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.
23642
Walter Pozniak 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.
| 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 (Ottawa, ON) | |
| 1994-11-09 | Copy of formal judgment being prepared, Karam, Greenspon (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 substituted, 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, Karam, Greenspon (Ottawa, ON) | |
| 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 23623), with service | Walter Pozniak |
| 1994-02-21 | Respondent's factum, 24 copies, with service | Her Majesty the Queen |
| 1994-02-03 | Appellant's factum, 24 copies, with service | Walter Pozniak |
| 1994-01-18 | Certified casebook, (1 copy), with service | Walter Pozniak |
| 1994-01-07 | Case on appeal, 23 copies | Walter Pozniak |
| 1994-01-07 |
Appeal hearing scheduled, 1994-03-02 Decision reserved |
|
| 1993-11-27 | Appeal perfected for hearing, Session beginning on 1994-01-24 | |
| 1993-11-18 | Correspondence (sent by the Court) to, of Anil K. Kapoor to advise the Court that he will not be filing a Notice of Constitutional Question in this case | |
| 1993-11-09 | Correspondence (sent by the Court) to, sent to Ministry of the Attorney General (Toronto, ON) enclosing copy of Rule 32 | |
| 1993-11-09 | Correspondence (sent by the Court) to, sent to Mr. Anil K. Kapoor (Toronto, ON) enclosing copy of Rule 32 | |
| 1993-11-05 | Notice of appeal, With service | Walter Pozniak |
| 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, Karam, Greenspon (Ottawa, ON) | |
| 1993-10-14 | Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON) | |
| 1993-10-12 | Order on motion to extend time, to file it's factum to Sept 23/93 | |
| 1993-10-07 |
Decision on motion to extend time, to serve & file their response to Sept 23/93, with service, Co Granted, no order as to costs |
|
| 1993-10-07 | Hearing of motion to extend time, 1993-10-07, to serve & file their response to Sept 23/93, with service, Co | |
| 1993-10-07 | Submission of motion to extend time, 1993-10-07, to serve & file their response to Sept 23/93, with service, Co | |
| 1993-10-04 | Response to motion to extend time, to file the respondent's response (1 copy) | Walter Pozniak |
| 1993-09-30 | Affidavit, to file the response to Sept. 23/93; Ian R. Smith, with service | Her Majesty the Queen |
| 1993-09-30 | Motion to extend time, to file the response to Sept. 23/93, with service | Her Majesty the Queen |
| 1993-09-23 | Respondent's response on the application for leave to appeal, 5 copies, with service | Her Majesty the Queen |
| 1993-08-13 | All materials on application for leave submitted to the Judges, LaF Co I | |
| 1993-08-06 | Application for leave to appeal, as C/A order filed (to be sent with 23623), Completed on: 1993-08-06 | |
| 1993-08-06 | General proceeding, to note 5 copies of the formal C/A order | Walter Pozniak |
| 1993-07-30 | Application for leave to appeal, 5 copies (formal C/A order missing) (to be sent with 23623), with service, Incomplete | Walter Pozniak |
| 1993-07-05 | Order issued on motion for a stay of execution | |
| 1993-06-25 |
Decision on the motion for a stay of execution, Co, 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 July 31st 1993; 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 31st, 1993; 3. The application is to be perfected as expeditiously as possible. Granted, no order as to costs |
|
| 1993-06-25 | Hearing of motion for a stay of execution, 1993-06-25, Co | |
| 1993-06-25 | Submission of motion for a stay of execution, 1993-06-25, Co | |
| 1993-06-23 | Correspondence received from, sent to Judge Chadwick (Court House, Ottawa, ON) by Fax, from C. Alain, c.c. Lawrence Greenspon, re: Mr. Greenspons's motion for stay of execution has been set down for hearing before a Judge of this Court on Friday June 25/93 at 9:30 a.m. | |
| 1993-06-22 | Correspondence received from, of Mr. Justice Chadwick to have the motion of Mr. Greenspon heard as early as possible on Friday. | |
| 1993-06-22 | Other documents on motion for a stay of execution, AFFIDAVIT OF WALTER POZNIAK SWORN THE 4TH OF JUNE, 1993 | |
| 1993-06-22 | Motion for a stay of execution, RETURNABLE JUNE 25, 1993 | Walter Pozniak |
| 1993-06-15 | Notice of application for leave to appeal, (AMENDED) - 2 COPIES, with service | Walter Pozniak |
| 1993-06-04 | $30.00 filing fee, receipt no. 27148 | Walter Pozniak |
| 1993-06-04 | Notice of application for leave to appeal, (2 copies), with service | Walter Pozniak |
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 |
|---|---|---|
| Pozniak, Walter | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Pozniak, Walter
Counsel
Anil K. Kapoor
Toronto, Ontario
M5C 2T6
Telephone: (416) 363-2700
FAX: (416) 368-6811
Email: akk@20adelaide.com
Agent
301 Elgin Street
Ottawa, Ontario
K2P 2N9
Telephone: (613) 232-4546
FAX: (613) 232-8229
Party: Her Majesty the Queen
Counsel
720 BAY ST
10TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4605
FAX: (416) 326-4656
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
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
Ontario Court of Justice (General Division)
3876/92
appeal allowed
Court of Appeal for Ontario
x
appeal allowed
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