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.
29001
Her Majesty the Queen v. Alexander Wayne Harvey
(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) |
|---|---|---|
| 2002-12-24 | Appeal closed | |
| 2002-12-12 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2002-12-11 | Acknowledgement and consent for video taping of proceedings | |
| 2002-12-11 |
Judgment on the appeal rendered, Ia Ma Bi Arb De, The appeal from the judgment of the Court of Appeal for Ontario, Numbers C33286 and C33296, dated December 3, 2001 was heard this day and the following judgment was rendered: Iacubocci J. (orally): Mr. Norris, it will not be necessary to hear from you. The Court is ready to pronounce judgment. This is an appeal as of right. We are all of the view that, for substantially the reasons of Doherty J.A. in the Ontario Court of Appeal, the trial judge did not err in finding the similar fact evidence inadmissible. Accordingly, the appeal is dismissed. Dismissed |
|
| 2002-12-11 |
Hearing of the appeal, 2002-12-11, (V084), Ia Ma Bi Arb De Judgment rendered |
|
| 2002-12-10 | Appellant's condensed book, 14 copies | Her Majesty the Queen |
| 2002-12-09 | Supplemental document | Alexander Wayne Harvey |
| 2002-12-06 | Notice of appearance, (Letter Form), from John Norris, dated Dec. 11, by fax. | Alexander Wayne Harvey |
| 2002-09-23 | Correspondence received from, C. Webb to R. Houston dated Sept. 23, 2002 (fax copy) re: has been re-assigned as counsel for the Appellant | Her Majesty the Queen |
| 2002-09-09 |
Appeal hearing scheduled, 2002-12-11 Judgment rendered |
|
| 2002-08-20 | Notice of hearing | Her Majesty the Queen |
| 2002-06-27 | Order on motion to file a reply factum on appeal | |
| 2002-06-27 |
Decision on the motion to file a reply factum on appeal, Bi, by the appellant of 6 pages and a book of authorities. Granted |
|
| 2002-06-27 | Submission of motion to file a reply factum on appeal, Bi | |
| 2002-06-17 | Appellant's book of authorities, re: Reply Factum (see decision of June 27/02), Completed on: 2002-06-17 | Her Majesty the Queen |
| 2002-06-17 | Reply factum on appeal, (See decision of June 27/02), Completed on: 2002-06-17 | Her Majesty the Queen |
| 2002-06-17 | Motion to file a reply factum on appeal, (to file a reply and authorities), Completed on: 2002-06-17 | Her Majesty the Queen |
| 2002-06-10 |
Decision on motion to extend time, Reg, to serve and file the respondent's factum, record and book of authorities to May 27, 2002. Granted |
|
| 2002-06-10 | Submission of motion to extend time, Reg | |
| 2002-05-27 | Motion to extend time, to file the factum, record and authorities to May 27, 2002 - 2 copies, Completed on: 2002-06-03 | Alexander Wayne Harvey |
| 2002-05-27 | Respondent's record, (new covers requested - wrong color)(returned for corrections on May 30, 2002 - back June 4/02), Completed on: 2002-06-06 | Alexander Wayne Harvey |
| 2002-05-27 | Respondent's book of authorities, Completed on: 2002-05-27 | Alexander Wayne Harvey |
| 2002-05-27 | Respondent's factum, 26 copies, Completed on: 2002-05-27 | Alexander Wayne Harvey |
| 2002-04-23 | Appeal perfected for hearing, Session beginning on 2002-09-30 | |
| 2002-03-28 | Order on miscellaneous motion | |
| 2002-03-19 |
Decision on miscellaneous motion, Reg, to accept the appellant's factum as filed notwithstanding the omission of marginal numbering. Granted |
|
| 2002-03-19 | Submission of miscellaneous motion, Reg | |
| 2002-03-14 | Response to miscellaneous motion, (Letter Form), letter (by fax) from John Norris dated March 14/02, Completed on: 2002-03-14 | Alexander Wayne Harvey |
| 2002-03-12 | Notice of miscellaneous motion, to accept the Factum without marginal line numbering, Completed on: 2002-03-12 | Her Majesty the Queen |
| 2002-02-26 | Appellant's book of authorities, Completed on: 2002-02-26 | Her Majesty the Queen |
| 2002-02-26 | Appellant's record, (formal order of C.A. received on July 16, 2002, VIA Ottawa agent - sent to the judges on July 16, 2002), Completed on: 2002-02-26 | Her Majesty the Queen |
| 2002-02-26 | Appellant's factum, (no marginal line numbering - motion requested), Completed on: 2002-03-12 | Her Majesty the Queen |
| 2002-02-04 | Correspondence received from, J. Norris addressed to H. Leibovich dated Feb. 1, 2002 (fax copy) re: may file a application to quash (waiting for Legal Aid) | Alexander Wayne Harvey |
| 2002-01-14 | Correspondence (sent by the Court) to, to all parties; re: Filing timetable / Tentative hearing date | |
| 2002-01-11 | Correspondence received from, Burke-Robertson dated Jan. 11, 2002 (fax copy) re: there is a publication ban protecting the name of the complainant | Her Majesty the Queen |
| 2001-12-18 | Notice of appeal, (amended notice received Dec. 21, 2001 - service requested) - reasons for judgment received Jan. 15, 2002, Incomplete | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Harvey, Alexander Wayne | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4614
FAX: (416) 326-4656
Email: christopher.webb@ontario.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Harvey, Alexander Wayne
Counsel
11 Prince Arthur Ave
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: john@ruby-edwardh.com
Agent
800 - 200 Elgin Street
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Summary
Keywords
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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
Conviction: sexual assault
Ontario Court of Justice
see file
Court of Appeal for Ontario
C33286, C33296
Appeal allowed, conviction quashed and acquittal entered on charge of sexual assault
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
Related links
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
Related links
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