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24159

F.J.U. v. Her Majesty the Queen

(Ontario) (Criminal) (As of Right)

(Publication ban on party)

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)
1995-10-30 Appeal closed
1995-10-30 Copy of formal judgment being prepared, Burke-Robertson
1995-10-30 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1995-10-30 Copy of formal judgment being prepared, Lang, Michener (Ottawa, ON)
1995-10-19 Judgment on the appeal rendered, CJ L'HD So G Co Ia Ma, The appeal is dismissed.
Dismissed, no order as to costs
1995-10-19 Notice of deposit of judgment sent to all parties, Burke-Robertson
1995-10-19 Notice of deposit of judgment sent to all parties, Lang, Michener (Ottawa, ON)
1995-05-16 General proceeding, transcripts received and distributed to the judges (59 pages)
1995-04-26 General proceeding, 8 copies of REGINA V. HAWKINS (GIVEN IN COURT BY THE APPELLANT) F.J.U.
1995-04-26 Supplemental document, 8 copies of APPELLANT'S SUPPLEMENTARY AUTHORITIES (GIVEN IN COURT BY THE APPELLANT) F.J.U.
1995-04-26 Hearing of the appeal, 1995-04-26, CJ L'HD So G Co Ia Ma
Decision reserved
1995-04-25 Correspondence (sent by the Court) to, from B. Durno to Registrar, letter dated April 25, 1995 (fax copy) re: publication ban pursuant to section 486 (3) of the Criminal Code
1995-04-25 Correspondence (sent by the Court) to, from Lang, Michener re: duration of argument
1995-04-21 Correspondence (sent by the Court) to, from Burke-Robertson re: duration of argument
1995-04-21 Response to motion to extend time, to file the respondent's factum to April 19/95 (Lang, Michener) F.J.U.
1995-04-21 Decision on motion to extend time, to file the factum to April 19/95, DeRg
Granted, no order as to costs
1995-04-21 Hearing of motion to extend time, 1995-04-21, to file the factum to April 19/95, DeRg
1995-04-21 Submission of motion to extend time, 1995-04-21, to file the factum to April 19/95, DeRg
1995-04-20 Book of authorities, 10 copies, with service Her Majesty the Queen
1995-04-19 Affidavit, to file the respondent's response to April 19/95 (of Renee M. Pomerance), with service Her Majesty the Queen
1995-04-19 Motion to extend time, to file the respondent's factum to April 19/95, with service Her Majesty the Queen
1995-04-19 $50.00 filing fee for notice of motion, receipt #22398 Her Majesty the Queen
1995-04-19 Respondent's factum, 24 copies, with service Her Majesty the Queen
1995-04-13 Book of authorities, 10 copies, with service F.J.U.
1995-03-28 Appeal hearing scheduled, 1995-04-26
Decision reserved
1995-03-16 Correspondence (sent by the Court) to, sent to Ontario Court (General Division) enclosing their record
1995-03-16 Correspondence (sent by the Court) to, sent to Court of Appeal for Ontario (Toronto, ON) enclosing their court record
1995-02-28 Appeal perfected for hearing, Session beginning on 1995-04-24
1995-01-31 Trial court record, i envelope (to be sent back to 361 University Ave, Room 241, Toronto M5G 1T5)
1995-01-13 Appeal court record, 1 box
1995-01-13 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Ontario (Toronto)
1995-01-13 Copy of formal judgment on leave being prepared, Burke-Robertson
1995-01-13 Copy of formal judgment on leave being prepared, Lang, Michener (Ottawa, ON)
1995-01-09 General proceeding, to note a copy of the Notice of Appeal which was file at the Ontario Court of Appeal on Jan. 6/95 F.J.U.
1995-01-09 Appellant's factum, 24 copies (see order of C.J. of Jan. 3/95), with service F.J.U.
1995-01-04 Decision on motion to extend time, to file the factum to Jan 9/95, Reg
Granted, no order as to costs
1995-01-04 Hearing of motion to extend time, 1995-01-04, to file the factum to Jan 9/95, Reg
1995-01-04 Submission of motion to extend time, 1995-01-04, to file the factum to Jan 9/95, Reg
1995-01-03 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 no later than Jan 9/95 and that the appeal be ready to proceed in the Spring term, CJ
Granted, no order as to costs
1995-01-03 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1995-01-03, on condition that the appellant's factum be filed no later than Jan 9/95 and that the appeal be ready to proceed in the Spring term, CJ
1995-01-03 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1995-01-03, on condition that the appellant's factum be filed no later than Jan 9/95 and that the appeal be ready to proceed in the Spring term, CJ
1994-12-29 Response to motion to extend time, to file the appellant's factum to Jan. 9/95; 2 copies Her Majesty the Queen
1994-12-29 Affidavit, to file the factum to Jan. 9/95; 2 copies; F.J.U., with service F.J.U.
1994-12-29 Motion to extend time, to file the factum to Jan. 9/95; 2 copies, with service F.J.U.
1994-12-21 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (AMENDED CONSENT BY BURKE-ROBERTSON DATED DEC. 20/ 94) - 1 copy Her Majesty the Queen
1994-12-20 General proceeding, 1 copy of SUPPLEMENTARY AFFIDAVAIT OF F.J.U. ON MOTION THAT THE APPEAL NOT BE DEEMED ABANDONED F.J.U.
1994-12-12 Correspondence received from, sent to Bruce Durno (Toronto, ON) c.c. A.G. of ON, Lang, Michener, Burke-Robertson re: show cause on Jan 30/95, 9:30 a.m.
1994-12-09 Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON)
1994-12-09 Notice of deposit of judgment issued to all parties, Lang, Michener (Ottawa, ON)
1994-12-08 Judgment of the Court on the application for leave to appeal, CJ G Ia, The application for leave to appeal is dismissed.
Dismissed, no order as to costs
1994-11-10 All materials on application for leave submitted to the Judges, CJ G Ia
1994-11-04 Respondent's response on the application for leave to appeal, 5 copies, with service Her Majesty the Queen
1994-10-21 Decision on motion to extend time to file and /or serve the leave application, to Oct 28/94, Ia
Granted, no order as to costs
1994-10-21 Hearing of motion to extend time to file and/ or serve the leave application, 1994-10-21, to Oct 28/94, Ia
1994-10-21 Submission of motion to extend time to file and/ or serve the leave application, 1994-10-21, to Oct 28/94, Ia
1994-10-18 $30.00 filing fee, receipt #21097 F.J.U.
1994-10-18 Application for leave to appeal, 5 copies, with service, Completed on: 1994-10-18 F.J.U.
1994-10-18 Response to the motion to extend the time to file and / or serve the leave application, to Oct. 28/94, with service Her Majesty the Queen
1994-10-18 Affidavit, (of F.J.U.), with service F.J.U.
1994-10-18 Motion to extend the time to file and or serve the application for leave to appeal, until Oct. 28/94, with service F.J.U.
1994-09-29 Certified casebook, 1 copy of vols. 1 to 3, with service F.J.U.
1994-09-28 Case on appeal, 23 copies of vols. 1 to 3 F.J.U.
1994-09-22 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, ADJOURNED
1994-09-20 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, of Renee M. Pomerance (2 copies) (AMENDED CONSENT RECEIVED ON DEC. 21/94) Her Majesty the Queen
1994-09-20 Affidavit, of F.J.U. (2 copies) F.J.U.
1994-09-20 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, (2 copies) F.J.U.
1994-09-16 Correspondence (sent by the Court) to, from Lang, Michener; re: acts as Ottawa agent
1994-09-02 Correspondence (sent by the Court) to, sent to Bruce Durno (Toronto, ON) re: subsection 695(2) of Criminal Code of Canada, c.c. A.G. of ON and Burke-Robertson
1994-08-17 Decision on motion to extend time, to file case on appeal to Sept 30/94, Reg
Granted, no order as to costs
1994-08-17 Hearing of motion to extend time, 1994-08-17, to file case on appeal to Sept 30/94, Reg
1994-08-17 Submission of motion to extend time, 1994-08-17, to file case on appeal to Sept 30/94, Reg
1994-08-05 Response to motion to extend time, to file the Case on Appeal to September 30/94 Her Majesty the Queen
1994-08-05 Affidavit, to file the Case on Appeal to September 30/94 (of F.J.U.) F.J.U.
1994-08-05 Motion to extend time, to file the Case on Appeal to September 30/94, with service F.J.U.
1994-06-13 Correspondence (sent by the Court) to, sent to A.G. for ON (Toronto, ON) from C. Alain enclosing copy of Rule 32
1994-06-13 Correspondence (sent by the Court) to, sent to Bruce Durno (Toronto, ON) from C. Alain enclosing copy of Rule 32
1994-05-20 $30.00 filing fee, receipt no. 24602 F.J.U.
1994-05-20 Notice of appeal, (1 copy), with service F.J.U.

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
F.J.U. Applicant Active

v.

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

Counsel

Party: F.J.U.

Counsel
Name
Bruce Durno
Contact information
Ecclestone & Durno
49 ST NICHOLAS ST
TORONTO, Ontario
M4Y 1W6
Telephone: (416) 922-6147
FAX: (416) 924-5443
Agent
Name
Eugene Meehan
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

Party: Her Majesty the Queen

Counsel
Name
Renee M. Pomerance
Contact information
Attorney General for Ontario
10th Floor, Crown Law Office Criminal
720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4603
FAX: (416) 326-4656
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

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

December 13, 1990
Ontario Court of Justice (General Division)

0507/89

conviction: 1 count of incest and 2 counts of sexual interference

May 17, 1994
Court of Appeal for Ontario

C6613

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

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

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Date modified: 2025-05-13