Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
25787
Garry Richard Underwood v. Her Majesty the Queen
(Alberta) (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) |
|---|---|---|
| 1998-02-09 | Appeal closed | |
| 1998-02-06 | Record returned to the Registrar of the Court of Appeal, (1 box) | |
| 1998-02-04 | Copy of formal judgment being prepared, all parties | |
| 1998-02-03 | Formal judgment sent to the registrar of the court of appeal and all parties, Alberta (Calgary) | |
| 1998-01-22 |
Written reasons rendered after oral judgment, CJ Co McL Ia Ma Allowed, no order as to costs |
|
| 1997-12-22 | General proceeding, transcripts received and distributed to the justices (26 pages) | |
| 1997-12-04 |
Judgment on the appeal rendered, CJ Co McL Ia Ma, THE CHIEF JUSTICE (orally): The appeal is allowed, the decision of the Court of Appeal is set aside and a new trial is ordered; reasons to follow. Allowed, no order as to costs |
|
| 1997-12-04 |
Hearing of the appeal, 1997-12-04, CJ Co McL Ia Ma Judgment rendered |
|
| 1997-12-04 | General proceeding, 12 copies of Appellant's condensed book of evidence and authorities | Garry Richard Underwood |
| 1997-12-02 | General proceeding, 12 copies of Condensed Book of evidence | Her Majesty the Queen |
| 1997-12-01 | Correspondence (sent by the Court) to, from Gowling re: duration of argument | |
| 1997-11-24 | Book of authorities, 10 copies, with service, Completed on: 1997-11-24 | Her Majesty the Queen |
| 1997-11-24 | Respondent's factum, 24 copies, with service, Completed on: 1997-11-24 | Her Majesty the Queen |
| 1997-10-22 | Book of authorities, 10 copies, Completed on: 1997-10-22 | Garry Richard Underwood |
| 1997-10-03 |
Appeal hearing scheduled, 1997-12-04 Judgment rendered |
|
| 1997-10-01 | Appeal court record, 1 box | |
| 1997-10-01 | Certified casebook, 1 copy of vols. 1 to 4 | Garry Richard Underwood |
| 1997-09-30 | Appellant's factum, 24 copies, with service, Completed on: 1997-09-30 | Garry Richard Underwood |
| 1997-09-30 | Appeal perfected for hearing, Session beginning on 1997-10-06 | |
| 1997-09-29 | Certified casebook, vol. I to IV, with service | Garry Richard Underwood |
| 1997-09-17 | Correspondence (sent by the Court) to, sent to Dept. of Justice Alberta (Edmonton, AB) enclosing copy of the notice to the profession dealing with condensed books | |
| 1997-09-17 | Correspondence (sent by the Court) to, sent to Royal McCrum Duckett & Glancy (Edmonton, AB) enclosing copy of the notice to the profession dealing with condensed books | |
| 1997-09-11 | Case on appeal, 23 copies of vol. I to IV | Garry Richard Underwood |
| 1997-09-02 | Order on motion to extend time to serve and/or file notice of appeal | |
| 1997-08-28 | Correspondence (sent by the Court) to, sent to A.G. of Alberta (Edmonton, AB) enclosing copy of Rule 32 | |
| 1997-08-28 | Correspondence (sent by the Court) to, sent to Peter J. Royal, Q.C. (Edmonton, AB) enclosing copy of Rule 32 | |
| 1997-08-28 | Order granting leave to appeal | |
| 1997-08-27 |
Decision on motion to extend time to serve and/or file notice of appeal, to Aug. 25/97, Ia Granted, no order as to costs |
|
| 1997-08-27 | Hearing of motion to extend time to serve and/or file notice of appeal, 1997-08-27, to Aug. 25/97, Ia | |
| 1997-08-27 | Submission of motion to extend time to serve and/or file notice of appeal submitted, 1997-08-27, to Aug. 25/97, Ia | |
| 1997-08-26 | Response to motion to extend time to serve and/or file notice of appeal, to August 25/97, Completed on: 1997-08-26 | Her Majesty the Queen |
| 1997-08-26 | Affidavit, (of Peter J. Royal, Q.C.), with service | Garry Richard Underwood |
| 1997-08-25 | $50.00 filing fee for notice of motion, to extend time receipt #34620 | Garry Richard Underwood |
| 1997-08-25 | Motion to extend the time to serve and/or file the notice of appeal, to August 25/97 (bookform), with service, Completed on: 1997-08-25 | Garry Richard Underwood |
| 1997-08-25 | Notice of appeal, (served with the motion), with service, Completed on: 1997-08-25 | Garry Richard Underwood |
| 1997-05-30 | Notice of deposit of judgment issued to all parties, Peter J. Royal, Q.C. (Edmonton, AB) | |
| 1997-05-30 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson | |
| 1997-05-29 |
Judgment of the Court on the application for leave to appeal, CJ Co McL, The application for extension of time is granted. The application for leave to appeal is granted with respect to ground one only. Granted, no order as to costs |
|
| 1997-05-29 |
Decision on motion to extend time to file and /or serve the leave application, CJ Co McL Granted, no order as to costs |
|
| 1997-05-29 | Hearing of motion to extend time to file and/ or serve the leave application, 1997-05-29, CJ Co McL | |
| 1997-05-29 | Submission of motion to extend time to file and/ or serve the leave application, 1997-05-29, CJ Co McL | |
| 1997-04-18 | All materials on application for leave submitted to the Judges, CJ Co McL | |
| 1997-03-07 | Proof of service, of the respondent's response | |
| 1997-02-21 | Respondent's response on the application for leave to appeal, 5 copies, Completed on: 1997-02-21 | Her Majesty the Queen |
| 1997-02-14 | Correspondence received from, sent to Attorney General of Canada enclosing copy of the letter dated Feb. 14/97 sent to the Applicant | |
| 1997-02-14 | Correspondence received from, sent to Peter J. Royal, Q.C. (Edmonton, AB) to acknowledge receipt of material commencing a proceeding together with filing fee | |
| 1997-02-12 | Correspondence received from, sent to Attorney General of Canada enclosing copy of the letter dated Feb. 12/97 sent to the Applicant | |
| 1997-02-12 | Correspondence received from, sent to Peter J. Royal, Q.C. (Edmonton, AB) to acknowledge receipt of material commencing a proceeding together with filing fee | |
| 1997-01-27 | $50.00 filing fee, receipt no. 33419 | Garry Richard Underwood |
| 1997-01-27 | Application for leave to appeal, 5 copies, with service, Completed on: 1997-01-27 | Garry Richard Underwood |
| 1997-01-27 | Affidavit, (Peter J. Royal) (included in the application for leave to appeal), with service | Garry Richard Underwood |
| 1997-01-27 | Motion to extend the time to file and or serve the application for leave to appeal, (included in the application for leave to appeal), with service, Completed on: 1997-01-27 | Garry Richard Underwood |
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 |
|---|---|---|
| Underwood, Garry Richard | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Underwood, Garry Richard
Counsel
215 - 8204, 104th St
Edmonton, Alberta
T6E 4E6
Telephone: (780) 432-0919
FAX: (780) 439-6562
Email: proyal@royalmccrum.com
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
x
Conviction: murder first degree
Court of Appeal of Alberta (Calgary)
14741
appeal dismissed
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
Not available