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.
23843
Her Majesty the Queen v. Bevin Bervmary McIntosh
(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) |
|---|---|---|
| 1995-03-28 | Correspondence (sent by the Court) to, sent to Ontario Court (General Division) (Toronto, ON) enclosing their record (1 env.) | |
| 1995-03-22 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1995-03-22 | Copy of formal judgment being prepared, Burke-Robertson | |
| 1995-03-22 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1995-02-23 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is dismissed, La Forest, L'Heureux-Dubé, Gonthier and McLachlin JJ. dissenting. Dismissed, no order as to costs |
|
| 1995-02-23 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON) | |
| 1995-02-23 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-12-07 | General proceeding, transcript received and distributed to the justices (84 p.) | |
| 1994-11-28 | General proceeding, to note 10 copies of "PROOF OF FACTS" GIVEN IN COURT | Bevin Bervmary McIntosh |
| 1994-11-28 |
Hearing of the appeal, 1994-11-28, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1994-11-25 | Correspondence (sent by the Court) to, from Gowlin, Strathy re: duration of argument | |
| 1994-11-23 | Order on motion to extend time, to file the factum to Nov 14/94 | |
| 1994-11-23 |
Decision on motion to extend time, to file the factum to Nov 14/94, Reg Granted, no order as to costs |
|
| 1994-11-23 | Hearing of motion to extend time, 1994-11-23, to file the factum to Nov 14/94, Reg | |
| 1994-11-23 | Submission of motion to extend time, 1994-11-23, to file the factum to Nov 14/94, Reg | |
| 1994-11-22 | Response to motion to extend time, of Michael Bernstein (to file the respondent's factum to Nov. 14/94) | Her Majesty the Queen |
| 1994-11-22 | Affidavit, of James Lockyer (to file the respondent's factum to Nov. 14/94) | Bevin Bervmary McIntosh |
| 1994-11-22 | Motion to extend time, to file the respondent's factum to Nov. 14/94 | Bevin Bervmary McIntosh |
| 1994-11-21 | Book of authorities, 10 copies | Bevin Bervmary McIntosh |
| 1994-11-14 | Book of authorities, 10 copies of vol. I to III, with service | Her Majesty the Queen |
| 1994-11-14 | Respondent's factum, 24 copies (extension of time requested), with service | Bevin Bervmary McIntosh |
| 1994-11-08 | Trial court record, 1 envelope to be return to Court House, room 241 261 University Ave., Toronto, Ont. M5G 1T3 | |
| 1994-10-31 | Correspondence (sent by the Court) to, from Alex Alvaro to Registrar of Court of Appeal re: to forward Appeal Court records to the S.C. | |
| 1994-10-24 |
Appeal hearing scheduled, 1994-11-28 Decision reserved |
|
| 1994-09-02 |
Decision on motion to extend time, to file case on appeal to Aug 2/94 and appellant's factum to Aug 5/94, CJ Granted, no order as to costs |
|
| 1994-09-02 | Hearing of motion to extend time, 1994-09-02, to file case on appeal to Aug 2/94 and appellant's factum to Aug 5/94, CJ | |
| 1994-09-02 | Submission of motion to extend time, 1994-09-02, to file case on appeal to Aug 2/94 and appellant's factum to Aug 5/94, CJ | |
| 1994-08-12 | Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (joint with motion to extend the time to file the case on appeal to Aug. 2/94 and the appellant's factum to Aug. 5/94) (James Lockyer - fax copy) | Bevin Bervmary McIntosh |
| 1994-08-12 | Affidavit, (joint with motion to extend the time to file the case on appeal to Aug. 2/94 and the appellant's factum to Aug.5/94) (Michael Bernstein), with service | Her Majesty the Queen |
| 1994-08-12 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, (joint with motion to extend the time to file the case on appeal on Aug.2/94 and the appellant's factum to Aug. 5/94), with service | Her Majesty the Queen |
| 1994-08-12 | Response to motion to extend time, to file the case on appeal to Aug. 2/94 and the appellant's factum to Aug. 5/94 (James Lockyer - fax copy) | Bevin Bervmary McIntosh |
| 1994-08-12 | Affidavit, to file the case on appeal to Aug. 2/94 and the appellant's factum to Aug. 5/94 (Michael Bernstein), with service | Her Majesty the Queen |
| 1994-08-12 | Motion to extend time, to file the case on appeal to Aug. 2/94 and the appellant's factum to Aug. 5/94, with service | Her Majesty the Queen |
| 1994-08-09 | Appeal perfected for hearing, Session beginning on 1994-10-03 | |
| 1994-08-05 | Appellant's factum, 24 copies (extension of time coming), with service | Her Majesty the Queen |
| 1994-08-02 | Certified casebook, vol. I to V | Her Majesty the Queen |
| 1994-08-02 | Case on appeal, 23 copies of vol. I of V | Her Majesty the Queen |
| 1994-07-29 | Correspondence (sent by the Court) to, of Robert E. Houston, Q.C. dated July 27/94 to advise the Court that the appellant will file his Case on Appeal by August 2/94 and the factum on or about August 5/94. He will be filing a motion extending the time and for the appeal be deemed not abandoned | |
| 1994-06-07 | Correspondence (sent by the Court) to, sent to Crown Law Office -Criminal (Toronto, ON) c.c. Pinkofsky, Lockyer, Kwinter / Burke-Robertson and Gowling, Strathy from C. Alain that if in default, to bring a motion to have the appeal not deemed abandoned. | |
| 1994-03-02 |
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 fall session, CJ Granted, no order as to costs |
|
| 1994-03-02 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-03-02, on condition that the appeal be prosecuted during the fall session, CJ | |
| 1994-03-02 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-03-02, on condition that the appeal be prosecuted during the fall session, CJ | |
| 1994-02-24 | Notice of appeal, (1 copy), with service | Her Majesty the Queen |
| 1994-02-11 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-02-11 | Notice of deposit of judgment issued to all parties, Burke-Robertson (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 | |
| 1993-12-30 | Book of authorities, 5 copies sent to CJ Co I, Dec. 31/93 | Bevin Bervmary McIntosh |
| 1993-12-24 |
Decision on motion to extend time, to file respondent's response to Dec 20/93, nunc pro tunc, Reg Granted, no order as to costs |
|
| 1993-12-24 | Hearing of motion to extend time, 1993-12-24, to file respondent's response to Dec 20/93, nunc pro tunc, Reg | |
| 1993-12-24 | Submission of motion to extend time, 1993-12-24, to file respondent's response to Dec 20/93, nunc pro tunc, Reg | |
| 1993-12-22 | Response to motion to extend time, to file the respondent's response (hand written on the notice of motion) | Her Majesty the Queen |
| 1993-12-22 | Affidavit, to file the respondent's response (of James Lockyer) | Bevin Bervmary McIntosh |
| 1993-12-22 | Motion to extend time, to file the respondent's response to Dec. 20/93 | Bevin Bervmary McIntosh |
| 1993-12-17 | Respondent's response on the application for leave to appeal, 5 copies (extension of time requested) sent to CJ Co I, Dec. 30/93, with service | Bevin Bervmary McIntosh |
| 1993-12-13 | All materials on application for leave submitted to the Judges, CJ Co I | |
| 1993-12-02 | Application for leave to appeal, Completed on: 1993-12-02 | |
| 1993-12-02 | Correspondence received from, from Michael Bernstein; re: lower court judgments (TO BE SENT WITH THE LEAVE APPLICATION) | Her Majesty the Queen |
| 1993-12-02 | General proceeding, 5 copies of formal order of C.A., with service | Her Majesty the Queen |
| 1993-11-19 | Correspondence received from, sent to Burke-Robertson (Ottawa, ON) re: application for L/A missing Formal Appeal Ct. Judg | |
| 1993-11-16 | Book of authorities, 5 copies | Her Majesty the Queen |
| 1993-11-09 | $30.00 filing fee, receipt #27825 | Her Majesty the Queen |
| 1993-11-09 | Application for leave to appeal, 5 copies (missing formal order of C.A.), with service, Incomplete | 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 |
|---|---|---|
| McIntosh, Bevin Bervmary | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2302
FAX: (416) 326-4656
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: McIntosh, Bevin Bervmary
Counsel
Russell S. Silverstein
438 University Ave
19th Floor
Toronto, Ontario
M5G 2K8
Telephone: (416) 598-1811
FAX: (416) 598-3384
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
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
Ontario Court of Justice (General Division)
x
conviction: manslaughter
Court of Appeal for Ontario
C11420
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