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23321

Quoc Dung Tran 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
1995-09-25 Close file on Leave
1994-03-31 Formal judgment sent to the registrar of the court of appeal and all parties, Nova Scotia
1994-03-31 Copy of formal judgment being prepared, Beament, Green, Dust (Ottawa, ON)
1994-03-31 Copy of formal judgment being prepared, Perley-Robertson, Panet, Hill & McDougall (Ottawa, ON)
1994-03-07 General proceeding, transcripts received and distributed to the judges (55 pages)
1994-02-25 Judgment on the appeal rendered, new trial ordered, reasons to follow, CJ LaF So Co McL Ia Ma
Allowed, no order as to costs
1994-02-25 Hearing of the appeal, 1994-02-25, new trial ordered, reasons to follow, CJ LaF So Co McL Ia Ma
1994-02-18 Correspondence (sent by the Court) to, from Robert E. Lutes re: duration of argument (fax copy)
1994-02-16 Correspondence (sent by the Court) to, (by fax) from Marguerite J. Mac Neil; re: herself and Frank E. deMont will take 45 minutes for their submissions (original received on Feb. 21, 1994)
1994-02-10 Book of authorities, 10 copies (joint) Quoc Dung Tran
1994-01-25 General proceeding, Spoke to Marguerite McNeil concerning the C.A. record. It was never received at this Court Quoc Dung Tran
1994-01-18 Respondent's factum, 24 copies Her Majesty the Queen
1994-01-07 Appeal hearing scheduled, 1994-02-25
1993-12-23 Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause
1993-12-02 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, on condition that the appeal be ready to proceed during the winter term, CJ
Granted, no order as to costs
1993-12-02 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1993-12-02, on condition that the appeal be ready to proceed during the winter term, CJ
1993-12-02 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1993-12-02, on condition that the appeal be ready to proceed during the winter term, CJ
1993-12-01 Correspondence (sent by the Court) to, from Marguerite J. MacNeil re: no one will be appearing on the Show Cause
1993-12-01 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (Robert E. Lutes) (1 copy) Her Majesty the Queen
1993-12-01 Affidavit, (Marguerite J. MacNeil) (1 copy) Quoc Dung Tran
1993-12-01 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, (1 copy) Quoc Dung Tran
1993-11-29 Appeal perfected for hearing, Session beginning on 1994-01-24
1993-11-25 Correspondence (sent by the Court) to, sent to Coady Filliter (Halifax, NS) re: show cause on Dec 6/93 at 9:30 a.m.
1993-11-25 Correspondence (sent by the Court) to, sent to Public Prosecutions Service (Halifax, NS) re: show cause on Dec 6/93 at 9:30 a.m.
1993-11-24 Appellant's factum, 24 copies, with service Quoc Dung Tran
1993-09-24 Certified casebook Quoc Dung Tran
1993-09-24 Case on appeal, 23 copies, with service Quoc Dung Tran
1993-07-05 Correspondence (sent by the Court) to, sent to Public Prosecutions Service (Halifax, NS) c.c. Stephen J. Grace (Beament, Green, Dust) enclosing Rule 32
1993-07-05 Correspondence (sent by the Court) to, sent to Coady Filliter (Halifax, NS) c.c. Katherine L. Shadbolt (Perley-Robertson, etc) enclosing copy of Rule 32
1993-07-05 Order granting leave to appeal
1993-06-24 Notice of appeal, With service Quoc Dung Tran
1993-05-27 Judgment of the Court on the application for leave to appeal, CJ McL Ma, 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, CJ McL Ma
1993-05-27 All materials on application for leave submitted to the Judges, 1993-05-27, CJ McL Ma
1993-05-27 Notice of deposit of judgment issued to all parties, Perley-Robertson, Panet, Hill & McDougall (Ottawa, ON)
1993-05-27 Notice of deposit of judgment issued to all parties, Beament, Green, Dust (Ottawa, ON)
1993-02-23 All materials on application for leave submitted to the Judges, La McL Maj
1993-02-10 Application for leave to appeal, Completed on: 1993-02-10
1993-02-10 General proceeding, to note 5 copies of the C/A formal order Quoc Dung Tran
1993-02-05 Respondent's response on the application for leave to appeal, 5 copies, with service Her Majesty the Queen
1993-02-05 Correspondence received from, sent to Perley-Robertson (Ottawa,ON) Re: acknowledge receipt of application for leave to appeal. Regret to advise that material does not comply with the rules of this Court as Formal C/A judgment missing. Leave will not be referred until material compli
1993-01-19 Application for leave to appeal, 5 copies (Formal C/A order missing), with service, Incomplete Quoc Dung Tran
1992-12-17 Order on motion to extend the time to file and/or serve the leave application, With service
1992-12-15 Decision on motion to extend time to file and /or serve the leave application, to January, 22 1993, Ia
Granted, no order as to costs
1992-12-15 Hearing of motion to extend time to file and/ or serve the leave application, 1992-12-15, to January, 22 1993, Ia
1992-12-15 Submission of motion to extend time to file and/ or serve the leave application, 1992-12-15, to January, 22 1993, Ia
1992-12-03 $30.00 filing fee, #26271 Quoc Dung Tran
1992-12-03 Correspondence received from, of Robert E. Lutes to advise that the Crown takes no objection for an extension of time to serve and file the application for leave to appeal Her Majesty the Queen
1992-12-03 Affidavit, (of Kevin Coady) 2 copies Quoc Dung Tran
1992-12-03 Motion to extend the time to file and or serve the application for leave to appeal, to February 10, 1992 (2 copies) Quoc Dung Tran
1992-10-16 $30.00 filing fee, #26037 Quoc Dung Tran
1992-10-16 Notice of application for leave to appeal, 5 copies, with service Quoc Dung Tran

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
Tran, Quoc Dung Applicant Active

v.

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

Counsel

Party: Tran, Quoc Dung

Counsel
Names
Kevin G. Coady
Marguerite J. MacNeil
Contact information
Coady Filliter
208 - 5880 SPRING GARDEN RD
HALIFAX, Nova Scotia
B3H 1Y1
Telephone: (902) 429-6264
FAX: (902) 423-3044
Agent
Name
Katherine L. Shadbolt
Contact information
Perley-Robertson, Panet, Hill & McDougall
830 - 99 Bank St
Ottawa, Ontario
K1P 6C1
Telephone: (613) 238-2022
FAX: (613) 238-8775

Party: Her Majesty the Queen

Counsel
Name
Robert E. Lutes, Q.C.
Contact information
Attorney General of Nova Scotia
5151 TERMINAL RD 3RD FL
PO BOX 7
HALIFAX, Nova Scotia
B3J 2L6
Telephone: (902) 424-8995
FAX: (902) 424-0653
Agent
Name
Stephen J. Grace
Contact information
Beament, Green, Dust
155 Queen St
14th Fl
Ottawa, Ontario
K1P 6L1
Telephone: (613) 238-2229
FAX: (613) 238-2371

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

September 22, 1992
Nova Scotia Court of Appeal

NO. 02629

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