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.
23178
Cyril Patrick Prosper v. Her Majesty the Queen
(Nova Scotia) (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) |
|---|---|---|
| 1997-08-15 | Appeal closed | |
| 1995-03-13 | Correspondence (sent by the Court) to, (court records) sent to Halifax City Court (Halifax, NS) | |
| 1995-03-13 | Record returned to the Registrar of the Court of Appeal | |
| 1994-10-25 | Formal judgment sent to the registrar of the court of appeal and all parties, Nova Scotia (Halifax) | |
| 1994-10-25 | Copy of formal judgment being prepared, Beament, Green, Dust (Ottawa, ON) | |
| 1994-10-25 | Copy of formal judgment being prepared, McCarthy, Tétrault (Ottawa, ON) | |
| 1994-10-25 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-09-29 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma Allowed, no order as to costs |
|
| 1994-09-29 | Hearing of the appeal, 1994-09-29, CJ LaF L'HD So G Co McL Ia Ma | |
| 1994-09-29 | Appeal hearing scheduled, 1994-09-29 | |
| 1994-09-29 |
Judgment on the appeal rendered Allowed, no order as to costs |
|
| 1994-09-29 | Hearing of the appeal, 1994-09-29 | |
| 1994-09-29 | Appeal hearing scheduled, 1994-09-29 | |
| 1994-09-29 |
Judgment on the appeal rendered Allowed, no order as to costs |
|
| 1994-09-29 | Hearing of the appeal, 1994-09-29 | |
| 1994-09-29 | Appeal hearing scheduled, 1994-09-29 | |
| 1994-09-29 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma Dismissed, no order as to costs |
|
| 1994-09-29 | Hearing of the appeal, 1994-09-29, CJ LaF L'HD So G Co McL Ia Ma | |
| 1994-09-29 | Appeal hearing scheduled, 1994-09-29 | |
| 1994-09-29 |
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 verdict of acquittal is entered, La Forest, L'Heureux-Dubé, Gonthier and Major JJ. dissenting. Allowed, no order as to costs |
|
| 1994-09-29 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-09-29 | Notice of deposit of judgment sent to all parties, McCarthy, Tétrault (Ottawa, ON) | |
| 1994-09-29 | Notice of deposit of judgment sent to all parties, Beament, Green, Dust (Ottawa, ON) | |
| 1994-03-15 | General proceeding, transcripts received and distributed to the judges (176 pages) (JOINT WITH 23160-23312-23623) | |
| 1994-03-02 |
Hearing of the appeal, 1994-03-02, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1994-02-23 | Book of authorities, 10 copies (JOINT WITH 23312), with service | Charter Committee on Poverty Issues |
| 1994-02-15 | Intervener's factum, 24 copies (joint with 23312), with service | Charter Committee on Poverty Issues |
| 1994-02-14 | Order on motion for leave to intervene | |
| 1994-02-10 |
Decision on the motion for leave to intervene, factum to be filed by Feb 15/94 limited to 20 pages. Leave to present oral argument limited to 15 minutes, So Granted, no order as to costs |
|
| 1994-02-10 | Hearing of motion for leave to intervene, 1994-02-10, factum to be filed by Feb 15/94 limited to 20 pages. Leave to present oral argument limited to 15 minutes, So | |
| 1994-02-10 | Submission of motion for leave to intervene, 1994-02-10, factum to be filed by Feb 15/94 limited to 20 pages. Leave to present oral argument limited to 15 minutes, So | |
| 1994-02-08 | Response to the motion for leave to intervene, of the Charter Committee on Poverty Issues | Cyril Patrick Prosper |
| 1994-02-08 | Correspondence (sent by the Court) to, from McCarthy; re: summarize and positions of the parties on the motion for intervention | |
| 1994-02-03 | Motion for leave to intervene, With service | Charter Committee on Poverty Issues |
| 1994-02-03 | Correspondence (sent by the Court) to, (by fax) from John C. Pearson; re: not prepared to consent to the intervention of the Charter Committee on Poverty Issues | |
| 1994-02-03 | Affidavit, J. Bruce Porter, with service | Charter Committee on Poverty Issues |
| 1994-02-03 | Affidavit, J. Bruce Porter, with service | Charter Committee on Poverty Issues |
| 1994-01-31 | Correspondence (sent by the Court) to, (by fax) from McCarthy; re: will seek leave to intervene by the Charter Committee on Poverty issues | |
| 1994-01-27 | Respondent's factum, 24 copies, with service | Her Majesty the Queen |
| 1994-01-13 | Notice of hearing, With service | Cyril Patrick Prosper |
| 1994-01-11 | Order on miscellaneous motion, to accept as filed | |
| 1994-01-11 | Order on motion to extend time, to serve and file appellant's factum to Dec 2/93 | |
| 1994-01-07 | Response to motion to extend time, to file and serve the appellant's factum (1 copy) (Beament, Green & Dust) | Her Majesty the Queen |
| 1994-01-07 |
Appeal hearing scheduled, 1994-03-02 Decision reserved |
|
| 1994-01-07 |
Decision on miscellaneous motion, to accept appellant's factum as filed, Reg Granted, no order as to costs |
|
| 1994-01-07 | Hearing of miscellaneous motion, 1994-01-07, to accept appellant's factum as filed, Reg | |
| 1994-01-07 | Submission of miscellaneous motion, 1994-01-07, to accept appellant's factum as filed, Reg | |
| 1994-01-07 |
Decision on motion to extend time, to serve and file the appellant's factum to Dec. 2/93, Reg Granted, no order as to costs |
|
| 1994-01-07 | Hearing of motion to extend time, 1994-01-07, to serve and file the appellant's factum to Dec. 2/93, Reg | |
| 1994-01-07 | Submission of motion to extend time, 1994-01-07, to serve and file the appellant's factum to Dec. 2/93, Reg | |
| 1993-12-31 | Proof of service, of the appellant's factum | |
| 1993-12-22 | Affidavit, to accept the appellant's factum as filed (of Roger A. Burrill) | Cyril Patrick Prosper |
| 1993-12-22 | Affidavit, to file the appellant's factum to Dec. 2/93 (of Roger A. Burrill) | Cyril Patrick Prosper |
| 1993-12-22 | Notice of miscellaneous motion, to accept the appellant's factum as filed | Cyril Patrick Prosper |
| 1993-12-22 | Motion to extend time, to file the appellant's factum to Dec. 2/93 | Cyril Patrick Prosper |
| 1993-12-21 | Trial court record, 1 envelope (to be returned to Halifax City Court) | |
| 1993-12-20 | Correspondence (sent by the Court) to, from Roger A. Burrill re: duration of argument | |
| 1993-12-16 | Appeal court record, (1 PINK FOLDER) | |
| 1993-12-02 | Appellant's factum, 23 copies (extension of time requested and no marginal lining) | Cyril Patrick Prosper |
| 1993-12-02 | Book of authorities, 10 copies | Cyril Patrick Prosper |
| 1993-11-29 | Appeal perfected for hearing, Session beginning on 1994-01-24 | |
| 1993-10-14 | Proof of service, of Case on Appeal | |
| 1993-09-30 | Certified casebook | Cyril Patrick Prosper |
| 1993-09-13 | Case on appeal, 23 copies | Cyril Patrick Prosper |
| 1993-07-12 | Close file on Leave | |
| 1993-07-05 | Correspondence (sent by the Court) to, sent to Attorney General of Nova Scotia (Halifax, NS) c.c. S. Grace (Beament, Green, Dust) enclosing copy of Rule 32 | |
| 1993-07-05 | Correspondence (sent by the Court) to, sent to Nova Scotia Legal Aid (Dartmouth, NS) c.c. Gowling, Strathy & Henderson, enclosing copy of Rule 32 | |
| 1993-06-17 | Order granting leave to appeal, With service | |
| 1993-06-09 | Notice of appeal, With service | Cyril Patrick Prosper |
| 1993-05-27 |
Judgment of the Court on the application for leave to appeal, LaF Co Ia, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1993-05-27 | Hearing of the application for leave to appeal, 1993-05-27, LaF Co Ia | |
| 1993-05-27 | All materials on application for leave submitted to the Judges, 1993-05-27, LaF Co Ia | |
| 1993-05-27 | Notice of deposit of judgment issued to all parties, Beament, Green, Dust (Ottawa, ON) | |
| 1993-05-27 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1993-03-08 | All materials on application for leave submitted to the Judges, LaF Co I | |
| 1993-02-03 | Discontinuance of the motion to quash | Her Majesty the Queen |
| 1993-02-01 | Affidavit, INCLUDED IN MOTION BOOK; Henry S. Brown, with service | Cyril Patrick Prosper |
| 1993-02-01 | Motion to extend the time to file and or serve the application for leave to appeal, INCLUDED IN THE MOTION BOOK, with service | Cyril Patrick Prosper |
| 1993-02-01 | Application for leave to appeal, 5 copies, with service, Completed on: 1993-02-01 | Cyril Patrick Prosper |
| 1993-01-27 | Appeal closed | |
| 1993-01-27 | Discontinuance of the appeal | Cyril Patrick Prosper |
| 1993-01-19 | Correspondence (sent by the Court) to, from Gowling; re: appeal as of right will be discontinued and a leave application will be filed | |
| 1993-01-19 | Hearing of the motion to quash the appeal scheduled | |
| 1993-01-11 | Motion to quash | Her Majesty the Queen |
| 1993-01-11 | Motion to quash, 10 copies of motion book | Her Majesty the Queen |
| 1993-01-11 | Motion to extend time, 10 copies of motion book | Her Majesty the Queen |
| 1992-09-23 | $30.00 filing fee, Receipt #25917 | Cyril Patrick Prosper |
| 1992-09-23 | Notice of appeal, With service | Cyril Patrick Prosper |
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 |
|---|---|---|
| Prosper, Cyril Patrick | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Charter Committee on Poverty Issues | Intervener | Active |
Counsel
Party: Prosper, Cyril Patrick
Counsel
400 - 5475 SPRING GARDEN RD
HALIFAX, Nova Scotia
B3J 3T2
Telephone: (902) 420-3471
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Her Majesty the Queen
Counsel
5151 TERMINAL RD
PO BOX 7
HALIFAX, Nova Scotia
B3J 2L6
Telephone: (902) 424-8931
FAX: (902) 424-4556
Agent
47 Clarence St
Suite 204
Ottawa, Ontario
K1N 9K1
Telephone: (613) 241-3400
FAX: (613) 241-8555
Party: Charter Committee on Poverty Issues
Counsel
4700 TD Bank Tower
PO Box 48
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-1812
FAX: (416) 868-0673
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386
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
Court of Queen’s Bench of Nova Scotia
x
Acquittal of impaired driving charge under s.253(b) of the Criminal Code
Nova Scotia Court of Appeal
02617
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
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