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.
23815
Lawrence Hibbert 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) |
|---|---|---|
| 1995-08-21 | Appeal closed | |
| 1995-08-21 | Close file on Leave | |
| 1995-08-16 | Record returned to the Registrar of the Court of Appeal | |
| 1995-08-14 | Copy of formal judgment being prepared, Shore, Davis & Perkins-McVey (Ottawa, ON) | |
| 1995-08-14 | Copy of formal judgment on leave being prepared, Burke-Robertson | |
| 1995-08-11 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1995-07-21 | Notice of deposit of judgment sent to all parties, Shore, Davis & Perkins-McVey (Ottawa, ON) | |
| 1995-07-21 | Notice of deposit of judgment sent to all parties, Burke-Robertson | |
| 1995-07-20 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed, the appellant's conviction is set aside, and a new trial is ordered. Allowed, no order as to costs |
|
| 1995-02-08 | General proceeding, transcripts received and distributed to the judges (89 pages) | |
| 1995-01-30 |
Hearing of the appeal, 1995-01-30, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1995-01-24 |
Decision on motion to extend time, to file the factum to Jan 6/95, Reg Granted, no order as to costs |
|
| 1995-01-24 | Hearing of motion to extend time, 1995-01-24, to file the factum to Jan 6/95, Reg | |
| 1995-01-24 | Submission of motion to extend time, 1995-01-24, to file the factum to Jan 6/95, Reg | |
| 1995-01-20 | Response to motion to extend time, of Shore, Davis (to file the respondent's factum to Jan. 6/95) | Lawrence Hibbert |
| 1995-01-20 | Book of authorities, 10 copies of vol. 1 and 2 (joint) | Lawrence Hibbert |
| 1995-01-19 | Correspondence (sent by the Court) to, from Robert E. Houston, Q.C.; re: Gary Trotter will take 1 hour for his submissions | |
| 1995-01-19 | Affidavit, of Gary T. Trotter (re: motion to extend the time to file the respondent's factum to Jan. 6/95), with service | Her Majesty the Queen |
| 1995-01-19 | Motion to extend time, to file the respondent's factum to Jan. 6/95, with service | Her Majesty the Queen |
| 1995-01-13 |
Appeal hearing scheduled, 1995-01-30 Decision reserved |
|
| 1995-01-06 | Respondent's factum, 24 copies (extenson of time requested) (24 new copies received on Jan 11/95 with correction on pagination), with service | Her Majesty the Queen |
| 1995-01-06 | Appeal court record, (1 copy) | |
| 1994-09-30 | Appeal perfected for hearing, Session beginning on 1995-01-23 | |
| 1994-09-09 | Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause | |
| 1994-09-08 |
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 prosecuted during the January session, CJ Granted, no order as to costs |
|
| 1994-09-08 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-09-08, on condition that the appeal be prosecuted during the January session, CJ | |
| 1994-09-08 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-09-08, on condition that the appeal be prosecuted during the January session, CJ | |
| 1994-09-06 | Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause | Her Majesty the Queen |
| 1994-09-06 | Affidavit, of Timothy E. Breen | Lawrence Hibbert |
| 1994-09-06 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause | Lawrence Hibbert |
| 1994-08-31 | Correspondence (sent by the Court) to, sent to Rosen, Fleming (Toronto, ON) c.c. A.G. for ON, Shore, Davis & Perkins-McVey and Robert Houston, Q.C. re: show cause on Oct 3/94 at 9:30 a.m. | |
| 1994-08-05 | Appellant's factum, 24 copies, with service | Lawrence Hibbert |
| 1994-06-21 |
Decision on motion for directions, as to whether or not it is necessary to state a Constitutional Question and there is no need, with service, CJ Granted, no order as to costs |
|
| 1994-06-21 | Hearing of motion for directions, 1994-06-21, as to whether or not it is necessary to state a Constitutional Question and there is no need, with service, CJ | |
| 1994-06-21 | Submission of motion for directions, 1994-06-21, as to whether or not it is necessary to state a Constitutional Question and there is no need, with service, CJ | |
| 1994-06-20 | Correspondence (sent by the Court) to, (fax) fr. Gary T. Trotter re: his position on the Constitutional Questions | |
| 1994-06-07 | Correspondence (sent by the Court) to, sent to Rosen, Fleming (Toronto, ON) c.c. A.G. of Ontario / Shore, Davis & Perkins-McVey / Burke Robertson from C. Alain that if in default, to bring a motion to have the appeal not deemed abandoned. | |
| 1994-06-03 | Certified casebook, vol. I & II, with service | Lawrence Hibbert |
| 1994-06-03 | Case on appeal, 23 copies of vol. I & II | Lawrence Hibbert |
| 1994-05-16 | Correspondence (sent by the Court) to, from Shore, Davis re: waiting to hear from Mr. Breen for the available dates to hear the motion for directions | |
| 1994-05-16 | Affidavit, as to whether or not it is necessary to state a Constitutional Question (Timothy E. Breene) - 1 copy, with service | Lawrence Hibbert |
| 1994-05-16 | Motion for directions, as to whether or not it is necessary to state a Constitutional Question (1 copy), with service | Lawrence Hibbert |
| 1994-03-14 | Correspondence (sent by the Court) to, sent to A.G. for Ontario (Toronto, ON) enclosing copy of Rule 32 | |
| 1994-03-14 | Correspondence (sent by the Court) to, sent to Rowsen, Fleming (Toronto, ON) enclosing copy of Rule 32 | |
| 1994-03-10 | Notice of appeal, With service | Lawrence Hibbert |
| 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, Shore, Davis & Perkins-McVey (Ottawa, ON) | |
| 1994-02-10 |
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 |
|
| 1994-02-10 | Hearing of the application for leave to appeal, 1994-02-10, CJ Co Ia | |
| 1994-02-10 | All materials on application for leave submitted to the Judges, 1994-02-10, CJ Co Ia | |
| 1993-11-30 | All materials on application for leave submitted to the Judges, CJ Co I | |
| 1993-11-25 | Application for leave to appeal, (as the order requested is received and signed), Completed on: 1993-11-25 | |
| 1993-11-25 | Correspondence received from, from Shore, Davis re: enclosing 5 signed last pages of the application for leave to appeal (TO BE INSERTED INTO THE APPLICATION FOR LEAVE TO APPEAL) | Lawrence Hibbert |
| 1993-11-18 | Correspondence received from, sent to Shore, Davis & Perkins-McVey (Ottawa, ON) re: application for L/A missing signature of counsel and memo of argument | |
| 1993-11-17 | Respondent's response on the application for leave to appeal, 5 copies, with service | Her Majesty the Queen |
| 1993-11-15 | Correspondence received from, of Robert E. Houston, Q.C. to advise the Court that Crown will file his response whithin the next day or two | Her Majesty the Queen |
| 1993-10-29 | $30.00 filing fee, receipt #27775 | Lawrence Hibbert |
| 1993-10-29 | Application for leave to appeal, 5 copies (signature of counsel missing), with service, Incomplete | Lawrence Hibbert |
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 |
|---|---|---|
| Hibbert, Lawrence | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Hibbert, Lawrence
Counsel
370 Bloor St. E.
Toronto, Ontario
M4W 3M6
Telephone: (416) 927-9000
FAX: (416) 927-9069
Agent
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Her Majesty the Queen
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4580
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)
x
conviction: aggravated assault sentence: 4 years imprisonment
Court of Appeal for Ontario
C12320
appeal against conviction dismissed appeal against sentence 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
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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