Case information
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25822
Cyril J. Smith v. Her Majesty the Queen
(Nova Scotia) (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) |
|---|---|---|
| 1998-06-16 | Appeal closed | |
| 1998-02-27 | Formal judgment sent to the registrar of the court of appeal and all parties, Nova Scotia (Halifax) | |
| 1998-02-27 | Copy of formal judgment being prepared, all parties | |
| 1998-02-19 |
Judgment on the appeal rendered, G Co McL Ia Ma, The appeal from conviction for the assault of Darren Watts is dismissed. The appeal from conviction for the assault on Rob Gillis is allowed and a new trial is directed. Allowed, no order as to costs |
|
| 1998-02-19 | Notice of deposit of judgment sent to all parties, all parties | |
| 1997-12-22 | General proceeding, transcript received and distibuted to the justices (71 pages) (joint with 25831-832-833-834) | |
| 1997-12-05 |
Hearing of the appeal, 1997-12-05, G Co McL Ia Ma Decision reserved |
|
| 1997-12-04 | General proceeding, 12 copies of CONDENSED BOOK | Cyril J. Smith |
| 1997-12-04 | General proceeding, 12 copies of CONDENSED BOOK (joint with 25831-832- 833-834) | Her Majesty the Queen |
| 1997-12-01 | Correspondence (sent by the Court) to, from Gowling re: duration of argument | |
| 1997-11-28 | Order on motion to extend time, to file their consolidated factum (joint with 25831 - 832 - 833 - 834) | |
| 1997-11-28 | Correspondence (sent by the Court) to, from Kenneth Fiske (letter dated Nov. 27, 1997) (fax copy) re: duration of argument | |
| 1997-11-28 |
Decision on motion to extend time, to file their consolidated factum to Nov. 19/97 (joint with 25831 - 832 - 833 - 834), Reg Granted, no order as to costs |
|
| 1997-11-28 | Hearing of motion to extend time, 1997-11-28, to file their consolidated factum to Nov. 19/97 (joint with 25831 - 832 - 833 - 834), Reg | |
| 1997-11-28 | Submission of motion to extend time, 1997-11-28, to file their consolidated factum to Nov. 19/97 (joint with 25831 - 832 - 833 - 834), Reg | |
| 1997-11-27 | Response to motion to extend time, to file a consolidated respondent's factum to Nov. 19, 1997 (Gowling, Strathy) (joint with consent in Robart's case), Completed on: 1997-11-27 | Cyril J. Smith |
| 1997-11-27 | Correspondence (sent by the Court) to, from Pink, Murray to Registrar (fax copy) re: duration of argument (joint with 25832-25833- 25831-25834) | |
| 1997-11-19 | Affidavit, (of Kenneth W.F. Fiske) (joint with 25831-832-833- 834), with service | Her Majesty the Queen |
| 1997-11-19 | $50.00 filing fee for notice of motion, to extend time receipt #28142 | Her Majesty the Queen |
| 1997-11-19 | Motion to extend time, to file the respondent's factum to Nov. 19/97 (joint with 25831-832-833-834), with service, Completed on: 1997-11-19 | Her Majesty the Queen |
| 1997-11-19 | Book of authorities, 10 copies (joint with 25831-832-833-834), with service, Completed on: 1997-11-19 | Her Majesty the Queen |
| 1997-11-19 | Respondent's factum, 24 copies (joint with 25831-832-833-834), with service, Completed on: 1997-11-19 | Her Majesty the Queen |
| 1997-10-17 |
Appeal hearing scheduled, 1997-12-05 Decision reserved |
|
| 1997-10-14 | Notice of hearing, With service | Cyril J. Smith |
| 1997-09-02 | Book of authorities, 10 copies, Completed on: 1997-09-02 | Cyril J. Smith |
| 1997-09-02 | Order on motion to extend time, to file their factum | |
| 1997-09-02 |
Decision on motion to extend time, to file their factum to Aug. 25/97, Reg Granted, no order as to costs |
|
| 1997-09-02 | Hearing of motion to extend time, 1997-09-02, to file their factum to Aug. 25/97, Reg | |
| 1997-09-02 | Submission of motion to extend time, 1997-09-02, to file their factum to Aug. 25/97, Reg | |
| 1997-08-29 | $50.00 filing fee for notice of motion, to extend time #34644 | Cyril J. Smith |
| 1997-08-28 | Response to motion to extend time, to file the appellant's factum to Aug. 27, 1997 (K. Fiske), Completed on: 1997-08-28 | Her Majesty the Queen |
| 1997-08-28 | Affidavit, to file the appellant's factum to Aug. 25, 1997 (E. V. Bemmel) | Cyril J. Smith |
| 1997-08-28 | Motion to extend time, to file the appellant's factum to Aug. 25, 1997 ($50.00 requested), Completed on: 1997-08-28 | Cyril J. Smith |
| 1997-08-25 | Appeal perfected for hearing, Session beginning on 1997-10-06 | |
| 1997-08-25 | Appellant's factum, 24 copies (extension of time requested), with service, Completed on: 1997-08-25 | Cyril J. Smith |
| 1997-06-27 | Certified casebook, 1 copy (SUPPLEMENTARY), with service | Cyril J. Smith |
| 1997-06-20 | Order on motion to extend time, to file case on appeal and appellant's factum | |
| 1997-06-20 |
Decision on motion to extend time, Reg, to file case on appeal to June 30/97 and appellant's factum to August 18/97. This appeal shall be inscribed for hearing during the session commencing October 6/97, and will be scheduled for hearing together with the cases of Skinner v. R. (25831), Dixon v. R. (25834), Robert v. R. (25832) and McQuaid v. R. (25833). If the appellant does not serve & file the case on appeal and factum within the times prescribed in this Order, the appeal will be referred to a judge for determination in accordance with Rule 45 Granted, no order as to costs |
|
| 1997-06-20 | Hearing of motion to extend time, 1997-06-20, Reg | |
| 1997-06-20 | Submission of motion to extend time, 1997-06-20, Reg | |
| 1997-06-18 | Case on appeal, 23 copies (SUPLLEMENTARY) | Cyril J. Smith |
| 1997-06-17 | $50.00 filing fee for notice of motion, receipt #34340 | Cyril J. Smith |
| 1997-06-17 | Affidavit, to serve and file the Case on Appeal and the factum; Joshua M. Arnold | Cyril J. Smith |
| 1997-06-16 | Response to motion to extend time, to serve and file the Case on Appeal and the Appellant's factum, Completed on: 1997-06-16 | Her Majesty the Queen |
| 1997-06-16 | Motion to extend time, to serve and file the Case on appeal to June 30/ 97 and to serve and file the factum to Aug. 18/97, Completed on: 1997-06-16 | Cyril J. Smith |
| 1997-02-28 | Correspondence (sent by the Court) to, sent to A.G. of Nova Scotia (Halifax, NS) enclosing copy of Rule 32 c.c. Beament, Green, Dust | |
| 1997-02-28 | Correspondence (sent by the Court) to, sent to Arnold, Pizzo & MacKeigan (Halifax, NS) enclosing copy of Rule 32 c.c. Gowling, Strathy & Henderson | |
| 1997-02-11 | General proceeding, C.A. reasons | Cyril J. Smith |
| 1997-02-11 | $50.00 filing a notice of appeal, receipt #33538 | Cyril J. Smith |
| 1997-02-11 | Notice of appeal, (to be heard with 25832-833-834), with service, Completed on: 1997-02-11 | Cyril J. Smith |
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 |
|---|---|---|
| Smith, Cyril J. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Smith, Cyril J.
Counsel
1750 - 1801 HOLLIS ST
HALIFAX, Nova Scotia
B3J 3N4
Telephone: (902) 429-4104
FAX: (902) 423-4009
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Her Majesty the Queen
Counsel
5151 Terminal Rd
PO Box 7
Halifax, Nova Scotia
B3J 2L6
Telephone: (902) 424-5450
FAX: (902) 424-0653
Agent
47 Clarence St
Suite 204
Ottawa, Ontario
K1N 9K1
Telephone: (613) 241-3400
FAX: (613) 241-8555
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.
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Lower court rulings
Supreme Court of Nova Scotia, Trial Division
x
conviction of aggravated assault
Nova Scotia Court of Appeal
126473
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
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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
Not available