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24454

Timothy Randall Lemky 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
1997-07-23 Appeal closed
1996-05-03 Correspondence (sent by the Court) to, dated April 26/96 from Mr. Justice R. McL. Cooper of the Supreme Court of B.C. re: word "living" in the judgment Lemky v. R.
1996-05-02 Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver)
1996-05-02 Copy of formal judgment being prepared, burke-Robertson
1996-05-02 Copy of formal judgment being prepared, Gowling, Strathy & Henderson
1996-04-04 Correspondence (sent by the Court) to, sent to Court Registry (Smithers, BC) enclosing their record
1996-04-04 Record returned to the Registrar of the Court of Appeal
1996-03-22 Notice of deposit of judgment sent to all parties, Buke-Robertson
1996-03-22 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1996-03-21 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is dismissed and the conviction if affirmed.
Dismissed, no order as to costs
1995-12-18 General proceeding, transcript received and distributed to the justices (56 pages)
1995-12-08 Hearing of the appeal, 1995-12-08, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1995-12-04 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1995-12-01 Book of authorities, 10 copies, with service Her Majesty the Queen
1995-11-21 Correspondence (sent by the Court) to, from Burke-Robertson re: duration of argument
1995-11-17 Book of authorities, 10 copies Timothy Randall Lemky
1995-11-09 Respondent's factum, 24 copies (see order of Oct. 19/95), with service Her Majesty the Queen
1995-10-19 $50.00 filing fee for notice of motion, to extend time receipt receipt #30892 Her Majesty the Queen
1995-10-19 Order on motion to extend time, to file the factum
1995-10-13 Decision on motion to extend time, to file the factum to Nov 13/95, DeRg
Granted, no order as to costs
1995-10-13 Hearing of motion to extend time, 1995-10-13, to file the factum to Nov 13/95, DeRg
1995-10-13 Submission of motion to extend time, 1995-10-13, to file the factum to Nov 13/95, DeRg
1995-10-13 Response to motion to extend time, of Adrian Brooks (re: motion to file the respondent's factum to Nov. 13/95) Timothy Randall Lemky
1995-10-13 Affidavit, of W. Ehrcke (re: motion to file the respondent's factum to Nov. 13/95) Her Majesty the Queen
1995-10-13 Motion to extend time, to file the Respondent's factum to Nov. 13/95 ($50.00 requested) Her Majesty the Queen
1995-09-27 Correspondence (sent by the Court) to, from Burke-Robertson re: duration of argument
1995-09-27 Trial court record, 1 envelope to be sent back to: No:40, Bag 5000, 3793 Alfred Ave., Smithers, B.C. V0J 2N0
1995-09-25 Appeal hearing scheduled, 1995-12-08
Decision reserved
1995-08-29 Appeal court record, 1 accordion file
1995-08-28 Notice of hearing, With service Timothy Randall Lemky
1995-08-28 Correspondence (sent by the Court) to, from Burke-Robertson re: duration of argument
1995-08-28 Appellant's factum, 24 copies, with service Timothy Randall Lemky
1995-07-27 Appeal perfected for hearing, Session beginning on 1995-10-02
1995-05-24 Certified casebook, vol. I & II, with service Timothy Randall Lemky
1995-05-24 Case on appeal, 23 copies of vol. I & II Timothy Randall Lemky
1995-05-04 Correspondence (sent by the Court) to, sent to Adrian Brooks (Victoria, BC) re: subsection 695(2) c.c. W.F. Ehrcke and Gowling, Strathy & Henderson and Burke-Robertson
1995-04-27 Correspondence received from, sent to A.G. of BC (Vancouver, BC) enclosing copy of Rule 32 c.c. Burke-Robertson
1995-04-27 Correspondence (sent by the Court) to, sent to Adrian Brooks (Victoria, BC) enclosing copy of Rule 32 c.c. Gowling, Strathy & Henderson
1995-03-29 Notice of appeal, With service Timothy Randall Lemky
1995-03-02 Judgment of the Court on the application for leave to appeal, CJ G Ia, The application for extension of time and the application for leave to appeal are granted.
Granted, no order as to costs
1995-03-02 Decision on motion to extend time to file and /or serve the leave application, CJ G Ia
Granted, no order as to costs
1995-03-02 Hearing of motion to extend time to file and/ or serve the leave application, 1995-03-02, CJ G Ia
1995-03-02 Submission of motion to extend time to file and/ or serve the leave application, 1995-03-02, CJ G Ia
1995-03-02 Notice of deposit of judgment issued to all parties, Burke-Robertson
1995-03-02 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1994-12-21 All materials on application for leave submitted to the Judges, CJ G Ia
1994-12-15 Respondent's response on the application for leave to appeal, 5 copies, with service Her Majesty the Queen
1994-12-09 $30.00 filing fee, (receipt no. 21383) Timothy Randall Lemky
1994-12-09 Application for leave to appeal, 5 copies (filing fee missing), with service, Completed on: 1994-12-09 Timothy Randall Lemky
1994-12-09 Affidavit, of Timothy Randall Lemky (5 copies - included in the motion book), with service Timothy Randall Lemky
1994-12-09 Motion to extend the time to file and or serve the application for leave to appeal, to Dec. 9/94 (5 copies - included in the motion book), with service Timothy Randall Lemky

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
Lemky, Timothy Randall Applicant Active

v.

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

Counsel

Party: Lemky, Timothy Randall

Counsel
Name
Adrian Brooks
Contact information
Brooks, McKimm & Marshall
736 Broughton St
2nd Fl
Victoria, British Columbia
V8W 1E1
Telephone: (250) 920-0144
FAX: (250) 920-0177
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
William F. Ehrcke, Q.C.
Contact information
Attorney General of British Columbia
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Agent
Name
V. Jennifer Mackinnon
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
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

August 27, 1992
Court of Appeal for British Columbia (Vancouver)

CA013096

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

Not available.

Date modified: 2025-05-13