Case information
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23385
Her Majesty the Queen v. M.L.M.
(Nova Scotia) (Criminal) (As of Right)
(Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1995-09-25 | Close file on Leave | |
| 1995-01-25 | Appeal closed | |
| 1994-07-25 | Correspondence (sent by the Court) to, sent to Prothonotary's Office (Halifax, NS) enclosing their record | |
| 1994-07-14 | Correspondence (sent by the Court) to, sent to Court of Appeal of NS enclosing their record | |
| 1994-05-18 | Copy of formal judgment being prepared, Nelligan, Power (Ottawa, ON) | |
| 1994-05-18 | Copy of formal judgment being prepared, Scott & Aylen (Ottawa, ON) | |
| 1994-05-18 | Copy of formal judgment on leave being prepared, Beament, Green, Dust (Ottawa, ON) | |
| 1994-05-12 | Formal judgment sent to the registrar of the court of appeal and all parties, Nova Scotia | |
| 1994-05-03 |
Judgment on the appeal rendered, C/A judgment set aside, conviction restored, CJ LaF L'HD So G Co McL Ia Ma Allowed, no order as to costs |
|
| 1994-05-03 | Hearing of the appeal, 1994-05-03, C/A judgment set aside, conviction restored, CJ LaF L'HD So G Co McL Ia Ma | |
| 1994-04-28 | Correspondence (sent by the Court) to, from Jane McClure re: duration of argument | |
| 1994-04-27 | Appeal hearing | |
| 1994-04-26 | Appeal removed from the list | |
| 1994-04-25 | Book of authorities, 10 copies | Women's Legal Education and Action Fund (LEAF) |
| 1994-04-25 | Correspondence (sent by the Court) to, of Chantal Tie re: duration of argument | |
| 1994-04-22 | Correspondence (sent by the Court) to, of Stephen J. Grace (Beament Green) re duration of argument | |
| 1994-04-19 | Book of authorities, JOINT 10 copies | Her Majesty the Queen |
| 1994-04-15 | Notice of hearing, (1 copy), with service | Her Majesty the Queen |
| 1994-04-14 | Correspondence (sent by the Court) to, from Weldon, Beller re: names of counsel appearing at the hearing of the appeal | |
| 1994-04-13 | Correspondence (sent by the Court) to, of Chantal Tie (South Ottawa Community Legal Services) dated April 11, 1994 to advise the Court that LEAF will not relying on paragraph 11 of the factum filed by them as intervenors in this appeal sent to CJ LaF L'HD So G Co McL I Ma, Apr 13/94 | |
| 1994-04-05 | Order on motion to extend time, to file the factum to March 24/94 | |
| 1994-03-31 | Correspondence (sent by the Court) to, of Chantal Tie (South Ottawa Community Legal Services) to advise the Court of their phone number (733-0140) | |
| 1994-03-31 |
Decision on motion to extend time, to file the factum to March 24/94, with service, McL Granted, no order as to costs |
|
| 1994-03-31 | Hearing of motion to extend time, 1994-03-31, to file the factum to March 24/94, with service, McL | |
| 1994-03-31 | Submission of motion to extend time, 1994-03-31, to file the factum to March 24/94, with service, McL | |
| 1994-03-30 | Appeal hearing scheduled, 1994-05-03 | |
| 1994-03-29 | Response to motion to extend time, to file the LEAF's factum to March 24/94 | M.L.M. |
| 1994-03-29 | Affidavit, to file the factum to March 24/94; Colleen Albiston, with service | Women's Legal Education and Action Fund (LEAF) |
| 1994-03-29 | Motion to extend time, to file the factum to March 24/94, with service | Women's Legal Education and Action Fund (LEAF) |
| 1994-03-24 | Motion to withdraw as solicitor, (Chantal Tie and Jean Whalen has been appointed as solicitors of record), with service | Women's Legal Education and Action Fund (LEAF) |
| 1994-03-24 | Intervener's factum, 24 copies (SECOND MOTION FOR EXTENSION REQUESTED - Karen from Scott & Aylen advised on March 25, 94), with service | Women's Legal Education and Action Fund (LEAF) |
| 1994-03-24 | Response to motion to extend time, to file LEAF's factum to March 24/94 | Her Majesty the Queen |
| 1994-03-14 | Trial court record, (accordeon) | |
| 1994-03-09 | Trial court exhibits, 1 envelope containing photographs | |
| 1994-02-09 | Respondent's factum, 25 copies (See order of Jan 13/94), with service | M.L.M. |
| 1994-01-13 | Order on motion to extend time, to file respondent's factum to Feb 9/94 | |
| 1994-01-13 |
Decision on motion to extend time, to file respondent's factum to Feb 9/94, DeRg Granted, no order as to costs |
|
| 1994-01-13 | Hearing of motion to extend time, 1994-01-13, to file respondent's factum to Feb 9/94, DeRg | |
| 1994-01-13 | Submission of motion to extend time, 1994-01-13, to file respondent's factum to Feb 9/94, DeRg | |
| 1994-01-12 | Appeal perfected for hearing, Session beginning on 1994-04-25 | |
| 1994-01-12 | Response to motion to extend time, to serve and file the respondent's factum to Feb 9/94 | Her Majesty the Queen |
| 1994-01-12 | Affidavit, to serve and file the factum to Feb 9/94; M. Jane McClure, with service | M.L.M. |
| 1994-01-12 | Motion to extend time, to serve and file the factum to Feb 9/94, with service | M.L.M. |
| 1993-11-17 | Appellant's factum, 23 copies, with service | Her Majesty the Queen |
| 1993-11-12 | Order on motion for leave to intervene | |
| 1993-11-09 |
Decision on the motion for leave to intervene, LaF, on the following conditions: 1. The intervenant shall be limited to filing a single factum of not more than twenty pages to be filed within two weeks of the filing of the Respondent's factum; and 2. At the hearing of the appeal, representations to the Court on behalf of the intervenant shall not exceed twenty minutes in duration Granted, no order as to costs |
|
| 1993-11-09 | Hearing of motion for leave to intervene, 1993-11-09, LaF | |
| 1993-11-09 | Submission of motion for leave to intervene, 1993-11-09, LaF | |
| 1993-11-01 | Correspondence (sent by the Court) to, from Nelligan Power re: discussing the possibility of a consent order to LEAF's intervention | |
| 1993-10-15 | Response to the motion for leave to intervene, of Women's Legal Education and Action Fund (LEAF) | Her Majesty the Queen |
| 1993-10-15 | Affidavit, 2 copies; Phillis Berck, with service | Women's Legal Education and Action Fund (LEAF) |
| 1993-10-15 | Motion for leave to intervene, 2 copies, with service | Women's Legal Education and Action Fund (LEAF) |
| 1993-09-14 | Certified casebook | Her Majesty the Queen |
| 1993-09-14 | Case on appeal, 23 copies | Her Majesty the Queen |
| 1993-07-05 | Correspondence (sent by the Court) to, sent to Weldon, Beeler, Mont & Dexter (Dartmouth, NS) c.c. Mark Edwards (Nelligan, Power) enclosing copy of Rule 32 | |
| 1993-07-05 | Correspondence (sent by the Court) to, sent to A.G. of N.S. (Halifax, NS) c.c. Stephen Grace (Beament, Green, Dust) enclosing copy of Rule 32 | |
| 1993-06-18 | Notice of appeal | Her Majesty the Queen |
| 1993-06-16 | Discontinuance of the motion to quash, With service | M.L.M. |
| 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, Beament, Green, Dust (Ottawa, ON) | |
| 1993-05-27 | Notice of deposit of judgment issued to all parties, Nelligan, Power (Ottawa, ON) | |
| 1993-05-11 | Correspondence received from, sent to Weldon, Beeler, Mont & Dexter (Dartmouth, NS) from C. Alain re: application to quash | |
| 1993-05-03 | Correspondence received from, from Weldon, Beeler, Mont & Dexter (Dartmouth, NS) re: motion brought by the Respondent to quash the Notice of Appeal | |
| 1993-04-08 | Correspondence received from, sent to Weldon, Beeler, Mont & Dexter (Dartmouth, NS) Re: Notice of Appeal has been filed and Rule 32 sent | |
| 1993-04-08 | Correspondence received from, sent to Attorney General of Nova Scotia (Halifax), (NS) re: Notice of Appeal as been filed and Rule 32 sent | |
| 1993-03-31 | All materials on application for leave submitted to the Judges, CJ McL Maj | |
| 1993-03-26 | Respondent's response on the application for leave to appeal, 5 copies, with service | M.L.M. |
| 1993-03-18 | Motion to quash, With service | M.L.M. |
| 1993-03-09 |
Decision on motion to extend time, to serve and file the respondent's response to Mar 26/93, Reg Granted, no order as to costs |
|
| 1993-03-09 | Hearing of motion to extend time, 1993-03-09, to serve and file the respondent's response to Mar 26/93, Reg | |
| 1993-03-09 | Submission of motion to extend time, 1993-03-09, to serve and file the respondent's response to Mar 26/93, Reg | |
| 1993-03-08 | Affidavit, to serve and file the response to Mar 26/93; M. Jane McClure, with service | M.L.M. |
| 1993-03-08 | Response to motion to extend time, to serve and file the respondent's response to Mar 26/93 | Her Majesty the Queen |
| 1993-03-08 | Motion to extend time, to serve and file the response to March 26/93, with service | M.L.M. |
| 1993-02-19 | Application for leave to appeal, 5 copies (service included in tab 1 of the applica tion book), with service, Completed on: 1993-02-19 | Her Majesty the Queen |
| 1993-02-08 | Affidavit, to serve and file the response to March 26/93., of M. Jane McClure, with service | M.L.M. |
| 1993-01-19 | $30.00 filing fee, receipt #26433 | Her Majesty the Queen |
| 1993-01-19 | Notice of appeal, With service | 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 |
|---|---|---|
| M.L.M. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Women's Legal Education and Action Fund (LEAF) | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Robert C. Hagell
1400 - 5251 DUKE ST
HALIFAX, Nova Scotia
B3J 1P3
Telephone: (902) 426-3260
Agent
47 Clarence St
Suite 204
Ottawa, Ontario
K1N 9K1
Telephone: (613) 241-3400
FAX: (613) 241-8555
Party: M.L.M.
Counsel
19 PORTLAND ST
DARTMOUTH, Nova Scotia
B2Y 1H1
Telephone: (902) 469-2421
FAX: (902) 463-4452
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Party: Women's Legal Education and Action Fund (LEAF)
Counsel
406 - 1355 Bank St
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401
Agent
1000 - 60 Queen Street
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
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
County Court of Nova Scotia
12148
Conviction: sexual assault
Nova Scotia Court of Appeal
x
Respondent's appeal against conviction allowed
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.
Downloadable PDFs
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Related links
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.
Downloadable PDFs
Not available