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24939

S.G.G. v. Her Majesty the Queen

(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)
1997-09-25 Record returned to the Registrar of the Court of Appeal, (3 boxes and 2 folders) sent together with 24161
1997-08-15 Appeal closed
1997-07-14 Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver)
1997-07-14 Copy of formal judgment being prepared, sent to Gowling, Strathy & Henderson (Ottawa, ON)
1997-07-14 Copy of formal judgment being prepared, sent to Burke-Robertson (Ottawa, ON)
1997-07-11 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1997-07-11 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON)
1997-07-10 Judgment on the appeal rendered, CJ L'HD So Co McL Ia Ma, The appeal is allowed, the judgment of the Court of Appeal is set aside, and a new trial is directed, L'Heureux-Dubé and McLachlin JJ dissenting.
Allowed, no order as to costs
1997-04-03 General proceeding, transcript received and distributed to the justices (59 pages)
1997-03-17 Hearing of the appeal, 1997-03-17, CJ L'HD So Co McL Ia Ma
Decision reserved
1997-03-17 General proceeding, 12 copies of CONDENSED BOOK OF EVIDENCE AND AUTHORITIES S.G.G.
1997-03-13 Supplemental document, book of authorities 10 copies, with service Her Majesty the Queen
1997-03-13 Book of authorities, 10 copies, Completed on: 1997-03-13 S.G.G.
1997-03-07 Correspondence (sent by the Court) to, from Gowlings re: duration of argument
1997-03-05 Order on motion to extend time, to file the factum
1997-03-03 Book of authorities, 10 copies, Completed on: 1997-03-03 Her Majesty the Queen
1997-02-27 Decision on motion to extend time, to file the respondent's factum to Feb. 21/97., Reg
Granted, no order as to costs
1997-02-27 Hearing of motion to extend time, 1997-02-27, to file the respondent's factum to Feb. 21/97., Reg
1997-02-27 Submission of motion to extend time, 1997-02-27, to file the respondent's factum to Feb. 21/97., Reg
1997-02-21 Affidavit, to file the respondent's factum to Feb. 21/97 (of Alexander Budlovsky), with service Her Majesty the Queen
1997-02-21 $50.00 filing fee for notice of motion, to extend time receipt #33614 Her Majesty the Queen
1997-02-21 Motion to extend time, to file the respondent's factum to Feb. 21/97, with service, Completed on: 1997-02-21 Her Majesty the Queen
1997-02-21 Respondent's factum, 24 copies, with service, Completed on: 1997-02-21 Her Majesty the Queen
1997-02-21 Appeal court record, (1 folder)
1997-02-14 Trial court record, (1 box)
1997-02-06 Notice of hearing S.G.G.
1997-01-27 Appeal hearing scheduled, 1997-03-17
Decision reserved
1996-12-06 Proof of service, of the appellant's factum (letter form)
1996-12-03 Proof of service, of factum (admitted on Dec. 2/96)
1996-11-29 Order on motion to extend time, to file the factum
1996-11-29 Decision on motion to extend time, to file the factum to Nov 28/96, Reg
Granted, no order as to costs
1996-11-29 Hearing of motion to extend time, 1996-11-29, to file the factum to Nov 28/96, Reg
1996-11-29 Submission of motion to extend time, 1996-11-29, to file the factum to Nov 28/96, Reg
1996-11-28 Response to motion to extend time, to serve and file the appellant's factum to Nov. 28/96, Completed on: 1996-11-28 Her Majesty the Queen
1996-11-28 Affidavit, to serve and file the factum to Nov. 28/96; Ian Donaldson (original filed Dec. 2/96) S.G.G.
1996-11-28 $50.00 filing fee for notice of motion, receipt #33113 S.G.G.
1996-11-28 Motion to extend time, to serve and file the factum to NOv. 28/96, Completed on: 1996-11-28 S.G.G.
1996-11-28 Appellant's factum, 24 copies, Completed on: 1996-11-28 S.G.G.
1996-11-26 Appeal perfected for hearing, Session beginning on 1997-01-20
1996-11-08 Proof of service, from Oliver & Cie (Vancouver, BC) re: double registered letter sent Nov 5/96
1996-11-08 Proof of service, from A.G. (Vancouver, BC) re: double registered letter sent Nov 5/96
1996-11-05 Correspondence (sent by the Court) to, sent to Ministry of the A.G. (Vancouver, BC) enclosing a Notice from the Registrar pursuant to Rule 45 (DOUBLE REGISTERED) c.c. Burke-Robertson
1996-11-05 Correspondence (sent by the Court) to, sent to Oliver and Company (Vancouver, BC) enclosing a Notice from the Registrar pursuant to Rule 45 (DOUBLE REGISTERED) c.c. Gowling, Strathy & Henderson
1996-09-25 Correspondence (sent by the Court) to, from J. Laniel addressed to C.A. (c.c. Ian Donaldson); referring to s. 63 of the Act
1996-09-25 Correspondence (sent by the Court) to, (by fax) from Ian Donaldson addressed to the C.A. ; re: requesting that the C.A. record be sent to S.C.C.
1996-08-23 Correspondence (sent by the Court) to, sent to Oliver and Company (Vancouver, BC) enclosing a notice to the profession dealing with condensed books c.c. Gowling, Strathy & Henderson, A.G. of B.C., Burke-Robertson
1996-07-30 Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause
1996-07-30 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, on condition that the appeal is heard in the winter 1997 session, So
Granted, no order as to costs
1996-07-30 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1996-07-30, on condition that the appeal is heard in the winter 1997 session, So
1996-07-30 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1996-07-30, on condition that the appeal is heard in the winter 1997 session, So
1996-07-26 Certified casebook, vol. I to IX S.G.G.
1996-07-26 Case on appeal, 23 copies of vol. I to IX S.G.G.
1996-07-24 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, of Burke-Robertson, Completed on: 1996-07-24 Her Majesty the Queen
1996-07-24 Affidavit, of Ian Donaldson, with service S.G.G.
1996-07-24 $50.00 filing fee for notice of motion, receipt no. 32382 S.G.G.
1996-07-24 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, (1 copy), with service, Completed on: 1996-07-24 S.G.G.
1996-06-28 Correspondence (sent by the Court) to, from Ian Donaldson to Registrar, letter dated June 27/96 re: requesting casebooks and transcript be sent to Appin Road Appeals to prepare the case on appeal (E.V.B. advised on June 28/96) (fax copy)(original received on July 3/96)
1996-05-07 Correspondence (sent by the Court) to, sent to Oliver and Company (Vancouver, BC) re: subsection 695(2) c.c. Smart and Williams, Gowling, Strathy & Henderson and Burke-Robertson
1996-05-02 Order granting leave to appeal
1996-05-02 Correspondence (sent by the Court) to, sent to Smart and williams (Vancouver, BC) enclosing copy of Rule 32 c.c. Burke-Robertson
1996-05-02 Correspondence (sent by the Court) to, sent to Oliver and Company (Vancouver, BC) enclosing copy of Rule 32 c.c. Gowling, Strathy & Henderson
1996-04-30 Notice of appeal, With service, Completed on: 1996-04-30 S.G.G.
1996-04-04 Notice of deposit of judgment issued to all parties, Burke-Robertson
1996-04-04 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1996-04-03 Judgment of the Court on the application for leave to appeal, CJ G Ia, The application for leave to appeal is granted.
Granted, no order as to costs
1996-02-29 All materials on application for leave submitted to the Judges, CJ G Ia
1996-02-09 Proof of service, of the application for leave admitted early January by the respondent (letterform)
1996-02-08 Court of Appeal casebooks and transcripts of evidence, 1 copy of index + 1 copy of vols. 1 to 9 (given to E.V.B. to prepare the case on appeal on July 3/96 returned on Oct. 3/96)
1996-02-07 Respondent's response on the application for leave to appeal, 5 copies (does not oppose to the extension of time - see page 20 of the memorandum of argument), with service, Completed on: 1996-02-07 Her Majesty the Queen
1996-01-11 Correspondence received from, sent to Gowling (Ottawa, ON) to acknowledge receipt of application for leave to appeal
1996-01-11 Correspondence received from, sent to Burke-Robertson enclosing copy of letter dated Jan 11/96 sent to applicant
1996-01-05 Correspondence received from, from Oliver & Co. re: trial transcript containing evidence has been ordered S.G.G.
1996-01-05 Application for leave to appeal, 5 copies (service, signature of counsel and Trial transcriptreceived Feb. 9 1996) (ORIGINAL WITH SIGNATURE RECEIVED ON FEB. 9/96), Completed on: 1996-02-09 S.G.G.
1996-01-05 Affidavit, of Ian Donaldson (included in the application for leave to appeal) S.G.G.
1996-01-05 Motion to extend the time to file and or serve the application for leave to appeal, to Jan. 5/96 (included in the application for leave to appeal), Completed on: 1996-01-05 S.G.G.
1995-10-27 $50.00 filing fee, receipt no. 30957 S.G.G.
1995-10-25 Notice of application for leave to appeal, 2 copies S.G.G.

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
S.G.G. Applicant Active

v.

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

Counsel

Party: S.G.G.

Counsel
Ian Donaldson
Oliver and Company
1920 - 777 HORNBY ST
VANCOUVER, British Columbia
V6Z 2L1
Telephone: (604) 681-5232
Agent
Henry S. Brown, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Her Majesty the Queen

Counsel
Alexander Budlovsky
Attorney General of British Columbia
6th Floor
865 Hornby
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Email: alexander.budlovsky@gov.bc.ca
Agent
V. Jennifer Mackinnon
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4195

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

June 4, 1992
Supreme Court of British Columbia

x

Judgment granting Crown leave to reopen its case

June 28, 1995
Court of Appeal for British Columbia (Vancouver)

CA015830

Order dismissing re-argued ground of appeal

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

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Date modified: 2025-05-13