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27669

Daniel Matthew Nette v. Her Majesty the Queen

(British Columbia) (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)
2001-11-28 Appeal closed
2001-11-27 Formal judgment sent to the registrar of the court of appeal and all parties
2001-11-21 Copy of formal judgment being prepared
2001-11-16 Notice of deposit of judgment sent to all parties
2001-11-15 Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal is dismissed and the jury's verdict of second degree murder is upheld.

Dismissed
2001-03-29 Correspondence received from, Mr. Richard C.C. Peck, Q.C. (by fax) dated March 23/01 re: access to 3 exhibits found in the Appellant's Record Her Majesty the Queen
2001-01-23 Transcript received, and distributed to the justices (69 pages)
2001-01-16 Judgment reserved OR rendered with reasons to follow
2001-01-16 Hearing of the appeal, 2001-01-16, (V002), CJ L'HD G Ia Ma Ba Bi Arb LeB
Judgment reserved
2001-01-16 Book of authorities, (supplemental authorities in Q. v. P.L.S.)(given in Court), Completed on: 2001-01-16 Her Majesty the Queen
2001-01-16 Supplemental document, (replacement sheet of page 44 of the appellant's factum)(given in Court) Daniel Matthew Nette
2001-01-16 Acknowledgement and consent for video taping of proceedings
2001-01-11 Notice of appearance Daniel Matthew Nette
2001-01-08 Notice of hearing Daniel Matthew Nette
2001-01-08 Order on motion to extend time
2001-01-05 Notice of appearance, (Letter Form), from L. Cecchetto dated Jan. 5, 2001 (fax copy) Attorney General for Ontario
2001-01-03 Order on motion for leave to intervene, (15 minutes of oral argument granted by Bastarache J.)
2000-12-27 Decision on motion to extend time, DeRg, to serve & file the factum of the intervener A.G. - Ontario to Dec. 15, 2000.
Granted, no order as to costs
2000-12-27 Submission of motion to extend time, DeRg
2000-12-20 Book of authorities, Completed on: 2000-12-20 Attorney General for Ontario
2000-12-19 Response to motion to extend time, Completed on: 2000-12-19 Her Majesty the Queen
2000-12-19 Motion to extend time, to file the factum to Dec. 15, 2000 - 1 copy, Completed on: 2000-12-19 Attorney General for Ontario
2000-12-15 Intervener's factum, (extension of time requested), Completed on: 2000-12-15 Attorney General for Ontario
2000-12-01 Appeal hearing scheduled, 2001-01-16
Judgment reserved
2000-11-21 Order on motion to extend time
2000-11-10 Decision on motion to extend time, Reg, to serve and file the respondent's factum to Nov. 17, 2000.
Granted, no order as to costs
2000-11-09 Submission of motion to extend time, Reg
2000-11-08 Respondent's book of authorities, Vol. I & II, Completed on: 2000-11-08 Her Majesty the Queen
2000-11-08 Respondent's factum, Completed on: 2000-11-08 Her Majesty the Queen
2000-11-01 Order on motion for leave to intervene, (by the Court)
2000-11-01 Decision on the motion for leave to intervene, L'HD, by the ATTORNEY GENERAL OF ONTARIO. The factum is limited to 20 pages. The request to present oral argument is deferred to a rota judge following receipt and consideration of the written arguments of the parties and interveners (15 minutes granted by order of Bastarache J. dated Jan. 3/01). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention.
Granted, no order as to costs
2000-11-01 Submission of motion for leave to intervene, L'HD
2000-10-31 Appeal perfected for hearing, Session beginning on 2001-01-15
2000-10-24 Motion to extend time, to file the factum to Nov. 17, 2000 (fax copy), Completed on: 2000-10-24 Her Majesty the Queen
2000-09-06 Appellant's book of authorities, vol. I & II, Completed on: 2000-09-06 Daniel Matthew Nette
2000-09-05 Appellant's factum, Completed on: 2000-09-05 Daniel Matthew Nette
2000-07-27 Appellant's record, vol. I to IX, Completed on: 2000-07-27 Daniel Matthew Nette
2000-06-21 Motion for leave to intervene, 2 copies, Completed on: 2000-06-21 Attorney General for Ontario
2000-06-05 Letter acknowledging receipt of notice of appeal
2000-06-02 Notice of appeal, Completed on: 2000-06-02 Daniel Matthew Nette
2000-06-02 Order granting leave to appeal
2000-05-26 Notice of deposit of judgment issued to all parties
2000-05-25 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted.
Granted, no order as to costs
2000-03-27 All materials on application for leave submitted to the Judges, G Bi Arb
2000-01-26 Respondent's response on the application for leave to appeal, Completed on: 2000-01-26 Her Majesty the Queen
2000-01-13 Letter acknowledging receipt of a complete application for leave to appeal
1999-12-31 Application for leave to appeal, Completed on: 1999-12-31 Daniel Matthew Nette

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
Nette, Daniel Matthew Appellant Active

v.

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

Other parties

Other parties
Name Role Status
Attorney General for Ontario Intervener Active

Counsel

Party: Nette, Daniel Matthew

Counsel
Gil D. McKinnon, Q.C.
Keith R. Hamilton
Attorney General of British Columbia
1900 - 1040 West Georgia Street
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 661-1022
FAX: (604) 689-5177
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Her Majesty the Queen

Counsel
Richard C.C. Peck, Q.C.
Nikos Harris
Peck and Company
610 - 744 West Hastings Street
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Email: rpeck@peckandcompany.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Attorney General for Ontario

Counsel
Lucy Cecchetto
Attorney General for Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Agent
Robert E. Houston, Q.C.
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

March 6, 1998
Supreme Court of British Columbia

35939

guilty of second degree murder

December 13, 1999
Court of Appeal for British Columbia (Vancouver)

CA024634

Appeal against Conviction 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.

Downloadable PDFs

Not available

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

Not available

Webcasts

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Date modified: 2025-02-27