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23734

Eric Ralph Biddle 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)
1995-08-21 Appeal closed
1995-08-21 Close file on Leave
1995-03-23 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1995-03-23 Copy of formal judgment being prepared, Burke-Robertson
1995-03-23 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1995-03-02 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed, the convictions are quashed and a new trial is ordered, L'Heureux-Dubé J. dissenting.
Allowed, no order as to costs
1995-03-02 Notice of deposit of judgment sent to all parties, Burke-Robertson
1995-03-02 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1994-10-26 General proceeding, transcripts received and distributed to the judges (81 pages)
1994-10-14 Respondent's argument on the motion to adduce new evidence, 10 copies of OUTLINE OF RESPONDENT'S ARGUMENT ON THE MOTION TO INTRODUCE FRESH EVIDENCE (GIVEN IN COURT BY THE RESPONDENT) - book form Her Majesty the Queen
1994-10-14 Hearing of the appeal, 1994-10-14, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1994-10-14 Decision on motion to adduce new evidence, CJ LaF L'HD So G Co McL Ia Ma
Dismissed, no order as to costs
1994-10-14 Hearing of the motion to adduce new evidence, 1994-10-14, CJ LaF L'HD So G Co McL Ia Ma
1994-10-14 Submission of motion to adduce new evidence, 1994-10-14, CJ LaF L'HD So G Co McL Ia Ma
1994-10-11 Order on motion to extend time, to file the response to Sept 30/94
1994-10-07 Book of authorities, 10 copies of vol. 1 and 2 (JOINT) Her Majesty the Queen
1994-10-06 Decision on motion to extend time, to file the factum to Sept 30/94, Reg
Granted, no order as to costs
1994-10-06 Hearing of motion to extend time, 1994-10-06, to file the factum to Sept 30/94, Reg
1994-10-06 Submission of motion to extend time, 1994-10-06, to file the factum to Sept 30/94, Reg
1994-10-05 Response to motion to extend time, to file the respondent's factum to Sept. 30/94 Eric Ralph Biddle
1994-10-05 Affidavit, to file the factum to Sept. 30/94; Norman P. Farrell, with service Her Majesty the Queen
1994-10-05 Motion to extend time, to file the factum to Sept. 30/94, with service Her Majesty the Queen
1994-10-03 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1994-09-30 Respondent's factum, 24 copies (extension of time requested), with service Her Majesty the Queen
1994-09-28 Correspondence (sent by the Court) to, from Robert E. Houston, Q.C.; re: opposes the application of the applicant for an order admitting fresh evidence
1994-09-27 Correspondence (sent by the Court) to, from Karen Collins to M. Larmour re: the respondent is opposed to the application for the motion for fresh evidence (letter form)
1994-09-20 Affidavit, (of Michael McLachlan) 10 copies (TO BE HEARD AT THE HEARING OF THE APPEAL) sent to CJ LaF L'HD So G Co McL I Ma, Sept 21/94 Eric Ralph Biddle
1994-09-20 Motion to adduce new evidence, 10 copies (TO BE HEARD AT THE HEARING OF THE APPEAL) sent to CJ LaF L'HD So G Co McL I Ma, Sept 21/94 Eric Ralph Biddle
1994-09-12 Appeal hearing scheduled, 1994-10-14
Decision reserved
1994-09-09 Notice of hearing, (1 copy), with service Eric Ralph Biddle
1994-08-04 Appeal perfected for hearing, Session beginning on 1994-10-03
1994-07-15 Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause
1994-07-12 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 heard in the fall term, CJ
Granted, no order as to costs
1994-07-12 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-07-12, on condition that the appeal be heard in the fall term, CJ
1994-07-12 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-07-12, on condition that the appeal be heard in the fall term, CJ
1994-07-06 Proof of service, 1 copy of factum, with service
1994-07-05 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause Her Majesty the Queen
1994-07-05 Affidavit, Bruce Duncan Eric Ralph Biddle
1994-07-05 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause Eric Ralph Biddle
1994-06-30 Appellant's factum, 24 copies Eric Ralph Biddle
1994-06-15 Correspondence (sent by the Court) to, sent to Dunca, Fava, Scherbrucker (Toronto, ON) c.c. A.G. for ON / Gowling, Strathy / Burke- Robertson from C. Alain that if in default, to bring a motion to have the appeal not deemed abandoned.
1994-04-26 Certified casebook, vol. I & II (service admitted on April 19/94), with service Eric Ralph Biddle
1994-04-18 Case on appeal, 23 copies of vol. 1 and 2 Eric Ralph Biddle
1994-03-10 Order granting leave to appeal
1994-03-09 Correspondence (sent by the Court) to, sent to A.G. for Ontario (Toronto, ON) enclosing copy of Rule 32
1994-03-09 Correspondence (sent by the Court) to, sent to Duncan, Fava Schermbruncker (Toronto, ON) enclosing copy of Rule 32
1994-03-03 Notice of appeal, With service Eric Ralph Biddle
1994-02-11 Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON)
1994-02-11 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1994-02-10 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
1994-02-10 Hearing of the application for leave to appeal, 1994-02-10, LaF Co Ia
1994-02-10 All materials on application for leave submitted to the Judges, 1994-02-10, LaF Co Ia
1993-11-23 Order on motion to extend time, to file respondent's response to Nov 8/93
1993-11-18 Decision on motion to extend time, to file respondent's response to Nov 8/93, with service, Reg
Granted, no order as to costs
1993-11-18 Hearing of motion to extend time, 1993-11-18, to file respondent's response to Nov 8/93, with service, Reg
1993-11-18 Submission of motion to extend time, 1993-11-18, to file respondent's response to Nov 8/93, with service, Reg
1993-11-16 Response to motion to extend time, to serve & file a response Eric Ralph Biddle
1993-11-16 Affidavit, to serve & file a response, with service Her Majesty the Queen
1993-11-16 Motion to extend time, to serve & file a response, with service Her Majesty the Queen
1993-11-08 Respondent's response on the application for leave to appeal, 5 copies (extension of time requested) sent to LaF Co I, Nov. 18/93, with service Her Majesty the Queen
1993-10-20 All materials on application for leave submitted to the Judges, LaF Co I
1993-09-30 $30.00 filing fee, receipt no. 27599 Eric Ralph Biddle
1993-09-30 Application for leave to appeal, 5 copies, with service, Completed on: 1993-09-30 Eric Ralph Biddle

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
Biddle, Eric Ralph Applicant Active

v.

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

Counsel

Party: Biddle, Eric Ralph

Counsel
Bruce W. Duncan
56 TEMPERANCE ST
8TH FL
TORONTO, Ontario
M5H 3V5
Telephone: (416) 361-3133
Agent
Henry S. Brown, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Her Majesty the Queen

Counsel
Norman P. Farrell
Attorney General for Ontario
720 BAY ST
10TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4204
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

April 25, 1988
District Court of Ontario

x

conviction: 2 counts of assault causing bodily harm; 2 counts of choking with in

August 16, 1993
Court of Appeal for Ontario

C13263

appeal dismissed

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

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Date modified: 2025-05-13