Case information
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23890
Percival Whitley 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) |
|---|---|---|
| 1995-07-11 | Record returned to the Registrar of the Court of Appeal | |
| 1995-01-13 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1995-01-13 | Copy of formal judgment being prepared, Nelligan, Power (Ottawa, ON) | |
| 1995-01-13 | Copy of formal judgment being prepared, Burke-Robertson | |
| 1995-01-13 | Copy of formal judgment being prepared, MacLaren, Corlett (Ottawa, ON) | |
| 1994-12-01 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma Dismissed, no order as to costs |
|
| 1994-12-01 | Hearing of the appeal, 1994-12-01, CJ LaF L'HD So G Co McL Ia Ma | |
| 1994-11-29 | Book of authorities, 10 copies (joint with 23891) | Women's Legal Education and Action Fund (LEAF) |
| 1994-11-29 | Order on motion to extend time, to file the factum to Nov 22/94 | |
| 1994-11-29 |
Decision on motion to extend time, to file the factum to Nov. 22/94, Reg Granted, no order as to costs |
|
| 1994-11-29 | Hearing of motion to extend time, 1994-11-29, to file the factum to Nov. 22/94, Reg | |
| 1994-11-29 | Submission of motion to extend time, 1994-11-29, to file the factum to Nov. 22/94, Reg | |
| 1994-11-29 | Response to motion to extend time, to file LEAF's factum | Her Majesty the Queen |
| 1994-11-28 | General proceeding, 10 copies of INTERVENER'S BRIEF OF ARGUMENT RE: MOTION TO RESCIND THE ORDER OF MCLACHLIN J. (joint with 23891) sent to CJ LaF L'HD So G Co McL I Ma, Nov 28/94 | Women's Legal Education and Action Fund (LEAF) |
| 1994-11-28 | Correspondence (sent by the Court) to, from MacLaren, Corlett; re: Mr. Richard Litkowski will appear at the hearing | |
| 1994-11-25 | Notice of miscellaneous motion, for an order RESCINDING the order of Madam Justice McLachlin of October 14, 1994 granting the right to intervene to LEAF, sent to CJ LaF L'HD So G Co McL I Ma, Nov 25/94, with service | Percival Whitley |
| 1994-11-25 | Correspondence (sent by the Court) to, from Robert Houston to A. Roland re: the responden t takes no position with respect to the application on behalf of the appellants for an order rescinding the Order of Madam Justice McLachlin sent to CJ LaF L'HD So G Co McL I Ma, Nov 28/94 | |
| 1994-11-24 | Correspondence (sent by the Court) to, of Mary Teresa Devlin (by fax) re duration of argument | |
| 1994-11-23 | Response to motion to extend time, to file LEAF factum to Nov. 22/94 (letterform) | Percival Whitley |
| 1994-11-22 | Affidavit, of Jane Rounthwaite (to file the intervener's factum on Nov. 22/94) - joint with 23891 | Women's Legal Education and Action Fund (LEAF) |
| 1994-11-22 | Motion to extend time, to file the factum on Nov. 22/94 (joint with 23891) | Women's Legal Education and Action Fund (LEAF) |
| 1994-11-22 | Intervener's factum, 24 copies (joint with 23891), with service | Women's Legal Education and Action Fund (LEAF) |
| 1994-11-16 | Book of authorities, JOINT 10 copies of vol. I & II (joint with 23891) | Percival Whitley |
| 1994-11-16 |
Decision on motion to extend time, to file the factum to Nov 9/94, Reg Granted, no order as to costs |
|
| 1994-11-16 | Hearing of motion to extend time, 1994-11-16, to file the factum to Nov 9/94, Reg | |
| 1994-11-16 | Submission of motion to extend time, 1994-11-16, to file the factum to Nov 9/94, Reg | |
| 1994-11-16 | Order on motion to extend time, to file the factum to Nov 9/94 | |
| 1994-11-16 | Order on motion to extend time, to file the factum to Nov 9/94 | |
| 1994-11-15 | Response to motion to extend time, to serve and file the respondent's factum to Nov. 9/94 | Percival Whitley |
| 1994-11-15 | Affidavit, to serve and file the factum to Nov. 9/94; Karen Manarin, with service | Her Majesty the Queen |
| 1994-11-15 | Motion to extend time, to serve and file the factum to Nov. 9/94, with service | Her Majesty the Queen |
| 1994-11-10 | Appeal hearing | |
| 1994-11-10 | Appeal removed from the list | |
| 1994-11-10 | Correspondence (sent by the Court) to, of Mary Teresa Devlin dated Nov.8/94 re duration of argument | |
| 1994-11-09 | Respondent's factum, 24 copies (joint with 23891) (extension of time requested), with service | Her Majesty the Queen |
| 1994-11-08 | Correspondence (sent by the Court) to, (by fax) from Diane Oleskiw; re: dates for the hearing of the appeal | |
| 1994-10-24 | Appeal hearing scheduled, 1994-12-01 | |
| 1994-10-14 |
Decision on motion to extend time, for intervention, McL Granted, no order as to costs |
|
| 1994-10-14 | Hearing of motion to extend time, 1994-10-14, for intervention, McL | |
| 1994-10-14 | Submission of motion to extend time, 1994-10-14, for intervention, McL | |
| 1994-10-14 |
Decision on the motion for leave to intervene, McL, on the understanding that the intervener will not be raising any challenge to the constitutional validity of any laws, but will merely be seeking to assist the Court in interpretation of the law. LEAF's factum is to be filed and delivered to the appellants by November 17 and oral submissions limited to fifteen minutes. The appellants's motion to dismiss the application of LEAF is dismissed. Granted, no order as to costs |
|
| 1994-10-14 | Hearing of motion for leave to intervene, 1994-10-14, McL | |
| 1994-10-14 | Submission of motion for leave to intervene, 1994-10-14, McL | |
| 1994-10-13 | Correspondence (sent by the Court) to, of Chantal Tie to confirm that she will appear in the motion for leave to intervene on Oct. 14/94 (joint with 23891) | |
| 1994-10-12 | Correspondence (sent by the Court) to, of Terri H. Semanyk (McLaren Corlett) to advise the Court that Mr. Keith E. Wright will appear on the motion for leave to intervene brought by LEAF (joint with 23891) | |
| 1994-09-29 | Affidavit, of Chantal Tie in answer to the appellants' motion to dismiss the intervention, with service | Women's Legal Education and Action Fund (LEAF) |
| 1994-09-26 | Affidavit, Richard Litkowski, with service | Percival Whitley |
| 1994-09-26 | Motion for directions, of the Order of Mme Justice McLaughlin on Sept. 15, with service | Percival Whitley |
| 1994-09-26 | Correspondence (sent by the Court) to, from Keith Wright to C. Tie re: letter dated Sept. 21/94 re: costs for the re-attendance on the motion to intervene (joint with 23891) | |
| 1994-09-23 | Correspondence (sent by the Court) to, from Chantal Tie to Registrar re: letter dated Sept. 21/94 - confirm again that LEAF has agreed to pay the additional costs (joint with 23891) | |
| 1994-09-23 | Correspondence (sent by the Court) to, from Chantal Tie to Registrar re: LEAF has undertaken to pay the applicant's costs for the re-attendance on their motion to intervene (joint with 23891) | |
| 1994-09-19 | Affidavit, of Mary Teresa Devlin (joint with 23891), with service | Women's Legal Education and Action Fund (LEAF) |
| 1994-09-15 |
Decision on motion to extend time Traversed, no order as to costs |
|
| 1994-09-15 |
Hearing of motion to extend time, 1994-09-15 Adjourned |
|
| 1994-09-15 |
Submission of motion to extend time, 1994-09-15 Adjourned |
|
| 1994-09-15 |
Decision on the motion for leave to intervene Traversed, no order as to costs |
|
| 1994-09-15 |
Hearing of motion for leave to intervene, 1994-09-15 Adjourned |
|
| 1994-09-15 |
Submission of motion for leave to intervene, 1994-09-15 Adjourned |
|
| 1994-09-14 | Appeal court record, 1 envelope (joint with 23891) | |
| 1994-09-14 | Book of authorities, for LEAVE TO INTERVENE 1 copy, with service | Women's Legal Education and Action Fund (LEAF) |
| 1994-09-12 | Correspondence (sent by the Court) to, of Robert E. Houston, Q.C. to confirm that the Respondent takes no position with respect to the application for leave to intervene by L.E.A.F. | |
| 1994-09-09 | Affidavit, of Trish Haddad, with service | Women's Legal Education and Action Fund (LEAF) |
| 1994-09-09 | Affidavit, of Trish Haddad to file the notice of intervention by LEAF, with service | Women's Legal Education and Action Fund (LEAF) |
| 1994-09-09 | Motion to extend time, to file the notice of intervention on Sept. 9/94 (LEAF), with service | Women's Legal Education and Action Fund (LEAF) |
| 1994-09-09 | Motion for leave to intervene, (1 copy) (intervention by LEAF also in File 23891), with service | Women's Legal Education and Action Fund (LEAF) |
| 1994-08-29 | Appellant's factum, 24 copies, with service | Percival Whitley |
| 1994-08-08 | Order on motion to expedite the appeal | |
| 1994-08-04 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, in accordance with the following timetable: the appellant's factum is to be filed on or before Sept 8/94. The respondent's factum on or before Nov. 3/94. The appeal is to be heard on Dec 5/94., with service Granted, no order as to costs |
|
| 1994-08-04 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-08-04, in accordance with the following timetable: the appellant's factum is to be filed on or before Sept 8/94. The respondent's factum on or before Nov. 3/94. The appeal is to be heard on Dec 5/94., with service | |
| 1994-08-04 | Hearing of motion to expedite the appeal, 1994-08-04, in accordance with the following timetable: the appellant's factum is to be filed on or before Sept 8/94. The respondent's factum on or before Nov. 3/94. The appeal is to be heard on Dec 5/94., with service | |
| 1994-08-04 | Submission of motion to expedite the appeal, 1994-08-04, in accordance with the following timetable: the appellant's factum is to be filed on or before Sept 8/94. The respondent's factum on or before Nov. 3/94. The appeal is to be heard on Dec 5/94., with service | |
| 1994-08-03 | Response to motion to expedite the appeal, re timetable and hearing date | Her Majesty the Queen |
| 1994-08-02 | Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause | |
| 1994-07-29 | Motion to expedite the appeal, re timetable and hearing date, with service | Percival Whitley |
| 1994-07-20 | Appeal perfected for hearing, Session beginning on 1994-10-03 | |
| 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 at the fall sittings and that the parties submit to the rota Judge for approval of time table for the filing of factums, with service, 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 at the fall sittings and that the parties submit to the rota Judge for approval of time table for the filing of factums, with service, 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 at the fall sittings and that the parties submit to the rota Judge for approval of time table for the filing of factums, with service, CJ | |
| 1994-07-05 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, With service | Percival Whitley |
| 1994-06-23 | Certified casebook, vol. 1 to 3 (joint with 23891) | Percival Whitley |
| 1994-06-23 | Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause | Her Majesty the Queen |
| 1994-06-23 | Affidavit, Richard Litkowski, with service | Percival Whitley |
| 1994-06-07 | Correspondence (sent by the Court) to, sent to Richard Litkowski (Toronto, ON) c.c. A.G. of ON / Burke-Robertson from C. Alain, that if in default, to bring a motion to have the appeal not deemed abandoned | |
| 1994-06-07 | Case on appeal, 23 copies of vol. I to III (joint with 23891) | Percival Whitley |
| 1994-04-08 | Notice of appeal, (1 copy), with service | Percival Whitley |
| 1994-03-11 | Notice of deposit of judgment issued to all parties, Shanbaum, Semanyk (Ottawa, ON) | |
| 1994-03-11 | Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON) | |
| 1994-03-10 |
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 |
|
| 1994-02-18 | Court of Appeal casebooks and transcripts of evidence, 1 box containing 3 copies of Vol. I to V (To be distributed to the Justices) | |
| 1994-02-09 | All materials on application for leave submitted to the Judges, CJ Co Ia | |
| 1994-02-02 | Applicant's reply to respondent's argument, 5 copies, with service | Percival Whitley |
| 1994-02-02 | Response to miscellaneous motion, for an Order to expedite the leave application | Her Majesty the Queen |
| 1994-02-01 | Respondent's response on the application for leave to appeal, 5 copies (joint with 23891), with service | Her Majesty the Queen |
| 1994-01-25 | Correspondence received from, from Shanbaum/Semanyk informing us that he has sent to Mr. Morrow of Burke-Robertson, a Consent and draft Order for his approval which will simply be to order that the appeal be expedited. | |
| 1994-01-20 | General proceeding, MOTION ABRIDGING THE TIME TO FILE ARGUMENTS AND FOR AN ORDER EXPEDITING THE LEAVE APPLICATION IS TO BE DEALT WITH IN WRITING | |
| 1994-01-18 | Correspondence received from, sent to Shanbaum, Semanyk (Ottawa, ON) re: receipt of material commencing a proceeding together with enclosed filing fee | |
| 1994-01-18 | Correspondence received from, from Terri H. Semanyk re: seeking an oral hearing for the misc. motion (RETURNABLE JAN. 20, 1994) | |
| 1994-01-14 | Affidavit, TO ABRIDGE THE TIME FOR FILING OF THE RESPONDENT'S FACTUM TO JAN. 26, 1994, THE APPELLANT'S REPLY TO JAN. 31, 1994 AND TO EXPEDITE THE APPLICATION FOR LEAVE TO APPEAL - 1 copy (Percival Whitley), with service | Percival Whitley |
| 1994-01-14 | Affidavit, TO ABRIDGE THE TIME FOR FILINGOF THE RESPONDENT'S FACTUM TO JAN. 26, 1994, THE APPELLANT'S REPLY TO JAN. 31, 1994 AND TO EXPEDITE THE APPLICATION FOR LEAVE (1 copy) (RICHARD LITKOWSKI), with service | Percival Whitley |
| 1994-01-14 | Notice of miscellaneous motion, TO ABRIDGE THE TIME FOR FILING OF THE RESPONDENT'S FACTUM TO JAN. 26, 1994, THE APPELLANT'S REPLY BY JAN. 31, 1994 AND TO EXPEDITE THE APPLICATION FOR LEAVE - 1 copy, with service | Percival Whitley |
| 1994-01-13 | Application for leave to appeal, 5 copies (JOINT WITH 23891), with service, Completed on: 1994-01-13 | Percival Whitley |
| 1993-12-13 | $30.00 filing fee, #27947 | Percival Whitley |
| 1993-12-13 | Notice of application for leave to appeal, With service | Percival Whitley |
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 |
|---|---|---|
| Whitley, Percival | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Women's Legal Education and Action Fund (LEAF) | Intervener | Active |
Counsel
Party: Whitley, Percival
Counsel
Richard Litkowski
Toronto, Ontario
M5R 1B2
Telephone: (416) 323-0354
FAX: (416) 964-5821
Agent
303 - 99 Bank St.
Ottawa, Ontario
K1P 6B9
Telephone: (613) 233-1146
FAX: (613) 233-7190
Party: Her Majesty the Queen
Counsel
720 BAY ST
10TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4608
FAX: (416) 326-4656
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Women's Legal Education and Action Fund (LEAF)
Counsel
Chantal Tie
TORONTO, Ontario
M5G 1E2
Telephone: (416) 591-1261
FAX: (416) 591-9200
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
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: one count of sexual assault
Court of Appeal for Ontario
x
appeal against conviction dismissed; appeal against sentence 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