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24642

John Seymour v. Her Majesty the Queen

(British Columbia) (Criminal) (As of Right)

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)
1996-09-24 Appeal closed
1996-07-05 Correspondence (sent by the Court) to, 1 env. enclosing their record
1996-07-05 Record returned to the Registrar of the Court of Appeal, (1 env.)
1996-07-03 Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Victoria)
1996-07-03 Copy of formal judgment being prepared, Burke-Robertson
1996-07-03 Copy of formal judgment being prepared, Gowling, Strathy & Henderson
1996-05-31 Notice of deposit of judgment sent to all parties, Burke-Robertson
1996-05-31 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson
1996-05-30 Judgment on the appeal rendered, LaF So Co Ia Ma, The appeal is allowed, the order of the Court of Appeal is set aside and a new trial is directed.
Allowed, no order as to costs
1996-03-05 General proceeding, transcripts received and distributed to the judges (70 pages)
1996-02-22 Hearing of the appeal, 1996-02-22, LaF So Co Ia Ma
Decision reserved
1996-02-22 Supplemental document, 9 copies of APPELLANT'S ADDITIONAL AUTHORITIES (GIVEN IN COURT BY THE APPELLANT) John Seymour
1996-02-16 Correspondence (sent by the Court) to, of Gowlings re: duration of argument
1996-02-13 Book of authorities, 10 copies, with service, Completed on: 1996-02-13 John Seymour
1996-02-09 Appeal court record, (accordeon)
1996-02-09 General proceeding, 24 copies of ERRATA IN APPELLANT'S FACTUM AT PAGES 20 AND 33 sent to LaF So Co I Ma, Feb 12/96 John Seymour
1996-02-02 Appeal court record, (accordeon) TO BE SENT BACK TO: SUPREME COURT OF BRITISH COLUMBIA, 238 Government Street, Duncan, B.C. V9L 1A5
1996-01-25 Book of authorities, 10 copies, with service, Completed on: 1996-01-25 Her Majesty the Queen
1996-01-22 Respondent's factum, 26 copies, with service, Completed on: 1996-01-22 Her Majesty the Queen
1996-01-17 Correspondence (sent by the Court) to, from Burke-Robertson re: duration of argument
1996-01-12 Notice of hearing John Seymour
1996-01-05 Appeal hearing
1996-01-05 Appeal removed from the list
1996-01-05 Decision on motion to extend time, to serve and file the factum to Jan 23/96, Reg
Granted, no order as to costs
1996-01-05 Hearing of motion to extend time, 1996-01-05, to serve and file the factum to Jan 23/96, Reg
1996-01-05 Submission of motion to extend time, 1996-01-05, to serve and file the factum to Jan 23/96, Reg
1996-01-04 $50.00 filing fee for notice of motion, receipt no. 31331 Her Majesty the Queen
1996-01-04 Response to motion to extend time, of Morahan & Aujla re: motion to extend the time to file the respondent's factum to Jan. 23/96, Completed on: 1996-01-04 John Seymour
1996-01-04 Affidavit, of William F. Ehrcke re: motion to extend the time to file the respondent's factum to Jan. 23/96, with service Her Majesty the Queen
1996-01-04 Motion to extend time, to file the respondent's factum to Jan. 23/96, with service, Completed on: 1996-01-04 Her Majesty the Queen
1996-01-03 Appeal hearing scheduled, 1996-02-22
Decision reserved
1995-12-22 Appeal perfected for hearing, Session beginning on 1996-01-22
1995-10-30 Proof of service, 1 copy of factum, with service
1995-10-27 Appellant's factum, 23 copies. John Seymour
1995-09-25 Proof of service, of Case on Appeal Vols. 1 and 2
1995-09-21 Certified casebook, vol. I & II (see order of Sept. 13/95) John Seymour
1995-09-21 Case on appeal, 23 copies of vol. I & II John Seymour
1995-09-13 Decision on motion to extend time, to file case on appeal to Sept 29/95 and the appellant's factum to Oct 31/95, CJ
Granted, no order as to costs
1995-09-13 Hearing of motion to extend time, 1995-09-13, to file case on appeal to Sept 29/95 and the appellant's factum to Oct 31/95, CJ
1995-09-13 Submission of motion to extend time, 1995-09-13, to file case on appeal to Sept 29/95 and the appellant's factum to Oct 31/95, CJ
1995-09-13 Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause
1995-09-13 Order on motion to extend time, to file case on appeal and factum
1995-09-13 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, CJ
Granted, no order as to costs
1995-09-13 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1995-09-13, CJ
1995-09-13 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1995-09-13, CJ
1995-09-08 Response to motion to extend time, to file the appellant's factum to Oct. 31/95 and the case on appeal to Setp. 29/95 - fax copy - (W. Ehrcke) Her Majesty the Queen
1995-09-08 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, of William Ehrcke (fax copy) Her Majesty the Queen
1995-09-07 $50.00 filing fee for notice of motion, receipt no. 30609 John Seymour
1995-09-07 Affidavit, of Barbar McMillan re: motion to extend the time to file the case on appeal to Sept. 29/95 and the appellant's factum to Oct. 31/95, with service John Seymour
1995-09-07 Affidavit, of Barbara McMillan - 1 copy, with service John Seymour
1995-09-07 Motion to extend time, to file the case on appeal to Sept. 29/95 and the appellant's factum to Oct. 31/95 - 1 copy, with service John Seymour
1995-09-07 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, (1 copy) joint with motion to extend the time, with service John Seymour
1995-09-05 Show cause requested by the Court, for Oct 2/95 at 2:00 p.m. sent to Morahan & Aujla (Victoria, BC) c.c. A.G. of BC and Gowling, Strathy & Henderson and Burke-Robertson
1995-04-12 General proceeding, 1 copy of Reasons for judgment from C.A. John Seymour
1995-04-05 Correspondence (sent by the Court) to, sent to Morahan & Aujla (Victoria, BC) re: subsection 695(2) c.c. Dirk Ryneveld, Q.C., Gowling, Strathy & Henderson and Burke-Robertson
1995-04-04 Correspondence (sent by the Court) to, sent to A.G. of BC (Victoria, BC) enclosing copy of Rule 32 c.c. Burke-Robertson
1995-04-04 Correspondence (sent by the Court) to, sent to Morahan & Aujla (Victoria, BC) enclosing copy of Rule 32, c.c. Gowling, Strathy & Henderson
1995-03-29 $30.00 filing fee, receipt #22312 John Seymour
1995-03-29 Notice of appeal, (fax copy) John Seymour

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
Seymour, John Applicant Active

v.

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

Counsel

Party: Seymour, John

Counsel
Name
B. Rory B. Morahan
Contact information
Morahan & Aujla
203 - 821, Burdett Avenue
Victoria, British Columbia
V8W 1B3
Telephone: (604) 385-2244
FAX: (604) 385-8748
Email: rmorahan@victorialaw.com
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur 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

May 5, 1993
Supreme Court of British Columbia

x

acquittal: second degree murder

March 2, 1995
Court of Appeal for British Columbia (Vancouver)

VI01894

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