Case information
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23749
Her Majesty the Queen v. David Gordon Barrett
(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) |
|---|---|---|
| 1995-08-18 | Close file on Leave | |
| 1995-07-12 | Record returned to the Registrar of the Court of Appeal | |
| 1995-07-11 | Correspondence (sent by the Court) to, sent to Ontario Court (GD) (Toronto, ON) enclosing their record (1 env.) | |
| 1995-04-04 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1995-04-04 | Copy of formal judgment being prepared, Burke-Robertson | |
| 1995-04-04 | Copy of formal judgment being prepared, Shore, Davis & Perkins-McVey (Ottawa, ON) | |
| 1995-02-22 |
Judgment on the appeal rendered, C.A. judgment set aside, conviction restored, CJ L'HD Co McL Ia Allowed, no order as to costs |
|
| 1995-02-22 | Hearing of the appeal, 1995-02-22, C.A. judgment set aside, conviction restored, CJ L'HD Co McL Ia | |
| 1995-02-14 | Reply factum on appeal, 24 copies (motion requested - Karen will file this motion shortly), with service | Her Majesty the Queen |
| 1995-02-13 | Book of authorities, 10 copies of vol. 1 and 2 | David Gordon Barrett |
| 1995-02-13 | Respondent's factum, 24 copies, with service | David Gordon Barrett |
| 1995-01-18 | Correspondence (sent by the Court) to, from Robert E. Houston, Q.C.; re: Renee Pomerance will take 1 hour for submissions | |
| 1995-01-17 | Order on motion to extend time, to file the factum to Jan 9/95 | |
| 1995-01-13 | Correspondence (sent by the Court) to, from Burke-Robertson; re: page 8 to be replaced in the appellant's factum, sent to CJ L'HD Co McL I, Jan 17/95 | |
| 1995-01-13 | Book of authorities, 10 copies of vols. 1 and 2, with service | Her Majesty the Queen |
| 1995-01-13 | Appeal hearing scheduled, 1995-02-22 | |
| 1995-01-12 |
Decision on motion to extend time, to file the factum to Jan 9/95, Reg Granted, no order as to costs |
|
| 1995-01-12 | Hearing of motion to extend time, 1995-01-12, to file the factum to Jan 9/95, Reg | |
| 1995-01-12 | Submission of motion to extend time, 1995-01-12, to file the factum to Jan 9/95, Reg | |
| 1995-01-09 | Response to motion to extend time, to file the appellant's factum to Jan. 9/95 | David Gordon Barrett |
| 1995-01-09 | Affidavit, to file the appelant's factum to Jan. 9/95 (of Renee M. Pomerance), with service | Her Majesty the Queen |
| 1995-01-09 | Motion to extend time, to file the appellant's factum to Jan. 9/95, with service | Her Majesty the Queen |
| 1995-01-09 | Appellant's factum, 24 copies, with service | Her Majesty the Queen |
| 1994-11-29 | Appeal perfected for hearing, Session beginning on 1995-01-23 | |
| 1994-10-11 | Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause | |
| 1994-10-05 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, on condition the appeal be ready to be prosecuted during the January term, CJ Granted, no order as to costs |
|
| 1994-10-05 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-10-05, on condition the appeal be ready to be prosecuted during the January term, CJ | |
| 1994-10-05 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-10-05, on condition the appeal be ready to be prosecuted during the January term, CJ | |
| 1994-09-23 | Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (Shore, Davis, Perkins-McVey) - 1 copy | David Gordon Barrett |
| 1994-09-22 | Affidavit, of Renee M. Pomerance (1 copy), with service | Her Majesty the Queen |
| 1994-09-22 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, (1 copy), with service | Her Majesty the Queen |
| 1994-09-13 |
Decision on motion to extend time, to file case on appeal to Sept 12/94, Reg Granted, no order as to costs |
|
| 1994-09-13 | Hearing of motion to extend time, 1994-09-13, to file case on appeal to Sept 12/94, Reg | |
| 1994-09-13 | Submission of motion to extend time, 1994-09-13, to file case on appeal to Sept 12/94, Reg | |
| 1994-09-12 | Response to motion to extend time, to file the Case on Appeal to Sept. 12/94 | David Gordon Barrett |
| 1994-09-12 | Affidavit, to file the Case on Appeal to Sept. 12/94 (of Renee M. Pomerance), with service | Her Majesty the Queen |
| 1994-09-12 | Motion to extend time, to file the Case on Appeal to Sept. 12/94, with service | Her Majesty the Queen |
| 1994-09-12 | Certified casebook, vol. I to V, with service | Her Majesty the Queen |
| 1994-09-12 | Case on appeal, 23 copies of vol. I to V | Her Majesty the Queen |
| 1994-09-02 | Correspondence (sent by the Court) to, sent to Department of Justice (Toronto, ON) re: subsection 695(2) of the Criminal Code of Canada c.c. Greenspan, Humphrey, Burke-Robertson and Shore, Davis & Perkins-McVey | |
| 1994-07-14 | Trial court record, 1 box (joint with C/A record) | |
| 1994-07-14 | Appeal court record, 1 box (joint with Trial record) | |
| 1994-07-12 | Trial court exhibits, 1 accordion file to be sent back to Ontario Court (General Division) Room 241, 361 University Ave. Toronto, Ont. M5G 1T3 | |
| 1994-06-13 | Correspondence (sent by the Court) to, sent to A.G. of ON (Toronto, ON) c.c. Burke- Robertson from C. Alain enclosing copy of Rule 32 | |
| 1994-06-13 | Correspondence (sent by the Court) to, sent to Greenspan, Humphrey (Toronto, ON) from C. Alain enclosing copy of Rule 32 | |
| 1994-05-27 | Notice of appeal, With service | Her Majesty the Queen |
| 1994-04-29 | Order granting leave to appeal | |
| 1994-04-29 | Notice of deposit of judgment issued to all parties, Shore, Davis & Perkins-McVey (Ottawa, ON) | |
| 1994-04-29 | Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON) | |
| 1994-04-28 |
Judgment of the Court on the application for leave to appeal, CJ Co Ia, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1994-04-28 | Hearing of the application for leave to appeal, 1994-04-28, CJ Co Ia | |
| 1994-04-28 | All materials on application for leave submitted to the Judges, 1994-04-28, CJ Co Ia | |
| 1993-11-02 | All materials on application for leave submitted to the Judges, CJ Co I | |
| 1993-10-22 | Respondent's response on the application for leave to appeal, 5 copies, with service | David Gordon Barrett |
| 1993-10-20 | Correspondence received from, from B.G. Barrowman; re: pages 88 and 93 to be replaced in the leave book | Her Majesty the Queen |
| 1993-10-19 | Correspondence received from, sent to Burke-Robertson (Ottawa, ON) c.c. Lisa A. Silver, enclosing receipt for filing fee | |
| 1993-10-08 | $30.00 filing fee, receipt no. 27658 | Her Majesty the Queen |
| 1993-10-08 | Application for leave to appeal, 5 copies, with service, Completed on: 1993-10-08 | 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 |
|---|---|---|
| Barrett, David Gordon | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
720 BAY ST
10TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4603
FAX: (416) 326-4656
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Barrett, David Gordon
Counsel
2714 - 130 ADELAIDE ST W
TORONTO, Ontario
M5H 3P5
Telephone: (416) 868-1755
FAX: (416) 868-1990
Agent
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
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
District Court of Ontario
x
conviction: ten counts of robbery
Court of Appeal for Ontario
870/90
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
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