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.
29053
Her Majesty the Queen v. Yu Wu
(Ontario) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2004-06-09 | Record returned to the Registrar of the Court of Appeal | |
| 2004-01-14 | Appeal closed | |
| 2003-12-30 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-12-18 |
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 Ontario, Number C35987, dated December 12, 2001, heard on June 4, 2003 is allowed with costs in this Court to the respondent, and a stay is entered against any further collection procedures, Deschamps J. dissenting. Allowed, with costs |
|
| 2003-11-27 | Correspondence received from, Peter DeFreitas dated 11/13/03 re: Quebec Court of Appeal judgment in R. v. Deng with consent of the respondent (sent to the Court 11/28/03) | Her Majesty the Queen |
| 2003-11-27 | Supplemental document, copy of a Quebec Court of Appeal judgment in R. V. Deng (sent to the Court 11/27/03) | Her Majesty the Queen |
| 2003-06-11 | Transcript received, (66 pages) | |
| 2003-06-04 | Judgment reserved OR rendered with reasons to follow | |
| 2003-06-04 |
Hearing of the appeal, 2003-06-04, (V052), CJ G Ia Ma Ba Bi Arb LeB De Judgment reserved |
|
| 2003-06-04 | Appellant's condensed book, (filed in Court) | Her Majesty the Queen |
| 2003-06-04 | Acknowledgement and consent for video taping of proceedings, (by all parties) | |
| 2003-06-02 | General proceeding, copy of the warrant of committal (form 21 of CC) | Her Majesty the Queen |
| 2003-05-30 | Notice of appearance, for the Intervener | Charter Committee on Poverty Issues ("CCPI") |
| 2003-05-29 | Notice of appearance, for the Respondent | Yu Wu |
| 2003-05-29 |
Order by, Ma, UPON APPLICATION by the Charter Committee on Poverty Issues for leave to intervene in the above appeal and pursuant to the order of May 8, 2003; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes in total at the hearing of the appeal. Granted |
|
| 2003-05-26 | Book of authorities, Vol. I & II, Completed on: 2003-05-26 | Charter Committee on Poverty Issues ("CCPI") |
| 2003-05-26 | Intervener's factum, Completed on: 2003-05-26 | Charter Committee on Poverty Issues ("CCPI") |
| 2003-05-15 | Notice of appearance, of Her Majesty the Queen | Her Majesty the Queen |
| 2003-05-08 | Order on motion for leave to intervene | |
| 2003-05-08 |
Decision on the motion for leave to intervene, Ma, The motion for an extension of time and for leave to intervene of the applicant Charter Committee on Poverty Issues are granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the intervention. Granted |
|
| 2003-05-07 | Submission of motion for leave to intervene, Ma | |
| 2003-05-07 | Response to the motion for leave to intervene, (Letter Form), from L. Greenspon dated May 6, 2003 (fax copy), Completed on: 2003-05-07 | Yu Wu |
| 2003-05-07 | Response to the motion for leave to intervene, (Letter Form), from P. DeFreitas dated May 6, 2003 (fax copy), Completed on: 2003-05-07 | Her Majesty the Queen |
| 2003-05-02 | Respondent's book of authorities, Completed on: 2003-05-02 | Yu Wu |
| 2003-05-02 | Respondent's record, Completed on: 2003-05-02 | Yu Wu |
| 2003-05-02 | Respondent's factum, (see order), Completed on: 2003-05-02 | Yu Wu |
| 2003-05-01 | Motion to extend time, to file the motion to intervene to May 1, 2003) (joint), Completed on: 2003-05-01 | Charter Committee on Poverty Issues ("CCPI") |
| 2003-05-01 | Motion for leave to intervene, (extension included), Completed on: 2003-05-01 | Charter Committee on Poverty Issues ("CCPI") |
| 2003-04-28 |
Decision on motion to extend time, to serve and file the respondent's factum to May 2/03, Reg Granted |
|
| 2003-04-28 | Submission of motion to extend time, Reg | |
| 2003-04-24 | Appeal court record, (1 padded envelope) | |
| 2003-04-17 | Response to motion to extend time, (included in the motion), Completed on: 2003-04-17 | Her Majesty the Queen |
| 2003-04-17 | Motion to extend time, to file respondent's material to May 2, 2003 (book form), Completed on: 2003-04-17 | Yu Wu |
| 2003-03-17 | Notice of hearing sent to parties | |
| 2003-03-11 | Appeal perfected for hearing, Session beginning on 2003-04-07 | |
| 2003-03-11 |
Appeal hearing scheduled, 2003-06-04 Judgment reserved |
|
| 2003-02-20 | Appellant's book of authorities, Vol. I to IV, Completed on: 2003-02-20 | Her Majesty the Queen |
| 2003-02-20 | Appellant's record, Completed on: 2003-03-14 | Her Majesty the Queen |
| 2003-02-20 | Appellant's factum, Completed on: 2003-02-20 | Her Majesty the Queen |
| 2003-02-06 |
Decision on motion to extend time, to serve and file the appellant's factum, record and book of authorities to Feb. 21/03, Reg Granted |
|
| 2003-02-06 | Submission of motion to extend time, Reg | |
| 2003-02-05 | Response to motion to extend time, Completed on: 2003-02-05 | Yu Wu |
| 2003-02-05 | Motion to extend time, to file the factum, record and authorities to Feb. 21, 2003, Completed on: 2003-02-05 | Her Majesty the Queen |
| 2002-11-18 | Correspondence (sent by the Court) to, all parties; re: Filing timetable / Tentative hearing date (June 5/03) | |
| 2002-11-13 | Notice of appeal, (enclosing Form 25B), Completed on: 2002-11-13 | Her Majesty the Queen |
| 2002-10-18 | Judgment on leave sent to the parties | |
| 2002-10-17 |
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 for Ontario, Number C35987, dated December 12, 2001, is granted. Granted |
|
| 2002-09-30 | All materials on application for leave submitted to the Judges, CJ Ba De | |
| 2002-06-11 | Applicant's reply to respondent's argument, (Letter Form), from R. Frater dated June 12, 2002 re: will not be filing a reply, Completed on: 2002-06-11 | Her Majesty the Queen |
| 2002-05-31 | Respondent's response on the application for leave to appeal, (see decision dated May 17/02) (new covers requested - style of cause / replaced June 4/02 with service), Completed on: 2002-05-31 | Yu Wu |
| 2002-05-17 |
Decision on motion to extend time, Reg, to serve and file the respondent's response to May 31, 2002. Granted |
|
| 2002-05-17 | Submission of motion to extend time, Reg | |
| 2002-05-13 | Response to motion to extend time, (1 copy), Completed on: 2002-05-13 | Her Majesty the Queen |
| 2002-05-07 | Motion to extend time, to serve and file the response to May 31/02 (book form), Completed on: 2002-05-07 | Yu Wu |
| 2002-05-03 | Correspondence received from, Lawrence Greenspon dated May 3, 2002 (fax copy) re: has been retained as counsel through Legal Aid; will be filing a motion for extension of time to file a response by next week (original received May 8, 2002) | Yu Wu |
| 2002-03-05 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2002-02-08 | Application for leave to appeal, Completed on: 2002-03-05 | 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 |
|---|---|---|
| Wu, Yu | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Charter Committee on Poverty Issues ("CCPI") | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Marie Comiskey
130 King Street West
Suite 3400, Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-3749
FAX: (416) 973-8253
Email: Peter.DeFreitas@justice.gc.ca
Agent
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Party: Wu, Yu
Counsel
Blair Crew
Trevor Brown
1107 - 180 MacLaren Street
Ottawa, Ontario
K2P 2N9
Telephone: (613) 232-9911
FAX: (613) 232-8229
Party: Charter Committee on Poverty Issues ("CCPI")
Counsel
Roger Burrill
2830 Agricola Street
Halifax, Nova Scotia
B3K 4E4
Telephone: (902) 420-3461
FAX: (902) 420-2873
Email: vincent.calderhead@nslegalaid.ca
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
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.
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Lower court rulings
Ontario Court of Justice
Conviction: possession of contraband tobacco contrary to s. 240(1) of the Excise Act; Sentence: fine of $9, 600 in default of which 75 days to be served as a conditional sentence
Ontario Superior Court of Justice
98-319
Appellant's summary conviction appeal against sentence dismissed
Court of Appeal for Ontario
C35987
Appellant's further 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
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