Case information
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26444
John Lauda v. Her Majesty the Queen
(Ontario) (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) |
|---|---|---|
| 1998-11-04 | Copy of formal judgment being prepared, all parties | |
| 1998-11-03 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto, Ontario) | |
| 1998-10-16 |
Judgment on the appeal rendered, Co McL Ia Ma Ba, Cory J. (orally for the Court): We are all of the view that on the facts of this case the appellant, a trespasser in the fields in question, had no reasonable expectations of privacy. The decisions of this Court in Edwards and Belnavis are applicable. It follows that it is not necessary to consider s.24(2) of the Charter. Nor do we find any merit in the alternative argument that there was a breach of s. 7 or 11(d) of the Charter . The appeal is therefore dismissed. Dismissed, no order as to costs |
|
| 1998-10-16 | Hearing of the appeal, 1998-10-16, Co McL Ia Ma Ba | |
| 1998-10-15 | General proceeding, (condensed book) | Her Majesty the Queen |
| 1998-09-29 | Notice of appearance, (Croft Michaelson and John North) | Her Majesty the Queen |
| 1998-09-03 | Appeal hearing scheduled, 1998-10-16 | |
| 1998-07-10 | Appeal perfected for hearing, Session beginning on 1998-10-05 | |
| 1998-07-10 | Book of authorities, 12 copies, with service, Completed on: 1998-07-10 | Her Majesty the Queen |
| 1998-07-08 | Respondent's factum, 24 copies, with service, Completed on: 1998-07-08 | Her Majesty the Queen |
| 1998-06-22 |
Decision on motion to extend time, to file their book of authorities to June 8/98, Reg Granted, no order as to costs |
|
| 1998-06-22 | Hearing of motion to extend time, 1998-06-22, to file their book of authorities to June 8/98, Reg | |
| 1998-06-22 | Submission of motion to extend time, 1998-06-22, to file their book of authorities to June 8/98, Reg | |
| 1998-06-17 | $50.00 filing fee for notice of motion, receipt #30772 (late filing of authorities) | John Lauda |
| 1998-06-16 | Response to motion to extend time, to file the books of authorities of the appellant ; 5 copies, Completed on: 1998-06-16 | Her Majesty the Queen |
| 1998-06-16 | Affidavit, to file the books of authorities; 5 copies; Jill Copeland, with service | John Lauda |
| 1998-06-16 | Motion to extend time, to file the books of authorities; 5 copies, with service, Completed on: 1998-06-16 | John Lauda |
| 1998-06-08 | Book of authorities, 12 copies of vol. I & II (extension of time requested), Completed on: 1998-06-08 | John Lauda |
| 1998-05-15 | Appellant's factum, 24 copies, with service, Completed on: 1998-05-15 | John Lauda |
| 1998-02-17 | Proof of service, 1 copy of Appellant's Record, with service | |
| 1998-02-16 | Appellant's record, 23 copies, Completed on: 1998-02-16 | John Lauda |
| 1998-02-04 | Correspondence (sent by the Court) to, sent to Ruby & Edwardh and A.G. of Canada re: Rule 32 | |
| 1998-01-14 | General proceeding, 1 copy for reasons for judgment | John Lauda |
| 1998-01-14 | $50.00 filing a notice of appeal, receipt no. 28444 | John Lauda |
| 1998-01-14 | Notice of appeal, Completed on: 1998-01-14 | John Lauda |
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 |
|---|---|---|
| Lauda, John | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Lauda, John
Counsel
J. Copeland
11 Prince Arthur Ave
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Agent
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Her Majesty the Queen
Counsel
3400 - First Canadian Place
PO Box 36
Toronto, Ontario
M5X 1A9
Telephone: (416) 973-0942
Agent
Department of Justice
284 Wellington St, 2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 957-8412
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 Appeal for Ontario
C25436
Appeal allowed
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