Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
28546
Howard Burke 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) |
|---|---|---|
| 2002-11-04 | Record returned to the Registrar of the Court of Appeal | |
| 2002-08-09 | Appeal closed | |
| 2002-08-07 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2002-07-05 | Copy of formal judgment being prepared | |
| 2002-06-24 | Notice of deposit of judgment sent to all parties | |
| 2002-06-21 |
Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal is allowed and a new trial is ordered, the Chief Justice, L'Heureux-Dubé, Gonthier and Bastarache JJ. dissenting. Allowed |
|
| 2002-03-21 | Transcript received, and distributed to the judges (101 pages) | |
| 2002-03-12 | Judgment reserved OR rendered with reasons to follow | |
| 2002-03-12 |
Hearing of the appeal, 2002-03-12, (V022), CJ L'HD G Ia Ma Ba Bi Arb LeB Judgment reserved |
|
| 2002-03-12 | Acknowledgement and consent for video taping of proceedings | |
| 2002-01-22 |
Decision on motion to extend time, Reg, to serve and file the respondent's book of authorities to Jan. 7, 2002. Granted |
|
| 2002-01-22 | Submission of motion to extend time, Reg | |
| 2002-01-18 | Response to motion to extend time, (Letter Form), from D. Tanovich dated Jan. 18, 2002 (fax copy), Completed on: 2002-01-18 | Howard Burke |
| 2002-01-17 | Motion to extend time, to file the authorities to Jan. 7, 2002, Completed on: 2002-01-17 | Her Majesty the Queen |
| 2002-01-07 | Respondent's book of authorities, (extension of time requested), Completed on: 2002-01-07 | Her Majesty the Queen |
| 2001-12-14 | Respondent's record, (certificate of counsel filed Jan. 4/02), Completed on: 2002-01-04 | Her Majesty the Queen |
| 2001-12-14 | Respondent's factum, Completed on: 2001-12-14 | Her Majesty the Queen |
| 2001-12-13 | Notice of hearing | Howard Burke |
| 2001-12-04 |
Appeal hearing scheduled, 2002-03-12 Judgment reserved |
|
| 2001-11-30 | Appeal perfected for hearing, Session beginning on 2002-01-14 | |
| 2001-10-19 | Appellant's book of authorities, Completed on: 2001-10-19 | Howard Burke |
| 2001-10-19 | Appellant's factum, (see order), Completed on: 2001-10-19 | Howard Burke |
| 2001-06-08 | Appeal court record, joint with Trial Court Record (1 box) | |
| 2001-06-08 | Order on motion to extend time | |
| 2001-06-08 |
Decision on motion to extend time, Reg, to serve and file the appellant's factum and book of authorities to Oct. 19, 2001. Granted, no order as to costs |
|
| 2001-06-08 | Submission of motion to extend time, Reg | |
| 2001-06-05 | Appellant's record, Vol. I & II, Completed on: 2001-06-05 | Howard Burke |
| 2001-06-05 | Response to motion to extend time, Completed on: 2001-06-05 | Her Majesty the Queen |
| 2001-06-05 | Motion to extend time, to file the factum and authorities to Oct. 19, 2001 - 1 copy, Completed on: 2001-06-05 | Howard Burke |
| 2001-05-09 | Correspondence received from, Gowlings dated May 8/01 (by fax) re: no publication ban | Howard Burke |
| 2001-05-03 | Letter acknowledging receipt of notice of appeal | |
| 2001-04-09 | Notice of appeal, (Reasons missing - rec'd May 7/01), Completed on: 2001-04-09 | Howard Burke |
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 |
|---|---|---|
| Burke, Howard | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Burke, Howard
Counsel
481 University Avenue
Suite 510
Toronto, Ontario
M5G 2E9
Telephone: (416) 598-1811
FAX: (416) 598-3384
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Her Majesty the Queen
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4583
FAX: (416) 326-4656
Agent
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
Ontario Court of Justice (General Division)
Acquittal of one count of attempted murder delivered by jury and recorded on Indictment
Ontario Court of Justice (General Division)
5698/96
Verdict of guilty of one count of attempted murder recorded
Court of Appeal for Ontario
C31683
Appeal 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
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Related links
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