Case information
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25448
Jeffrey Rose v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1999-01-26 | Record returned to the Registrar of the Court of Appeal | |
| 1999-01-11 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 1999-01-11 | Copy of formal judgment being prepared | |
| 1998-12-03 | Notice of deposit of judgment sent to all parties | |
| 1998-11-26 |
Judgment on the appeal rendered, CJ L'HD G Co McL Ia Ma Ba Bi Dismissed, no order as to costs |
|
| 1998-03-12 | General proceeding, transcripts received and distributed to the judges (98 pages) | |
| 1998-02-25 | General proceeding, 10 copies of a C/A of British Columbia decision in R. v. Dale Roger Paterson given in Court | Attorney General of Canada |
| 1998-02-25 |
Hearing of the appeal, 1998-02-25, CJ L'HD G Co McL Ia Ma Ba Bi Decision reserved |
|
| 1998-02-24 | Supplemental document, 10 copies | Her Majesty the Queen |
| 1998-02-23 | Notice of appearance, (Jacques Gauvin) | Attorney General of Quebec |
| 1998-02-23 | Correspondence (sent by the Court) to, dated Feb. 23/98 from Gowlings re: appearance of Jack watson, Q.C. by written submission | |
| 1998-02-20 | Notice of appearance, of Donna Valgardson and Nancy L. Irving (15 mins.) | Attorney General of Canada |
| 1998-02-18 | Book of authorities, 10 copies of vols. 1 to 2, Completed on: 1998-02-18 | Her Majesty the Queen |
| 1998-02-18 | Proof of service, of the respondent's authorities | |
| 1998-01-29 | Order on motion to extend time, to file their factum | |
| 1998-01-28 | Response to motion to extend time, to file the A.G. Quebec's factum, Completed on: 1998-01-28 | Her Majesty the Queen |
| 1998-01-28 | Notice of appearance, of Michael Bernstein (1 hour) | Her Majesty the Queen |
| 1998-01-28 |
Decision on motion to extend time, to file their factum to Jan. 21/98, Reg Granted, no order as to costs |
|
| 1998-01-28 | Hearing of motion to extend time, 1998-01-28, to file their factum to Jan. 21/98, Reg | |
| 1998-01-28 | Submission of motion to extend time, 1998-01-28, to file their factum to Jan. 21/98, Reg | |
| 1998-01-27 | Response to motion to extend time, to file the A.G. Quebec's factum (letterform from T.H. Semanyk), Completed on: 1998-01-27 | Jeffrey Rose |
| 1998-01-26 |
Decision on motion to extend time, to file their factum to Jan. 15/98, Reg Granted, no order as to costs |
|
| 1998-01-26 | Hearing of motion to extend time, 1998-01-26, to file their factum to Jan. 15/98, Reg | |
| 1998-01-26 | Submission of motion to extend time, 1998-01-26, to file their factum to Jan. 15/98, Reg | |
| 1998-01-23 | $50.00 filing fee for notice of motion, (deducted from account) | Attorney General of Quebec |
| 1998-01-23 | Affidavit, to file the factum to Jan. 21\98; Sylvie Roussel | Attorney General of Quebec |
| 1998-01-23 | Motion to extend time, to file the factum to Jan. 21\98, Completed on: 1998-01-23 | Attorney General of Quebec |
| 1998-01-22 | Proof of service, of factum | |
| 1998-01-21 | Intervener's factum, 24 copies (extension of time requested), Completed on: 1998-01-21 | Attorney General of Quebec |
| 1998-01-20 | Response to motion to extend time, to file the A.C.B.C.'s factum to Jan. 15, 1998 (MacLaren, Corlett), Completed on: 1998-01-20 | Jeffrey Rose |
| 1998-01-20 | Notice of appearance, (Jacques Gauvin) (fax copy) | Attorney General of Quebec |
| 1998-01-19 | Proof of service, of the factum of the intervener, A.G. B.C. (fax copy) | |
| 1998-01-15 | Proof of service, copy of the intervener's Book of Authorities | |
| 1998-01-15 | Service, copy of the Intervener's Factum | |
| 1998-01-15 | Affidavit, to file the intervener's factum (of Alexander Budlovsky), with service | Attorney General of British Columbia |
| 1998-01-15 | $50.00 filing fee for notice of motion, to extend time receipt #28449 | Attorney General of British Columbia |
| 1998-01-15 | Motion to extend time, to file the intervener factum to Jan. 15/98, with service, Completed on: 1998-01-15 | Attorney General of British Columbia |
| 1998-01-15 | Intervener's factum, 24 copies, with service, Completed on: 1998-01-15 | Attorney General of British Columbia |
| 1998-01-14 |
Appeal hearing scheduled, 1998-02-25 Decision reserved |
|
| 1998-01-12 |
Decision on motion to extend time, to file their factum to Dec. 8/97, Reg Granted, no order as to costs |
|
| 1998-01-12 | Hearing of motion to extend time, 1998-01-12, to file their factum to Dec. 8/97, Reg | |
| 1998-01-12 | Submission of motion to extend time, 1998-01-12, to file their factum to Dec. 8/97, Reg | |
| 1998-01-08 | Book of authorities, 12 copies, Completed on: 1998-01-08 | Attorney General of Canada |
| 1998-01-08 | Intervener's factum, 23 copies, Completed on: 1998-01-08 | Attorney General of Canada |
| 1997-12-18 | Correspondence (sent by the Court) to, from Henry Brown to Registrar, letter dated Dec. 18, 1997 re: A.G. Alberta will not be appearing at the hearing of this appeal and will rely upon written submissions only | |
| 1997-12-17 | Affidavit, to file the respondent's factum to Dec. 8, 1997 (Michael Bernstein), with service | Her Majesty the Queen |
| 1997-12-17 | $50.00 filing fee for notice of motion, receipt no. 28356 | Her Majesty the Queen |
| 1997-12-17 | Motion to extend time, to file the respondent's factum to Dec. 8, 1997, with service, Completed on: 1997-12-17 | Her Majesty the Queen |
| 1997-12-09 | Proof of service, of factum | |
| 1997-12-09 | Book of authorities, 10 copies, with service, Completed on: 1997-12-09 | Jeffrey Rose |
| 1997-12-08 | Respondent's factum, 24 copies (extension of time requested), Completed on: 1997-12-08 | Her Majesty the Queen |
| 1997-10-15 | Intervener's factum, 24 copies, with service, Completed on: 1997-10-15 | Attorney General of Alberta |
| 1997-10-08 | Appeal perfected for hearing, Session beginning on 1998-01-19 | |
| 1997-09-29 | Correspondence (sent by the Court) to, from A. Budlovsky, letter dated Sept. 22, 1997 (fax copy) re: Mr. Alexander Budlovsky will replace Ms. Bennett | |
| 1997-08-21 | Appeal court record, (1 box) | |
| 1997-08-19 | Response to motion to extend time, to file the appellant's factum to Aug. 15\97, Completed on: 1997-08-19 | Her Majesty the Queen |
| 1997-08-19 | Order on motion to extend time, to file their factum | |
| 1997-08-19 |
Decision on motion to extend time, to file their factum to Aug. 15/97, Reg Granted, no order as to costs |
|
| 1997-08-19 | Hearing of motion to extend time, 1997-08-19, to file their factum to Aug. 15/97, Reg | |
| 1997-08-19 | Submission of motion to extend time, 1997-08-19, to file their factum to Aug. 15/97, Reg | |
| 1997-08-13 | $50.00 filing fee for notice of motion, to extend time receipt #34581 | Jeffrey Rose |
| 1997-08-13 | Affidavit, to file the appellant's factum to August 15/97 (of Terri H. Semanyk), with service | Jeffrey Rose |
| 1997-08-13 | Motion to extend time, to file the appellant's factum to August 15/97, with service, Completed on: 1997-08-13 | Jeffrey Rose |
| 1997-08-12 | Appellant's factum, 24 copies, with service, Completed on: 1997-08-12 | Jeffrey Rose |
| 1997-07-21 | Correspondence (sent by the Court) to, sent to A.G. of Ontario (Toronto, ON) enclosing a copy of the notice to the profession dealing with condensed books c.c. Burke-Robertson | |
| 1997-07-21 | Correspondence (sent by the Court) to, sent to Keith E. Wright (Toronto, ON) enclosing a copy of the notice to the profession dealing with condensed books c.c. MacLaren, Corlett | |
| 1997-07-16 | Order on motion to extend time, to file the case on appeal to June 30/97 | |
| 1997-07-16 |
Decision on motion to extend time, to file the case on appeal to June 30/97, Reg Granted, no order as to costs |
|
| 1997-07-16 | Hearing of motion to extend time, 1997-07-16, to file the case on appeal to June 30/97, Reg | |
| 1997-07-16 | Submission of motion to extend time, 1997-07-16, to file the case on appeal to June 30/97, Reg | |
| 1997-07-14 | Response to motion to extend time, to file the Case on Appeal to June 30/97, Completed on: 1997-07-14 | Her Majesty the Queen |
| 1997-07-14 | Affidavit, to file the Case on Appeal to (of Terri H. Semanyk) | Jeffrey Rose |
| 1997-07-14 | $50.00 filing fee for notice of motion, to extend time receipt #34491 | Jeffrey Rose |
| 1997-07-14 | Motion to extend time, to file the Case on Appeal to June 30/97, Completed on: 1997-07-14 | Jeffrey Rose |
| 1997-07-02 | Proof of service, of Case on Appeal, vols. 1 to 5 | |
| 1997-06-30 | Proof of service, of Case on Appeal vols. 1 to 5 | |
| 1997-06-20 | Proof of service, of Case on Appeal, vols. 1 to 5 | |
| 1997-06-19 | Certified casebook, of vol. 1 to 5, with service | Jeffrey Rose |
| 1997-06-19 | Case on appeal, 23 copies of vol. 1 to 5 (extension of time requested), with service | Jeffrey Rose |
| 1997-06-05 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 1997-06-04 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 1997-05-22 | Notice of constitutional question(s), With service | Jeffrey Rose |
| 1997-05-20 | Notice of intervention respecting a constitutional question, With service | Attorney General of British Columbia |
| 1997-05-16 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 1997-05-05 | Order on motion to state a constitutional question | |
| 1997-04-29 |
Decision on the motion to state a constitutional question, (for questions see file). Notices of intention to intervene are to be filed no later than June 6/97, CJ Granted, no order as to costs |
|
| 1997-04-29 | Hearing of the motion to state a constitutional question, 1997-04-29, (for questions see file). Notices of intention to intervene are to be filed no later than June 6/97, CJ | |
| 1997-04-29 | Submission of motion to state a constitutional question, 1997-04-29, (for questions see file). Notices of intention to intervene are to be filed no later than June 6/97, CJ | |
| 1997-04-23 | Correspondence (sent by the Court) to, (by fax) from Robert E. Houston; re: has no objection to the constitutional questions | |
| 1997-04-10 | $50.00 filing fee for notice of motion, receipt no. 33924 | Jeffrey Rose |
| 1997-04-10 | Motion to state a constitutional question, (2 copies), Completed on: 1997-04-10 | Jeffrey Rose |
| 1997-03-13 | Correspondence (sent by the Court) to, sent to Keith E. Wright (Toronto, ON) enclosing copy of Rule 32 c.c. MacLaren, Corlett | |
| 1997-03-13 | Correspondence (sent by the Court) to, sent to Attorney General for Ontario (Toronto, ON) enclosing copy of Rule 32 c.c. Burke-Robertson | |
| 1997-03-10 | Notice of appeal, Completed on: 1997-03-10 | Jeffrey Rose |
| 1997-02-07 | Notice of deposit of judgment issued to all parties, MacLaren, Corlett | |
| 1997-02-07 | Notice of deposit of judgment issued to all parties, Burke-Robertson | |
| 1997-02-06 |
Judgment of the Court on the application for leave to appeal, LaF Co Ma, The application for leave to appeal is granted on the first four grounds. Granted, no order as to costs |
|
| 1996-10-28 | Order on motion to extend time, to file the response | |
| 1996-10-25 | All materials on application for leave submitted to the Judges, LaF Co Ma | |
| 1996-10-18 |
Decision on motion to extend time, to file the response to Oct 11/96, Reg Granted, no order as to costs |
|
| 1996-10-18 | Hearing of motion to extend time, 1996-10-18, to file the response to Oct 11/96, Reg | |
| 1996-10-18 | Submission of motion to extend time, 1996-10-18, to file the response to Oct 11/96, Reg | |
| 1996-10-17 | Response to motion to extend time, to file the respondent's memorandum to Oct. 11, 1996 (Keith Wright), Completed on: 1996-10-17 | Jeffrey Rose |
| 1996-10-17 | Affidavit, to file the respondent's memorandum to Oct. 11, 1996 (James Stewart) | Her Majesty the Queen |
| 1996-10-17 | $50.00 filing fee for a notice of motion, receipt no. 32811 | Her Majesty the Queen |
| 1996-10-17 | Motion to extend time, to file the respondent's memorandum to Oct. 11, 1996, Completed on: 1996-10-17 | Her Majesty the Queen |
| 1996-10-17 | Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1996-10-17 | Jeffrey Rose |
| 1996-10-11 | Respondent's response on the application for leave to appeal, 5 copies (extension requested), with service, Completed on: 1996-10-11 | Her Majesty the Queen |
| 1996-09-03 | Order on motion to extend time to serve and/or file notice of appeal | |
| 1996-08-29 |
Decision on motion to extend time to serve and/or file notice of appeal, to 30 days after the judgment of the leave application, Co Granted, no order as to costs |
|
| 1996-08-29 | Hearing of motion to extend time to serve and/or file notice of appeal, 1996-08-29, to 30 days after the judgment of the leave application, Co | |
| 1996-08-29 | Submission of motion to extend time to serve and/or file notice of appeal submitted, 1996-08-29, to 30 days after the judgment of the leave application, Co | |
| 1996-08-28 | Response to motion to extend time to serve and/or file notice of appeal, of Burke-Robertson, Completed on: 1996-08-28 | Her Majesty the Queen |
| 1996-08-23 | Affidavit, to 30 days after the judgment in the application for leave (of Keith E. Wright), with service | Jeffrey Rose |
| 1996-08-23 | $50.00 filing fee for notice of motion, to file the notice of appeal receipt #32488 | Jeffrey Rose |
| 1996-08-23 | Motion to extend the time to serve and/or file the notice of appeal, as of right to 30 days after the judgment in the application for leave to appeal, with service, Completed on: 1996-08-23 | Jeffrey Rose |
| 1996-08-22 | Correspondence (sent by the Court) to, sent to Burke-Robertson enclosing copy of letter dated Aug 22/96 sent to applicant | |
| 1996-08-22 | Correspondence (sent by the Court) to, sent to MacLaren, Corlett to acknowledge receipt of material commencing a proceeding with filing fee | |
| 1996-08-19 | $50.00 filing fee, receipt no. 32443 | Jeffrey Rose |
| 1996-08-19 | Application for leave to appeal, 5 copies (memorandum of 22 pages, motion requested ) T. Semanyk advised (service admitted on August 9/96, with service, Completed on: 1996-08-19 | Jeffrey Rose |
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 |
|---|---|---|
| Rose, Jeffrey | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Alberta | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
Counsel
Party: Rose, Jeffrey
Counsel
Toronto, Ontario
M5H 2M5
Telephone: (416) 364-1157
FAX: (416) 363-4978
Agent
303 - 99 Bank St.
Ottawa, Ontario
K1P 6B9
Telephone: (613) 233-1146
FAX: (613) 233-7190
Party: Her Majesty the Queen
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2302
FAX: (416) 326-4656
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General of Alberta
Counsel
3rd Floor, 9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-9747
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com
Party: Attorney General of British Columbia
Counsel
6th Floor
865 Hornby
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Email: alexander.budlovsky@gov.bc.ca
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Attorney General of Canada
Counsel
211 Bank of Montreal Building
10199 - 101 Street N.W.
Edmonton, Alberta
T5J 3Y4
Telephone: (780) 495-7270
FAX: (780) 495-6940
Email: donna.valgardson@justice.gc.ca
Agent
Department of Justice
284 Wellington Street, 2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Party: Attorney General of Quebec
Counsel
1200 RTE DE L'ÉGLISE
5e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-4090
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
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
Ontario Court of Justice (General Division)
x
conviction: second degree murder
Court of Appeal for Ontario
C13921
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
Related links
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
Related links
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
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