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Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.


24995

Michael McCarthy 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
1996-09-24 Appeal closed
1996-07-04 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1996-07-04 Copy of formal judgment being prepared, Burke-Robertson
1996-07-04 Copy of formal judgment being prepared, Shore, Davis & Perkins-McVey
1996-06-21 Judgment on the appeal rendered, conviction set aside - new trial ordered, So G Co McL Ma
Allowed, no order as to costs
1996-06-21 Hearing of the appeal, 1996-06-21, conviction set aside - new trial ordered, So G Co McL Ma
1996-06-18 Correspondence (sent by the Court) to, from Burke-Robertson re: duration of argument (fax copy)
1996-06-17 Book of authorities, 10 copies, Completed on: 1996-06-17 Michael McCarthy
1996-06-06 Order on motion to extend time, to file the factum
1996-06-05 Correspondence (sent by the Court) to, from Burke Robertson, letter dated June 5/96 re: enclosing a revised first page of the Respondent's factum (attached) (TO BE DISTRIBUTED)
1996-06-05 $50.00 filing fee for notice of motion, receipt no. 32183 Her Majesty the Queen
1996-06-05 Decision on motion to extend time, to file the factum to May 31/96, Reg
Granted, no order as to costs
1996-06-05 Hearing of motion to extend time, 1996-06-05, to file the factum to May 31/96, Reg
1996-06-05 Submission of motion to extend time, 1996-06-05, to file the factum to May 31/96, Reg
1996-06-04 Response to motion to extend time, of Michael McCarthy, Completed on: 1996-06-04 Michael McCarthy
1996-06-04 Affidavit, of Gary T. Trotter re: motion to extend the time to file the respondent's factum to May 31/96, with service Her Majesty the Queen
1996-06-04 Motion to extend time, to file the respondent's factum to May 31/96 ($50.00 requested), with service, Completed on: 1996-06-04 Her Majesty the Queen
1996-05-31 Respondent's factum, 24 copies (extension of time requested), with service, Completed on: 1996-05-31 Her Majesty the Queen
1996-04-25 Appeal hearing scheduled, 1996-06-21
1996-03-19 Appellant's factum, 24 COPIES, with service, Completed on: 1996-03-19 Michael McCarthy
1996-03-04 Decision on motion to extend time, to file the case on appeal to Mar 1/96, CJ
Granted, no order as to costs
1996-03-04 Hearing of motion to extend time, 1996-03-04, to file the case on appeal to Mar 1/96, CJ
1996-03-04 Submission of motion to extend time, 1996-03-04, to file the case on appeal to Mar 1/96, CJ
1996-03-04 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
1996-03-04 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1996-03-04, CJ
1996-03-04 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1996-03-04, CJ
1996-03-04 Order on motion to extend time, to file the case on appeal
1996-02-29 Certified casebook, 1 copy, with service Michael McCarthy
1996-02-28 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, Completed on: 1996-02-28 Her Majesty the Queen
1996-02-28 Response to motion to extend time, to file the Case on Appeal to March 1/96, Completed on: 1996-02-28 Her Majesty the Queen
1996-02-28 Affidavit, (of Leslie Maunder), with service Michael McCarthy
1996-02-28 Affidavit, to file the Case on Appeal to March 1/96 (of Leslie Maunder), with service Michael McCarthy
1996-02-28 $50.00 filing fee for notice of motion, to extend time receipt #31649 Michael McCarthy
1996-02-28 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, With service, Completed on: 1996-02-28 Michael McCarthy
1996-02-28 Motion to extend time, to file the Case on Appeal to March 1/96, with service, Completed on: 1996-02-28 Michael McCarthy
1996-02-28 Case on appeal, 23 copies Michael McCarthy
1996-02-26 Appeal perfected for hearing, Session beginning on 1996-04-22
1995-11-27 Correspondence (sent by the Court) to, sent to Ruby & Edwardh (Toronto, ON) re: subsection 695(2) c.c. Gary Trotter, & Burke-Robertson
1995-11-24 Order on motion to extend time to serve and/or file notice of appeal
1995-11-22 Correspondence (sent by the Court) to, sent to Ruby & Edwardh (Toronto, ON) enclosing copy of Rule 32
1995-11-22 Correspondence (sent by the Court) to, sent to A.G. for ON (Toronto, ON) enclosing copy of Rule 32
1995-11-20 Correspondence (sent by the Court) to, sent to Ruby & Edwardh (Toronto, ON) enclosing receipt for $50. filing fee
1995-11-16 Decision on motion to extend time to serve and/or file notice of appeal, to Nov 15/95, L'HD
Granted, no order as to costs
1995-11-16 Hearing of motion to extend time to serve and/or file notice of appeal, 1995-11-16, to Nov 15/95, L'HD
1995-11-16 Submission of motion to extend time to serve and/or file notice of appeal submitted, 1995-11-16, to Nov 15/95, L'HD
1995-11-10 $50.00 filing fee for notice of motion, receipt no. 31049 Michael McCarthy
1995-11-10 Response to motion to extend time to serve and/or file notice of appeal, of Gary Trotter (1 copy) Her Majesty the Queen
1995-11-10 Affidavit, of Frank Addario (1 copy), with service Michael McCarthy
1995-11-10 Motion to extend the time to serve and/or file the notice of appeal, to Nov. 15/95, with service Michael McCarthy
1995-11-10 General proceeding, 1 copy of reasons for judgment Michael McCarthy
1995-11-10 $50.00 filing a notice of appeal, receipt no. 31048 Michael McCarthy
1995-11-10 Notice of appeal, (1 copy) service admitted on Nov. 9/95, with service Michael McCarthy

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
McCarthy, Michael Applicant Active

v.

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

Counsel

Party: McCarthy, Michael

Counsel
Name
Frank Addario
Contact information
Sack Goldblatt Mitchell
1130 - 20 Dundas St West
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6446
FAX: (416) 591-7333
Agent
Name
Heather E. Perkins-McVey
Contact information
Shore, Davis, Kehler
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

Party: Her Majesty the Queen

Counsel
Name
Gary T. Trotter
Contact information
Attorney General for Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4580
FAX: (416) 326-4656
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
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

March 17, 1994
Ontario Court of Justice (General Division)

x

conviction: possession of prohibited weapon

June 26, 1995
Court of Appeal for Ontario

C18707

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