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24360

Her Majesty the Queen v. Alexander Nikolovski

(Ontario) (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)
1998-06-09 Appeal closed
1997-02-10 Correspondence (sent by the Court) to, sent to A.G. ONT. (Toronto, ON) enclosing their record (1 folder)
1997-02-10 Record returned to the Registrar of the Court of Appeal, (1 folder)
1997-01-13 Copy of formal judgment being prepared, Gowling, Strathy & Henderson, (Ottawa, ON)
1997-01-13 Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON)
1997-01-10 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1996-12-13 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, Ontario)
1996-12-12 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed, the order of the Court of Appeal is set aside and the conviction of the respondent is restored, Sopinka and Major JJ. dissenting.
Allowed, no order as to costs
1996-11-12 General proceeding, transcripts received and distributed to the judges (49 pages)
1996-10-03 Hearing of the appeal, 1996-10-03, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1996-10-02 Proof of service, 1 copy of 2nd supplemental book of authorities, with service
1996-09-27 Supplemental document, 10 copies of 2ND SUPPLEMENTARY BOOK OF AUTHORITIES, with service Her Majesty the Queen
1996-09-16 Book of authorities, 10 copies (AMENDED - with highlighted portions), Completed on: 1996-09-16 Alexander Nikolovski
1996-08-20 Appeal hearing scheduled, 1996-10-03
Decision reserved
1996-06-28 Correspondence (sent by the Court) to, from John Collins to D. Butt and D. Beaulieu, letter dated June 20/96 re: 1) providing explanation for failing to attend on May 23/96 at the hearing of the appeal 2) Gowling, Strathy to act as Ottawa agent
1996-06-12 Decision on motion to extend time, to file the factum to Feb 22/96, Reg
Granted, no order as to costs
1996-06-12 Hearing of motion to extend time, 1996-06-12, to file the factum to Feb 22/96, Reg
1996-06-12 Submission of motion to extend time, 1996-06-12, to file the factum to Feb 22/96, Reg
1996-06-10 $50.00 filing fee for notice of motion, to extend time receipt #32207 Alexander Nikolovski
1996-06-10 Response to motion to extend time, to file the respondent's factum to Feb. 22/96, Completed on: 1996-06-10 Her Majesty the Queen
1996-06-10 Affidavit, to file the respondent's factum to Feb. 22/96 (of John Collins) Alexander Nikolovski
1996-06-10 Motion to extend time, to file the respondent's factum to Feb. 22/96, Completed on: 1996-06-10 Alexander Nikolovski
1996-06-03 Correspondence (sent by the Court) to, from Kimmel, Victor to D. Beaulieu, letter dated May 29/96 re: all correspondence should be sent to Kimmel, Victor on 112 Lisgar Street, Ottawa (fax copy)
1996-05-24 Correspondence (sent by the Court) to, from D. Beaulieu addressed to John Collins; re: appeal being traversed to the fall session (cc. to D. Butt)
1996-05-23 Judgment on the appeal rendered, adjourned at a date to be fixed by the CJ (respondent did not show)
Traversed, no order as to costs
1996-05-23 Hearing of the appeal, 1996-05-23, adjourned at a date to be fixed by the CJ (respondent did not show)
Adjourned
1996-04-02 Appeal hearing scheduled, 1996-05-23
Adjourned
1996-02-22 Book of authorities, 10 copies, Completed on: 1996-02-22 Alexander Nikolovski
1996-02-22 Respondent's factum, 24 copies, with service, Completed on: 1996-02-22 Alexander Nikolovski
1996-02-21 Appeal perfected for hearing, Session beginning on 1996-09-30
1996-02-20 Supplemental document, book of authorities; 10 copies Her Majesty the Queen
1996-01-22 Order on motion to extend time, to file the factum
1996-01-17 Response to motion to extend time, of Soloway, Wright re: motion to extend the time to file the appellant's factum to Dec. 27/95, Completed on: 1996-01-17 Alexander Nikolovski
1996-01-17 Decision on motion to extend time, to serve and file the factum to Dec 27/95, Reg
Granted, no order as to costs
1996-01-17 Hearing of motion to extend time, 1996-01-17, to serve and file the factum to Dec 27/95, Reg
1996-01-17 Submission of motion to extend time, 1996-01-17, to serve and file the factum to Dec 27/95, Reg
1996-01-09 Book of authorities, 10 copies, Completed on: 1996-01-09 Her Majesty the Queen
1996-01-04 $50.00 filing fee for notice of motion, receipt #31333 Her Majesty the Queen
1996-01-03 Affidavit, to serve and file the factum to Dec. 27/95; David Butt Her Majesty the Queen
1996-01-03 Motion to extend time, to serve and file the factum to Dec. 27/95, Completed on: 1996-01-03 Her Majesty the Queen
1995-12-27 Appellant's factum, 23 copies need extension of time to file late., with service Her Majesty the Queen
1995-12-20 Appeal court record, (accordeon)
1995-12-06 Appeal court record, 1 accordion file containing 1 video tape as C/A record was lost (see letter attached)
1995-09-25 Certified casebook, 1 copy Her Majesty the Queen
1995-08-28 Case on appeal, 23 copies, with service Her Majesty the Queen
1995-06-19 Correspondence (sent by the Court) to, sent to Dept of Justice (Toronto, ON) re: subsection 695(2) c.c. John Collins, Burke-Robertson and Soloway, Wright, Victor
1995-06-13 Correspondence (sent by the Court) to, sent to John Collins (Toronto, ON) enclosing copy of Rule 32 c.c. Soloway, Wright, Victor
1995-06-13 Correspondence (sent by the Court) to, sent to A.G. for ON (Toronto, ON) enclosing copy of Rule 32 c.c. Burke-Robertson
1995-06-12 Notice of appeal, With service Her Majesty the Queen
1995-06-08 Order granting leave to appeal
1995-06-02 Notice of deposit of judgment issued to all parties, Soloway, Wright, Victor (Ottawa, ON)
1995-06-02 Notice of deposit of judgment issued to all parties, Burke-Robertson
1995-06-01 Judgment of the Court on the application for leave to appeal, LaF Co Ma, The application for leave to appeal is granted.
Granted, no order as to costs
1995-04-10 Response to motion to extend time, to file the respondent's response to March 6/95 Her Majesty the Queen
1995-04-10 Decision on motion to extend time, to file the response to March 6/95, DeRg
Granted, no order as to costs
1995-04-10 Hearing of motion to extend time, 1995-04-10, to file the response to March 6/95, DeRg
1995-04-10 Submission of motion to extend time, 1995-04-10, to file the response to March 6/95, DeRg
1995-04-05 Affidavit, to file the respondent's response to March 6/95 (of John Collins) Alexander Nikolovski
1995-04-05 Motion to extend time, to file the respondent's response to March 6/95 Alexander Nikolovski
1995-03-16 All materials on application for leave submitted to the Judges, LaF Co Ma
1995-03-06 Respondent's response on the application for leave to appeal, 5 copies (extension of time requested), with service Alexander Nikolovski
1994-12-05 Correspondence received from, from David Butt; re: respondent awaiting for legal aid certificate; will consent to an extension of time for the filing of the response Her Majesty the Queen
1994-12-05 Correspondence received from, from David Butt; re: trial order unavailable Her Majesty the Queen
1994-12-05 General proceeding, copy of C.A. Order Her Majesty the Queen
1994-11-23 Response to the motion to extend the time to file and / or serve the leave application, of John Collins (to file the application for leave to appeal to Nov. 17/94) Alexander Nikolovski
1994-11-21 Correspondence received from, sent to John Collins (Toronto, ON) enclosing copy of letter dated Nov 21/94 sent to applicant
1994-11-21 Correspondence received from, sent to Burke-Robertson to acknowledge receipt of application for leave to appeal
1994-11-17 Application for leave to appeal, 5 copies (missing formal trial and appeal orders), with service, Completed on: 1994-12-05 Her Majesty the Queen
1994-11-17 Affidavit, to Nov. 17/94; 5 copies; David Butt, with service Her Majesty the Queen
1994-11-17 Motion to extend the time to file and or serve the application for leave to appeal, to Nov. 17/94; 5 copies, with service Her Majesty the Queen
1994-10-31 Proof of service, of the notice of application for leave to appeal (service admitted on Oct. 26/94)
1994-10-27 $30.00 filing fee, receipt #21095 Her Majesty the Queen
1994-10-27 Notice of application for leave to appeal, 2 copies 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

Main parties - Appellants
Name Role Status
Her Majesty the Queen Applicant Active

v.

Main parties - Respondents
Name Role Status
Nikolovski, Alexander Respondent Active

Counsel

Party: Her Majesty the Queen

Counsel
David B. Butt
Attorney General for Ontario
720 BAY ST
10TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4582
FAX: (416) 326-4656
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Nikolovski, Alexander

Counsel
John Collins
400 - 101 RICHMOND ST
RICHMOND-ADELAIDE CENTRE, Ontario
M5H 1T1
Telephone: (416) 364-9006
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
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

July 11, 1991
Ontario Court of Justice (General Division)

x

conviction: robbery

August 23, 1994
Court of Appeal for Ontario

C9351

appeal allowed; conviction quashed and acquittal entered

Memorandums of argument on application for leave to appeal

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 filing 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

Factums on appeal

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

Webcasts

Not available.

Date modified: 2025-05-13