Case information
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25417
Ian Bernard Gallimet Doliente v. Her Majesty the Queen
(Alberta) (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) |
|---|---|---|
| 1997-09-19 | Record returned to the Registrar of the Court of Appeal, (1 box) | |
| 1997-08-01 | Appeal closed | |
| 1997-05-30 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson | |
| 1997-05-30 | Copy of formal judgment being prepared, Lang, Michener | |
| 1997-05-28 | Formal judgment sent to the registrar of the court of appeal and all parties, Alberta (Calgary) | |
| 1997-05-20 |
Judgment on the appeal rendered, So Co McL Ia Ma, SOPINKA J. (Orally): We are substantially in agreement with the reasons of Harradence J.A. dissenting in the Court of Appeal. The charge of aggravated assault was an included offence in the robbery charge. The charges arose out of the same delict as defined in Kienapple v. The Queen, [1975] 1 S.C.R. 729. Accordingly, the appeal is allowed, the judgment of the Court of Appeal is set aside and the judgment at trial is restored. Allowed, no order as to costs |
|
| 1997-05-20 | Hearing of the appeal, 1997-05-20, So Co McL Ia Ma | |
| 1997-05-16 | Notice of appearance, of Goran Tomljanovic for 45 min. for the appeal | Her Majesty the Queen |
| 1997-05-13 | Correspondence (sent by the Court) to, from Lang, Michener (fax copy) re: name of counsel appearing at the hearing of the appeal | |
| 1997-05-02 | Copy of formal judgment on leave being prepared, Gowling, Strathy & Henderson | |
| 1997-05-02 | Copy of formal judgment on leave being prepared, Lang, Michener | |
| 1997-05-01 | Respondent's factum, 24 copies, with service, Completed on: 1997-05-01 | Her Majesty the Queen |
| 1997-05-01 | Book of authorities, 10 copies, with service, Completed on: 1997-05-01 | Her Majesty the Queen |
| 1997-05-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Alberta (Calgary) | |
| 1997-04-10 | Appeal hearing | |
| 1997-04-10 | Appeal removed from the list | |
| 1997-04-10 | Appeal hearing scheduled, 1997-05-20 | |
| 1997-04-09 | Appeal court record, 1 box (joint with Trial exhibits) (TO BE RETURNED TO COURT OF APPEAL IN CALGARY) | |
| 1997-04-09 | Trial court exhibits, 1 box (joint with C/A record) | |
| 1997-04-04 | Order on motion to extend time, to file Factum | |
| 1997-04-02 |
Decision on motion to extend time, to file the appellant's factum to March 24/97, DeRg Granted, no order as to costs |
|
| 1997-04-02 | Hearing of motion to extend time, 1997-04-02, to file the appellant's factum to March 24/97, DeRg | |
| 1997-04-02 | Submission of motion to extend time, 1997-04-02, to file the appellant's factum to March 24/97, DeRg | |
| 1997-03-24 | Affidavit, to file the appellant's factum to March 24, 1997 (Balfour Q.H. Der) - 2 copies, with service | Ian Bernard Gallimet Doliente |
| 1997-03-24 | $50.00 filing fee for notice of motion, receipt no. 33808 | Ian Bernard Gallimet Doliente |
| 1997-03-24 | Motion to extend time, to file the appellant's factum to March 24, 1997 (2 copies, with service, Completed on: 1997-03-24 | Ian Bernard Gallimet Doliente |
| 1997-03-24 | Appellant's factum, 24 copies, with service, Completed on: 1997-03-24 | Ian Bernard Gallimet Doliente |
| 1997-02-28 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson | |
| 1997-02-28 | Notice of deposit of judgment issued to all parties, Lang, Michener | |
| 1997-02-27 |
Judgment of the Court on the application for leave to appeal, L'HD So Ia, The motion for an extension of time and the application for leave to appeal are dismissed. Dismissed, no order as to costs |
|
| 1997-02-27 |
Decision on motion to extend time to file and /or serve the leave application, L'HD So Ia Dismissed, no order as to costs |
|
| 1997-02-27 | Hearing of motion to extend time to file and/ or serve the leave application, 1997-02-27, L'HD So Ia | |
| 1997-02-27 | Submission of motion to extend time to file and/ or serve the leave application, 1997-02-27, L'HD So Ia | |
| 1997-02-24 | Appeal perfected for hearing, Session beginning on 1997-04-21 | |
| 1997-02-04 | Proof of service, of the respondent's response | |
| 1997-01-31 | All materials on application for leave submitted to the Judges, L'HD So Ia | |
| 1997-01-28 | Respondent's response on the application for leave to appeal, 5 copies, Completed on: 1997-01-28 | Her Majesty the Queen |
| 1997-01-10 | Correspondence received from, sent to Gowling, Strathy & Henderson, (Ottawa, ON) a copy of the letter dated January 10, 1997, sent to the Applicant | |
| 1997-01-10 | Correspondence received from, sent to Lang, Michner (Ottawa, ON) to acknowledge receipt of material commencing a proceeding and the filing fee | |
| 1997-01-06 | $50.00 filing fee, for application receipt #33305 | Ian Bernard Gallimet Doliente |
| 1996-12-30 | Application for leave to appeal, 5 copies, with service, Completed on: 1996-12-30 | Ian Bernard Gallimet Doliente |
| 1996-12-30 | Affidavit, included in motion book (of Ian Bernard Gallimet Doliente), with service | Ian Bernard Gallimet Doliente |
| 1996-12-30 | Motion to extend the time to file and or serve the application for leave to appeal, included in motion book, with service, Completed on: 1996-12-30 | Ian Bernard Gallimet Doliente |
| 1996-12-19 | Order on motion to extend time, to file the case on appeal | |
| 1996-12-17 |
Decision on motion to extend time, to Dec 5/96 to file the case on appeal, Reg Granted, no order as to costs |
|
| 1996-12-17 | Hearing of motion to extend time, 1996-12-17, to Dec 5/96 to file the case on appeal, Reg | |
| 1996-12-17 | Submission of motion to extend time, 1996-12-17, to Dec 5/96 to file the case on appeal, Reg | |
| 1996-12-05 | Response to motion to extend time, to file the case on appeal (G. Tomljanovic), Completed on: 1996-12-05 | Her Majesty the Queen |
| 1996-12-05 | Affidavit, to file the case on appeal (Balfour Der), with service | Ian Bernard Gallimet Doliente |
| 1996-12-05 | Motion to extend time, to file the case on appeal to Dec. 5, 1996 ($50.00 requested), with service, Completed on: 1996-12-05 | Ian Bernard Gallimet Doliente |
| 1996-12-05 | Case on appeal, 24 copies of vol. 1 to 3 (D.B. advised) | Ian Bernard Gallimet Doliente |
| 1996-08-27 | General proceeding, 1 copy of reasons for judgment | Ian Bernard Gallimet Doliente |
| 1996-08-27 | General proceeding, 1 copy of formal order of C.A. (from a stay of proceedings) (file no. 95-15791) | Ian Bernard Gallimet Doliente |
| 1996-08-27 | General proceeding, 1 copy of formal order of C.A. (from conviction) (file no. 95-15748) | Ian Bernard Gallimet Doliente |
| 1996-07-10 | Correspondence (sent by the Court) to, sent to A.G. of AB (Edmonton, AB) enclosing copy of Rule 32 c.c. Gowling | |
| 1996-07-10 | Correspondence (sent by the Court) to, sent to Batting, Der (Calgary, AB) enclosing copy of Rule 32 c.c. Lang, Michener | |
| 1996-07-04 | $50.00 filing a notice of appeal, receipt no. 32323 | Ian Bernard Gallimet Doliente |
| 1996-07-04 | Notice of appeal, (1 copy) (reasons requested), with service, Completed on: 1996-07-04 | Ian Bernard Gallimet Doliente |
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 |
|---|---|---|
| Doliente, Ian Bernard Gallimet | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Doliente, Ian Bernard Gallimet
Counsel
2850 - 645, 7th Ave South West
Calgary, Alberta
T2P 4G8
Telephone: (403) 263-4949
FAX: (403) 261-8977
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Party: Her Majesty the Queen
Counsel
1620 - 639, 5th Ave South West
Calgary, Alberta
T2P 0M9
Telephone: (403) 297-3451
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Summary
Keywords
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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
Court of Queen’s Bench of Alberta
94011553-C6-0101
Conviction: robbery; conditional stay: aggravated assault
Court of Appeal of Alberta (Edmonton)
95-15791
Appellant's appeal dismissed and Respondent's cross-appeal allowed
Court of Appeal of Alberta (Calgary)
95-15791
see file
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
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Related links
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
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