| 1993-05-12 | Respondent's factum, 24 copies, with service | Her Majesty the Queen |
| 1993-05-12 |
Decision on motion to extend time, to serve and file the respondent's factum to May 12, 1993, Reg Granted, no order as to costs |
|
| 1993-05-12 | Hearing of motion to extend time, 1993-05-12, to serve and file the respondent's factum to May 12, 1993, Reg | |
| 1993-05-12 | Submission of motion to extend time, 1993-05-12, to serve and file the respondent's factum to May 12, 1993, Reg | |
| 1993-05-11 | Book of authorities, JOINT 10 copies of vol.I & II, with service | James Harbottle |
| 1993-04-23 | Appeal hearing scheduled, 1993-05-25 | |
| 1993-03-25 | Correspondence (sent by the Court) to, sent to Ruby & Edwardh (Toronto, ON) re: appeal is ready for scheduling, Rule 32 sent | |
| 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 | |
| 1993-03-16 | Supplemental document, CASE ON APPEAL 24 copies, with service | James Harbottle |
| 1993-03-02 | Appellant's factum, 24 copies, with service | James Harbottle |
| 1993-03-01 | Appeal perfected for hearing, Session beginning on 1993-04-26 | |
| 1993-02-04 | Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, With service | |
| 1993-02-04 | Order on motion to extend time, to file the appellant's factum to Mar\01\1993, with service | |
| 1993-02-04 | Order on motion to extend time, to file the case on appeal to Feb\01\1993, with service | |
| 1993-02-02 | Certified casebook, vol. I to VI (service admitted on Feb. 1, 1993), with service | James Harbottle |
| 1993-01-28 |
Decision on motion to extend time, to serve and file the case on appeal book to Feb\01\1993, CJ Granted, no order as to costs |
|
| 1993-01-28 | Hearing of motion to extend time, 1993-01-28, to serve and file the case on appeal book to Feb\01\1993, CJ | |
| 1993-01-28 | Submission of motion to extend time, 1993-01-28, to serve and file the case on appeal book to Feb\01\1993, CJ | |
| 1993-01-28 |
Decision on motion to extend time, to serve and file the appellant's factum to March 1, 1993, CJ Granted, no order as to costs |
|
| 1993-01-28 | Hearing of motion to extend time, 1993-01-28, to serve and file the appellant's factum to March 1, 1993, CJ | |
| 1993-01-28 | Submission of motion to extend time, 1993-01-28, to serve and file the appellant's factum to March 1, 1993, CJ | |
| 1993-01-28 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, CJ Granted, no order as to costs |
|
| 1993-01-28 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1993-01-28, CJ | |
| 1993-01-28 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1993-01-28, CJ | |
| 1993-01-28 | Case on appeal, 23 copies of vol. I to VI | James Harbottle |
| 1993-01-20 | Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause | Her Majesty the Queen |
| 1993-01-20 | Affidavit | James Harbottle |
| 1993-01-20 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause | James Harbottle |
| 1993-01-20 | Response to motion to extend time, to file the Case on Appeal to Feb. 1/93 | Her Majesty the Queen |
| 1993-01-20 | Affidavit, to file the Case on Appeal to Fejb. 1/93; Paul Burstein | James Harbottle |
| 1993-01-20 | Motion to extend time, to file the Case on Appeal to Feb. 1/93 | James Harbottle |
| 1993-01-13 | Response to motion to extend time, to file the appellant's factum to March 1/93 | Her Majesty the Queen |
| 1993-01-13 | Affidavit, to file the factum to March 1/93; Paul Burstein | James Harbottle |
| 1993-01-13 | Motion to extend time, to file the factum to March 1/93 | James Harbottle |
| 1992-12-15 | Copy of formal judgment on leave being prepared, Shore, Davis & Perkins-McVey (Ottawa,ON) | |
| 1992-12-15 | Copy of formal judgment on leave being prepared, Burke Robertson (Ottawa,ON) | |
| 1992-12-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Ontario (Toronto) | |
| 1992-11-23 | Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa,ON) | |
| 1992-11-23 | Notice of deposit of judgment issued to all parties, Shore, Davis & Perkins-McVey (Ottawa,ON) | |
| 1992-11-19 |
Judgment of the Court on the application for leave to appeal, L'HD So G, The application for leave to appeal is dismissed. Dismissed, no order as to costs |
|
| 1992-11-19 | Hearing of the application for leave to appeal, 1992-11-19, L'HD So G | |
| 1992-11-19 | All materials on application for leave submitted to the Judges, 1992-11-19, L'HD So G | |
| 1992-10-05 | General proceeding, To Note, formal order of court of Appeal filed on behalf of James Harbottle sent up to Justices L'HD So G. | |
| 1992-10-05 | All materials on application for leave submitted to the Judges, L'HD So G | |
| 1992-09-29 | Proof of service, of response | |
| 1992-09-28 | Proof of service, of response | |
| 1992-09-23 | Respondent's response on the application for leave to appeal, 5 copies | Her Majesty the Queen |
| 1992-09-04 | Application for leave to appeal, as formal order of C.A. (returned for correction on 22-09-92 - Shore, Davis and received on 1992/09/23), Completed on: 1992-09-04 | |
| 1992-09-04 | General proceeding, 5 copies of formal order of C.A. | James Harbottle |
| 1992-09-03 | Application for leave to appeal, 5 copies (missing formal C.A. Order), with service, Incomplete | James Harbottle |
| 1992-08-13 | Order on motion to extend time, to serve and file the Case on Appeal 60days from the date of the Cout's decision on the aplication for leave to appeal. | |
| 1992-07-29 |
Decision on motion to extend time, to serve and file the case on appeal to 60 days from the date of the Court's decision on the application for leave to appeal., So Granted, no order as to costs |
|
| 1992-07-29 | Hearing of motion to extend time, 1992-07-29, to serve and file the case on appeal to 60 days from the date of the Court's decision on the application for leave to appeal., So | |
| 1992-07-29 | Submission of motion to extend time, 1992-07-29, to serve and file the case on appeal to 60 days from the date of the Court's decision on the application for leave to appeal., So | |
| 1992-07-24 | Response to motion to extend time, to file the Case on Appeal 60 days from the date of this Court's decision with respect to the application for leave to appeal | Her Majesty the Queen |
| 1992-07-24 | Affidavit, to file the Case on Appeal 60 days from the date of this Court's decision with respect of the application for leave to appeal (of Gwen Williams) | James Harbottle |
| 1992-07-24 | Motion to extend time, to file the Case on Appeal 60 daysfrom the date of this Court's decision with respect to the application for leave to appeal | James Harbottle |
| 1992-06-04 | $30.00 filing fee, receipt #25528 | James Harbottle |
| 1992-06-04 | Notice of appeal, With service | James Harbottle |
| 1992-06-04 | Appeal court record, 1 box, 2 copies of appeal books (joint with Trial transcripts) | |
| 1992-06-04 | Trial court record, 1 box 2 copies of trial transcripts (joint with appeal Court record) |
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 |
|---|---|---|
| Harbottle, James | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Harbottle, James
Counsel
Clayton Ruby
1130 - 20 Dundas St. W.
P.O. Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Agent
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Her Majesty the Queen
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Agent
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
Supreme Court of Ontario
x
Conviction: first degree murder
Court of Appeal for Ontario
170/90
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