Case information
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25539
Nelson M. Skalbania v. Her Majesty the Queen
(British Columbia) (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) |
|---|---|---|
| 1998-06-10 | Appeal closed | |
| 1998-01-13 | Copy of formal judgment being prepared, all parties | |
| 1998-01-08 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1997-11-25 | Correspondence (sent by the Court) to, from H. Brown to A. Roland, letter dated Nov. 25, 1997 re: have asked that the public records of the Court note that counsel for the Province of Alberta filed and relied upon a factum on the appeal | |
| 1997-11-06 | General proceeding, BOOK OF EXCERPTS 12 copies given in Court | Nelson M. Skalbania |
| 1997-11-06 |
Judgment on the appeal rendered, CJ L'HD So G Co McL Ia Ma Ba Dismissed, no order as to costs |
|
| 1997-11-06 | Hearing of the appeal, 1997-11-06, CJ L'HD So G Co McL Ia Ma Ba | |
| 1997-11-05 | General proceeding, 12 copies of CONDENSED book | Her Majesty the Queen |
| 1997-11-05 | Correspondence (sent by the Court) to, from Gowling (duration of argument) | |
| 1997-11-05 | Notice of appearance, of Leonard T. Doust, Q.C. and peter Leask, Q.C. (they will both be speaking) | Nelson M. Skalbania |
| 1997-11-04 | Notice of appearance, of Robert Frater et al at the hearing of the appeal | Attorney General of Canada |
| 1997-11-04 | Order on motion to extend time, to file their factum | |
| 1997-11-03 |
Decision on motion to extend time, to file their factum to Oct. 24/97, Reg Granted, no order as to costs |
|
| 1997-11-03 | Hearing of motion to extend time, 1997-11-03, to file their factum to Oct. 24/97, Reg | |
| 1997-11-03 | Submission of motion to extend time, 1997-11-03, to file their factum to Oct. 24/97, Reg | |
| 1997-11-03 | Notice of appearance, of Leonard T. Doust, Q.C. et al at the hearing of the appeal | Nelson M. Skalbania |
| 1997-10-24 | Intervener's factum, 24 copies, with service, Completed on: 1997-10-24 | Attorney General of Canada |
| 1997-10-24 |
Decision on motion to extend time, to file their factum to Oct. 7/97, Reg Granted, no order as to costs |
|
| 1997-10-24 | Hearing of motion to extend time, 1997-10-24, to file their factum to Oct. 7/97, Reg | |
| 1997-10-24 | Submission of motion to extend time, 1997-10-24, to file their factum to Oct. 7/97, Reg | |
| 1997-10-24 | Response to motion to extend time, to file the factum of the A.G. of Canada to Oct. 24/97, Completed on: 1997-10-24 | Nelson M. Skalbania |
| 1997-10-24 | Affidavit, to file the A.G. of Canada factum to Oct. 24/97 (of Robert John Frater), with service | Attorney General of Canada |
| 1997-10-24 | $50.00 filing fee for notice of motion, to extend time receipt taken from Justice account | Attorney General of Canada |
| 1997-10-24 | Motion to extend time, to file the A.G. of Canada factum to Oct. 24/97, with service, Completed on: 1997-10-24 | Attorney General of Canada |
| 1997-10-20 | Notice of appearance, (Jacques Gauvin) | Attorney General of Quebec |
| 1997-10-15 | Response to motion to extend time, to file the A.G. Ontario's factum to Oct. 7\97, Completed on: 1997-10-15 | Her Majesty the Queen |
| 1997-10-15 | $50.00 filing fee for notice of motion, receipt #34940 | Attorney General for Ontario |
| 1997-10-15 | Affidavit, to file the factum to Oct. 7\97; M. David Lepofsky, with service | Attorney General for Ontario |
| 1997-10-15 | Motion to extend time, to file the factum to Oct. 7\97, with service, Completed on: 1997-10-15 | Attorney General for Ontario |
| 1997-10-14 | Book of authorities, 10 copies, with service, Completed on: 1997-10-14 | Attorney General of Alberta |
| 1997-10-09 | Notice of appearance, of Teresa Mitchell-Banks | Her Majesty the Queen |
| 1997-10-07 | Intervener's factum, 24 copies (extension of time requested), with service, Completed on: 1997-10-07 | Attorney General for Ontario |
| 1997-10-03 | Book of authorities, 10 copies, with service, Completed on: 1997-10-03 | Attorney General of Quebec |
| 1997-10-03 | Intervener's factum, 24 copies, with service, Completed on: 1997-10-03 | Attorney General of Quebec |
| 1997-09-26 | Intervener's factum, 24 copies, with service, Completed on: 1997-09-26 | Attorney General of Alberta |
| 1997-09-26 | Correspondence (sent by the Court) to, from Gowling, Strathy to Registrar, letter dated Sept. 26, 1997 re: will not be appearing at the hearing of this appeal and will rely on the written submission only | |
| 1997-09-25 |
Decision on motion to extend time, to file a notice of intention to intervene to Sept. 9/97, CJ Granted, no order as to costs |
|
| 1997-09-25 | Hearing of motion to extend time, 1997-09-25, to file a notice of intention to intervene to Sept. 9/97, CJ | |
| 1997-09-25 | Submission of motion to extend time, 1997-09-25, to file a notice of intention to intervene to Sept. 9/97, CJ | |
| 1997-09-22 | Appeal hearing scheduled, 1997-11-06 | |
| 1997-09-09 | Proof of service, of the appellant's factum | |
| 1997-09-09 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 1997-09-05 | Proof of service, of the respondent's factum and authorities | |
| 1997-09-05 | Correspondence (sent by the Court) to, from Lang, Michener to A. Roland, letter dated Sept. 5, 1997 re: takes no position with respect to the motion to extend the time to file the notice of intervention by A. G. Canada | |
| 1997-09-04 |
Decision on motion to extend time, to file their factum to July 25/97, Reg Granted, no order as to costs |
|
| 1997-09-04 | Hearing of motion to extend time, 1997-09-04, to file their factum to July 25/97, Reg | |
| 1997-09-04 | Submission of motion to extend time, 1997-09-04, to file their factum to July 25/97, Reg | |
| 1997-09-04 | Response to motion to extend time, to file the notice of intervention by A. G. Can. (Burke-Robertson), Completed on: 1997-09-04 | Her Majesty the Queen |
| 1997-09-04 | Affidavit, to file the notice of intervention to Sept. 9, 97 (Robert Frater) - 2 copies, with service | Attorney General of Canada |
| 1997-09-04 | $50.00 filing fee for notice of motion, (from Justice account) | Attorney General of Canada |
| 1997-09-04 | Motion to extend time, to file the notice of intervention to Sept. 9, 97 (2 copies), with service, Completed on: 1997-09-04 | Attorney General of Canada |
| 1997-08-28 | Proof of service, of the respondent's factum to A. G. Quebec | |
| 1997-08-27 | Notice of intervention respecting a constitutional question, With service | Attorney General of Quebec |
| 1997-08-18 | Notice of intervention respecting a constitutional question, With service | Attorney General for Ontario |
| 1997-08-18 | Proof of service, of factum (admitted on Aug. 18\97) | |
| 1997-08-12 | Notice of intervention respecting a constitutional question, With service | Attorney General of Alberta |
| 1997-07-31 | Affidavit, to file the respondent's factum to July 25, 1997 (T. Mitchell-Banks) | Her Majesty the Queen |
| 1997-07-31 | $50.00 filing fee for notice of motion, receipt no. 34551 | Her Majesty the Queen |
| 1997-07-31 | Motion to extend time, to file the respondent's factum to July 25, 1997, with service, Completed on: 1997-07-31 | Her Majesty the Queen |
| 1997-07-30 | Book of authorities, 10 copies, with service, Completed on: 1997-07-30 | Her Majesty the Queen |
| 1997-07-28 | Notice of constitutional question(s), With service | Nelson M. Skalbania |
| 1997-07-25 | Respondent's factum, 24 copies (extension of time requested), with service, Completed on: 1997-07-25 | Her Majesty the Queen |
| 1997-07-25 | Order on motion to state a constitutional question | |
| 1997-07-14 |
Decision on motion to extend time, to state constitutional questions, CJ Granted, no order as to costs |
|
| 1997-07-14 | Hearing of motion to extend time, 1997-07-14, to state constitutional questions, CJ | |
| 1997-07-14 | Submission of motion to extend time, 1997-07-14, to state constitutional questions, CJ | |
| 1997-07-14 |
Decision on the motion to state a constitutional question, CJ Dismissed, no order as to costs |
|
| 1997-07-14 | Hearing of the motion to state a constitutional question, 1997-07-14, CJ | |
| 1997-07-14 | Submission of motion to state a constitutional question, 1997-07-14, CJ | |
| 1997-07-14 |
Decision on the motion to state a constitutional question, - the questions formulated being: (for questions see file). Notices of intention to intervene are to be filed no later than August 29/97. This appeal be inscribed for hearing during the Fall Session of the 1997 term., CJ Granted, no order as to costs |
|
| 1997-07-14 | Hearing of the motion to state a constitutional question, 1997-07-14, - the questions formulated being: (for questions see file). Notices of intention to intervene are to be filed no later than August 29/97. This appeal be inscribed for hearing during the Fall Session of the 1997 term., CJ | |
| 1997-07-14 | Submission of motion to state a constitutional question, 1997-07-14, - the questions formulated being: (for questions see file). Notices of intention to intervene are to be filed no later than August 29/97. This appeal be inscribed for hearing during the Fall Session of the 1997 term., CJ | |
| 1997-07-09 | Correspondence (sent by the Court) to, from Ken Purchase; re: constitutional question | |
| 1997-06-24 | Correspondence (sent by the Court) to, from R. Houston to M. Larmour, letter dated June 24, 1997 (fax copy) re: constitutional questions (original filed June 26\97) | |
| 1997-06-16 | Appeal perfected for hearing, Session beginning on 1997-10-06 | |
| 1997-06-13 | $50.00 filing fee for notice of motion, receipt no. 34323 | Nelson M. Skalbania |
| 1997-06-13 | Affidavit, to file the motion to state constitutional questions (Peter Leask) - 5 copies - book form, with service | Nelson M. Skalbania |
| 1997-06-13 | Motion to extend time, to file motion to state constituational questions (5 copies - book form) (joint), with service, Completed on: 1997-06-13 | Nelson M. Skalbania |
| 1997-06-13 | Motion to state a constitutional question, 5 copies (book form) (joint with extension of time), with service, Completed on: 1997-06-13 | Nelson M. Skalbania |
| 1997-06-10 | $50.00 filing fee for notice of motion, receipt no. 34302 | Her Majesty the Queen |
| 1997-06-10 | Motion to state a constitutional question, 1 copy, with service, Completed on: 1997-06-10 | Her Majesty the Queen |
| 1997-05-22 | Correspondence (sent by the Court) to, sent to Dept of Justice (Vancouver, BC) enclosing copy of notice to the profession dealing with condensed books | |
| 1997-05-22 | Correspondence (sent by the Court) to, sent to Leask, Daniells, Bahen (Vancouver, BC) enclosing a notice to the profession dealing with condensed books | |
| 1997-05-16 | Proof of service, of missing pages 27A and 226A of the case on appeal | |
| 1997-05-13 | Correspondence (sent by the Court) to, sent to Department of Justice (Vancouver, BC) enclosing copy of the notice to the profession dealing with condensed books | |
| 1997-05-13 | Correspondence (sent by the Court) to, sent to Leask, Daniells, Bahen (Vancouver, BC) enclosing copy of the notice to the profession dealing with condensed books | |
| 1997-05-08 | Book of authorities, 10 copies of vol. I to III, with service, Completed on: 1997-05-08 | Nelson M. Skalbania |
| 1997-04-21 | Appellant's factum, 24 copies (see order dated April 11, 1997), with service, Completed on: 1997-04-21 | Nelson M. Skalbania |
| 1997-04-15 | Order on motion to extend time, to file his factum | |
| 1997-04-11 |
Decision on motion to extend time, on behalf of the appellant and respondent for a 2 week extension to file their respective factums, DeRg Granted, no order as to costs |
|
| 1997-04-11 | Hearing of motion to extend time, 1997-04-11, on behalf of the appellant and respondent for a 2 week extension to file their respective factums, DeRg | |
| 1997-04-11 | Submission of motion to extend time, 1997-04-11, on behalf of the appellant and respondent for a 2 week extension to file their respective factums, DeRg | |
| 1997-04-09 | Response to motion to extend time, to file the appellant's and respondent's factum (joint consent) - 5 copies - book form, Completed on: 1997-04-09 | Nelson M. Skalbania |
| 1997-04-09 | $50.00 filing fee for notice of motion, receipt no. 33912 | Nelson M. Skalbania |
| 1997-04-09 | Affidavit, to file the respondent's factum (T. Mitchell- Banks) - 5 copies - book form, with service | Her Majesty the Queen |
| 1997-04-09 | Affidavit, to file the appellant's factum (Peter Leask) | Nelson M. Skalbania |
| 1997-04-09 | Motion to extend time, of 2 weeks (from April 6, 1997 - see order dated Jan. 14, 1997) to file the appellant's factum and the respondent's factum (joint motion) - 5 copies - book form, Completed on: 1997-04-09 | Nelson M. Skalbania |
| 1997-03-06 | Certified casebook, of vol. 1 and 2, with service | Nelson M. Skalbania |
| 1997-03-06 | Case on appeal, 23 copies of vol. 1 and 2 (see order dated Jan. 14, 1997), with service | Nelson M. Skalbania |
| 1997-01-28 | Correspondence received from, from Peter Leask, Q.C. addressed to C.A. of B.C.; re: Order remanding the stay of proceedings to the B.C.C.A. | Nelson M. Skalbania |
| 1997-01-23 |
Decision on the motion for a stay of execution, i.e. for an order staying the sentencing of the applicant, is remanded to the B.C. Court of Appeal Traversed, no order as to costs |
|
| 1997-01-23 |
Hearing of motion for a stay of execution, 1997-01-23, i.e. for an order staying the sentencing of the applicant, is remanded to the B.C. Court of Appeal Adjourned |
|
| 1997-01-23 |
Submission of motion for a stay of execution, 1997-01-23, i.e. for an order staying the sentencing of the applicant, is remanded to the B.C. Court of Appeal Adjourned |
|
| 1997-01-21 | Other documents on motion for a stay of execution, 5 copies of APPLICANT'S REPLY TO THE RESPONDENT'S RESPONSE ON MOTION FOR STAY - book form, with service | |
| 1997-01-17 | Other documents on motion for a stay of execution, 5 copies of response, with service | |
| 1997-01-14 | Order on motion to extend time, for the Applicant may serve and file the Case on Appeal to March 6, 1997 and the Appellant's Factum to April 6, 1997 | |
| 1997-01-14 |
Decision on motion to extend time, to file the case on appeal to March 6, 1997 and the appellant's factum to April 6, 1997, Reg Granted, no order as to costs |
|
| 1997-01-14 | Hearing of motion to extend time, 1997-01-14, to file the case on appeal to March 6, 1997 and the appellant's factum to April 6, 1997, Reg | |
| 1997-01-14 | Submission of motion to extend time, 1997-01-14, to file the case on appeal to March 6, 1997 and the appellant's factum to April 6, 1997, Reg | |
| 1997-01-13 | Response to motion to extend time, to file the case on appeal to March 6, 1997 and the appellant's factum to April 6, 1997 (Teresa R. Mitchell-Banks) - fax copy, Completed on: 1997-01-13 | Her Majesty the Queen |
| 1997-01-13 | Affidavit, to file the case on appeal to March 6, 1997 and the appellant's factum to April 6, 1997 (Peter Leask) - 2 copies, with service | Nelson M. Skalbania |
| 1997-01-13 | $50.00 filing fee for notice of motion, receipt no. 33335 | Nelson M. Skalbania |
| 1997-01-13 | Motion to extend time, to file the case on appeal to March 6, 1997 and the appellant's factum to April 6, 1997 - 2 copies, with service, Completed on: 1997-01-13 | Nelson M. Skalbania |
| 1997-01-09 | Correspondence (sent by the Court) to, from Lang, Michener to A. Roland, letter dated Jan. 9, 1997 re: enclosing motion for stay and affidavits | |
| 1997-01-09 | $50.00 filing fee for notice of motion, receipt no. 33326 | Nelson M. Skalbania |
| 1997-01-09 | Motion for a stay of execution, 5 copies - book form, with service, Completed on: 1997-01-09 | Nelson M. Skalbania |
| 1996-10-22 | Correspondence (sent by the Court) to, sent to A.G. of BC enclosing copy of Rule 32 c.c. Burke-Robertson | |
| 1996-10-22 | Correspondence (sent by the Court) to, sent to Leask, Daniells, Bahen (Vancouver, BC) enclosing copy of Rule 32 | |
| 1996-10-03 | General proceeding, 1 copy of reasons for judgment | Nelson M. Skalbania |
| 1996-10-03 | $50.00 filing a notice of appeal, receipt no. 32720 | Nelson M. Skalbania |
| 1996-10-03 | Notice of appeal, (1 copy), with service, Completed on: 1996-10-03 | Nelson M. Skalbania |
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 |
|---|---|---|
| Skalbania, Nelson M. | 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 for Ontario | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
Counsel
Party: Skalbania, Nelson M.
Counsel
Peter Leask, Q.C.
Leonard T. Doust
Leonard T. Doust
Leask, Daniells, Bahen
201 - 111 WATER ST
VANCOUVER, British Columbia
V6B 1A7
Telephone: (604) 683-3206
201 - 111 WATER ST
VANCOUVER, British Columbia
V6B 1A7
Telephone: (604) 683-3206
Agent
Eugene Meehan
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Party: Her Majesty the Queen
Counsel
Theresa R. Mitchell-Banks
Attorney General of British Columbia
865 Hornby St
5th Fl
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 775-0091
FAX: (604) 660-1097
865 Hornby St
5th Fl
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 775-0091
FAX: (604) 660-1097
Agent
V. Jennifer Mackinnon
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4195
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4195
Party: Attorney General of Alberta
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General for Ontario
Counsel
M. David Lepofsky, Q.C.
Attorney General for Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4458
FAX: (416) 326-4656
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4458
FAX: (416) 326-4656
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General of Quebec
Counsel
Jacques Gauvin
Procureur général du Québec
1200 RTE DE L'ÉGLISE
5e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-4090
1200 RTE DE L'ÉGLISE
5e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-4090
Agent
Martin Lamontagne
Procureur général du Québec
Palais de justice
17, rue Laurier
Hull, Quebec
J8X 4C1
Telephone: (819) 776-8111
FAX: (819) 772-3986
Palais de justice
17, rue Laurier
Hull, Quebec
J8X 4C1
Telephone: (819) 776-8111
FAX: (819) 772-3986
Party: Attorney General of Canada
Counsel
Robert J. Frater
Attorney General of Canada
Department of Justice
284 Wellington St, 2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 957-8412
Department of Justice
284 Wellington St, 2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 957-8412
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 29, 1995
Supreme Court of British Columbia
x
Supreme Court of British Columbia
x
Acquittal of charge of theft of $100,000contrary to s. 334 of the Criminal Code
September 5, 1996
Court of Appeal for British Columbia (Vancouver)
CA020677
Court of Appeal for British Columbia (Vancouver)
CA020677
Appeal allowed and conviction entered for theft
Memorandums of argument on application for leave to appeal
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Date modified: 2025-05-13