Case information
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24634
Claude Morin v. Her Majesty the Queen
(Ontario) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1998-06-09 | Appeal closed | |
| 1997-09-08 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON) | |
| 1997-09-08 | Copy of formal judgment being prepared, Bayne, Sellar, Boxall (Ottawa, ON) | |
| 1997-09-08 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1997-08-25 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON) (Re-hearing) | |
| 1997-08-25 | Notice of deposit of judgment sent to all parties, Bayne, Sellar, Boxall (Ottawa, ON) (Re-hearing) | |
| 1997-08-21 |
Decision on the motion for a re-hearing of the appeal, CJ LaF L'HD So G Co McL Ia Ma, The motion to extend time for presenting a motion for re-hearing of the appeal is granted, but the application for re-hearing is dismissed. In light of the circumstances, the trial judge will be in a much different position at the new trial than this Court found itself when hearing the appeal and dealing with the statement made by the ex-spouse. Indeed, the issue of necessity and reliability required to trigger the admissibility of a third- party statement under the K.G.B. rule with be assessed in the light of whatever new circumstances will have been adduced before the trial judge, including the relationship of the ex- spouse with the police officer and the fact that she is no longer married to the accused. (Joint with 24633) Dismissed, no order as to costs |
|
| 1997-08-21 | Hearing of motion for a re-hearing of the appeal, 1997-08-21, CJ LaF L'HD So G Co McL Ia Ma | |
| 1997-08-21 | All material on motion for a re-hearing of the appeal submitted to Justices, 1997-08-21, CJ LaF L'HD So G Co McL Ia Ma | |
| 1997-07-31 | Response to the motion for a re-hearing of the appeal, 10 copies (joint with 24633), sent to CJ, Laf, L'HD, So, G, Co, McL, I, Ma, Aug. 8/97, with service, Completed on: 1997-07-31 | Her Majesty the Queen |
| 1997-07-30 | $50.00 filing fee for notice of motion, for rehearing receipt #34547 | Claude Morin |
| 1997-07-30 | Motion to extend time, for rehearing the appeal 10 copies, sent to CJ, LaF, L'HD, So, G, Co, McL, I, Ma, Aug. 8/97, with service, Completed on: 1997-07-30 | Claude Morin |
| 1997-07-30 | Motion for a re-hearing of the appeal, 10 copies (refer to Motion Record in 24633), sent to CJ, LaF, L'HD, So, G, Co, McL, I, Ma, Aug. 8/97, with service, Completed on: 1997-07-30 | Claude Morin |
| 1996-12-09 | Copy of formal judgment being prepared, Bayne, Sellar, Boxall | |
| 1996-12-09 | Copy of formal judgment being prepared, Burke-Robertson | |
| 1996-12-04 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1996-11-29 | Notice of deposit of judgment sent to all parties, Bayne, Sellar, Boxall | |
| 1996-11-29 | Notice of deposit of judgment sent to all parties, Burke-Robertson | |
| 1996-11-28 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeals are dismissed and the order of a new trial is affirmed. Sopinka, McLachlin and Major JJ. dissenting. (heard with 24633) Dismissed, no order as to costs |
|
| 1996-07-19 | General proceeding, 10 copies of ADDITIONAL SUBMISSIONS (see Sopinka's order dated July 10/96) (joint with 24633) sent to CJ LaF L'HD So G Co McL I Ma, July 22/96, with service | Claude Morin |
| 1996-07-10 |
Decision on miscellaneous motion, to file a supplementary book of authorities. Appellants Hawkins & Morin may file additional submissions relating to the cases contained in the new material. Such additional submissions to be filed within 30 days. (heard with 24633), So Granted, no order as to costs |
|
| 1996-07-10 | Hearing of miscellaneous motion, 1996-07-10, to file a supplementary book of authorities. Appellants Hawkins & Morin may file additional submissions relating to the cases contained in the new material. Such additional submissions to be filed within 30 days. (heard with 24633), So | |
| 1996-07-10 | Submission of miscellaneous motion, 1996-07-10, to file a supplementary book of authorities. Appellants Hawkins & Morin may file additional submissions relating to the cases contained in the new material. Such additional submissions to be filed within 30 days. (heard with 24633), So | |
| 1996-07-09 | Correspondence (sent by the Court) to, (by fax) from Catherine A. Cooper; re: Crown's position is set out in my affidavit and have nothing further to add (original received on July 12/96) | |
| 1996-07-02 | Affidavit, of Harald A. Mattson, counsel for C. Morin re: RESPONSE TO THE RESPONDENT'S MOTION TO FILE A SUPPL. AUTHORITIES, with service | Claude Morin |
| 1996-06-27 | Affidavit, of Peter B. Hambly re: RESPONSE to the misc. motion and affidavit of K. Cooper (joint wtih 24633), with service | Claude Morin |
| 1996-06-21 | Affidavit, of Catherine Cooper re: motion to file a suppl. book of authorites (jont with 24633), with service | Her Majesty the Queen |
| 1996-06-21 | Notice of miscellaneous motion, TO FILE A SUPPLEMENTARY BOOK OF AUTHORITIES - 1 copy (joint with 24633), with service, Completed on: 1996-06-21 | Her Majesty the Queen |
| 1996-06-17 | Correspondence (sent by the Court) to, from H. Mattson, letter dated June 17/96 (fax copy) re: DO NOT CONSENT TO THE NEW BOOK OF AUTHORITIES | |
| 1996-06-14 | Supplemental document, 10 copies of SUPPLEMENTARY AUTHORITIES (joint with 24633 (sent to full bench on July 11/96) | Her Majesty the Queen |
| 1996-06-14 | Correspondence (sent by the Court) to, from Catherine Cooper, letter dated June 12/96 re: enclosing 3 unreported rulings (joint with 24633) | |
| 1996-03-25 | General proceeding, transcripts received and distributed to the judges (179 pages) joint with 24633 | |
| 1996-03-18 |
Hearing of the appeal, 1996-03-18, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1996-03-18 | General proceeding, to note 10 copies of SUMMARY BOOK | Claude Morin |
| 1996-03-18 | General proceeding, to note 10 copies of BOOK OF EXTRACTS | Her Majesty the Queen |
| 1996-03-13 | Correspondence (sent by the Court) to, of Terri H. Semanyk (Maclaren Corlett) re: duration of argument | |
| 1996-03-07 | Book of authorities, 10 copies of vol. 1 and 2 (JOINT WITH 24633), with service, Completed on: 1996-03-07 | Her Majesty the Queen |
| 1996-02-15 | Order on motion to extend time, to file the factum | |
| 1996-02-12 |
Decision on motion to extend time, to file the factum to Jan 30/96, Reg Granted, no order as to costs |
|
| 1996-02-12 | Hearing of motion to extend time, 1996-02-12, to file the factum to Jan 30/96, Reg | |
| 1996-02-12 | Submission of motion to extend time, 1996-02-12, to file the factum to Jan 30/96, Reg | |
| 1996-02-02 | Response to motion to extend time, to file the respondent's factum to Jan. 30/96, Completed on: 1996-02-02 | Claude Morin |
| 1996-01-30 | Affidavit, to file the factum to Jan. 30/96; Jamie C. Klukach, with service | Her Majesty the Queen |
| 1996-01-30 | Motion to extend time, to file the factum to Jan. 30/96, with service, Completed on: 1996-01-30 | Her Majesty the Queen |
| 1996-01-30 | Respondent's factum, 24 copies (joint with 24633), with service, Completed on: 1996-01-30 | Her Majesty the Queen |
| 1996-01-03 |
Appeal hearing scheduled, 1996-03-18 Decision reserved |
|
| 1995-10-19 | Appeal perfected for hearing | |
| 1995-08-24 | Book of authorities, 10 copies | Claude Morin |
| 1995-08-24 | Appellant's factum, 24 copies | Claude Morin |
| 1995-06-19 | Certified casebook, vol. 1 to 5 (joint with 24633) (vol.V returned for correction on June 28/95), with service | Claude Morin |
| 1995-05-18 | Case on appeal, 23 copies of vol. I to V (joint with 24633) (vol. V returned for correction on June 28/95) | Claude Morin |
| 1995-04-10 | Correspondence (sent by the Court) to, from Robert Houston; re: Ms. Cathy Cooper is the Crown counsel | |
| 1995-04-03 | Correspondence (sent by the Court) to, sent to Harald A. Mattson (Kitchener, ON) re: subsection 695(2) c.c. David Butt and Burke-Robertson | |
| 1995-03-30 | Correspondence (sent by the Court) to, sent to Harald A. Mattson (Kitchener, ON) enclosing copy of Rule 32 | |
| 1995-03-29 | General proceeding, 1 copy of reasons for judgment of Court of Appeal | Claude Morin |
| 1995-03-28 | $30.00 filing fee, receipt no. 22309 | Claude Morin |
| 1995-03-27 | Notice of appeal, (1 copy) ($30.00 and reasons for judgment requested), with service | Claude Morin |
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 |
|---|---|---|
| Morin, Claude | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Morin, Claude
Counsel
KITCHENER, Ontario
N2H 6P4
Telephone: (519) 743-7530
FAX: (519) 571-1805
Agent
500 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 236-0535
FAX: (613) 236-6958
Party: Her Majesty the Queen
Counsel
720 BAY ST
10TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4602
FAX: (416) 326-4656
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Summary
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Summary
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Lower court rulings
Court of Appeal for Ontario
C15751
appeal allowed
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
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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
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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.
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