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Case information

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24802

M.S. v. Her Majesty the Queen, et al.

(British Columbia) (Criminal) (By Leave)

(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)
1995-12-13 Copy of formal judgment on leave being prepared, A.G. of Canada (Ottawa, ON)
1995-12-13 Copy of formal judgment on leave being prepared, Michael Schemmann (Agassiz, BC)
1995-12-12 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, British Columbia (Vancouver)
1995-11-09 Judgment of the Court on the application for leave to appeal, CJ G Ia, The application for leave to appeal is dismissed with costs.
Dismissed, with costs
1995-11-09 Notice of deposit of judgment issued to all parties, A.G. of Canada (Ottawa, ON)
1995-11-09 Notice of deposit of judgment issued to all parties, Michael Schemmann (Agassiz, BC)
1995-10-17 All materials on application for leave submitted to the Judges, CJ G Ia
1995-09-12 Applicant's reply to respondent's argument, 5 copies (+ 1 fax copy) M.S.
1995-09-08 Respondent's response on the application for leave to appeal, 5 copies, with service Her Majesty the Queen
1995-08-15 Proof of service, of the notice of change of Solicitor (service admitted on July 20, 1995)
1995-07-13 Correspondence received from, sent to Michael Schemmann (Agassiz, BC) to advise that his application to be exempt from payment of $50. filing fee was granted July 13/95 from M. Larmour
1995-07-13 Decision on the miscellaneous motion, re: exemption from payment of filing fee, DeRg
Granted, no order as to costs
1995-07-13 Hearing of miscellaneous motion, 1995-07-13, re: exemption from payment of filing fee, DeRg
1995-07-13 Submission of miscellaneous motion, 1995-07-13, re: exemption from payment of filing fee, DeRg
1995-07-12 Notice of change of solicitor, appointing Sandra E. Weafer in place of Peter A. Eccles (of Connell Lightbody) Her Majesty the Queen
1995-07-12 Correspondence received from, from Graham Garton to Registrar, letter dated July 12, 1995 (fax copy) re: respondents do not oppose the motion for an order excusing from paying the filing fee Her Majesty the Queen
1995-07-07 Correspondence received from, from D. Beaulieu to M. Schemmann re: acknowledge receipt of material commencing a proceeding and also acknowledge receipt of his letter dated July 6, 1995
1995-07-06 Correspondence received from, from N. Schemmann, letter dated July 6, 1995 re: application for leave to appeal M.S.
1995-06-16 Affidavit, of M. Schemmann re: motion to be excused from payment of the filing fee - 2 copies M.S.
1995-06-16 Notice of miscellaneous motion, (to be excused from payment of the filing fee) - 2 copies M.S.
1995-06-16 Application for leave to appeal, 5 copies (service admitted on June 9, 1995) (as per B. Kincaid) (N.B. ORDER ASSIGNING COUNSEL ONLY IF LEAVE IS GRANTED - SEE ORDER SOUGHT IN LEAVE BOOK, P. 66), with service, Completed on: 1995-06-16 M.S.

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
M.S. Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active
Keeper of Mountain Institution Respondent Active

Counsel

Party: M.S.

This party is not represented by counsel.

Party: Her Majesty the Queen

Counsel
Sandra E. Weafer
Attorney General of Canada
900 - 840 HOWE ST
VANCOUVER, British Columbia
V6Z 2S9
Telephone: (604) 666-2761
Agent
Graham R. Garton, Q.C.
Attorney General of Canada
Department of Justice
239 Wellington St
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920

Party: Keeper of Mountain Institution

Counsel
Sandra E. Weafer
Attorney General of Canada
900 - 840 HOWE ST
VANCOUVER, British Columbia
V6Z 2S9
Telephone: (604) 666-2761
Agent
Graham R. Garton, Q.C.
Attorney General of Canada
Department of Justice
239 Wellington St
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920

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

November 14, 1994
Supreme Court of British Columbia

CC930288

see file

May 12, 1995
Court of Appeal for British Columbia (Vancouver)

CA019667

application dismissed

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: 2025-02-27