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.
24040
Larry Melvin Herman v. Her Majesty the Queen
(British Columbia) (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) |
|---|---|---|
| 1995-07-10 | Appeal closed | |
| 1994-11-29 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1994-11-29 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-11-29 | Copy of formal judgment being prepared, Burke-Robertson | |
| 1994-11-08 |
Judgment on the appeal rendered, No need to deal with the application for leave to appeal, L'HD So G Co McL Ia Ma Dismissed, no order as to costs |
|
| 1994-11-08 | Hearing of the appeal, 1994-11-08, No need to deal with the application for leave to appeal, L'HD So G Co McL Ia Ma | |
| 1994-11-08 |
Decision on motion to adduce new evidence, L'HD So G Co McL Ia Ma Granted, no order as to costs |
|
| 1994-11-08 | Hearing of the motion to adduce new evidence, 1994-11-08, L'HD So G Co McL Ia Ma | |
| 1994-11-08 | Submission of motion to adduce new evidence, 1994-11-08, L'HD So G Co McL Ia Ma | |
| 1994-11-07 | Supplemental document, AUTHORITIES, 9 copies, sent to L'HD So G Co McL I Ma, sent to Nov 7/94 | Larry Melvin Herman |
| 1994-11-07 | Affidavit, 8 copies (of Barbara McMillan) sent to L'HD So G Co McL I Ma, Nov 7/94 | Larry Melvin Herman |
| 1994-11-07 | Motion to adduce new evidence, 8 copies sent to L'HD So G Co McL I Ma, Nov 7/94 | Larry Melvin Herman |
| 1994-11-02 | General proceeding, 24 copies of ERRATA IN THE APPELLANT'S FACTUM sent to L'HD So G Co McL I Ma, Nov 3/94 | Larry Melvin Herman |
| 1994-10-28 | Book of authorities, 10 copies (JOINT), with service | Larry Melvin Herman |
| 1994-10-26 | Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument | |
| 1994-10-25 | Respondent's factum, 24 copies, with service | Her Majesty the Queen |
| 1994-10-18 | Appellant's factum, 24 copies (extension of time requested), with service | Larry Melvin Herman |
| 1994-10-05 | Appeal hearing scheduled, 1994-11-08 | |
| 1994-09-19 | Notice of hearing, With service | Larry Melvin Herman |
| 1994-08-17 | Certified casebook, of vol. 1 and 2 | Larry Melvin Herman |
| 1994-08-17 | Case on appeal, 23 copies of vol. 1 and 2 (extension of time requested - E.V.B. advised) (accepted as is, see Mike, on vol. 2, no left margin except the paragraph's number), with service | Larry Melvin Herman |
| 1994-07-20 | Appeal perfected for hearing, Session beginning on 1994-10-03 | |
| 1994-07-15 | Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause | |
| 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 during the fall term, 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 during the fall term, 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 during the fall term, with service, CJ | |
| 1994-07-05 | Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause | Her Majesty the Queen |
| 1994-07-05 | Affidavit, Barbara McMillan, with service | Larry Melvin Herman |
| 1994-07-05 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, With service | Larry Melvin Herman |
| 1994-06-27 | Correspondence (sent by the Court) to, from Barbara McMillan; re: will make an application to have the appeal not abandoned | |
| 1994-06-14 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-06-14 | Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON) | |
| 1994-06-09 | Decision on the status of the motion for leave to appeal has been postponed, REFERRED TO THE BENCH THAT WILL HEAR THE APPEAL | |
| 1994-06-09 |
Judgment of the Court on the application for leave to appeal, (referred to the bench taken to hear the appeal), L'HD G McL Dismissed, no order as to costs |
|
| 1994-06-07 | Correspondence (sent by the Court) to, sent to Morahan & Auila (Victoria, BC) c.c. A.G. of BC / Gowling, Strathy and Burke-Robertson from C. Alain that if in default, to bring a motion to have the appeal not deemed abandoned. | |
| 1994-04-28 | Correspondence (sent by the Court) to, sent to Morahan & Aujla (Victoria, BC) enclosing copy of Rule 32 | |
| 1994-04-28 | Correspondence (sent by the Court) to, sent to A.G. of B.C. (Victoria, BC) enclosing copy of Rule 32 | |
| 1994-04-25 | General proceeding, to note 5 copies of the C/A formal order sent to L'HD G McL, April 28/94 | Larry Melvin Herman |
| 1994-04-25 | Correspondence (sent by the Court) to, of B. Rory B. Morahan (Morahan & Aujla) to advise the Court that he is not challenging the constitutional validity of any legislation (re: rule 32) | |
| 1994-04-19 | All materials on application for leave submitted to the Judges, L'HD G McL | |
| 1994-04-11 | Respondent's response on the application for leave to appeal, 5 copies (no part IV, order requested) (BACK FROM CORRECTION ON APRIL 15, 1994), with service | Her Majesty the Queen |
| 1994-04-07 | General proceeding, to note 5 copies of the Trial Court judgment (indictment) | Larry Melvin Herman |
| 1994-03-31 | Correspondence (sent by the Court) to, sent to Gowling, Strathy & Henderson (Ottawa, ON) re: receipt of application for L/A | |
| 1994-03-29 | Correspondence (sent by the Court) to, sent to A.G. of B.C. enclosing copy of Rule 32 | |
| 1994-03-29 | Correspondence (sent by the Court) to, sent to Rory Morahan (Victoria, BC) enclosing copy of Rule 32 | |
| 1994-03-28 | Order on motion to extend time to serve and/or file notice of appeal | |
| 1994-03-25 |
Decision on motion to extend time to serve and/or file notice of appeal, to March 4/94 nunc pro tunc, McL Granted, no order as to costs |
|
| 1994-03-25 | Hearing of motion to extend time to serve and/or file notice of appeal, 1994-03-25, to March 4/94 nunc pro tunc, McL | |
| 1994-03-25 | Submission of motion to extend time to serve and/or file notice of appeal submitted, 1994-03-25, to March 4/94 nunc pro tunc, McL | |
| 1994-03-21 | Response to motion to extend time to serve and/or file notice of appeal, to March 4/94 | Her Majesty the Queen |
| 1994-03-21 | Affidavit, B. Rory B. Morahan | Larry Melvin Herman |
| 1994-03-21 | Motion to extend the time to serve and/or file the notice of appeal, to March 4/94 | Larry Melvin Herman |
| 1994-03-21 | Application for leave to appeal, 5 copies (mising formal orders of trial and Appeal court), with service, Completed on: 1994-04-18 | Larry Melvin Herman |
| 1994-03-02 | $30.00 filing fee, receipt #24257 | Larry Melvin Herman |
| 1994-03-02 | Notice of appeal, With service | Larry Melvin Herman |
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 |
|---|---|---|
| Herman, Larry Melvin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Herman, Larry Melvin
Counsel
203 - 821, Burdett Avenue
Victoria, British Columbia
V8W 1B3
Telephone: (604) 385-2244
FAX: (604) 385-8748
Email: rmorahan@victorialaw.com
Agent
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
1st Floor
850 Burdett Avenue
Victoria, British Columbia
V8W 1B4
Telephone: (250) 387-5153
FAX: (250) 356-0216
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
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
Supreme Court of British Columbia
x
conviction: sexual assault
Court of Appeal for British Columbia (Vancouver)
V01401
application to adduce fresh evidence and appeal 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
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