Case information
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26032
Her Majesty the Queen v. Bert Thomas Stone
(British Columbia) (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) |
|---|---|---|
| 1999-07-05 | Record returned to the Registrar of the Court of Appeal, (joint with 25969) | |
| 1999-06-08 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 1999-06-08 | Copy of formal judgment being prepared | |
| 1999-05-28 | Notice of deposit of judgment sent to all parties | |
| 1999-05-27 |
Judgment on the appeal rendered, CJ L'HD G Co McL Ia Ma Ba Bi, The appeal from conviction is dismissed, Lamer C.J. and Iacobucci, Major and Binnie JJ. dissenting. The Crown's sentence appeal is dismissed and the sentence imposed by the sentencing judge is reaffirmed. Dismissed, no order as to costs |
|
| 1998-07-15 | General proceeding, transcript received and distributed to the justices (136 pages)(joint with 25969) | |
| 1998-06-26 | General proceeding, 12 copies of Condensed case on appeal | Bert Thomas Stone |
| 1998-06-26 |
Hearing of the appeal, 1998-06-26, CJ L'HD G Co McL Ia Ma Ba Bi Decision reserved |
|
| 1998-06-24 | Notice of appearance, (joint with 25969) | Her Majesty the Queen |
| 1998-06-23 | Notice of appearance, (joint with 25969) | Bert Thomas Stone |
| 1998-06-15 | Book of authorities, 12 copies (joint with 25969), with service, Completed on: 1998-06-15 | Attorney General for Ontario |
| 1998-06-01 | Book of authorities, 12 copies of vol. I & II, Completed on: 1998-06-01 | Bert Thomas Stone |
| 1998-05-25 | Intervener's factum, 25 copies (joint with 25969), with service, Completed on: 1998-05-25 | Attorney General for Ontario |
| 1998-05-22 | Order on motion to extend time, to file their Factum | |
| 1998-05-21 | Book of authorities, 12 copies (joint with 25969), with service, Completed on: 1998-05-21 | Attorney General of Canada |
| 1998-05-21 | Intervener's factum, 24 copies (joint with 25969), with service, Completed on: 1998-05-21 | Attorney General of Canada |
| 1998-05-19 | Respondent's factum, 23 copies, with service, Completed on: 1998-05-19 | Bert Thomas Stone |
| 1998-05-15 | Order on motion for leave to intervene, for Chief Justice's Order on motions for leave to intervene see file (Joint with 25969) | |
| 1998-05-15 |
Decision on the motion for leave to intervene, Leave is granted to file a factum of 20 pages by May 25/98 and oral argument limited to 15 minutes (Joint with 25969), CJ Granted, no order as to costs |
|
| 1998-05-15 | Hearing of motion for leave to intervene, 1998-05-15, Leave is granted to file a factum of 20 pages by May 25/98 and oral argument limited to 15 minutes (Joint with 25969), CJ | |
| 1998-05-15 | Submission of motion for leave to intervene, 1998-05-15, Leave is granted to file a factum of 20 pages by May 25/98 and oral argument limited to 15 minutes (Joint with 25969), CJ | |
| 1998-05-15 |
Decision on motion to extend time, for leave to intervene, CJ Granted, no order as to costs |
|
| 1998-05-15 | Hearing of motion to extend time, 1998-05-15, for leave to intervene, CJ | |
| 1998-05-15 | Submission of motion to extend time, 1998-05-15, for leave to intervene, CJ | |
| 1998-05-15 |
Decision on motion to extend time, for leave to intervene, CJ Granted, no order as to costs |
|
| 1998-05-15 | Hearing of motion to extend time, 1998-05-15, for leave to intervene, CJ | |
| 1998-05-15 | Submission of motion to extend time, 1998-05-15, for leave to intervene, CJ | |
| 1998-05-15 |
Decision on the motion for leave to intervene, Leave is granted to file a factum of 20 pages by May 22/98 and oral argument limited to 15 minutes (Joint with 25969), CJ Granted, no order as to costs |
|
| 1998-05-15 | Hearing of motion for leave to intervene, 1998-05-15, Leave is granted to file a factum of 20 pages by May 22/98 and oral argument limited to 15 minutes (Joint with 25969), CJ | |
| 1998-05-15 | Submission of motion for leave to intervene, 1998-05-15, Leave is granted to file a factum of 20 pages by May 22/98 and oral argument limited to 15 minutes (Joint with 25969), CJ | |
| 1998-05-15 |
Decision on motion to adjourn the hearing of the appeal, to the Fall Sittings. Appeals are scheduled to be heard on June 26/98 (Joint with 25969), CJ Dismissed, no order as to costs |
|
| 1998-05-15 | Hearing of motion to adjourn the hearing of the appeal, 1998-05-15, to the Fall Sittings. Appeals are scheduled to be heard on June 26/98 (Joint with 25969), CJ | |
| 1998-05-15 | Submission of motion to adjourn the hearing of the appeal, 1998-05-15, to the Fall Sittings. Appeals are scheduled to be heard on June 26/98 (Joint with 25969), CJ | |
| 1998-05-15 | Order on motion to adjourn the hearing of the appeal, for Chief Justice's Order see file (Joint with 25969) | |
| 1998-05-14 | Correspondence (sent by the Court) to, (by fax) dated May 13/98 from Robert E. Houston, Q.C. re: it is the Crown's position that these appealsshould proceed on May 28/98 as scheduled | |
| 1998-05-14 | Affidavit, (of Gary T. Trotter)(joint with 25969), with service | Attorney General for Ontario |
| 1998-05-14 | Affidavit, for leave to intervene (of Gary T. Trotter)(joint with 25969), with service | Attorney General for Ontario |
| 1998-05-14 | $50.00 filing fee for notice of motion, for leave to intervene receipt #30559 | Attorney General for Ontario |
| 1998-05-14 | Motion to extend time, for leave to intervene (joint with 25969), with service, Completed on: 1998-05-14 | Attorney General for Ontario |
| 1998-05-14 | Motion for leave to intervene, (joint with 25969), with service, Completed on: 1998-05-14 | Attorney General for Ontario |
| 1998-05-13 | $50.00 filing fee for notice of motion, to adjourn receipt #30607 | Bert Thomas Stone |
| 1998-05-13 | Affidavit, to the Fall session (of David G. Butcher)(joint with 25969), with service | Bert Thomas Stone |
| 1998-05-13 | Motion to adjourn the hearing of the appeal, to the Fall session (joint with 25969), with service, Completed on: 1998-05-13 | Bert Thomas Stone |
| 1998-05-13 | Correspondence (sent by the Court) to, (by fax) from Gil McKinnon re: no objection to the intervention of A.G. of Canada but object an adjournment of the appeal | |
| 1998-05-07 | Motion to extend time, to file the motion to intervene (joint with 25969), with service, Completed on: 1998-05-07 | Attorney General of Canada |
| 1998-05-07 | Affidavit, of Robert Frater - 5 copies, with service | Attorney General of Canada |
| 1998-05-07 | Motion for leave to intervene, (joint with 25969), with service, Completed on: 1998-05-07 | Attorney General of Canada |
| 1998-04-29 | Appeal court record, (1 envelope) (joint with 25969) | |
| 1998-04-15 |
Appeal hearing scheduled, 1998-06-26 Decision reserved |
|
| 1998-03-30 | Correspondence (sent by the Court) to, from G. McKinnon to Karen Collins, letter dated March 27, 1998 (fax copy) re: require 1 hour for the conviction appeal and 1 hour for the sentence appeal (joint with 25969) | |
| 1998-03-27 |
Decision on motion to extend time, to file their factum to Mar. 24/98, Reg Granted, no order as to costs |
|
| 1998-03-27 | Hearing of motion to extend time, 1998-03-27, to file their factum to Mar. 24/98, Reg | |
| 1998-03-27 | Submission of motion to extend time, 1998-03-27, to file their factum to Mar. 24/98, Reg | |
| 1998-03-25 | Response to motion to extend time, to file the appellant's factum to March 24\98, Completed on: 1998-03-25 | Bert Thomas Stone |
| 1998-03-25 | $50.00 filing fee for notice of motion, receipt #30320 | Her Majesty the Queen |
| 1998-03-25 | Affidavit, to file the factum; Gil David McKinnon, Q.C., with service | Her Majesty the Queen |
| 1998-03-25 | Motion to extend time, to file the factum to March 24\98, with service, Completed on: 1998-03-25 | Her Majesty the Queen |
| 1998-03-24 | General proceeding, 24 copies of CASE ON APPEAL NO. 4 (joint with 25969) | Her Majesty the Queen |
| 1998-03-24 | Proof of service, of appellant's factum (admitted on March 20\98) | |
| 1998-03-24 | Book of authorities, 10 copies (SENTENCE APPEAL), Completed on: 1998-03-24 | Her Majesty the Queen |
| 1998-03-23 | Appellant's factum, 24 copies (EXTENSION OF TIME REQUESTED), Completed on: 1998-03-23 | Her Majesty the Queen |
| 1998-03-02 | Appeal perfected for hearing, Session beginning on 1998-04-27 | |
| 1998-02-23 | Correspondence (sent by the Court) to, from G. McKinnon, letter dated Feb. 23, 1998 (fax copy) re: would like to be heard with 25969 in Spring Session | |
| 1997-12-30 | Certified casebook, 1 copy of vols. 1 to 3 (joint with 25969) (see also VOLUME 4 filed on March 24/98), with service | Her Majesty the Queen |
| 1997-12-30 | Case on appeal, 23 copies of vols. 1 to 3 (joint with 25969) (see also VOLUME 4 filed on March 24/98), with service | Her Majesty the Queen |
| 1997-10-29 | Correspondence (sent by the Court) to, sent to Singleton Urquhart Macdonald (Vancouver, BC) enclosing copy of Rule 32 | |
| 1997-10-29 | Correspondence (sent by the Court) to, sent to A.G. of British Columbia (Vancouver, BC) enclosing copy of Rule 32 | |
| 1997-10-24 | Order granting leave to appeal | |
| 1997-10-23 | Notice of appeal, With service, Completed on: 1997-10-23 | Her Majesty the Queen |
| 1997-10-20 | Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON) | |
| 1997-10-20 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1997-10-16 |
Judgment of the Court on the application for leave to appeal, L'HD So Ia, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1997-10-14 | Correspondence received from, from R. Frater to Registrar, letter dated Oct. 10, 1997 (fax copy) re: the issues raised on this application are similar to those raised in 26210 (Q. v. Klassen) | Her Majesty the Queen |
| 1997-07-16 | Order on motion to extend time, to file respondent's response to July 14/97 | |
| 1997-07-16 |
Decision on motion to extend time, to file the respondent's response to July 14/97, Reg Granted, no order as to costs |
|
| 1997-07-16 | Hearing of motion to extend time, 1997-07-16, to file the respondent's response to July 14/97, Reg | |
| 1997-07-16 | Submission of motion to extend time, 1997-07-16, to file the respondent's response to July 14/97, Reg | |
| 1997-07-14 | Response to motion to extend time, to file the respondent"s response to July 14/97, Completed on: 1997-07-14 | Her Majesty the Queen |
| 1997-07-14 | Affidavit, to file the respondent"s response to July 14/97 (of David George Butcher) | Bert Thomas Stone |
| 1997-07-14 | $50.00 filing fee for a notice of motion, ton extend time receipt #34485 | Bert Thomas Stone |
| 1997-07-14 | Motion to extend time, to file the respondent"s response to July 14/97, Completed on: 1997-07-14 | Bert Thomas Stone |
| 1997-07-14 | Respondent's response on the application for leave to appeal, 5 copies, sent to L'HD, So, I, July 10/97, with service, Completed on: 1997-07-14 | Bert Thomas Stone |
| 1997-06-27 | All materials on application for leave submitted to the Judges, L'HD So Ia | |
| 1997-06-12 | General proceeding, phone call advising that the T.C. Order is not available; see indictment | Her Majesty the Queen |
| 1997-06-05 | Correspondence received from, sent to Gowling, Strathy & Henderson enclosing copy of letter dated June 5/97 sent to Applicant | |
| 1997-06-05 | Correspondence received from, sent to Burke-Robertson to acknowledge receipt of application for leave to appeal | |
| 1997-05-21 | $50.00 filing fee, receipt #34154 | Her Majesty the Queen |
| 1997-05-21 | Application for leave to appeal, 5 copies (missing T.C. Order), with service, Completed on: 1997-06-12 | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Stone, Bert Thomas | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General for Ontario | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Gil D. McKinnon, Q.C.
1900 - 1040 Georgia St W
Box 94
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 661-1022
FAX: (604) 689-5177
Box 94
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 661-1022
FAX: (604) 689-5177
Agent
V. Jennifer Mackinnon
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Stone, Bert Thomas
Counsel
David G. Butcher
Derek A. Brindle
Derek A. Brindle
Singleton Urquhart Scott
1200 - 1125 Howe St
Vancouver, British Columbia
V6Z 2K8
Telephone: (604) 682-7474
FAX: (604) 682-1283
1200 - 1125 Howe St
Vancouver, British Columbia
V6Z 2K8
Telephone: (604) 682-7474
FAX: (604) 682-1283
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
Party: Attorney General of Canada
Counsel
Graham R. Garton, Q.C.
Attorney General of Canada
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca
Party: Attorney General for Ontario
Counsel
Gary T. Trotter
Attorney General for Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4580
FAX: (416) 326-4656
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4580
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
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
October 7, 1995
Supreme Court of British Columbia
CA021423
Supreme Court of British Columbia
CA021423
conviction: manslaughter
March 25, 1997
Court of Appeal for British Columbia (Vancouver)
CA021337
Court of Appeal for British Columbia (Vancouver)
CA021337
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.
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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
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Date modified: 2025-05-13