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.
23115
Her Majesty the Queen v. Robert Howard Burns
(British Columbia) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1997-09-12 | Appeal closed | |
| 1994-07-25 | Correspondence (sent by the Court) to, sent to Attorney General Court Registry (Vernon, BC) enclosing their record | |
| 1994-07-22 | Correspondence (sent by the Court) to, sent to C/A of BC (Vancouver, BC) enclosing their record | |
| 1994-04-25 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-04-25 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON) | |
| 1994-04-22 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1994-04-18 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-04-18 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON) | |
| 1994-04-14 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed and the convictions restored. Allowed, no order as to costs |
|
| 1994-02-10 | General proceeding, transcripts received and distributed to the judges (111 pages) | |
| 1994-01-26 |
Hearing of the appeal, 1994-01-26, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1994-01-21 | Book of authorities, 11 copies (fresh evidence), with service | Her Majesty the Queen |
| 1994-01-21 | Appellant's argument on the motion to adduce new evidence, 10 copies (on the respondent's second application to adduce fresh evidence) (SERVED COPY FILED ON JAN. 24, 1994) | Her Majesty the Queen |
| 1994-01-21 | Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument | |
| 1994-01-18 | Motion to adduce new evidence, 10 copies (SECOND NOTICE OF MOTION FOR NEW EVIDENCE) (TO BE DISTRIBUTED TO THE JUDGES HEARING THE APPEAL), with service | Robert Howard Burns |
| 1994-01-07 |
Appeal hearing scheduled, 1994-01-26 Decision reserved |
|
| 1993-12-29 | Reply factum on appeal, to respondent's amended factum 25 copies, with service | Her Majesty the Queen |
| 1993-12-10 |
Judgment on the appeal rendered, adjourned to next session Traversed, no order as to costs |
|
| 1993-12-10 |
Hearing of the appeal, 1993-12-10, adjourned to next session Adjourned |
|
| 1993-12-09 | Book of authorities, 10 copies, with service | Robert Howard Burns |
| 1993-12-09 | Appellant's argument on the motion to adduce new evidence, 10 copies, with service | Her Majesty the Queen |
| 1993-12-03 | Affidavit, 10 copies, with service | Robert Howard Burns |
| 1993-12-03 | Motion to adduce new evidence, 10 copies sent to CJ LaF L'HD So G Co McL I Ma, Dec 6/93, with service | Robert Howard Burns |
| 1993-11-25 | Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument | |
| 1993-11-09 | Correspondence (sent by the Court) to, sent to Ministry of Attorney General (Vernon, BC) re: receipt of letter dated Oct 26/93 and enclosed material | |
| 1993-11-08 | Appeal court record, (accordeon) | |
| 1993-11-05 |
Decision on motion to adjourn the hearing of the appeal, to be heard on December 10, 1993, CJ Granted, no order as to costs |
|
| 1993-11-05 | Hearing of motion to adjourn the hearing of the appeal, 1993-11-05, to be heard on December 10, 1993, CJ | |
| 1993-11-05 | Submission of motion to adjourn the hearing of the appeal, 1993-11-05, to be heard on December 10, 1993, CJ | |
| 1993-11-05 | Affidavit, of Alexander Budlovsky; re: adjournment of the appeal | Her Majesty the Queen |
| 1993-11-05 |
Decision on motion to adjourn the hearing of the appeal, appeal will be heard Dec. 10/93, CJ Granted, no order as to costs |
|
| 1993-11-05 | Hearing of motion to adjourn the hearing of the appeal, 1993-11-05, appeal will be heard Dec. 10/93, CJ | |
| 1993-11-05 | Submission of motion to adjourn the hearing of the appeal, 1993-11-05, appeal will be heard Dec. 10/93, CJ | |
| 1993-11-04 | Affidavit, of Jack N. Cram | Robert Howard Burns |
| 1993-11-04 | Motion to adjourn the hearing of the appeal | Robert Howard Burns |
| 1993-11-02 | Book of authorities, 10 copies | Her Majesty the Queen |
| 1993-10-06 | Respondent's factum, AMENDED 24 copies (THIS FACTUM REPLACES THE FACTUM FILED ON JUNE 28/93) | Robert Howard Burns |
| 1993-09-23 |
Appeal hearing scheduled, 1993-12-10 Adjourned |
|
| 1993-09-07 | Appeal court record, from Vancouver (1 envelope) | |
| 1993-07-20 | Discontinuance of motion to strike out, the factum on cross-appeal of the respondent, with service | Her Majesty the Queen |
| 1993-07-15 | Correspondence received from, (by fax) from Burke-Robertson; re: willing to discontinue the motion to strike the cross- appeal if the amended factum of the respondent is filed by July 20 | Her Majesty the Queen |
| 1993-07-14 | Correspondence (sent by the Court) to, (by fax) from Gowling; re: will withdraw the factum on cross-appeal and will be filing an amended respondent's factum in due course | |
| 1993-07-09 | Affidavit, the factum on cross-appeal of the respondent; Alexander Budlovsky, with service | Her Majesty the Queen |
| 1993-07-09 | Motion to strike out, the factum on Cross-appeal of the Respondent, with service | Her Majesty the Queen |
| 1993-07-05 | Proof of service, of factum | |
| 1993-06-28 | Respondent's factum, and factum on cross-appeal 24 copies (returned for corection July 15, 1993) (SEE AMENDED FACTUM FILED ON OCT. 6/93) | Robert Howard Burns |
| 1993-06-24 | Appeal perfected for hearing, Session beginning on 1993-10-04 | |
| 1993-05-31 | Order on motion to extend time, to serve and file the case on appeal to Apr/16/93., with service | |
| 1993-05-13 |
Decision on motion to extend time, to serve and file the case on appeal to April 16, 1993 nunc pro tunc., Reg Granted, no order as to costs |
|
| 1993-05-13 | Hearing of motion to extend time, 1993-05-13, to serve and file the case on appeal to April 16, 1993 nunc pro tunc., Reg | |
| 1993-05-13 | Submission of motion to extend time, 1993-05-13, to serve and file the case on appeal to April 16, 1993 nunc pro tunc., Reg | |
| 1993-05-11 | Copy of formal judgment on leave being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1993-05-11 | Copy of formal judgment on leave being prepared, Burke-Robertson (Ottawa, ON) | |
| 1993-05-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, British Columbia (Vancouver) | |
| 1993-04-29 | Appellant's factum, 24 copies, with service | Her Majesty the Queen |
| 1993-04-29 | Affidavit, of Alexander Budlovsky (1 copy) | Her Majesty the Queen |
| 1993-04-29 | Motion to extend time, to file the Case on appeal (1 copy), with service | Her Majesty the Queen |
| 1993-04-20 | Proof of service, of Case on Appeal | |
| 1993-04-20 | Notice of change of counsel, OTTAWA AGENT, with service | Robert Howard Burns |
| 1993-04-19 | Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON) | |
| 1993-04-19 | Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt (Ottawa, ON) | |
| 1993-04-15 |
Decision on the motion for reconsideration of the application for leave to appeal, CJ McL Ia Dismissed, no order as to costs |
|
| 1993-04-15 | Hearing of motion for reconsideration of the application for leave to appeal, 1993-04-15, CJ McL Ia | |
| 1993-04-15 | Submission of motion for reconsideration of the application for leave to appeal to panel, 1993-04-15, CJ McL Ia | |
| 1993-04-13 | Certified casebook, vol. I to III, with service | Her Majesty the Queen |
| 1993-04-13 | Case on appeal, 23 copies of vol. I to III | Her Majesty the Queen |
| 1993-04-07 | Affidavit, to serve and file the case on appeal to Apr. 16/ 93; Alexander Budlovsky, with service | Her Majesty the Queen |
| 1993-04-07 | Motion to extend time, to serve and file the Case on appeal to Apr. 16/ 93, with service | Her Majesty the Queen |
| 1993-04-06 | Correspondence received from, (by fax) from D. Roderick Hood; re: not required to file further materials for the re-consideration | Robert Howard Burns |
| 1993-04-05 | Submission of motion for reconsideration of the application for leave to appeal to panel, CJ McL I | |
| 1993-04-05 | Correspondence received from, from D. Roderick Hood; re: re-consider the leave application | Robert Howard Burns |
| 1993-04-02 | Correspondence received from, sent to Robert Howard Burns (Kelowna, BC) re: Notice of Appeal has been filed, Rule 32 sent | |
| 1993-04-02 | Correspondence received from, sent to Ministry of the Attorney General (Vancouver, BC) re: Notice of Appeal has been filed, Rule 32 sent | |
| 1993-04-02 | Affidavit, of Shannon Westerlund sent to La McL I, April 6/93 | Robert Howard Burns |
| 1993-03-12 | Correspondence received from, from J.N. Cram; re: re-consideration of the leave application sent to CJ McL I, March 18, 1993 | Robert Howard Burns |
| 1993-03-12 | General proceeding, AMENDED notice of motion for re-consideration of the application for leave to appeal | Robert Howard Burns |
| 1993-03-10 | General proceeding, 5 copies of APPELLANT'S RESPONSE to the respondent 's application to re-open the application for leave sent to CJ McL I March 11, 1993, with service | Her Majesty the Queen |
| 1993-02-25 | Motion for reconsideration of the application for leave to appeal, 5 copies. | Robert Howard Burns |
| 1993-01-12 | Close file on Leave | |
| 1993-01-06 | Notice of appeal, With service | Her Majesty the Queen |
| 1992-12-10 | Notice of deposit of judgment issued to all parties, Robert Howard Burns (Kelowna,BC) | |
| 1992-12-10 | Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa,ON) | |
| 1992-12-10 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1992-12-10 | Hearing of the application for leave to appeal, 1992-12-10 | |
| 1992-12-10 | All materials on application for leave submitted to the Judges, 1992-12-10 | |
| 1992-09-28 | All materials on application for leave submitted to the Judges, CJ McL I | |
| 1992-08-07 | $30.00 filing fee, receipt #25799 | Her Majesty the Queen |
| 1992-08-07 | Application for leave to appeal, 5 copies, with service, Completed on: 1992-08-07 | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Burns, Robert Howard | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
6th Floor
865 Hornby
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Email: alexander.budlovsky@gov.bc.ca
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Burns, Robert Howard
Counsel
Henry Brown, Q.C.
350 - 900 HOWE ST
VANCOUVER, British Columbia
V6Z 2H3
Telephone: (604) 685-5225
FAX: (604) 685-9710
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
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.
None.
Lower court rulings
Supreme Court of British Columbia
21112
Convictions: indecent assault and sexualassault
Court of Appeal for British Columbia (Vancouver)
CA013765
Appeal allowed; new trial ordered
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