Case information

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
1995-03-16	Record returned to the Registrar of the Court of Appeal
1995-01-04	Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1995-01-04	Copy of formal judgment being prepared, Lionel Raymond Legendre (Porcupine, ON)
1995-01-04	Copy of formal judgment being prepared, Shore, Davis & Perkins-McVey (Ottawa, ON)
1995-01-04	Copy of formal judgment being prepared, Beament, Green, Dust (Ottawa, ON)
1995-01-04	Copy of formal judgment being prepared, Burke-Robertson
1994-12-09	Notice of deposit of judgment sent to all parties, Lionel Raymond Legendre (Porcupine, ON)
1994-12-09	Notice of deposit of judgment sent to all parties, Shore, Davis & Perkins-McVey (Ottawa, ON)
1994-12-09	Notice of deposit of judgment sent to all parties, Beament, Green, Dust (Ottawa, ON)
1994-12-09	Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON)
1994-12-08	Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed in part. The order of the Court of Appeal is varied to state that, pursuant to s. 52 of the Constitution Act, 1982, s. 394(1) (b) of the Criminal Code should be read as follows: 394. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who (b) sells or purchases any rock, mineral or other substance that contains precious metals or unsmelted, untreated, unmanufactured or partly smelted, partly treated or partly manufactured precious metals, in the absence of evidence which raises a reasonable doubt that he is the owner or agent of the owner or is acting under lawful authority; or (Emphasis added). (for answers to constitutional questions, see file). Allowed, no order as to costs
1994-06-30	Supplemental document, 24 copies of SUPPLEMENTARY SUBMISSIONS (LABA, LEBRUN AND TICHINOFF) sent to CJ LaF L'HD So G Co McL I Ma, July 4/94, with service	Andrew Isadore Laba
1994-06-30	Supplemental document, 24 copies of SUPPLEMENTARY MEMORANDUM OF ARGUMENT sent to CJ LaF L'HD So G Co McL I Ma, July 4/94, with service	Her Majesty the Queen
1994-06-29	Supplemental document, 26 copies of SUPPLEMENTARY SUBMISSIONS ON THE ISSUE OF REMEDY sent to CJ LaF L'HD So G Co McL I Ma, July 4/94, with service	Attorney General of Canada
1994-06-22	General proceeding, transcripts received and distributed to the judges (92 pages)
1994-06-15	General proceeding, 10 copies of REGINA - V - FISHER (GIVEN IN COURT BY THE APPELLANT)	Her Majesty the Queen
1994-06-15	Decision on miscellaneous motion, for an order allowing the filing of the affidavit of R.J. Watling and motion to adduce new evidence., CJ LaF L'HD So G Co McL Ia Ma Granted, no order as to costs
1994-06-15	Hearing of miscellaneous motion, 1994-06-15, for an order allowing the filing of the affidavit of R.J. Watling and motion to adduce new evidence., CJ LaF L'HD So G Co McL Ia Ma
1994-06-15	Submission of miscellaneous motion, 1994-06-15, for an order allowing the filing of the affidavit of R.J. Watling and motion to adduce new evidence., CJ LaF L'HD So G Co McL Ia Ma
1994-06-15	Hearing of the appeal, 1994-06-15, CJ LaF L'HD So G Co McL Ia Ma Decision reserved
1994-06-14	Affidavit, OF ROGER JOHN WATLING (REVISED) 10 copies (to replace the affidavit originally filed), with service	Jean Paul Timm
1994-06-14	Correspondence (sent by the Court) to, of Robert E. Houston, Q.C. to advise the Court that the appellant and the respondent Timm have come to a mutual agreement with respect to the affidavit of Watling (filed along the revised affidavit of Roger John Watling)
1994-06-14	Supplemental document, Book of Statutory Authorities 10 copies, with service	Her Majesty the Queen
1994-06-14	Correspondence (sent by the Court) to, of Robert Frater re duration of argument
1994-06-13	Correspondence (sent by the Court) to, of James Wallbridge (Wallbridge, Wallbridge) re permission to argue his own affidavit on motion to file evidence (by fax) (Original filed on June 15, 1994)
1994-06-10	Affidavit, 11 copies of AFFIDAVIT OF GILLIAN ROBERTS RE: ORDER OPPOSING THE FILING OF THE AFFIDAVIT OF ROGER JOHN WATLING, with service	Her Majesty the Queen
1994-06-10	Notice of miscellaneous motion, 11 copies of MOTION FOR AN ORDER OPPOSING THE FILING OF THE AFFIDAVIT OF ROGER JOHN WATLING, with service	Her Majesty the Queen
1994-06-10	Proof of service, of the respondent's factum and the affidavit of Roger John Watling
1994-06-10	Response to miscellaneous motion, to allow the filing of the respondent's factum in the form tendered, with service	Her Majesty the Queen
1994-06-10	Notice of miscellaneous motion, to accept the respondent's factum in the form tendered (without lines numbered), with service	Jean Paul Timm
1994-06-10	Affidavit, (of James Wallbridge) to allow the filing of the affidavit of Roger John Waltling (bookform) (10 copies), with service	Jean Paul Timm
1994-06-10	Notice of miscellaneous motion, for an order allowing the filing of the affidavit of Roger John Watling (bookform) 10 copies, with service	Jean Paul Timm
1994-06-10	Affidavit, of ROGER JOHN WATLING 24 copies, with service	Jean Paul Timm
1994-06-08	Appeal court record, (accordeon)
1994-06-08	Affidavit, to accept the respondent's factum in the form tendered	Jean Paul Timm
1994-06-08	Affidavit, to file the respondent's factum (of James Wallbrid ge)	Jean Paul Timm
1994-06-08	Motion to extend time, to file the respondent's factum	Jean Paul Timm
1994-06-08	Correspondence (sent by the Court) to, (by fax) of David Butt to Mr. Wallbridge re affidavit of Mr. Watling
1994-06-08	Book of authorities, 10 copies, with service	Jean Paul Timm
1994-06-08	Respondent's factum, 24 copies, with service	Jean Paul Timm
1994-06-07	Proof of service, of joint book of authorities
1994-06-06	Book of authorities, JOINT 10 copies of vol. I to III	Her Majesty the Queen
1994-06-01	Intervener's factum, 24 copies (extension of time requested), with service	Attorney General of Canada
1994-06-01	Correspondence (sent by the Court) to, from David Butt to A. Roland re: duration of argument (fax copy)
1994-05-27	Affidavit, of Valentina Kogan; re: fingerprint information about gold samples (24 copies) - to be distributed to the judges	Her Majesty the Queen
1994-05-13	Appeal hearing
1994-03-30	Order on motion to file a reply factum on appeal
1994-03-28	Decision on the motion to file a reply factum on appeal, With service, McL Granted, no order as to costs
1994-03-28	Hearing of motion to file a reply factum on appeal, 1994-03-28, With service, McL
1994-03-28	Submission of motion to file a reply factum on appeal, 1994-03-28, With service, McL
1994-03-22	Argument on the motion to adduce new evidence, 11 copies, with service	Attorney General of Canada
1994-03-22	General proceeding, Memo from S. David Frankel, Q.C. to Robert J. Frater; re: not aware of any of the accused being in custody in respect of other matters	Attorney General of Canada
1994-03-21	Response to motion to file a reply factum on appeal	Henry Arthur Johnson
1994-03-15	Affidavit, David Butt, with service	Her Majesty the Queen
1994-03-15	Motion to file a reply factum on appeal, With service	Her Majesty the Queen
1994-03-14	Order on motion to adduce new evidence
1994-03-14	Proof of service, of Updated Affidavit of John Norwood
1994-03-09	Affidavit, UPDATED OF JOHN NORWOOD 24 copies, with service	Her Majesty the Queen
1994-03-04	Order on motion to extend time, to file respondents' factum to Feb 10/94
1994-03-02	Reply factum on appeal, 24 copies, with service	Her Majesty the Queen
1994-02-28	Decision on motion to extend time, to file the factum to Feb 10/94, Reg Granted, no order as to costs
1994-02-28	Hearing of motion to extend time, 1994-02-28, to file the factum to Feb 10/94, Reg
1994-02-28	Submission of motion to extend time, 1994-02-28, to file the factum to Feb 10/94, Reg
1994-02-18	Response to motion to extend time, to file the respondent's factum (James Wallbridge)	Jean Paul Timm
1994-02-18	Response to motion to extend time, to file the respondent's factum (David Butt)	Her Majesty the Queen
1994-02-18	Affidavit, to file the respondent's factum to Feb. 10, 1994 (2 copies - Marc Rosenberg)	Andrew Isadore Laba
1994-02-18	Motion to extend time, to file the respondent's factum to Feb. 10, 1994 (2 copies)	Andrew Isadore Laba
1994-02-10	Respondent's factum, 24 copies (extension of time requested) (JOINT WITH LEBRUN AND TICHINOFF), with service	Andrew Isadore Laba
1994-02-08	Appeal removed from the list
1994-02-04	Decision on motion to adduce new evidence, No one opposing the motion is granted and the appeal is adjourned to allow other parties additional time to respond, CJ Granted, no order as to costs
1994-02-04	Hearing of the motion to adduce new evidence, 1994-02-04, No one opposing the motion is granted and the appeal is adjourned to allow other parties additional time to respond, CJ
1994-02-04	Submission of motion to adduce new evidence, 1994-02-04, No one opposing the motion is granted and the appeal is adjourned to allow other parties additional time to respond, CJ
1994-02-02	Correspondence (sent by the Court) to, from Robert E. Houston, Q.C.; re: has no objection to the admission of the evidence; may wish to cro ss-examine one of the deponents; would not object to an adjournment of the appeal to the April session
1994-02-01	Affidavit, of James Wallbridge; consent to the admission of the new evidence, but request an adjournment to the next session (original filed on Feb. 4/94)	Jean Paul Timm
1994-01-26	Correspondence (sent by the Court) to, fr. Shore, Davis re: cliens Laba, Tichinoff and Lebrun take no position on the motion to adduce fresh evidence filed by the Attorney General of Canada
1994-01-25	Motion to adduce new evidence, (2 copies), with service	Attorney General of Canada
1994-01-07	Appeal hearing scheduled, 1994-06-15 Decision reserved
1993-12-10	Decision on motion to extend time, to file appellant's factum to Dec 1/93, with service, Reg Granted, no order as to costs
1993-12-10	Hearing of motion to extend time, 1993-12-10, to file appellant's factum to Dec 1/93, with service, Reg
1993-12-10	Submission of motion to extend time, 1993-12-10, to file appellant's factum to Dec 1/93, with service, Reg
1993-12-09	Response to motion to extend time, to file the appellant's factum to Dec. 1/93	Henry Arthur Johnson
1993-12-07	Proof of service, of factum
1993-12-07	Affidavit, to file the factum to Dec. 1/93; David Butt, with service	Her Majesty the Queen
1993-12-07	Motion to extend time, to file the factum to Dec. 1/93, with service	Her Majesty the Queen
1993-12-01	Appellant's factum, 24 copies (extension of time requested- Karen advised on Dec. 2, 1993), with service	Her Majesty the Queen
1993-11-29	Appeal perfected for hearing, Session beginning on 1994-04-25
1993-09-29	Order on motion to extend time, to serve and file Case on appeal to Sept 15/93
1993-09-29	Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause
1993-09-24	Decision on motion to extend time, to serve & file the case on appeal to Sept. 15/93, with service, CJ Granted, no order as to costs
1993-09-24	Hearing of motion to extend time, 1993-09-24, to serve & file the case on appeal to Sept. 15/93, with service, CJ
1993-09-24	Submission of motion to extend time, 1993-09-24, to serve & file the case on appeal to Sept. 15/93, with service, CJ
1993-09-24	Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, With service, CJ Granted, no order as to costs
1993-09-24	Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1993-09-24, With service, CJ
1993-09-24	Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1993-09-24, With service, CJ
1993-09-21	Response to motion to extend time, to file the case on appeal (consent joint with the appeal be deemed not abandoned)	Danilor Tichinoff
1993-09-21	Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (1 copy)	Danilor Tichinoff
1993-09-17	Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause	Andrew Isadore Laba
1993-09-17	Response to motion to extend time, to file the Case on Appeal to Sept. 15, 1993	Andrew Isadore Laba
1993-09-16	Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause	Henry Arthur Johnson
1993-09-16	Response to motion to extend time, to file the Case on appeal to Sept. 15, 1993	Henry Arthur Johnson
1993-09-15	Case on appeal, 25 copies (new covers requested with the name of agents for all parties - Karen advised on Sept.15, 1993)	Her Majesty the Queen
1993-09-15	Affidavit, (of David Butt), with service	Her Majesty the Queen
1993-09-15	Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, With service	Her Majesty the Queen
1993-09-15	Affidavit, to Sept. 15, 1993 to file the Case on Appeal (of David Butt), with service	Her Majesty the Queen
1993-09-15	Motion to extend time, to Sept. 15, 1993 to file the Case on Appeal, with service	Her Majesty the Queen
1993-09-15	Certified casebook, With service	Her Majesty the Queen
1993-09-14	Proof of service, of the notice of intervention of A.G. Canada by Denise Simon (1 copy)
1993-09-07	Notice of intervention respecting a constitutional question, (1 copy), with service	Attorney General of Canada
1993-08-25	Proof of service, of the Notice of Constitutional Questions on the respondents Laba and Legendre who are not represented by a lawyer
1993-08-18	Notice of constitutional question(s), (1 copy), with service	Her Majesty the Queen
1993-08-17	Order on motion to state a constitutional question
1993-08-17	Order on motion to extend time, to state Constitutional Questions
1993-08-10	Decision on the motion to state a constitutional question, "For Constitutional Questions see file or Reg's red book #9 at page 240". Intention to intervene by Sept. 9/93., So Granted, no order as to costs
1993-08-10	Hearing of the motion to state a constitutional question, 1993-08-10, "For Constitutional Questions see file or Reg's red book #9 at page 240". Intention to intervene by Sept. 9/93., So
1993-08-10	Submission of motion to state a constitutional question, 1993-08-10, "For Constitutional Questions see file or Reg's red book #9 at page 240". Intention to intervene by Sept. 9/93., So
1993-08-10	Decision on motion to extend time, to state Constitutional Questions, So Granted, no order as to costs
1993-08-10	Hearing of motion to extend time, 1993-08-10, to state Constitutional Questions, So
1993-08-10	Submission of motion to extend time, 1993-08-10, to state Constitutional Questions, So
1993-07-30	Proof of service, of Notice of motion to state constutitional questions on Andrew Isadore Laba
1993-07-27	Motion to state a constitutional question, REVISED	Her Majesty the Queen
1993-07-27	Motion to extend time, to state constitutional questions	Her Majesty the Queen
1993-07-23	Correspondence (sent by the Court) to, of James Wallbridge (Wallbridge, Wallbridge) to advise the Court that the are content of the questions to be referred to the Court and do not plan to attend the motion
1993-07-19	Response to motion to extend time, to state constitutional questions	Raymond Lebrun Sr.
1993-07-19	Response to the motion to state a constitutional question	Raymond Lebrun Sr.
1993-07-19	Proof of service, of notice of motion to state constitutional question on Respondent Lionel Raymond Legendre
1993-07-15	Response to the motion to state a constitutional question	Danilor Tichinoff
1993-07-15	Response to motion to extend time, to state the constitutional question	Danilor Tichinoff
1993-07-07	Motion to state a constitutional question, With service	Her Majesty the Queen
1993-07-07	Motion to extend time, to state constitutional questions, with service	Her Majesty the Queen
1993-04-20	Notice of appeal, With service	Her Majesty the Queen
1993-03-25	Judgment of the Court on the application for leave to appeal, So McL Ia, The application for leave to appeal is granted. Granted, no order as to costs
1993-03-25	Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON)
1993-03-25	Notice of deposit of judgment issued to all parties, Beament, Green, Dust (Ottawa, ON)
1993-03-25	Notice of deposit of judgment issued to all parties, Ellies & Dinnen (Kirkland Lake, ON)
1993-03-25	Notice of deposit of judgment issued to all parties, Lionel Raymond Legendre (Porcupine, ON)
1993-03-25	Notice of deposit of judgment issued to all parties, Shore, Davis & Perkins-McVey (Ottawa, ON)
1993-03-25	Notice of deposit of judgment issued to all parties, Girones, Ciccone, Wallbridge (Timmins, ON)
1993-03-09	General proceeding, transcripts received and distributed to the judges (31 pages)
1993-03-04	Hearing of the application for leave to appeal, 1993-03-04, So McL Ia Decision reserved
1993-02-25	Book of authorities, 5 copies, with service	Her Majesty the Queen
1993-01-20	Decision on motion to extend time, to serve and file the respondent's response to Nov/16/1992, Reg Granted, no order as to costs
1993-01-20	Hearing of motion to extend time, 1993-01-20, to serve and file the respondent's response to Nov/16/1992, Reg
1993-01-20	Submission of motion to extend time, 1993-01-20, to serve and file the respondent's response to Nov/16/1992, Reg
1993-01-19	Response to motion to extend time, to file the respondent's response to Nov. 16/92	Her Majesty the Queen
1993-01-19	Affidavit, to file the response to Nov. 16/93; James Wallbridge, with service	Jean Paul Timm
1993-01-19	Motion to extend time, to file the response to Nov. 16/92, with service	Jean Paul Timm
1992-11-30	All materials on application for leave submitted to the Judges, 1993-03-04, CJ McL I, So McL Ia Decision reserved
1992-11-19	Correspondence received from, of Robert Houston along with a consent for the late filing of the Responses of Timm, LeBrun and Laba	Henry Arthur Johnson
1992-11-16	Respondent's response on the application for leave to appeal, 5 copies (motion to extend time requested), with service	Jean Paul Timm
1992-11-12	Applicant's reply to respondent's argument, 5 copies, with service	Her Majesty the Queen
1992-11-03	Respondent's response on the application for leave to appeal, 5 copies, with service	Danilor Tichinoff
1992-10-28	Service, of the application for leave on Lionel Raymond Legendre
1992-10-23	Application for leave to appeal, as formal order filed, Completed on: 1992-10-23
1992-10-23	General proceeding, 5 copies of formal order of C.A.	Her Majesty the Queen
1992-10-21	Correspondence received from, sent to Burke-Robertson (Ottawa,ON) re: acknowledge receipt of application for leave to appeal. Regret to advise that material does not comply with Court's requirements as Formal Order of C/A missing. Leave will not be referred until material complies w
1992-10-16	$30.00 filing fee, Receipt No. 26040	Her Majesty the Queen
1992-10-16	Application for leave to appeal, 5 copies (formal order of C.A. missing), with service, Incomplete	Her Majesty the Queen

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Her Majesty the Queen	Applicant	Active

v.

Main parties - Respondents

Name	Role	Status
Johnson, Henry Arthur	Respondent	Active
Laba, Andrew Isadore	Respondent	Active
Lebrun Sr., Raymond	Respondent	Active
Legendre, Lionel Raymond	Respondent	Active
Tichinoff, Danilor	Respondent	Active
Timm, Jean Paul	Respondent	Active

Other parties

Other parties

Name	Role	Status
Attorney General of Canada	Intervener	Active

Counsel

Summary

Memorandums of argument on application for leave to appeal

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 filing 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.

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Factums on appeal

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.

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