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23933

Daniel George MacGillivray v. Her Majesty the Queen

(Nova Scotia) (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)
1995-08-18 Appeal closed
1995-08-18 Close file on Leave
1995-07-12 Correspondence (sent by the Court) to, (1 env.) sent to NS Prothonotary's Office (Halifax NS))
1995-03-21 Copy of formal judgment being prepared, Beament, Green, Dust (Ottawa, ON)
1995-03-21 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1995-03-20 Formal judgment sent to the registrar of the court of appeal and all parties, Nova Scotia (Halifax)
1995-03-06 General proceeding, transcripts received and distributed to the judges (38 pages)
1995-02-23 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma
Dismissed, no order as to costs
1995-02-23 Hearing of the appeal, 1995-02-23, CJ LaF L'HD So G Co McL Ia Ma
1995-02-20 Correspondence (sent by the Court) to, from Stephen Grace to Registrar re: duration of argument (fax copy)
1995-02-17 Correspondence (sent by the Court) to, from Robert Hagell to Registrar re: duration of argument (fax copy)
1995-02-17 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1995-01-13 Appeal hearing scheduled, 1995-02-23
1995-01-06 Notice of hearing, 1 copy, with service Daniel George MacGillivray
1995-01-03 Book of authorities, 10 copies, with service Her Majesty the Queen
1994-12-14 Respondent's factum, 24 copies, with service Her Majesty the Queen
1994-11-29 Appeal perfected for hearing, Session beginning on 1995-01-23
1994-10-18 Appeal court record, 1 envelope
1994-10-14 Appellant's factum, 24 copies (see motion of Oct. 6/94) (returned for correction on Oct. 17/94 and received on Oct. 18) Daniel George MacGillivray
1994-10-06 Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause
1994-10-06 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, on condition that the appellant's factum be filed with the Court no later than Oct. 15/94 and that the appeal be ready for the January term 1995, CJ
Granted, no order as to costs
1994-10-06 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-10-06, on condition that the appellant's factum be filed with the Court no later than Oct. 15/94 and that the appeal be ready for the January term 1995, CJ
1994-10-06 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-10-06, on condition that the appellant's factum be filed with the Court no later than Oct. 15/94 and that the appeal be ready for the January term 1995, CJ
1994-09-27 Affidavit, of Joel E. Pink (1 copy) Daniel George MacGillivray
1994-09-27 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, (1 copy) Daniel George MacGillivray
1994-09-27 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, of Robert C. Hagell (1 copy) Her Majesty the Queen
1994-09-02 Correspondence (sent by the Court) to, sent to Pink Murray (Halifax, NS) re: subsection 695(2) of the Criminal Code of Canada c.c. A.G. of NS, Gowling, Strathy & Henderson and Beament, Green, Dust
1994-07-07 Case on appeal, 23 copies of vol. 1 to 4 Daniel George MacGillivray
1994-07-07 Certified casebook, vol. 1 to 4 Daniel George MacGillivray
1994-05-19 Proof of service, of the notice of appeal (Sharon MacLeod)
1994-05-06 Correspondence (sent by the Court) to, sent to A.G. of Nova Scotia enclosing copy of Rule 32
1994-05-06 Correspondence (sent by the Court) to, sent to Pink Murray (Halifax, NS) enclosing copy of Rule 32
1994-05-05 Order granting leave to appeal
1994-05-04 Notice of appeal, With service Daniel George MacGillivray
1994-04-29 Notice of deposit of judgment issued to all parties, Beament, Green, Dust (Ottawa, ON)
1994-04-29 Notice of deposit of judgment issued to all parties, Pink Murray (Halifax, NS)
1994-04-28 Judgment of the Court on the application for leave to appeal, LaF So Ma, The application for leave to appeal is granted.
Granted, no order as to costs
1994-03-08 Proof of service, of response
1994-03-07 All materials on application for leave submitted to the Judges, LaF So Ma
1994-02-25 Respondent's response on the application for leave to appeal, 5 copies Her Majesty the Queen
1994-02-25 General proceeding, to note 5 copies of the C/A formal Order Daniel George MacGillivray
1994-02-25 Affidavit, of Mr. Joel E. Pink, Q.C. to advise the Court that there was no order issued by The Honourable Mr. Justice Anderson with respect of his decision of March 10, 1993 Daniel George MacGillivray
1994-02-25 Proof of service, of the application for leave to appeal admitted on Feb. 2/94
1994-02-23 Correspondence received from, from Stephen Grace; re: will be filing a response with an extenstion of time Her Majesty the Queen
1994-02-17 Correspondence received from, sent to Pink Murray (Halifax, NS) re: receipt of material commencing a proceeding also enclosing receipt of $30. filing fee
1994-02-03 Application for leave to appeal, 5 copies (Service, Trial and C/A orders missing), Completed on: 1994-02-25 Daniel George MacGillivray
1994-01-28 General proceeding, to note a memorandum of argument (not complying with the rules; application book requested to Mr. Pink by telephone today) Daniel George MacGillivray
1994-01-12 $30.00 filing fee, receipt #24047 Daniel George MacGillivray
1993-12-15 General proceeding, to note 2 copies of lower Court judgments (bookform) Daniel George MacGillivray
1993-12-15 Notice of application for leave to appeal, 2 copies Daniel George MacGillivray

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
MacGillivray, Daniel George Applicant Active

v.

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

Counsel

Party: MacGillivray, Daniel George

Counsel
Name
Joel E. Pink, Q.C.
Contact information
Pink.Murray
300 - 1583 HOLLIS ST
PO BOX 388
HALIFAX, Nova Scotia
B3J 2P8
Telephone: (902) 492-0550
FAX: (902) 492-0570
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Her Majesty the Queen

Counsel
Name
Robert C. Hagell
Contact information
Attorney General of Nova Scotia
5151 TERMINAL RD 3RD FL
PO BOX 7
HALIFAX, Nova Scotia
B3J 2L6
Telephone: (902) 424-5450
FAX: (902) 424-0653
Agent
Name
Stephen J. Grace
Contact information
Beament, Green, Dust
47 Clarence St
Suite 204
Ottawa, Ontario
K1N 9K1
Telephone: (613) 241-3400
FAX: (613) 241-8555

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

March 10, 1993
Supreme Court of Nova Scotia, Trial Division

2977

conviction; operating a vessel in a dangerous manner to the public

December 8, 1993
Nova Scotia Court of Appeal

02860

leave to appeal granted and appeal against sentence dismissed

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

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

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

Webcasts

Not available.

Date modified: 2025-05-13