Case information
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25561
Michael Colin Hodgson 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 | |
| 1999-01-05 | Record returned to the Registrar of the Court of Appeal | |
| 1998-09-28 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto, Ontario) | |
| 1998-09-28 | Copy of formal judgment being prepared, all parties | |
| 1998-09-24 |
Judgment on re-hearing rendered, CJ L'HD G Co McL Ia Ma Ba Bi, The appeal is dismissed. Dismissed, no order as to costs |
|
| 1998-09-24 | Notice of deposit of judgment sent to all parties, all parties | |
| 1998-05-29 | Correspondence (sent by the Court) to, from D. Frankel to A. Roland, letter dated May 26, 1998 re: enclosing 2 recent decisions of the Court of Appeal of B.C. (Q. v. McCreery and Q. v. M.R.B.) (joint with 25435) sent to CJ L'HD G Co McL I Ma Ba Bi, June 3/98 | |
| 1998-03-30 | General proceeding, (transcripts received and distributed to the judges - (hearing on March 24, 1998, 96 pages, hearing on Dec. 11, 1997, 29 pages) | |
| 1998-03-24 |
Re-hearing of the appeal, 1998-03-24, CJ L'HD G Co McL Ia Ma Ba Bi Judgment reserved |
|
| 1998-03-24 | General proceeding, 10 copies of T. Thongjai v. Queen (given in Court by the appellant) | Michael Colin Hodgson |
| 1998-03-20 | Correspondence (sent by the Court) to, from Gowling re: A.G.Alberta will not attend the hearing of the appeal | |
| 1998-03-19 | Book of authorities, 10 copies, with service, Completed on: 1998-03-19 | Attorney General of British Columbia |
| 1998-03-19 | Proof of service, of the intervener's factum (book form) (joint with 25435) | |
| 1998-03-19 | Correspondence (sent by the Court) to, from I. Koziebrocki to A. Roland, letter dated March 19, 1998 (fax copy) re: it is his intention to rely on a decision Thakoen Gwitsa T. Thongjaii v. Queen at the hearing of this appeal (to be sent to the panel) sent to CJ L'HD G Co McL I Ma Ba Bi, Mar. 2 | |
| 1998-03-18 | Intervener's factum, 23 copies (joint with 25435), Completed on: 1998-03-18 | Attorney General of Alberta |
| 1998-03-18 | Book of authorities, 12 copies (joint with 254350, with service, Completed on: 1998-03-18 | Attorney General of Canada |
| 1998-03-17 | Proof of service, of the A.G. Quebec's factum (joint with 25435) | |
| 1998-03-17 | Notice of appearance, (Jacques Gauvin et Joanne Marceau) | Attorney General of Quebec |
| 1998-03-17 | Notice of appearance, of S. David Frankel, Q.C. (20 mins.) | Her Majesty the Queen |
| 1998-03-16 | Intervener's factum, 24 copies, with service, Completed on: 1998-03-16 | Attorney General of British Columbia |
| 1998-03-16 | Intervener's factum, 24 copies (joint with 25435, Completed on: 1998-03-16 | Attorney General of Quebec |
| 1998-03-13 | Correspondence (sent by the Court) to, from John Gordon to A. Roland, letter dated March 6, 1998 re: to hear the Hodgson appeal first | |
| 1998-03-11 | Intervener's factum, 24 copies (see order dated Feb. 25, 1998) (joint with Wells), with service, Completed on: 1998-03-11 | Attorney General of Canada |
| 1998-03-04 | Order on motion for leave to intervene, (joint with 25435) | |
| 1998-03-02 | Correspondence (sent by the Court) to, from Henry Brown to Registrar, letter dated Feb. 27, 1998 re: adequacy of Rule 32 | |
| 1998-03-02 | Order on motion for leave to intervene | |
| 1998-02-27 | Order on motion for leave to intervene | |
| 1998-02-26 | Order on motion for leave to intervene, (joint avec 25435) | |
| 1998-02-25 |
Decision on the motion for leave to intervene, The intervener is allowed to file a joint factum (25561-25435) not to exceed 20 pages, McL Granted, no order as to costs |
|
| 1998-02-25 | Hearing of motion for leave to intervene, 1998-02-25, The intervener is allowed to file a joint factum (25561-25435) not to exceed 20 pages, McL | |
| 1998-02-25 | Submission of motion for leave to intervene, 1998-02-25, The intervener is allowed to file a joint factum (25561-25435) not to exceed 20 pages, McL | |
| 1998-02-25 |
Decision on motion to extend time, for leave to intervene, McL Granted, no order as to costs |
|
| 1998-02-25 | Hearing of motion to extend time, 1998-02-25, for leave to intervene, McL | |
| 1998-02-25 | Submission of motion to extend time, 1998-02-25, for leave to intervene, McL | |
| 1998-02-25 |
Decision on the motion for leave to intervene, The intervener is allowed to file a joint factum (25561-25435) not to exceed 25 pages and oral argument not to exceed 20 minutes, McL Granted, no order as to costs |
|
| 1998-02-25 | Hearing of motion for leave to intervene, 1998-02-25, The intervener is allowed to file a joint factum (25561-25435) not to exceed 25 pages and oral argument not to exceed 20 minutes, McL | |
| 1998-02-25 | Submission of motion for leave to intervene, 1998-02-25, The intervener is allowed to file a joint factum (25561-25435) not to exceed 25 pages and oral argument not to exceed 20 minutes, McL | |
| 1998-02-25 |
Decision on the motion for leave to intervene, The intervener is allowed to file a factum not to exceed 20 pages and oral argument not to exceed 15 minutes, McL Granted, no order as to costs |
|
| 1998-02-25 | Hearing of motion for leave to intervene, 1998-02-25, The intervener is allowed to file a factum not to exceed 20 pages and oral argument not to exceed 15 minutes, McL | |
| 1998-02-25 | Submission of motion for leave to intervene, 1998-02-25, The intervener is allowed to file a factum not to exceed 20 pages and oral argument not to exceed 15 minutes, McL | |
| 1998-02-25 |
Decision on the motion for leave to intervene, l'intervenant peut produire un mémoire conjoint (25561-25435) n'excédant pas 20 pages et une plaidoirie orale de dépassant pas 15 minutes, McL Granted, no order as to costs |
|
| 1998-02-25 | Hearing of motion for leave to intervene, 1998-02-25, l'intervenant peut produire un mémoire conjoint (25561-25435) n'excédant pas 20 pages et une plaidoirie orale de dépassant pas 15 minutes, McL | |
| 1998-02-25 | Submission of motion for leave to intervene, 1998-02-25, l'intervenant peut produire un mémoire conjoint (25561-25435) n'excédant pas 20 pages et une plaidoirie orale de dépassant pas 15 minutes, McL | |
| 1998-02-24 | Response to the motion for leave to intervene, by the Attorney General for Alberta (joint with the respondent) (letterform by fax from Robert E. Houston), Completed on: 1998-02-24 | Michael Colin Hodgson |
| 1998-02-23 | Affidavit, Henry S. Brown, with service | Attorney General of Alberta |
| 1998-02-23 | Motion for leave to intervene, With service, Completed on: 1998-02-23 | Attorney General of Alberta |
| 1998-02-23 | Affidavit, for leave to intervene; Henry S. Brown, with service | Attorney General of Alberta |
| 1998-02-23 | Motion to extend time, for leave to intervene, with service, Completed on: 1998-02-23 | Attorney General of Alberta |
| 1998-02-20 | Affidavit, 2 copies; S. David Frankel, Q.C., with service | Attorney General of Canada |
| 1998-02-20 | Motion for leave to intervene, 2 copies, with service, Completed on: 1998-02-20 | Attorney General of Canada |
| 1998-02-20 | Affidavit, for leave to intervene; 2 copies; S. David Frankel, Q.C. | Attorney General of Canada |
| 1998-02-20 | Motion to extend time, for leave to intervene; 2 copies, with service, Completed on: 1998-02-20 | Attorney General of Canada |
| 1998-02-16 | Response to the motion for leave to intervene, by A.G. Quebec, Completed on: 1998-02-16 | Michael Colin Hodgson |
| 1998-02-11 | Response to the motion for leave to intervene, of Burke-Robertson, Completed on: 1998-02-11 | Her Majesty the Queen |
| 1998-02-11 | Affidavit, of Gregory J. Fitch, with service | Attorney General of British Columbia |
| 1998-02-11 | $50.00 filing fee for notice of motion, receipt no. 30111 | Attorney General of British Columbia |
| 1998-02-11 | Motion for leave to intervene, (joint motion), with service, Completed on: 1998-02-11 | Attorney General of British Columbia |
| 1998-02-06 | Response to the motion for leave to intervene, by A. G. Quebec (Burke-Robertson) (fax copy - letter form, joint with 25435), Completed on: 1998-02-06 | Her Majesty the Queen |
| 1998-02-04 | $50.00 filing fee for notice of motion, (deducted from P.G.Qc account) | Attorney General of Quebec |
| 1998-02-04 | Affidavit, Jacques Gauvin | Attorney General of Quebec |
| 1998-02-04 | Motion for leave to intervene, Completed on: 1998-02-04 | Attorney General of Quebec |
| 1998-02-04 | Affidavit, for leave to intervene; Jacques Gauvin | Attorney General of Quebec |
| 1998-02-04 | Motion to extend time, for leave to intervene, Completed on: 1998-02-04 | Attorney General of Quebec |
| 1998-02-02 |
Re-hearing scheduled, 1998-03-24 Judgment reserved |
|
| 1997-12-18 | Proof of service, of the appellant's and respondent's factum | |
| 1997-12-11 |
Judgment on the appeal rendered, - THE CHIEF JUSTICE (orally): The parties are ordered to serve their facta on the Attorneys General in Canada, and the case is traversed to the next term Traversed, no order as to costs |
|
| 1997-12-11 |
Hearing of the appeal, 1997-12-11, - THE CHIEF JUSTICE (orally): The parties are ordered to serve their facta on the Attorneys General in Canada, and the case is traversed to the next term Adjourned |
|
| 1997-12-11 |
Decision on motion to extend time, to file the factum to Dec 2/97, Reg Granted, no order as to costs |
|
| 1997-12-11 | Hearing of motion to extend time, 1997-12-11, to file the factum to Dec 2/97, Reg | |
| 1997-12-11 | Submission of motion to extend time, 1997-12-11, to file the factum to Dec 2/97, Reg | |
| 1997-12-10 | $50.00 filing fee for notice of motion, receipt #28249 | Her Majesty the Queen |
| 1997-12-10 | Affidavit, to file the factum to Dec. 2\98; Ian R. Smith, with service | Her Majesty the Queen |
| 1997-12-10 | Motion to extend time, to file the factum to Dec. 2\98, with service, Completed on: 1997-12-10 | Her Majesty the Queen |
| 1997-12-08 | Book of authorities, 10 copies, Completed on: 1997-12-08 | Her Majesty the Queen |
| 1997-12-02 | Respondent's factum, 24 copies (extension of time requested), with service, Completed on: 1997-12-02 | Her Majesty the Queen |
| 1997-10-24 | Appeal court record, (1 padded env.) | |
| 1997-10-20 | Correspondence (sent by the Court) to, from I.Koziebrocki to M. DeSa of Court of Appeal re: requesting that Appeal Records be sent to the S.C. | |
| 1997-10-03 |
Appeal hearing scheduled, 1997-12-11 Adjourned |
|
| 1997-09-26 | Certified casebook, (service admitted on July 18/97), with service | Michael Colin Hodgson |
| 1997-09-26 | Appellant's factum, 24 copies, with service, Completed on: 1997-09-26 | Michael Colin Hodgson |
| 1997-08-25 | Appeal perfected for hearing, Session beginning on 1997-10-06 | |
| 1997-07-16 | Case on appeal, 23 copies | Michael Colin Hodgson |
| 1997-06-05 | Correspondence (sent by the Court) to, sent to A.G. for ON (Toronto, ON) enclosing copy of Rule 32 | |
| 1997-06-05 | Correspondence (sent by the Court) to, sent to Irwin Koziebrocki (Toronto, ON) enclosing copy of Rule 32 | |
| 1997-06-03 | Notice of appeal, With service, Completed on: 1997-06-03 | Michael Colin Hodgson |
| 1997-05-13 | Order granting leave to appeal | |
| 1997-05-08 |
Judgment of the Court on the application for leave to appeal, LaF G Ma, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1997-05-08 | Notice of deposit of judgment issued to all parties, Burke-Robertson | |
| 1997-01-10 | All materials on application for leave submitted to the Judges, LaF G Ma | |
| 1997-01-02 | Order on motion to extend time, to file the Respondent's factum to the 18th day of December, 1996. | |
| 1996-12-23 |
Decision on motion to extend time, to file the respondent's response to Dec. 18, 1996, DeRg Granted, no order as to costs |
|
| 1996-12-23 | Hearing of motion to extend time, 1996-12-23, to file the respondent's response to Dec. 18, 1996, DeRg | |
| 1996-12-23 | Submission of motion to extend time, 1996-12-23, to file the respondent's response to Dec. 18, 1996, DeRg | |
| 1996-12-20 | $50.00 filing fee for a notice of motion, receipt no. 33254 | Her Majesty the Queen |
| 1996-12-20 | Response to motion to extend time, to file the respondent's memorandum to Dec. 18, 1996 (Burke-Robertson), Completed on: 1996-12-20 | Michael Colin Hodgson |
| 1996-12-20 | Affidavit, to file the respondent's memorandum to Dec. 18, 1996 (Ian R. Smith), with service | Her Majesty the Queen |
| 1996-12-20 | Motion to extend time, to file the respondent's memorandum to Dec.18, 1996, with service, Completed on: 1996-12-20 | Her Majesty the Queen |
| 1996-12-18 | Respondent's response on the application for leave to appeal, 5 copies (extension of time requested), with service, Completed on: 1996-12-18 | Her Majesty the Queen |
| 1996-12-10 | General proceeding, 3 copies of appeal transcript | Michael Colin Hodgson |
| 1996-12-10 | General proceeding, 5 copies of supplementary memorandum of argument, with service | Michael Colin Hodgson |
| 1996-12-10 | Correspondence received from, from Irwin Kozeibrocki; re: enclosed transcripts and supplementary argument on the fact that the SCC granted leave in R. v. Wells 25435 (TO BE DISTRIBUTED) | Michael Colin Hodgson |
| 1996-10-30 | Correspondence received from, sent to Burke-Robertson enclosing copy of letter dated oct 30/96 sent to applicant | |
| 1996-10-30 | Correspondence received from, sent to Burke-Robertson to acknowledge receipt of application for leave to appeal | |
| 1996-10-25 | $50.00 filing fee, receipt no. 32851 | Michael Colin Hodgson |
| 1996-10-25 | Application for leave to appeal, 5 copies (transcript of evidence requested), with service, Completed on: 1996-12-10 | Michael Colin Hodgson |
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 |
|---|---|---|
| Hodgson, Michael Colin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Quebec | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
Counsel
Party: Hodgson, Michael Colin
Counsel
Irwin Koziebrocki
1007 - 111 Richmond Street West
Toronto, Ontario
M5H 2G4
Telephone: (416) 364-7292
FAX: (416) 364-7473
Toronto, Ontario
M5H 2G4
Telephone: (416) 364-7292
FAX: (416) 364-7473
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: Her Majesty the Queen
Counsel
Ian R. Smith
Attorney General for Ontario
720 BAY ST
10TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4605
FAX: (416) 326-4656
720 BAY ST
10TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4605
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
Joanne Marceau
Procureur général du Québec
1200, Route de l'Église
9e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-9059
FAX: (418) 646-5412
Email: jmarceau@justice.gouv.qc.ca
1200, Route de l'Église
9e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-9059
FAX: (418) 646-5412
Email: jmarceau@justice.gouv.qc.ca
Agent
Sylvie Roussel
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General of British Columbia
Counsel
John M. Gordon
Attorney General of British Columbia
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
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 Canada
Counsel
S. David Frankel, Q.C.
Attorney General of Canada
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0211
FAX: (604) 666-1599
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0211
FAX: (604) 666-1599
Agent
Robert Frater
Attorney General of Canada, Department of Justice Canada
East Memorial Bldg, Service Centre
284 Wellington St 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
East Memorial Bldg, Service Centre
284 Wellington St 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Party: Attorney General of Alberta
Counsel
Kenneth E. Tjosvold
Attorney General of Alberta
9833 - 109th Street
3rd Floor
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5042
FAX: (780) 422-1106
9833 - 109th Street
3rd Floor
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5042
FAX: (780) 422-1106
Agent
Brian A. Crane, Q.C.
Gowling Lafleur 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
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
February 4, 1994
Ontario Court of Justice (General Division)
x
Ontario Court of Justice (General Division)
x
Conviction: Sexual assault
June 25, 1996
Court of Appeal for Ontario
C18122
Court of Appeal for Ontario
C18122
Conviction appeal dismissed; sentence 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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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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Date modified: 2025-05-13