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26546

John Carlos Terceira v. Her Majesty the Queen

(Ontario) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2000-01-13 Appeal closed
2000-01-12 Formal judgment sent to the registrar of the court of appeal and all parties
2000-01-12 Copy of formal judgment being prepared
1999-12-20 Notice of deposit of judgment sent to all parties
1999-12-16 Judgment on the appeal rendered, G McL Ia Ma Ba Bi Arb, (See long.)
Dismissed, no order as to costs
1999-12-16 Hearing of the appeal, 1999-12-17, (V094), G McL Ia Ma Ba Bi Arb
Judgment rendered
1999-12-10 Notice of appearance, of Russell Silverstein and David M. Tanovitch at the hearing of the appeal John Carlos Terceira
1999-12-10 General proceeding, to note an amended page 2 of the appellant's factum re: section 691(1)(b) of the Criminal Code John Carlos Terceira
1999-12-08 Notice of appearance, of Shawn Porter at the hearing of the appeal Her Majesty the Queen
1999-09-23 Notice of hearing John Carlos Terceira
1999-09-20 Appeal hearing scheduled, 1999-12-17
Judgment rendered
1999-06-04 Decision on motion to extend time, Reg, to serve & file the respondent's record and factum to May 28/99 and its book of authorities to June 3/99.
Granted, no order as to costs
1999-06-04 Submission of motion to extend time, Reg
1999-06-03 Response to motion to extend time, (Letter Form), Completed on: 1999-06-03 John Carlos Terceira
1999-06-03 Motion to extend time, (Letter Form), to serve and file their Factum and Record to May 28/99 and their Authorities to June 3/99, Completed on: 1999-06-03 Her Majesty the Queen
1999-06-03 Respondent's book of authorities, Completed on: 1999-06-03 Her Majesty the Queen
1999-05-28 Respondent's record, (extension of time requested), Completed on: 1999-05-28 Her Majesty the Queen
1999-05-28 Respondent's factum, (extension of time requested), Completed on: 1999-05-28 Her Majesty the Queen
1999-04-21 Appeal perfected for hearing, Session beginning on 1999-10-04
1999-03-26 Order on motion to extend time, to file the appellant's factum to Feb. 24; to file the appellant's record to March 12; to file the appellant's book of authorities to March 22
1999-03-26 Decision on motion to extend time, Reg, to file the appellant's factum to Feb. 24; to file the appellant's record to March 12; to file the appellant's book of authorities to March 22
Granted, no order as to costs
1999-03-26 Submission of motion to extend time, Reg
1999-03-23 Response to motion to extend time, (fax copy), Completed on: 1999-03-23 Her Majesty the Queen
1999-03-23 Motion to extend time, to file the appellant's factum to Feb. 24, 1999, appellant's record to March 12 and appellant's authorities to March 22, 1999, Completed on: 1999-03-23 John Carlos Terceira
1999-03-22 Appellant's book of authorities, (extension of time requested), Completed on: 1999-03-22 John Carlos Terceira
1999-03-12 Appellant's record, (service and signature of counsel missing)(served on March 12, 1999 - book form), Completed on: 1999-03-29 John Carlos Terceira
1999-02-24 Appellant's factum, (extension of time requested), Completed on: 1999-02-25 John Carlos Terceira
1998-11-10 Letter acknowledging receipt of notice of appeal, sent to Pinkofsky Lockyer and A.G. for ON
1998-10-21 Order granting leave to appeal
1998-10-16 Notice of deposit of judgment issued to all parties, all parties
1998-10-09 Notice of appeal, With service (AMENDED notice of appeal re: section 691(1)(b) filed on Dec.10/99), Completed on: 1998-10-09 John Carlos Terceira
1998-10-08 Judgment of the Court on the application for leave to appeal, CJ McL Ia, The application for leave to appeal is granted.
Granted, no order as to costs
1998-06-29 All materials on application for leave submitted to the Judges, CJ McL Ia
1998-05-29 Respondent's response on the application for leave to appeal, 5 copies (see order of April 24/98), with service, Completed on: 1998-05-29 Her Majesty the Queen
1998-04-29 Order on motion to extend time, to file their response
1998-04-24 Decision on motion to extend time, to file their response to May 29/98, Reg
Granted, no order as to costs
1998-04-24 Hearing of motion to extend time, 1998-04-24, to file their response to May 29/98, Reg
1998-04-24 Submission of motion to extend time, 1998-04-24, to file their response to May 29/98, Reg
1998-04-22 Response to motion to extend time, to file the respondent's response to May 29, 1998 (J. Lockyer), Completed on: 1998-04-22 John Carlos Terceira
1998-04-22 Affidavit, to file the respondent's response to May 29, 1998 (Carol A. Brewer), with service Her Majesty the Queen
1998-04-22 $50.00 filing fee for a notice of motion, receipt no. 30478 Her Majesty the Queen
1998-04-22 Motion to extend time, to file the respondent's response to May 29, 1998, with service, Completed on: 1998-04-22 Her Majesty the Queen
1998-04-07 Correspondence received from, sent to Gowling, Strathy & Henderson and Burke- Robertson re: receipt of material commencing a proceeding together with filing fee
1998-03-27 $50.00 filing fee, receipt #30332 John Carlos Terceira
1998-03-27 Application for leave to appeal, 5 copies, with service, Completed on: 1998-03-27 John Carlos Terceira

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

Main parties - Appellants
Name Role Status
Terceira, John Carlos Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Counsel

Party: Terceira, John Carlos

Counsel
Names
Russell Silverstein
David M. Tanovich
Contact information
Pinkofsky Lockyer & Kwinter
438 University Ave
19th Floor
Toronto, Ontario
M5G 2K8
Telephone: (416) 598-1811
FAX: (416) 598-3384
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur Henderson
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
Name
Shawn Porter
Contact information
Attorney General for Ontario
720 Bay St
10th Fl
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4623
FAX: (416) 326-4656
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Summary

Keywords

None.

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

February 4, 1993
Ontario Court of Justice (General Division)

C14472

Conviction: first degree murder

February 9, 1998
Court of Appeal for Ontario

C15459

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

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

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

Webcasts

Not available.

Date modified: 2025-05-13