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.
25973
Sean Michael Gellvear v. Her Majesty the Queen
(Alberta) (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) |
|---|---|---|
| 1998-08-14 | Appeal closed | |
| 1998-07-24 | Formal judgment sent to the registrar of the court of appeal and all parties, Alberta (Calgary) | |
| 1998-07-24 | Copy of formal judgment being prepared, all parties | |
| 1998-07-08 | Record returned to the Registrar of the Court of Appeal, (1 envelope) | |
| 1998-06-23 |
Judgment on the appeal rendered, Co McL Ia Ma Ba Dismissed, no order as to costs |
|
| 1998-06-23 | Hearing of the appeal, 1998-06-23, Co McL Ia Ma Ba | |
| 1998-06-23 |
Decision on motion to strike out, Co McL Ia Ma Ba Granted, no order as to costs |
|
| 1998-06-23 | Hearing of motion to strike out, 1998-06-23, Co McL Ia Ma Ba | |
| 1998-06-23 | Submission of motion to strike out, 1998-06-23, Co McL Ia Ma Ba | |
| 1998-05-21 | $50.00 filing fee for notice of motion, receipt #30641 (motion to strike) | Her Majesty the Queen |
| 1998-04-28 | Book of authorities, 12 copies, with service, Completed on: 1998-04-28 | Her Majesty the Queen |
| 1998-04-24 | Motion to strike out, para. 3 to 24 of the appellant's factum; 10 copies, Completed on: 1998-04-24 | Her Majesty the Queen |
| 1998-04-24 | Respondent's factum, 24 copies, with service, Completed on: 1998-04-24 | Her Majesty the Queen |
| 1998-04-15 | Appeal hearing scheduled, 1998-06-23 | |
| 1998-03-31 | Order on motion to strike out, parts of the appellant's factum (for Major J.'s Order see file) | |
| 1998-03-31 |
Decision on motion to strike out, parts of the appellant's factum. The application to strike paragraphs 3 to 24 of the appellant's factum is dismissed with leave to renew before the panel hearing the appeal, Ma Dismissed, no order as to costs |
|
| 1998-03-31 | Hearing of motion to strike out, 1998-03-31, parts of the appellant's factum. The application to strike paragraphs 3 to 24 of the appellant's factum is dismissed with leave to renew before the panel hearing the appeal, Ma | |
| 1998-03-31 | Submission of motion to strike out, 1998-03-31, parts of the appellant's factum. The application to strike paragraphs 3 to 24 of the appellant's factum is dismissed with leave to renew before the panel hearing the appeal, Ma | |
| 1998-03-30 | Correspondence (sent by the Court) to, from Robert Houston to M. Larmour, letter dated March 24, 1998 (fax copy) re: does not intend to respond to the motion to strike out par. 3-24 of the appellant's factum | |
| 1998-03-17 | $50.00 filing fee for notice of motion, receipt no. 30272 | Her Majesty the Queen |
| 1998-03-17 | Motion to strike out, par. 3 to 24 of the appellant's factum (3 copies - book form), with service, Completed on: 1998-03-17 | Her Majesty the Queen |
| 1998-03-10 | Appeal court record, (1 envelope) | |
| 1998-03-02 | Appellant's factum, 24 copies (3 copies requested), with service, Completed on: 1998-03-02 | Sean Michael Gellvear |
| 1998-03-02 | Book of authorities, 12 copies, with service, Completed on: 1998-03-02 | Sean Michael Gellvear |
| 1998-03-02 | Appellant's record, 24 copies, with service, Completed on: 1998-03-02 | Sean Michael Gellvear |
| 1998-03-02 | Appeal perfected for hearing, Session beginning on 1998-04-27 | |
| 1998-02-13 | Order on motion to extend time, to file their factum | |
| 1998-01-15 |
Decision on motion to extend time, to file their factum & record to March 2/98, on condition that this appeal is ready to be heard during the April Term, Reg Granted, no order as to costs |
|
| 1998-01-15 | Hearing of motion to extend time, 1998-01-15, to file their factum & record to March 2/98, on condition that this appeal is ready to be heard during the April Term, Reg | |
| 1998-01-15 | Submission of motion to extend time, 1998-01-15, to file their factum & record to March 2/98, on condition that this appeal is ready to be heard during the April Term, Reg | |
| 1997-12-29 | Affidavit, of Eduard J. Van Bemmel; re: opposing the motion to extend time to serve and file the appellant's record and factum to March 15\98 | Her Majesty the Queen |
| 1997-12-22 | Affidavit, to file the appellant's factum and the appellant's record to March 15, 1998 (Ruth Reimer), with service | Sean Michael Gellvear |
| 1997-12-22 | $50.00 filing fee for notice of motion, receipt no. 28374 | Sean Michael Gellvear |
| 1997-12-22 | Motion to extend time, to file the appellant's factum and the appellant's record to March 15, 1998, with service, Completed on: 1997-12-22 | Sean Michael Gellvear |
| 1997-08-15 |
Decision on motion to extend time to serve and/or file notice of appeal, to May 3/97, L'HD Granted, no order as to costs |
|
| 1997-08-15 | Hearing of motion to extend time to serve and/or file notice of appeal, 1997-08-15, to May 3/97, L'HD | |
| 1997-08-15 | Submission of motion to extend time to serve and/or file notice of appeal submitted, 1997-08-15, to May 3/97, L'HD | |
| 1997-08-14 |
Decision on motion to strike out, L'HD, part of the Notice of Appeal. Upon review of the relevant documents, the motion is granted since no appeal as of right lies as regards the grounds alleged in the "further notice" filed by the appellant. The whole without prejudice to his right to apply for leave to appeal on such grounds provided it is done according to law AND AN EXTENSION OF TIME TO SERVE AND FILE FOR LEAVE TO APPEAL IS GRANTED TO AUG. 30/97 Granted, no order as to costs |
|
| 1997-08-14 | Hearing of motion to strike out, 1997-08-14, L'HD | |
| 1997-08-14 | Submission of motion to strike out, 1997-08-14, L'HD | |
| 1997-07-21 | Correspondence (sent by the Court) to, from Ruth Reimer, letter dated July 18, 1997 (fax copy) re: the reference to leave was in error and should instead have referred only to the appeal as of right | |
| 1997-07-15 |
Decision on motion to extend time, to file a response to the motion to strike to July 9/97, Reg Granted, no order as to costs |
|
| 1997-07-15 | Hearing of motion to extend time, 1997-07-15, to file a response to the motion to strike to July 9/97, Reg | |
| 1997-07-15 | Submission of motion to extend time, 1997-07-15, to file a response to the motion to strike to July 9/97, Reg | |
| 1997-07-11 | General proceeding, 2 copies of RESPONSE TO MOTION TO STRIKE (book form), with service | Sean Michael Gellvear |
| 1997-07-09 | General proceeding, 5 copies of RESPONSE to the respondent`s motion to strike, with service | Sean Michael Gellvear |
| 1997-07-09 | $50.00 filing fee for notice of motion, receipt #25973 | Sean Michael Gellvear |
| 1997-07-09 | Affidavit, 5 copies; Ruth Reimer, with service | Sean Michael Gellvear |
| 1997-07-09 | Motion to extend time, to respond to the respondent`s motion to strike; 5 copies, with service, Completed on: 1997-07-09 | Sean Michael Gellvear |
| 1997-06-26 | Proof of service, of extension of time to file the Notice of appeal | |
| 1997-06-25 | General proceeding, 3 copies of obection to the extension of time to file the Notice of Appeal, with service | Her Majesty the Queen |
| 1997-06-25 | $50.00 filing fee for notice of motion, receipt #34388 | Her Majesty the Queen |
| 1997-06-25 | Motion to strike out, part of the Notice of Appeal; 3 copies, with service, Completed on: 1997-06-25 | Her Majesty the Queen |
| 1997-06-17 | $50.00 filing fee for notice of motion, receipt #34343 | Sean Michael Gellvear |
| 1997-06-17 | Affidavit, 5 copies; Ruth Reimer, with service | Sean Michael Gellvear |
| 1997-06-17 | Motion to extend the time to serve and/or file the notice of appeal, 5 copies, with service, Completed on: 1997-06-17 | Sean Michael Gellvear |
| 1997-05-15 | Correspondence (sent by the Court) to, sent to Reimer Law Office (Calgary, AB) enclosing copy of Rule 32 | |
| 1997-05-15 | Correspondence (sent by the Court) to, sent to A.G. of Alberta (Calgary, AB) enclosing copy of Rule 32 | |
| 1997-05-02 | $50.00 filing a notice of appeal, receipt #34057 | Sean Michael Gellvear |
| 1997-05-02 | Notice of appeal, 5 copies - BOOK FORM - INCLUDING C.A. JUDGMENT (extension of time requested), with service, Completed on: 1997-05-02 | Sean Michael Gellvear |
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 |
|---|---|---|
| Gellvear, Sean Michael | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Gellvear, Sean Michael
Counsel
Calgary, Alberta
T2G 4T8
Telephone: (403) 262-7722
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Her Majesty the Queen
Counsel
9833 - 109th St
3rd Floor
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: arnold.schlayer@gov.ab.ca
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
Provincial Court of Alberta
x
Conviction: 4 counts etc. (see file)
Court of Appeal of Alberta (Calgary)
96-16594
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
Not available
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