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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.


23067

Phillip Joseph Cote v. Her Majesty the Queen

(New Brunswick) (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)
1997-09-12 Appeal closed
1994-03-16 Correspondence (sent by the Court) to, sent to Court of Appeal of N.B. enclosing their records
1993-10-21 Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON)
1993-10-21 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1993-10-21 Formal judgment sent to the registrar of the court of appeal and all parties, New Brunswick (Fredericton)
1993-10-07 Judgment on the appeal rendered, CJ L'HD G McL Ma
Dismissed, no order as to costs
1993-10-07 Hearing of the appeal, 1993-10-07, CJ L'HD G McL Ma
1993-10-07 General proceeding, to note corrections of references in the respondent's factum Her Majesty the Queen
1993-10-06 Correspondence (sent by the Court) to, of Henry S. Brown to advise the Court that all the exhibits at the Trial where returned or destroyed. At the hearing of the appeal, the respondent will seek an order dismissing the appeal and substituti ng a conviction of manslaughter
1993-09-27 Certified casebook, of vol. 1 and 2 Phillip Joseph Cote
1993-09-24 Appeal court record, 1 envelope (joint with Trial record)
1993-09-24 Trial court record, 1 envelope (joint with C/A record)
1993-09-22 Appeal hearing scheduled, 1993-10-07
1993-08-06 Respondent's factum, 24 copies, with service Her Majesty the Queen
1993-07-30 Appeal perfected for hearing, Session beginning on 1993-10-04
1993-07-29 Proof of service, of the appellant factum (John A. Henheffer)
1993-07-28 Service, copy of appellant's factum (original)
1993-06-04 Appellant's factum, 23 copies (see show cause) Phillip Joseph Cote
1993-04-27 Case on appeal, 23 copies, vols. 1 to 2 Phillip Joseph Cote
1993-04-22 Notice of change of counsel, Ottawa Agent Phillip Joseph Cote
1993-04-21 General proceeding, transcript received (20 pages)
1993-04-08 Correspondence (sent by the Court) to, sent to Fowler & Fowler (Moncton, NB) re: Notice of Appeal has been filed and Rule 32 sent
1993-04-08 Correspondence (sent by the Court) to, sent to Attorney General for New Brunswick (Saint John, NB) re: Notice of Appeal has been filed and Rule 32 sent
1993-04-06 Decision on motion for an order that the appeal be deemed abandoned, " Appeal is to be heard in the fall 1993 session.", CJ L'HD So Co McL
Granted, no order as to costs
1993-04-06 Hearing of motion for an order that the appeal be deemed abandoned, 1993-04-06, " Appeal is to be heard in the fall 1993 session.", CJ L'HD So Co McL
1993-04-06 Submission of motion for an order that the appeal be deemed abandonned, 1993-04-06, " Appeal is to be heard in the fall 1993 session.", CJ L'HD So Co McL
1993-04-05 Affidavit, of Philip K. Holland (re show cause of April 6, 1993) 10 copies Her Majesty the Queen
1993-04-02 General proceeding, to note 10 copies of the C/A judgment Phillip Joseph Cote
1993-04-02 Affidavit, of Anne Dugas-Horsman re show cause of April 6, 1993 (10 copies) Phillip Joseph Cote
1993-03-22 Correspondence (sent by the Court) to, sent to Fowler, Fowler (Moncton, NB) re: required to appear before the Court on April 6, 1993, 10:00 a.m. to show cause
1992-07-27 Correspondence (sent by the Court) to, of Anne Dugas-Horsman (Fowler & Fowler) to confirm that her office will be representing Joseph Côté on his appeal and to inform that the agent in Ottawa will be Pothier and Gahrns (att. Jennifer Pothier)
1992-07-03 Correspondence (sent by the Court) to, from Gowling; re: consents to the appointment of Scott Fowler as counsel for Mr. Coté
1992-06-23 $30.00 filing fee, #25626 Phillip Joseph Cote
1992-06-23 Correspondence (sent by the Court) to, of Barb Kincaid to Mr. Fowler with receipt of $30.00
1992-06-19 Correspondence (sent by the Court) to, of Barb Kincaid to Mr. Coté to confirm receipt of the Notice of Appeal and to indicate the procedure to be followed to prepare a motion to appoint counsel.
1992-06-11 Notice of appeal, 3 copies Phillip Joseph Cote

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
Cote, Phillip Joseph Applicant Active

v.

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

Counsel

Party: Cote, Phillip Joseph

Counsel
Name
Scott F. Fowler
Contact information
Fowler & Fowler
11 - 885 MAIN ST
PO BOX 721
MONCTON, New Brunswick
E1C 8M9
Telephone: (506) 857-8811
FAX: (506) 857-9297
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

Party: Her Majesty the Queen

Counsel
Names
Phillip K. Holland
Henry S. Brown, Q.C.
John A. Henheffer
Contact information
Attorney General of New Brunswick
CITY HALL 4TH FL
15 MARKET SQUARE
SAINT JOHN, New Brunswick
E2L 1E8
Telephone: (506) 658-2580
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

March 5, 1986
Court of Queen’s Bench of New Brunswick

x

conviction: murder

May 14, 1992
Court of Appeal of New Brunswick

265/90/CA

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

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