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25549

Hopeton Allen 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)
1998-02-04 Appeal closed
1998-01-23 Record returned to the Registrar of the Court of Appeal, sent together with 25999 and 25507 (5 boxes)
1997-11-13 Copy of formal judgment being prepared, all parties
1997-11-07 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1997-10-17 General proceeding, 6 copies of Ontario Court, General division - transcripts (given in Court by the appellant) Hopeton Allen
1997-10-17 Judgment on the appeal rendered, So G Co McL Ia
Dismissed, no order as to costs
1997-10-17 Hearing of the appeal, 1997-10-17, So G Co McL Ia
1997-10-16 Supplemental document, 10 copies of Additional authorities, with service Hopeton Allen
1997-10-16 Discontinuance of motion to adduce new evidence, (to be sent to the judges) sent to So G Co McL I, Oct. 16/97 Hopeton Allen
1997-10-16 $50.00 filing fee for notice of motion, receipt no. 34942 Hopeton Allen
1997-10-15 Affidavit, of Richard Kesten (new evidence in the form of this affidavit) - 10 copies sent to So G Co McL I, Oct. 15/97, with service Hopeton Allen
1997-10-15 Motion to adduce new evidence, 10 copies (to be heard at the hearing of the appeal) $50.00 requested sent to So G Co McL I, Oct. 15/97, with service, Completed on: 1997-10-15 Hopeton Allen
1997-10-02 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1997-10-01 Decision on motion to extend time, to file their factum to Sept. 25/97, Reg
Granted, no order as to costs
1997-10-01 Hearing of motion to extend time, 1997-10-01, to file their factum to Sept. 25/97, Reg
1997-10-01 Submission of motion to extend time, 1997-10-01, to file their factum to Sept. 25/97, Reg
1997-09-30 Response to motion to extend time, to file the respondent's factum to Sept. 25, 1997 (Gowling, Strathy), Completed on: 1997-09-30 Hopeton Allen
1997-09-25 Affidavit, to file the respondent's factum (of David Butt), with service Her Majesty the Queen
1997-09-25 $50.00 filing fee for notice of motion, to exrend time receipt #34798 Her Majesty the Queen
1997-09-25 Motion to extend time, to file the respondent's factum to Sept. 25/97, with service, Completed on: 1997-09-25 Her Majesty the Queen
1997-09-25 Respondent's factum, 24 copies, with service, Completed on: 1997-09-25 Her Majesty the Queen
1997-09-05 Notice of hearing Hopeton Allen
1997-08-27 Appeal hearing scheduled, 1997-10-17
1997-08-19 Book of authorities, 10 copies, with service, Completed on: 1997-08-19 Hopeton Allen
1997-08-12 Appeal perfected for hearing, Session beginning on 1997-10-06
1997-08-11 Correspondence (sent by the Court) to, sent to A.G. for Ontario (Toronto, ON) enclosing a copy of the notice to the profession dealing with the condensed books c.c. Burke-Robertson
1997-08-11 Correspondence (sent by the Court) to, sent to Roach, Schwartz & Associates (Toronto, ON) direction on condensed book and enclosing a copy of the notice to the profession dealing with condensed books c.c. Gowling, Strathy & Henderson - Document not microfilmed but is on file
1997-08-01 Supplemental document, 12 copies of vol. III & IV (Excerpts of Transcript of proceedings), with service Hopeton Allen
1997-07-23 Appeal court record, 2 boxes
1997-06-30 Appellant's factum, 24 copies, with service, Completed on: 1997-06-30 Hopeton Allen
1997-05-30 Case on appeal, 23 copies of vol. I & II (see order of May 5/97) (SEE ALSO supplemental vol. III & IV) Hopeton Allen
1997-05-30 Trial court record, 1 copy of TRANSCRIPT OF PROCEEDINGS vol. I to XIV
1997-05-05 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, on condition that: Case on Appeal be filed by June 1/97 and Appellant's Factum filed by June 30/ 97, So Co McL Ia Ma
Granted, no order as to costs
1997-05-05 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1997-05-05, on condition that: Case on Appeal be filed by June 1/97 and Appellant's Factum filed by June 30/ 97, So Co McL Ia Ma
1997-05-05 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1997-05-05, on condition that: Case on Appeal be filed by June 1/97 and Appellant's Factum filed by June 30/ 97, So Co McL Ia Ma
1997-05-02 General proceeding, 10 copies of Motion record for show cause hearing Her Majesty the Queen
1997-05-02 Affidavit, of Richard I. Kesten sworn May 1/97 Hopeton Allen
1997-05-02 Affidavit, of Richard I. Kesten sworn May 1/97, with service Hopeton Allen
1997-05-02 Affidavit, of Richard I. Kesten sworn April 30/97 Hopeton Allen
1997-05-02 Affidavit, of Richard I. Kesten sworm April 30/97, with service Hopeton Allen
1997-05-02 Motion to extend time, to file the Case on Appeal and the appellant's factum, Completed on: 1997-05-02 Hopeton Allen
1997-05-02 $50.00 filing fee for notice of motion, for the appeal not abandoned & extension receipt #25549 Hopeton Allen
1997-05-02 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, Completed on: 1997-05-02 Hopeton Allen
1997-04-16 Show cause requested by the Court, on May 5/97 at 9:30 a.m. sent to Roach, Schwartz & Assoc. (Toronto, ON) (SENT BY FAX) c.c. David Butt (Attorney General for Ontario), Brian A. Crane, Q.C. (Gowling, Strathy & Henderson), Robert Houston, Q.C. (Burke-Robertson)
1996-10-30 Correspondence (sent by the Court) to, sent to A.G. for ON enclosing copy of Rule 32 c.c. Burke-Robertson
1996-10-30 Correspondence (sent by the Court) to, sent to Roach, Schwartz & Associates (Toronto, ON) enclosing copy of Rule 32 c.c. Gowling, Strathy & Henderson
1996-10-17 $50.00 filing a notice of appeal, receipt no. 32821 Hopeton Allen
1996-10-17 Notice of appeal, (fax copy) (reasons for judgment requested), with service, Completed on: 1996-10-17 Hopeton Allen

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
Allen, Hopeton Applicant Active

v.

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

Counsel

Party: Allen, Hopeton

Counsel
Charles C. Roach
Peter Rosenthal
Roach, Schwartz & Associates
688 St Clair Ave. W.
Toronto, Ontario
M6C 1B1
Telephone: (416) 657-1465
FAX: (416) 657-1511
Email: croach@roachschwartz.com
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Her Majesty the Queen

Counsel
David B. Butt
Attorney General of Ontario
361 University Avenue
Toronto, Ontario
M5G 2K1
Telephone: (416) 327-5949
FAX: (416) 327-6056
Agent
Robert E. Houston., Q.C.
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

October 5, 1993
Ontario Court of Justice (General Division)

x

Stay of proceedings on charges of 28 counts of fraud

September 19, 1996
Court of Appeal for Ontario

C16897

Appeal allowed

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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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