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28367

Thomas Robert Zinck v. Her Majesty the Queen

(New Brunswick) (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)
2003-04-03 Record returned to the Registrar of the Court of Appeal
2003-02-21 Judgment on appeal and notice of deposit of judgment sent to all parties
2003-02-20 Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal of New Brunswick, Number 4/98/CA, dated February 22, 1999, heard on October 7, 2002 is dismissed.
Dismissed
2002-10-15 Transcript received, (30 pages)
2002-10-07 Judgment reserved OR rendered with reasons to follow
2002-10-07 Hearing of the appeal, 2002-10-07, (V055), CJ G Ia Ma Ba Bi Arb LeB De
Judgment reserved
2002-10-07 Acknowledgement and consent for video taping of proceedings
2002-10-02 Order on miscellaneous motion, (by the Deputy Registrar)
2002-10-02 Decision on miscellaneous motion, DeRg,
UPON APPLICATION by counsel for the appellant for an order removing J. Paul Dubé and the firm of Dubé & Associates as counsel of record for the appellant Thomas Robert Zinck;

AND HAVING READ the material and the notice of change of counsel filed;

IT IS HEREBY ORDERED THAT:

The application is granted removing J. Paul Dubé and the firm of Dubé & Associates as counsel of record for the appellant Thomas Robert Zinck.

Granted
2002-10-02 Submission of miscellaneous motion, DeRg
2002-10-02 Correspondence received from, (by fax) E.J. Doiron; re: legal aid has appointed him to represent Mr. Zinck and that he will be arguing the appeal on Oct. 7 (sent to the judges Oct. 2/02) Thomas Robert Zinck
2002-09-23 Correspondence received from, Mr. Zinck dated Sept. 16; re: enclosed letter from legal aid Thomas Robert Zinck
2002-09-20 Correspondence received from, Henry S. Brown, Q.C. dated Sept. 17/02 to Mr. Zinck re: removal of counsel Her Majesty the Queen
2002-09-16 Notice of miscellaneous motion, (for an order removing J.P. Dubé as counsel of record), Completed on: 2002-09-16 Her Majesty the Queen
2002-09-09 Appeal hearing scheduled, 2002-10-07
Judgment reserved
2002-07-30 Order on motion for leave to intervene, (15 MINUTES GRANTED BY MAJOR J.)
2002-06-03 Correspondence received from, J.P. Dubé dated June 3/02 (by fax) re: advising transfer of file to solicitor Steven Doucet (Notice of Change of Solicitor requested)(original received June 7, 2002) Thomas Robert Zinck
2002-04-23 Correspondence received from, T. Zinck dated April 16, 2002 (hand writing) re: contents of the factum prepare by his lawyer, J. P. Dubé Thomas Robert Zinck
2002-03-28 Intervener's factum, Completed on: 2002-03-28 Attorney General for Ontario
2002-03-07 Appeal perfected for hearing, Session beginning on 2002-09-30
2002-02-28 Respondent's book of authorities, Completed on: 2002-02-28 Her Majesty the Queen
2002-02-28 Respondent's record, Completed on: 2002-02-28 Her Majesty the Queen
2002-02-28 Respondent's factum, Completed on: 2002-02-28 Her Majesty the Queen
2002-01-10 Appellant's book of authorities, Completed on: 2002-01-10 Thomas Robert Zinck
2002-01-10 Appellant's record, Completed on: 2002-01-10 Thomas Robert Zinck
2002-01-10 Appellant's factum, Completed on: 2002-01-10 Thomas Robert Zinck
2002-01-10 Order on motion for leave to intervene, (by the Judge)
2002-01-10 Decision on the motion for leave to intervene, Ma, by the ATTORNEY GENERAL OF ONTARIO. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES GRANTED JULY 30, 2002). 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
2002-01-10 Submission of motion for leave to intervene, Ma
2001-11-26 Motion for leave to intervene, (book form), Completed on: 2001-11-26 Attorney General for Ontario
2001-10-29 Correspondence received from, J. P. Dubé dated Oct. 29, 2001 (fax copy) re: enclosing a copy of the Legal Aid Certificate; also, informs the Court that he is the counsel for the Appellant (original received Nov. 1, 2001) Thomas Robert Zinck
2001-10-24 Appeal court record, (1 env.)
2001-10-18 Correspondence received from, T. Zinck dated October 9, 2001 re: appealing of sentence (fax a copy to Paul Dubé) Thomas Robert Zinck
2001-10-02 Letter acknowledging receipt of notice of appeal
2001-09-28 Notice of appeal, Completed on: 2001-09-28 Thomas Robert Zinck
2001-09-12 Correspondence (sent by the Court) to, all parties; tentative hearing date
2001-09-07 Notice of deposit of judgment issued to all parties
2001-09-06 Judgment of the Court on the application for leave to appeal
Granted, no order as to costs
2001-09-06 Decision on motion to extend time to file and /or serve the leave application
Granted, no order as to costs
2001-06-18 Submission of motion to appoint counsel, L'HD Arb LeB
2001-06-18 All materials on application for leave submitted to the Judges, L'HD Arb LeB
2001-06-18 Submission of motion to extend time to file and/ or serve the leave application, L'HD Arb LeB
2001-06-12 Supplemental document, (Letter Form), Response to the Applicant's amended application, letter from Henry S. Brown, Q.C. dated June 11/01 Her Majesty the Queen
2001-06-01 Motion to appoint counsel, (J. P. Dubé) (included in leave application), Completed on: 2001-06-01 Thomas Robert Zinck
2001-06-01 Application for leave to appeal, AMENDED, Completed on: 2001-06-01 Thomas Robert Zinck
2001-06-01 Motion to extend the time to file and or serve the application for leave to appeal, to June 1st/01 (bookform), Completed on: 2001-06-01 Thomas Robert Zinck
2001-05-03 Supplemental document, (transcript of sentencing) Her Majesty the Queen
2001-05-03 Respondent's response on the application for leave to appeal, (also, responding to the extension of time, but motion has not been filed yet), Completed on: 2001-05-03 Her Majesty the Queen
2001-04-30 Letter acknowledging receipt of an incomplete application for leave to appeal
2001-04-05 Application for leave to appeal, (extension of time requested)(Q.B. judgment & order missing)(see AMENDED application filed June 1/01), Completed on: 2001-06-04 Thomas Robert Zinck
2001-01-23 Correspondence received from, H. Brown dated Jan. 23, 2001 re: no appeal as of right (Mr. Brown has been advised that the appellant has withdrew his motion) Her Majesty the Queen
2001-01-15 Motion to extend the time to serve and/or file the notice of appeal, to Feb. 28, 2001 (not applicable)(no appeal as of right on sentence appeal, under the provisions of Criminal Code) (Mr. Dubé has advised that he will withdraw the motion and will be filing an application for leave to appeal), Completed on: 2001-01-15 Thomas Robert Zinck

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
Zinck, Thomas Robert 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: Zinck, Thomas Robert

Counsel
Name
Eric J. Doiron
Contact information
Eric J. Doiron
P.O. Box 215
Moncton, New Brunswick
E1C 8K9
Telephone: (506) 857-8881
FAX: (506) 857-9719
Agent
Name
David B. Debenham
Contact information
BrazeauSeller, LLP
750 - 55 Metcalfe St
Ottawa, Ontario
K1P 6L5
Telephone: (613) 237-4000
FAX: (613) 237-4001
Email: Ddebenham@BrazeauSeller.com

Party: Her Majesty the Queen

Counsel
Names
Michel O. LeBlanc
Luc J. LaBonté
Contact information
Attorney General of New Brunswick
Crown Prosecutor's Office
PO Box 5001, LCD 1
Moncton, New Brunswick
E1C 8R3
Telephone: (506) 856-2310
FAX: (506) 856-2625
Agent
Name
Henry S. Brown, Q.C.
Contact information
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: Attorney General for Ontario

Counsel
Name
David Finley
Contact information
Attorney General of Ontario
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4587
FAX: (416) 326-4656
Email: david.finley@ontario.ca
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

December 22, 1997
Court of Queen’s Bench of New Brunswick

M/M/116/97

The Appellant pleaded guilty to manslaughter and was sentenced to 12 years' imprisonment; parole was delayed under s. 743.6(1) of the Criminal Code.

February 22, 1999
Court of Appeal of New Brunswick

4/98/CA

Appeal dismissed; Appeal against sentence 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