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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.


29034

Derrick Gordon Allen v. Her Majesty the Queen

(Newfoundland & Labrador) (Criminal) (As of Right / 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)
2003-04-23 Record returned to the Registrar of the Court of Appeal
2003-04-04 Appeal closed
2003-03-24 Judgment on appeal and notice of deposit of judgment sent to all parties
2003-03-21 Acknowledgement and consent for video taping of proceedings
2003-03-21 Judgment on the appeal rendered, Ia Ma Bi Arb LeB, The appeal from the judgment of the Court of Appeal of Newfoundland and Labrador, Number 00/57, dated January 15, 2002, was heard this day and the following judgment was rendered: Iacobucci J. (orally) --
... Accordingly, we would allow the appeal, set aside the judgment of the Newfoundland and Labrador Court of Appeal, and set aside the conviction and order a new trial.
(See file for complete judgment)
Allowed
2003-03-21 Hearing of the appeal, 2003-03-21, (V041), Ia Ma Bi Arb LeB
2003-02-24 Notice of appearance Her Majesty the Queen
2003-02-12 Supplemental document, (Respondent's Authorities - Leave to Appeal granted Nov. 14./02) Her Majesty the Queen
2003-02-12 Supplemental factum, (Leave to Appeal granted Nov. 14/02) Her Majesty the Queen
2002-12-30 Supplemental document, (Appellant's Authorities - Leave to Appeal granted / Autorités de l'appelant - demande d'autorisation d'appel accordée 11-14-02) Derrick Gordon Allen
2002-12-30 Supplemental document, (Appellant's Record - Leave to Appeal granted / Dossier de l'appelant - demande d'autorisation d'appel accordée 11-14-02) Derrick Gordon Allen
2002-12-30 Supplemental factum, (Leave to Appeal granted / demande d'autorisation d'appel accordée 11-14-02) Derrick Gordon Allen
2002-12-23 Appeal hearing scheduled, 2003-03-21
2002-11-20 Notice of appeal, Completed on: 2002-11-20 Derrick Gordon Allen
2002-11-19 Appeal removed from the list, of fall session
2002-11-15 Judgment on leave sent to the parties
2002-11-14 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Newfoundland & Labrador, Number 00/57, dated January 15, 2002, is granted.
Granted
2002-07-29 Appeal perfected for hearing, Session beginning on 2003-01-13, (previously inscribed for the Fall session)
2002-07-02 All materials on application for leave submitted to the Judges, G Ma LeB
2002-06-28 Respondent's book of authorities, Completed on: 2002-06-28 Her Majesty the Queen
2002-06-28 Respondent's factum, Completed on: 2002-06-28 Her Majesty the Queen
2002-05-16 Appellant's record, vol. 1 to 4, Completed on: 2002-05-16 Derrick Gordon Allen
2002-05-16 Appellant's book of authorities, Completed on: 2002-05-16 Derrick Gordon Allen
2002-05-16 Appellant's factum, Completed on: 2002-05-16 Derrick Gordon Allen
2002-04-30 Appeal court record, (1 box)(suppl. received May 2, 2002 - 1 folder)
2002-03-27 Letter acknowledging receipt of a complete application for leave to appeal
2002-03-26 Correspondence received from, Counsel Hogan, dated March 26, 2002 advising that there is no trial court order or judgment and forwarding the formal order of the Court of Appeal (fax copy) (original received April 2, 2002) Derrick Gordon Allen
2002-03-20 Respondent's response on the application for leave to appeal, (p. 4 missing - rec'd March 22/02 with service), Completed on: 2002-03-20 Her Majesty the Queen
2002-03-04 Application for leave to appeal, (court of appeal order rec'd by fax March 26 2002; originals rec'd April 2 2002), Completed on: 2002-03-26 Derrick Gordon Allen
2002-02-13 Correspondence (sent by the Court) to, all parties; re: Filing timetable / Tentative hearing date
2002-01-23 Notice of appeal, (reasons included), Completed on: 2002-01-23 Derrick Gordon Allen

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
Allen, Derrick Gordon Appellant Active

v.

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

Counsel

Party: Allen, Derrick Gordon

Counsel
Name
Derek Hogan
Contact information
2 Steers Cove, Cormack Building
P.O. Box 399, Station "C"
St. John's, Newfoundland & Labrador
A1C 5J9
Telephone: (709) 753-7860
FAX: (709) 753-6226
Agent
Name
Harold Geller
Contact information
Milton, Geller
700 - 225 Metcalfe St.
Ottawa, Ontario
K2P 1P9
Telephone: (613) 567-7824
FAX: (613) 567-4689
Email: hgeller@miltongeller.com

Party: Her Majesty the Queen

Counsel
Name
Pamela Goulding
Contact information
Attorney General of Newfoundland and Labrador
4th Floor, Atlantic Place
215 Water Street
St. John's, Newfoundland & Labrador
A1C 6C9
Telephone: (709) 729-5022
FAX: (709) 729-1135
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 17, 1999
Supreme Court of Newfoundland and Labrador, Court of Appeal

1998 St.J. No.3802

Appellant's application for trial before judge without a jury dismissed

May 13, 2000
Supreme Court of Newfoundland and Labrador, Court of Appeal

1998 St.J. No.3802

Appellant convicted by judge and jury of second degree murder

January 15, 2002
Supreme Court of Newfoundland and Labrador - Court of Appeal

00/57

Appeal 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