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28282

David Lloyd Neil 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2002-12-03 Record returned to the Registrar of the Court of Appeal
2002-11-06 Appeal closed
2002-11-04 Judgment on appeal and notice of deposit of judgment sent to all parties
2002-11-01 Judgment on the appeal rendered, Ma Ba Bi Arb LeB, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 9803-0536-A, dated October 6, 2000, heard on January 25, 2002 is dismissed.
Dismissed
2002-02-05 Transcript received, and distributed to the judges (80 pages)
2002-01-25 Judgment reserved OR rendered with reasons to follow
2002-01-25 Hearing of the appeal, 2002-01-25, (V011), Ma Ba Bi Arb LeB
Judgment reserved
2002-01-25 Acknowledgement and consent for video taping of proceedings
2002-01-23 Appellant's condensed book David Lloyd Neil
2002-01-21 Notice of appearance David Lloyd Neil
2001-12-31 Order on miscellaneous motion
2001-12-17 Decision on miscellaneous motion, LeB, by the appellant for permission to file a supplementary record.
Granted, no order as to costs
2001-12-17 Submission of miscellaneous motion, LeB
2001-12-10 Appellant's record, (suppl. record - see order), Completed on: 2001-12-10 David Lloyd Neil
2001-12-10 Notice of miscellaneous motion, by the appellant for leave to file a supplementary record (5 copies), Completed on: 2001-12-14 David Lloyd Neil
2001-12-04 Appeal hearing scheduled, 2002-01-25
Judgment reserved
2001-11-30 Order on miscellaneous motion
2001-11-30 Decision on miscellaneous motion, Reg, for an order permitting the respondent to file a response to the appellant's supplemental record, factum and authorities to Nov. 20, 2001.
Granted, no order as to costs
2001-11-30 Submission of miscellaneous motion, Reg
2001-11-21 Notice of miscellaneous motion, (to file a response to the Appellant's suppl. record, factum and authorities - 2 copies, Completed on: 2001-11-21 Her Majesty the Queen
2001-11-20 Supplemental document, (response to the Appellant's suppl. factum, record and authorities) - motion requested Her Majesty the Queen
2001-11-14 Supplemental document, Supplement to Appellant's Factum, Record & Authorities (see order of Nov. 7/01) David Lloyd Neil
2001-11-08 Order on miscellaneous motion
2001-11-07 Decision on miscellaneous motion, L'HD, to supplement the appellant's record, factum and book of authorities.
Granted, no order as to costs
2001-11-07 Submission of miscellaneous motion, L'HD
2001-11-06 Correspondence received from, Gowlings (by fax) dated Nov. 6/01 Her Majesty the Queen
2001-11-05 Reply to miscellaneous motion, book form, Completed on: 2001-11-05 David Lloyd Neil
2001-10-31 Respondent's book of authorities, Completed on: 2001-10-31 Her Majesty the Queen
2001-10-31 Respondent's factum, Completed on: 2001-10-31 Her Majesty the Queen
2001-10-30 Response to miscellaneous motion, book form (proof of service received Oct. 31, 2001), Completed on: 2001-11-01 Her Majesty the Queen
2001-10-23 Notice of miscellaneous motion, (to add more documents into Part I of the Appellant's record, suppl. to the appellant's factum, authorities) - book form, Completed on: 2001-10-23 David Lloyd Neil
2001-10-04 Copy of formal judgment being prepared, on motion to quash the notice of appeal
2001-10-01 Decision on the motion to quash the appeal, CJ L'HD G Ia Ma Ba Bi Arb LeB, THE CHIEF JUSTICE (orally): The Court is all of the view that the motion to quash the notice of appeal must be dismissed.
Dismissed, no order as to costs
2001-10-01 Hearing of the motion to quash, 2001-10-01, (V072), CJ L'HD G Ia Ma Ba Bi Arb LeB
Decision rendered
2001-09-28 Appellant's condensed book, book of excerpts for oral argument on motion to Quash David Lloyd Neil
2001-09-24 Response to the motion to quash, 10 copies (sent to the judges on Sept 25, 2001), Completed on: 2001-09-25 David Lloyd Neil
2001-09-20 Appeal perfected for hearing, Session beginning on 2002-01-14
2001-09-10 Submission of motion to quash, 2001-10-01, CJ L'HD G Ia Ma Ba Bi Arb LeB
Decision rendered
2001-09-07 Correspondence received from, Gowlings dated Sept. 7/01 requesting to use video conference for Oct. 1/01 Her Majesty the Queen
2001-08-24 Appeal court record, (1 box - joint with trial court record)
2001-08-22 Motion to quash, to be heard on Oct. 1/01, Completed on: 2001-08-22 Her Majesty the Queen
2001-07-26 Appellant's book of authorities, Completed on: 2001-07-26 David Lloyd Neil
2001-07-26 Appellant's factum, Completed on: 2001-07-26 David Lloyd Neil
2001-07-26 Appellant's record, vol. I to VIII (1 copy of originals of judgments requested), Completed on: 2001-07-26 David Lloyd Neil
2001-06-27 Letter acknowledging receipt of notice of appeal
2001-06-20 Notice of appeal, (see Order dated June 12/01), Completed on: 2001-06-20 David Lloyd Neil
2001-06-12 Order on motion to appoint counsel, (by the Court)
2001-06-12 Decision on motion to extend time to serve and/or file notice of appeal, L'HD, (see decision on appointment of counsel)
Granted, no order as to costs
2001-06-12 Decision on motion to appoint counsel, L'HD, IT IS HEREBY ORDERED THAT:

1. Mr. Nathan Whitling of Parlee McLaws, Barristers and Solicitors, be assigned to act as counsel on behalf of the applicant with regard to all proceedings to be taken in this Court; and

2. That the fees and disbursements of the applicant shall be paid by the respondent, the Attorney General of Alberta, according to the legal aid tariff in Alberta;

3. The applicant shall serve and file his Notice of Appeal on or before June 20, 2001;

4. The applicant shall serve and file his factum, record and book of authorities on or before July 27, 2001.

Granted, no order as to costs
2001-06-12 Submission of motion to extend time to serve and/or file notice of appeal submitted, L'HD
2001-06-12 Submission of motion to appoint counsel, L'HD
2001-06-11 Reply to motion to extend time to serve and/or file notice of appeal, (joint with reply on motion to appoint counsel) (bookform), Completed on: 2001-06-11 David Lloyd Neil
2001-06-11 Reply to motion to appoint counsel, (joint with reply to extension of time) (bookform), Completed on: 2001-06-11 David Lloyd Neil
2001-06-06 Affidavit, of James Albert Bowron (bookform) on motion to extend time and to appoint counsel Her Majesty the Queen
2001-06-06 Response to motion to appoint counsel, (joint with response on extension of time)(bookform), Completed on: 2001-06-06 Her Majesty the Queen
2001-06-06 Response to motion to extend time to serve and/or file notice of appeal, (joint with response to motion to appoint counsel)(bookform), Completed on: 2001-06-06 Her Majesty the Queen
2001-05-17 Motion to appoint counsel, namely Mr. Nathan Whitling of Parlee McLaws (bookform), Completed on: 2001-05-17 David Lloyd Neil
2001-05-17 Motion to extend the time to serve and/or file the notice of appeal, to 5 business days from the date of Court's order (bookform) (joint with motion to appoint Counsel), Completed on: 2001-05-17 David Lloyd Neil
2001-02-26 Correspondence (sent by the Court) to, Mr. Neil with a sample of a motion to appoint counsel and the documents returned to the SCC on Jan. 9/01
2000-12-21 Correspondence (sent by the Court) to, Mr. Neil re: incomplete application, no memorandum of argument (returned to sender - received Jan. 9/01)
2000-12-20 Correspondence received from, Jim Bowron (by fax) dated Dec. 20/00 to confirm that there is no bublication ban in this matter Her Majesty the Queen
2000-11-29 Notice of application for leave to appeal David Lloyd Neil

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
Neil, David Lloyd Appellant Active

v.

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

Counsel

Party: Neil, David Lloyd

Counsel
Nathan J. Whitling
Matthew Milne Smith
Parlee McLaws
#1500, 10180 - 101 Street
Edmonton, Alberta
T5J 4K1
Telephone: (780) 423-8658
FAX: (780) 423-2870
Agent
Eugene Meehan, Q.C.
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca

Party: Her Majesty the Queen

Counsel
James A. Bowron
Attorney General of Alberta
Appeals Branch, Ciminal Justice Division,
3rd Floor, 9833 - 109 Street St.W.
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: jim.bowron@gov.ab.ca
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

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 10, 1997
Court of Queen’s Bench of Alberta


Jury returned verdict of guilty of one count of fraud, one count of fabrication of evidence and on count of obstruction of justice and convictions registered.

October 20, 1998
Court of Queen’s Bench of Alberta

9603 0497C0

Judicial stay entered.

October 6, 2000
Court of Appeal of Alberta (Edmonton)

9803-0536-A

Appeal allowed; stay of proceedings quashed and convictions entered at trial confirmed.

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: 2025-05-13