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23623

Kenneth Bartle v. Her Majesty the Queen

(Ontario) (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)
1997-08-15 Appeal closed
1994-11-09 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1994-11-09 Copy of formal judgment being prepared, Burke-Robertson
1994-11-09 Copy of formal judgment being prepared, Nelligan, Power (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, L'Heureux-Dubé and Gonthier JJ. dissenting.
Allowed, no order as to costs
1994-09-29 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON)
1994-09-29 Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa, ON)
1994-03-15 General proceeding, transcripts received and distributed to the judges (176 pages) (JOINT WITH 23160-23178-23312)
1994-03-02 Hearing of the appeal, 1994-03-02, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1994-02-22 Book of authorities, 10 copies of vol. 1 and 2 (joint with 23642), with service Kenneth Bartle
1994-02-21 Respondent's factum, 24 copies, with service Her Majesty the Queen
1994-02-01 Appellant's factum, 24 copies, with service Kenneth Bartle
1994-01-14 Certified casebook, 1 copy, with service Kenneth Bartle
1994-01-07 Appeal hearing scheduled, 1994-03-02
Decision reserved
1993-12-22 Case on appeal, 23 copies Kenneth Bartle
1993-11-27 Appeal perfected for hearing, Session beginning on 1994-01-24
1993-10-19 Correspondence (sent by the Court) to, sent to Gold & Fuerst (Toronto, ON) c.c. Bayne, Sellar, Boxall enclosing Rule 32
1993-10-19 Correspondence (sent by the Court) to, sent to Crown Law Office (Toronto, ON) c.c. Robert Houston, enclosing Rule 32
1993-10-18 Notice of appeal, With service Kenneth Bartle
1993-10-14 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
1993-10-14 Hearing of the application for leave to appeal, 1993-10-14, LaF Co Ia
1993-10-14 All materials on application for leave submitted to the Judges, 1993-10-14, LaF Co Ia
1993-10-14 Notice of deposit of judgment issued to all parties, Bayne, Sellar, Boxall (Ottawa, ON)
1993-10-14 Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON)
1993-08-13 All materials on application for leave submitted to the Judges, LaF Co I
1993-08-10 Application for leave to appeal, (as filing fee received) (to be sent with 23642), Completed on: 1993-08-10
1993-08-10 $30.00 filing fee, receipt no. 27383 Kenneth Bartle
1993-08-06 Respondent's response on the application for leave to appeal, 5 copies, with service Her Majesty the Queen
1993-08-05 Correspondence received from, sent to Bayne, Sellar, Boxall (Ottawa, ON) re: appl. for leave to appeal missing filing fee
1993-07-29 Application for leave to appeal, 5 copies (no filing fee) (to be sent with 23642), with service, Incomplete Kenneth Bartle
1993-06-18 Order issued on motion for a stay of execution, With service
1993-06-18 Decision on the motion for a stay of execution, Co, The stay is granted on the following conditions. 1. The memorandum of the applicant on the leave to appeal application is to be filed and served by the 31 of July. 2. Time is to run during the summer months so that the time for filing and serving the memorandum of the Crown respondent will run from July 31 1993. 3. The application is there after to be perfected as expeditiously as possible.
Granted, no order as to costs
1993-06-18 Hearing of motion for a stay of execution, 1993-06-18, Co
1993-06-18 Submission of motion for a stay of execution, 1993-06-18, Co
1993-06-14 Other documents on motion for a stay of execution, affidavit of Kenneth Bartle,, with service
1993-06-14 Motion for a stay of execution, With service Kenneth Bartle

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
Bartle, Kenneth Applicant Active

v.

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

Counsel

Party: Bartle, Kenneth

Counsel
Alan D. Gold
Gold & Fuerst
210 - 20 Adelaide St Est
Toronto, Ontario
M5C 2T6
Telephone: (416) 368-1726
FAX: (416) 368-6811
Agent
J.J. Mark Edwards
Nelligan Power
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Her Majesty the Queen

Counsel
Ian R. Smith
Attorney General for Ontario
720 BAY ST
10TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4605
FAX: (416) 326-4656
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

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 14, 1992
Ontario Court of Justice (General Division)

A/1897/91

appeal allowed

May 28, 1993
Court of Appeal for Ontario

C13305

appeal 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

Not available

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

Webcasts

Not available.

Date modified: 2025-05-13