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.
23435
Henri Daviault v. Her Majesty the Queen
(Quebec) (Criminal) (As of Right)
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 | |
| 1994-11-10 | Correspondence (sent by the Court) to, envoyé à la Cour d'appel du QC (Montreal, QC) avec leur dossier joint | |
| 1994-11-09 | Formal judgment sent to the registrar of the court of appeal and all parties, Quebec (Montreal) | |
| 1994-11-09 | Copy of formal judgment being prepared, Noël, Berthiaume | |
| 1994-10-03 | Notice of deposit of judgment sent to all parties, Noël, Berthiaume (Hull, QC) | |
| 1994-09-30 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed, the order of the Court of Appeal is set aside and a new trial is directed. Sopinka, Gonthier and Major JJ. dissenting. Allowed, no order as to costs |
|
| 1994-02-14 | Proof of service, of the appellant's book of authorities | |
| 1994-02-11 | General proceeding, transcripts received and distributed to the judges (58 pages) | |
| 1994-02-04 |
Hearing of the appeal, 1994-02-04, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1994-02-02 | Book of authorities, 10 copies | Henri Daviault |
| 1994-02-01 | Correspondence (sent by the Court) to, from Noel, Berthiaume re: duration of argument | |
| 1994-02-01 | Correspondence (sent by the Court) to, from Noel, Berthiaume re: duration of argument | |
| 1994-01-07 |
Appeal hearing scheduled, 1994-02-04 Decision reserved |
|
| 1993-12-15 | Order on motion to extend time, pour produire le mémoire de l'intimée au 17 déc/93 | |
| 1993-12-08 |
Decision on motion to extend time, to file respondent's factum to Dec. 17/93, Reg Granted, no order as to costs |
|
| 1993-12-08 | Hearing of motion to extend time, 1993-12-08, to file respondent's factum to Dec. 17/93, Reg | |
| 1993-12-08 | Submission of motion to extend time, 1993-12-08, to file respondent's factum to Dec. 17/93, Reg | |
| 1993-12-07 | Respondent's factum, 24 copies, avec signification | Her Majesty the Queen |
| 1993-11-24 | Affidavit, to file the respondent's factum to December 17, 93 (Claude Provost) (1 copy) | Her Majesty the Queen |
| 1993-11-24 | Motion to extend time, to file the respondent's factum to December 17, 1993 (1 copy) | Her Majesty the Queen |
| 1993-11-15 | Appeal perfected for hearing, Session beginning on 1994-01-24 | |
| 1993-10-26 | Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, on condition that it's heard in the Jan. 1994 term | |
| 1993-09-28 | Proof of service, of the appellant's factum (1 copy) | |
| 1993-09-21 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, sur condition que l'appel soit entendu le plus tard le terme de jan. 1994, CJ Granted, no order as to costs |
|
| 1993-09-21 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1993-09-21, sur condition que l'appel soit entendu le plus tard le terme de jan. 1994, CJ | |
| 1993-09-21 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1993-09-21, sur condition que l'appel soit entendu le plus tard le terme de jan. 1994, CJ | |
| 1993-09-20 | Appellant's factum, 23 copies | Henri Daviault |
| 1993-09-17 | Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause | Her Majesty the Queen |
| 1993-09-14 | Affidavit, (1 copy), avec signification | Henri Daviault |
| 1993-09-14 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, (1 copy), avec signification | Henri Daviault |
| 1993-07-15 | Order on motion to extend time | |
| 1993-07-15 |
Decision on motion to extend time, to serve and file the appellant's factum to September 18/93, Reg Granted, no order as to costs |
|
| 1993-07-15 | Hearing of motion to extend time, 1993-07-15, to serve and file the appellant's factum to September 18/93, Reg | |
| 1993-07-15 | Submission of motion to extend time, 1993-07-15, to serve and file the appellant's factum to September 18/93, Reg | |
| 1993-07-14 | Response to motion to extend time, to file the appellant's factum to Sept. 18/93 (by fax) | Her Majesty the Queen |
| 1993-07-14 | Affidavit, to file and serve the appellant's factum to September 18, 1993; Giuseppe Battista | Henri Daviault |
| 1993-07-14 | Motion to extend time, to file and serve the appelant's factum to September 18, 1993 | Henri Daviault |
| 1993-05-25 | Appeal court record, from C.A. of Montréal (1 accordion) | |
| 1993-05-25 | Certified casebook, (1 copy), avec signification | Henri Daviault |
| 1993-05-18 | Case on appeal, 23 copies | Henri Daviault |
| 1993-04-08 | Correspondence (sent by the Court) to, sent to Substitut du Procureur général (Montréal, QC) re: Notice of Appeal has been filed and Rule 32 sent | |
| 1993-04-08 | Correspondence (sent by the Court) to, sent to Shadley, Melançon & Boro (Montréal, QC) re: Notice of Appeal has been filed and Rule 32 sent | |
| 1993-03-01 | Proof of service, of Notice of Appeal | |
| 1993-02-26 | $30.00 filing fee, receipt #26660 | Henri Daviault |
| 1993-02-26 | General proceeding, 1 copy of judgment of C.A. | Henri Daviault |
| 1993-02-26 | Notice of appeal, 2 copies | Henri Daviault |
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 |
|---|---|---|
| Daviault, Henri | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Daviault, Henri
Counsel
2440 - 630 BOUL RENÉ-LÉVESQUE O
MONTRÉAL, Quebec
H3B 1S6
Telephone: (514) 866-4043
FAX: (514) 866-8719
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Her Majesty the Queen
Counsel
4.100 - 1 RUE NOTRE-DAME E
MONTRÉAL, Quebec
H2Y 1B6
Telephone: (514) 393-2703
FAX: (514) 873-9895
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
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
Superior Court of Quebec
500-01-016527-894
acquittement: agression sexuelle
Court of Appeal of Quebec (Montréal)
500-10-000170-918
appel accueilli
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